HF 1659

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

A bill for an act
relating to drivers' licenses; repealing authority for
the commissioner to suspend driver's licenses as a
result of mailed demands for proof of motor vehicle
insurance; providing for remedial measures for
victims; appropriating money; repealing Minnesota
Statutes 2004, section 169.796, subdivision 3.

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

Section 1. new text begin REMEDIATION OF HARM CAUSED BY SUSPENSIONS OF
DRIVERS' LICENSES.
new text end

new text begin Subdivision 1. new text end

new text begin Remediation by commissioner. new text end

new text begin (a) For
purposes of this section, "the repealed law" means Minnesota
Statutes 2004, section 169.796, subdivision 3.
new text end

new text begin (b) This section does not apply to drivers who admitted
that they did not have motor vehicle insurance on the relevant
day in a written response to the commissioner's demand under the
repealed law or to drivers who have been convicted of not having
motor vehicle insurance, or of failure to provide proof of
insurance, as of that date.
new text end

new text begin (c) The commissioner of public safety shall immediately
reinstate all drivers' licenses suspended under the repealed
law, retroactive to the date of the suspension, and at no cost
to the licensees, and shall immediately notify the licensees of
the reinstatement at the most recent address known to the
commissioner, regardless of whether that address is one of which
the licensee has officially notified the commissioner.
new text end

new text begin (d) The commissioner shall immediately refund to licensees
any fees paid by them to reinstate licenses suspended under the
repealed law. The refund must be made without requiring a
request for the refund by the licensee.
new text end

new text begin (e) The commissioner shall expunge all suspensions referred
to in paragraph (c) from the licensee's driving record.
new text end

new text begin (f) The commissioner shall expunge from the licensee's
driving record any offenses for driving without insurance or
with a suspended license, resulting from suspensions or other
actions taken under the repealed law.
new text end

new text begin (g) The commissioner shall compile a list of all
convictions reported to the commissioner or otherwise known to
the commissioner resulting from the repealed law.
new text end

new text begin (h) The commissioner shall promptly notify the court
administrator of any court in which a conviction under paragraph
(g) occurred that the repealed law has been repealed retroactive
to its effective date. The notice must further inform the court
administrator of the requirements of subdivision 2.
new text end

new text begin Subd. 2. new text end

new text begin Remediation for convictions. new text end

new text begin (a) A court in
which a conviction referred to in subdivision 1, paragraph (h),
occurred, must vacate the conviction, on its own motion, without
cost to the person convicted, and must immediately notify the
person that the conviction has been vacated.
new text end

new text begin (b) The commissioner of finance, in consultation with the
Supreme Court administrator, shall develop and implement a
procedure to refund to the licensee any fine paid by the
licensee for a conviction vacated under paragraph (a), without
requiring that the licensee request the refund. The procedure
may require recovery of portions of the fines that have been
allocated by law to local government units.
new text end

new text begin Subd. 3. new text end

new text begin Remediation by insurers. new text end

new text begin (a) Insurers that
issue or renew motor vehicle insurance in this state shall,
within 30 days after the effective date of this section, inform
the commissioner of commerce as to whether it has canceled,
nonrenewed, denied an application for coverage, or surcharged
any motor vehicle insurance due to a suspension or conviction as
a result of the repealed law, provide a list of any such
persons, and indicate for each person the remediation the
insurer intends to provide.
new text end

new text begin (b) Remediation under paragraph (a) must compensate the
victim to the greatest extent feasible, including refunds,
reinstatements of coverage, and other appropriate measures.
new text end

new text begin (c) Insurers shall provide the remediation without
requiring that the person make a request for remediation.
new text end

new text begin (d) The commissioner of commerce shall enforce this
subdivision under its general enforcement powers under Minnesota
Statutes, chapter 45.
new text end

new text begin Subd. 4. new text end

new text begin Public safety funding. new text end

new text begin The commissioner of
public safety shall use funds appropriated for purposes of the
repealed law and not yet spent for that purpose to accomplish
the remediation required under subdivision 1. Such funds that
are unspent at the end of the 2005 fiscal year may be carried
forward into the next biennium if necessary to complete the
remediation.
new text end

Sec. 2. new text begin COMMISSIONER RECOMMENDATION.
new text end

new text begin The commissioner of public safety shall recommend to the
legislature by January 15, 2006, a method of enforcing the
mandatory motor vehicle insurance requirement that is effective,
efficient, and fair to drivers and vehicle owners.
new text end

Sec. 3. new text begin APPROPRIATION.
new text end

new text begin $....... is appropriated from the general fund to the
commissioner of finance for fiscal year 2005 for the purpose of
making the refunds of fines required under section 1,
subdivision 2. Any amounts not expended for that purpose in
fiscal year 2005 may be carried forward to the following
biennium for that purpose if necessary.
new text end

Sec. 4. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2004, section 169.796, subdivision 3, is
repealed retroactively from June 9, 2003.
new text end

Sec. 5. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 4 are effective the day following final
enactment.
new text end