SF 577

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

A bill for an act
relating to drivers' licenses; modifying provision
relating to driver's license suspension based on
insurance sampling; 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 deleted text begin 30 deleted text end new text begin 90 new text end days. The request 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. deleted text begin The commissioner shall comply with the notice
requirement of section 171.18, subdivision 2.
deleted text end

(f) new text begin The department may not suspend a driver's license until
90 days after the date on which the department mails to the
licensee a written notice of the department's intent to suspend
the license, addressed to the licensee at the licensee's last
known address, with postage prepaid. Notice may be forwarded to
another address in the case of a recent change of address or for
long-term vacationers. Suspension of a driver's license takes
effect immediately upon a finding by the commissioner, based on
department records or other sufficient evidence, that a delay in
the effectiveness of the suspension poses a threat to public
safety. The department shall immediately notify the licensee of
the suspension by mail, addressed to the licensee's last known
address, with postage prepaid.
new text end

new text begin (g) new text end 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.