Bill Text: MN HF647 | 2013-2014 | 88th Legislature | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Division of insurance fraud renamed; subpoenas, coverages, and real estate appraiser licenses regulated; continuing education and risk-based capital requirements, workers' compensation self-insurance plan funding, services requests, and petroleum product specifications modified; actuarial opinions required and regulated; exclusions prohibited; no-fault benefits and coverages, arbitration, and health claims appeals modified; and unnecessary laws repealed.

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Engrossed - Dead) 2013-05-17 - Second reading [HF647 Detail]

Download: Minnesota-2013-HF647-Engrossed.html

1.1A bill for an act
1.2relating to commerce; renaming the division of insurance fraud; regulating
1.3subpoenas issued by the commissioner; modifying certain continuing education
1.4requirements; requiring and regulating an annual statement of actuarial opinions
1.5of reserves and supporting documentation of property and casualty companies;
1.6modifying risk-based capital requirements for certain insurers; regulating certain
1.7coverages; prohibiting certain exclusions; modifying no-fault benefits and
1.8coverages, arbitration and health claims appeals, and provider liens; modifying
1.9funding provisions for workers' compensation self-insurance plans; regulating
1.10real estate appraiser licenses; modifying service requests in connection with
1.11Public Utility Commission matters; repealing certain unnecessary laws;amending
1.12Minnesota Statutes 2012, sections 45.0135; 45.027, subdivision 2; 45.307; 45.43;
1.1360A.62, subdivision 1; 65B.43, subdivision 5; 65B.44, subdivisions 2, 3, 4, 5,
1.146; 65B.47, subdivisions 4, 5; 65B.49, subdivision 3a; 65B.525, subdivision 1;
1.1565B.54, subdivision 2, by adding subdivisions; 65B.56, subdivision 1; 72A.327;
1.1679A.04, subdivision 3a; 82B.08, by adding a subdivision; 82B.094; 82B.095,
1.17subdivision 2; 82B.10, subdivision 1; 82B.13, subdivisions 1, 4, 5, 8, by adding
1.18a subdivision; 216.17, subdivisions 2, 4; 216B.18; 299C.40, subdivision 1;
1.19proposing coding for new law in Minnesota Statutes, chapter 60A; repealing
1.20Minnesota Statutes 2012, sections 82B.095, subdivision 1; 115C.09, subdivision
1.213k; Laws 2000, chapter 488, article 3, section 37.
1.22BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.23    Section 1. Minnesota Statutes 2012, section 45.0135, is amended to read:
1.2445.0135 DIVISION OF INSURANCE COMMERCE FRAUD PREVENTION
1.25 BUREAU.
1.26    Subd. 2a. Authorization. The commissioner may appoint peace officers, as defined
1.27in section 626.84, subdivision 1, paragraph (c), and establish a law enforcement agency, as
1.28defined in section 626.84, subdivision 1, paragraph (f), known as the Division of Insurance
1.29 Commerce Fraud Prevention Bureau, to conduct investigations, and to make arrests under
1.30sections 629.30 and 629.34. The jurisdiction of the law enforcement agency is limited to
1.31offenses related to insurance fraud.
2.1    Subd. 2b. Duties. The Division of Insurance Commerce Fraud Prevention Bureau
2.2 shall:
2.3(1) review notices and reports of insurance fraud submitted by authorized insurers,
2.4their employees, and agents or producers;
2.5(2) respond to notifications or complaints of suspected insurance fraud generated by
2.6other law enforcement agencies, state or federal governmental units, or any other person;
2.7(3) initiate inquiries and conduct investigations when the division bureau has reason
2.8to believe that insurance fraud has been or is being committed; and
2.9(4) report incidents of alleged insurance fraud disclosed by its investigations to
2.10appropriate law enforcement agencies, including, but not limited to, the attorney general,
2.11county attorneys, or any other appropriate law enforcement or regulatory agency, and shall
2.12assemble evidence, prepare charges, and otherwise assist any law enforcement authority
2.13having jurisdiction.
2.14    Subd. 2c. Arrests and investigations. The initial processing of a person arrested
2.15by the Division of Insurance Commerce Fraud Prevention Bureau for an offense within
2.16its jurisdiction is the responsibility of the Division of Insurance Fraud Prevention bureau
2.17 unless otherwise directed by the law enforcement agency with primary jurisdiction.
2.18Subsequent investigation shall be the responsibility of the Division of Insurance Fraud
2.19Prevention bureau unless otherwise directed by the law enforcement agency with primary
2.20jurisdiction. At the request of the primary jurisdiction, the Division of Insurance Fraud
2.21Prevention bureau may assist in a subsequent investigation being carried out by the
2.22primary jurisdiction.
2.23    Subd. 2d. Policy for notice of investigations. The Division of Insurance Commerce
2.24 Fraud Prevention Bureau must develop a policy for notifying the law enforcement agency
2.25with primary jurisdiction when it has initiated investigation of any person within the
2.26jurisdiction of that agency.
2.27    Subd. 2e. Chief law enforcement officer. The commissioner shall appoint a peace
2.28officer employed full time to be the chief law enforcement officer and to be responsible
2.29for the management of the Division of Insurance Commerce Fraud Prevention Bureau.
2.30The chief law enforcement officer shall possess the necessary police and management
2.31experience to manage a law enforcement agency. The chief law enforcement officer
2.32may appoint, discipline, and discharge all employees of the Division of Insurance Fraud
2.33Prevention bureau. All police managerial and supervisory personnel must be full-time
2.34employees of the Division of Insurance Fraud Prevention bureau. Supervisory personnel
2.35must be on duty and available any time peace officers of the Division of Insurance Fraud
2.36Prevention bureau are on duty.
3.1    Subd. 2f. Compliance. Except as otherwise provided in this section, the Division of
3.2Insurance Fraud Prevention Commerce Fraud Bureau shall comply with all statutes and
3.3administrative rules relating to the operation and management of a law enforcement agency.
3.4    Subd. 3. Evidence, documentation, and related materials. If the division bureau
3.5 seeks evidence, documentation, and related materials pertinent to an investigation, and the
3.6matter is located outside of this state, the division bureau may designate representatives,
3.7including officials of the state where the matter is located, to secure the matter or inspect
3.8the matter on its behalf.
3.9    Subd. 4. Confidentiality and immunity. The provisions of chapter 13, including,
3.10but not limited to, section 13.82, apply to the classification, disclosure, and collection of
3.11data relating to the Division of Insurance Commerce Fraud Prevention Bureau.
3.12    Subd. 5. Annual report on activities and cost-effectiveness. The Division of
3.13Insurance Commerce Fraud Prevention Bureau shall maintain records and information
3.14in order to produce an annual report of its activities as may be prescribed by the
3.15commissioner of commerce. The commissioner shall report annually to the house of
3.16representatives and senate standing committees with jurisdiction over insurance issues
3.17as to the activities of the division bureau and the cost-effectiveness of the programs
3.18established by the division bureau.
3.19    Subd. 6. Insurance fraud prevention account. The insurance fraud prevention
3.20account is created in the state treasury. Money received from assessments under subdivision
3.217 is deposited in the account. Money in this fund is appropriated to the commissioner of
3.22commerce for the purposes specified in this section and sections 60A.951 to 60A.956.
3.23    Subd. 7. Assessment. Each insurer authorized to sell insurance in the state of
3.24Minnesota, including surplus lines carriers, and having Minnesota earned premium the
3.25previous calendar year shall remit an assessment to the commissioner for deposit in the
3.26insurance fraud prevention account on or before June 1 of each year. The amount of the
3.27assessment shall be based on the insurer's total assets and on the insurer's total written
3.28Minnesota premium, for the preceding fiscal year, as reported pursuant to section 60A.13.
3.29The assessment is calculated to be an amount up to the following:
3.30
Total Assets
Assessment
3.31
Less than $100,000,000
$
200
3.32
$100,000,000 to $1,000,000,000
$
750
3.33
Over $1,000,000,000
$
2,000
3.34
Minnesota Written Premium
Assessment
3.35
Less than $10,000,000
$
200
3.36
$10,000,000 to $100,000,000
$
750
3.37
Over $100,000,000
$
2,000
4.1For purposes of this subdivision, the following entities are not considered to be
4.2insurers authorized to sell insurance in the state of Minnesota: risk retention groups; or
4.3township mutuals organized under chapter 67A.
4.4    Subd. 8. Investigations; health-related boards. (a) The Division of Insurance
4.5 Commerce Fraud Prevention Bureau may consult with the appropriate health-related board
4.6when a licensee, licensed under chapter 144E, 147, 148, 148B, or 150A, is suspected
4.7of insurance fraud.
4.8(b) The division bureau shall, for any conviction involving or related to insurance,
4.9send copies of all public data in its possession to the appropriate health-related licensing
4.10board.

4.11    Sec. 2. Minnesota Statutes 2012, section 45.027, subdivision 2, is amended to read:
4.12    Subd. 2. Power to compel production of evidence. For the purpose of any
4.13investigation, hearing, proceeding, or inquiry related to the duties and responsibilities
4.14entrusted to the commissioner, the commissioner or a designated representative may
4.15administer oaths and affirmations, subpoena witnesses, compel their attendance, take
4.16evidence, and require the production of books, papers, correspondence, memoranda,
4.17agreements, or other documents or records that the commissioner considers relevant
4.18or material to the inquiry.
4.19A subpoena issued pursuant to this subdivision must state that the person to whom
4.20the subpoena is directed may not disclose the fact that the subpoena was issued or the fact
4.21that the requested records have been given to law enforcement personnel except:
4.22(1) insofar as the disclosure is necessary to find and disclose the records; or
4.23(2) pursuant to court order.

4.24    Sec. 3. Minnesota Statutes 2012, section 45.307, is amended to read:
4.2545.307 EDUCATION PROVIDER.
4.26    Subdivision 1. Duty to make records and data available to commissioner. A
4.27person applying for approval as an education provider must make available upon request
4.28such records and data required by the commissioner to administer the provisions and
4.29further the purposes of this chapter.
4.30    Subd. 2. Responsibility for actions of coordinators and instructors. An
4.31education provider is responsible for any actions taken by one or more of its coordinators
4.32or instructors in the course of performing activities associated with license education
4.33courses provided under this chapter.
5.1    Subd. 3. Responsibility for approval of coordinator. An education provider
5.2must ensure that an individual acting as a coordinator on its behalf under this chapter has
5.3received prior approval from the commissioner to act as a coordinator.

5.4    Sec. 4. Minnesota Statutes 2012, section 45.43, is amended to read:
5.545.43 REPORTING REQUIREMENTS.
5.6    Subdivision 1. Course completions. Required education must be reported in a
5.7manner prescribed by the commissioner within ten days of the course completion.
5.8    Subd. 2. Violations and penalties. (a) Each failure to report an individual licensee's
5.9course completion in the manner prescribed by subdivision 1 constitutes a separate
5.10violation.
5.11(b) The commissioner may impose a civil penalty not to exceed $500 per violation
5.12upon an education provider that violates subdivision 1, provided that the total amount
5.13of such civil penalties imposed upon an education provider must not exceed $10,000
5.14per course offering.

5.15    Sec. 5. [60A.0812] PROHIBITED EXCLUSION; CERTAIN PROPERTY AND
5.16CASUALTY POLICIES.
5.17An automobile insurance policy, personal excess liability policy, or personal
5.18umbrella policy must not contain an exclusion of, or limitation on, liability for damages
5.19for bodily injury solely because the injured person is a resident or member of the insured's
5.20household, or is related to the insured by blood or marriage.
5.21EFFECTIVE DATE.This section is effective January 1, 2014, and applies to
5.22policies issued, renewed, or continued on or after that date.

5.23    Sec. 6. [60A.1295] ACTUARIAL OPINION OF RESERVES AND SUPPORTING
5.24DOCUMENTATION.
5.25    Subdivision 1. Statement of actuarial opinion. Every property and casualty
5.26insurance company doing business in this state, unless otherwise exempted by the
5.27domiciliary commissioner, shall annually submit the opinion of an appointed actuary
5.28entitled "Statement of Actuarial Opinion." This opinion must be filed in accordance with
5.29the appropriate National Association of Insurance Commissioners (NAIC) Property and
5.30Casualty Annual Statement Instructions.
5.31    Subd. 2. Actuarial opinion summary. (a) Every property and casualty insurance
5.32company domiciled in this state that is required to submit a statement of actuarial opinion
6.1shall annually submit an actuarial opinion summary, written by the company's appointed
6.2actuary. This actuarial opinion summary must be filed in accordance with the appropriate
6.3NAIC Property and Casualty Annual Statement Instructions and must be considered as a
6.4document supporting the actuarial opinion required in subdivision 1.
6.5(b) A company licensed but not domiciled in this state shall provide the actuarial
6.6opinion summary upon request.
6.7    Subd. 3. Actuarial report and workpapers. (a) An actuarial report and its
6.8underlying workpapers as required by the appropriate NAIC Property and Casualty
6.9Annual Statement Instructions must be prepared to support each actuarial opinion.
6.10(b) If the insurance company fails to provide a supporting actuarial report and/or
6.11workpapers at the request of the commissioner or the commissioner determines that
6.12the supporting actuarial report or workpapers provided by the insurance company are
6.13otherwise unacceptable to the commissioner, the commissioner may engage a qualified
6.14actuary at the expense of the company to review the opinion and the basis for the opinion
6.15and prepare the supporting actuarial report or workpapers.
6.16    Subd. 4. Liability. The appointed actuary shall not be liable for damages to any
6.17person, other than the insurance company and the commissioner, for any act, error,
6.18omission, decision, or conduct with respect to the actuary's opinion, except in cases of
6.19fraud or willful misconduct on the part of the appointed actuary.
6.20EFFECTIVE DATE.This section is effective December 31, 2013.

6.21    Sec. 7. [60A.1296] CONFIDENTIALITY.
6.22    Subdivision 1. Actuarial opinion; public document. The statement of actuarial
6.23opinion must be provided with the annual statement in accordance with the appropriate
6.24National Association of Insurance Commissioners (NAIC) Property and Casualty Annual
6.25Statement Instructions and must be treated as a public document.
6.26    Subd. 2. Supporting materials; confidential and privileged. (a) Documents,
6.27materials, or other information in the possession or control of the Department of Commerce
6.28that are considered an actuarial report, workpapers, or actuarial opinion summary
6.29provided in support of the opinion, and any other material provided by the company to the
6.30commissioner in connection with the actuarial report, workpapers, or actuarial opinion
6.31summary, shall be confidential by law and privileged, shall not be subject to subpoena,
6.32and shall not be subject to discovery or admissible in evidence in any private civil action.
6.33(b) This provision shall not be construed to limit the commissioner's authority to:
6.34(1) release the documents to the Actuarial Board for Counseling and Discipline
6.35(ABCD) so long as the material is required for the purpose of professional disciplinary
7.1proceedings and the ABCD establishes procedures satisfactory to the commissioner for
7.2preserving the confidentiality of the documents; or
7.3(2) use the documents, materials, or other information in furtherance of any
7.4regulatory or legal action brought as part of the commissioner's official duties.
7.5    Subd. 3. Protections. Neither the commissioner nor any person who received
7.6the documents, materials, or other information while acting under the authority of
7.7the commissioner shall be permitted or required to testify in any private civil action
7.8concerning any confidential documents, materials, or information subject to subdivision 2.
7.9    Subd. 4. Exceptions. In order to assist in the performance of the commissioner's
7.10duties, the commissioner:
7.11(1) may share documents, materials, or other information, including the confidential
7.12and privileged documents, materials, or information subject to subdivision 2 with other
7.13state, federal, and international regulatory agencies; with the NAIC and its affiliates
7.14and subsidiaries; and with state, federal, and international law enforcement authorities,
7.15provided that the recipient agrees to maintain the confidentiality and privileged status
7.16of the document, material, or other information and has the legal authority to maintain
7.17confidentiality;
7.18(2) may receive documents, materials, or information, including otherwise
7.19confidential and privileged documents, materials, or information, from NAIC and its
7.20affiliates and subsidiaries, and from regulatory and law enforcement officials of other
7.21foreign or domestic jurisdictions, and shall maintain as confidential or privileged any
7.22document, material, or information received with notice or the understanding that it is
7.23confidential or privileged under the laws of the jurisdiction that is the source of the
7.24document, material, or information; and
7.25(3) may enter into agreements governing sharing and use of information consistent
7.26with subdivisions 2 to 4.
7.27    Subd. 5. Nonwaiver. No waiver of applicable privilege or claim of confidentiality
7.28in the documents, materials, or information shall occur as a result of disclosure to the
7.29commissioner under this section or as a result of sharing as authorized in subdivision 4.
7.30EFFECTIVE DATE.This section is effective December 31, 2013.

7.31    Sec. 8. Minnesota Statutes 2012, section 60A.62, subdivision 1, is amended to read:
7.32    Subdivision 1. Definition. "Company action level event" means any of the
7.33following events:
7.34(1) the filing of a risk-based capital report by an insurer which indicates that:
8.1(i) the insurer's total adjusted capital is greater than or equal to its regulatory action
8.2level risk-based capital but less than its company action level risk-based capital; or
8.3(ii) if a life and/or health insurer, the insurer has total adjusted capital that is greater
8.4than or equal to its company action level risk-based capital but less than the product of its
8.5authorized control level risk-based capital and 2.5 3.0 and has a negative trend; or
8.6(iii) if a property and casualty insurer, the insurer has total adjusted capital which
8.7is greater than or equal to its company action level risk-based capital but less than the
8.8product of its authorized control level risk-based capital and 3.0 and triggers the trend
8.9test determined in accordance with the trend test calculation included in the property
8.10and casualty risk-based capital instructions;
8.11(2) the notification by the commissioner to the insurer of an adjusted risk-based
8.12capital report that indicates an event in clause (1), provided the insurer does not challenge
8.13the adjusted risk-based report under section 60A.66; or
8.14(3) if, pursuant to section 60A.66, an insurer challenges an adjusted risk-based
8.15capital report that indicates the event in clause (1), the notification by the commissioner to
8.16the insurer that the commissioner has, after a hearing, rejected the insurer's challenge.
8.17EFFECTIVE DATE.This section is effective December 31, 2013.

8.18    Sec. 9. Minnesota Statutes 2012, section 65B.43, subdivision 5, is amended to read:
8.19    Subd. 5. Insured. "Insured" means an insured under a plan of reparation security as
8.20provided by sections 65B.41 to 65B.71, including the named insured and the following
8.21persons not identified by name as an insured while (a) residing in the same household
8.22with the named insured and (b) not identified by name in any other contract for a plan of
8.23reparation security complying with sections 65B.41 to 65B.71 as an insured:
8.24(1) a spouse,
8.25(2) other relative of a named insured, or
8.26(3) a minor in the custody of a named insured or of a relative residing in the same
8.27household with a named insured.
8.28A person resides in the same household with the named insured if that person's home
8.29is usually in the same family unit, even though temporarily living elsewhere.
8.30"Insured" does not include an assignment of benefits assignee.

8.31    Sec. 10. Minnesota Statutes 2012, section 65B.44, subdivision 2, is amended to read:
8.32    Subd. 2. Medical expense benefits. (a) Medical expense benefits shall reimburse
8.33all reasonable expenses for necessary:
9.1(1) medical, surgical, x-ray, optical, dental, chiropractic, and rehabilitative services,
9.2including prosthetic devices and medically prescribed medical equipment by a licensed
9.3physician;
9.4(2) prescription drugs;
9.5(3) ambulance and all other transportation expenses incurred in traveling to receive
9.6other covered medical expense benefits;
9.7(4) sign interpreting and language translation services, other than such services
9.8provided by a family member of the patient, related to the receipt of medical, surgical,
9.9x-ray, optical, dental, chiropractic, hospital, extended care, nursing, and rehabilitative
9.10services; and
9.11(5) hospital, extended care, and nursing services.
9.12(b) Hospital room and board benefits may be limited, except for intensive care
9.13facilities, to the regular daily semiprivate room rates customarily charged by the institution
9.14in which the recipient of benefits is confined.
9.15(c) Such benefits shall also include necessary remedial treatment and services
9.16recognized and permitted under the laws of this state for an injured person who relies
9.17upon spiritual means through prayer alone for healing in accordance with that person's
9.18religious beliefs.
9.19(d) Medical expense loss includes medical expenses accrued prior to the death of a
9.20person notwithstanding the fact that benefits are paid or payable to the decedent's survivors.
9.21(e) Medical expense benefits for rehabilitative services shall be subject to the
9.22provisions of section 65B.45.
9.23(f) Providers of goods and services for which a medical expense benefit claim is
9.24submitted shall notify the appropriate reparation obligor of the date the services were
9.25commenced or the goods were first provided within 30 days of determining the identity of
9.26the reparation obligor, but in any event not later than 60 days from the date services were
9.27commenced or goods were first provided.
9.28(g) Once the reparations obligor has been established, all bills, supporting
9.29documentation, and records must be submitted to the reparations obligor not later than
9.3060 days from the date of service.

9.31    Sec. 11. Minnesota Statutes 2012, section 65B.44, subdivision 3, is amended to read:
9.32    Subd. 3. Disability and income loss benefits. (a) Disability and income loss
9.33benefits shall provide compensation for 85 percent of the injured person's loss of present
9.34and future gross income from inability to work proximately caused by the nonfatal
9.35injury subject to a maximum of $250 $500 per week. Loss of income includes the costs
10.1incurred by a self-employed person to hire substitute employees to perform tasks which
10.2are necessary to maintain the income of the injured person, which are normally performed
10.3by the injured person, and which cannot be performed because of the injury.
10.4(b) If the injured person is unemployed at the time of injury and is receiving or is
10.5eligible to receive unemployment benefits under chapter 268, but the injured person loses
10.6eligibility for those benefits because of inability to work caused by the injury, disability
10.7and income loss benefits shall provide compensation for the lost benefits in an amount
10.8equal to the unemployment benefits which otherwise would have been payable, subject to
10.9a maximum of $250 $500 per week.
10.10(c) Compensation under this subdivision shall be reduced by any income from
10.11substitute work actually performed by the injured person or by income the injured person
10.12would have earned in available appropriate substitute work which the injured person was
10.13capable of performing but unreasonably failed to undertake.
10.14(d) For the purposes of this section "inability to work" means disability which
10.15prevents the injured person from engaging in any substantial gainful occupation or
10.16employment on a regular basis, for wage or profit, for which the injured person is or may
10.17by training become reasonably qualified. If the injured person returns to employment and
10.18is unable by reason of the injury to work continuously, compensation for lost income shall
10.19be reduced by the income received while the injured person is actually able to work. The
10.20weekly maximums may not be prorated to arrive at a daily maximum, even if the injured
10.21person does not incur loss of income for a full week.
10.22(e) For the purposes of this section, an injured person who is "unable by reason of
10.23the injury to work continuously" includes, but is not limited to, a person who misses time
10.24from work, including reasonable travel time, and loses income, vacation, or sick leave
10.25benefits, to obtain medical treatment for an injury arising out of the maintenance or use
10.26of a motor vehicle.

10.27    Sec. 12. Minnesota Statutes 2012, section 65B.44, subdivision 4, is amended to read:
10.28    Subd. 4. Funeral and burial expenses. Funeral and burial benefits shall be
10.29reasonable expenses not in excess of $2,000 $5,000, including expenses for cremation or
10.30delivery under the Darlene Luther Revised Uniform Anatomical Gift Act, chapter 525A.

10.31    Sec. 13. Minnesota Statutes 2012, section 65B.44, subdivision 5, is amended to read:
10.32    Subd. 5. Replacement service and loss. Replacement service loss benefits shall
10.33reimburse provide payment for all reasonable expenses reasonably incurred by or on
10.34behalf of the nonfatally injured person in obtaining usual and necessary substitute services
11.1in lieu of those that performed by a nonhousehold member, had the injured person not
11.2been injured, the injured person would have performed not for income but for direct
11.3personal benefit or for the benefit of the injured person's household; if the nonfatally
11.4injured person normally, as a full time responsibility, provides care and maintenance of a
11.5home with or without children, the benefit to be provided under this subdivision shall be
11.6the reasonable value of such care and maintenance or the reasonable expenses incurred in
11.7obtaining usual and necessary substitute care and maintenance of the home, whichever is
11.8greater. These benefits shall be subject to a maximum of $200 per week. All replacement
11.9services loss sustained on the date of injury and the first seven days thereafter is excluded
11.10in calculating replacement services loss.

11.11    Sec. 14. Minnesota Statutes 2012, section 65B.44, subdivision 6, is amended to read:
11.12    Subd. 6. Survivors economic loss benefits. Survivors economic loss benefits, in
11.13the event of death occurring within one year of the date of the accident, caused by and
11.14arising out of injuries received in the accident, are subject to a maximum of $200 $500
11.15per week and shall cover loss accruing after decedent's death of contributions of money
11.16or tangible things of economic value, not including services, that surviving dependents
11.17would have received from the decedent for their support during their dependency had the
11.18decedent not suffered the injury causing death.
11.19For the purposes of definition under sections 65B.41 to 65B.71, the following
11.20described persons shall be presumed to be dependents of a deceased person: (a) a wife
11.21is dependent on a husband with whom she lives at the time of his death; (b) a husband
11.22is dependent on a wife with whom he lives at the time of her death; (c) any child while
11.23under the age of 18 years, or while over that age but physically or mentally incapacitated
11.24from earning, is dependent on the parent with whom the child is living or from whom the
11.25child is receiving support regularly at the time of the death of such parent; or (d) an actual
11.26dependent who lives with the decedent at the time of the decedent's death. Questions of
11.27the existence and the extent of dependency shall be questions of fact, considering the
11.28support regularly received from the deceased.
11.29Payments shall be made to the dependent, except that benefits to a dependent who
11.30is a child or an incapacitated person may be paid to the dependent's surviving parent or
11.31guardian. Payments shall be terminated whenever the recipient ceases to maintain a status
11.32which if the decedent were alive would be that of dependency.

11.33    Sec. 15. Minnesota Statutes 2012, section 65B.47, subdivision 4, is amended to read:
11.34    Subd. 4. Other cases. In all other cases, the following priorities apply:
12.1(a) The security for payment of basic economic loss benefits applicable to injury to
12.2an insured is the security under which the injured person is an insured.
12.3(b) The security for payment of basic economic loss benefits applicable to injury
12.4to the driver or other occupant of an involved motor vehicle who is not an insured is
12.5the security covering that vehicle.
12.6(c) The security for payment of basic economic loss benefits applicable to injury
12.7to a person not otherwise covered who is not the driver or other occupant of an involved
12.8motor vehicle is the security covering any involved motor vehicle. An unoccupied parked
12.9vehicle is not an involved motor vehicle unless it was parked so as to cause unreasonable
12.10risk of injury.
12.11(d) The security for payment of basic economic loss benefits applicable to a person
12.12who is injured in or by a vehicle listed in section 168.012, subdivision 1, paragraph (a), is
12.13the security under which the injured person is an insured.

12.14    Sec. 16. Minnesota Statutes 2012, section 65B.47, subdivision 5, is amended to read:
12.15    Subd. 5. Contribution. If two or more obligations to pay basic economic loss
12.16benefits are applicable to an injury under the priorities set out in this section, benefits are
12.17payable only once and the reparation obligor against whom a claim is asserted shall must
12.18 process and pay the claim as if wholly responsible, but the reparation obligor is thereafter
12.19entitled to recover contribution pro rata for the basic economic loss benefits paid and the
12.20costs of processing the claim. A reparation obligor failing to comply with this subdivision
12.21is liable for interest as prescribed in section 65B.54. Where contribution is sought among
12.22reparation obligors responsible under subdivision 4, clause (c), proration shall be based on
12.23the number of involved motor vehicles.

12.24    Sec. 17. Minnesota Statutes 2012, section 65B.49, subdivision 3a, is amended to read:
12.25    Subd. 3a. Uninsured and underinsured motorist coverages. (1) No plan of
12.26reparation security may be renewed, delivered or issued for delivery, or executed in this
12.27state with respect to any motor vehicle registered or principally garaged in this state
12.28unless separate uninsured and underinsured motorist coverages are provided therein. Each
12.29coverage, at a minimum, must provide limits of $25,000 because of injury to or the death
12.30of one person in any accident and $50,000 because of injury to or the death of two or more
12.31persons in any accident. In the case of injury to, or the death of, two or more persons in
12.32any accident, the amount available to any one person must not exceed the coverage limit
12.33provided for injury to, or the death of, one person in any accident.
13.1(2) Every owner of a motor vehicle registered or principally garaged in this state shall
13.2maintain uninsured and underinsured motorist coverages as provided in this subdivision.
13.3(3) No reparation obligor is required to provide limits of uninsured and underinsured
13.4motorist coverages in excess of the bodily injury liability limit provided by the applicable
13.5plan of reparation security.
13.6(4) No recovery shall be permitted under the uninsured and underinsured motorist
13.7coverages of this section for basic economic loss benefits paid or payable, or which would
13.8be payable but for any applicable deductible for policies of coverage above the minimum
13.9limits provided by this chapter.
13.10(5) If at the time of the accident the injured person is occupying a motor vehicle,
13.11the limit of liability for uninsured and underinsured motorist coverages available to the
13.12injured person is the limit specified for that motor vehicle. However, if the injured person
13.13is occupying a motor vehicle of which the injured person is not an insured, the injured
13.14person may be entitled to excess insurance protection afforded by a policy in which the
13.15injured party is otherwise insured. The excess insurance protection is limited to the extent
13.16of covered damages sustained, and further is available only to the extent by which the limit
13.17of liability for like coverage applicable to any one motor vehicle listed on the automobile
13.18insurance policy of which the injured person is an insured exceeds the limit of liability of
13.19the coverage available to the injured person from the occupied motor vehicle.
13.20If at the time of the accident the injured person is not occupying a motor vehicle or
13.21motorcycle, the injured person is entitled to select any one limit of liability for any one
13.22vehicle afforded by a policy under which the injured person is insured.
13.23(6) Regardless of the number of policies involved, vehicles involved, persons
13.24covered, claims made, vehicles or premiums shown on the policy, or premiums paid, in no
13.25event shall the limit of liability for uninsured and underinsured motorist coverages for two
13.26or more motor vehicles be added together to determine the limit of insurance coverage
13.27available to an injured person for any one accident.
13.28(7) The uninsured and underinsured motorist coverages required by this subdivision
13.29do not apply to bodily injury of the insured while occupying a motor vehicle owned by the
13.30insured, unless the occupied vehicle is an insured motor vehicle.
13.31(8) The uninsured and underinsured motorist coverages required by this subdivision
13.32do not apply to bodily injury of the insured while occupying a motorcycle owned by
13.33the insured.

13.34    Sec. 18. Minnesota Statutes 2012, section 65B.525, subdivision 1, is amended to read:
14.1    Subdivision 1. Mandatory submission to binding arbitration. (a) Except as
14.2otherwise provided in section 72A.327, the Supreme Court and the several courts of
14.3general trial jurisdiction of this state shall by rules of court or other constitutionally
14.4allowable device, provide for the mandatory submission to binding arbitration of all cases
14.5at issue where the claim at the commencement of arbitration is in an amount of $10,000
14.6or less against any insured's reparation obligor for no-fault benefits or comprehensive or
14.7collision damage coverage.
14.8(b) If assigned claims against a reparation obligor are submitted pursuant to this
14.9section, the aggregate amount of the claims is considered to be one claim for purposes of
14.10the jurisdictional dollar limitation in paragraph (a). Aggregated or consolidated claims in
14.11excess of $10,000 must be recovered in an action in district court.

14.12    Sec. 19. Minnesota Statutes 2012, section 65B.54, subdivision 2, is amended to read:
14.13    Subd. 2. Interest on overdue payments. Overdue payments shall bear simple
14.14interest at the rate of 15 percent per annum. Once an obligor has denied benefits from a
14.15specific provider, made a blanket denial of a type of benefits, or issued a general denial of
14.16benefits, interest is due on all overdue benefits within the scope of the denial, regardless
14.17of whether the insured or provider continues to provide ongoing proof of the fact and
14.18amount of each additional loss incurred.

14.19    Sec. 20. Minnesota Statutes 2012, section 65B.54, is amended by adding a subdivision
14.20to read:
14.21    Subd. 7. Wrongful provider liens. A licensed health care provider who makes,
14.22files, perfects, or records a wrongful lien against the property of an insured for unpaid
14.23medical expense benefits is liable to the insured for $1,000 or actual damages, whichever
14.24is greater, and for reasonable attorney fees and costs.
14.25For purposes of this subdivision, "wrongful lien" means a document that the health
14.26care provider knows, or has reason to know:
14.27(1) is groundless;
14.28(2) contains a material misstatement or false claim; or
14.29(3) attempts to preserve and enforce a legal interest or right in the insured's property
14.30when none is provided by law.

14.31    Sec. 21. Minnesota Statutes 2012, section 65B.54, is amended by adding a subdivision
14.32to read:
15.1    Subd. 8. Health care provider claims arbitration limited. A health care provider
15.2shall not submit any medical benefit claims to arbitration pursuant to section 65B.525 as
15.3an assignment of benefits assignee.

15.4    Sec. 22. Minnesota Statutes 2012, section 65B.56, subdivision 1, is amended to read:
15.5    Subdivision 1. Medical Physical examinations or evaluations and discovery of
15.6condition of claimant. Any person with respect to whose injury benefits are claimed
15.7under a plan of reparation security shall, upon request of the reparation obligor from
15.8whom recovery is sought, submit to a physical examination or evaluation by a physician or
15.9physicians licensed provider or other providers selected by the obligor as may reasonably
15.10be required. The person being examined for physical injuries is entitled upon request
15.11to have a nonmedical observer present at any examination for physical injuries done
15.12pursuant to this subdivision. The nonmedical observer shall not record or otherwise
15.13interfere with the examination.
15.14The costs of any examinations requested by the obligor shall be borne entirely by
15.15the requesting obligor. Such examinations shall be conducted within the city, town, or
15.16statutory city of residence of the injured person. Examinations must not be conducted
15.17in hotel or motel facilities. If there is no qualified physician examiner to conduct the
15.18examination within the city, town, or statutory city of residence of the injured person,
15.19then such examination shall be conducted at another place of the closest proximity to
15.20the injured person's residence. If the injured person has moved out of Minnesota, the
15.21examination may take place at the reparation obligor's expense in or near the last city of
15.22residence within Minnesota. Obligors are authorized to include reasonable provisions in
15.23policies for mental and physical examination of those injured persons.
15.24If requested by the person examined, a party causing an examination to be made
15.25shall deliver to the examinee a copy of every written report concerning the examination
15.26rendered by an examining physician to that person, at least one of which reports must set
15.27out in detail the findings and conclusions of such examining physician the examiner.
15.28An injured person shall also do all things reasonably necessary to enable the obligor
15.29to obtain medical reports and other needed information to assist in determining the
15.30nature and extent of the injured person's injuries and loss, and the medical treatment
15.31received. If the claimant refuses to cooperate in responding to requests for examination
15.32and information as authorized by this section, evidence of such noncooperation shall be
15.33admissible in any suit or arbitration filed for damages for such personal injuries or for the
15.34benefits provided by sections 65B.41 to 65B.71.
15.35The provisions of this section apply before and after the commencement of suit.

16.1    Sec. 23. Minnesota Statutes 2012, section 72A.327, is amended to read:
16.272A.327 HEALTH CLAIMS; RIGHTS OF APPEAL.
16.3(a) An insured whose claim for medical benefits under chapter 65B is denied because
16.4the treatment or services for which the claim is made is claimed to be experimental,
16.5investigative, not medically necessary, or otherwise not generally accepted by licensed
16.6health care providers and for which the insured has financial responsibility in excess of
16.7applicable co-payments and deductibles may appeal the denial to the commissioner. For
16.8purposes of this section, "insured" does not include an assignment of benefits assignee.
16.9(b) This section does not apply to claims for health benefits which have been
16.10arbitrated under section 65B.525, subdivision 1.
16.11(c) A three-member panel shall review the denial of the claim and report to the
16.12commissioner. The commissioner shall establish a list of qualified individuals who are
16.13eligible to serve on the panel. In establishing the list, the commissioner shall consult with
16.14representatives of the contributing members as defined in section 65B.01, subdivision 2,
16.15and professional societies. Each panel must include: one person with medical expertise as
16.16identified by the contributing members; one person with medical expertise as identified by
16.17the professional societies; and one public member. The commissioner, upon initiation of an
16.18arbitration, shall select from each list three potential arbitrators and shall notify the issuer
16.19and the claimant of the selection. Each party shall strike one of the potential arbitrators and
16.20an arbitrator shall be selected by the commissioner from the remaining names of potential
16.21arbitrators if more than one potential arbitrator is left. In the event of multiparty arbitration,
16.22the commissioner may increase the number of potential arbitrators and divide the strikes
16.23so as to afford an equal number of strikes to each adverse interest. If the selected arbitrator
16.24is unable or unwilling to serve for any reason, the commissioner may appoint an arbitrator,
16.25which will be subject to challenge only for cause. The party that denied the coverage has
16.26the burden of proving that the services or treatment are experimental, investigative, not
16.27medically necessary, or not generally accepted by licensed health care professionals. In
16.28determining whether the burden has been met, the panel may consider expert testimony,
16.29medical literature, and any other relevant sources. If the party fails to sustain its burden,
16.30the commissioner may order the immediate payment of the claim. All proceedings of the
16.31panel and any documents received or developed by the review process are nonpublic.
16.32(d) A person aggrieved by an order under this section may appeal the order. The
16.33appeal shall be pursuant to section 65B.525 where appropriate, or to the district court
16.34for a trial de novo, in all other cases. In nonemergency situations, if the insurer has an
16.35internal grievance or appeal process, the insured must exhaust that process before the
17.1external appeal. In no event shall the internal grievance process exceed the time limits
17.2described in section 72A.201, subdivision 4a.
17.3(e) If prior authorization is required before services or treatment can be rendered, an
17.4appeal of the denial of prior authorization may be made as provided in this section.
17.5(f) The commissioner shall adopt procedural rules for the conduct of appeals.
17.6(g) The permanent rulemaking authority granted in this section is effective June 2,
17.71989, regardless of the actual effective date of January 1, 1990.

17.8    Sec. 24. Minnesota Statutes 2012, section 79A.04, subdivision 3a, is amended to read:
17.9    Subd. 3a. Acceptable securities. The following are acceptable securities and surety
17.10bonds for the purpose of funding self-insurance plans and group self-insurance plans:
17.11(1) direct obligations of the United States government except mortgage-backed
17.12securities of the Government National Mortgage Association any kind;
17.13(2) bonds, notes, debentures, and other instruments which are obligations of
17.14agencies and instrumentalities of the United States including, but not limited to, the
17.15Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation,
17.16the Federal Home Loan Bank, the Student Loan Marketing Association, and the Farm
17.17Credit System, and their successors, but not including collateralized mortgage obligations
17.18or mortgage pass-through instruments;
17.19(3) bonds or securities that are issued by the state of Minnesota and that are secured
17.20by the full faith and credit of the state;
17.21(4) certificates of deposit which are insured by the Federal Deposit Insurance
17.22Corporation and are issued by a Minnesota depository institution and approved by the
17.23commissioner;
17.24(5) obligations of, or instruments unconditionally guaranteed by, Minnesota
17.25depository financial institutions whose long-term debt rating is at least AA-, Aa3, or their
17.26equivalent, by at least two nationally recognized rating agencies;
17.27(6) surety bonds issued by a corporate surety authorized by the commissioner of
17.28commerce to transact such business in the state;
17.29(7) obligations of or instruments unconditionally guaranteed by Minnesota insurance
17.30companies, whose long-term debt rating is at least AA-, Aa3, or their equivalent, by at least
17.31two nationally recognized rating agencies and whose rating is A+ by A. M. Best, Inc.; and
17.32(8) any guarantee from the United States government whereby the payment of the
17.33workers' compensation liability of a self-insurer is guaranteed; and bonds which are the
17.34general obligation of the Minnesota Housing Finance Agency.
17.35(8) cash;
18.1(9) time deposits that are fully insured by any federal agency; and
18.2(10) letters of credit issued by a financial institution approved by the commissioner.

18.3    Sec. 25. Minnesota Statutes 2012, section 82B.08, is amended by adding a subdivision
18.4to read:
18.5    Subd. 2a. Criminal history record check; fingerprints. (a) An applicant for a
18.6license must:
18.7(1) consent to a criminal history record check;
18.8(2) submit a fingerprint card in a form acceptable to the commissioner; and
18.9(3) pay the fee required to perform criminal history record checks with the Minnesota
18.10Bureau of Criminal Apprehension and the Federal Bureau of Investigation.
18.11(b) The commissioner may contract for the collection and transmission of
18.12fingerprints required under this chapter and may order the fee for collecting and
18.13transmitting fingerprints to be payable directly to the contractor by the applicant. The
18.14commissioner may agree to a reasonable fingerprinting fee to be charged by the contractor.
18.15(c) The commissioner shall submit the applicant's fingerprints and consent and
18.16the required fee to the superintendent of the Bureau of Criminal Apprehension. The
18.17superintendent shall perform a check of the state criminal history repository and is
18.18authorized to exchange the applicant's fingerprints with the Federal Bureau of Investigation
18.19to obtain the national criminal history record. The superintendent shall return the results
18.20of the state and national criminal history records checks to the commissioner.
18.21(d) This subdivision applies to an applicant for an initial license or a renewal license.
18.22EFFECTIVE DATE.This section is effective January 1, 2015, and applies to
18.23persons applying for a license pursuant to Minnesota Statutes, chapter 82B, on or after that
18.24date who were not previously fingerprinted in compliance with the terms of this subdivision.

18.25    Sec. 26. Minnesota Statutes 2012, section 82B.094, is amended to read:
18.2682B.094 SUPERVISION OF TRAINEE REAL PROPERTY APPRAISERS.
18.27(a) A certified residential real property appraiser or a certified general real property
18.28appraiser, in good standing, may engage a trainee real property appraiser to assist in the
18.29performance of real estate appraisals, provided that the certified residential real property
18.30appraiser or a certified general real property appraiser:
18.31(1) has been licensed in good standing as either a certified residential real property
18.32appraiser or a certified general real property appraiser for a total of at least three years;
19.1(2) has completed a course that is specifically oriented to the requirements and
19.2responsibilities of supervisory appraisers and trainee appraisers;
19.3(3) has not been the subject of any license or certificate suspension or revocation or
19.4has not been prohibited from supervising activities in this state or any other state within
19.5the previous two years;
19.6(2) (4) has no more than three trainee real property appraisers working under
19.7supervision at any one time;
19.8(3) (5) actively and personally supervises the trainee real property appraiser, which
19.9includes ensuring that research of general and specific data has been adequately conducted
19.10and properly reported, application of appraisal principles and methodologies has been
19.11properly applied, that the analysis is sound and adequately reported, and that any analyses,
19.12opinions, or conclusions are adequately developed and reported so that the appraisal
19.13report is not misleading;
19.14(4) (6) discusses with the trainee real property appraiser any necessary and
19.15appropriate changes that are made to a report, involving any trainee appraiser, before it is
19.16transmitted to the client. Changes not discussed with the trainee real property appraiser
19.17that are made by the supervising appraiser must be provided in writing to the trainee real
19.18property appraiser upon completion of the appraisal report;
19.19(5) (7) accompanies the trainee real property appraiser on the inspections of the
19.20subject properties and drive-by inspections of the comparable sales on all appraisal
19.21assignments for which the trainee will perform work until the trainee appraiser is
19.22determined to be competent, in accordance with the competency rule of USPAP for the
19.23property type;
19.24(6) (8) accepts full responsibility for the appraisal report by signing and certifying
19.25that the report complies with USPAP; and
19.26(7) (9) reviews and signs the trainee real property appraiser's appraisal report or
19.27reports or if the trainee appraiser is not signing the report, states in the appraisal the name
19.28of the trainee and scope of the trainee's significant contribution to the report.
19.29(b) The supervising appraiser must review and sign the applicable experience log
19.30required to be kept by the trainee real property appraiser.
19.31(c) The supervising appraiser must notify the commissioner within ten days when
19.32the supervision of a trainee real property appraiser has terminated or when the trainee
19.33appraiser is no longer under the supervision of the supervising appraiser.
19.34(d) The supervising appraiser must maintain a separate work file for each appraisal
19.35assignment.
20.1(e) The supervising appraiser must verify that any trainee real property appraiser that
20.2is subject to supervision is properly licensed and in good standing with the commissioner.

20.3    Sec. 27. Minnesota Statutes 2012, section 82B.095, subdivision 2, is amended to read:
20.4    Subd. 2. Components on or after January 1, 2009 Conformance to Appraiser
20.5Qualifications Board criteria. (a) On or after January 1, 2009, an applicant for a class
20.6of license must document that the applicant has met the education, experience, and
20.7examination components in effect after January 1, 2008.
20.8(b) Qualifications for all levels of licensing must conform to the Real Property
20.9Qualification Criteria established by the Appraisal Qualifications Board for implementation
20.10effective January 1, 2008 2015.

20.11    Sec. 28. Minnesota Statutes 2012, section 82B.10, subdivision 1, is amended to read:
20.12    Subdivision 1. Generally. (a) An applicant for a license must pass an examination
20.13conducted by the commissioner. The examinations must be of sufficient scope to establish
20.14the competency of the applicant to act as a real estate appraiser and must conform
20.15with the current National Uniform Exam Content Outlines published by the Appraiser
20.16Qualifications Board.
20.17(b) A passing grade for a real estate appraiser licensing examination must be the cut
20.18score defined by the Appraiser Qualifications Board criteria.
20.19(c) To qualify for a license as a trainee real property appraiser, an applicant must
20.20pass a current trainee real property appraiser examination. The examination must test the
20.21applicant's knowledge of appraisal terms, principles, theories, and ethics as provided
20.22in this chapter.
20.23(d) To qualify for a license as a licensed real property appraiser, an applicant must
20.24pass a current uniform licensed real property appraiser examination approved by the
20.25Appraiser Qualifications Board. The examination must test the applicant's knowledge of
20.26appraisal terms, principles, theories, and ethics as provided in this chapter.
20.27(e) To qualify for a license as a certified residential real property appraiser, an
20.28applicant must pass a current uniform certified residential real property appraiser
20.29examination approved by the Appraiser Qualifications Board. The examination must test
20.30the applicant's knowledge of appraisal terms, principles, theories, and ethics as provided
20.31in this chapter.
20.32(f) To qualify for a license as a certified general real property appraiser, an applicant
20.33must pass a current uniform certified general real property appraiser examination approved
21.1by the Appraiser Qualifications Board. The examination must test the applicant's
21.2knowledge of appraisal terms, principles, theories, and ethics as provided in this chapter.
21.3(g) An applicant must complete the applicable education prerequisites in section
21.482B.13 and the experience requirements in section 82B.14 before the applicant takes the
21.5examination required under this section.
21.6EFFECTIVE DATE.This section is effective January 1, 2015, and applies to an
21.7applicant for a license on or after that date.

21.8    Sec. 29. Minnesota Statutes 2012, section 82B.13, subdivision 1, is amended to read:
21.9    Subdivision 1. Trainee real property appraiser or licensed real property
21.10appraiser. (a) As a prerequisite for licensing as a trainee real property appraiser or
21.11licensed real property appraiser, an applicant must present evidence satisfactory to the
21.12commissioner that the person has successfully completed:
21.13(1) at least 90 classroom 75 hours of prelicense courses approved by the
21.14commissioner. The courses must consist Fifteen of the 75 hours must include successful
21.15completion of general real estate appraisal principles and the 15-hour national USPAP
21.16course; and
21.17(2) in addition to the required hours under clause (1), a course that is specifically
21.18oriented to the requirements and responsibilities of supervisory appraisers and trainee
21.19appraisers.
21.20(a) After January 1, 2008, a trainee real property appraiser applicant must present
21.21evidence satisfactory to the commissioner that the person has successfully completed at
21.22least 75 hours of prelicense courses approved by the commissioner.
21.23(b) After January 1, 2008, a licensed real property appraiser applicant must present
21.24evidence satisfactory to the commissioner that the person has successfully completed
21.25at least 150 hours of prelicense courses approved by the commissioner All qualifying
21.26education must be completed within the five-year period prior to the date of submission of
21.27a trainee real property appraiser license application.

21.28    Sec. 30. Minnesota Statutes 2012, section 82B.13, is amended by adding a subdivision
21.29to read:
21.30    Subd. 1a. Licensed real property appraiser. As a prerequisite for licensing as a
21.31licensed real property appraiser, an applicant must present evidence satisfactory to the
21.32commissioner that the person has successfully completed:
22.1(1) at least 150 hours of prelicense courses approved by the commissioner. The
22.2courses must consist of 75 hours of general real estate appraisal principles and the 15-hour
22.3national USPAP course; and
22.4(2) an associate degree or higher from an accredited college or university. In lieu of
22.5the required degree, the applicant may present satisfactory documentation of successful
22.6completion of 30 semester credit hours of instruction from an accredited college or
22.7university.

22.8    Sec. 31. Minnesota Statutes 2012, section 82B.13, subdivision 4, is amended to read:
22.9    Subd. 4. Certified residential real property appraiser. As a prerequisite for
22.10licensing as a certified residential real property appraiser, an applicant must present
22.11evidence satisfactory to the commissioner that the person has successfully completed:
22.12(1) at least 120 classroom 200 hours of prelicense courses approved by the
22.13commissioner, with particular emphasis on the appraisal of one to four unit residential
22.14properties. Fifteen of the 120 200 hours must include successful completion of the
22.1515-hour national USPAP course.; and
22.16After January 1, 2008, A certified residential real property appraiser applicant
22.17must present evidence satisfactory to the commissioner that the person has successfully
22.18completed:
22.19(1) 200 hours of prelicense courses approved by the commissioner; and
22.20(2) an associate a bachelor's degree or higher from an accredited college or
22.21university. In lieu of the required degree the applicant may present satisfactory
22.22documentation of completion of 21 semester credit hours from an accredited college or
22.23university covering the following subject matter courses: English composition; principles
22.24of economics (micro or macro); finance; algebra, geometry, or higher mathematics;
22.25statistics; computer science; and business or real estate law. If an applicant has completed
22.26education requirements before January 1, 2008, no college degree is required.
22.27EFFECTIVE DATE.This section is effective January 1, 2015, and applies to an
22.28applicant for a license on or after that date.

22.29    Sec. 32. Minnesota Statutes 2012, section 82B.13, subdivision 5, is amended to read:
22.30    Subd. 5. Certified general real property appraiser. As a prerequisite for
22.31licensing as a certified general real property appraiser, an applicant must present evidence
22.32satisfactory to the commissioner that the person has successfully completed:
22.33(1) at least 180 classroom 300 hours of prelicense courses approved by the
22.34commissioner, with particular emphasis on the appraisal of nonresidential properties.
23.1Fifteen of the 180 300 hours must include successful completion of the 15-hour national
23.2USPAP course.; and
23.3After January 1, 2008, A certified general real property appraiser applicant must
23.4present evidence satisfactory to the commissioner that the person has successfully
23.5completed:
23.6(1) 300 hours of prelicense courses approved by the commissioner; and
23.7(2) a bachelor's degree or higher from an accredited college or university. In lieu of
23.8the required degree the applicant may present satisfactory documentation of completion of
23.930 semester credit hours from an accredited college or university covering the following
23.10subject matters courses: English composition; micro economics; macro economics;
23.11finance; algebra, geometry, or higher mathematics; statistics; computer science; business
23.12or real estate law; and two elective courses in accounting, geography, ag-economics,
23.13business management, or real estate. If an applicant has complete education requirements
23.14before January 1, 2008, no college degree is required.
23.15EFFECTIVE DATE.This section is effective January 1, 2015, and applies to an
23.16applicant for a license on or after that date.

23.17    Sec. 33. Minnesota Statutes 2012, section 82B.13, subdivision 8, is amended to read:
23.18    Subd. 8. Appraiser prelicense education. (a) Credit toward the qualifying
23.19education requirements of this section may also be obtained via the completion of a
23.20degree in real estate from an accredited degree-granting college or university approved
23.21by the Association to Advance Collegiate Schools of Business, or a regional or national
23.22accreditation agency recognized by the United States Secretary of Education, provided
23.23that the college or university has had its curriculum reviewed and approved by the
23.24Appraiser Qualifications Board.
23.25    (b) Notwithstanding section 45.22, a college or university real estate course may be
23.26approved retroactively by the commissioner for appraiser prelicense education credit if:
23.27    (1) the course was offered by a college or university physically located in Minnesota;
23.28    (2) the college or university was an approved education provider at the time the
23.29course was offered; and
23.30    (3) the commissioner's approval is made to the same extent in terms of courses and
23.31hours and with the same time limits as those specified by the Appraiser Qualifications
23.32Board.

23.33    Sec. 34. Minnesota Statutes 2012, section 216.17, subdivision 2, is amended to read:
24.1    Subd. 2. Service of notice, order, or other document from commission. Service of
24.2all notices, orders, and other documents by the commission may be made by mail, personal
24.3delivery, or electronic service upon any person or firm, or upon the president, general
24.4manager, or other proper executive officer of any corporation interested. If any party has
24.5appeared by attorney, such service must be made upon the attorney. Notwithstanding
24.6section 14.62, orders and decisions may be served by mail, by personal delivery, or by
24.7electronic service. The commission may provide electronic service to any person who has
24.8provided an electronic address to the commission for service purposes. For purposes of this
24.9section, the term "person" includes a natural person or an organization, whether for profit
24.10or not for profit. Regulated utilities and state agencies must provide an electronic address
24.11for electronic service purposes and must accept electronic service as official service.

24.12    Sec. 35. Minnesota Statutes 2012, section 216.17, subdivision 4, is amended to read:
24.13    Subd. 4. Service by a party, participant, or other interested person. When an
24.14applicable statute or commission rule requires service of a filing or other document by a
24.15party, participant, or other interested person upon persons on a service list maintained by the
24.16commission, service may be made by personal delivery, mail, or electronic service, except
24.17that electronic service may only be made upon persons on the official service list who have
24.18previously agreed in writing to accept electronic service at an electronic address provided
24.19to the commission for electronic service purposes. This section does not apply to the extent
24.20another provision of this chapter or chapter 216A requires a specific method of service.
24.21 Regulated utilities and state agencies must provide an electronic address to the commission
24.22for electronic service purposes and agree to accept electronic service as official service.

24.23    Sec. 36. Minnesota Statutes 2012, section 216B.18, is amended to read:
24.24216B.18 SERVICE OF NOTICE.
24.25Service of notice of all hearings, investigations, and proceedings pending before
24.26the commission and of complaints, reports, orders, and other documents must be
24.27made personally, by electronic service as provided in section 216.17, or by mail as the
24.28commission may direct. Regulated utilities and state agencies must provide an electronic
24.29address to the commission for electronic service purposes and agree to accept electronic
24.30service as official service.

24.31    Sec. 37. Minnesota Statutes 2012, section 299C.40, subdivision 1, is amended to read:
24.32    Subdivision 1. Definitions. (a) The definitions in this subdivision apply to this
24.33section.
25.1(b) "CIBRS" means the Comprehensive Incident-Based Reporting System, located
25.2in the Department of Public Safety and managed by the Bureau of Criminal Apprehension.
25.3A reference in this section to "CIBRS" includes the Bureau of Criminal Apprehension.
25.4(c) "Law enforcement agency" means a Minnesota municipal police department,
25.5the Metropolitan Transit Police, the Metropolitan Airports Police, the University of
25.6Minnesota Police Department, the Department of Corrections Fugitive Apprehension Unit,
25.7a Minnesota county sheriff's department, the Enforcement Division of the Department of
25.8Natural Resources, the Commerce Fraud Bureau, the Bureau of Criminal Apprehension,
25.9or the Minnesota State Patrol.

25.10    Sec. 38. REVISOR INSTRUCTION.
25.11Consistent with the name change in section 1, the revisor of statutes shall change
25.12the term "Division of Insurance Fraud Prevention" or similar term to "Commerce Fraud
25.13Bureau" or similar term wherever it appears in Minnesota Statutes and Minnesota Rules.

25.14    Sec. 39. REPEALER.
25.15    Subdivision 1. Petroleum tank release cleanup; PVC piping at residential
25.16locations. Minnesota Statutes 2012, section 115C.09, subdivision 3k, is repealed.
25.17    Subd. 2. Agricultural storage tank removal. Laws 2000, chapter 488, article
25.183, section 37, is repealed.
25.19    Subd. 3. Prior appraiser qualification requirements. Minnesota Statutes 2012,
25.20section 82B.095, subdivision 1, is repealed.

25.21    Sec. 40. EFFECTIVE DATE; APPLICATION.
25.22Sections 9 to 23 are effective January 1, 2014, and apply to plans of reparation
25.23security issued or renewed on or after that date.
feedback