Minnesota 2025-2026 Regular Session

Minnesota Senate Bill SF2455 Compare Versions

Only one version of the bill is available at this time.
OldNewDifferences
11 1.1 A bill for an act​
22 1.2 relating to commerce; requiring the commissioner of commerce to create a low-cost​
33 1.3 motor vehicle insurance program for low-income residents; requiring a report;​
44 1.4 appropriating money; amending Minnesota Statutes 2024, section 65B.49, by​
55 1.5 adding a subdivision; proposing coding for new law in Minnesota Statutes, chapters​
66 1.6 65B; 297I.​
77 1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:​
88 1.8 Section 1. [65B.121] MINNESOTA LIFELINE INSURANCE PROGRAM.​
99 1.9 Subdivision 1.Definitions.(a) For the purposes of this section, the following terms have​
1010 1.10the meanings given.​
1111 1.11 (b) "Commissioner" means the commissioner of commerce or the commissioner's​
1212 1.12representative.​
1313 1.13 (c) "Eligible applicant" means an individual who meets the requirements of subdivision​
1414 1.146 and has applied for a lifeline policy under the program.​
1515 1.15 (d) "Facility" has the meaning given in section 65B.02, subdivision 3.​
1616 1.16 (e) "Insured" means a driver insured under the program.​
1717 1.17 (f) "Lifeline policy" or "policy" means a motor vehicle insurance policy issued in​
1818 1.18compliance with subdivision 5.​
1919 1.19 (g) "Member" has the meaning given in section 65B.02, subdivision 4.​
2020 1.20 (h) "Minnesota lifeline insurance program" or "program" means the program created​
2121 1.21under this section.​
2222 1.22 (i) "Motor vehicle" has the meaning given in section 169.011, subdivision 42.​
2323 1​Section 1.​
2424 25-03199 as introduced​02/21/25 REVISOR RSI/KR​
2525 SENATE​
2626 STATE OF MINNESOTA​
2727 S.F. No. 2455​NINETY-FOURTH SESSION​
2828 (SENATE AUTHORS: PUTNAM, McEwen and Dibble)​
2929 OFFICIAL STATUS​D-PG​DATE​
3030 Introduction and first reading​03/13/2025​
3131 Referred to Commerce and Consumer Protection​ 2.1 (j) "Moving violation" means a violation of a law or municipal ordinance regulating the​
3232 2.2operation of motor vehicles on streets or highways. Moving violation does not include a​
3333 2.3law or ordinance related to parking or motor vehicle equipment.​
3434 2.4 (k) "Primary online producer" means the producer of record for a policy sold through​
3535 2.5the website described in subdivision 3, paragraph (g).​
3636 2.6 (l) "Qualified health coverage" means medical assistance, MinnesotaCare, Medicare,​
3737 2.7general assistance medical care, TRICARE, or other medical insurance that covers​
3838 2.8hospitalization and emergency services.​
3939 2.9 Subd. 2.Commissioner duties.(a) The commissioner must consult with the facility to​
4040 2.10develop and operate the program. The program must be developed and operated by the​
4141 2.11facility as described in subdivision 3.​
4242 2.12 (b) By March 1 of each year, the commissioner must present the report issued by the​
4343 2.13facility under subdivision 3 to the chairs and ranking minority members of the legislative​
4444 2.14committees with jurisdiction over motor vehicle insurance. The commissioner must also​
4545 2.15provide a description of marketing and outreach efforts and the commissioner's expenditures​
4646 2.16related to the program, including expenditures from the Minnesota lifeline insurance program​
4747 2.17account under section 297I.12. The commissioner may recommend modifications to this​
4848 2.18section and present any other information that the commissioner determines would enhance​
4949 2.19the legislature's understanding of the program and the program's participants.​
5050 2.20 Subd. 3.Facility duties.(a) The facility must:​
5151 2.21 (1) develop and operate the program in consultation with the commissioner;​
5252 2.22 (2) determine whether an applicant is eligible for the program; and​
5353 2.23 (3) sell, issue, and deliver lifeline policies under the program.​
5454 2.24 (b) The facility must determine the rates charged for lifeline policies and file rates with​
5555 2.25the commissioner, in compliance with section 65B.08. Prior to determining the rates, the​
5656 2.26facility must conduct a meeting to provide an opportunity for public comment on the proposed​
5757 2.27rates and the rate setting process.​
5858 2.28 (c) The facility must set rates for the program in an amount adequate to pay for losses​
5959 2.29incurred for claims filed under the program and program expenses related to selling and​
6060 2.30servicing policies, including:​
6161 2.31 (1) underwriting;​
6262 2.32 (2) producer commissions;​
6363 2​Section 1.​
6464 25-03199 as introduced​02/21/25 REVISOR RSI/KR​ 3.1 (3) claims adjusting;​
6565 3.2 (4) subrogation;​
6666 3.3 (5) taxes, licenses, and fees; and​
6767 3.4 (6) other administrative and overhead expenses specifically associated with the servicing​
6868 3.5of lifeline policies.​
6969 3.6The rates must also account for investment income.​
7070 3.7 (d) To determine rates, the facility must rely on:​
7171 3.8 (1) loss data associated with policies sold by the facility under the lifeline program,​
7272 3.9when program loss data is available; and​
7373 3.10 (2) private passenger automobile insurance loss data in Minnesota, adjusted to reflect​
7474 3.11the eligibility factors described in subdivision 6. Private passenger automobile insurance​
7575 3.12loss data must be used only to the extent that program data are not available or in conjunction​
7676 3.13with program data in order to meet actuarial standards of credibility.​
7777 3.14 (e) The rates may include the cost to offer, at no additional cost to insureds, a deferred​
7878 3.15payment plan designed by the facility that allows an insured to pay the insured's premium​
7979 3.16in no fewer than six installments.​
8080 3.17 (f) The facility, in consultation with the commissioner, may establish up to three​
8181 3.18geographic regions of the state and set different premiums by region to reflect different loss​
8282 3.19costs associated with each region, except that the premium charged in a region must not be​
8383 3.20more than 25 percent higher than an otherwise similar policy in another region of the state.​
8484 3.21 (g) The facility, in consultation with the commissioner, must create and maintain a​
8585 3.22website for the program that includes the information necessary for an eligible applicant to​
8686 3.23apply for the program. The website must initially include sufficient functionality to provide​
8787 3.24prospective applicants with information about the program, the lifeline policy, the premium​
8888 3.25the applicant would be charged, and contact information for licensed producers that sell the​
8989 3.26lifeline policy. The website must add functionality necessary to allow a policy to be sold​
9090 3.27online, to the extent possible, in accordance with the following timeline:​
9191 3.28 (1) within one year of enactment of the program, the facility must solicit bids and award​
9292 3.29a contract to a producer licensed to sell insurance in the state, including a policy under this​
9393 3.30section, to become the primary online producer; and​
9494 3.31 (2) the facility must work with the primary online producer to increase the functionality​
9595 3.32of the website in order to allow a prospective lifeline policyholder to apply online no later​
9696 3​Section 1.​
9797 25-03199 as introduced​02/21/25 REVISOR RSI/KR​ 4.1than one year after the effective date of the facility's contract with the primary online​
9898 4.2producer.​
9999 4.3 (h) The primary online producer must earn a commission associated with a policy​
100100 4.4produced online and has the same responsibilities to the policyholder as a producer that​
101101 4.5sells a policy without the assistance of the website.​
102102 4.6 (i) The facility may accept funding from sources other than members to support the​
103103 4.7program's marketing, outreach, and public education efforts.​
104104 4.8 (j) Money for marketing, outreach, and public education must be awarded equitably​
105105 4.9among geographic regions, taking into consideration a region's target population and​
106106 4.10marketing goals.​
107107 4.11 (k) The facility must develop a process for applicants to demonstrate program eligibility​
108108 4.12under subdivision 6 that minimizes the burden on the applicant and barriers to participation​
109109 4.13in the program.​
110110 4.14 (l) The facility may require policy holders to recertify eligibility for the program with​
111111 4.15regard to residency, income, and qualified health coverage at intervals no shorter than three​
112112 4.16years.​
113113 4.17 (m) By February 1 of each year, the facility must issue a report to the commissioner that​
114114 4.18presents information regarding the implementation and operation of the program and​
115115 4.19participation in the program. The report must include:​
116116 4.20 (1) the total number of applications received by the facility during the prior year;​
117117 4.21 (2) the total number of policies issued by the facility during the prior year;​
118118 4.22 (3) the total number of policies rejected by the facility during the prior year;​
119119 4.23 (4) the total number of policies in force on March 31, June 30, September 30, and​
120120 4.24December 31 of the prior year;​
121121 4.25 (5) information indicating the geographic distribution of policies throughout the state;​
122122 4.26 (6) the total premium collected during the prior year;​
123123 4.27 (7) the estimate of incurred losses for the prior year or the most recent 12-month period​
124124 4.28for which data are available;​
125125 4.29 (8) a summary of the disputed issues regarding a rate change submitted to the​
126126 4.30commissioner by the facility in the event that the rate change was not adopted unanimously​
127127 4.31by the facility's governing committee;​
128128 4​Section 1.​
129129 25-03199 as introduced​02/21/25 REVISOR RSI/KR​ 5.1 (9) any modifications to this section that the facility recommends; and​
130130 5.2 (10) any other information that the facility determines would enhance the legislature's​
131131 5.3understanding of the program and the program's participants.​
132132 5.4 Subd. 4.Producer duties.(a) A licensed producer must provide to an applicant for a​
133133 5.5lifeline policy the following information in no smaller than 14-point type on a form prescribed​
134134 5.6by the commissioner:​
135135 5.7 (1) notice that a lifeline policy under this section satisfies the requirements under section​
136136 5.865B.48 to maintain automobile liability insurance;​
137137 5.9 (2) premium cost;​
138138 5.10 (3) how eligibility is determined; and​
139139 5.11 (4) the difference between the coverage available under a lifeline policy and the minimum​
140140 5.12coverage requirements that apply to policies sold outside of the program and in compliance​
141141 5.13with section 65B.48.​
142142 5.14 (b) A licensed producer is entitled to receive a commission on each lifeline policy sold​
143143 5.15that is equal to 12 percent of the policy premiums, provided that the commission is not less​
144144 5.16than $50. The facility or any insurance company issuing a lifeline policy under this section​
145145 5.17is prohibited from requiring a producer to return any portion of the commission paid for the​
146146 5.18sale of a lifeline policy if the insured, facility, or issuing carrier cancels the policy before​
147147 5.19the end of the policy term.​
148148 5.20 (c) A licensed producer that complies with the disclosure requirements of this subdivision​
149149 5.21in conjunction with the sale of a lifeline policy is not liable for selling a policy that does​
150150 5.22not provide the coverage required in section 65B.49.​
151151 5.23 (d) A licensed producer must accept payment for premiums under the program by cash​
152152 5.24and by all other methods approved by the facility.​
153153 5.25 (e) Payment of premiums for a lifeline policy through an insurance premium finance​
154154 5.26agreement, as defined under section 59A.02, is prohibited.​
155155 5.27 Subd. 5.Lifeline policies.The program must include and the facility must offer a lifeline​
156156 5.28policy, with a length of six or 12 months, that includes:​
157157 5.29 (1) basic economic loss benefits that provide a minimum of $5,000 for income loss,​
158158 5.30replacement services loss, funeral expense loss, survivor's economic loss, and survivor's​
159159 5.31replacement services loss arising out of the injury to any one person;​
160160 5​Section 1.​
161161 25-03199 as introduced​02/21/25 REVISOR RSI/KR​ 6.1 (2) the payment of claims for bodily injury or death arising from an accident of $30,000​
162162 6.2for any one person and $60,000 for any two or more persons, in addition to interest and​
163163 6.3costs;​
164164 6.4 (3) the payment of claims for property of others damaged or destroyed in an accident​
165165 6.5of $10,000, in addition to interest and costs; and​
166166 6.6 (4) uninsured and underinsured motorist coverage with limits of $25,000 because of​
167167 6.7injury to or the death of one person in any accident and $50,000 because of injury to or the​
168168 6.8death of two or more persons in any accident.​
169169 6.9 Subd. 6.Eligible applicant.(a) An eligible applicant must:​
170170 6.10 (1) be a resident of Minnesota;​
171171 6.11 (2) have a household adjusted gross income that is no more than 300 percent of the​
172172 6.12federal poverty level at the time the policy is issued or reissued;​
173173 6.13 (3) demonstrate that all household members are enrolled in qualified health coverage;​
174174 6.14and​
175175 6.15 (4) have been continuously licensed as a driver for the three years immediately preceding​
176176 6.16application, except that a license suspension or revocation does not constitute a break in​
177177 6.17continuous licensure for the purposes of satisfying this requirement if the revocation or​
178178 6.18suspension was due to any of the following:​
179179 6.19 (i) a conviction for a violation under section 169.791, 169.797, or 171.24, subdivision​
180180 6.201 or 2;​
181181 6.21 (ii) a violation of section 171.18, subdivision 1, paragraph (a), clause (1), for being cited​
182182 6.22for a violation of section 169.791 or 169.797;​
183183 6.23 (iii) failure to appear in court under section 171.16, subdivision 3a, for a petty​
184184 6.24misdemeanor; or​
185185 6.25 (iv) failure to pay a fine under section 171.16, subdivision 3.​
186186 6.26 (b) A policy may be issued to an eligible applicant who has had continuous licensure​
187187 6.27for less than three years. The facility, in consultation with the commissioner, may establish​
188188 6.28different premiums for an insured with less than three years' continuous licensure to reflect​
189189 6.29different loss costs associated with insureds with less that three years' continuous licensure,​
190190 6.30except that the premium charged must not be more than 25 percent higher than the premium​
191191 6.31charged to an insured with three years of continuous licensure in the same region of the​
192192 6.32state.​
193193 6​Section 1.​
194194 25-03199 as introduced​02/21/25 REVISOR RSI/KR​ 7.1 (c) An eligible applicant must not, within the three years immediately preceding​
195195 7.2application, be:​
196196 7.3 (1) at fault in a motor vehicle accident involving bodily injury or death;​
197197 7.4 (2) convicted of a misdemeanor, gross misdemeanor, or felony for a violation arising​
198198 7.5out of the use of a motor vehicle other than for a violation of section 171.24, subdivisions​
199199 7.61 or 2; 169.791; or 169.797;​
200200 7.7 (3) convicted of a violation of section 84.765; 84.795, subdivision 5; 86B.33; or a​
201201 7.8Minnesota statute or a statute in another state that is equivalent to the sections identified in​
202202 7.9this clause;​
203203 7.10 (4) convicted of more than two moving violations; or​
204204 7.11 (5) at fault in more than one motor vehicle accident that involved only damage to property.​
205205 7.12 (d) If an applicant is rejected by the facility, the facility must allow the applicant to cure​
206206 7.13the deficiency and must accept the cured application if the applicant is otherwise eligible​
207207 7.14for the program.​
208208 7.15 (e) An enrollee may be required to provide proof of qualified health insurance.​
209209 7.16 (f) A lifeline policy may be nonrenewed if the insured no longer meets the requirements​
210210 7.17under this subdivision.​
211211 7.18 Sec. 2. Minnesota Statutes 2024, section 65B.49, is amended by adding a subdivision to​
212212 7.19read:​
213213 7.20 Subd. 11.Minnesota lifeline automobile insurance program.Notwithstanding this​
214214 7.21section or any law to the contrary, a policy issued pursuant to the Minnesota lifeline​
215215 7.22automobile insurance program under section 65B.121, meets the requirements of this section.​
216216 7.23 Sec. 3. [297I.12] LIFELINE PROGRAM MARKETING AND OUTREACH FUND.​
217217 7.24 Subdivision 1.Surcharge.(a) Each insurer engaged in writing policies of automobile​
218218 7.25insurance must collect a surcharge, at the rate of 10 cents per vehicle for every six months​
219219 7.26of coverage, on each policy of automobile insurance providing comprehensive insurance​
220220 7.27coverage issued or renewed in Minnesota. The surcharge is not considered premium for​
221221 7.28any purpose, including the computation of premium tax or agents' commissions. The amount​
222222 7.29of the surcharge must be separately stated on either a billing or policy declaration sent to​
223223 7.30an insured. An insurer must remit the revenue derived from the surcharge under this​
224224 7​Sec. 3.​
225225 25-03199 as introduced​02/21/25 REVISOR RSI/KR​ 8.1subdivision to the commissioner of revenue for marketing and outreach for the Minnesota​
226226 8.2lifeline insurance program under section 65B.121.​
227227 8.3 (b) For purposes of this subdivision, "policy of automobile insurance" has the meaning​
228228 8.4given in section 65B.14, and covers only the following types of vehicles, as defined in​
229229 8.5section 168.002, if the vehicle's gross vehicle weight does not exceed 10,000 pounds:​
230230 8.6 (1) a passenger automobile;​
231231 8.7 (2) a pickup truck;​
232232 8.8 (3) a van, but not commuter vans as defined in section 168.126; or​
233233 8.9 (4) a motorcycle.​
234234 8.10 Subd. 2.Minnesota lifeline insurance program account.The Minnesota lifeline​
235235 8.11insurance program account is created in the special revenue fund. The proceeds of surcharges​
236236 8.12imposed under subdivision 1 must be deposited in the Minnesota lifeline insurance program​
237237 8.13account. Money in the account is appropriated to the commissioner for marketing and​
238238 8.14outreach activities to promote enrollment in the Minnesota lifeline insurance program​
239239 8.15described under section 65B.121. Allowable uses include but are not limited to:​
240240 8.16 (1) grants to nonprofit organizations that provide direct services to individuals likely to​
241241 8.17benefit from information about the lifeline insurance program; and​
242242 8.18 (2) a contract with a marketing company with demonstrated success in public relations​
243243 8.19to populations likely to benefit from information about the lifeline insurance program.​
244244 8.20 Sec. 4. APPROPRIATION; MINNESOTA LIFELINE AUTOMOBILE INSURANCE​
245245 8.21PROGRAM.​
246246 8.22 (a) $....... in fiscal year 2026 is appropriated from the general fund to the commissioner​
247247 8.23of commerce to establish the Minnesota lifeline automobile insurance program.​
248248 8.24 (b) $20,000 in fiscal year 2026 and $20,000 in fiscal year 2027 are appropriated from​
249249 8.25the general fund to the commissioner of commerce to retain an independent actuary to​
250250 8.26provide actuarial consulting services to the public members of the facility.​
251251 8​Sec. 4.​
252252 25-03199 as introduced​02/21/25 REVISOR RSI/KR​