.................... moves to amend H.F. No. 1394 as follows:
Delete everything after the enacting clause and insert:
"Section 1. Minnesota Statutes 2010, section 45.011, subdivision 1, is amended to read:
Subdivision 1. Scope.
As used in chapters 45 to 80C, 80E to
83, 155A, 332,
332A, 332B, 345, and 359, and sections
123A.21, subdivision 7
, paragraph (a), clause
, unless the context indicates otherwise, the terms defined in this section
have the meanings given them.
Sec. 2. Minnesota Statutes 2010, section 45.25, is amended by adding a subdivision to
1.11 Subd. 2a. Classroom course. "Classroom course" means an educational process
1.12based on no geographical separation of instructor and learner.
Sec. 3. Minnesota Statutes 2010, section 45.25, is amended by adding a subdivision to
1.15 Subd. 5a. Distance learning course. "Distance learning course" means an
1.16education process based on the geographical separation of instructor and learner. This
1.17includes, but is not limited to:
1.18(1) an interactive Internet course; and
1.19(2) a course taught live by the instructor via the Internet, video, or other electronic
Sec. 4. Minnesota Statutes 2010, section 45.25, is amended by adding a subdivision to
2.1 Subd. 14. Self-study course. "Self-study course" means a distance learning course
2.2that is not entirely taught by the instructor live via the Internet, video, or other electronic
Sec. 5. Minnesota Statutes 2010, section 45.30, is amended by adding a subdivision to
2.6 Subd. 6a. Professional designation coursework. Approved courses leading to
2.7the achievement or maintenance of a professional designation listed in section 60K.36,
2.8subdivision 4a, qualify for continuing education.
Sec. 6. Minnesota Statutes 2010, section 45.30, subdivision 7, is amended to read:
Subd. 7. Courses open to all. (a)
All course offerings must be open to any
interested individuals. Access may be restricted by the education provider based on class
size only, except that access to a course offering sponsored by, offered by, or affiliated with
an insurance company or agency may be restricted to agents of the company or agency.
Courses must not be approved if attendance is restricted to any particular group of people,
except for company-sponsored courses allowed by statute.
2.16(b) Notwithstanding paragraph (a), attendance at approved courses leading to the
2.17achievement or maintenance of a professional designation listed in section 60K.36,
2.18subdivision 4a, may be limited to those producers seeking the professional designation or
2.19those producers who have met prerequisite coursework for the course offering. Courses
2.20leading to the achievement or maintenance of a professional designation listed in section
2.2160K.36, subdivision 4a, may require a prerequisite such as candidacy for the designation
2.22or sequential coursework relating to the attainment or maintenance of the designation.
2.23A course leading to the achievement or maintenance of a professional designation listed
2.24in section 60K.36, subdivision 4a, is not considered to be company sponsored unless
2.25it is provided by an insurance company.
Sec. 7. [45.304] VERIFICATION REQUIREMENTS.
2.27A self-study course must not be approved unless it is objectively verifiable that:
2.28(1) it includes a closed-book, end-of-course examination; and
2.29(2) successful completion of the end-of-course examination can be objectively
Sec. 8. Minnesota Statutes 2010, section 45.35, is amended to read:
Each course of study, except self-study courses, must be conducted in a classroom or
other facility that is adequate to comfortably accommodate the faculty and the number
of students enrolled. The education provider may limit the number of students enrolled
in a course. Approved courses must not be held on the premises of a company doing
business in the regulated area, except for company-sponsored courses allowed by statute
3.6or noncompany sponsored courses offered by a bona fide trade association. A bona
3.7fide trade association may offer noncompany sponsored courses on the premises of an
3.8insurance company or agency so long as the course is not restricted to employees or
3.9appointed agents of the insurance company or agency
Sec. 9. Minnesota Statutes 2010, section 60K.56, subdivision 6, is amended to read:
Subd. 6. Minimum education requirement.
Each person subject to this section
shall complete a minimum of 24 credit hours of courses accredited by the commissioner
during each licensing period. No more than one-half of the credit hours per licensing
period required under this section may be credited to a person for attending courses either
sponsored by, offered by, or affiliated with an insurance company or its agents. For the
purposes of this subdivision, a course provided by a bona fide insurance trade association
is not considered to be sponsored by, offered by, or affiliated with an insurance company
or its agents regardless of the location of the course offering. A licensee must obtain three
hours of the credit hours per licensing period from a class or classes in the area of ethics.
Courses sponsored by, offered by, or affiliated with an insurance company or agent may
restrict its students to agents of the company or agency. Courses not sponsored by an
3.22insurance company must be open to all unless an exception listed in section 45.30 applies.
Sec. 10. Minnesota Statutes 2010, section 62A.095, subdivision 1, is amended to read:
Subdivision 1. Applicability.
shall may not
be offered, sold,
or issued to a resident of this state, or to cover a resident of this state, unless the health
plan complies with subdivision 2.
(b) Health plans providing benefits under health care programs administered by the
commissioner of human services are not subject to the limits described in subdivision
2 but are subject to the right of subrogation provisions under section
lien provisions under section
256D.03, subdivision 8
For purposes of this section, "health plan" includes coverage that is excluded under
, subdivision 3, clauses (4), (6),
(7), (8), (9),
Sec. 11. Minnesota Statutes 2010, section 62A.318, subdivision 17, is amended to read:
Subd. 17. Types of plans.
Medicare select policies and certificates must
be either a
4.3 basic plan or an extended basic plan provide the coverages specified in sections 62A.315
. Before a Medicare select policy or certificate is sold or issued in this state,
the applicant must be provided with an explanation of coverage for
both a Medicare select
4.6 basic and a Medicare select extended basic policy or certificate each of the coverages
4.7specified in sections 62A.315 to 62A.3165
and must be provided with the opportunity of
either a Medicare select basic or a Medicare select extended basic policy such
. The basic plan may also include any of the optional benefit riders authorized by
. Preventive care provided by Medicare select policies or certificates must
be provided as set forth in section
, except that the benefits are as
defined in chapter 62D.
Sec. 12. Minnesota Statutes 2010, section 62E.14, subdivision 3, is amended to read:
Subd. 3. Preexisting conditions.
person who obtains coverage pursuant to
shall be is not
covered for any preexisting condition during the first six months
of coverage under the state plan if the person was diagnosed or treated for that condition
during the 90 days immediately preceding the date the application was received by the
writing carrier, except as provided under subdivisions 3a,
4, 4a, 4b, 4c, 4d, 4e,
5, 6, and 7
Sec. 13. Minnesota Statutes 2010, section 62E.14, is amended by adding a subdivision
4.22 Subd. 4f. Waiver of preexisting conditions; persons covered by a
4.23community-based health care coverage program. A person may enroll in the
4.24comprehensive plan, with a waiver of preexisting condition limitation in subdivision
4.253, if the following requirements are met:
4.26(1) the person was formerly enrolled in a community-based health care coverage
4.27program under section 62Q.80;
4.28(2) the person is a Minnesota resident; and
4.29(3) the person submits an application for coverage that is received by the writing
4.30carrier no later than 90 days after coverage under the community-based health care
4.31program is terminated. For purposes of this clause, termination of coverage includes
4.32exceeding the maximum lifetime or annual benefit on existing coverage, or moving out of
4.33an area served by the program.
Sec. 14. Minnesota Statutes 2010, section 62L.03, subdivision 3, is amended to read:
Subd. 3. Minimum participation and contribution.
(a) A small employer that has
at least 75 percent of its eligible employees who have not waived coverage participating in
a health benefit plan and that contributes at least 50 percent toward the cost of coverage of
each eligible employee must be guaranteed coverage on a guaranteed issue basis from
any health carrier participating in the small employer market. The participation level
of eligible employees must be determined at the initial offering of coverage and at the
renewal date of coverage. A health carrier must not increase the participation requirements
applicable to a small employer at any time after the small employer has been accepted for
coverage. For the purposes of this subdivision, waiver of coverage includes only waivers
due to: (1) coverage under another group health plan; (2) coverage under Medicare Parts
A and B; or
coverage under MCHA permitted under section
62E.141 ; or (4)
under medical assistance under chapter 256B or general assistance medical care under
(b) If a small employer does not satisfy the contribution or participation requirements
under this subdivision, a health carrier may voluntarily issue or renew individual health
plans, or a health benefit plan which must fully comply with this chapter. A health carrier
that provides a health benefit plan to a small employer that does not meet the contribution
or participation requirements of this subdivision must maintain this information in its files
for audit by the commissioner. A health carrier may not offer an individual health plan,
purchased through an arrangement between the employer and the health carrier, to any
employee unless the health carrier also offers the individual health plan, on a guaranteed
issue basis, to all other employees of the same employer. An arrangement permitted under
, subdivision 2, paragraph (k), is not an arrangement between the employer
and the health carrier for purposes of this paragraph.
(c) Nothing in this section obligates a health carrier to issue coverage to a small
employer that currently offers coverage through a health benefit plan from another health
carrier, unless the new coverage will replace the existing coverage and not serve as one
of two or more health benefit plans offered by the employer. This paragraph does not
apply if the small employer will meet the required participation level with respect to
the new coverage.
Sec. 15. Minnesota Statutes 2010, section 72B.041, subdivision 5, is amended to read:
Subd. 5. Exceptions.
(a) An individual who applies for an adjuster license in this
state who is or was licensed in another state for the same lines of authority based on
an adjuster examination is not required to complete a prelicensing examination. This
exemption is only available if the person is currently licensed in another state or if that
state license has expired and the application is received by this state within 90 days of
expiration. The applicant must provide certification from the other state that the applicant's
license is currently in good standing or was in good standing at the time of expiration
or certification from the other state that its producer database records, maintained by
the NAIC, its affiliates, or its subsidiaries, indicate that the applicant or the applicant's
company is or was licensed in good standing. The certification must be of a license with
the same line of authority for which the individual has applied.
(b) A person licensed as an adjuster in another state based on an adjuster examination
who establishes legal residency in this state must make application within 90 days to
become a resident adjuster licensee pursuant to this section, with the exception that no
prelicensing examination is required of this person.
A person who has held a license of any given class or in any field or fields within
6.14 three years prior to the application shall be entitled to a renewal of the license in the same
6.15 class or in the same fields without taking an examination.
A person applying for a license as a crop hail adjuster shall not be required to
comply with the requirements of subdivision 4.
6.18(d) A person applying for the crop line of authority who has satisfactorily completed
6.19the National Crop Insurance Services Crop Adjuster Proficiency Program or the loss
6.20adjustment training curriculum and competency testing required by the Federal Crop
6.21Insurance Corporation Standard Reinsurance Agreement is exempt from the requirements
6.22of subdivision 4.
Sec. 16. [72B.055] MULTIPLE PERIL CROP INSURANCE ADJUSTMENTS.
6.24A licensed crop hail adjuster who has satisfactorily completed the loss adjustment
6.25training curriculum and competency testing required by the Federal Crop Insurance
6.26Corporation (FCIC) Standard Reinsurance Agreement may act as an adjuster in this state
6.27in regard to Multiple Peril Crop Insurance policies regulated by the FCIC.
Sec. 17. Minnesota Statutes 2010, section 79A.06, subdivision 5, is amended to read:
Subd. 5. Private employers who have ceased to be self-insured.
employers who have ceased to be private self-insurers shall discharge their continuing
obligations to secure the payment of compensation which is accrued during the period of
self-insurance, for purposes of Laws 1988, chapter 674, sections 1 to 21, by compliance
with all of the following obligations of current certificate holders:
(1) Filing reports with the commissioner to carry out the requirements of this chapter;
(2) Depositing and maintaining a security deposit for accrued liability for the
payment of any compensation which may become due, pursuant to chapter 176. However,
if a private employer who has ceased to be a private self-insurer purchases an insurance
policy from an insurer authorized to transact workers' compensation insurance in this state
which provides coverage of all claims for compensation arising out of injuries occurring
during the entire period the employer was self-insured, whether or not reported during
that period, the policy will:
(i) discharge the obligation of the employer to maintain a security deposit for the
payment of the claims covered under the policy;
(ii) discharge any obligation which the self-insurers' security fund has or may have
for payment of all claims for compensation arising out of injuries occurring during the
period the employer was self-insured, whether or not reported during that period; and
(iii) discharge the obligations of the employer to pay any future assessments to
the self-insurers' security fund; provided, however, that a member that terminates its
self-insurance authority on or after August 1, 2010, shall be liable for an assessment under
paragraph (b). The actuarial opinion shall not take into consideration any transfer of the
member's liabilities to an insurance policy if the member obtains a replacement policy as
described in this subdivision within one year of the date of terminating its self-insurance.
A private employer who has ceased to be a private self-insurer may instead buy an
insurance policy described above, except that it covers only a portion of the period of time
during which the private employer was self-insured; purchase of such a policy discharges
any obligation that the self-insurers' security fund has or may have for payment of all
claims for compensation arising out of injuries occurring during the period for which the
policy provides coverage, whether or not reported during that period.
A policy described in this clause may not be issued by an insurer unless it has
previously been approved as to the insurer,
and substance by the commissioner; and
(3) Paying within 30 days all assessments of which notice is sent by the security
fund, for a period of seven years from the last day its certificate of self-insurance was in
effect. Thereafter, the private employer who has ceased to be a private self-insurer may
either: (i) continue to pay within 30 days all assessments of which notice is sent by the
security fund until it has no incurred liabilities for the payment of compensation arising
out of injuries during the period of self-insurance; or (ii) pay the security fund a cash
payment equal to four percent of the net present value of all remaining incurred liabilities
for the payment of compensation under sections
as certified by a
member of the casualty actuarial society. Assessments shall be based on the benefits paid
by the employer during the calendar year immediately preceding the calendar year in
which the employer's right to self-insure is terminated or withdrawn.
(b) With respect to a self-insurer who terminates its self-insurance authority after
April 1, 1998, that member shall obtain and file with the commissioner an actuarial
opinion of its outstanding liabilities as determined by an associate or fellow of the
Casualty Actuarial Society within 120 days of the date of its termination. If the actuarial
opinion is not timely filed, the self-insurers' security fund may, at its discretion, engage
the services of an actuary for this purpose. The expense of this actuarial opinion must be
assessed against and be the obligation of the self-insurer. The commissioner may issue
a certificate of default against the self-insurer for failure to pay this assessment to the
self-insurers' security fund as provided by section
79A.04, subdivision 9
. The opinion
may discount liabilities up to four percent per annum to net present value. Within 60 days
after notification of approval of the actuarial opinion by the commissioner, the exiting
member shall pay to the security fund an amount determined as follows: a percentage will
be determined by dividing the security fund's members' deficit as determined by the most
recent audited financial statement of the security fund by the total actuarial liability of all
members of the security fund as calculated by the commissioner within 30 days of the
exit date of the member. This quotient will then be multiplied by that exiting member's
total future liability as contained in the exiting member's actuarial opinion. If the payment
is not made within 30 days of the notification, interest on it at the rate prescribed by
must be paid by the former member to the security fund until the principal
amount is paid in full.
(c) A former member who terminated its self-insurance authority before April 1,
1998, who has paid assessments to the self-insurers' security fund for seven years, and
whose annualized assessment is $15,000 or less, may buy out of its outstanding liabilities
to the self-insurers' security fund by an amount calculated as follows:
the indemnity case reserves at the time of the calculation, multiplied by the then current
self-insurers' security fund annualized assessment rate.
(d) A former member who terminated its self-insurance authority before April 1,
1998, and who is paying assessments within the first seven years after ceasing to be
self-insured under paragraph (a), clause (3), may elect to buy out its outstanding liabilities
to the self-insurers' security fund by obtaining and filing with the commissioner an
actuarial opinion of its outstanding liabilities as determined by an associate or fellow of
the Casualty Actuarial Society. The opinion must separate liability for indemnity benefits
from liability for medical benefits, and must discount each up to four percent per annum to
net present value. Within 30 days after notification of approval of the actuarial opinion
by the commissioner, the member shall pay to the security fund an amount equal to 120
percent of that discounted outstanding indemnity liability, multiplied by the greater of the
average annualized assessment rate since inception of the security fund or the annual rate
at the time of the most recent assessment.
(e) A former member who has paid the security fund according to paragraphs (b) to
(d) and subsequently receives authority from the commissioner to again self-insure shall be
assessed under section
79A.12, subdivision 2
, only on indemnity benefits paid on injuries
that occurred after the former member received authority to self-insure again; provided
that the member furnishes verified data regarding those benefits to the security fund.
(f) In addition to proceedings to establish liabilities and penalties otherwise
provided, a failure to comply may be the subject of a proceeding before the commissioner.
An appeal from the commissioner's determination may be taken pursuant to the contested
case procedures of chapter 14 within 30 days of the commissioner's written determination.
Any current or past member of the self-insurers' security fund is subject to service of
process on any claim arising out of chapter 176 or this chapter in the manner provided by
, or as otherwise provided by law. The issuance of a certificate to self-insure
to the private self-insured employer shall be deemed to be the agreement that any process
which is served in accordance with this section shall be of the same legal force and effect
as if served personally within this state.
9.20EFFECTIVE DATE.This section is effective the day following final enactment.
Sec. 18. Minnesota Statutes 2010, section 79A.24, is amended by adding a subdivision
9.23 Subd. 5. Purchase of insurance policy from an authorized insurer. A commercial
9.24self-insurance group may purchase an insurance policy from an insurer authorized to
9.25transact workers' compensation insurance in this state which provides coverage of all
9.26claims for compensation arising out of injuries occurring during the entire period or during
9.27a portion of the period of time in which the commercial self-insurance group has been
9.28in existence. While the insurance policy remains in effect, it discharges the obligation
9.29of the commercial self-insurance group to maintain a security deposit for the claims
9.30covered under the policy. A policy described in this subdivision may not be issued by an
9.31insurer unless it has previously been approved as to the insurer, form, and substance by
9.33EFFECTIVE DATE.This section is effective the day following final enactment.
Sec. 19. Minnesota Statutes 2010, section 79A.24, is amended by adding a subdivision
10.3 Subd. 6. Insolvency of a commercial self-insurance group insurer. In the event
10.4of the insolvency of the insurer that issued a policy under subdivision 5 to a commercial
10.5self-insurance group, eligibility for chapter 60C coverage under the policy is determined
10.6by applying the requirements of section 60C.09, subdivision 2, clause (3), to each
10.7commercial self-insurance group member separately, rather than to the net worth of the
10.8commercial self-insurance group entity or aggregate net worth of all members of the
10.9commercial self-insurance group.
10.10EFFECTIVE DATE.This section is effective the day following final enactment.
Sec. 20. Minnesota Statutes 2010, section 82.641, subdivision 1, is amended to read:
Generally License required. A person shall not act as a real estate
10.13closing agent unless licensed as provided in this section.
The commissioner shall issue
a license as a closing agent to a person who qualifies for the license under the terms
of this chapter.
Sec. 21. Minnesota Statutes 2010, section 82B.11, subdivision 6, is amended to read:
Subd. 6. Temporary practice.
(a) The commissioner shall issue a license for
temporary practice as a real estate appraiser under subdivision 3, 4, or 5 to a person
certified or licensed by another state if:
(1) the property to be appraised is part of a federally related transaction and the
person is licensed to appraise property limited to the same transaction value or complexity
provided in subdivision 3, 4, or 5;
(2) the appraiser's business is of a temporary nature; and
(3) the appraiser registers with the commissioner to obtain a temporary license
before conducting appraisals within the state.
(b) The term of a temporary practice license is the lesser of:
(1) the time required to complete the assignment; or
, with one extension allowed
The appraiser may request one extension of no more than six months on a form
10.30 provided by the commissioner.
If more than 12 months are necessary to complete the
assignment, a new temporary application and fee is required.
Sec. 22. Minnesota Statutes 2010, section 82B.13, is amended by adding a subdivision
11.1 Subd. 8. Appraiser prelicense education. Notwithstanding section 45.22, a college
11.2or university real estate course may be approved retroactively by the commissioner for
11.3appraiser prelicense education credit if:
11.4(1) the course was offered by a college or university physically located in Minnesota;
11.5(2) the college or university was an approved education provider at the time the
11.6course was offered; and
11.7(3) the commissioner's approval is made to the same extent in terms of courses and
11.8hours and with the same time limits as those specified by the Appraiser Qualifications
Sec. 23. Minnesota Statutes 2010, section 82B.14, is amended to read:
11.1182B.14 EXPERIENCE REQUIREMENT.
(a) As a prerequisite for licensing as a licensed real property appraiser, an applicant
must present evidence satisfactory to the commissioner that the person has obtained 2,000
hours of experience in real property appraisal obtained in no fewer than 12 months.
As a prerequisite for licensing as a certified residential real property appraiser, an
applicant must present evidence satisfactory to the commissioner that the person has
obtained 2,500 hours of experience in real property appraisal obtained in no fewer than
As a prerequisite for licensing as a certified general real property appraiser, an
applicant must present evidence satisfactory to the commissioner that the person has
obtained 3,000 hours of experience in real property appraisal obtained in no fewer than 30
months. At least 50 percent, or 1,500 hours, must be in nonresidential appraisal work.
(b) Each applicant for license under section
82B.11, subdivision 3
, 4, or 5, shall
give under oath a detailed listing of the real estate appraisal reports or file memoranda
for which experience is claimed by the applicant. Upon request, the applicant shall make
available to the commissioner for examination, a sample of appraisal reports that the
applicant has prepared in the course of appraisal practice.
(c) Notwithstanding section
45.22 , a college or university real estate course may be
11.29 approved retroactively by the commissioner for appraiser prelicense education credit if:
11.30 (1) the course was offered by a college or university physically located in Minnesota;
11.31 (2) the college or university was an approved education provider at the time the
11.32 course was offered;
11.33 (3) the commissioner's approval is made to the same extent in terms of courses and
11.34 hours and with the same time limits as those specified by the Appraiser Qualifications
12.1 (d) (c)
Applicants may not receive credit for experience accumulated while
unlicensed, if the experience is based on activities which required a license under this
Experience for all classifications must be obtained after January 30, 1989,
and must be USPAP compliant.
Sec. 24. Minnesota Statutes 2010, section 82C.08, subdivision 2, is amended to read:
Subd. 2. Amounts.
(a) Each application for initial licensure shall be accompanied
by a fee of $5,000.
(b) Each application for renewal of the license must be received prior to
with the renewal fee of $2,500.
Sec. 25. REPEALER.
12.12Minnesota Statutes 2010, section 45.25, subdivision 3, is repealed.
Amend the title accordingly