HF 11

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

A bill for an act
relating to motor vehicles; requiring that mailings of
random sampling to verify insurance coverage must be
by certified mail with evidence of delivery;
prohibiting Department of Public Safety from
suspending driver's license on grounds that driver
failed to respond to commissioner's request for proof
of insurance unless commissioner possesses evidence of
delivery; amending Minnesota Statutes 2004, section
169.796, subdivision 3.

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

Section 1.

Minnesota Statutes 2004, section 169.796,
subdivision 3, is amended to read:

Subd. 3.

Sampling to verify insurance coverage.

(a) The
commissioner of public safety shall implement a monthly sampling
program to verify insurance coverage. The sample must annually
include at least two percent of all drivers who own motor
vehicles, as defined in section 168.011, licensed in the state,
one-half of whom during the previous year have been convicted of
at least one vehicle insurance law violation, have had a
driver's license revoked or suspended due to habitual violation
of traffic laws, have had no insurance in effect at the time of
a reportable crash, or have been convicted of an alcohol-related
motor vehicle offense. No sample may be selected based on race,
religion, physical or mental disability, economic status, or
geographic location.

(b) The commissioner shall request each vehicle owner
included in the sample to furnish insurance coverage information
to the commissioner within 30 days. new text begin The request must be made by
certified mail with proof of delivery. new text end The request new text begin for
insurance coverage information new text end must require the owner to state
whether or not all motor vehicles owned by that person were
insured on the verification date stated in the commissioner's
request. The request may require, but is not limited to, a
signed statement by the owner that the information is true and
correct, the names and addresses of insurers, policy numbers,
and expiration or renewal dates of insurance coverage.

(c) The commissioner shall conduct a verification of the
response by transmitting necessary information to the insurance
companies named in the owner's response.

(d) The insurance companies shall electronically notify the
commissioner, within 30 days of the commissioner's request, of
any false statements regarding coverage.

(e) The commissioner shall suspend, without preliminary
hearing, the driver's license, if any, of a vehicle owner who
falsely claims coverage, who indicates that coverage was not in
effect at the time specified in the request, or who fails to
respond to the commissioner's request to furnish proof of
insurance. The commissioner shall comply with the notice
requirement of section 171.18, subdivision 2. new text begin The commissioner
may not suspend a driver's license under this paragraph for
failure to respond to the commissioner's request for proof of
insurance unless the commissioner possesses evidence of delivery
of the request from the United States Postal Service.
new text end

(f) Before reinstatement of the driver's license, there
must be filed with the commissioner of public safety the written
certificate of an insurance carrier authorized to do business in
the state stating that security has been provided as required by
section 65B.48. The commissioner of public safety may require
the certificate of insurance provided to satisfy this
subdivision to be certified by the insurance carrier for a
period not to exceed one year. The commissioner of public
safety may also require a certificate of insurance to be filed
with respect to all vehicles required to be insured under
section 65B.48 and owned by any person whose driving privileges
have been suspended as provided in this section before
reinstating the person's driver's license.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective March 1, 2005.
new text end