Minnesota Legislature
HF 2307
as introduced - 87th Legislature (2011 - 2012) Posted on 02/29/2012 06:07pm
Current Version - as introduced
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A bill for an act
relating to insurance; property and casualty; permitting a written disclosure of
guaranty association coverage when a policy is delivered; expanding access to
accident reports to include all parties involved; amending Minnesota Statutes
2010, section 169.09, subdivision 13; Minnesota Statutes 2011 Supplement,
section 60C.21, subdivision 1.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2011 Supplement, section 60C.21, subdivision 1, is
amended to read:
Subdivision 1.
Notice required.
No person, including an insurer, agent, or affiliate
of an insurer or agent shall sell, or offer for sale, a covered property and casualty insurance
policy, unless the notice, in the form specified in subdivision 2, is given or obtained with
or as a part of the application fornew text begin , or the delivery of,new text end that policy. This section does not
apply to renewals, unless the renewal increases the dollar amount of a coverage by more
than 100 percent. The notice must be given or obtained in writing or in the same medium
as the application for insurance.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
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Sec. 2.
Minnesota Statutes 2010, section 169.09, subdivision 13, is amended to read:
Subd. 13.
Reports confidential; evidence, fee, penalty, appropriation.
(a) All
reports and supplemental information required under this section must be for the use of the
commissioner of public safety and other appropriate state, federal, county, and municipal
governmental agencies for accident analysis purposes, except:
(1) new text begin upon written request, new text end the commissioner of public safety or any law enforcement
agency shalldeleted text begin , upon written request ofdeleted text end new text begin disclose the report required under subdivision 8 to:
new text end
new text begin (i) new text end any individual involved in deleted text begin andeleted text end new text begin thenew text end accident deleted text begin or upon written request ofdeleted text end new text begin ,new text end the
representative of the individual's estate, new text begin or the new text end surviving spouse, or one or more surviving
next of kin, or a trustee appointed under section 573.02deleted text begin , ordeleted text end new text begin ;
new text end
new text begin (ii) anynew text end other person injured in person, property, or means of support, or who incurs
other pecuniary loss by virtue of the accidentdeleted text begin , disclose to the requester, the requester'sdeleted text end new text begin ;
new text end
new text begin (iii)new text end legal counseldeleted text begin ,deleted text end new text begin of a person involved in the accident;new text end or
new text begin (iv) new text end a representative of the deleted text begin requester'sdeleted text end insurer deleted text begin the report required under subdivision
8deleted text end new text begin of any person involved in the accidentnew text end ;
(2) the commissioner of public safety shall, upon written request, provide the driver
filing a report under subdivision 7 with a copy of the report filed by the driver;
(3) the commissioner of public safety may verify with insurance companies vehicle
insurance information to enforce sections 65B.48, 169.792, 169.793, 169.796, and
169.797;
(4) the commissioner of public safety shall provide the commissioner of
transportation the information obtained for each traffic accident involving a commercial
motor vehicle, for purposes of administering commercial vehicle safety regulations; and
(5) the commissioner of public safety may give to the United States Department of
Transportation commercial vehicle accident information in connection with federal grant
programs relating to safety.
(b) Accident reports and data contained in the reports are not discoverable under any
provision of law or rule of court. No report shall be used as evidence in any trial, civil or
criminal, or any action for damages or criminal proceedings arising out of an accident.
However, the commissioner of public safety shall furnish, upon the demand of any person
who has or claims to have made a report or upon demand of any court, a certificate
showing that a specified accident report has or has not been made to the commissioner
solely to prove compliance or failure to comply with the requirements that the report be
made to the commissioner.
(c) Nothing in this subdivision prevents any individual who has made a report under
this section from providing information to any individuals involved in an accident or their
representatives or from testifying in any trial, civil or criminal, arising out of an accident,
as to facts within the individual's knowledge. It is intended by this subdivision to render
privileged the reports required, but it is not intended to prohibit proof of the facts to
which the reports relate.
(d) Disclosing any information contained in any accident report, except as provided
in this subdivision, section 13.82, subdivision 3 or 6, or other statutes, is a misdemeanor.
(e) The commissioner of public safety shall charge authorized persons as described
in paragraph (a) a $5 fee for a copy of an accident report. Ninety percent of the $5 fee
collected under this paragraph must be deposited in the special revenue fund and credited
to the driver services operating account established in section 299A.705 and ten percent
must be deposited in the general fund. The commissioner may also furnish an electronic
copy of the database of accident records, which must not contain personal or private data
on an individual, to private agencies as provided in paragraph (g), for not less than the cost
of preparing the copies on a bulk basis as provided in section 13.03, subdivision 3.
(f) The fees specified in paragraph (e) notwithstanding, the commissioner and law
enforcement agencies shall charge commercial users who request access to response or
incident data relating to accidents a fee not to exceed 50 cents per record. "Commercial
user" is a user who in one location requests access to data in more than five accident
reports per month, unless the user establishes that access is not for a commercial purpose.
Of the money collected by the commissioner under this paragraph, 90 percent must be
deposited in the special revenue fund and credited to the driver services operating account
established in section 299A.705 and ten percent must be deposited in the general fund.
(g) The fees in paragraphs (e) and (f) notwithstanding, the commissioner shall
provide an electronic copy of the accident records database to the public on a case-by-case
basis using the cost-recovery charges provided for under section 13.03, subdivision
3. The database provided must not contain personal or private data on an individual.
However, unless the accident records database includes the vehicle identification number,
the commissioner shall include the vehicle registration plate number if a private agency
certifies and agrees that the agency:
(1) is in the business of collecting accident and damage information on vehicles;
(2) will use the vehicle registration plate number only for identifying vehicles that
have been involved in accidents or damaged, to provide this information to persons
seeking access to a vehicle's history and not for identifying individuals or for any other
purpose; and
(3) will be subject to the penalties and remedies under sections 13.08 and 13.09.
new text begin EFFECTIVE DATE. new text end
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This section is effective the day following final enactment.
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