SF 3015

1st Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to commerce; establishing a division of 
  1.3             insurance fraud prevention within the department of 
  1.4             commerce to investigate and prosecute insurance fraud; 
  1.5             appropriating money; amending Minnesota Statutes 2000, 
  1.6             sections 60A.951, subdivisions 1, 2, by adding 
  1.7             subdivisions; 60A.952, subdivisions 1, 2, by adding 
  1.8             subdivisions; 60A.953; 168A.40, subdivisions 3, 4; 
  1.9             proposing coding for new law in Minnesota Statutes, 
  1.10            chapters 45; 60A; repealing Minnesota Statutes 2000, 
  1.11            section 175.16, subdivision 2; Minnesota Statutes 2001 
  1.12            Supplement, section 299A.75. 
  1.13  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.14     Section 1.  [45.0135] [DIVISION OF INSURANCE FRAUD 
  1.15  PREVENTION.] 
  1.16     Subdivision 1.  [CREATION.] The division of insurance fraud 
  1.17  prevention is established in the department of commerce.  The 
  1.18  division of insurance fraud prevention shall: 
  1.19     (1) initiate inquiries and conduct investigations when the 
  1.20  division has reason to believe that insurance fraud has been or 
  1.21  is being committed; 
  1.22     (2) respond to notifications or complaints of suspected 
  1.23  insurance fraud generated by state and local police, other law 
  1.24  enforcement authorities, governmental units, including the 
  1.25  federal government, and any other person; 
  1.26     (3) review notices and reports of insurance fraud submitted 
  1.27  by authorized insurers, their employees, and agents or 
  1.28  producers, and to investigate those incidents of alleged fraud 
  1.29  that, in its judgment, require further investigation; 
  2.1      (4) report incidents of alleged insurance fraud disclosed 
  2.2   by its investigations to appropriate law enforcement 
  2.3   authorities, including, but not limited to, the attorney 
  2.4   general, county attorneys, and to any other appropriate law 
  2.5   enforcement, administrative, regulatory, or licensing agency, 
  2.6   and to assemble evidence, prepare charges, and otherwise assist 
  2.7   any law enforcement authority having jurisdiction; and 
  2.8      (5) administer the automobile theft prevention program 
  2.9   under section 45.0136. 
  2.10     Subd. 2.  [POWERS.] The division of insurance fraud 
  2.11  prevention may employ investigators who are certified by the 
  2.12  board of peace officers standards and training.  The general 
  2.13  laws applicable to law enforcement officers of this state are 
  2.14  applicable to the investigators.  The powers of the division 
  2.15  include, but are not limited to, the following powers: 
  2.16     (1) to administer oaths and affirmations, subpoena 
  2.17  witnesses, compel their attendance, take evidence, and require 
  2.18  production of any books, papers, correspondence, memoranda, 
  2.19  agreements, or other documents or records that the division 
  2.20  considers relevant or material to an inquiry concerning 
  2.21  insurance fraud; 
  2.22     (2) to make arrests for criminal violations established as 
  2.23  a result of their investigations; and 
  2.24     (3) to execute arrest and search warrants for the same 
  2.25  criminal violations. 
  2.26     Subd. 3.  [EVIDENCE, DOCUMENTATION, AND RELATED MATERIALS.] 
  2.27  If the division seeks evidence, documentation, and related 
  2.28  materials pertinent to an investigation, and the matter is 
  2.29  located outside of this state, the division may designate 
  2.30  representatives, including officials of the state where the 
  2.31  matter is located, to secure the matter or inspect the matter on 
  2.32  its behalf. 
  2.33     Subd. 4.  [CONFIDENTIALITY AND IMMUNITY.] The provisions of 
  2.34  chapter 13, including, but not limited to, section 13.82, apply 
  2.35  to the classification, disclosure, and collection of data 
  2.36  relating to the division of insurance fraud prevention. 
  3.1      Subd. 5.  [ANNUAL REPORT ON ACTIVITIES AND 
  3.2   COST-EFFECTIVENESS.] The division of insurance fraud prevention 
  3.3   shall maintain records and information in order to produce an 
  3.4   annual report of its activities as may be prescribed by the 
  3.5   commissioner of commerce.  The commissioner shall report 
  3.6   annually to the house and senate standing committees with 
  3.7   jurisdiction over insurance issues as to the activities of the 
  3.8   division and the cost-effectiveness of the programs established 
  3.9   by the division. 
  3.10     Subd. 6.  [INSURANCE FRAUD PREVENTION ACCOUNT.] The 
  3.11  insurance fraud prevention account is created in the state 
  3.12  treasury.  It consists of all money deposited according to 
  3.13  section 60A.957 and any appropriations made by law.  Money in 
  3.14  this fund is appropriated to the commissioner of commerce for 
  3.15  the purposes specified in this section and sections 60A.951 to 
  3.16  60A.956. 
  3.17     Sec. 2.  [45.0136] [AUTOMOBILE THEFT PREVENTION PROGRAM.] 
  3.18     Subdivision 1.  [PROGRAM DESCRIBED; DUTIES.] (a) The 
  3.19  division of insurance fraud prevention shall: 
  3.20     (1) develop and sponsor the implementation of statewide 
  3.21  plans, programs, and strategies to combat automobile theft, 
  3.22  improve the administration of the automobile theft laws, and 
  3.23  provide a forum for identification of critical problems for 
  3.24  those persons dealing with automobile theft; 
  3.25     (2) coordinate the development, adoption, and 
  3.26  implementation of plans, programs, and strategies relating to 
  3.27  interagency and intergovernmental cooperation with respect to 
  3.28  automobile theft enforcement; 
  3.29     (3) annually audit the plans and programs that have been 
  3.30  funded in whole or in part to evaluate the effectiveness of the 
  3.31  plans and programs and withdraw funding should the commissioner 
  3.32  determine that a plan or program is ineffective or is no longer 
  3.33  in need of further financial support from the fund; 
  3.34     (4) develop a plan of operation including: 
  3.35     (i) an assessment of the scope of the problem of automobile 
  3.36  theft, including areas of the state where the problem is 
  4.1   greatest; 
  4.2      (ii) an analysis of various methods of combating the 
  4.3   problem of automobile theft; 
  4.4      (iii) a plan for providing financial support to combat 
  4.5   automobile theft; 
  4.6      (iv) a plan for eliminating car hijacking; and 
  4.7      (v) an estimate of the funds required to implement the 
  4.8   plan; and 
  4.9      (5) distribute money according to subdivision 3 from the 
  4.10  automobile theft prevention special revenue account for 
  4.11  automobile theft prevention activities, including: 
  4.12     (i) paying the administrative costs of the program; 
  4.13     (ii) providing financial support to the state patrol and 
  4.14  local law enforcement agencies for automobile theft enforcement 
  4.15  teams; 
  4.16     (iii) providing financial support to state or local law 
  4.17  enforcement agencies for programs designed to reduce the 
  4.18  incidence of automobile theft and for improved equipment and 
  4.19  techniques for responding to automobile thefts; 
  4.20     (iv) providing financial support to local prosecutors for 
  4.21  programs designed to reduce the incidence of automobile theft; 
  4.22     (v) providing financial support to judicial agencies for 
  4.23  programs designed to reduce the incidence of automobile theft; 
  4.24     (vi) providing financial support for neighborhood or 
  4.25  community organizations or business organizations for programs 
  4.26  designed to reduce the incidence of automobile theft and to 
  4.27  educate people about the common methods of automobile theft, the 
  4.28  models of automobiles most likely to be stolen, and the times 
  4.29  and places automobile theft is most likely to occur; and 
  4.30     (vii) providing financial support for automobile theft 
  4.31  educational and training programs for state and local law 
  4.32  enforcement officials, driver and vehicle services exam and 
  4.33  inspections staff, and members of the judiciary. 
  4.34     (b) The division may not spend in any fiscal year more than 
  4.35  ten percent of the money in the fund for the program's 
  4.36  administrative and operating costs.  The division must 
  5.1   distribute the full amount of the proceeds credited to the 
  5.2   automobile theft prevention special revenue account each year. 
  5.3      Subd. 2.  [ANNUAL REPORT.] By January 15 of each year, the 
  5.4   division shall report to the governor and legislature on the 
  5.5   activities and expenditures in the preceding year. 
  5.6      Subd. 3.  [GRANT CRITERIA; APPLICATION.] (a) A county 
  5.7   attorney's office, law enforcement agency, neighborhood 
  5.8   organization, community organization, or business organization 
  5.9   may apply for a grant under this section.  Multiple offices or 
  5.10  agencies within a county may apply for a grant under this 
  5.11  section. 
  5.12     (b) The division must develop criteria for the fair 
  5.13  distribution of grants from the automobile theft prevention 
  5.14  account that address the following factors: 
  5.15     (1) the number of reported automobile thefts per capita in 
  5.16  a city, county, or region, not merely the total number of 
  5.17  automobile thefts; 
  5.18     (2) the population of the jurisdiction of the applicant 
  5.19  office or agency; 
  5.20     (3) the total funds distributed within a county or region; 
  5.21  and 
  5.22     (4) the statewide interest in automobile theft reduction. 
  5.23     (c) The division may give priority to: 
  5.24     (1) offices and agencies engaged in a collaborative effort 
  5.25  to reduce automobile theft; and 
  5.26     (2) counties or regions with the greatest rates of 
  5.27  automobile theft. 
  5.28     (d) The minimum amount of a grant award is $5,000.  After 
  5.29  considering the automobile theft rate and total population of an 
  5.30  applicant's jurisdiction, if a grant award, as determined under 
  5.31  the criteria and priorities in this subdivision, would be less 
  5.32  than $5,000, it must not be awarded. 
  5.33     Subd. 4.  [ADVISORY BOARD; CREATION; MEMBERSHIP.] An 
  5.34  automobile theft prevention advisory board is established to 
  5.35  advise the division on the distribution of grants under this 
  5.36  section.  The board must consist of seven members appointed by 
  6.1   the division and must include representatives of law 
  6.2   enforcement, prosecuting agencies, automobile insurers, and the 
  6.3   public.  The division must annually select a chair from among 
  6.4   its members.  
  6.5      Sec. 3.  Minnesota Statutes 2000, section 60A.951, 
  6.6   subdivision 1, is amended to read: 
  6.7      Subdivision 1.  [APPLICATION.] The definitions in this 
  6.8   section apply to sections 60A.951 to 60A.955 60A.956. 
  6.9      Sec. 4.  Minnesota Statutes 2000, section 60A.951, 
  6.10  subdivision 2, is amended to read: 
  6.11     Subd. 2.  [AUTHORIZED PERSON.] "Authorized person" means 
  6.12  the county attorney, sheriff, or chief of police responsible for 
  6.13  investigations in the county where the suspected insurance fraud 
  6.14  occurred; the superintendent of the bureau of criminal 
  6.15  apprehension; the commissioner of commerce; the division of 
  6.16  insurance fraud; the commissioner of labor and industry; the 
  6.17  attorney general; or any duly constituted criminal investigative 
  6.18  department or agency of the United States. 
  6.19     Sec. 5.  Minnesota Statutes 2000, section 60A.951, is 
  6.20  amended by adding a subdivision to read: 
  6.21     Subd. 4a.  [INSURANCE POLICY OR POLICY.] "Insurance policy" 
  6.22  or "policy" means the written instrument in which are set forth 
  6.23  the terms of any certificate of insurance, binder of coverage, 
  6.24  or contract of insurance, including a certificate, binder, or 
  6.25  contract issued by a state-assigned risk plan; benefit plan; 
  6.26  nonprofit hospital service plan; motor club service plan; or 
  6.27  surety bond, cash bond, or any other alternative to insurance 
  6.28  authorized by the Minnesota Financial Responsibility Act. 
  6.29     Sec. 6.  Minnesota Statutes 2000, section 60A.951, is 
  6.30  amended by adding a subdivision to read: 
  6.31     Subd. 4b.  [INSURANCE PROFESSIONAL.] "Insurance 
  6.32  professional" means sales agents, agencies, managing general 
  6.33  agents, brokers, producers, claims representatives, adjusters, 
  6.34  and third-party administrators. 
  6.35     Sec. 7.  Minnesota Statutes 2000, section 60A.951, is 
  6.36  amended by adding a subdivision to read: 
  7.1      Subd. 4c.  [INSURANCE TRANSACTION.] "Insurance transaction" 
  7.2   means a transaction by, between, or among: 
  7.3      (1) an insurer or a person who acts on behalf of an 
  7.4   insurer; and 
  7.5      (2) an insured, claimant, applicant for insurance, public 
  7.6   adjuster, insurance professional, practitioner who performs 
  7.7   professional services as defined by section 319B.02, subdivision 
  7.8   19, attorney, or any person who acts on behalf of any of the 
  7.9   foregoing for the purpose of obtaining insurance or reinsurance, 
  7.10  calculating insurance premiums, submitting a claim, negotiating 
  7.11  or adjusting a claim, or otherwise obtaining insurance, 
  7.12  self-insurance, or reinsurance, or obtaining the benefits or 
  7.13  annuities thereof or therefrom. 
  7.14     Sec. 8.  Minnesota Statutes 2000, section 60A.951, is 
  7.15  amended by adding a subdivision to read: 
  7.16     Subd. 5a.  [PERSON.] "Person" means a natural person, 
  7.17  company, corporation, unincorporated association, partnership, 
  7.18  professional corporation, and any other entity. 
  7.19     Sec. 9.  Minnesota Statutes 2000, section 60A.951, is 
  7.20  amended by adding a subdivision to read: 
  7.21     Subd. 5b.  [PREMIUM.] "Premium" means consideration paid or 
  7.22  payable for coverage under an insurance policy.  Premium 
  7.23  includes any payment, whether due within the insurance policy 
  7.24  term or otherwise; any deductible payment, whether advanced by 
  7.25  the insurer or insurance professional and subject to 
  7.26  reimbursement by the insured or otherwise; any self-insured 
  7.27  retention or payment, whether advanced by the insurer or 
  7.28  insurance professional and subject to reimbursement by the 
  7.29  insured or otherwise; and any collateral or security to be 
  7.30  provided to collateralize any such obligations to pay. 
  7.31     Sec. 10.  Minnesota Statutes 2000, section 60A.952, 
  7.32  subdivision 1, is amended to read: 
  7.33     Subdivision 1.  [REQUEST.] After receiving a written 
  7.34  request from an authorized person stating that the authorized 
  7.35  person has reason to believe that a crime or civil fraud has 
  7.36  been committed in connection with an insurance claim, insurance 
  8.1   transaction, payment, or application, an insurer must release to 
  8.2   the authorized person all relevant information in the insurer's 
  8.3   possession.  
  8.4      Sec. 11.  Minnesota Statutes 2000, section 60A.952, 
  8.5   subdivision 2, is amended to read: 
  8.6      Subd. 2.  [NOTIFICATION BY INSURER REQUIRED NOTICE TO AND 
  8.7   COOPERATION WITH THE DIVISION OF INSURANCE FRAUD PREVENTION.] If 
  8.8   an insurer has reason to believe that an insurance fraud has 
  8.9   been committed, the insurer shall, in writing, notify an 
  8.10  authorized person and provide the authorized person with all 
  8.11  relevant information in the insurer's possession.  It is 
  8.12  sufficient for the purpose of this subdivision if an insurer 
  8.13  notifies and provides relevant information to one authorized 
  8.14  person.  The insurer may also release relevant information to 
  8.15  any person authorized to receive the information under section 
  8.16  72A.502, subdivision 2.  Any insurer or insurance professional 
  8.17  that has reasonable belief that an act of insurance fraud will 
  8.18  be, is being, or has been committed, shall furnish and disclose 
  8.19  all relevant information to the division of insurance fraud 
  8.20  prevention or to any authorized person and cooperate fully with 
  8.21  any investigation conducted by the division of insurance fraud 
  8.22  prevention.  Any person that has a reasonable belief than an act 
  8.23  of insurance fraud will be, is being, or has been committed, or 
  8.24  any person who collects, reviews, or analyzes information 
  8.25  concerning insurance fraud may furnish and disclose any 
  8.26  information in its possession concerning the act to the division 
  8.27  of insurance fraud prevention, any authorized person, or to an 
  8.28  authorized representative of an insurer that requests the 
  8.29  information for the purpose of detecting, prosecuting, or 
  8.30  preventing insurance fraud.  The insurer may also release 
  8.31  relevant information to any person authorized to receive the 
  8.32  information under section 72A.502, subdivision 2.  If disclosure 
  8.33  is made to an authorized person other than the division of 
  8.34  insurance fraud prevention, a copy of the disclosure must be 
  8.35  sent to the division of insurance fraud prevention. 
  8.36     Sec. 12.  Minnesota Statutes 2000, section 60A.952, is 
  9.1   amended by adding a subdivision to read: 
  9.2      Subd. 4.  [TOLLING OF TIME PERIODS.] If an insurer has a 
  9.3   reasonable or probable cause to believe that an insurance fraud 
  9.4   has been committed in connection with an insurance claim, and 
  9.5   has properly notified the division of insurance fraud prevention 
  9.6   of its suspicions according to subdivision 2, the notification 
  9.7   tolls any applicable time period in any unfair claims practices 
  9.8   statute or related regulations, or any action on the claim 
  9.9   against the insurer to whom the claim had been presented for bad 
  9.10  faith, until 30 days after determination by the division of 
  9.11  insurance fraud prevention and notice to the insurer that the 
  9.12  division will not recommend action on the claim. 
  9.13     Sec. 13.  Minnesota Statutes 2000, section 60A.952, is 
  9.14  amended by adding a subdivision to read: 
  9.15     Subd. 5.  [REWARD FOR INFORMATION.] The division of 
  9.16  insurance fraud prevention, in cooperation with authorized 
  9.17  insurers and insurance professionals, may establish a voluntary 
  9.18  fund to reward persons not connected with the insurance industry 
  9.19  who provide information or furnish evidence leading to the 
  9.20  arrest and conviction of persons responsible for insurance fraud.
  9.21     Sec. 14.  Minnesota Statutes 2000, section 60A.953, is 
  9.22  amended to read: 
  9.23     60A.953 [ENFORCEMENT; REFUSAL TO COOPERATE WITH AN 
  9.24  INVESTIGATION.] 
  9.25     The intentional failure to provide relevant information as 
  9.26  required by section 60A.952, subdivision 1, or to provide 
  9.27  notification of insurance fraud as required by section 60A.952, 
  9.28  subdivision 2, is punishable as a misdemeanor.  It is unlawful 
  9.29  for any person to knowingly or intentionally interfere with the 
  9.30  enforcement of the provisions of sections 60A.951 to 60A.956 or 
  9.31  investigation of suspected or actual violations of sections 
  9.32  60A.951 to 60A.956 and is punishable as a misdemeanor. 
  9.33     Sec. 15.  [60A.956] [OTHER LAW ENFORCEMENT AUTHORITY.] 
  9.34     Nothing in sections 60A.951 to 60A.956 preempts the 
  9.35  authority of or relieve the duty of any other law enforcement 
  9.36  agencies to investigate and prosecute alleged violations of law, 
 10.1   prevent or prohibit a person from voluntarily disclosing any 
 10.2   information concerning insurance fraud to any law enforcement 
 10.3   agency other than the division of insurance fraud prevention, or 
 10.4   limit any of the powers granted elsewhere by the laws of this 
 10.5   state to the commissioner of commerce to investigate alleged 
 10.6   violations of law and to take appropriate action. 
 10.7      Sec. 16.  Minnesota Statutes 2000, section 168A.40, 
 10.8   subdivision 3, is amended to read: 
 10.9      Subd. 3.  [SURCHARGE.] Each insurer engaged in the writing 
 10.10  of policies of automobile insurance shall collect a surcharge, 
 10.11  at the rate of 50 cents per vehicle for every six months of 
 10.12  coverage, on each policy of automobile insurance providing 
 10.13  comprehensive insurance coverage issued or renewed in this 
 10.14  state.  The surcharge may not be considered premium for any 
 10.15  purpose, including the computation of premium tax or agents' 
 10.16  commissions.  The amount of the surcharge must be separately 
 10.17  stated on either a billing or policy declaration sent to an 
 10.18  insured.  Insurers shall remit the revenue derived from this 
 10.19  surcharge at least quarterly to the commissioner of public 
 10.20  safety for purposes of the automobile theft prevention program 
 10.21  described in section 299A.75 45.0136.  For purposes of this 
 10.22  subdivision, "policy of automobile insurance" has the meaning 
 10.23  given it in section 65B.14, covering only the following types of 
 10.24  vehicles as defined in section 168.011: 
 10.25     (1) a passenger automobile; 
 10.26     (2) a pick-up truck; 
 10.27     (3) a van but not commuter vans as defined in section 
 10.28  168.126; or 
 10.29     (4) a motorcycle, 
 10.30  except that no vehicle with a gross vehicle weight in excess of 
 10.31  10,000 pounds is included within this definition. 
 10.32     Sec. 17.  Minnesota Statutes 2000, section 168A.40, 
 10.33  subdivision 4, is amended to read: 
 10.34     Subd. 4.  [AUTOMOBILE THEFT PREVENTION ACCOUNT.] A special 
 10.35  revenue account is created in the state treasury to be credited 
 10.36  with the proceeds of the surcharge imposed under subdivision 3.  
 11.1   Revenue in the account may be used only for the automobile theft 
 11.2   prevention program described in section 299A.75 45.0136. 
 11.3      Sec. 18.  [TRANSFER OF POWERS.] 
 11.4      Subdivision 1.  [FRAUD INVESTIGATION UNIT.] The powers and 
 11.5   duties of the department of labor and industry under Minnesota 
 11.6   Statutes, section 175.16, subdivision 2, are transferred to the 
 11.7   division of insurance fraud prevention of the department of 
 11.8   commerce.  The provisions of Minnesota Statutes, section 15.039, 
 11.9   apply to this transfer of powers. 
 11.10     Subd. 2.  [AUTOMOBILE THEFT PREVENTION PROGRAM.] The powers 
 11.11  and duties of the commissioner of public safety under Minnesota 
 11.12  Statutes, section 299A.75, are transferred to the division of 
 11.13  insurance fraud prevention of the department of commerce.  The 
 11.14  provisions of Minnesota Statutes, section 15.039, apply to this 
 11.15  transfer of powers. 
 11.16     Sec. 19.  [REPEALER.] 
 11.17     Minnesota Statutes 2000, section 175.16, subdivision 2; and 
 11.18  Minnesota Statutes 2001 Supplement, section 299A.75, are 
 11.19  repealed.