HF 3880

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to government data practices; providing that 
  1.3             the workers' compensation reinsurance association is 
  1.4             subject to government data practices requirements; 
  1.5             amending Minnesota Statutes 1998, section 79.34, 
  1.6             subdivision 1. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1998, section 79.34, 
  1.9   subdivision 1, is amended to read: 
  1.10     Subdivision 1.  [CONDITIONS REQUIRING MEMBERSHIP.] The 
  1.11  nonprofit association known as the workers' compensation 
  1.12  reinsurance association may be incorporated under chapter 317A 
  1.13  with all the powers of a corporation formed under that chapter, 
  1.14  except that if the provisions of that chapter are inconsistent 
  1.15  with sections 79.34 to 79.40, sections 79.34 to 79.40 govern.  
  1.16  Each insurer as defined by section 79.01, subdivision 2, shall, 
  1.17  as a condition of its authority to transact workers' 
  1.18  compensation insurance in this state, be a member of the 
  1.19  reinsurance association and is bound by the plan of operation of 
  1.20  the reinsurance association; provided, that all affiliated 
  1.21  insurers within a holding company system as defined in chapter 
  1.22  60D are considered a single entity for purposes of the exercise 
  1.23  of all rights and duties of membership in the reinsurance 
  1.24  association.  Each self-insurer approved under section 176.181 
  1.25  and each political subdivision that self-insures shall, as a 
  1.26  condition of its authority to self-insure workers' compensation 
  2.1   liability in this state, be a member of the reinsurance 
  2.2   association and is bound by its plan of operation; provided that:
  2.3      (1) all affiliated companies within a holding company 
  2.4   system, as determined by the commissioner of labor and industry 
  2.5   in a manner consistent with the standards and definitions in 
  2.6   chapter 60D, are considered a single entity for purposes of the 
  2.7   exercise of all rights and duties of membership in the 
  2.8   reinsurance association; and 
  2.9      (2) all group self-insurers granted authority to 
  2.10  self-insure pursuant to section 176.181 are considered single 
  2.11  entities for purposes of the exercise of all the rights and 
  2.12  duties of membership in the reinsurance association.  As a 
  2.13  condition of its authority to self-insure workers' compensation 
  2.14  liability, and for losses incurred after December 31, 1983, the 
  2.15  state is a member of the reinsurance association and is bound by 
  2.16  its plan of operation.  The commissioner of employee relations 
  2.17  represents the state in the exercise of all the rights and 
  2.18  duties of membership in the reinsurance association.  The state 
  2.19  treasurer shall pay the premium to the reinsurance association 
  2.20  from the state compensation revolving fund upon warrants of the 
  2.21  commissioner of employee relations, except that the University 
  2.22  of Minnesota shall pay its portion of workers' compensation 
  2.23  reinsurance premiums directly to the workers' compensation 
  2.24  reinsurance association.  For the purposes of this section, 
  2.25  "state" means the administrative branch of state government, the 
  2.26  legislative branch, the judicial branch, the University of 
  2.27  Minnesota, and any other entity whose workers' compensation 
  2.28  liability is paid from the state revolving fund.  The 
  2.29  commissioner of finance may calculate, prorate, and charge a 
  2.30  department or agency the portion of premiums paid to the 
  2.31  reinsurance association for employees who are paid wholly or in 
  2.32  part by federal funds, dedicated funds, or special revenue 
  2.33  funds.  The reinsurance association is not a state agency except 
  2.34  that, for purposes of chapter 13, it is a state agency.  Actions 
  2.35  of the reinsurance association and its board of directors and 
  2.36  actions of the commissioner of labor and industry with respect 
  3.1   to the reinsurance association are not subject to chapters 13 
  3.2   and chapter 15.  All property owned by the association is exempt 
  3.3   from taxation.  The reinsurance association is not obligated to 
  3.4   make any payments or pay any assessments to any funds or pools 
  3.5   established pursuant to this chapter or chapter 176 or any other 
  3.6   law.