| 1 | 1 | | 1.1 A bill for an act |
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| 2 | 2 | | 1.2 relating to transportation; increasing fines for failure to provide vehicle insurance; |
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| 3 | 3 | | 1.3 amending Minnesota Statutes 2024, section 169.797, subdivision 4. |
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| 4 | 4 | | 1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
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| 5 | 5 | | 1.5 Section 1. Minnesota Statutes 2024, section 169.797, subdivision 4, is amended to read: |
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| 6 | 6 | | 1.6 Subd. 4.Penalty.(a) A person who violates this section is guilty of a misdemeanor. A |
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| 7 | 7 | | 1.7person is guilty of a gross misdemeanor who violates this section within ten years of the |
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| 8 | 8 | | 1.8first of two prior convictions under this section, section 169.791, or a statute or ordinance |
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| 9 | 9 | | 1.9in conformity with one of those sections. The operator of a vehicle who violates subdivision |
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| 10 | 10 | | 1.103 and who causes or contributes to causing a vehicle accident that results in the death of |
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| 11 | 11 | | 1.11any person or in substantial bodily harm to any person, as defined in section 609.02, |
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| 12 | 12 | | 1.12subdivision 7a, is guilty of a gross misdemeanor. The same prosecuting authority who is |
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| 13 | 13 | | 1.13responsible for prosecuting misdemeanor violations of this section is responsible for |
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| 14 | 14 | | 1.14prosecuting gross misdemeanor violations of this section. In addition to any sentence of |
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| 15 | 15 | | 1.15imprisonment that the court may impose on a person convicted of violating this section, the |
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| 16 | 16 | | 1.16court shall impose a fine of: (1) not less than $200 nor more than the maximum amount |
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| 17 | 17 | | 1.17authorized by law $300; (2) not less than $550 for a violation occurring within ten years of |
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| 18 | 18 | | 1.18a prior violation; and (3) not less than $850 for a violation occurring within ten years of |
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| 19 | 19 | | 1.19two or more prior violations. The court may allow community service in lieu of any fine |
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| 20 | 20 | | 1.20imposed for a first-time violation if the defendant is indigent. |
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| 21 | 21 | | 1.21 (b) A driver who is the owner of the vehicle may, no later than the date and time specified |
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| 22 | 22 | | 1.22in the citation for the driver's first court appearance, produce proof of insurance stating that |
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| 23 | 23 | | 1.23security had been provided for the vehicle that was being operated at the time of demand |
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| 24 | 24 | | 1Section 1. |
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| 25 | 25 | | REVISOR KRB/AC 25-0211101/10/25 |
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| 26 | 26 | | State of Minnesota |
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| 27 | 27 | | This Document can be made available |
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| 28 | 28 | | in alternative formats upon request |
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| 29 | 29 | | HOUSE OF REPRESENTATIVES |
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| 30 | 30 | | H. F. No. 3106 |
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| 31 | 31 | | NINETY-FOURTH SESSION |
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| 32 | 32 | | Authored by Allen, Murphy and Koznick04/03/2025 |
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| 33 | 33 | | The bill was read for the first time and referred to the Committee on Transportation Finance and Policy 2.1to the court administrator. The required proof of insurance may be sent by mail by the driver |
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| 34 | 34 | | 2.2as long as it is received no later than the date and time specified in the citation for the driver's |
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| 35 | 35 | | 2.3first court appearance. If a citation is issued, no person shall be convicted of violating this |
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| 36 | 36 | | 2.4section if the court administrator receives the required proof of insurance no later than the |
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| 37 | 37 | | 2.5date and time specified in the citation for the driver's first court appearance. If the charge |
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| 38 | 38 | | 2.6is made other than by citation, no person shall be convicted of violating this section if the |
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| 39 | 39 | | 2.7person presents the required proof of insurance at the person's first court appearance after |
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| 40 | 40 | | 2.8the charge is made. |
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| 41 | 41 | | 2.9 (c) If the driver is not the owner of the vehicle, the driver shall, no later than the date |
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| 42 | 42 | | 2.10and time specified in the citation for the driver's first court appearance, provide the district |
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| 43 | 43 | | 2.11court administrator with proof of insurance or the name and address of the owner. Upon |
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| 44 | 44 | | 2.12receipt of the name and address of the owner, the district court administrator shall |
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| 45 | 45 | | 2.13communicate the information to the law enforcement agency. |
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| 46 | 46 | | 2.14 (d) If the driver is not the owner of the vehicle, the officer may send or provide a notice |
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| 47 | 47 | | 2.15to the owner of the vehicle requiring the owner to produce proof of insurance for the vehicle |
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| 48 | 48 | | 2.16that was being operated at the time of the demand. Notice by mail is presumed to be received |
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| 49 | 49 | | 2.17five days after mailing and shall be sent to the owner's current address or the address listed |
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| 50 | 50 | | 2.18on the owner's driver's license. Within ten days after receipt of the notice, the owner shall |
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| 51 | 51 | | 2.19produce the required proof of insurance to the place stated in the notice received by the |
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| 52 | 52 | | 2.20owner. The required proof of insurance may be sent by mail by the owner as long as it is |
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| 53 | 53 | | 2.21received within ten days. Any owner who fails to produce proof of insurance within ten |
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| 54 | 54 | | 2.22days of an officer's request under this subdivision is guilty of a misdemeanor. The peace |
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| 55 | 55 | | 2.23officer may mail the citation to the owner's current address or address stated on the owner's |
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| 56 | 56 | | 2.24driver's license. It is an affirmative defense to a charge against the owner that the driver |
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| 57 | 57 | | 2.25used the owner's vehicle without consent, if insurance would not have been required in the |
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| 58 | 58 | | 2.26absence of the unauthorized use by the driver. It is not a defense that a person failed to |
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| 59 | 59 | | 2.27notify the Department of Public Safety of a change of name or address as required under |
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| 60 | 60 | | 2.28section 171.11. The citation may be sent after the ten-day period. |
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| 61 | 61 | | 2.29 (e) The court may impose consecutive sentences for offenses arising out of a single |
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| 62 | 62 | | 2.30course of conduct as permitted in section 609.035, subdivision 2. |
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| 63 | 63 | | 2.31 (f) In addition to the criminal penalty, the driver's license of an operator convicted under |
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| 64 | 64 | | 2.32this section shall be revoked for not more than 12 months. If the operator is also an owner |
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| 65 | 65 | | 2.33of the vehicle, the registration of the vehicle shall also be revoked for not more than 12 |
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| 66 | 66 | | 2.34months. Before reinstatement of a driver's license or registration, the operator shall file with |
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| 67 | 67 | | 2.35the commissioner of public safety the written certificate of an insurance carrier authorized |
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| 68 | 68 | | 2Section 1. |
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| 69 | 69 | | REVISOR KRB/AC 25-0211101/10/25 3.1to do business in this state stating that security has been provided by the operator as required |
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| 70 | 70 | | 3.2by section 65B.48. |
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| 71 | 71 | | 3.3 (g) The commissioner shall include a notice of the penalties contained in this section on |
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| 72 | 72 | | 3.4all forms for registration of vehicles required to maintain a plan of reparation security. |
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| 73 | 73 | | 3.5 EFFECTIVE DATE.This section is effective August 1, 2025, and applies to violations |
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| 74 | 74 | | 3.6occurring on or after that date. |
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| 75 | 75 | | 3Section 1. |
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| 76 | 76 | | REVISOR KRB/AC 25-0211101/10/25 |
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