HF 489

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to vehicle insurance; requiring vehicle owner
to present proof of insurance to the commissioner of
public safety when vehicle is registered and at
certain other times; requiring the insurance company
to send copy of notice of cancellation of insurance to
the commissioner; requiring vehicle owner after
cancellation to provide proof of renewed insurance or
surrender vehicle registration; amending Minnesota
Statutes 2004, sections 169.791, subdivision 1;
169.798, subdivision 1; 171.20, subdivision 4;
proposing coding for new law in Minnesota Statutes,
chapter 169; repealing Minnesota Statutes 2004,
sections 169.796, subdivision 3; 169.798, subdivision
4.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2004, section 169.791,
subdivision 1, is amended to read:

Subdivision 1.

Terms defined.

(a) For purposes of this
section and sections 169.792 to deleted text begin 169.798 deleted text end new text begin 169.7993 new text end , the following
terms have the meanings given.

(b) "Commissioner" means the commissioner of public safety.

(c) "District court administrator" or "court administrator"
means the district court administrator or a deputy district
court administrator of the district court that has jurisdiction
of a violation of this section.

(d) "Insurance identification card" means a card issued by
an obligor to an insured stating that security as required by
section 65B.48 has been provided for the insured's vehicle.

(e) "Law enforcement agency" means the law enforcement
agency that employed the peace officer who demanded proof of
insurance under this section or section 169.792.

(f) "Peace officer" or "officer" means an employee of a
political subdivision or state law enforcement agency, including
the Minnesota State Patrol, who is licensed by the Minnesota
Board of Peace Officer Standards and Training and is authorized
to make arrests for violations of traffic laws.

(g) "Proof of insurance" means an insurance identification
card, written statement, or insurance policy as defined by
section 65B.14, subdivision 2.

(h) "Vehicle" means a motor vehicle as defined in section
65B.43, subdivision 2, or a motorcycle as defined in section
65B.43, subdivision 13.

(i) "Written statement" means a written statement by a
licensed insurance agent stating the name and address of the
insured, the vehicle identification number of the insured's
vehicle, that a plan of reparation security as required by
section 65B.48 has been provided for the insured's vehicle, and
the dates of the coverage.

(j) The definitions in section 65B.43 apply to sections
169.792 to deleted text begin 169.798 deleted text end new text begin 169.7993 new text end .

Sec. 2.

new text begin [169.7965] INSURANCE INFORMATION REQUIRED FOR
APPLICATION.
new text end

new text begin Every vehicle owner when applying for registration,
reregistration, or transfer of ownership shall supply any
information the commissioner reasonably requires to determine
that the motor vehicle or motorcycle is covered by a plan of
reparation security. Such information must include, but is not
limited to, the name and address of the owner, the name of the
reparation obligor, the insurance policy number, and any other
data the commissioner requires. In lieu of the information
regarding reparation security, the owner may submit an
affidavit, in a form prescribed by the commissioner, that the
motor vehicle or motorcycle will not be used or operated.
new text end

Sec. 3.

new text begin [169.7967] INFORMATION MAY BE REQUIRED.
new text end

new text begin The vehicle owner shall provide the information required in
section 169.7965 when the records of the department or other
records indicate that a required insurance policy is not in
effect.
new text end

Sec. 4.

Minnesota Statutes 2004, section 169.798,
subdivision 1, is amended to read:

Subdivision 1.

Authority.

The commissioner of public
safety shall have the power and perform the duties imposed by
deleted text begin this section and deleted text end sections 65B.41 to 65B.71 and deleted text begin 169.797 deleted text end new text begin 169.7965
to 169.7993 new text end and may adopt rules to implement and provide
effective administration of the provisions requiring security
and governing termination of security.

Sec. 5.

new text begin [169.7993] OBLIGOR'S NOTIFICATION OF LAPSE,
CANCELLATION, OR FAILURE TO RENEW POLICY OF COVERAGE.
new text end

new text begin If the required plan of reparation security of an owner or
named insured is canceled, and notification of cancellation is
given to the insured under section 65B.19, a copy of the notice
must, within 30 days after coverage has expired, be sent to the
commissioner. If, before the end of the 30-day period, the
insured owner has not presented the commissioner or an
authorized agent with evidence of required security, which shall
have taken effect upon the expiration of the previous coverage,
or if the insured owner or registrant has not objected to the
obligor's cancellation under section 65B.21, within the
specified time limitations, the insured owner or registrant
shall immediately surrender the registration certificate and
vehicle license plates to the commissioner and may not operate
or permit operation of the vehicle in this state until security
is again provided and proof of security furnished as required by
sections 65B.41 to 65B.71.
new text end

Sec. 6.

Minnesota Statutes 2004, section 171.20,
subdivision 4, is amended to read:

Subd. 4.

Reinstatement fee.

(a) Before the license is
reinstated, (1) a person whose driver's license has been
suspended under section 171.16, subdivision 2; 171.18, except
subdivision 1, clause (10); or 171.182, or who has been
disqualified from holding a commercial driver's license under
section 171.165, and (2) a person whose driver's license has
been suspended under section 171.186 and who is not exempt from
such a fee, must pay a fee of $20.

(b) Before the license is reinstated, a person whose
license has been suspended under sections 169.791 to deleted text begin 169.798
deleted text end new text begin 169.7993 new text end must pay a $20 reinstatement fee.

(c) When fees are collected by a licensing agent appointed
under section 171.061, a handling charge is imposed in the
amount specified under section 171.061, subdivision 4. The
reinstatement fee and surcharge must be deposited in an approved
state depository as directed under section 171.061, subdivision
4.

(d) A suspension may be rescinded without fee for good
cause.

Sec. 7. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2004, sections 169.796, subdivision 3;
and 169.798, subdivision 4, are repealed.
new text end