Bill Text: MN HF730 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Fairness for Responsible Drivers Act established, remedies of uninsured motorists limited, and amount of criminal fines increased.
Spectrum: Moderate Partisan Bill (Republican 5-1)
Status: (Introduced - Dead) 2012-01-26 - Motion to recall and re-refer, motion prevailed Transportation Policy and Finance [HF730 Detail]
Download: Minnesota-2011-HF730-Introduced.html
1.2relating to insurance; establishing the Fairness for Responsible Drivers Act;
1.3limiting certain remedies of uninsured motorists; increasing the amount of
1.4certain criminal fines;amending Minnesota Statutes 2010, sections 65B.51,
1.5subdivision 3; 169.797, subdivision 4.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2010, section 65B.51, subdivision 3, is amended to read:
1.8 Subd. 3. Limitation of damages for noneconomic detriment. In an action
1.9described in subdivision 1, no person shall recover damages for noneconomic detriment
1.10unless:
1.11(a) The sum of the following exceeds $4,000:
1.12(1) reasonable medical expense benefits paid, payable, or payable but for any
1.13applicable deductible, plus
1.14(2) the value of free medical or surgical care or ordinary and necessary nursing
1.15services performed by a relative of the injured person or a member of the injured person's
1.16household, plus
1.17(3) the amount by which the value of reimbursable medical services or products
1.18exceeds the amount of benefit paid, payable, or payable but for an applicable deductible
1.19for those services or products if the injured person was charged less than the average
1.20reasonable amount charged in this state for similar services or products, minus
1.21(4) the amount of medical expense benefits paid, payable, or payable but for
1.22an applicable deductible for diagnostic X-rays and for a procedure or treatment for
1.23rehabilitation and not for remedial purposes or a course of rehabilitative occupational
1.24training; or
1.25(b) the injury results in:
2.1(1) permanent disfigurement;
2.2(2) permanent injury;
2.3(3) death; or
2.4(4) disability for 60 days or more.
2.5(c) For the purposes of clause (a) evidence of the reasonable value of medical
2.6services and products shall be admissible in any action brought in this state.
2.7For the purposes of this subdivision disability means the inability to engage in
2.8substantially all of the injured person's usual and customary daily activities.
2.9(d) Except as provided in paragraph (f), in any action to recover damages arising out
2.10of the operation or use of a motor vehicle, a person shall not recover noneconomic losses
2.11to compensate for pain, suffering, inconvenience, physical impairment, disfigurement, and
2.12other nonpecuniary damages if any of the following applies:
2.13(1) the injured person was at the time of the accident operating the vehicle in
2.14violation of sections 169A.20 to 169A.27 and was convicted of that offense;
2.15(2) the injured person was the owner of a vehicle involved in the accident and the
2.16vehicle was not insured as required by the financial responsibility laws of this state; or
2.17(3) the injured person was the operator of a vehicle involved in the accident and the
2.18operator cannot establish financial responsibility as required by the financial responsibility
2.19laws of this state.
2.20(e) Except as provided in paragraph (f), an insurer is not liable, directly or indirectly,
2.21under a policy of liability or uninsured motorist insurance to indemnify for noneconomic
2.22losses of a person injured as described in paragraph (d).
2.23(f) In the event a person described in paragraph (d), clause (2), was injured by a
2.24motorist who at the time of the accident was operating their vehicle in violation of sections
2.25169A.20 to 169A.27 and was convicted of that offense, the injured person is not barred
2.26from recovering noneconomic losses to compensate for pain, suffering, inconvenience,
2.27physical impairment, disfigurement, and other nonpecuniary damages.
2.28 Sec. 2. Minnesota Statutes 2010, section 169.797, subdivision 4, is amended to read:
2.29 Subd. 4. Penalty. (a) A person who violates this section is guilty of a misdemeanor.
2.30A person is guilty of a gross misdemeanor who violates this section within ten years
2.31of the first of two prior convictions under this section, section169.791 , or a statute or
2.32ordinance in conformity with one of those sections. The operator of a vehicle who violates
2.33subdivision 3 and who causes or contributes to causing a vehicle accident that results in
2.34the death of any person or in substantial bodily harm to any person, as defined in section
2.35609.02, subdivision 7a
, is guilty of a gross misdemeanor. The same prosecuting authority
3.1who is responsible for prosecuting misdemeanor violations of this section is responsible
3.2for prosecuting gross misdemeanor violations of this section. In addition to any sentence
3.3of imprisonment that the court may impose on a person convicted of violating this section,
3.4the court shall impose a fine of not less than$200 $600 nor more than the maximum
3.5amount authorized by law. The court may allow community service in lieu of any fine
3.6imposed if the defendant is indigent.
3.7(b) The court may impose consecutive sentences for offenses arising out of a single
3.8course of conduct as permitted in section609.035, subdivision 2 .
3.9(c) In addition to the criminal penalty, the driver's license of an operator convicted
3.10under this section shall be revoked for not more than 12 months. If the operator is also an
3.11owner of the vehicle, the registration of the vehicle shall also be revoked for not more
3.12than 12 months. Before reinstatement of a driver's license or registration, the operator
3.13shall file with the commissioner of public safety the written certificate of an insurance
3.14carrier authorized to do business in this state stating that security has been provided by the
3.15operator as required by section65B.48 .
3.16(d) The commissioner shall include a notice of the penalties contained in this section
3.17on all forms for registration of vehicles required to maintain a plan of reparation security.
3.18EFFECTIVE DATE.This section is effective January 1, 2012.
3.19 Sec. 3. TITLE.
3.20Sections 1 and 2 shall be known as the Fairness for Responsible Drivers Act.
1.3limiting certain remedies of uninsured motorists; increasing the amount of
1.4certain criminal fines;amending Minnesota Statutes 2010, sections 65B.51,
1.5subdivision 3; 169.797, subdivision 4.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2010, section 65B.51, subdivision 3, is amended to read:
1.8 Subd. 3. Limitation of damages for noneconomic detriment. In an action
1.9described in subdivision 1, no person shall recover damages for noneconomic detriment
1.10unless:
1.11(a) The sum of the following exceeds $4,000:
1.12(1) reasonable medical expense benefits paid, payable, or payable but for any
1.13applicable deductible, plus
1.14(2) the value of free medical or surgical care or ordinary and necessary nursing
1.15services performed by a relative of the injured person or a member of the injured person's
1.16household, plus
1.17(3) the amount by which the value of reimbursable medical services or products
1.18exceeds the amount of benefit paid, payable, or payable but for an applicable deductible
1.19for those services or products if the injured person was charged less than the average
1.20reasonable amount charged in this state for similar services or products, minus
1.21(4) the amount of medical expense benefits paid, payable, or payable but for
1.22an applicable deductible for diagnostic X-rays and for a procedure or treatment for
1.23rehabilitation and not for remedial purposes or a course of rehabilitative occupational
1.24training; or
1.25(b) the injury results in:
2.1(1) permanent disfigurement;
2.2(2) permanent injury;
2.3(3) death; or
2.4(4) disability for 60 days or more.
2.5(c) For the purposes of clause (a) evidence of the reasonable value of medical
2.6services and products shall be admissible in any action brought in this state.
2.7For the purposes of this subdivision disability means the inability to engage in
2.8substantially all of the injured person's usual and customary daily activities.
2.9(d) Except as provided in paragraph (f), in any action to recover damages arising out
2.10of the operation or use of a motor vehicle, a person shall not recover noneconomic losses
2.11to compensate for pain, suffering, inconvenience, physical impairment, disfigurement, and
2.12other nonpecuniary damages if any of the following applies:
2.13(1) the injured person was at the time of the accident operating the vehicle in
2.14violation of sections 169A.20 to 169A.27 and was convicted of that offense;
2.15(2) the injured person was the owner of a vehicle involved in the accident and the
2.16vehicle was not insured as required by the financial responsibility laws of this state; or
2.17(3) the injured person was the operator of a vehicle involved in the accident and the
2.18operator cannot establish financial responsibility as required by the financial responsibility
2.19laws of this state.
2.20(e) Except as provided in paragraph (f), an insurer is not liable, directly or indirectly,
2.21under a policy of liability or uninsured motorist insurance to indemnify for noneconomic
2.22losses of a person injured as described in paragraph (d).
2.23(f) In the event a person described in paragraph (d), clause (2), was injured by a
2.24motorist who at the time of the accident was operating their vehicle in violation of sections
2.25169A.20 to 169A.27 and was convicted of that offense, the injured person is not barred
2.26from recovering noneconomic losses to compensate for pain, suffering, inconvenience,
2.27physical impairment, disfigurement, and other nonpecuniary damages.
2.28 Sec. 2. Minnesota Statutes 2010, section 169.797, subdivision 4, is amended to read:
2.29 Subd. 4. Penalty. (a) A person who violates this section is guilty of a misdemeanor.
2.30A person is guilty of a gross misdemeanor who violates this section within ten years
2.31of the first of two prior convictions under this section, section
2.32ordinance in conformity with one of those sections. The operator of a vehicle who violates
2.33subdivision 3 and who causes or contributes to causing a vehicle accident that results in
2.34the death of any person or in substantial bodily harm to any person, as defined in section
3.1who is responsible for prosecuting misdemeanor violations of this section is responsible
3.2for prosecuting gross misdemeanor violations of this section. In addition to any sentence
3.3of imprisonment that the court may impose on a person convicted of violating this section,
3.4the court shall impose a fine of not less than
3.5amount authorized by law. The court may allow community service in lieu of any fine
3.6imposed if the defendant is indigent.
3.7(b) The court may impose consecutive sentences for offenses arising out of a single
3.8course of conduct as permitted in section
3.9(c) In addition to the criminal penalty, the driver's license of an operator convicted
3.10under this section shall be revoked for not more than 12 months. If the operator is also an
3.11owner of the vehicle, the registration of the vehicle shall also be revoked for not more
3.12than 12 months. Before reinstatement of a driver's license or registration, the operator
3.13shall file with the commissioner of public safety the written certificate of an insurance
3.14carrier authorized to do business in this state stating that security has been provided by the
3.15operator as required by section
3.16(d) The commissioner shall include a notice of the penalties contained in this section
3.17on all forms for registration of vehicles required to maintain a plan of reparation security.
3.18EFFECTIVE DATE.This section is effective January 1, 2012.
3.19 Sec. 3. TITLE.
3.20Sections 1 and 2 shall be known as the Fairness for Responsible Drivers Act.
