Minnesota Legislature
SF 2624
as introduced - 88th Legislature (2013 - 2014) Posted on 03/20/2014 08:27am
Current Version - as introduced
1.7 1.8 1.9 1.10 1.11 1.12 1.13 1.14 1.15
1.16 1.17 1.18 1.19 1.20 1.21 1.22 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 2.10 2.11 2.12 2.13 2.14 2.15 2.16 2.17 2.18 2.19 2.20 2.21 2.22 2.23 2.24 2.25 2.26 2.27 2.28 2.29 2.30 2.31 2.32 2.33 2.34 2.35 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.10 3.11 3.12 3.13 3.14 3.15 3.16 3.17 3.18 3.19 3.20 3.21 3.22 3.23 3.24 3.25 3.26 3.27 3.28 3.29 3.30 3.31
3.32 3.33
A bill for an act
relating to commerce; transferring certain accident report fees to the insurance
fraud prevention account; amending Minnesota Statutes 2012, section 169.09,
subdivision 13; Minnesota Statutes 2013 Supplement, section 45.0135,
subdivision 6.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2013 Supplement, section 45.0135, subdivision 6,
is amended to read:
Subd. 6.
Insurance fraud prevention account.
The insurance fraud prevention
account is created in the state treasury. Money received from assessments under
subdivision 7 and transferred from the automobile theft prevention account in section
65B.84, subdivision 1, is deposited in the account. new text begin Money received from the $5 fee for
accident reports received under section 169.09, subdivision 13, paragraph (e), is deposited
in the account. new text end Money in this fund is appropriated to the commissioner of commerce for
the purposes specified in this section and sections 60A.951 to 60A.956.
Sec. 2.
Minnesota Statutes 2012, section 169.09, subdivision 13, is amended to read:
Subd. 13.
Reports confidential; evidence, fee, penalty, appropriation.
(a) All
reports and supplemental information required under this section must be for the use of the
commissioner of public safety and other appropriate state, federal, county, and municipal
governmental agencies for accident analysis purposes, except:
(1) upon written request, the commissioner of public safety or any law enforcement
agency shall disclose the report required under subdivision 8 to:
(i) any individual involved in the accident, the representative of the individual's
estate, or the surviving spouse, or one or more surviving next of kin, or a trustee appointed
under section 573.02;
(ii) any other person injured in person, property, or means of support, or who incurs
other pecuniary loss by virtue of the accident;
(iii) legal counsel of a person described in item (i) or (ii); or
(iv) a representative of the insurer of any person described in item (i) or (ii);
(2) the commissioner of public safety shall, upon written request, provide the driver
filing a report under subdivision 7 with a copy of the report filed by the driver;
(3) the commissioner of public safety may verify with insurance companies vehicle
insurance information to enforce sections 65B.48, 169.792, 169.793, 169.796, and 169.797;
(4) the commissioner of public safety shall provide the commissioner of
transportation the information obtained for each traffic accident involving a commercial
motor vehicle, for purposes of administering commercial vehicle safety regulations;
(5) upon specific request, the commissioner of public safety shall provide the
commissioner of transportation the information obtained regarding each traffic accident
involving damage to identified state-owned infrastructure, for purposes of debt collection
under section 161.20, subdivision 4; and
(6) the commissioner of public safety may give to the United States Department of
Transportation commercial vehicle accident information in connection with federal grant
programs relating to safety.
(b) Accident reports and data contained in the reports are not discoverable under any
provision of law or rule of court. No report shall be used as evidence in any trial, civil or
criminal, or any action for damages or criminal proceedings arising out of an accident.
However, the commissioner of public safety shall furnish, upon the demand of any person
who has or claims to have made a report or upon demand of any court, a certificate
showing that a specified accident report has or has not been made to the commissioner
solely to prove compliance or failure to comply with the requirements that the report be
made to the commissioner.
(c) Nothing in this subdivision prevents any individual who has made a report under
this section from providing information to any individuals involved in an accident or their
representatives or from testifying in any trial, civil or criminal, arising out of an accident,
as to facts within the individual's knowledge. It is intended by this subdivision to render
privileged the reports required, but it is not intended to prohibit proof of the facts to
which the reports relate.
(d) Disclosing any information contained in any accident report, except as provided
in this subdivision, section 13.82, subdivision 3 or 6, or other statutes, is a misdemeanor.
(e) The commissioner of public safety shall charge authorized persons as described
in paragraph (a) a $5 fee for a copy of an accident report. deleted text begin Ninety percent ofdeleted text end The $5 fee
collected under this paragraph must be deposited in the deleted text begin special revenue fund and credited
to the driver services operatingdeleted text end new text begin insurance fraud preventionnew text end account established in section
deleted text begin 299A.705 and ten percent must be deposited in the general funddeleted text end new text begin 45.0135, subdivision 6new text end .
The commissioner may also furnish an electronic copy of the database of accident records,
which must not contain personal or private data on an individual, to private agencies as
provided in paragraph (g), for not less than the cost of preparing the copies on a bulk basis
as provided in section 13.03, subdivision 3.
(f) The fees specified in paragraph (e) notwithstanding, the commissioner and law
enforcement agencies shall charge commercial users who request access to response or
incident data relating to accidents a fee not to exceed 50 cents per record. "Commercial
user" is a user who in one location requests access to data in more than five accident
reports per month, unless the user establishes that access is not for a commercial purpose.
Of the money collected by the commissioner under this paragraph, 90 percent must be
deposited in the special revenue fund and credited to the driver services operating account
established in section 299A.705 and ten percent must be deposited in the general fund.
(g) The fees in paragraphs (e) and (f) notwithstanding, the commissioner shall
provide an electronic copy of the accident records database to the public on a case-by-case
basis using the cost-recovery charges provided for under section 13.03, subdivision
3. The database provided must not contain personal or private data on an individual.
However, unless the accident records database includes the vehicle identification number,
the commissioner shall include the vehicle registration plate number if a private agency
certifies and agrees that the agency:
(1) is in the business of collecting accident and damage information on vehicles;
(2) will use the vehicle registration plate number only for identifying vehicles that
have been involved in accidents or damaged, to provide this information to persons seeking
access to a vehicle's history and not for identifying individuals or for any other purpose; and
(3) will be subject to the penalties and remedies under sections 13.08 and 13.09.
Sec. 3. new text begin EFFECTIVE DATE.
new text end
new text begin
This act is effective July 1, 2014.
new text end