Skip to main content Skip to office menu Skip to footer
Capital IconMinnesota Legislature

HF 1790

1st Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - 1st Engrossment

Line numbers 1.1 1.2 1.3 1.4 1.5 1.6 1.7 1.8 1.9
1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21 1.22 1.23 1.24 1.25 1.26 2.1 2.2 2.3 2.4
2.5
2.6 2.7 2.8 2.9 2.10 2.11 2.12 2.13 2.14 2.15 2.16 2.17 2.18 2.19 2.20 2.21 2.22 2.23 2.24 2.25 2.26 2.27 2.28 2.29 2.30 2.31 2.32 2.33 2.34 2.35 3.1 3.2
3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.10 3.11 3.12 3.13 3.14 3.15 3.16 3.17 3.18 3.19 3.20 3.21 3.22 3.23 3.24 3.25 3.26 3.27 3.28 3.29 3.30 3.31
3.32
3.33 3.34 4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 4.9 4.10 4.11 4.12 4.13 4.14 4.15 4.16 4.17 4.18
4.19
4.20 4.21 4.22 4.23
4.24
4.25 4.26 4.27 4.28 4.29 4.30 4.31
4.32

A bill for an act
relating to commerce; providing a payment mechanism for technology used by
the Department of Commerce in connection with licensing of insurance agents,
real estate brokers and salespersons, and real estate appraisers; providing certain
producer training requirements; appropriating money; amending Minnesota
Statutes 2006, sections 60K.55, subdivision 2; 82.24, subdivisions 1, 4; 82B.09,
subdivision 1; proposing coding for new law in Minnesota Statutes, chapters
45; 60K.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [45.24] LICENSE TECHNOLOGY FEES.
new text end

new text begin (a) The commissioner may establish and maintain an electronic licensing database
system for license origination, renewal, and tracking the completion of continuing
education requirements by individual licensees who have continuing education
requirements, and other related purposes.
new text end

new text begin (b) The commissioner shall pay for the cost of operating and maintaining the
electronic database system described in paragraph (a) through a technology surcharge
imposed upon the fee for license origination and renewal, for individual licenses that
require continuing education.
new text end

new text begin (c) The surcharge permitted under paragraph (b) shall be up to $40 for each two-year
licensing period, except as otherwise provided in paragraph (f), and shall be payable at the
time of license origination and renewal.
new text end

new text begin (d) The Commerce Department technology account is hereby created as an account
in the special revenue fund.
new text end

new text begin (e) The commissioner shall deposit the surcharge permitted under this section in
the account created in paragraph (d), and funds in the account are appropriated to the
commissioner in the amounts needed for purposes of this section.
new text end

new text begin (f) The commissioner shall temporarily reduce or suspend the surcharge as necessary
if the balance in the account created in paragraph (d) exceeds $2,000,000 as of the end of
any calendar year and shall increase or decrease the surcharge as necessary to keep the
fund balance at an adequate level but not in excess of $2,000,000.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2.

new text begin [60K.365] PRODUCER TRAINING REQUIREMENTS FOR
LONG-TERM CARE PARTNERSHIP PROGRAM INSURANCE PRODUCTS.
new text end

new text begin (a) An individual may not sell, solicit, or negotiate long-term care insurance
unless the individual is licensed as an insurance producer for accident and health or
sickness insurance or life insurance and has completed an initial training course and
ongoing training every 24 months thereafter. The training shall meet the requirements of
paragraph (b).
new text end

new text begin (b) The initial training course required by this subdivision shall be no less than
eight hours and the ongoing training courses required by this subdivision shall be no less
than four hours every 24 months. The courses shall be approved by the Department of
Commerce and may be approved as continuing education courses under section 60K.56.
The courses shall consist of topics related to long-term care insurance, long-term care
services, and, if applicable, qualified state long-term care insurance partnership programs,
including but not limited to:
new text end

new text begin (1) state and federal regulations and requirements and the relationship between
qualified state long-term care insurance partnership programs and other public and private
coverage of long-term care services, including Medicaid;
new text end

new text begin (2) available long-term care services and providers;
new text end

new text begin (3) changes or improvements in long-term care services or providers;
new text end

new text begin (4) alternatives to the purchase of private long-term care insurance;
new text end

new text begin (5) the effect of inflation on benefits and the importance of inflation protection; and
new text end

new text begin (6) consumer suitability standards and guidelines.
new text end

new text begin The training required by this subdivision shall not include training that is insurer or
company product specific or that includes any sales or marketing information, materials,
or training, other than those required by state or federal law.
new text end

new text begin (c) Insurers shall obtain verification that a producer has received the training
required by this subdivision before a producer is permitted to sell, solicit, or negotiate the
insurer's long-term care insurance products. Insurers shall maintain records verifying
that the producer has received the training contained in this subdivision and make that
verification available to the commissioner upon request.
new text end

new text begin (d) Currently licensed producers must complete the initial training course by January
1, 2008.
new text end

Sec. 3.

Minnesota Statutes 2006, section 60K.55, subdivision 2, is amended to read:


Subd. 2.

Licensing fees.

(a) In addition to fees provided for examinationsnew text begin and the
technology surcharge required under paragraph (d)
new text end , each insurance producer licensed
under this chapter shall pay to the commissioner a fee of:

(1) $50 for an initial life, accident and health, property, or casualty license issued to
an individual insurance producer, and a fee of $50 for each renewal;

(2) $50 for an initial variable life and variable annuity license issued to an individual
insurance producer, and a fee of $50 for each renewal;

(3) $50 for an initial personal lines license issued to an individual insurance
producer, and a fee of $50 for each renewal;

(4) $50 for an initial limited lines license issued to an individual insurance producer,
and a fee of $50 for each renewal;

(5) $200 for an initial license issued to a business entity, and a fee of $200 for each
renewal; and

(6) $500 for an initial surplus lines license, and a fee of $500 for each renewal.

(b) Initial licenses issued under this chapter are valid for a period not to exceed 24
months and expire on October 31 of the renewal year assigned by the commissioner.
Each renewal insurance producer license is valid for a period of 24 months. Licensees
who submit renewal applications postmarked or delivered on or before October 15 of the
renewal year may continue to transact business whether or not the renewal license has been
received by November 1. Licensees who submit applications postmarked or delivered
after October 15 of the renewal year must not transact business after the expiration date
of the license until the renewal license has been received.

(c) All fees are nonreturnable, except that an overpayment of any fee may be
refunded upon proper application.

new text begin (d) In addition to the fees required under paragraph (a), individual insurance
producers shall pay, for each initial license and renewal, a technology surcharge of up to
$40 under section 45.24, unless the commissioner has adjusted the surcharge as permitted
under that section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective October 1, 2007.
new text end

Sec. 4.

Minnesota Statutes 2006, section 82.24, subdivision 1, is amended to read:


Subdivision 1.

Amounts.

The following fees shall be paid to the commissioner:

(a) a fee of $150 for each initial individual broker's license, and a fee of $100 for
each renewal thereof;

(b) a fee of $70 for each initial salesperson's license, and a fee of $40 for each
renewal thereof;

(c) a fee of $85 for each initial real estate closing agent license, and a fee of $60
for each renewal thereof;

(d) a fee of $150 for each initial corporate, limited liability company, or partnership
license, and a fee of $100 for each renewal thereof;

(e) a fee for payment to the education, research and recovery fund in accordance
with section 82.43;

(f) a fee of $20 for each transfer;

(g) a fee of $50 for license reinstatement; deleted text begin and
deleted text end

(h) a fee of $20 for reactivating a corporate, limited liability company, or partnership
license without landnew text begin ; and
new text end

new text begin (i) in addition to the fees required under this subdivision, individual licensees under
clauses (a) and (b) shall pay, for each initial license and renewal, a technology surcharge
of up to $40 under section 45.24, unless the commissioner has adjusted the surcharge
as permitted under that section
new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective June 1, 2007.
new text end

Sec. 5.

Minnesota Statutes 2006, section 82.24, subdivision 4, is amended to read:


Subd. 4.

Deposit of fees.

Unless otherwise provided by this chapter, all fees
collected under this chapter shall be deposited in the state treasury.new text begin The technology
surcharge shall be deposited as required under section 45.24.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective June 1, 2007.
new text end

Sec. 6.

Minnesota Statutes 2006, section 82B.09, subdivision 1, is amended to read:


Subdivision 1.

Amounts.

new text begin (a) new text end The following fees must be paid to the commissioner:

(1) $150 for each initial individual real estate appraiser's license; and

(2) $100 for each renewal.

new text begin (b) In addition to the fees required under this subdivision, individual real estate
appraisers shall pay a technology surcharge of up to $40 under section 45.24, unless the
commissioner has adjusted the surcharge as permitted under that section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2007.
new text end