HF 1045

1st Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to insurance; prohibiting a surcharge for an 
  1.3             automobile accident in which the insured is a 
  1.4             passenger in a bus, taxi, or commuter van; prohibiting 
  1.5             discrimination in automobile policies based on 
  1.6             coverage; removing a surcharge for the automobile 
  1.7             theft prevention program; amending Minnesota Statutes 
  1.8             1996, sections 65B.13; and 65B.133, by adding a 
  1.9             subdivision; repealing Laws 1996, chapter 408, article 
  1.10            2, section 1, subdivision 3. 
  1.11  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.12     Section 1.  Minnesota Statutes 1996, section 65B.13, is 
  1.13  amended to read: 
  1.14     65B.13 [AUTOMOBILE INSURANCE, DISCRIMINATION IN AUTOMOBILE 
  1.15  POLICIES FORBIDDEN.] 
  1.16     No insurance company, or its agent, shall refuse to issue 
  1.17  any standard or preferred policy of motor vehicle insurance or 
  1.18  make any discrimination in the acceptance of risks, in rates, 
  1.19  premiums, dividends, or benefits of any kind, or by way of 
  1.20  rebate:  
  1.21     (a) between persons of the same class, or 
  1.22     (b) on account of race, or 
  1.23     (c) on account of physical handicap if the handicap is 
  1.24  compensated for by special training, equipment, prosthetic 
  1.25  device, corrective lenses, or medication and if the physically 
  1.26  handicapped person; 
  1.27     (1) is licensed by the department of public safety to 
  1.28  operate a motor vehicle in this state, and 
  2.1      (2) operates only vehicles which are equipped with 
  2.2   auxiliary devices and equipment necessary for safe and effective 
  2.3   operation by the handicapped person, or 
  2.4      (d) on account of marital dissolution, or 
  2.5      (e) on account of desire to purchase a policy that does not 
  2.6   include collision or comprehensive coverage on the insured 
  2.7   vehicle.  
  2.8      Every company or agent violating any of the foregoing 
  2.9   provisions shall be fined not more than $200 per violation, and 
  2.10  every officer, agent, or solicitor violating the same shall be 
  2.11  guilty of a misdemeanor.  The commissioner of commerce is 
  2.12  authorized to treat violations of this section as an unfair 
  2.13  insurance practice and to enforce this section using the 
  2.14  procedures, remedies, and penalties provided in sections 72A.17 
  2.15  to 72A.32.  
  2.16     Clauses (a) and (c) prohibit routinely requiring a medical 
  2.17  statement from a physician solely due to the person's age or 
  2.18  physical disability, respectively. 
  2.19     Sec. 2.  Minnesota Statutes 1996, section 65B.133, is 
  2.20  amended by adding a subdivision to read: 
  2.21     Subd. 5a.  [SURCHARGE PROHIBITION.] No surcharge is 
  2.22  chargeable to an insured who collects benefits under a policy 
  2.23  because the insured is a passenger in a bus, taxi, or commuter 
  2.24  van involved in an accident. 
  2.25     Sec. 3.  [REPEALER.] 
  2.26     Laws 1996, chapter 408, article 2, section 1, subdivision 
  2.27  3, is repealed. 
  2.28     Sec. 4.  [EFFECTIVE DATE.] 
  2.29     Section 2 is effective the day following final enactment.