| 1 | 1 | | 1.1 A bill for an act |
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| 2 | 2 | | 1.2 relating to motor vehicles; modifying accident report requirements; authorizing |
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| 3 | 3 | | 1.3 local law enforcement to provide certain data to contracted service providers for |
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| 4 | 4 | | 1.4 purposes of accident reporting; amending Minnesota Statutes 2024, sections |
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| 5 | 5 | | 1.5 169.011, by adding a subdivision; 169.09, subdivisions 8, 13. |
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| 6 | 6 | | 1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
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| 7 | 7 | | 1.7 Section 1. Minnesota Statutes 2024, section 169.011, is amended by adding a subdivision |
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| 8 | 8 | | 1.8to read: |
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| 9 | 9 | | 1.9 Subd. 18a.Contracted service provider."Contracted service provider" means a |
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| 10 | 10 | | 1.10contracted entity authorized by a governmental agency to provide services that support or |
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| 11 | 11 | | 1.11enable the permissible generation, collection, management, and dissemination of crash |
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| 12 | 12 | | 1.12reports or data under the requirements of this chapter. |
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| 13 | 13 | | 1.13 EFFECTIVE DATE.This section is effective July 1, 2025. |
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| 14 | 14 | | 1.14 Sec. 2. Minnesota Statutes 2024, section 169.09, subdivision 8, is amended to read: |
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| 15 | 15 | | 1.15 Subd. 8.Officer to report accident to commissioner.(a) A peace officer who |
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| 16 | 16 | | 1.16investigates in the regular course of duty an accident that is required to be reported under |
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| 17 | 17 | | 1.17this section must submit an electronic or written report of the accident to the commissioner |
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| 18 | 18 | | 1.18of public safety within ten days after the date of the accident and may retain a local copy. |
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| 19 | 19 | | 1.19Within two business days after identification of a fatality that resulted from an accident, the |
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| 20 | 20 | | 1.20reporting agency must notify the commissioner of the basic circumstances of the accident. |
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| 21 | 21 | | 1.21A report or notification under this subdivision must be in the format as prescribed in |
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| 22 | 22 | | 1.22subdivision 9. |
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| 23 | 23 | | 1Sec. 2. |
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| 24 | 24 | | REVISOR KRB/ES 25-0457303/04/25 |
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| 25 | 25 | | State of Minnesota |
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| 26 | 26 | | This Document can be made available |
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| 27 | 27 | | in alternative formats upon request |
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| 28 | 28 | | HOUSE OF REPRESENTATIVES |
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| 29 | 29 | | H. F. No. 2382 |
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| 30 | 30 | | NINETY-FOURTH SESSION |
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| 31 | 31 | | Authored by Engen and Koegel03/17/2025 |
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| 32 | 32 | | The bill was read for the first time and referred to the Committee on Transportation Finance and Policy 2.1 (b) Accidents on streets, highways, roadways, sidewalks, shoulders, shared use paths, |
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| 33 | 33 | | 2.2or any other portion of a public right-of-way must be reported under the requirements of |
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| 34 | 34 | | 2.3this section if the accident results in: |
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| 35 | 35 | | 2.4 (1) a fatality; |
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| 36 | 36 | | 2.5 (2) bodily injury to a person who, because of the injury, immediately receives medical |
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| 37 | 37 | | 2.6treatment away from or at the scene of the accident; |
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| 38 | 38 | | 2.7 (3) one or more of the motor vehicles incurring disabling damage that requires a vehicle |
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| 39 | 39 | | 2.8to be transported away from the scene of the accident by tow truck or other vehicle; or |
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| 40 | 40 | | 2.9 (4) damage to fixtures, infrastructure, or any other property alongside or on a highway. |
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| 41 | 41 | | 2.10 (c) An accident involving a school bus, as defined in section 169.011, subdivision 71, |
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| 42 | 42 | | 2.11must be reported under the requirements of this section and section 169.4511. |
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| 43 | 43 | | 2.12 (d) An accident involving a commercial motor vehicle, as defined in section 169.781, |
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| 44 | 44 | | 2.13subdivision 1, paragraph (a), must be reported under the requirements of this section and |
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| 45 | 45 | | 2.14section 169.783. |
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| 46 | 46 | | 2.15 (e) Accidents occurring on public lands or trail systems that result in the circumstances |
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| 47 | 47 | | 2.16specified in paragraph (b) must be reported under the requirements of this section. |
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| 48 | 48 | | 2.17 EFFECTIVE DATE.This section is effective July 1, 2025, for reports submitted on |
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| 49 | 49 | | 2.18or after that date. |
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| 50 | 50 | | 2.19 Sec. 3. Minnesota Statutes 2024, section 169.09, subdivision 13, is amended to read: |
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| 51 | 51 | | 2.20 Subd. 13.Reports confidential; evidence, fee, penalty, appropriation.(a) All reports |
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| 52 | 52 | | 2.21and supplemental information required under this section must be for the use of the |
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| 53 | 53 | | 2.22commissioner of public safety and other appropriate state, federal, county, and municipal |
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| 54 | 54 | | 2.23governmental agencies for accident analysis or law enforcement investigatory purposes, |
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| 55 | 55 | | 2.24except: |
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| 56 | 56 | | 2.25 (1) upon written request, the commissioner of public safety, a full-service provider as |
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| 57 | 57 | | 2.26defined in section 171.01, subdivision 33a, or any law enforcement agency or a law |
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| 58 | 58 | | 2.27enforcement agency's contracted service provider must disclose the report required under |
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| 59 | 59 | | 2.28subdivision 8 to: |
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| 60 | 60 | | 2.29 (i) any individual involved in the accident, the representative of the individual's estate, |
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| 61 | 61 | | 2.30or the surviving spouse, or one or more surviving next of kin, or a trustee appointed under |
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| 62 | 62 | | 2.31section 573.02; |
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| 63 | 63 | | 2Sec. 3. |
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| 64 | 64 | | REVISOR KRB/ES 25-0457303/04/25 3.1 (ii) any other person injured in person, property, or means of support, or who incurs |
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| 65 | 65 | | 3.2other pecuniary loss by virtue of the accident; |
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| 66 | 66 | | 3.3 (iii) legal counsel of a person described in item (i) or (ii); |
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| 67 | 67 | | 3.4 (iv) a representative of the insurer of any person described in item (i) or (ii); or |
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| 68 | 68 | | 3.5 (v) a city or county attorney or an attorney representing the state in an implied consent |
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| 69 | 69 | | 3.6action who is charged with the prosecution of a traffic or criminal offense that is the result |
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| 70 | 70 | | 3.7of a traffic crash investigation conducted by law enforcement; |
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| 71 | 71 | | 3.8 (2) the commissioner of public safety may verify with insurance companies vehicle |
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| 72 | 72 | | 3.9insurance information to enforce sections 65B.48, 169.792, 169.793, 169.796, and 169.797; |
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| 73 | 73 | | 3.10 (3) the commissioner of public safety must provide the commissioner of transportation |
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| 74 | 74 | | 3.11the information obtained for each traffic accident involving a commercial motor vehicle, |
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| 75 | 75 | | 3.12for purposes of administering commercial vehicle safety regulations; |
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| 76 | 76 | | 3.13 (4) upon specific request, the commissioner of public safety must provide the |
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| 77 | 77 | | 3.14commissioner of transportation the information obtained regarding each traffic accident |
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| 78 | 78 | | 3.15involving damage to identified state-owned infrastructure, for purposes of debt collection |
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| 79 | 79 | | 3.16under section 161.20, subdivision 4; and |
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| 80 | 80 | | 3.17 (5) the commissioner of public safety may give to the United States Department of |
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| 81 | 81 | | 3.18Transportation commercial vehicle accident information in connection with federal grant |
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| 82 | 82 | | 3.19programs relating to safety. |
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| 83 | 83 | | 3.20 (b) Accident reports and data contained in the reports are not discoverable under any |
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| 84 | 84 | | 3.21provision of law or rule of court. A report must not be used as evidence in any trial, civil |
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| 85 | 85 | | 3.22or criminal, or any action for damages or criminal proceedings arising out of an accident. |
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| 86 | 86 | | 3.23However, the commissioner of public safety must furnish, upon the demand of any person |
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| 87 | 87 | | 3.24who has or claims to have made a report or upon demand of any court, a certificate showing |
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| 88 | 88 | | 3.25that a specified accident report has or has not been made to the commissioner solely to prove |
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| 89 | 89 | | 3.26compliance or failure to comply with the requirements that the report be made to the |
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| 90 | 90 | | 3.27commissioner. |
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| 91 | 91 | | 3.28 (c) Nothing in this subdivision prevents any individual who has made a report under |
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| 92 | 92 | | 3.29this section from providing information to any individuals involved in an accident or their |
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| 93 | 93 | | 3.30representatives or from testifying in any trial, civil or criminal, arising out of an accident, |
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| 94 | 94 | | 3.31as to facts within the individual's knowledge. It is intended by this subdivision to render |
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| 95 | 95 | | 3.32privileged the reports required, but it is not intended to prohibit proof of the facts to which |
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| 96 | 96 | | 3.33the reports relate. |
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| 97 | 97 | | 3Sec. 3. |
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| 98 | 98 | | REVISOR KRB/ES 25-0457303/04/25 4.1 (d) Disclosing any information contained in any accident report, except as provided in |
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| 99 | 99 | | 4.2this subdivision, section 13.82, subdivision 3 or 6, or other statutes, is a misdemeanor. |
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| 100 | 100 | | 4.3 (e) The commissioner of public safety or full-service provider as defined in section |
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| 101 | 101 | | 4.4171.01, subdivision 33a, must charge authorized persons as described in paragraph (a) a $5 |
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| 102 | 102 | | 4.5fee for a copy of an accident report. Of the $5 fee collected by the commissioner under this |
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| 103 | 103 | | 4.6paragraph, 90 percent must be deposited in the driver and vehicle services operating account |
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| 104 | 104 | | 4.7under section 299A.705 and ten percent must be deposited in the general fund. Of the $5 |
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| 105 | 105 | | 4.8fee collected by a full-service provider, the provider must transmit 50 cents to the |
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| 106 | 106 | | 4.9commissioner for deposit in the general fund, and the provider must retain the remainder. |
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| 107 | 107 | | 4.10The commissioner may also furnish an electronic copy of the database of accident records, |
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| 108 | 108 | | 4.11which must not contain personal or private data on an individual, to private agencies as |
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| 109 | 109 | | 4.12provided in paragraph (g), for not less than the cost of preparing the copies on a bulk basis |
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| 110 | 110 | | 4.13as provided in section 13.03, subdivision 3. |
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| 111 | 111 | | 4.14 (f) The fees specified in paragraph (e) notwithstanding, the commissioner and law |
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| 112 | 112 | | 4.15enforcement agencies must charge commercial users who request access to response or |
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| 113 | 113 | | 4.16incident data relating to accidents a fee not to exceed 50 cents per record. "Commercial |
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| 114 | 114 | | 4.17user" is a user who in one location requests access to data in more than five accident reports |
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| 115 | 115 | | 4.18per month, unless the user establishes that access is not for a commercial purpose. Of the |
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| 116 | 116 | | 4.19money collected by the commissioner under this paragraph, 90 percent must be deposited |
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| 117 | 117 | | 4.20in the driver and vehicle services operating account under section 299A.705 and ten percent |
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| 118 | 118 | | 4.21must be deposited in the general fund. |
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| 119 | 119 | | 4.22 (g) The fees in paragraphs (e) and (f) notwithstanding, the commissioner must provide |
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| 120 | 120 | | 4.23an electronic copy of the accident records database to the public on a case-by-case basis |
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| 121 | 121 | | 4.24using the cost-recovery charges provided for under section 13.03, subdivision 3. The database |
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| 122 | 122 | | 4.25provided must not contain personal or private data on an individual. However, unless the |
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| 123 | 123 | | 4.26accident records database includes the vehicle identification number, the commissioner |
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| 124 | 124 | | 4.27must include the vehicle registration plate number if a private agency certifies and agrees |
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| 125 | 125 | | 4.28that the agency: |
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| 126 | 126 | | 4.29 (1) is in the business of collecting accident and damage information on vehicles; |
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| 127 | 127 | | 4.30 (2) will use the vehicle registration plate number only for identifying vehicles that have |
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| 128 | 128 | | 4.31been involved in accidents or damaged, to provide this information to persons seeking access |
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| 129 | 129 | | 4.32to a vehicle's history and not for identifying individuals or for any other purpose; and |
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| 130 | 130 | | 4.33 (3) will be subject to the penalties and remedies under sections 13.08 and 13.09. |
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| 131 | 131 | | 4Sec. 3. |
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| 132 | 132 | | REVISOR KRB/ES 25-0457303/04/25 5.1 (h) A reporting agency that retains reports locally under subdivision 8 may provide |
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| 133 | 133 | | 5.2nonpersonal data contained in an accident report to a contracted service provider subject to |
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| 134 | 134 | | 5.3the limitations of paragraph (g), clauses (1) to (3). |
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| 135 | 135 | | 5.4 EFFECTIVE DATE.This section is effective July 1, 2025, for reports submitted on |
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| 136 | 136 | | 5.5or after that date. |
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| 137 | 137 | | 5Sec. 3. |
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| 138 | 138 | | REVISOR KRB/ES 25-0457303/04/25 |
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