Journal of the House - 111th Day - Saturday, May 20, 2006 - Top of Page 8021


 

 

STATE OF MINNESOTA

 

 

EIGHTY-FOURTH SESSION - 2006

 

_____________________

 

ONE HUNDRED ELEVENTH DAY

 

Saint Paul, Minnesota, Saturday, May 20, 2006

 

 

      The House of Representatives convened at 11:00 a.m. and was called to order by Steve Sviggum, Speaker of the House.

 

      Prayer was offered by the Reverend Lonnie E. Titus, House Chaplain.

 

      The members of the House gave the pledge of allegiance to the flag of the United States of America.

 

      The roll was called and the following members were present:

 


Abeler

Abrams

Anderson, B.

Atkins

Beard

Bernardy

Blaine

Bradley

Brod

Buesgens

Carlson

Charron

Clark

Cornish

Cox

Cybart

Davids

Davnie

Dean

DeLaForest

Demmer

Dempsey

Dill

Dittrich

Dorman

Dorn

Eastlund

Eken

Ellison

Emmer

Entenza

Erhardt

Erickson

Finstad

Fritz

Garofalo

Gazelka

Greiling

Gunther

Hackbarth

Hamilton

Hansen

Hausman

Haws

Heidgerken

Hilstrom

Hilty

Holberg

Hoppe

Hornstein

Hortman

Hosch

Howes

Huntley

Jaros

Johnson, J.

Johnson, R.

Johnson, S.

Juhnke

Kahn

Kelliher

Klinzing

Knoblach

Koenen

Kohls

Krinkie

Lanning

Larson

Latz

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Magnus

Mahoney

Mariani

Marquart

McNamara

Meslow

Moe

Mullery

Murphy

Nelson, P.

Newman

Nornes

Olson

Otremba

Ozment

Paulsen

Paymar

Pelowski

Penas

Peppin

Peterson, A.

Peterson, N.

Peterson, S.

Poppe

Powell

Rukavina

Ruth

Ruud

Sailer

Samuelson

Scalze

Seifert

Sertich

Severson

Sieben

Simon

Simpson

Slawik

Smith

Soderstrom

Solberg

Sykora

Thao

Thissen

Tingelstad

Urdahl

Vandeveer

Wagenius

Walker

Wardlow

Welti

Westerberg

Westrom

Wilkin

Zellers

Spk. Sviggum


 

      A quorum was present.

 

      Anderson, I., was excused.

 

      Goodwin was excused until 12:30 p.m.  Nelson, M., was excused until 3:05 p.m.

 

      The Chief Clerk proceeded to read the Journal of the preceding day.  Meslow moved that further reading of the Journal be suspended and that the Journal be approved as corrected by the Chief Clerk.  The motion prevailed.


Journal of the House - 111th Day - Saturday, May 20, 2006 - Top of Page 8022


PETITIONS AND COMMUNICATIONS

 

 

      The following communications were received:

 

 

STATE OF MINNESOTA

OFFICE OF THE GOVERNOR

SAINT PAUL 55155

 

May 16, 2006

 

The Honorable Steve Sviggum

Speaker of the House of Representatives

The State of Minnesota

 

Dear Speaker Sviggum:

 

      Please be advised that I have received, approved, signed, and deposited in the Office of the Secretary of State the following House Files:

 

      H. F. No. 3670, relating to agriculture; changing certain food law provisions.

 

      H. F. No. 2697, relating to traffic regulations; authorizing use of communications headset by firefighters operating fire department emergency vehicle in emergency.

 

 

                                                                                                                                Sincerely,

 

                                                                                                                                Tim Pawlenty

                                                                                                                                Governor

 

 

STATE OF MINNESOTA

OFFICE OF THE SECRETARY OF STATE

ST. PAUL 55155

 

The Honorable Steve Sviggum

Speaker of the House of Representatives

 

The Honorable James P. Metzen

President of the Senate

 

      I have the honor to inform you that the following enrolled Acts of the 2006 Session of the State Legislature have been received from the Office of the Governor and are deposited in the Office of the Secretary of State for preservation, pursuant to the State Constitution, Article IV, Section 23:

 

 

S. F.

No.

 

H. F.

No.

 

Session Laws

Chapter No.

Time and

Date Approved

2006

 

Date Filed

2006

 

       1287                                                202                                        4:45 p.m. May 16                                        May 17

                                 3670                      203                                        4:57 p.m. May 16                                        May 17


Journal of the House - 111th Day - Saturday, May 20, 2006 - Top of Page 8023


                2883                        207          4:53 p.m. May 16  May 17

                                 2697                      208                                        5:00 p.m. May 16                                        May 17

       1039                                                211                                        4:50 p.m. May 16                                        May 17

 

 

                                                                                                                                Sincerely,

 

                                                                                                                                Mary Kiffmeyer

                                                                                                                                Secretary of State

 

 

INTRODUCTION AND FIRST READING OF HOUSE BILLS

 

 

      The following House File was introduced:

 

 

      Sertich and Rukavina introduced:

 

      H. F. No. 4220, A bill for an act relating to taconite production taxation; modifying the uses of the taconite economic development fund; amending Minnesota Statutes 2004, section 298.227.

 

      The bill was read for the first time and referred to the Committee on Jobs and Economic Opportunity Policy and Finance.

 

 

MESSAGES FROM THE SENATE

 

 

      The following messages were received from the Senate:

 

 

Mr. Speaker:

 

      I hereby announce the passage by the Senate of the following House Files, herewith returned:

 

      H. F. No. 3472, A bill for an act relating to transportation; amending definition of recreational vehicle combination; amending Minnesota Statutes 2005 Supplement, sections 169.01, subdivision 78; 169.81, subdivision 3c.

 

      H. F. No. 3288, A bill for an act relating to public safety; making the chair of the Metropolitan Council or designee a member of the Statewide Radio Board; amending Minnesota Statutes 2005 Supplement, section 403.36, subdivision 1.

 

Patrick E. Flahaven, Secretary of the Senate

 

 

Mr. Speaker:

 

      I hereby announce that the Senate accedes to the request of the House for the appointment of a Conference Committee on the amendments adopted by the Senate to the following House File:

 

      H. F. No. 3116, A bill for an act relating to game and fish; restricting the use of four by four trucks on certain public lands; modifying critical habitat private sector matching account provisions; providing definitions; providing for and modifying disposition of certain revenue; modifying provisions for designating game refuges; modifying


Journal of the House - 111th Day - Saturday, May 20, 2006 - Top of Page 8024


restrictions on motorized watercraft and recreational vehicles in wildlife management areas; providing for inspection of equipment used to take wild animals; modifying certain penalty and fee amounts; modifying certain game and fish license provisions; authorizing the marking of canoe and boating routes; modifying firearms possession provisions for persons under 16; providing for collecting antler sheds; modifying firearms safety course requirements; modifying certain provisions for taking and possessing game and fish; modifying restrictions on using lights to locate animals; modifying provisions for fishing contests; authorizing county bounties on coyotes; providing for a moratorium on use of public waters for aquaculture; modifying regulation of all-terrain vehicles; creating two classes of all-terrain vehicles; requiring rulemaking; removing a spearing restriction; appropriating money; amending Minnesota Statutes 2004, sections 84.803, subdivision 2; 84.92, subdivision 8, by adding subdivisions; 84.928, by adding a subdivision; 84.943, subdivision 3; 85.32, subdivision 1; 97A.015, by adding subdivisions; 97A.055, subdivision 2; 97A.065, subdivision 2; 97A.075, subdivision 1; 97A.085, subdivision 4; 97A.101, subdivision 4; 97A.251, subdivision 1; 97A.321; 97A.465, by adding a subdivision; 97A.475, subdivision 2; 97A.535, subdivision 1; 97B.015, by adding a subdivision; 97B.021, subdivision 1, by adding a subdivision; 97B.081, subdivision 1; 97B.301, subdivision 7; 97B.311; 97C.025; 97C.081, subdivisions 4, 6, 8, 9; 97C.205; 97C.315, subdivision 2; 97C.355, subdivision 7; 97C.371, subdivisions 3, 4; Minnesota Statutes 2005 Supplement, sections 84.9256, subdivision 1; 84.9257; 84.926, subdivision 4; 84.928, subdivision 1; 97A.405, subdivision 4; 97A.475, subdivision 3; 97A.551, subdivision 6; 197.65; proposing coding for new law in Minnesota Statutes, chapters 84; 97B; 348; repealing Minnesota Statutes 2004, section 97C.355, subdivision 6; Minnesota Rules, part 6264.0400, subpart 8, item H.

 

      The Senate has appointed as such committee:

 

      Senators Saxhaug, Kubly and Jungbauer.

 

      Said House File is herewith returned to the House.

 

Patrick E. Flahaven, Secretary of the Senate

 

 

      The Speaker called Davids to the Chair.

 

 

Mr. Speaker:

 

      I hereby announce that the Senate refuses to concur in the House amendments to the following Senate File:

 

      S. F. No. 3199, A bill for an act relating to family law; changing certain child support and maintenance provisions; amending Minnesota Statutes 2004, sections 518.175, subdivision 1; 518.551, subdivision 6, by adding a subdivision; 518.5513, subdivision 3; Minnesota Statutes 2005 Supplement, section 518.005, subdivision 6; Laws 2005, chapter 164, sections 4; 5; 8; 9; 10; 11; 14; 15; 16; 17, subdivision 1; 18; 20; 21; 22, subdivisions 2, 3, 4, 16, 17, 18; 23, subdivisions 1, 2; 24; 25; 26, subdivision 2, as amended; 31; 32; proposing coding for new law in Minnesota Statutes, chapter 518; repealing Minnesota Statutes 2004, section 518.54, subdivision 6; Laws 2005, chapter 164, section 12.

 

      The Senate respectfully requests that a Conference Committee be appointed thereon.  The Senate has appointed as such committee:

 

      Senators Neuville, Betzold and Skoglund.

 

      Said Senate File is herewith transmitted to the House with the request that the House appoint a like committee.

 

Patrick E. Flahaven, Secretary of the Senate


Journal of the House - 111th Day - Saturday, May 20, 2006 - Top of Page 8025


                Smith moved that the House accede to the request of the Senate and that the Speaker appoint a Conference Committee of 3 members of the House to meet with a like committee appointed by the Senate on the disagreeing votes of the two houses on S. F. No. 3199.  The motion prevailed.

 

 

Mr. Speaker:

 

      I hereby announce the passage by the Senate of the following House File, herewith returned, as amended by the Senate, in which amendments the concurrence of the House is respectfully requested:

 

      H. F. No. 3451, A bill for an act relating to governmental operations; regulating certain historic properties; providing standards for dedication of land to the public in a proposed development; authorizing a dedication fee on certain new housing units; authorizing the conveyance of certain surplus state lands; requiring a study and report; removing a route from the trunk highway system; amending Minnesota Statutes 2004, section 462.358, subdivision 2b; proposing coding for new law in Minnesota Statutes, chapter 15; repealing Minnesota Statutes 2004, section 161.115, subdivisions 173, 225.

 

Patrick E. Flahaven, Secretary of the Senate

 

 

      Anderson, B., moved that the House refuse to concur in the Senate amendments to H. F. No. 3451, that the Speaker appoint a Conference Committee of 3 members of the House, and that the House requests that a like committee be appointed by the Senate to confer on the disagreeing votes of the two houses.  The motion prevailed.

 

 

Mr. Speaker:

 

      I hereby announce the passage by the Senate of the following House File, herewith returned, as amended by the Senate, in which amendments the concurrence of the House is respectfully requested:

 

H. F. No. 3995, A bill for an act relating to claims against the state; providing for settlement of various claims; appropriating money. 

 

Patrick E. Flahaven, Secretary of the Senate

 

 

CONCURRENCE AND REPASSAGE

 

      Anderson, B., moved that the House concur in the Senate amendments to H. F. No. 3995 and that the bill be repassed as amended by the Senate.  The motion prevailed.

 

      H. F. No. 3995, A bill for an act relating to claims against the state; providing for settlement of various claims; appropriating money. 

 

 

      The bill was read for the third time, as amended by the Senate, and placed upon its repassage.

 

      The question was taken on the repassage of the bill and the roll was called.  There were 128 yeas and 3 nays as follows:

 

      Those who voted in the affirmative were:

 


Abeler

Abrams

Anderson, B.

Atkins

Beard

Bernardy

Blaine

Bradley

Brod

Carlson

Charron

Clark

Cornish

Cox

Cybart

Davids

Davnie

Dean


Journal of the House - 111th Day - Saturday, May 20, 2006 - Top of Page 8026


DeLaForest

Demmer

Dempsey

Dill

Dittrich

Dorman

Dorn

Eastlund

Eken

Ellison

Emmer

Entenza

Erhardt

Erickson

Finstad

Fritz

Garofalo

Gazelka

Greiling

Gunther

Hackbarth

Hamilton

Hansen

Hausman

Haws

Heidgerken

Hilstrom

Hilty

Holberg

Hoppe

Hornstein

Hortman

Hosch

Howes

Huntley

Jaros

Johnson, J.

Johnson, R.

Johnson, S.

Juhnke

Kahn

Kelliher

Klinzing

Knoblach

Koenen

Kohls

Lanning

Larson

Latz

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Magnus

Mahoney

Mariani

Marquart

McNamara

Meslow

Moe

Mullery

Murphy

Nelson, P.

Newman

Nornes

Otremba

Ozment

Paulsen

Paymar

Pelowski

Penas

Peppin

Peterson, A.

Peterson, N.

Peterson, S.

Poppe

Powell

Rukavina

Ruth

Ruud

Sailer

Samuelson

Scalze

Seifert

Sertich

Severson

Sieben

Simon

Simpson

Slawik

Smith

Soderstrom

Solberg

Sykora

Thao

Thissen

Tingelstad

Urdahl

Vandeveer

Wagenius

Walker

Wardlow

Welti

Westerberg

Westrom

Wilkin

Zellers

Spk. Sviggum


 

 

      Those who voted in the negative were:

 


Buesgens

Krinkie

Olson


 

 

      The bill was repassed, as amended by the Senate, and its title agreed to.

 

 

      The following Conference Committee Reports were received:

 

 

CONFERENCE COMMITTEE REPORT ON H. F. NO. 3185

 

      A bill for an act relating to high pressure piping; classifying data relating to bioprocess piping and equipment as nonpublic; including bioprocess piping in the definition of high pressure piping; amending Minnesota Statutes 2004, sections 16B.61, subdivisions 2, 3; 326.461, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 13.

 

May 18, 2006

 

The Honorable Steve Sviggum

Speaker of the House of Representatives

 

The Honorable James P. Metzen

President of the Senate

 

We, the undersigned conferees for H. F. No. 3185 report that we have agreed upon the items in dispute and recommend as follows:

 

That the Senate recede from its amendments.

 

 

We request the adoption of this report and repassage of the bill.

 

House Conferees:  Tim Mahoney, Dean Simpson and Tim Wilkin.

 

Senate Conferees:  Linda Scheid, Michael J. Jungbauer and Thomas M. Bakk.


Journal of the House - 111th Day - Saturday, May 20, 2006 - Top of Page 8027


                Mahoney moved that the report of the Conference Committee on H. F. No. 3185 be adopted and that the bill be repassed as amended by the Conference Committee.  The motion prevailed.

 

 

      H. F. No. 3185, A bill for an act relating to high pressure piping; classifying data relating to bioprocess piping and equipment as nonpublic; including bioprocess piping in the definition of high pressure piping; amending Minnesota Statutes 2004, sections 16B.61, subdivisions 2, 3; 326.461, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 13.

 

 

      The bill was read for the third time, as amended by Conference, and placed upon its repassage.

 

      The question was taken on the repassage of the bill and the roll was called.  There were 130 yeas and 0 nays as follows:

 

      Those who voted in the affirmative were:

 


Abeler

Abrams

Anderson, B.

Atkins

Beard

Bernardy

Blaine

Bradley

Brod

Buesgens

Carlson

Charron

Clark

Cornish

Cox

Cybart

Davids

Davnie

Dean

DeLaForest

Demmer

Dempsey

Dill

Dittrich

Dorman

Dorn

Eastlund

Eken

Ellison

Emmer

Entenza

Erhardt

Erickson

Finstad

Fritz

Garofalo

Gazelka

Greiling

Gunther

Hackbarth

Hamilton

Hansen

Hausman

Haws

Heidgerken

Hilstrom

Hilty

Holberg

Hoppe

Hornstein

Hortman

Hosch

Howes

Huntley

Jaros

Johnson, J.

Johnson, R.

Johnson, S.

Juhnke

Kahn

Kelliher

Klinzing

Knoblach

Koenen

Kohls

Krinkie

Lanning

Larson

Latz

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Magnus

Mahoney

Mariani

Marquart

McNamara

Meslow

Moe

Mullery

Murphy

Nelson, P.

Newman

Nornes

Olson

Otremba

Ozment

Paulsen

Paymar

Pelowski

Penas

Peppin

Peterson, A.

Peterson, N.

Peterson, S.

Poppe

Powell

Rukavina

Ruth

Ruud

Sailer

Samuelson

Scalze

Seifert

Sertich

Severson

Sieben

Simon

Simpson

Slawik

Smith

Soderstrom

Solberg

Sykora

Thao

Thissen

Tingelstad

Urdahl

Wagenius

Walker

Wardlow

Welti

Westerberg

Westrom

Wilkin

Zellers

Spk. Sviggum


 

 

      The bill was repassed, as amended by Conference, and its title agreed to.

 

 

CONFERENCE COMMITTEE REPORT ON H. F. NO. 3779

 

      A bill for an act relating to adults-only businesses; requiring notice by certified mail to the appropriate statutory or home-rule charter city under certain circumstances; proposing coding for new law in Minnesota Statutes, chapter 617.

 

May 18, 2006

 

The Honorable Steve Sviggum

Speaker of the House of Representatives

 

The Honorable James P. Metzen

President of the Senate

 

We, the undersigned conferees for H. F. No. 3779 report that we have agreed upon the items in dispute and recommend as follows:


Journal of the House - 111th Day - Saturday, May 20, 2006 - Top of Page 8028


That the House concur in the Senate amendments and that H. F. No. 3779 be further amended as follows:

 

Page 2, line 10, delete "sexually oriented entertainment; and" and insert "nudity;"

 

Page 2, line 11, delete the period and insert "; and"

 

Page 2, after line 11, insert:

 

"(3) nudity has the meaning given in section 617.292, subdivision 3."

 

Page 2, line 12, delete "city" and insert "local government unit"

 

Page 2, line 18, after the period, insert "If the adult entertainment establishment is proposed to be located outside the boundaries of a statutory or home rule charter city the notice must be given to the clerk of the town board and the county auditor of the county in which the establishment is proposed to be located."

 

Page 2, line 19, delete "chief clerical"

 

Page 2, lines 20 and 21, after "body" insert "or town board"

 

Page 2, lines 25 and 27, after "city" insert "or town"

 

Page 2, line 26, after "city" insert "or the town board"

 

Page 3, line 3, after "establishment" insert "located in a statutory or home rule city, town, or county that does not regulate hours of operation"

 

Page 3, line 5, delete ".  An adult entertainment establishment" and insert "and"

 

Page 3, line 19, after "county" insert ", town,"

 

Page 3, line 21, after "county" insert ", town," in both places

 

Page 3, delete line 24 and insert "county, town, or city, and the county, town, or city ordinance applies.  If a county, town, or city adopts an"

 

Page 3, line 27, after "county" insert ", town,"

 

Amend the title as follows:

 

Page 1, line 2, delete "city or county" and insert "city, town, or county"

 

Page 1, line 4, delete "cities and counties" and insert "cities, towns, and counties"

 

 

We request the adoption of this report and repassage of the bill.

 

House Conferees:  Dean Urdahl, Tom Emmer and Tom Rukavina.

 

Senate Conferees:  Steve Dille, Yvonne Prettner Solon and Thomas M. Neuville.


Journal of the House - 111th Day - Saturday, May 20, 2006 - Top of Page 8029


                Urdahl moved that the report of the Conference Committee on H. F. No. 3779 be adopted and that the bill be repassed as amended by the Conference Committee.  The motion prevailed.

 

 

      H. F. No. 3779, A bill for an act relating to adults-only businesses; requiring notice by certified mail to the appropriate statutory or home-rule charter city under certain circumstances; proposing coding for new law in Minnesota Statutes, chapter 617.

 

 

      The bill was read for the third time, as amended by Conference, and placed upon its repassage.

 

      The question was taken on the repassage of the bill and the roll was called.  There were 129 yeas and 1 nay as follows:

 

      Those who voted in the affirmative were:

 


Abeler

Abrams

Anderson, B.

Atkins

Beard

Bernardy

Blaine

Bradley

Brod

Buesgens

Carlson

Charron

Clark

Cornish

Cox

Cybart

Davids

Davnie

Dean

DeLaForest

Demmer

Dempsey

Dill

Dittrich

Dorman

Dorn

Eastlund

Ellison

Emmer

Entenza

Erhardt

Erickson

Finstad

Fritz

Garofalo

Gazelka

Greiling

Gunther

Hackbarth

Hamilton

Hansen

Hausman

Haws

Heidgerken

Hilstrom

Hilty

Holberg

Hoppe

Hornstein

Hortman

Hosch

Howes

Huntley

Johnson, J.

Johnson, R.

Johnson, S.

Juhnke

Kahn

Kelliher

Klinzing

Knoblach

Koenen

Kohls

Krinkie

Lanning

Larson

Latz

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Magnus

Mahoney

Mariani

Marquart

McNamara

Meslow

Moe

Mullery

Murphy

Nelson, P.

Newman

Nornes

Olson

Otremba

Ozment

Paulsen

Paymar

Pelowski

Penas

Peppin

Peterson, A.

Peterson, N.

Peterson, S.

Poppe

Powell

Rukavina

Ruth

Ruud

Sailer

Samuelson

Scalze

Seifert

Sertich

Severson

Sieben

Simon

Simpson

Slawik

Smith

Soderstrom

Solberg

Sykora

Thao

Thissen

Tingelstad

Urdahl

Vandeveer

Wagenius

Walker

Wardlow

Welti

Westerberg

Westrom

Wilkin

Zellers

Spk. Sviggum


 

 

      Those who voted in the negative were:

 


Jaros


 

 

      The bill was repassed, as amended by Conference, and its title agreed to.

 

 

ANNOUNCEMENTS BY THE SPEAKER

 

      The Speaker announced the appointment of the following members of the House to a Conference Committee on S. F. No. 3199:

 

      Smith, Meslow and Mahoney.


Journal of the House - 111th Day - Saturday, May 20, 2006 - Top of Page 8030


                The Speaker announced the appointment of the following members of the House to a Conference Committee on H. F. No. 3451:

 

      Anderson, B.; Hornstein and Charron.

 

 

CALENDAR FOR THE DAY

 

 

      S. F. No. 2743 was reported to the House.

 

 

      Westrom moved to amend S. F. No. 2743 as follows:

 

      Delete everything after the enacting clause and insert the following language of H. F. No. 3110, the first engrossment:

 

"Section 1.  Minnesota Statutes 2005 Supplement, section 206.56, subdivision 1b, is amended to read:

 

Subd. 1b.  Audio ballot reader.  "Audio ballot reader" means an audio representation of a ballot that can be used with other assistive voting technology to permit a voter to mark votes on a nonelectronic ballot or to securely transmit a ballot electronically to automatic tabulating equipment in the polling place.

 

Sec. 2.  Minnesota Statutes 2005 Supplement, section 206.56, subdivision 3, is amended to read:

 

Subd. 3.  Ballot.  "Ballot" includes paper ballots, ballot cards, and the paper ballot marked by an electronic marking device, and an electronic record of each vote cast by a voter at an election and securely transmitted electronically to automatic tabulating equipment in the polling place.

 

Sec. 3.  Minnesota Statutes 2005 Supplement, section 206.56, subdivision 7a, is amended to read:

 

Subd. 7a.  Electronic ballot display.  "Electronic ballot display" means a graphic representation of a ballot on a computer monitor or screen on which a voter may make vote choices for candidates and questions for the purpose of marking a nonelectronic ballot or securely transmitting an electronic ballot to automatic tabulating equipment in the polling place.

 

Sec. 4.  Minnesota Statutes 2005 Supplement, section 206.56, subdivision 7b, is amended to read:

 

Subd. 7b.  Electronic ballot marker.  "Electronic ballot marker" means equipment that is part of an electronic voting system that uses an electronic ballot display or audio ballot reader to:

 

(1) mark a nonelectronic ballot with votes selected by a voter; or

 

(2) securely transmit a ballot electronically to automatic tabulating equipment in the polling place.

 

Sec. 5.  Minnesota Statutes 2005 Supplement, section 206.56, subdivision 8, is amended to read:

 

Subd. 8.  Electronic voting system.  "Electronic voting system" means a system in which the voter records votes by means of marking or transmitting a ballot, so that votes may be counted by automatic tabulating equipment in the polling place where the ballot is cast or at a counting center.


Journal of the House - 111th Day - Saturday, May 20, 2006 - Top of Page 8031


An electronic voting system includes automatic tabulating equipment; nonelectronic ballot markers; electronic ballot markers, including electronic ballot display, audio ballot reader, and devices by which the voter will register the voter's voting intent; software used to program automatic tabulators and layout ballots; computer programs used to accumulate precinct results; ballots; secrecy folders; system documentation; and system testing results.

 

Sec. 6.  Minnesota Statutes 2005 Supplement, section 206.61, subdivision 5, is amended to read:

 

Subd. 5.  Alternation.  The provisions of the election laws requiring the alternation of names of candidates must be observed as far as practicable by changing the order of the names on an electronic voting system in the various precincts so that each name appears on the machines or marking devices used in a municipality substantially an equal number of times in the first, last, and in each intermediate place in the list or group in which they belong.  However, the arrangement of candidates' names must be the same on all voting systems used in the same precinct.  If the number of names to be alternated exceeds the number of precincts, the election official responsible for providing the ballots, in accordance with subdivision 1, shall determine by lot the alternation of names.

 

If an electronic ballot marker is used with a paper ballot that is not an optical scan ballot card, the manner of alternation of candidate names on the paper ballot must be as prescribed for optical scan ballots in this subdivision.  If a machine is used to securely transmit a ballot electronically to automatic tabulating equipment in the polling place, the manner of alternation of candidate names on the transmitting machine must be as prescribed for optical scan ballots in this subdivision.

 

Sec. 7.  Minnesota Statutes 2005 Supplement, section 206.80, is amended to read:

 

206.80 ELECTRONIC VOTING SYSTEMS. 

 

(a) An electronic voting system may not be employed unless it:

 

(1) permits every voter to vote in secret;

 

(2) permits every voter to vote for all candidates and questions for whom or upon which the voter is legally entitled to vote;

 

(3) provides for write-in voting when authorized;

 

(4) automatically rejects, except as provided in section 206.84 with respect to write-in votes, all votes for an office or question when the number of votes cast on it exceeds the number which the voter is entitled to cast;

 

(5) permits a voter at a primary election to select secretly the party for which the voter wishes to vote;

 

(6) automatically rejects all votes cast in a primary election by a voter when the voter votes for candidates of more than one party; and

 

(7) provides every voter an opportunity to verify votes recorded on the permanent paper ballot or paper record, either visually or using assistive voting technology, and to change votes or correct any error before the voter's ballot is cast and counted, produces an individual, discrete, permanent, paper ballot or paper record of the ballot cast by the voter, and preserves the paper ballot or paper record as an official record available for use in any recount.

 

(b) An electronic voting system purchased on or after June 4, 2005, may not be employed unless it:

 

(1) accepts and tabulates, in the polling place or at a counting center, a marked optical scan ballot; or


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(2) creates a marked optical scan ballot that can be tabulated in the polling place or at a counting center by automatic tabulating equipment certified for use in this state; or

 

(3) securely transmits a ballot electronically to automatic tabulating equipment in the polling place while creating an individual, discrete, permanent paper record of each vote on the ballot.

 

Sec. 8.  Minnesota Statutes 2005 Supplement, section 206.805, subdivision 1, is amended to read:

 

Subdivision 1.  Contracts required.  (a) The secretary of state, with the assistance of the commissioner of administration, shall establish one or more state voting systems contracts.  The contracts should, if practical, include provisions for maintenance of the equipment purchased.  The voting systems contracts must address precinct-based optical scan voting equipment, and ballot marking equipment for persons with disabilities and other voters, and assistive voting machines that combine voting methods used for persons with disabilities with precinct-based optical scan voting machines.  The contracts must give the state a perpetual license to use and modify the software.  The contracts must include provisions to escrow the software source code, as provided in subdivision 2.  Bids for voting systems and related election services must be solicited from each vendor selling or leasing voting systems that have been certified for use by the secretary of state.  The contracts must be renewed from time to time.

 

(b) The secretary of state shall appoint an advisory committee, including representatives of the state chief information officer, county auditors, municipal clerks who have had operational experience with the use of electronic voting systems, and members of the disabilities community to advise the secretary of state in reviewing and evaluating the merits of proposals submitted from voting equipment vendors for the state contracts.

 

(c) Counties and municipalities may purchase or lease voting systems and obtain related election services from the state contracts.

 

Sec. 9.  Minnesota Statutes 2005 Supplement, section 206.83, is amended to read:

 

206.83 TESTING OF VOTING SYSTEMS. 

 

Within 14 days before election day, the official in charge of elections shall have the voting system tested to ascertain that the system will correctly mark or securely transmit to automatic tabulating equipment in the polling place ballots using all methods supported by the system, including through assistive technology, and count the votes cast for all candidates and on all questions.  Public notice of the time and place of the test must be given at least two days in advance by publication once in official newspapers.  The test must be observed by at least two election judges, who are not of the same major political party, and must be open to representatives of the political parties, candidates, the press, and the public.  The test must be conducted by (1) processing a preaudited group of ballots punched or marked to record a predetermined number of valid votes for each candidate and on each question, and must include for each office one or more ballot cards which have votes in excess of the number allowed by law in order to test the ability of the voting system tabulator and electronic ballot marker to reject those votes; and (2) processing an additional test deck of ballots marked using the electronic ballot marker for the precinct, including ballots marked or ballots securely transmitted electronically to automatic tabulating equipment in the polling place using the electronic ballot display, audio ballot reader, and any assistive voting technology used with the electronic ballot marker.  If any error is detected, the cause must be ascertained and corrected and an errorless count must be made before the voting system may be used in the election.  After the completion of the test, the programs used and ballot cards must be sealed, retained, and disposed of as provided for paper ballots.

 

Sec. 10.  Minnesota Statutes 2005 Supplement, section 206.90, subdivision 8, is amended to read:

 

Subd. 8.  Duties of election officials.  The official in charge of elections in each municipality where an optical scan voting system is used shall have the electronic ballot marker that examines and marks votes on ballot cards or the machine that securely transmits a ballot electronically to automatic tabulating equipment in the polling place and the automatic tabulating equipment that examines and counts votes as ballot cards are deposited into ballot boxes put in order, set, adjusted, and made ready for voting when delivered to the election precincts.


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Sec. 11.  [206.91] VOTING MACHINES OPTIONS WORKING GROUP. 

 

(a) A working group is hereby established to investigate and recommend to the legislature requirements for additional options for voting equipment that complies with the requirements of section 301 of the Help America Vote Act, Public Law 107-252, to provide private and independent voting for individuals with disabilities.

 

The working group must be cochaired by representatives of the Minnesota Disability Law Center and Citizens for Election Integrity - Minnesota.

 

(b) The working group must convene its first meeting by June 2006 and must report to the legislature by February 15, 2007.

 

(c) The working group must include, but is not limited to:

 

(1) the disability community;

 

(2) the secretary of state;

 

(3) county and local election officials;

 

(4) major and minor political parties;

 

(5)(i) one member of the senate majority caucus and one member of the senate minority caucus appointed by the Subcommittee on Committees of the Committee on Rules and Administration; and

 

(ii) one member of the house majority caucus and one member of the house minority caucus appointed by the speaker;

 

(6) nonpartisan organizations;

 

(7) at least one individual with computer security expertise and knowledge of elections; and

 

(8) members of the public, other than vendors of election equipment, selected by consensus of the other members, including representatives of language and other minorities.

 

(d) Members of the working group will be selected by:

 

(1) a representative of the Office of the Secretary of State;

 

(2) a representative of the county election officials;

 

(3) the cochairs; and

 

(4) two legislators representing each party.

 

Sec. 12.  EFFECTIVE DATE. 

 

Sections 1 to 11 are effective the day following final enactment."


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                Delete the title and insert:

 

      "A bill for an act relating to elections; setting the criteria for voting systems to be used in elections; establishing a voting machines options working group; amending Minnesota Statutes 2005 Supplement, sections 206.56, subdivisions 1b, 3, 7a, 7b, 8; 206.61, subdivision 5; 206.80; 206.805, subdivision 1; 206.83; 206.90, subdivision 8; proposing coding for new law in Minnesota Statutes, chapter 206."

 

 

      The motion prevailed and the amendment was adopted.

 

 

      Hilty; Slawik; Westrom; Ellison; Seifert; Bernardy; Johnson, J.; Kelliher; Emmer and Sertich moved to amend S. F. No. 2743, as amended, as follows:

 

      Delete everything after the enacting clause and insert:

 

"Section 1.  [5B.01] FINDINGS; PURPOSE. 

 

The legislature finds that individuals attempting to escape from actual or threatened domestic violence, sexual assault, or stalking frequently establish new addresses in order to prevent their assailants or probable assailants from finding them.  The purpose of this chapter is to enable state and local agencies to respond to requests for data without disclosing the location of a victim of domestic violence, sexual assault, or stalking; to enable interagency cooperation with the secretary of state in providing address confidentiality for victims of domestic violence, sexual assault, or stalking; and to enable program participants to use an address designated by the secretary of state as a substitute mailing address for all purposes.

 

EFFECTIVE DATE.  This section is effective September 1, 2007.

 

Sec. 2.  [5B.02] DEFINITIONS. 

 

(a) For purposes of this chapter and unless the context clearly requires otherwise, the definitions in this section have the meanings given them.

 

(b) "Address" means a residential street address, school address, or work address of an individual, as specified on the individual's application to be a program participant under this chapter.

 

(c) "Applicant" means an adult, a parent or guardian acting on behalf of an eligible minor, or a guardian acting on behalf of an incapacitated person, as defined in section 524.5-102.

 

(d) "Domestic violence" means an act as defined in section 518B.01, subdivision 2, paragraph (a), and includes a threat of such acts committed against an individual in a domestic situation, regardless of whether these acts or threats have been reported to law enforcement officers.

 

(e) "Eligible person" means an adult, a minor, or an incapacitated person, as defined in section 524.5-102 for whom there is good reason to believe (i) that the eligible person is a victim of domestic violence, sexual assault, or stalking, or (ii) that the eligible person fears for his or her safety or the safety of persons on whose behalf the application is made.

 

(f) "Program participant" means an individual certified as a program participant under section 5B.03.


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(g) "Stalking" means acts criminalized under section 609.749 and includes a threat of such acts committed against an individual, regardless of whether these acts or threats have been reported to law enforcement officers.

 

EFFECTIVE DATE.  This section is effective September 1, 2007.

 

Sec. 3.  [5B.03] ADDRESS CONFIDENTIALITY PROGRAM. 

 

Subdivision 1.  Application.  The secretary of state shall certify an eligible person as a program participant when the secretary receives an application that must contain:

 

(1) the name of the eligible person;

 

(2) a statement by the applicant that the applicant has good reason to believe (i) that the eligible person listed on the application is a victim of domestic violence, sexual assault, or stalking, (ii) that the eligible person fears for the person's safety or the safety of persons on whose behalf the application is made, and (iii) that the eligible person is not applying for certification as a program participant in order to avoid prosecution for a crime;

 

(3) a designation of the secretary of state as agent for purposes of service of process and for the purpose of receipt of mail;

 

(4) the mailing address where the eligible person can be contacted by the secretary of state, and the phone number or numbers where the applicant or eligible person can be called by the secretary of state;

 

(5) the physical address or addresses of the eligible person, disclosure of which will increase the risk of domestic violence, sexual assault, or stalking;

 

(6) a statement whether the eligible person would like information on becoming an ongoing absentee ballot recipient pursuant to section 5B.06; and

 

(7) the signature of the applicant, an indicator of the applicant's authority to act on behalf of the eligible person, if appropriate, the name and signature of any individual or representative of any person who assisted in the preparation of the application, and the date on which the application was signed.

 

Subd. 2.  Filing.  Applications must be filed with the secretary of state and are subject to the provisions of section 5.15.

 

Subd. 3.  Certification.  Upon filing a completed application, the secretary of state shall certify the eligible person as a program participant.  Program participants shall be certified for four years following the date of filing unless the certification is cancelled, withdrawn or invalidated before that date.  The secretary of state shall by rule establish a renewal procedure.

 

Subd. 4.  Changes in information.  Program participants or applicants must inform the secretary of state of any changes in the information submitted on the application.

 

Subd. 5.  Designated address.  The secretary of state must designate a mailing address to which all mail for program participants is to be sent.

 

Subd. 6.  Attaining age of majority.  An individual who became a program participant as a minor assumes responsibility for changes in information and renewal when the individual reaches age 18.

 

EFFECTIVE DATE.  This section is effective September 1, 2007.


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Sec. 4.  [5B.04] CERTIFICATION CANCELLATION. 

 

(a) If the program participant obtains a legal change of identity, the participant loses certification as a program participant.

 

(b) The secretary of state may cancel a program participant's certification if there is a change in the mailing address, unless the program participant or the person who signed as the applicant on behalf of an eligible person provides the secretary of state with at least two days' prior notice in writing of the change of address.

 

(c) The secretary of state may cancel certification of a program participant if mail forwarded by the secretary to the program participant's address is returned as nondeliverable.

 

(d) The secretary of state shall cancel certification of a program participant who applies using false information.

 

EFFECTIVE DATE.  This section is effective September 1, 2007.

 

Sec. 5.  [5B.05] USE OF DESIGNATED ADDRESS. 

 

(a) When a program participant presents the address designated by the secretary of state to any person, that address must be accepted as the address of the program participant.

 

(b) A program participant may use the address designated by the secretary of state as the program participant's work address.

 

(c) The Office of the Secretary of State shall forward all mail sent to the designated address to the proper program participants.

 

EFFECTIVE DATE.  This section is effective September 1, 2007.

 

Sec. 6.  [5B.06] VOTING BY PROGRAM PARTICIPANT; USE OF DESIGNATED ADDRESS BY COUNTY AUDITOR. 

 

A program participant who is otherwise eligible to vote may register with the secretary of state as an ongoing absentee voter.  The secretary of state shall determine the precinct in which the residential address of the program participant is located and shall request from and receive from the county auditor or other election official the ballot for that precinct and shall forward the absentee ballot to the program participant with the other materials for absentee balloting as required by Minnesota law.  The program participant shall complete the ballot and return it to the secretary of state, who shall review the ballot in the manner provided by section 203B.24.  If the ballot and ballot materials comply with the requirements of that section, the ballot must be certified by the secretary of state as the ballot of a program participant, and must be forwarded to the appropriate electoral jurisdiction for tabulation along with all other ballots.  The name and address of a program participant must not be listed in the statewide voter registration system.

 

EFFECTIVE DATE.  This section is effective September 1, 2007.

 

Sec. 7.  [5B.07] DATA CLASSIFICATION. 

 

All data related to applicants, eligible persons and program participants is private data as defined by section 13.02, subdivision 12.  A consent for release of information from an applicant,, eligible person, or program participant is not effective.

 

EFFECTIVE DATE.  This section is effective September 1, 2007.


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Sec. 8.  [5B.08] ADOPTION OF RULES. 

 

Enactment of this section satisfies the requirements of section 14.388, subdivision 1 for the enactment of rules to facilitate the administration of this chapter by state and local agencies.

 

EFFECTIVE DATE.  This section is effective September 1, 2007.

 

Sec. 9.  Minnesota Statutes 2005 Supplement, section 10.60, subdivision 3, is amended to read:

 

Subd. 3.  Prohibitions.  (a) A Web site or publication must not include pictures or other materials that tend to attribute the Web site or publication to an individual or group of individuals instead of to a public office, state agency, or political subdivision.  A publication must not include the words "with the compliments of" or contain letters of personal greeting that promote an elected or appointed official of a state agency or political subdivision.

 

(b) A Web site, other than a Web site maintained by a public library or the election-related Web site maintained by the office of the secretary of state or the Campaign Finance and Public Disclosure Board, may not contain a link to a Weblog or site maintained by a candidate, a political committee, a political party or party unit, a principal campaign committee, or a state committee.  Terms used in this paragraph have the meanings given them in chapter 10A, except that "candidate" also includes a candidate for an elected office of a political subdivision.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.

 

Sec. 10.  Minnesota Statutes 2005 Supplement, section 10.60, subdivision 4, is amended to read:

 

Subd. 4.  Permitted material.  (a) Material specified in this subdivision may be included on a Web site or in a publication, but only if the material complies with subdivision 2.  This subdivision is not a comprehensive list of material that may be contained on a Web site or in a publication, if the material complies with subdivision 2.

 

(b) A Web site or publication may include biographical information about an elected or appointed official, a single official photograph of the official, and photographs of the official performing functions related to the office.  There is no limitation on photographs, Webcasts, archives of Webcasts, and audio or video files that facilitate access to information or services or inform the public about the duties and obligations of the office or that are intended to promote trade or tourism.  A state Web site or publication may include photographs or information involving civic or charitable work done by the governor's spouse, provided that these activities relate to the functions of the governor's office.

 

(c) A Web site or publication may include press releases, proposals, policy positions, and other information directly related to the legal functions, duties, and jurisdiction of a public official or organization.

 

(d) The election-related Web site maintained by the office of the secretary of state shall provide links to:

 

(1) the campaign Web site of any candidate for legislative, constitutional, judicial, or federal office who requests or whose campaign committee requests such a link and provides in writing a valid URL address to the office of the secretary of state; and

 

(2) the Web site of any individual or group advocating for or against or providing neutral information with respect to any ballot question, where the individual or group requests such a link and provides in writing a valid Web site address and valid e-mail address to the office of the secretary of state.


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These links must be provided on the election-related Web site maintained by the office of the secretary of state from the opening of filing for the office in question until the business day following the day on which the State Canvassing Board has declared the results of the state general election, or November 30 of the year in which the election has taken place, whichever date is earlier.  The link must be activated on the election-related Web site maintained by the office of the secretary of state within two business days of receipt of the request from a qualified candidate or committee.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.

 

Sec. 11.  Minnesota Statutes 2005 Supplement, section 10A.01, subdivision 26, is amended to read:

 

Subd. 26.  Noncampaign disbursement.  "Noncampaign disbursement" means a purchase or payment of money or anything of value made, or an advance of credit incurred, or a donation in kind received, by a principal campaign committee for any of the following purposes:

 

(1) payment for accounting and legal services;

 

(2) return of a contribution to the source;

 

(3) repayment of a loan made to the principal campaign committee by that committee;

 

(4) return of a public subsidy;

 

(5) payment for food, beverages, entertainment, and facility rental for a fund-raising event;

 

(6) services for a constituent by a member of the legislature or a constitutional officer in the executive branch, including the costs of preparing and distributing a suggestion or idea solicitation to constituents, performed from the beginning of the term of office to adjournment sine die of the legislature in the election year for the office held, and half the cost of services for a constituent by a member of the legislature or a constitutional officer in the executive branch performed from adjournment sine die to 60 days after adjournment sine die;

 

(7) payment for food and beverages consumed by a candidate or volunteers while they are engaged in campaign activities;

 

(8) payment for food or a beverage consumed while attending a reception or meeting directly related to legislative duties;

 

(9) payment of expenses incurred by elected or appointed leaders of a legislative caucus in carrying out their leadership responsibilities;

 

(10) payment by a principal campaign committee of the candidate's expenses for serving in public office, other than for personal uses;

 

(11) costs of child care for the candidate's children when campaigning;

 

(12) fees paid to attend a campaign school;

 

(13) costs of a postelection party during the election year when a candidate's name will no longer appear on a ballot or the general election is concluded, whichever occurs first;

 

(14) interest on loans paid by a principal campaign committee on outstanding loans;


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(15) filing fees;

 

(16) post-general election thank-you notes or advertisements in the news media;

 

(17) the cost of campaign material purchased to replace defective campaign material, if the defective material is destroyed without being used;

 

(18) contributions to a party unit;

 

(19) payments for funeral gifts or memorials; and

 

(20) the cost of a magnet less than six inches in diameter containing legislator contact information and distributed to constituents; and

 

(21) other purchases or payments specified in board rules or advisory opinions as being for any purpose other than to influence the nomination or election of a candidate or to promote or defeat a ballot question.

 

The board must determine whether an activity involves a noncampaign disbursement within the meaning of this subdivision.

 

A noncampaign disbursement is considered to be made in the year in which the candidate made the purchase of goods or services or incurred an obligation to pay for goods or services.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.

 

Sec. 12.  [13.805] ADDRESS CONFIDENTIALITY DATA CODED ELSEWHERE. 

 

Subdivision 1.  Scope.  The section referred to in subdivision 2 is codified outside this chapter.  This section classifies address confidentiality program data as other than public.

 

Subd. 2.  Address confidentiality program.  Data maintained by the Office of the Secretary of State regarding the address confidentiality program are governed by section 5B.07.

 

EFFECTIVE DATE.  This section is effective September 1, 2007.

 

Sec. 13.  Minnesota Statutes 2004, section 201.061, subdivision 1, is amended to read:

 

Subdivision 1.  Prior to election day.  At any time except during the 20 days immediately preceding any regularly scheduled election, an eligible voter or any individual who will be an eligible voter at the time of the next election may register to vote in the precinct in which the voter maintains residence by completing a voter registration application as described in section 201.071, subdivision 1, and submitting it in person or by mail to the county auditor of that county or to the Secretary of State's Office.  A registration that is received no later than 5:00 p.m. on the 21st day preceding any election shall be accepted.  An improperly addressed or delivered registration application shall be forwarded within two working days after receipt to the county auditor of the county where the voter maintains residence.  A state or local agency or an individual that accepts completed voter registration applications from a voter must submit the completed applications to the secretary of state or the appropriate county auditor within ten days after the applications are dated by the voter.

 

For purposes of this section, mail registration is defined as a voter registration application delivered to the secretary of state, county auditor, or municipal clerk by the United States Postal Service or a commercial carrier.

 

EFFECTIVE DATE.  This section is effective July 1, 2006.


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Sec. 14.  Minnesota Statutes 2005 Supplement, section 201.061, subdivision 3, is amended to read:

 

Subd. 3.  Election day registration.  (a) An individual who is eligible to vote may register on election day by appearing in person at the polling place for the precinct in which the individual maintains residence, by completing a registration application, making an oath in the form prescribed by the secretary of state and providing proof of residence.  An individual may prove residence for purposes of registering by:

 

(1) presenting a driver's license or Minnesota identification card issued pursuant to section 171.07;

 

(2) presenting any document approved by the secretary of state as proper identification;

 

(3) presenting one of the following:

 

(i) a current valid student identification card from a postsecondary educational institution in Minnesota, if a list of students from that institution has been prepared under section 135A.17 and certified to the county auditor in the manner provided in rules of the secretary of state; or

 

(ii) a current student fee statement that contains the student's valid address in the precinct together with a picture identification card; or

 

(4) having a voter who is registered to vote in the precinct, or who is an employee employed by and working in a residential facility in the precinct and vouching for a resident in the facility, sign an oath in the presence of the election judge vouching that the voter or employee personally knows that the individual is a resident of the precinct.  A voter who has been vouched for on election day may not sign a proof of residence oath vouching for any other individual on that election day.  A voter who is registered to vote in the precinct may sign up to 15 proof-of-residence oaths on any election day.  This limitation does not apply to an employee of a residential facility described in this clause.  The secretary of state shall provide a form for election judges to use in recording the number of individuals for whom a voter signs proof-of-residence oaths on election day.  The form must include space for the maximum number of individuals for whom a voter may sign proof-of-residence oaths.  For each proof-of-residence oath, the form must include a statement that the voter is registered to vote in the precinct, personally knows that the individual is a resident of the precinct, and is making the statement on oath.  The form must include a space for the voter's printed name, signature, telephone number, and address.

 

The oath required by this subdivision and Minnesota Rules, part 8200.9939, must be attached to the voter registration application and the information on the oath must be recorded on the records of both the voter registering on election day and the voter who is vouching for the person's residence, and entered into the statewide voter registration system by the county auditor when the voter registration application is entered into that system.

 

(b) The operator of a residential facility shall prepare a list of the names of its employees currently working in the residential facility and the address of the residential facility.  The operator shall certify the list and provide it to the appropriate county auditor no less than 20 days before each election for use in election day registration.

 

(c) "Residential facility" means transitional housing as defined in section 256E.33, subdivision 1; a supervised living facility licensed by the commissioner of health under section 144.50, subdivision 6; a nursing home as defined in section 144A.01, subdivision 5; a residence registered with the commissioner of health as a housing with services establishment as defined in section 144D.01, subdivision 4; a veterans home operated by the board of directors of the Minnesota Veterans Homes under chapter 198; a residence licensed by the commissioner of human services to provide a residential program as defined in section 245A.02, subdivision 14; a residential facility for persons with a developmental disability licensed by the commissioner of human services under section 252.28; group residential housing as defined in section 256I.03, subdivision 3; a shelter for battered women as defined in section 611A.37, subdivision 4; or a supervised publicly or privately operated shelter or dwelling designed to provide temporary living accommodations for the homeless.


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(d) For tribal band members, an individual may prove residence for purposes of registering by:

 

(1) presenting an identification card issued by the tribal government of a tribe recognized by the Bureau of Indian Affairs, United States Department of the Interior, that contains the name, address, signature, and picture of the individual; or

 

(2) presenting an identification card issued by the tribal government of a tribe recognized by the Bureau of Indian Affairs, United States Department of the Interior, that contains the name, signature, and picture of the individual and also presenting one of the documents listed in Minnesota Rules, part 8200.5100, subpart 2, item B.

 

(e) A county, school district, or municipality may require that an election judge responsible for election day registration initial each completed registration application.

 

EFFECTIVE DATE.  This section is effective July 1, 2006.

 

Sec. 15.  Minnesota Statutes 2004, section 202A.155, is amended to read:

 

202A.155 INTERPRETER SERVICES; CAUCUS MATERIALS. 

 

A communicatively impaired individual who needs interpreter services at a precinct caucus shall so notify the major political party whose caucus the individual plans to attend.  Written Notice must be given by certified letter or electronic mail to the county or legislative district committee state office of the major political party at least 30 days before the precinct caucus date.  The major political party, not later than 14 days before the precinct caucus date, shall promptly attempt to secure the services of one or more interpreters if available and shall assume responsibility for the cost of the services if provided.  The state central committee of the major political party shall determine the process for reimbursing interpreters.

 

A visually impaired individual may notify the county or legislative district committee of the major political party whose precinct caucus the individual plans to attend, that the individual requires caucus materials in audio tape, Braille, or large type format.  Upon receiving the request, the county or legislative district committee shall provide all official written caucus materials as soon as they are available, so that the visually impaired individual may have them converted to audio tape, Braille, or large print format prior to the precinct caucus.

 

Sec. 16.  Minnesota Statutes 2004, section 203B.02, subdivision 1, is amended to read:

 

Subdivision 1.  Unable to go to polling place.  (a) Any eligible voter who reasonably expects to be unable to go to the polling place on election day in the precinct where the individual maintains residence because of absence from the precinct,; illness, including isolation or quarantine under sections 144.419 to 144.4196 or United States Code, title 42, sections 264 to 272; disability,; religious discipline,; observance of a religious holiday,; or service as an election judge in another precinct may vote by absentee ballot as provided in sections 203B.04 to 203B.15.

 

(b) If the governor has declared an emergency and filed the declaration with the secretary of state under section 12.31, and the declaration states that the emergency has made it difficult for voters to go to the polling place on election day, any voter in a precinct covered by the declaration may vote by absentee ballot as provided in sections 203B.04 to 203B.15.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.


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Sec. 17.  Minnesota Statutes 2004, section 203B.06, subdivision 3, is amended to read:

 

Subd. 3.  Delivery of ballots.  (a) If an application for absentee ballots is accepted at a time when absentee ballots are not yet available for distribution, the county auditor, or municipal clerk accepting the application shall file it and as soon as absentee ballots are available for distribution shall mail them to the address specified in the application.  If an application for absentee ballots is accepted when absentee ballots are available for distribution, the county auditor or municipal clerk accepting the application shall promptly:

 

(a) (1) Mail the ballots to the voter whose signature appears on the application if the application is submitted by mail and does not request commercial shipping under clause (2);

 

(2) ship the ballots to the voter using a commercial shipper requested by the voter at the voter's expense;

 

(b) (3) Deliver the absentee ballots directly to the voter if the application is submitted in person; or

 

(c) (4) Deliver the absentee ballots in a sealed transmittal envelope to an agent who has been designated to bring the ballots to a voter who is a patient in a health care facility, as provided in section 203B.11, subdivision 4, a participant in a residential program for adults licensed under section 245A.02, subdivision 14, or a resident of a shelter for battered women as defined in section 611A.37, subdivision 4.

 

(b) If an application does not indicate the election for which absentee ballots are sought, the county auditor or municipal clerk shall mail or deliver only the ballots for the next election occurring after receipt of the application.  Only one set of ballots may be mailed, shipped, or delivered to an applicant for any election, except as provided in section 203B.13, subdivision 2, or when a replacement ballot has been requested by the voter for a ballot that has been spoiled or lost in transit.

 

Sec. 18.  Minnesota Statutes 2004, section 203B.11, subdivision 4, is amended to read:

 

Subd. 4.  Agent delivery of ballots.  During the four days preceding an election and until 2:00 p.m. on election day, an eligible voter who is a patient of a health care facility, a participant in a residential program for adults licensed under section 245A.02, subdivision 14, or a resident of a shelter for battered women as defined in section 611A.37, subdivision 4, may designate an agent to deliver the ballots to the voter from the county auditor or municipal clerk.  A candidate at the election may not be designated as an agent.  The voted ballots must be returned to the county auditor or municipal clerk no later than 3:00 p.m. on election day.  The voter must complete an affidavit requesting the auditor or clerk to provide the agent with the ballots in a sealed transmittal envelope.  The affidavit must include a statement from the voter stating that the ballots were delivered to the voter by the agent in the sealed transmittal envelope.  An agent may deliver ballots to no more than three persons in any election.  The secretary of state shall provide samples of the affidavit and transmission envelope for use by the county auditors.

 

Sec. 19.  Minnesota Statutes 2004, section 204B.40, is amended to read:

 

204B.40 BALLOTS; ELECTION RECORDS AND OTHER MATERIALS; DISPOSITION; INSPECTION OF BALLOTS. 

 

The county auditors, municipal clerks, and school district clerks shall retain all election materials returned to them after any election for at least 22 months from the date of that election.  All election materials involved in a contested election must be retained for 22 months or until the contest has been finally determined, whichever is later.  Abstracts filed by canvassing boards shall be retained permanently by any officer with whom those abstracts are filed.  Election materials no longer required to be retained pursuant to this section shall be disposed of in accordance with sections 138.163 to 138.21.  Sealed envelopes containing voted ballots must be retained unopened, except as provided in this section, in a secure location.  The county auditor, municipal clerk, or school district clerk shall not permit any voted ballots to be tampered with or defaced.


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After the time for filing a notice of contest for an election has passed, the secretary of state may, for the purpose of monitoring and evaluating election procedures: (1) open the sealed ballot envelopes and inspect the ballots for that election maintained by the county auditors, municipal clerks, or school district clerks for the purpose of monitoring and evaluating election procedures.; (2) inspect the polling place rosters and completed voter registration applications; or (3) examine other forms required in the Minnesota election laws for use in the polling place.  No inspected ballot or document may be marked or identified in any manner.  After inspection, all ballots must be returned to the ballot envelope and the ballot envelope must be securely resealed.  Any other election materials inspected or examined must be secured or resealed.  No polling place roster may be inspected until the voting history for that precinct has been posted.  No voter registration application may be inspected until the information on it has been entered into the statewide registration system.

 

Sec. 20.  [204C.035] DECEPTIVE PRACTICES IN ELECTIONS. 

 

Subdivision 1.  Criminal penalty.  No person shall knowingly deceive another person regarding the time, place, or manner of conducting an election or the qualifications for or restrictions on voter eligibility for an election, with the intent to prevent the individual from voting in the election.  A violation of this section is a gross misdemeanor.

 

Subd. 2.  Reporting false election information.  Any person may report to the county auditor or municipal clerk an act of deception regarding the time, place, or manner of conducting an election or the qualifications for or restrictions on voter eligibility for an election.  The election official to whom the report was made shall provide accurate information to the person who reported the incorrect information in a timely manner, and may provide information about the act of deception and accurate information to mass media outlets in any affected area.  The county attorney may subsequently proceed under subdivision 1.

 

EFFECTIVE DATE.  This section is effective August 1, 2006, and applies to offenses committed on or after that date.

 

Sec. 21.  Minnesota Statutes 2004, section 204C.07, is amended by adding a subdivision to read:

 

Subd. 5.  Prohibited challenges.  Challengers and the political parties that appointed them must not compile lists of voters to challenge on the basis of mail sent by a political party that was returned as undeliverable or if receipt by the intended recipient was not acknowledged in the case of registered mail.  This subdivision applies to any local, state, or national affiliate of a political party that has appointed challengers, as well as any subcontractors, vendors, or other individuals acting as agents on behalf of a political party.

 

A violation of this subdivision is a gross misdemeanor.

 

EFFECTIVE DATE.  This section is effective the day following final enactment and applies to offenses committed on or after that date.

 

Sec. 22.  Minnesota Statutes 2005 Supplement, section 204C.10, is amended to read:

 

204C.10 PERMANENT REGISTRATION; VERIFICATION OF REGISTRATION. 

 

(a) An individual seeking to vote shall sign a polling place roster which states that the individual is at least 18 years of age, a citizen of the United States, has resided in Minnesota for 20 days immediately preceding the election, maintains residence at the address shown, is not under a guardianship in which the court order revokes the individual's right to vote, has not been found by a court of law to be legally incompetent to vote or convicted of a felony without having civil rights restored has the right to vote because, if the individual was convicted of a felony, the felony sentence has expired or been completed or the individual has been discharged from the sentence, is registered and has not already voted in the election.  The roster must also state: "I understand that deliberately providing false information is a felony punishable by not more than five years imprisonment and a fine of not more than $10,000, or both."


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(b) A judge may, before the applicant signs the roster, confirm the applicant's name, address, and date of birth.

 

(c) After the applicant signs the roster, the judge shall give the applicant a voter's receipt.  The voter shall deliver the voter's receipt to the judge in charge of ballots as proof of the voter's right to vote, and thereupon the judge shall hand to the voter the ballot.  The voters' receipts must be maintained during the time for notice of filing an election contest.

 

EFFECTIVE DATE.  This section is effective July 1, 2006.

 

Sec. 23.  Minnesota Statutes 2004, section 204C.15, subdivision 1, is amended to read:

 

Subdivision 1.  Interpreters; Physical assistance in marking ballots.  A voter who claims a need for assistance because of inability to read English or physical inability to mark a ballot may obtain the aid of two election judges who are members of different major political parties.  The election judges shall mark the ballots as directed by the voter and in as secret a manner as circumstances permit.  If the voter is deaf or cannot speak English or understand it when it is spoken, the election judges may select two individuals who are members of different major political parties to act as interpreters provide assistance.  The interpreters individuals shall assist the individual voter in marking the ballots.  A voter in need of assistance may alternatively obtain the assistance of any individual the voter chooses.  Only the following persons may not provide assistance to a voter:  the voter's employer, an agent of the voter's employer, an officer or agent of the voter's union, or a candidate for election.  The person who assists the voter shall, unaccompanied by an election judge, retire with that voter to a booth and mark the ballot as directed by the voter.  No person who assists another voter as provided in the preceding sentence shall mark the ballots of more than three voters at one election.  Before the ballots are deposited, the voter may show them privately to an election judge to ascertain that they are marked as the voter directed.  An election judge or other individual assisting a voter shall not in any manner request, persuade, induce, or attempt to persuade or induce the voter to vote for any particular political party or candidate.  The election judges or other individuals who assist the voter shall not reveal to anyone the name of any candidate for whom the voter has voted or anything that took place while assisting the voter.

 

Sec. 24.  Minnesota Statutes 2005 Supplement, section 206.56, subdivision 1b, is amended to read:

 

Subd. 1b.  Audio ballot reader.  "Audio ballot reader" means an audio representation of a ballot that can be used with other assistive voting technology to permit a voter to mark votes on a nonelectronic ballot or to securely transmit a ballot electronically to automatic tabulating equipment in the polling place.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.

 

Sec. 25.  Minnesota Statutes 2005 Supplement, section 206.56, subdivision 3, is amended to read:

 

Subd. 3.  Ballot.  "Ballot" includes paper ballots, ballot cards, and the paper ballot marked by an electronic marking device, and an electronic record of each vote cast by a voter at an election and securely transmitted electronically to automatic tabulating equipment in the polling place.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.

 

Sec. 26.  Minnesota Statutes 2005 Supplement, section 206.56, subdivision 7a, is amended to read:

 

Subd. 7a.  Electronic ballot display.  "Electronic ballot display" means a graphic representation of a ballot on a computer monitor or screen on which a voter may make vote choices for candidates and questions for the purpose of marking a nonelectronic ballot or securely transmitting an electronic ballot to automatic tabulating equipment in the polling place.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.


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Sec. 27.  Minnesota Statutes 2005 Supplement, section 206.56, subdivision 7b, is amended to read:

 

Subd. 7b.  Electronic ballot marker.  "Electronic ballot marker" means equipment that is part of an electronic voting system that uses an electronic ballot display or audio ballot reader to:

 

(1) mark a nonelectronic ballot with votes selected by a voter; or

 

(2) securely transmit a ballot electronically to automatic tabulating equipment in the polling place.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.

 

Sec. 28.  Minnesota Statutes 2005 Supplement, section 206.56, subdivision 8, is amended to read:

 

Subd. 8.  Electronic voting system.  "Electronic voting system" means a system in which the voter records votes by means of marking or transmitting a ballot, so that votes may be counted by automatic tabulating equipment in the polling place where the ballot is cast or at a counting center.

 

An electronic voting system includes automatic tabulating equipment; nonelectronic ballot markers; electronic ballot markers, including electronic ballot display, audio ballot reader, and devices by which the voter will register the voter's voting intent; software used to program automatic tabulators and layout ballots; computer programs used to accumulate precinct results; ballots; secrecy folders; system documentation; and system testing results.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.

 

Sec. 29.  Minnesota Statutes 2005 Supplement, section 206.61, subdivision 5, is amended to read:

 

Subd. 5.  Alternation.  The provisions of the election laws requiring the alternation of names of candidates must be observed as far as practicable by changing the order of the names on an electronic voting system in the various precincts so that each name appears on the machines or marking devices used in a municipality substantially an equal number of times in the first, last, and in each intermediate place in the list or group in which they belong.  However, the arrangement of candidates' names must be the same on all voting systems used in the same precinct.  If the number of names to be alternated exceeds the number of precincts, the election official responsible for providing the ballots, in accordance with subdivision 1, shall determine by lot the alternation of names.

 

If an electronic ballot marker is used with a paper ballot that is not an optical scan ballot card, the manner of alternation of candidate names on the paper ballot must be as prescribed for optical scan ballots in this subdivision.  If a machine is used to securely transmit a ballot electronically to automatic tabulating equipment in the polling place, the manner of alternation of candidate names on the transmitting machine must be as prescribed for optical scan ballots in this subdivision.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.

 

Sec. 30.  Minnesota Statutes 2005 Supplement, section 206.80, is amended to read:

 

206.80 ELECTRONIC VOTING SYSTEMS. 

 

(a) An electronic voting system may not be employed unless it:

 

(1) permits every voter to vote in secret;


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(2) permits every voter to vote for all candidates and questions for whom or upon which the voter is legally entitled to vote;

 

(3) provides for write-in voting when authorized;

 

(4) automatically rejects, except as provided in section 206.84 with respect to write-in votes, all votes for an office or question when the number of votes cast on it exceeds the number which the voter is entitled to cast;

 

(5) permits a voter at a primary election to select secretly the party for which the voter wishes to vote;

 

(6) automatically rejects all votes cast in a primary election by a voter when the voter votes for candidates of more than one party; and

 

(7) provides every voter an opportunity to verify votes recorded on the permanent paper ballot or paper record, either visually or using assistive voting technology, and to change votes or correct any error before the voter's ballot is cast and counted, produces an individual, discrete, permanent, paper ballot or paper record of the ballot cast by the voter, and preserves the paper ballot or paper record as an official record available for use in any recount.

 

(b) An electronic voting system purchased on or after June 4, 2005, may not be employed unless it:

 

(1) accepts and tabulates, in the polling place or at a counting center, a marked optical scan ballot; or

 

(2) creates a marked optical scan ballot that can be tabulated in the polling place or at a counting center by automatic tabulating equipment certified for use in this state; or

 

(3) securely transmits a ballot electronically to automatic tabulating equipment in the polling place while creating an individual, discrete, permanent paper record of each vote on the ballot.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.

 

Sec. 31.  Minnesota Statutes 2005 Supplement, section 206.805, subdivision 1, is amended to read:

 

Subdivision 1.  Contracts required.  (a) The secretary of state, with the assistance of the commissioner of administration, shall establish one or more state voting systems contracts.  The contracts should, if practical, include provisions for maintenance of the equipment purchased.  The voting systems contracts must address precinct-based optical scan voting equipment, and ballot marking equipment for persons with disabilities and other voters, and assistive voting machines that combine voting methods used for persons with disabilities with precinct-based optical scan voting machines.  The contracts must give the state a perpetual license to use and modify the software.  The contracts must include provisions to escrow the software source code, as provided in subdivision 2.  Bids for voting systems and related election services must be solicited from each vendor selling or leasing voting systems that have been certified for use by the secretary of state.  The contracts must be renewed from time to time.

 

(b) The secretary of state shall appoint an advisory committee, including representatives of the state chief information officer, county auditors, municipal clerks who have had operational experience with the use of electronic voting systems, and members of the disabilities community to advise the secretary of state in reviewing and evaluating the merits of proposals submitted from voting equipment vendors for the state contracts.

 

(c) Counties and municipalities may purchase or lease voting systems and obtain related election services from the state contracts.  All counties and municipalities are members of the cooperative purchasing venture of the Department of Administration for the purpose of this section.  For the purpose of township elections, counties must


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aggregate orders under contracts negotiated under this section for products and services and may apportion the costs of those products and services proportionally among the townships receiving the products and services.  The county is not liable for the timely or accurate delivery of those products or services.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.

 

Sec. 32.  Minnesota Statutes 2005 Supplement, section 206.82, subdivision 2, is amended to read:

 

Subd. 2.  Plan.  (a) Subject to paragraph (b), the municipal clerk in a municipality where an electronic voting system is used and the county auditor of a county in which an electronic voting system is used in more than one municipality and the county auditor of a county in which a counting center serving more than one municipality is located shall prepare a plan which indicates acquisition of sufficient facilities, computer time, and professional services and which describes the proposed manner of complying with section 206.80.  The plan must be signed, notarized, and submitted to the secretary of state more than 60 days before the first election at which the municipality uses an electronic voting system.  Prior to July 1 of each subsequent general election year, the clerk or auditor shall submit to the secretary of state notification of any changes to the plan on file with the secretary of state.  The secretary of state shall review each plan for its sufficiency and may request technical assistance from the Department of Administration or other agency which may be operating as the central computer authority.  The secretary of state shall notify each reporting authority of the sufficiency or insufficiency of its plan within 20 days of receipt of the plan.  The attorney general, upon request of the secretary of state, may seek a district court order requiring an election official to fulfill duties imposed by this subdivision or by rules promulgated pursuant to this section.

 

(b) Systems implemented by counties and municipalities in calendar year 2006 are exempt from paragraph (a) and section 206.58, subdivision 4, if:

 

(1) the municipality has fewer than 10,000 residents; and

 

(2) a valid county plan was filed by the county auditor of the county in which the municipality is located.

 

EFFECTIVE DATE.  This section is effective July 1, 2006.

 

Sec. 33.  Minnesota Statutes 2005 Supplement, section 206.83, is amended to read:

 

206.83 TESTING OF VOTING SYSTEMS. 

 

Within 14 days before election day, the official in charge of elections shall have the voting system tested to ascertain that the system will correctly mark or securely transmit to automatic tabulating equipment in the polling place ballots using all methods supported by the system, including through assistive technology, and count the votes cast for all candidates and on all questions.  Public notice of the time and place of the test must be given at least two days in advance by publication once in official newspapers.  The test must be observed by at least two election judges, who are not of the same major political party, and must be open to representatives of the political parties, candidates, the press, and the public.  The test must be conducted by (1) processing a preaudited group of ballots punched or marked to record a predetermined number of valid votes for each candidate and on each question, and must include for each office one or more ballot cards which have votes in excess of the number allowed by law in order to test the ability of the voting system tabulator and electronic ballot marker to reject those votes; and (2) processing an additional test deck of ballots marked using the electronic ballot marker for the precinct, including ballots marked or ballots securely transmitted electronically to automatic tabulating equipment in the polling place using the electronic ballot display, audio ballot reader, and any assistive voting technology used with the electronic ballot marker.  If any error is detected, the cause must be ascertained and corrected and an errorless count must be made before the voting system may be used in the election.  After the completion of the test, the programs used and ballot cards must be sealed, retained, and disposed of as provided for paper ballots.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.


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Sec. 34.  [206.89] POSTELECTION REVIEW OF VOTING SYSTEMS. 

 

Subdivision 1.  Definition.  For purposes of this section "post election review official" means the election administration official who is responsible for the conduct of elections in a precinct selected for review under this section.

 

Subd. 2.  Selection for review; notice.  At the canvass of the state primary, the county canvassing board in each county must set the date, time, and place for the postelection review of the state general election to be held under this section. 

 

At the canvass of the state general election, the county canvassing boards must select the precincts to be reviewed.  The county canvassing board of a county with fewer than 50,000 registered voters must select at least two precincts for postelection review.  The county canvassing board of a county with between 50,000 and 100,000 registered voters must select at least three precincts for review.  The county canvassing board of a county with over 100,000 registered voters must select at least four precincts.  The precincts must be selected by lot at a public meeting.  At least one precinct selected in each county must have had more than 150 votes cast at the general election.

 

The county auditor must notify the secretary of state of the precincts that have been chosen for review and the time and place the postelection review for that county will be conducted, as soon as the decisions are made.  The secretary of state must post this information on the office Web site.

 

Subd. 3.  Scope and conduct of review.  The county canvassing board shall appoint the post election review official as defined in subdivision 1.  The post election review must be conducted of the votes cast for President or governor; United States Senator; and United States Representative.  The post election review official may conduct postelection review of the votes cast for additional offices.

 

The postelection review must be conducted in public at the location where the voted ballots have been securely stored after the state general election or at another location chosen by the county canvassing board.  The post election review official for each precinct selected must conduct the postelection review and may be assisted by election judges designated by the post election review official for this purpose.  The party balance requirement of section 204B.19 applies to election judges designated for the review.  The postelection review must consist of a manual count of the ballots used in the precincts selected and must be performed in the manner provided by section 204C.21.  The postelection review must be conducted in the manner provided for recounts under section 204C.361 to the extent practicable.  The review must be completed no later than two days before the meeting of the state canvassing board to certify the results of the state general election.

 

Subd. 4.  Standard of acceptable performance by voting system.  A comparison of the results compiled by the voting system with the postelection review described in this section must show that the results of the electronic voting system differed by no more than one-half of one percent from the manual count of the offices reviewed.  Valid votes that have been marked by the voter outside the vote targets or using a manual marking device that cannot be read by the voting system must not be included in making the determination whether the voting system has met the standard of acceptable performance for any precinct.

 

Subd. 5.  Additional review.  (a) If the postelection review reveals a difference greater than one-half of one percent, the post election review official must, within two days, conduct an additional review of at least three precincts in the same jurisdiction where the discrepancy was discovered.  If all precincts in that jurisdiction have been reviewed, the county auditor must immediately publicly select by lot at least three additional precincts for review.  The post election review official must complete the additional review within two days after the precincts are selected and report the results immediately to the county auditor.  If the second review also indicates a difference in the vote totals compiled by the voting system that is greater than one-half of one percent from the result indicated by the postelection review, the county auditor must conduct a review of the ballots from all the remaining precincts in the county.  This review must be completed no later than six weeks after the state general election.


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(b) If the results from the countywide reviews from one or more counties comprising in the aggregate more than ten percent of the total number of persons voting in the election clearly indicate that an error in vote counting has occurred, the post election review official must conduct a manual recount of all the ballots in the district for the affected office.  The recount must be completed and the results reported to the appropriate canvassing board no later than ten weeks after the state general election.

 

Subd. 6.  Report of results.  Upon completion of the postelection review, the post election review official must immediately report the results to the county auditor.  The county auditor must then immediately submit the results of the postelection review electronically or in writing to the secretary of state not later than two days before the State Canvassing Board meets to canvass the state general election.  The secretary of state shall report the results of the postelection review at the meeting of the State Canvassing Board to canvass the state general election.

 

Subd. 7.  Update of vote totals.  If the postelection review under this section results in a change in the number of votes counted for any candidate, the revised vote totals must be incorporated in the official result from those precincts.

 

Subd. 8.  Effect on voting systems.  If a voting system is found to have failed to record votes accurately and in the manner provided by the Minnesota election law, the voting system must not be used at another election until it has been examined and recertified by the secretary of state.  If the voting system failure is attributable to either its design or to actions of the vendor, the vendor must forfeit the vendor bond required by section 206.57 and the performance bond required by section 206.66.

 

Subd. 9.  Costs of review.  The costs of the postelection review required by this section must be allocated as follows:

 

(1) the governing body responsible for each precinct selected for review must pay the costs incurred for the review conducted under subdivision 2 or 5, paragraph (a);

 

(2) the vendor of the voting system must pay any costs incurred by the secretary of state to examine and recertify the voting system; and

 

(3) the secretary of state must reimburse local units of government for the costs of any recount required under subdivision 5, paragraph (b).

 

Subd. 10.  Time for filing election contest.  The appropriate canvass is not completed and the time for notice of a contest of election does not begin to run until all reviews under this section have been completed.

 

Sec. 35.  [206.895] SECRETARY OF STATE MONITOR. 

 

The secretary of state must monitor and evaluate election procedures in precincts subject to the audit provided for in section 206.89 in at least four precincts in each congressional district.  The precincts must be chosen by lot by the State Canvassing Board at its meeting to canvass the state general election.

 

Sec. 36.  Minnesota Statutes 2005 Supplement, section 206.90, subdivision 8, is amended to read:

 

Subd. 8.  Duties of election officials.  The official in charge of elections in each municipality where an optical scan voting system is used shall have the electronic ballot marker that examines and marks votes on ballot cards or the machine that securely transmits a ballot electronically to automatic tabulating equipment in the polling place and the automatic tabulating equipment that examines and counts votes as ballot cards are deposited into ballot boxes put


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in order, set, adjusted, and made ready for voting when delivered to the election precincts.  Whenever a ballot card created by an electronic ballot marker certified by the secretary of state is rejected by an optical scan voting system, two election judges who are members of different major political parties shall transcribe the votes on the ballot rejected by the optical scan voting system pursuant to the procedures set forth in section 206.86, subdivision 5.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.

 

Sec. 37.  [206.91] VOTING MACHINES OPTIONS WORKING GROUP. 

 

(a) A working group is hereby established to investigate and recommend to the legislature requirements for additional options for voting equipment that complies with the requirements of section 301 of the Help America Vote Act, Public Law 107-252, to provide private and independent voting for individuals with disabilities.

 

The working group must be cochaired by representatives of the Minnesota Disability Law Center and Citizens for Election Integrity - Minnesota.

 

(b) The working group must convene its first meeting by June 30, 2006, and must report to the legislature by February 15, 2007.

 

(c) The working group must include, but is not limited to:

 

(1) the disability community;

 

(2) the secretary of state;

 

(3) county and local election officials;

 

(4) major and minor political parties;

 

(5)(i) one member of the senate majority caucus and one member of the senate minority caucus appointed by the Subcommittee on Committees of the Committee on Rules and Administration; and

 

(ii) one member of the house majority caucus and one member of the house minority caucus appointed by the speaker;

 

(6) nonpartisan organizations;

 

(7) at least one individual with computer security expertise and knowledge of elections; and

 

(8) members of the public, other than vendors of election equipment, selected by consensus of the other members, including representatives of language and other minorities.

 

(d) Members of the working group will be selected by:

 

(1) a representative of the Office of the Secretary of State;

 

(2) a representative of the county election officials;

 

(3) the cochairs; and

 

(4) two legislators representing each party.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.


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Sec. 38.  Minnesota Statutes 2004, section 211A.02, subdivision 2, is amended to read:

 

Subd. 2.  Information required.  The report to be filed by a candidate or committee must include:

 

(1) the name of the candidate or ballot question;

 

(2) the name and address of the person responsible for filing the report;

 

(3) the total amount of receipts and expenditures for the period from the last previous report to five days before the current report is due;

 

(4) the amount, date, and purpose for each expenditure; and

 

(5) the name, address, and employer, or occupation if self-employed, of any individual or committee that during the year has made one or more contributions that in the aggregate are equal to or greater than $500 $100, and the amount and date of each contribution.

 

EFFECTIVE DATE.  This section is effective January 1, 2007.

 

Sec. 39.  ELECTIONS RULES. 

 

(a) The rules adopted by the Office of the Secretary of State on August 9, 2004, pursuant to the authority granted in Laws 2004, chapter 293, article 1, section 39, are made permanent as if they had been adopted pursuant to Minnesota Statutes, sections 14.05 to 14.28, with only the following express exceptions:

 

(b) The secretary of state shall amend the rules pursuant to the good cause provision in section 14.88, subdivision 1, clause (3), as follows:

 

(1) The secretary of state shall amend Minnesota Rules, parts 8200.1100, 8200.1200, subparts 1a and 1b, 8200.1700, 8200.3700, and 8200.9310, subpart 4 so that effective August 10, 2006, these rules are identical to the language contained in them on August 8, 2004.

 

(2) The secretary of state shall amend Minnesota Rules, part 8200.5100, subpart 1, effective August 10, 2006, to add a new clause (4) to paragraph A that adds a tribal identification card as provided by Minnesota Statutes, section 201.061, subdivision 3, paragraph (d), clause (1).

 

(3) The secretary of state shall amend Minnesota Rules, part 8200.5100, subpart 2, effective August 10, 2006, to:

 

(i) add a new clause (5) to paragraph A that adds a tribal identification card as provided by Minnesota Statutes, section 201.061, subdivision 3, paragraph (d), clause (2); and

 

(ii) add cellular telephone to the list in paragraph B.

 

(4) The secretary of state shall amend Minnesota Rules, part 8200.9115, subpart 1, effective August 10, 2006, so that the certification at the top of each page of the polling place roster includes the statement that the individual is not under a guardianship of the person in which the court order revokes the individual's right to vote; and that the individual has the right to vote because, if convicted of a felony, the individual's felony sentence has expired (been completed) or the individual has been discharged from the individual's sentence.


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(5) The secretary of state shall amend Minnesota Rules, part 8210.0100, subpart 2, effective August 10, 2006, so that the form of the affidavit of eligibility includes certification by the individual that the individual is not under a guardianship of the person in which the court order revokes the individual's right to vote, and that the individual has the right to vote because, if convicted of a felony, the individual's felony sentence has expired (been completed) or the individual has been discharged from the individual's sentence.

 

(6) The secretary of state shall amend Minnesota Rules, part 8210.0500, subpart 2, effective August 10, 2006, to:

 

(i) add a tribal identification card as provided in Minnesota Statutes, section 201.061, subdivision 3, paragraph (d), clause (1) to the list in Step 3, item a;

 

(ii) add cellular telephone to the list in Step 3, item b, subitem (i);

 

(iii) add a tribal identification card as provided in Minnesota Statutes, section 201.061, subdivision 3, paragraph (d), clause (2), to the list in Step 3, item b, subitem (ii);

 

(iv) repeal Step 3, item f; and

 

(v) add a new Step to be numbered Step 10 and placed between the current Step 9 and Step 10 that directs the voter, if the voter has been provided with an additional envelope to conceal the signature, identification, and other information, to place the white ballot return envelope into the additional envelope; and directs the voter, if the voter has been provided a white ballot envelope with an additional flap that when sealed, conceals the signature, identification, and other information, to make sure that the flap is properly in place to conceal that information.

 

(7) The secretary of state shall amend Minnesota Rules, part 8200.5100, subpart 2, item B, to add cellular telephone to the list in that item.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.

 

Sec. 40.  REPEALER. 

 

Minnesota Statutes 2004, section 204C.50, subdivisions 3, 4, 5, and 6, and Minnesota Statutes 2005 Supplement, section 204C.50, subdivisions 1 and 2, are repealed."

 

      Amend the title accordingly

 

 

      The motion prevailed and the amendment was adopted.

 

 

      S. F. No. 2743, A bill for an act relating to elections; setting the criteria for voting systems to be used in elections; establishing a voting machines options working group; providing appointments; amending Minnesota Statutes 2005 Supplement, sections 206.56, subdivisions 1b, 3, 7a, 7b, 8; 206.61, subdivision 5; 206.80; 206.805, subdivision 1; 206.83; 206.90, subdivision 8.

 

 

      The bill was read for the third time, as amended, and placed upon its final passage.


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                The question was taken on the passage of the bill and the roll was called.  There were 129 yeas and 3 nays as follows:

 

      Those who voted in the affirmative were:

 


Abeler

Abrams

Anderson, B.

Atkins

Beard

Bernardy

Blaine

Bradley

Brod

Carlson

Charron

Clark

Cornish

Cox

Cybart

Davids

Davnie

Dean

DeLaForest

Demmer

Dempsey

Dill

Dittrich

Dorman

Dorn

Eastlund

Eken

Ellison

Entenza

Erhardt

Erickson

Finstad

Fritz

Garofalo

Gazelka

Goodwin

Greiling

Gunther

Hackbarth

Hamilton

Hansen

Hausman

Haws

Heidgerken

Hilstrom

Hilty

Holberg

Hoppe

Hornstein

Hortman

Hosch

Howes

Huntley

Jaros

Johnson, J.

Johnson, R.

Johnson, S.

Juhnke

Kahn

Kelliher

Klinzing

Knoblach

Koenen

Kohls

Krinkie

Lanning

Larson

Latz

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Magnus

Mahoney

Mariani

Marquart

McNamara

Meslow

Moe

Mullery

Murphy

Nelson, P.

Newman

Nornes

Otremba

Ozment

Paulsen

Paymar

Pelowski

Penas

Peppin

Peterson, A.

Peterson, N.

Peterson, S.

Poppe

Powell

Rukavina

Ruth

Ruud

Sailer

Samuelson

Scalze

Seifert

Sertich

Severson

Sieben

Simon

Simpson

Slawik

Smith

Soderstrom

Solberg

Sykora

Thao

Thissen

Tingelstad

Urdahl

Vandeveer

Wagenius

Walker

Wardlow

Welti

Westerberg

Westrom

Wilkin

Zellers

Spk. Sviggum


 

 

      Those who voted in the negative were:

 


Buesgens

Emmer

Olson


 

 

      The bill was passed, as amended, and its title agreed to.

 

 

      S. F. No. 358, A bill for an act relating to school board elections; Special School District No. 1; providing for six members to be elected by district and three to be elected at-large.

 

 

      The bill was read for the third time and placed upon its final passage.

 

      The question was taken on the passage of the bill and the roll was called.  There were 132 yeas and 0 nays as follows:

 

      Those who voted in the affirmative were:

 


Abeler

Abrams

Anderson, B.

Atkins

Beard

Bernardy

Blaine

Bradley

Brod

Buesgens

Carlson

Charron

Clark

Cornish

Cox

Cybart

Davids

Davnie

Dean

DeLaForest

Demmer

Dempsey

Dill

Dittrich

Dorman

Dorn

Eastlund

Eken

Ellison

Emmer

Entenza

Erhardt

Erickson

Finstad

Fritz

Garofalo

Gazelka

Goodwin

Greiling

Gunther

Hackbarth

Hamilton

Hansen

Hausman

Haws

Heidgerken

Hilstrom

Hilty


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Holberg

Hoppe

Hornstein

Hortman

Hosch

Howes

Huntley

Jaros

Johnson, J.

Johnson, R.

Johnson, S.

Juhnke

Kahn

Kelliher

Klinzing

Knoblach

Koenen

Kohls

Krinkie

Lanning

Larson

Latz

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Magnus

Mahoney

Mariani

Marquart

McNamara

Meslow

Moe

Mullery

Murphy

Nelson, P.

Newman

Nornes

Olson

Otremba

Ozment

Paulsen

Paymar

Pelowski

Penas

Peppin

Peterson, A.

Peterson, N.

Peterson, S.

Poppe

Powell

Rukavina

Ruth

Ruud

Sailer

Samuelson

Scalze

Seifert

Sertich

Severson

Sieben

Simon

Simpson

Slawik

Smith

Soderstrom

Solberg

Sykora

Thao

Thissen

Tingelstad

Urdahl

Vandeveer

Wagenius

Walker

Wardlow

Welti

Westerberg

Westrom

Wilkin

Zellers

Spk. Sviggum


 

 

      The bill was passed and its title agreed to.

 

 

      S. F. No. 3480 was reported to the House.

 

 

      Wilkin moved to amend S. F. No. 3480 as follows:

 

      Delete everything after the enacting clause and insert the following language of H. F. No. 3760, the first engrossment:

 

"Section 1.  Minnesota Statutes 2005 Supplement, section 45.22, is amended to read:

 

45.22 LICENSE EDUCATION APPROVAL. 

 

(a) License education courses must be approved in advance by the commissioner.  Each sponsor who offers a license education course must have at least one coordinator, approved by the commissioner, be approved by the commissioner.  Each approved sponsor must have at least one coordinator who meets the criteria specified in Minnesota Rules, chapter 2809, and who is responsible for supervising the educational program and assuring compliance with all laws and rules. "Sponsor" means any person or entity offering approved education.

 

(b) For coordinators with an initial approval date before August 1, 2005, approval will expire on December 31, 2005.  For courses with an initial approval date on or before December 31, 2000, approval will expire on April 30, 2006.  For courses with an initial approval date after January 1, 2001, but before August 1, 2005, approval will expire on April 30, 2007.

 

Sec. 2.  Minnesota Statutes 2005 Supplement, section 45.23, is amended to read:

 

45.23 LICENSE EDUCATION FEES. 

 

The following fees must be paid to the commissioner:

 

(1) initial course approval, $10 for each hour or fraction of one hour of education course approval sought.  Initial course approval expires on the last day of the 24th month after the course is approved;

 

(2) renewal of course approval, $10 per course.  Renewal of course approval expires on the last day of the 24th month after the course is renewed;


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(3) initial coordinator sponsor approval, $100.  Initial coordinator approval expires on the last day of the 24th month after the coordinator is approved; Initial sponsor approval issued under this section is valid for a period not to exceed 24 months and expires on January 31 of the renewal year assigned by the commissioner.  Active sponsors who have at least one approved coordinator as of the effective date of this section are deemed to be approved sponsors and are not required to submit an initial application for sponsor approval; and

 

(4) renewal of coordinator sponsor approval, $10.  Renewal of coordinator approval expires on the last day of the 24th month after the coordinator is renewed.  Each renewal of sponsor approval is valid for a period of 24 months.  Active sponsors who have at least one approved coordinator as of the effective date of this section will have an expiration date of January 31, 2008.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.

 

Sec. 3.  Minnesota Statutes 2005 Supplement, section 59B.01, is amended to read:

 

59B.01 SCOPE AND PURPOSE. 

 

(a) The purpose of this chapter is to create a legal framework within which service contracts may be sold in this state.

 

(b) The following are exempt from this chapter:

 

(1) warranties;

 

(2) maintenance agreements;

 

(3) warranties, service contracts, or maintenance agreements offered by public utilities, as defined in section 216B.02, subdivision 4, or an entity or operating unit owned by or under common control with a public utility;

 

(4) service contracts sold or offered for sale to persons other than consumers;

 

(5) service contracts on tangible property where the tangible property for which the service contract is sold has a purchase price of $250 or less, exclusive of sales tax;

 

(6) motor vehicle service contracts as defined in section 65B.29, subdivision 1, paragraph (1);

 

(7) service contracts for home security equipment installed by a licensed technology systems contractor; and

 

(8) motor club membership contracts that typically provide roadside assistance services to motorists stranded for reasons that include, but are not limited to, mechanical breakdown or adverse road conditions; and

 

(9) home warranties not subject to chapter 327A, 515, 515A, or 515B.

 

(c) Except for the agreements covered by paragraph (b), clause (9), the types of agreements referred to in paragraph (b) are not subject to chapters 60A to 79A, except as otherwise specifically provided by law.

 

Sec. 4.  Minnesota Statutes 2004, section 60C.02, subdivision 1, is amended to read:

 

Subdivision 1.  Scope.  This chapter applies to all kinds of direct insurance, except:

 

(1) life;


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(2) annuity;

 

(3) title;

 

(4) accident and sickness;

 

(5) credit;

 

(6) vendor's single interest or collateral protection or any similar insurance protecting the interests of a creditor arising out of a creditor debtor transaction;

 

(7) mortgage guaranty;

 

(8) financial guaranty or other forms of insurance offering protection against investment risks;

 

(9) ocean marine;

 

(10) a transaction or combination of transactions between a person, including affiliates of the person, and an insurer, including affiliates of the insurer, that involves the transfer of investment or credit risk unaccompanied by transfer of insurance risk; or

 

(11) insurance provided by or guaranteed by government; or.

 

(12) insurance of warranties or service contracts, including insurance that provides for the repair, replacement, or services of goods or property, or indemnification for repair, replacement or service, for the operation or structural failure of the goods or property due to a defect in materials, workmanship or normal wear and tear, or provides reimbursement for the liability insured by the user of agreement or service contracts that provide these benefits.

 

Sec. 5.  Minnesota Statutes 2004, section 61A.02, subdivision 3, is amended to read:

 

Subd. 3.  Disapproval.  (a) The commissioner shall, within 60 days after the filing of any form, disapprove the form:

 

(1) if the benefits provided are unreasonable in relation to the premium charged;

 

(2) if the safety and soundness of the company would be threatened by the offering of an excess rate of interest on the policy or contract;

 

(3) if it contains a provision or provisions which are unlawful, unfair, inequitable, misleading, or encourages misrepresentation of the policy; or

 

(4) if the form, or its provisions, is otherwise not in the public interest.  It shall be unlawful for the company to issue any policy in the form so disapproved.  If the commissioner does not within 60 days after the filing of any form, disapprove or otherwise object, the form shall be deemed approved.

 

(b) When an insurer or the Minnesota Comprehensive Health Association fails to respond to an objection or inquiry within 60 days, the filing is automatically disapproved.  A resubmission is required if action by the Department of Commerce is subsequently requested.  An additional filing fee is required for the resubmission.


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(c) For purposes of paragraph (a), clause (2), an excess rate of interest is a rate of interest exceeding the rate of interest determined by subtracting three percentage points from Moody's corporate bond yield average as most recently available.

 

Sec. 6.  Minnesota Statutes 2004, section 61A.092, subdivision 1, is amended to read:

 

Subdivision 1.  Continuation of coverage.  Every group insurance policy issued or renewed within this state after August 1, 1987, providing coverage for life insurance benefits shall contain a provision that permits covered employees who are voluntarily or involuntarily terminated or laid off from their employment, if the policy remains in force for any active employee of the employer, to elect to continue the coverage for themselves and their dependents.  If the policy includes other benefits, the election provided by this section extends to those other benefits.

 

An employee is considered to be laid off from employment if there is a reduction in hours to the point where the employee is no longer eligible for coverage under the group life insurance policy.  Termination does not include discharge for gross misconduct.

 

Sec. 7.  Minnesota Statutes 2004, section 61A.092, subdivision 3, is amended to read:

 

Subd. 3.  Notice of options.  Upon termination of or layoff from employment of a covered employee, the employer shall inform the employee of:

 

(1) the employee's right to elect to continue the coverage;

 

(2) the amount the employee must pay monthly to the employer to retain the coverage;

 

(3) the manner in which and the office of the employer to which the payment to the employer must be made; and

 

(4) the time by which the payments to the employer must be made to retain coverage.

 

The employee has 60 days within which to elect coverage.  The 60-day period shall begin to run on the date coverage would otherwise terminate or on the date upon which notice of the right to coverage is received, whichever is later.

 

If the covered employee or covered dependent dies during the 60-day election period and before the covered employee makes an election to continue or reject continuation, then the covered employee will be considered to have elected continuation of coverage.  The estate of beneficiary previously selected by the former employee or covered dependent would then be entitled to a death benefit equal to the amount of insurance that could have been continued less any unpaid premium owing as of the date of death.

 

Notice must be in writing and sent by first class mail to the employee's last known address which the employee has provided to the employer.

 

A notice in substantially the following form is sufficient: "As a terminated or laid off employee, the law authorizes you to maintain your group insurance benefits, in an amount equal to the amount of insurance in effect on the date you terminated or were laid off from employment, for a period of up to 18 months.  To do so, you must notify your former employer within 60 days of your receipt of this notice that you intend to retain this coverage and must make a monthly payment of $............ at ............. by the ............. of each month."


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Sec. 8.  Minnesota Statutes 2004, section 62A.02, subdivision 3, is amended to read:

 

Subd. 3.  Standards for disapproval.  (a) The commissioner shall, within 60 days after the filing of any form or rate, disapprove the form or rate:

 

(1) if the benefits provided are not reasonable in relation to the premium charged;

 

(2) if it contains a provision or provisions which are unjust, unfair, inequitable, misleading, deceptive or encourage misrepresentation of the health plan form, or otherwise does not comply with this chapter, chapter 62L, or chapter 72A;

 

(3) if the proposed premium rate is excessive or not adequate; or

 

(4) the actuarial reasons and data submitted do not justify the rate.

 

The party proposing a rate has the burden of proving by a preponderance of the evidence that it does not violate this subdivision.

 

In determining the reasonableness of a rate, the commissioner shall also review all administrative contracts, service contracts, and other agreements to determine the reasonableness of the cost of the contracts or agreement and effect of the contracts on the rate.  If the commissioner determines that a contract or agreement is not reasonable, the commissioner shall disapprove any rate that reflects any unreasonable cost arising out of the contract or agreement.  The commissioner may require any information that the commissioner deems necessary to determine the reasonableness of the cost.

 

For the purposes of this subdivision, the commissioner shall establish by rule a schedule of minimum anticipated loss ratios which shall be based on (i) the type or types of coverage provided, (ii) whether the policy is for group or individual coverage, and (iii) the size of the group for group policies.  Except for individual policies of disability or income protection insurance, the minimum anticipated loss ratio shall not be less than 50 percent after the first year that a policy is in force.  All applicants for a policy shall be informed in writing at the time of application of the anticipated loss ratio of the policy. "Anticipated loss ratio" means the ratio at the time of filing, at the time of notice of withdrawal under subdivision 4a, or at the time of subsequent rate revision of the present value of all expected future benefits, excluding dividends, to the present value of all expected future premiums.

 

If the commissioner notifies a health carrier that has filed any form or rate that it does not comply with this chapter, chapter 62L, or chapter 72A, it shall be unlawful for the health carrier to issue or use the form or rate.  In the notice the commissioner shall specify the reasons for disapproval and state that a hearing will be granted within 20 days after request in writing by the health carrier.

 

The 60-day period within which the commissioner is to approve or disapprove the form or rate does not begin to run until a complete filing of all data and materials required by statute or requested by the commissioner has been submitted.

 

However, if the supporting data is not filed within 30 days after a request by the commissioner, the rate is not effective and is presumed to be an excessive rate.

 

(b) When an insurer or the Minnesota Comprehensive Health Association fails to respond to an objection or inquiry within 60 days, the filing is automatically disapproved.  A resubmission is required if action by the Department of Commerce is subsequently requested.  An additional filing fee is required for the resubmission.


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Sec. 9.  Minnesota Statutes 2004, section 62A.095, subdivision 1, is amended to read:

 

Subdivision 1.  Applicability.  (a) No health plan shall 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 256B.37 and the lien provisions under section 256.015; 256B.042; 256D.03, subdivision 8; or 256L.03, subdivision 6.

 

For purposes of this section, "health plan" includes coverage that is excluded under section 62A.011, subdivision 3, clauses (4), (7), and (10).

 

Sec. 10.  Minnesota Statutes 2004, section 62A.17, subdivision 1, is amended to read:

 

Subdivision 1.  Continuation of coverage.  Every group insurance policy, group subscriber contract, and health care plan included within the provisions of section 62A.16, except policies, contracts, or health care plans covering employees of an agency of the federal government, shall contain a provision which permits every covered employee who is voluntarily or involuntarily terminated or laid off from employment and every covered dependent of the covered employee, if the policy, contract, or health care plan remains in force for active employees of the employer, to elect to continue the coverage for the employee and dependents.

 

An employee shall be considered to be laid off from employment if there is a reduction in hours to the point where the employee is no longer eligible under the policy, contract, or health care plan.  Termination shall not include discharge for gross misconduct.

 

Upon request by the terminated or laid off employee or any covered dependent, a health carrier must provide the instructions necessary to enable the employee or dependent to elect and receive continuation of coverage through the insurer in place of the former employer.

 

Sec. 11.  Minnesota Statutes 2004, section 62A.17, subdivision 2, is amended to read:

 

Subd. 2.  Responsibility of employee.  Every covered employee or dependent electing to continue coverage shall pay the former employer, on a monthly basis, the cost of the continued coverage.  The policy, contract, or plan must require the group policyholder or contract holder to, upon request, provide the employee or dependent with written verification from the insurer of the cost of this coverage promptly at the time of eligibility for this coverage and at any time during the continuation period.  If the policy, contract, or health care plan is administered by a trust, every covered employee or dependent electing to continue coverage shall pay the trust the cost of continued coverage according to the eligibility rules established by the trust.  In no event shall the amount of premium charged exceed 102 percent of the cost to the plan for such period of coverage for similarly situated employees with respect to whom neither termination nor layoff has occurred, without regard to whether such cost is paid by the employer or employee.  The employee and every covered dependent shall be eligible to continue the coverage until the employee becomes covered under another group health plan, or for a period of 18 months after the termination of or lay off from employment, whichever is shorter.  If the employee becomes covered under another group policy, contract, or health plan that does not include dependent coverage, every covered dependent remains eligible to continue coverage with the former employer subject to the conditions specified in this subdivision.  If the employee or any covered dependent becomes covered under another group policy, contract, or health plan and the new group policy, contract, or health plan contains any preexisting condition limitations, the employee or dependent may, subject to the 18-month maximum continuation limit, continue coverage with the former employer until the preexisting condition limitations have been satisfied.  The new policy, contract, or health plan is primary except as to the preexisting condition.  In the case of a newborn child who is a dependent of the employee, the new policy, contract, or health plan is primary upon the date of birth of the child, regardless of which policy, contract, or health plan coverage is deemed primary for the mother of the child.


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Sec. 12.  Minnesota Statutes 2004, section 62A.17, subdivision 5, is amended to read:

 

Subd. 5.  Notice of options.  Upon the termination of or lay off from employment of an eligible employee, the employer shall inform the employee within ten days after termination or lay off of:

 

(a) the right to elect to continue the coverage;

 

(b) the amount the employee must pay monthly to the employer or health carrier to retain the coverage;

 

(c) the manner in which and the office of the employer or health carrier to which the payment to the employer or health carrier must be made; and

 

(d) the time by which the payments to the employer or health carrier must be made to retain coverage.

 

If the policy, contract, or health care plan is administered by a trust, the employer is relieved of the obligation imposed by clauses (a) to (d).  The trust shall inform the employee of the information required by clauses (a) to (d).

 

The employee shall have 60 days within which to elect coverage.  The 60-day period shall begin to run on the date plan coverage would otherwise terminate or on the date upon which notice of the right to coverage is received, whichever is later.

 

Notice must be in writing and sent by first class mail to the employee's last known address which the employee has provided the employer or trust.

 

A notice in substantially the following form shall be sufficient: "As a terminated or laid off employee, the law authorizes you to maintain your group medical insurance for a period of up to 18 months.  To do so you must notify your former employer or health carrier within 60 days of your receipt of this notice that you intend to retain this coverage and must make a monthly payment of $.......... to ........... at .......... by the ............... of each month."

 

Sec. 13.  Minnesota Statutes 2004, section 62A.27, is amended to read:

 

62A.27 COVERAGE OF ADOPTED CHILDREN. 

 

(a) A health plan that provides coverage to a Minnesota resident must cover adopted children of the insured, subscriber, participant, or enrollee on the same basis as other dependents.  Consequently, the plan shall not contain any provision concerning preexisting condition limitations, insurability, eligibility, or health underwriting approval concerning children placed for adoption with the participant.

 

(b) The coverage required by this section is effective from the date of placement for adoption.  For purposes of this section, placement for adoption means the assumption and retention by a person of a legal obligation for total or partial support of a child in anticipation of adoption of the child.  The child's placement with a person terminates upon the termination of the legal obligation for total or partial support.

 

(c) For the purpose of this section, health plan includes:

 

(1) coverage offered by community integrated service networks;

 

(2) coverage that is designed solely to provide dental or vision care; and

 

(3) any plan under the federal Employee Retirement Income Security Act of 1974 (ERISA), United States Code, title 29, sections 1001 to 1461.


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(d) No policy or contract covered by this section may require notification to a health carrier as a condition for this dependent coverage.  However, if the policy or contract mandates an additional premium for each dependent, the health carrier is entitled to all premiums that would have been collected had the health carrier been aware of the additional dependent.  The health carrier may withhold payment of any health benefits for the new dependent until it has been compensated with the applicable premium which would have been owed if the health carrier had been informed of the additional dependent immediately.

 

Sec. 14.  Minnesota Statutes 2004, section 62A.3093, is amended to read:

 

62A.3093 COVERAGE FOR DIABETES. 

 

A health plan, including a plan providing the coverage specified in section 62A.011, subdivision 3, clause (10), must provide coverage for: (1) all physician prescribed medically appropriate and necessary equipment and supplies used in the management and treatment of diabetes not otherwise covered for that person under Medicare or Medicare Part D; and (2) diabetes outpatient self-management training and education, including medical nutrition therapy, that is provided by a certified, registered, or licensed health care professional working in a program consistent with the national standards of diabetes self-management education as established by the American Diabetes Association.  Coverage must include persons with gestational, type I or type II diabetes.  Coverage required under this section is subject to the same deductible or coinsurance provisions applicable to the plan's hospital, medical expense, medical equipment, or prescription drug benefits.  A health carrier may not reduce or eliminate coverage due to this requirement.

 

EFFECTIVE DATE.  This section is effective January 1, 2006.

 

Sec. 15.  [62A.3161] MEDICARE SUPPLEMENT PLAN WITH 50 PERCENT COVERAGE. 

 

The Medicare supplement plan with 50 percent coverage must have a level of coverage that will provide:

 

(1) 100 percent of Medicare Part A hospitalization coinsurance plus coverage for 365 days after Medicare benefits end;

 

(2) coverage for 50 percent of the Medicare Part A inpatient hospital deductible amount per benefit period until the out-of-pocket limitation is met as described in clause (8);

 

(3) coverage for 50 percent of the coinsurance amount for each day used from the 21st through the 100th day in a Medicare benefit period for posthospital skilled nursing care eligible under Medicare Part A until the out-of-pocket limitation is met as described in clause (8);

 

(4) coverage for 50 percent of cost sharing for all Medicare Part A eligible expenses and respite care until the out-of-pocket limitation is met as described in clause (8);

 

(5) coverage for 50 percent, under Medicare Part A or B, of the reasonable cost of the first three pints of blood, or equivalent quantities of packed red blood cells, as defined under federal regulations, unless replaced according to federal regulations, until the out-of-pocket limitation is met as described in clause (8);

 

(6) except for coverage provided in this clause, coverage for 50 percent of the cost sharing otherwise applicable under Medicare Part B, after the policyholder pays the Medicare Part B deductible, until the out-of-pocket limitation is met as described in clause (8);


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(7) coverage of 100 percent of the cost sharing for Medicare Part B preventive services and diagnostic procedures for cancer screening described in section 62A.30 after the policyholder pays the Medicare Part B deductible; and

 

(8) coverage of 100 percent of all cost sharing under Medicare Parts A and B for the balance of the calendar year after the individual has reached the out-of-pocket limitation on annual expenditures under Medicare Parts A and B of $4,000 in 2006, indexed each year by the appropriate inflation adjustment by the secretary of the United States Department of Health and Human Services.

 

Sec. 16.  [62A.3162] MEDICARE SUPPLEMENT PLAN WITH 75 PERCENT COVERAGE. 

 

The basic Medicare supplement plan with 75 percent coverage must have a level of coverage that will provide:

 

(1) 100 percent of Medicare Part A hospitalization coinsurance plus coverage for 365 days after Medicare benefits end;

 

(2) coverage for 75 percent of the Medicare Part A inpatient hospital deductible amount per benefit period until the out-of-pocket limitation is met as described in clause (8);

 

(3) coverage for 75 percent of the coinsurance amount for each day used from the 21st through the 100th day in a Medicare benefit period for posthospital skilled nursing care eligible under Medicare Part A until the out-of-pocket limitation is met as described in clause (8);

 

(4) coverage for 75 percent of cost sharing for all Medicare Part A eligible expenses and respite care until the out-of-pocket limitation is met as described in clause (8);

 

(5) coverage for 75 percent, under Medicare Part A or B, of the reasonable cost of the first three pints of blood, or equivalent quantities of packed red blood cells, as defined under federal regulations, unless replaced according to federal regulations until the out-of-pocket limitation is met as described in clause (8);

 

(6) except for coverage provided in this clause, coverage for 75 percent of the cost sharing otherwise applicable under Medicare Part B after the policyholder pays the Medicare Part B deductible until the out-of-pocket limitation is met as described in clause (8);

 

(7) coverage of 100 percent of the cost sharing for Medicare Part B preventive services and diagnostic procedures for cancer screening described in section 62A.30 after the policyholder pays the Medicare Part B deductible; and

 

(8) coverage of 100 percent of all cost sharing under Medicare Parts A and B for the balance of the calendar year after the individual has reached the out-of-pocket limitation on annual expenditures under Medicare Parts A and B of $2,000 in 2006, indexed each year by the appropriate inflation adjustment by the Secretary of the United States Department of Health and Human Services.

 

Sec. 17.  Minnesota Statutes 2004, section 62C.14, subdivision 9, is amended to read:

 

Subd. 9.  Required filing.  No service plan corporation shall deliver or issue for delivery in this state any subscriber contract, endorsement, rider, amendment or application until a copy of the form thereof has been filed with the commissioner, subject to disapproval by the commissioner.  Any such form issued or in use on August 1, 1971, if filed with the commissioner within 60 days after August 1, 1971, shall be deemed filed upon receipt by the commissioner.  When an insurer, service plan corporation, or the Minnesota Comprehensive Health Association fails to respond to an objection or inquiry within 60 days, the filing is automatically disapproved.  A resubmission is


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required if action by the Department of Commerce is subsequently requested.  An additional filing fee is required for the resubmission.  The commissioner also may by regulation exempt from filing those subscriber contracts issued to a group of not less than 300 subscribers, or to other groups upon such reasonable conditions and restrictions as the commissioner may require.

 

Sec. 18.  Minnesota Statutes 2004, section 62C.14, subdivision 10, is amended to read:

 

Subd. 10.  Filing or disapproval.  Except as otherwise provided in subdivision 9, all forms received by the commissioner shall be deemed filed 60 days after received unless disapproved by order transmitted to the corporation stating that the form used in a specified respect is contrary to law, contains a provision or provisions which are unfair, inequitable, misleading, inconsistent or ambiguous, or is in part illegible.  It shall be unlawful to issue or use a document disapproved by the commissioner.  When an insurer, service plan corporation, or the Minnesota Comprehensive Health Association fails to respond to an objection or inquiry within 60 days, the filing is automatically disapproved.  A resubmission is required if action by the Department of Commerce is subsequently requested.  An additional filing fee is required for the resubmission.

 

Sec. 19.  Minnesota Statutes 2004, section 62E.13, subdivision 3, is amended to read:

 

Subd. 3.  Duties of writing carrier.  The writing carrier shall perform all administrative and claims payment functions required by this section.  The writing carrier shall provide these services for a period of three five years, unless a request to terminate is approved by the commissioner.  The commissioner shall approve or deny a request to terminate within 90 days of its receipt.  A failure to make a final decision on a request to terminate within the specified period shall be deemed to be an approval.  Six months prior to the expiration of each three-year five-year period, the association shall invite submissions of policy forms from members of the association, including the writing carrier.  The association shall follow the provisions of subdivision 2 in selecting a writing carrier for the subsequent three-year five-year period.

 

Sec. 20.  Minnesota Statutes 2004, section 62E.14, subdivision 5, is amended to read:

 

Subd. 5.  Terminated employees.  An employee who is voluntarily or involuntarily terminated or laid off from employment and unable to exercise the option to continue coverage under section 62A.17, and who is a Minnesota resident and who is otherwise eligible, may enroll in the comprehensive health insurance plan, by submitting an application that is received by the writing carrier no later than 90 days after termination or layoff, with a waiver of the preexisting condition limitation set forth in subdivision 3 and a waiver of the evidence of rejection set forth in subdivision 1, paragraph (c).

 

EFFECTIVE DATE.  This section is effective the day following final enactment.

 

Sec. 21.  Minnesota Statutes 2004, section 62L.02, subdivision 24, is amended to read:

 

Subd. 24.  Qualifying coverage.  "Qualifying coverage" means health benefits or health coverage provided under:

 

(1) a health benefit plan, as defined in this section, but without regard to whether it is issued to a small employer and including blanket accident and sickness insurance, other than accident-only coverage, as defined in section 62A.11;

 

(2) part A or part B of Medicare;

 

(3) medical assistance under chapter 256B;


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(4) general assistance medical care under chapter 256D;

 

(5) MCHA;

 

(6) a self-insured health plan;

 

(7) the MinnesotaCare program established under section 256L.02;

 

(8) a plan provided under section 43A.316, 43A.317, or 471.617;

 

(9) the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS) or other coverage provided under United States Code, title 10, chapter 55;

 

(10) coverage provided by a health care network cooperative under chapter 62R;

 

(11) a medical care program of the Indian Health Service or of a tribal organization;

 

(12) the federal Employees Health Benefits Plan, or other coverage provided under United States Code, title 5, chapter 89;

 

(13) a health benefit plan under section 5(e) of the Peace Corps Act, codified as United States Code, title 22, section 2504(e);

 

(14) a health plan; or

 

(15) a plan similar to any of the above plans provided in this state or in another state as determined by the commissioner.;

 

(16) any plan established or maintained by a state, the United States government, or a foreign country, or any political subdivision of a state, the United States government, or a foreign country that provides health coverage to individuals who are enrolled in the plan; or

 

(17) the State Children's Health Insurance Program (SCHIP).

 

Sec. 22.  Minnesota Statutes 2004, section 62M.01, subdivision 2, is amended to read:

 

Subd. 2.  Jurisdiction.  Sections 62M.01 to 62M.16 apply to any insurance company licensed under chapter 60A to offer, sell, or issue a policy of accident and sickness insurance as defined in section 62A.01; a health service plan licensed under chapter 62C; a health maintenance organization licensed under chapter 62D; the Minnesota Comprehensive Health Association created under chapter 62E; a community integrated service network licensed under chapter 62N; an accountable provider network operating under chapter 62T; a fraternal benefit society operating under chapter 64B; a joint self-insurance employee health plan operating under chapter 62H; a multiple employer welfare arrangement, as defined in section 3 of the Employee Retirement Income Security Act of 1974 (ERISA), United States Code, title 29, section 1103, as amended; a third party administrator licensed under section 60A.23, subdivision 8, that provides utilization review services for the administration of benefits under a health benefit plan as defined in section 62M.02; or any entity performing utilization review on behalf of a business entity in this state pursuant to a health benefit plan covering a Minnesota resident.


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Sec. 23.  Minnesota Statutes 2004, section 62M.09, subdivision 9, is amended to read:

 

Subd. 9.  Annual report.  A utilization review organization shall file an annual report with the annual financial statement it submits to the commissioner of commerce that includes:

 

(1) per 1,000 claims utilization reviews, the number and rate of claims denied determinations not to certify based on medical necessity for each procedure or service; and

 

(2) the number and rate of denials overturned on appeal.

 

A utilization review organization that is not a licensed health carrier must submit the annual report required by this subdivision on April 1 of each year.

 

Sec. 24.  Minnesota Statutes 2005 Supplement, section 62Q.75, subdivision 3, is amended to read:

 

Subd. 3.  Claims filing.  Unless otherwise provided by contract, by section 16A.124, subdivision 4a, or by federal law, or unless the contract provides for a shorter time period, the health care providers and facilities specified in subdivision 2 must submit their charges to a health plan company or third-party administrator within six months from the date of service or the date the health care provider knew or was informed of the correct name and address of the responsible health plan company or third-party administrator, whichever is later.  A health care provider or facility that does not make an initial submission of charges within the six-month period shall not be reimbursed for the charge and may not collect the charge from the recipient of the service or any other payer.  The six-month submission requirement may be extended to 12 months in cases where a health care provider or facility specified in subdivision 2 has determined and can substantiate that it has experienced a significant disruption to normal operations that materially affects the ability to conduct business in a normal manner and to submit claims on a timely basis.  This subdivision also applies to all health care providers and facilities that submit charges to workers' compensation payers for treatment of a workers' compensation injury compensable under chapter 176, or to reparation obligors for treatment of an injury compensable under chapter 65B.

 

Sec. 25.  Minnesota Statutes 2005 Supplement, section 65B.49, subdivision 5a, is amended to read:

 

Subd. 5a.  Rental vehicles.  (a) Every plan of reparation security insuring a natural person as named insured, covering private passenger vehicles as defined under section 65B.001, subdivision 3, and pickup trucks and vans as defined under section 168.011 must provide that all of the obligation for damage and loss of use to a rented private passenger vehicle, including pickup trucks and vans as defined under section 168.011, and rented trucks with a registered gross vehicle weight of 26,000 pounds or less would be covered by the property damage liability portion of the plan.  This subdivision does not apply to plans of reparation security covering only motor vehicles registered under section 168.10, subdivision 1a, 1b, 1c, or 1d, or recreational equipment as defined under section 168.011.  The obligation of the plan must not be contingent on fault or negligence.  In all cases where the plan's property damage liability coverage is less than $35,000, the coverage available under the subdivision must be $35,000.  Other than as described in this paragraph or in paragraph (j), nothing in this section amends or alters the provisions of the plan of reparation security as to primacy of the coverages in this section.

 

(b) A vehicle is rented for purposes of this subdivision:

 

(1) if the rate for the use of the vehicle is determined on a monthly, weekly, or daily basis; or

 

(2) during the time that a vehicle is loaned as a replacement for a vehicle being serviced or repaired regardless of whether the customer is charged a fee for the use of the vehicle.


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A vehicle is not rented for the purposes of this subdivision if the rate for the vehicle's use is determined on a period longer than one month or if the term of the rental agreement is longer than one month.  A vehicle is not rented for purposes of this subdivision if the rental agreement has a purchase or buyout option or otherwise functions as a substitute for purchase of the vehicle.

 

(c) The policy or certificate issued by the plan must inform the insured of the application of the plan to private passenger rental vehicles, including pickup trucks and vans as defined under section 168.011, and that the insured may not need to purchase additional coverage from the rental company.

 

(d) Where an insured has two or more vehicles covered by a plan or plans of reparation security containing the rented motor vehicle coverage required under paragraph (a), the insured may select the plan the insured wishes to collect from and that plan is entitled to a pro rata contribution from the other plan or plans based upon the property damage limits of liability.  If the person renting the motor vehicle is also covered by the person's employer's insurance policy or the employer's automobile self-insurance plan, the reparation obligor under the employer's policy or self-insurance plan has primary responsibility to pay claims arising from use of the rented vehicle.

 

(e) A notice advising the insured of rental vehicle coverage must be given by the reparation obligor to each current insured with the first renewal notice after January 1, 1989.  The notice must be approved by the commissioner of commerce.  The commissioner may specify the form of the notice.

 

(f) When a motor vehicle is rented in this state, there must be attached to the rental contract a separate form containing a written notice in at least 10-point bold type, if printed, or in capital letters, if typewritten, which states:

 

Under Minnesota law, a personal automobile insurance policy issued in Minnesota must cover the rental of this motor vehicle against damage to the vehicle and against loss of use of the vehicle.  Therefore, purchase of any collision damage waiver or similar insurance affected in this rental contract is not necessary if your policy was issued in Minnesota.

 

No collision damage waiver or other insurance offered as part of or in conjunction with a rental of a motor vehicle may be sold unless the person renting the vehicle provides a written acknowledgment that the above consumer protection notice has been read and understood.

 

(g) When damage to a rented vehicle is covered by a plan of reparation security as provided under paragraph (a), the rental contract must state that payment by the reparation obligor within the time limits of section 72A.201 is acceptable, and prior payment by the renter is not required.

 

(h) Compensation for the loss of use of a damaged rented motor vehicle is limited to a period no longer than 14 days.

 

(i)(1) For purposes of this paragraph, "rented motor vehicle" means a rented vehicle described in paragraph (a), using the definition of "rented" provided in paragraph (b).

 

(2) Notwithstanding section 169.09, subdivision 5a, an owner of a rented motor vehicle is not vicariously liable for legal damages resulting from the operation of the rented motor vehicle in an amount greater than $100,000 because of bodily injury to one person in any one accident and, subject to the limit for one person, $300,000 because of injury to two or more persons in any one accident, and $50,000 because of injury to or destruction of property of others in any one accident, if the owner of the rented motor vehicle has in effect, at the time of the accident, a policy of insurance or self-insurance, as provided in section 65B.48, subdivision 3, covering losses up to at least the amounts set forth in this paragraph.  Nothing in this paragraph alters or affects the obligations of an owner of a


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rented motor vehicle to comply with the requirements of compulsory insurance through a policy of insurance as provided in section 65B.48, subdivision 2, or through self-insurance as provided in section 65B.48, subdivision 3; or with the obligations arising from section 72A.125 for products sold in conjunction with the rental of a motor vehicle.  Nothing in this paragraph alters or affects liability, other than vicarious liability, of an owner of a rented motor vehicle.

 

(3) (2) The dollar amounts stated in this paragraph shall be adjusted for inflation based upon the Consumer Price Index for all urban consumers, known as the CPI-U, published by the United States Bureau of Labor Statistics.  The dollar amounts stated in this paragraph are based upon the value of that index for July 1995, which is the reference base index for purposes of this paragraph.  The dollar amounts in this paragraph shall change effective January 1 of each odd-numbered year based upon the percentage difference between the index for July of the preceding year and the reference base index, calculated to the nearest whole percentage point.  The commissioner shall announce and publish, on or before September 30 of the preceding year, the changes in the dollar amounts required by this paragraph to take effect on January 1 of each odd-numbered year.  The commissioner shall use the most recent revision of the July index available as of September 1.  Changes in the dollar amounts must be in increments of $5,000, and no change shall be made in a dollar amount until the change in the index requires at least a $5,000 change.  If the United States Bureau of Labor Statistics changes the base year upon which the CPI-U is based, the commissioner shall make the calculations necessary to convert from the old base year to the new base year.  If the CPI-U is discontinued, the commissioner shall use the available index that is most similar to the CPI-U.

 

(j) The plan of reparation security covering the owner of a rented motor vehicle is excess of any residual liability coverage insuring an operator of a rented motor vehicle if the vehicle is loaned as a replacement for a vehicle being serviced or repaired, regardless of whether a fee is charged for use of the vehicle, provided that the vehicle so loaned is owned by the service or repair business.

 

Sec. 26.  Minnesota Statutes 2004, section 70A.07, is amended to read:

 

70A.07 RATES AND FORMS OPEN TO INSPECTION. 

 

All rates, supplementary rate information, and forms furnished to the commissioner under this chapter shall, as soon as the commissioner's review has been completed within ten days of their effective date, be open to public inspection at any reasonable time.

 

Sec. 27.  Minnesota Statutes 2005 Supplement, section 72A.201, subdivision 6, is amended to read:

 

Subd. 6.  Standards for automobile insurance claims handling, settlement offers, and agreements.  In addition to the acts specified in subdivisions 4, 5, 7, 8, and 9, the following acts by an insurer, adjuster, or a self-insured or self-insurance administrator constitute unfair settlement practices:

 

(1) if an automobile insurance policy provides for the adjustment and settlement of an automobile total loss on the basis of actual cash value or replacement with like kind and quality and the insured is not an automobile dealer, failing to offer one of the following methods of settlement:

 

(a) comparable and available replacement automobile, with all applicable taxes, license fees, at least pro rata for the unexpired term of the replaced automobile's license, and other fees incident to the transfer or evidence of ownership of the automobile paid, at no cost to the insured other than the deductible amount as provided in the policy;


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(b) a cash settlement based upon the actual cost of purchase of a comparable automobile, including all applicable taxes, license fees, at least pro rata for the unexpired term of the replaced automobile's license, and other fees incident to transfer of evidence of ownership, less the deductible amount as provided in the policy.  The costs must be determined by:

 

(i) the cost of a comparable automobile, adjusted for mileage, condition, and options, in the local market area of the insured, if such an automobile is available in that area; or

 

(ii) one of two or more quotations obtained from two or more qualified sources located within the local market area when a comparable automobile is not available in the local market area.  The insured shall be provided the information contained in all quotations prior to settlement; or

 

(iii) any settlement or offer of settlement which deviates from the procedure above must be documented and justified in detail.  The basis for the settlement or offer of settlement must be explained to the insured;

 

(2) if an automobile insurance policy provides for the adjustment and settlement of an automobile partial loss on the basis of repair or replacement with like kind and quality and the insured is not an automobile dealer, failing to offer one of the following methods of settlement:

 

(a) to assume all costs, including reasonable towing costs, for the satisfactory repair of the motor vehicle.  Satisfactory repair includes repair of both obvious and hidden damage as caused by the claim incident.  This assumption of cost may be reduced by applicable policy provision; or

 

(b) to offer a cash settlement sufficient to pay for satisfactory repair of the vehicle.  Satisfactory repair includes repair of obvious and hidden damage caused by the claim incident, and includes reasonable towing costs;

 

(3) regardless of whether the loss was total or partial, in the event that a damaged vehicle of an insured cannot be safely driven, failing to exercise the right to inspect automobile damage prior to repair within five business days following receipt of notification of claim.  In other cases the inspection must be made in 15 days;

 

(4) regardless of whether the loss was total or partial, requiring unreasonable travel of a claimant or insured to inspect a replacement automobile, to obtain a repair estimate, to allow an insurer to inspect a repair estimate, to allow an insurer to inspect repairs made pursuant to policy requirements, or to have the automobile repaired;

 

(5) regardless of whether the loss was total or partial, if loss of use coverage exists under the insurance policy, failing to notify an insured at the time of the insurer's acknowledgment of claim, or sooner if inquiry is made, of the fact of the coverage, including the policy terms and conditions affecting the coverage and the manner in which the insured can apply for this coverage;

 

(6) regardless of whether the loss was total or partial, failing to include the insured's deductible in the insurer's demands under its subrogation rights.  Subrogation recovery must be shared at least on a proportionate basis with the insured, unless the deductible amount has been otherwise recovered by the insured, except that when an insurer is recovering directly from an uninsured third party by means of installments, the insured must receive the full deductible share as soon as that amount is collected and before any part of the total recovery is applied to any other use.  No deduction for expenses may be made from the deductible recovery unless an attorney is retained to collect the recovery, in which case deduction may be made only for a pro rata share of the cost of retaining the attorney.  An insured is not bound by any settlement of its insurer's subrogation claim with respect to the deductible amount, unless the insured receives, as a result of the subrogation settlement, the full amount of the deductible.  Recovery by the insurer and receipt by the insured of less than all of the insured's deductible amount does not affect the insured's rights to recover any unreimbursed portion of the deductible from parties liable for the loss;


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(7) requiring as a condition of payment of a claim that repairs to any damaged vehicle must be made by a particular contractor or repair shop or that parts, other than window glass, must be replaced with parts other than original equipment parts or engaging in any act or practice of intimidation, coercion, threat, incentive, or inducement for or against an insured to use a particular contractor or repair shop.  Consumer benefits included within preferred vendor programs must not be considered an incentive or inducement.  At the time a claim is reported, the insurer must provide the following advisory to the insured or claimant:

 

"Minnesota law gives You have the right to choose a repair shop to fix your vehicle.  Your policy will cover the reasonable costs of repairing your vehicle to its pre-accident condition no matter where you have repairs made.  Have you selected a repair shop or would you like a referral?"

 

After an insured has indicated that the insured has selected a repair shop, the insurer must cease all efforts to influence the insured's or claimant's choice of repair shop;

 

(8) where liability is reasonably clear, failing to inform the claimant in an automobile property damage liability claim that the claimant may have a claim for loss of use of the vehicle;

 

(9) failing to make a good faith assignment of comparative negligence percentages in ascertaining the issue of liability;

 

(10) failing to pay any interest required by statute on overdue payment for an automobile personal injury protection claim;

 

(11) if an automobile insurance policy contains either or both of the time limitation provisions as permitted by section 65B.55, subdivisions 1 and 2, failing to notify the insured in writing of those limitations at least 60 days prior to the expiration of that time limitation;

 

(12) if an insurer chooses to have an insured examined as permitted by section 65B.56, subdivision 1, failing to notify the insured of all of the insured's rights and obligations under that statute, including the right to request, in writing, and to receive a copy of the report of the examination;

 

(13) failing to provide, to an insured who has submitted a claim for benefits described in section 65B.44, a complete copy of the insurer's claim file on the insured, excluding internal company memoranda, all materials that relate to any insurance fraud investigation, materials that constitute attorney work-product or that qualify for the attorney-client privilege, and medical reviews that are subject to section 145.64, within ten business days of receiving a written request from the insured.  The insurer may charge the insured a reasonable copying fee.  This clause supersedes any inconsistent provisions of sections 72A.49 to 72A.505;

 

(14) if an automobile policy provides for the adjustment or settlement of an automobile loss due to damaged window glass, failing to provide payment to the insured's chosen vendor based on a competitive price that is fair and reasonable within the local industry at large.

 

Where facts establish that a different rate in a specific geographic area actually served by the vendor is required by that market, that geographic area must be considered.  This clause does not prohibit an insurer from recommending a vendor to the insured or from agreeing with a vendor to perform work at an agreed-upon price, provided, however, that before recommending a vendor, the insurer shall offer its insured the opportunity to choose the vendor.  If the insurer recommends a vendor, the insurer must also provide the following advisory:

 

"Minnesota law gives you the right to go to any glass vendor you choose, and prohibits me from pressuring you to choose a particular vendor.";


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(15) requiring that the repair or replacement of motor vehicle glass and related products and services be made in a particular place or shop or by a particular entity, or by otherwise limiting the ability of the insured to select the place, shop, or entity to repair or replace the motor vehicle glass and related products and services; or

 

(16) engaging in any act or practice of intimidation, coercion, threat, incentive, or inducement for or against an insured to use a particular company or location to provide the motor vehicle glass repair or replacement services or products.  For purposes of this section, a warranty shall not be considered an inducement or incentive.

 

Sec. 28.  Minnesota Statutes 2004, section 72C.10, subdivision 1, is amended to read:

 

Subdivision 1.  Readability compliance; filing and approval.  No insurer shall make, issue, amend, or renew any policy or contract after the dates specified in section 72C.11 for the applicable type of policy unless the contract is in compliance with the requirements of sections 72C.06 to 72C.09 and unless the contract is filed with the commissioner for approval.  The contract shall be deemed approved 90  60 days after filing unless disapproved by the commissioner within the 90-day 60-day period.  When an insurer, service plan corporation, or the Minnesota Comprehensive Health Association fails to respond to an objection or inquiry within 60 days, the filing is automatically disapproved.  A resubmission is required if action by the Department of Commerce is subsequently requested.  An additional filing fee is required for the resubmission.  The commissioner shall not unreasonably withhold approval.  Any disapproval shall be delivered to the insurer in writing, stating the grounds therefor.  Any policy filed with the commissioner shall be accompanied by a Flesch scale readability analysis and test score and by the insurer's certification that the policy or contract is in its judgment readable based on the factors specified in sections 72C.06 to 72C.08.

 

Sec. 29.  Minnesota Statutes 2004, section 79.01, is amended by adding a subdivision to read:

 

Subd. 1a.  Assigned risk plan.  "Assigned risk plan" means:

 

(1) the method to provide workers' compensation coverage to employers unable to obtain coverage through licensed workers' compensation companies; and

 

(2) the procedures established by the commissioner to implement that method of providing coverage including administration of all assigned risk losses and reserves.

 

Sec. 30.  Minnesota Statutes 2004, section 79.01, is amended by adding a subdivision to read:

 

Subd. 1b.  Employer.  "Employer" has the meaning given in section 176.011, subdivision 10.

 

Sec. 31.  Minnesota Statutes 2004, section 79.251, subdivision 1, is amended to read:

 

Subdivision 1.  General duties of commissioner.  (a)(1) The commissioner shall have all the usual powers and authorities necessary for the discharge of the commissioner's duties under this section and may contract with individuals in discharge of those duties.  The commissioner shall audit the reserves established (a) for individual cases arising under policies and contracts of coverage issued under subdivision 4 and (b) for the total book of business issued under subdivision 4.  If the commissioner determines on the basis of an audit that there is an excess surplus in the assigned risk plan, the commissioner must notify the commissioner of finance who shall transfer assets of the plan equal to the excess surplus to the budget reserve account in the general fund.

 

(2) The commissioner shall monitor the operations of section 79.252 and this section and shall periodically make recommendations to the governor and legislature when appropriate, for improvement in the operation of those sections.


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(3) All insurers and self-insurance administrators issuing policies or contracts under subdivision 4 shall pay to the commissioner a .25 percent assessment on premiums for policies and contracts of coverage issued under subdivision 4 for the purpose of defraying the costs of performing the duties under clauses (1) and (2).  Proceeds of the assessment shall be deposited in the state treasury and credited to the general fund.

 

(4) The assigned risk plan shall not be deemed a state agency.

 

(5) The commissioner shall monitor and have jurisdiction over all reserves maintained for assigned risk plan losses.

 

(b) As used in this subdivision, "excess surplus" means the amount of assigned risk plan assets in excess of the amount needed to pay all current liabilities of the plan, including, but not limited to:

 

(1) administrative expenses;

 

(2) benefit claims; and

 

(3) if the assigned risk plan is dissolved under subdivision 8, the amounts that would be due insurers who have paid assessments to the plan.

 

Sec. 32.  Minnesota Statutes 2004, section 79.251, is amended by adding a subdivision to read:

 

Subd. 2a.  Assigned risk rating plan.  (a) Employers insured through the assigned risk plan are subject to paragraphs (b) and (c).

 

(b) Classifications must be assigned according to a uniform classification system approved by the commissioner.

 

(c) Rates must be modified according to an experience rating plan approved by the commissioner.  Any experience rating plan is subject to Minnesota Rules, parts 2700.2800 and 2700.2900.

 

Sec. 33.  Minnesota Statutes 2004, section 79.252, is amended by adding a subdivision to read:

 

Subd. 2a.  Minimum qualifications.  Any employer that (1) is required to carry workers' compensation insurance pursuant to chapter 176 and (2) has a current written notice of refusal to insure pursuant to subdivision 2, is entitled to coverage upon making written application to the assigned risk plan, and paying the applicable premium.

 

Sec. 34.  Minnesota Statutes 2004, section 79.252, is amended by adding a subdivision to read:

 

Subd. 3a.  Disqualifying factors.  An employer may be denied or terminated from coverage through the assigned risk plan if the employer:

 

(1) applies for coverage for only a portion of the employer's statutory liability under chapter 176, excluding wrap-up policies;

 

(2) has an outstanding debt due and owing to the assigned risk plan at the time of renewal arising from a prior policy;

 

(3) persistently refuses to permit completion of an adequate payroll audit;

 

(4) repeatedly submits misleading or erroneous payroll information; or


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(5) flagrantly disregards safety or loss control recommendations.  Cancellation for nonpayment of premium may be initiated by the service contractor upon 60 days' written notice to the employer pursuant to section 176.185, subdivision 1.

 

Sec. 35.  Minnesota Statutes 2004, section 79.252, is amended by adding a subdivision to read:

 

Subd. 3b.  Occupational disease exposure.  An employer having a significant occupational disease exposure, as determined by the commissioner, to be entitled to coverage shall have physical examinations made:

 

(a) of employees who have not been examined within one year of the date of application for assignment;

 

(b) of new employees before hiring; and

 

(c) of terminated employees.  Upon request, the findings and reports of doctors making examinations, together with x-rays and other original exhibits, must be furnished to the assigned risk plan or the Department of Labor and Industry.

 

Sec. 36.  Minnesota Statutes 2005 Supplement, section 79A.04, subdivision 2, is amended to read:

 

Subd. 2.  Minimum deposit.  The minimum deposit is 110 percent of the private self-insurer's estimated future liability.  The deposit may be used to secure payment of all administrative and legal costs, and unpaid assessments required by section 79A.12, subdivision 2, relating to or arising from its or other employers' self-insuring.  As used in this section, "private self-insurer" includes both current and former members of the self-insurers' security fund; and "private self-insurers' estimated future liability" means the private self-insurers' total of estimated future liability as determined by an Associate or Fellow of the Casualty Actuarial Society every year for group member private self-insurers and, for a nongroup member private self-insurer's authority to self-insure, every year for the first five years.  After the first five years, the nongroup member's total shall be as determined by an Associate or Fellow of the Casualty Actuarial Society at least every two years, and each such actuarial study shall include a projection of future losses during the period until the next scheduled actuarial study, less payments anticipated to be made during that time.

 

All data and information furnished by a private self-insurer to an Associate or Fellow of the Casualty Actuarial Society for purposes of determining private self-insurers' estimated future liability must be certified by an officer of the private self-insurer to be true and correct with respect to payroll and paid losses, and must be certified, upon information and belief, to be true and correct with respect to reserves.  The certification must be made by sworn affidavit.  In addition to any other remedies provided by law, the certification of false data or information pursuant to this subdivision may result in a fine imposed by the commissioner of commerce on the private self-insurer up to the amount of $5,000, and termination of the private self-insurers' authority to self-insure.  The determination of private self-insurers' estimated future liability by an Associate or Fellow of the Casualty Actuarial Society shall be conducted in accordance with standards and principles for establishing loss and loss adjustment expense reserves by the Actuarial Standards Board, an affiliate of the American Academy of Actuaries.  The commissioner may reject an actuarial report that does not meet the standards and principles of the Actuarial Standards Board, and may further disqualify the actuary who prepared the report from submitting any future actuarial reports pursuant to this chapter.  Within 30 days after the actuary has been served by the commissioner with a notice of disqualification, an actuary who is aggrieved by the disqualification may request a hearing to be conducted in accordance with chapter 14.  Based on a review of the actuarial report, the commissioner of commerce may require an increase in the minimum security deposit in an amount the commissioner considers sufficient.

 

In addition, the Minnesota self-insurers' security fund may, at its sole discretion and cost, undertake an independent actuarial review or an actuarial study of a private self-insurers' estimated future liability as defined herein.  The review or study must be conducted by an associate or fellow of the Casualty Actuarial Society.  The


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actuary has the right to receive and review data and information of the self-insurer necessary for the actuary to complete its review or study.  A copy of this report must be filed with the commissioner and a copy must be furnished to the self-insurer.

 

Estimated future liability is determined by first taking the total amount of the self-insured's future liability of workers' compensation claims and then deducting the total amount which is estimated to be returned to the self-insurer from any specific excess insurance coverage, aggregate excess insurance coverage, and any supplementary benefits or second injury benefits which are estimated to be reimbursed by the special compensation fund.  However, in the determination of estimated future liability, the actuary for the self-insurer shall not take a credit for any excess insurance or reinsurance which is provided by a captive insurance company which is wholly owned by the self-insurer.  Supplementary benefits or second injury benefits will not be reimbursed by the special compensation fund unless the special compensation fund assessment pursuant to section 176.129 is paid and the reports required thereunder are filed with the special compensation fund.  In the case of surety bonds, bonds shall secure administrative and legal costs in addition to the liability for payment of compensation reflected on the face of the bond.  In no event shall the security be less than the last retention limit selected by the self-insurer with the Workers' Compensation Reinsurance Association, provided that the commissioner may allow former members to post less than the Workers' Compensation Reinsurance Association retention level if that amount is adequate to secure payment of the self-insurers' estimated future liability, as defined in this subdivision, including payment of claims, administrative and legal costs, and unpaid assessments required by section 79A.12, subdivision 2.  The posting or depositing of security pursuant to this section shall release all previously posted or deposited security from any obligations under the posting or depositing and any surety bond so released shall be returned to the surety.  Any other security shall be returned to the depositor or the person posting the bond.

 

As a condition for the granting or renewing of a certificate to self-insure, the commissioner may require a private self-insurer to furnish any additional security the commissioner considers sufficient to insure payment of all claims under chapter 176.

 

Sec. 37.  Minnesota Statutes 2004, section 79A.23, subdivision 3, is amended to read:

 

Subd. 3.  Operational audit.  (a) The commissioner, prior to authorizing surplus distribution of a commercial self-insurance group's first fund year or no later than after the third anniversary of the group's authority to self-insure, may conduct an operational audit of the commercial self-insurance group's claim handling and reserve practices as well as its underwriting procedures to determine if they adhere to the group's business plan and sound business practices.  The commissioner may select outside consultants to assist in conducting the audit.  After completion of the audit, the commissioner shall either renew or revoke the commercial self-insurance group's authority to self-insure.  The commissioner may also order any changes deemed necessary in the claims handling, reserving practices, or underwriting procedures of the group.

 

(b) The cost of the operational audit shall be borne by the commercial self-insurance group.

 

Sec. 38.  Minnesota Statutes 2004, section 79A.32, is amended to read:

 

79A.32 REPORTING TO MINNESOTA WORKERS' COMPENSATION INSURERS' ASSOCIATION LICENSED DATA SERVICE ORGANIZATIONS. 

 

Subdivision 1.  Required activity.  Each self-insurer shall perform the following activities:

 

(1) maintain membership in and report loss experience data to the Minnesota Workers' Compensation Insurers Association, or a licensed data service organization, in accordance with the statistical plan and rules of the organization as approved by the commissioner;


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(2) establish a plan for merit rating which shall be consistently applied to all insureds, provided that members of a data service organization may use merit rating plans developed by that data service organization;

 

(3) provide an annual report to the commissioner containing the information and prepared in the form required by the commissioner; and

 

(4) keep a record of the losses paid by the self-insurers and premiums for the group self-insurers.

 

Subd. 2.  Permitted activity.  In addition to any other activities not prohibited by this chapter, self-insurers may Through data service organizations licensed under chapter 79, self-insurers may:

 

(1) through licensed data service organizations, individually, or with self-insurers commonly owned, managed, or controlled, conduct research and collect statistics to investigate, identify, and classify information relating to causes or prevention of losses; and

 

(2) develop and use classification plans and rates based upon any reasonable factors; and at the request of a private self-insurer or self-insurer group, submit and collect data, including payroll and loss data; and perform calculations, including calculations of experience modifications of individual self-insured employers.

 

(3) develop rules for the assignment of risks to classifications.

 

Subd. 3.  Delayed reporting.  Private self-insurers established under sections 79A.01 to 79A.18 prior to August 1, 1995, need not begin filing the reports required under subdivision 1 until January 1, 1998.

 

Sec. 39.  REPEALER. 

 

Minnesota Rules, parts 2781.0100; 2781.0200; 2781.0300; 2781.0400; 2781.0500; and 2781.0600, are repealed."

 

      Delete the title and insert:

 

      "A bill for an act relating to commerce; regulating licensee education; regulating certain insurance forms and rates, coverages, filings and reportings, utilization reviews, and claims; amending Minnesota Statutes 2004, sections 60C.02, subdivision 1; 61A.02, subdivision 3; 61A.092, subdivisions 1, 3; 62A.02, subdivision 3; 62A.095, subdivision 1; 62A.17, subdivisions 1, 2, 5; 62A.27; 62A.3093; 62C.14, subdivisions 9, 10; 62E.13, subdivision 3; 62E.14, subdivision 5; 62L.02, subdivision 24; 62M.01, subdivision 2; 62M.09, subdivision 9; 70A.07; 72C.10, subdivision 1; 79.01, by adding subdivisions; 79.251, subdivision 1, by adding a subdivision; 79.252, by adding subdivisions; 79A.23, subdivision 3; 79A.32; Minnesota Statutes 2005 Supplement, sections 45.22; 45.23; 59B.01; 62Q.75, subdivision 3; 65B.49, subdivision 5a; 72A.201, subdivision 6; 79A.04, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 62A; repealing Minnesota Rules, parts 2781.0100; 2781.0200; 2781.0300; 2781.0400; 2781.0500; 2781.0600."

 

 

      The motion prevailed and the amendment was adopted.

 

 

Wilkin moved to amend S. F. No. 3480, as amended, as follows:

 

Page 2, delete section 3

 

Page 3, delete section 4


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Page 7, delete sections 10 and 11

 

Page 10, delete section 14 and insert:

 

"Sec. 14.  Minnesota Statutes 2004, section 62A.3093, is amended to read:

 

62A.3093 COVERAGE FOR DIABETES. 

 

Subdivision 1.  Required coverage.  A health plan, including a plan providing the coverage specified in section 62A.011, subdivision 3, clause (10), must provide coverage for: (1) all physician prescribed medically appropriate and necessary equipment and supplies used in the management and treatment of diabetes; and (2) diabetes outpatient self-management training and education, including medical nutrition therapy, that is provided by a certified, registered, or licensed health care professional working in a program consistent with the national standards of diabetes self-management education as established by the American Diabetes Association.  Coverage must include persons with gestational, type I or type II diabetes.  Coverage required under this section is subject to the same deductible or coinsurance provisions applicable to the plan's hospital, medical expense, medical equipment, or prescription drug benefits.  A health carrier may not reduce or eliminate coverage due to this requirement.

 

Subd. 2.  Medicare Part D exception.  A health plan providing the coverage specified in section 62A.011, subdivision 3, clause (10), is not subject to the requirements of subdivision 1, clause (1), with respect to equipment and supplies covered under the Medicare Part D Prescription Drug program, whether or not the covered person is enrolled in a Medicare Part D plan.

 

This subdivision does not apply to a health plan providing the coverage specified in section 62A.011, subdivision 3, clause (10), that was in effect on December 31, 2005, if the covered person remains enrolled in the plan and does not enroll in a Medicare Part D plan.

 

EFFECTIVE DATE.  This section is effective retroactive to January 1, 2006.

 

Sec. 15.  Minnesota Statutes 2005 Supplement, section 62A.316, is amended to read:

 

62A.316 BASIC MEDICARE SUPPLEMENT PLAN; COVERAGE. 

 

(a) The basic Medicare supplement plan must have a level of coverage that will provide:

 

(1) coverage for all of the Medicare Part A inpatient hospital coinsurance amounts, and 100 percent of all Medicare part A eligible expenses for hospitalization not covered by Medicare, after satisfying the Medicare Part A deductible;

 

(2) coverage for the daily co-payment amount of Medicare Part A eligible expenses for the calendar year incurred for skilled nursing facility care;

 

(3) coverage for the coinsurance amount, or in the case of outpatient department services paid under a prospective payment system, the co-payment amount, of Medicare eligible expenses under Medicare Part B regardless of hospital confinement, subject to the Medicare Part B deductible amount;

 

(4) 80 percent of the hospital and medical expenses and supplies incurred during travel outside the United States as a result of a medical emergency;


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(5) coverage for the reasonable cost of the first three pints of blood, or equivalent quantities of packed red blood cells as defined under federal regulations under Medicare Parts A and B, unless replaced in accordance with federal regulations;

 

(6) 100 percent of the cost of immunizations not otherwise covered under Part D of the Medicare program and routine screening procedures for cancer screening including mammograms and pap smears; and

 

(7) 80 percent of coverage for all physician prescribed medically appropriate and necessary equipment and supplies used in the management and treatment of diabetes not otherwise covered under Part D of the Medicare program.  Coverage must include persons with gestational, type I, or type II diabetes.  Coverage under this clause is subject to section 62A.3093, subdivision 2.

 

(b) Only the following optional benefit riders may be added to this plan:

 

(1) coverage for all of the Medicare Part A inpatient hospital deductible amount;

 

(2) a minimum of 80 percent of eligible medical expenses and supplies not covered by Medicare Part B, not to exceed any charge limitation established by the Medicare program or state law;

 

(3) coverage for all of the Medicare Part B annual deductible;

 

(4) coverage for at least 50 percent, or the equivalent of 50 percent, of usual and customary prescription drug expenses.  An outpatient prescription drug benefit must not be included for sale or issuance in a Medicare policy or certificate issued on or after January 1, 2006;

 

(5) preventive medical care benefit coverage for the following preventative health services not covered by Medicare:

 

(i) an annual clinical preventive medical history and physical examination that may include tests and services from clause (ii) and patient education to address preventive health care measures;

 

(ii) preventive screening tests or preventive services, the selection and frequency of which is determined to be medically appropriate by the attending physician.

 

Reimbursement shall be for the actual charges up to 100 percent of the Medicare-approved amount for each service, as if Medicare were to cover the service as identified in American Medical Association current procedural terminology (AMA CPT) codes, to a maximum of $120 annually under this benefit.  This benefit shall not include payment for a procedure covered by Medicare;

 

(6) coverage for services to provide short-term at-home assistance with activities of daily living for those recovering from an illness, injury, or surgery:

 

(i) For purposes of this benefit, the following definitions apply:

 

(A) "activities of daily living" include, but are not limited to, bathing, dressing, personal hygiene, transferring, eating, ambulating, assistance with drugs that are normally self-administered, and changing bandages or other dressings;

 

(B) "care provider" means a duly qualified or licensed home health aide/homemaker, personal care aid, or nurse provided through a licensed home health care agency or referred by a licensed referral agency or licensed nurses registry;


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(C) "home" means a place used by the insured as a place of residence, provided that the place would qualify as a residence for home health care services covered by Medicare.  A hospital or skilled nursing facility shall not be considered the insured's place of residence;

 

(D) "at-home recovery visit" means the period of a visit required to provide at-home recovery care, without limit on the duration of the visit, except each consecutive four hours in a 24-hour period of services provided by a care provider is one visit;

 

(ii) Coverage requirements and limitations:

 

(A) at-home recovery services provided must be primarily services that assist in activities of daily living;

 

(B) the insured's attending physician must certify that the specific type and frequency of at-home recovery services are necessary because of a condition for which a home care plan of treatment was approved by Medicare;

 

(C) coverage is limited to:

 

(I) no more than the number and type of at-home recovery visits certified as necessary by the insured's attending physician.  The total number of at-home recovery visits shall not exceed the number of Medicare-approved home care visits under a Medicare-approved home care plan of treatment;

 

(II) the actual charges for each visit up to a maximum reimbursement of $40 per visit;

 

(III) $1,600 per calendar year;

 

(IV) seven visits in any one week;

 

(V) care furnished on a visiting basis in the insured's home;

 

(VI) services provided by a care provider as defined in this section;

 

(VII) at-home recovery visits while the insured is covered under the policy or certificate and not otherwise excluded;

 

(VIII) at-home recovery visits received during the period the insured is receiving Medicare-approved home care services or no more than eight weeks after the service date of the last Medicare-approved home health care visit;

 

(iii) Coverage is excluded for:

 

(A) home care visits paid for by Medicare or other government programs; and

 

(B) care provided by family members, unpaid volunteers, or providers who are not care providers;

 

(7) coverage for at least 50 percent, or the equivalent of 50 percent, of usual and customary prescription drug expenses to a maximum of $1,200 paid by the issuer annually under this benefit.  An issuer of Medicare supplement insurance policies that elects to offer this benefit rider shall also make available coverage that contains the rider specified in clause (4).  An outpatient prescription drug benefit must not be included for sale or issuance in a Medicare policy or certificate issued on or after January 1, 2006.

 

EFFECTIVE DATE.  This section is effective retroactive to January 1, 2006."


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Page 26, line 11, delete "self-insurers'" and insert "self-insurer's"

 

Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly

 

 

      The motion prevailed and the amendment was adopted.

 

 

Wilkin and Huntley moved to amend S. F. No. 3480, as amended, as follows:

 

Page 1, after the enacting clause insert:

 

"ARTICLE 1

 

GENERAL INSURANCE PROVISIONS"

 

Page 28 after line 17, insert:

 

"ARTICLE 2

 

HEALTH INSURANCE CHANGES

 

Section 1.  Minnesota Statutes 2004, section 62A.02, is amended by adding a subdivision to read:

 

Subd. 3a.  Individual policy rates file and use; minimum lifetime loss ratio guarantee.  (a) Notwithstanding subdivisions 2, 3, 4a, 5a, and 6, individual premium rates may be used upon filing with the department of an individual policy form if the filing is accompanied by the individual policy form filing and a minimum lifetime loss ratio guarantee.  Insurers may use the filing procedure specified in this subdivision only if the affected individual policy forms disclose the benefit of a minimum lifetime loss ratio guarantee.  Insurers may amend individual policy forms to provide for a minimum lifetime loss ratio guarantee.  If an insurer elects to use the filing procedure in this subdivision for an individual policy rate, the insurer shall not use a filing of premium rates that does not provide a minimum lifetime loss ratio guarantee for that individual policy rate.

 

(b) The minimum lifetime loss ratio guarantee must be in writing and must contain at least the following:

 

(1) an actuarial memorandum specifying the expected loss ratio that complies with the standards as set forth in this subdivision;

 

(2) a statement certifying that all rates, fees, dues, and other charges are not excessive, inadequate, or unfairly discriminatory;

 

(3) detailed experience information concerning the policy forms;

 

(4) a step-by-step description of the process used to develop the minimum lifetime loss ratio, including demonstration with supporting data;


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(5) guarantee of specific minimum lifetime loss ratio that must be greater than or equal to the minimum loss ratio that applies to the health carrier under section 62A.021, subdivision 1, paragraph (a), (f), or (g), for policies issued to individuals or for certificates issued to members of an association that does not offer coverage to small employers, taking into consideration adjustments for duration;

 

(6) a guarantee that the actual Minnesota loss ratio for the calendar year in which the new rates take effect, and for each year thereafter until new rates are filed, will meet or exceed the minimum lifetime loss ratio standards referred to in clause (5), adjusted for duration;

 

(7) a guarantee that the actual Minnesota lifetime loss ratio shall meet or exceed the minimum lifetime loss ratio standards referred to in clause (5); and

 

(8) if the annual earned premium volume in Minnesota under the particular policy form is less than $2,500,000, the minimum lifetime loss ratio guarantee must be based partially on the Minnesota earned premium and other credible factors as specified by the commissioner.

 

(c) The actual Minnesota minimum loss ratio results for each year at issue must be independently audited at the insurer's expense, and the audit report must be filed with the commissioner not later than 120 days after the end of the year at issue.

 

(d) The insurer shall refund premiums in the amount necessary to bring the actual loss ratio up to the guaranteed minimum lifetime loss ratio.  For the purpose of this paragraph, loss ratio and guaranteed minimum lifetime loss ratio are the expected aggregate loss ratio of all approved individual policy forms that provide for a minimum lifetime loss ratio guarantee.

 

(e) A Minnesota policyholder affected by the guaranteed minimum lifetime loss ratio shall receive a portion of the premium refund relative to the premium paid by the policyholder.  The refund must be made to all Minnesota policyholders insured under the applicable policy form during the year at issue if the refund would equal $10 or more per policy.  The refund must include statutory interest from July 1 of the year at issue until the date of payment.  Payment must be made not later than 180 days after the end of the year at issue.

 

(f) Premium refunds of less than $10 per insured must be credited to the policyholder's account.

 

(g) Subdivisions 2 and 3 do not apply if premium rates are filed with the department and accompanied by a minimum lifetime loss ratio guarantee that meets the requirements of this subdivision.  Such filings are deemed approved.  When determining a loss ratio for the purposes of a minimum lifetime loss ratio guarantee, the insurer shall divide the total of the claims incurred, plus preferred provider organization expenses, case management, and utilization review expenses, plus reinsurance premiums less reinsurance recoveries by the premiums earned less state and local taxes less other assessments.  The insurer shall identify any assessment allocated.

 

(h) The policy form filing of an insurer using the filing procedure with a minimum lifetime loss ratio guarantee must disclose to the enrollee, member, or subscriber an explanation of the minimum lifetime loss ratio guarantee, and the actual loss ratio, and any adjustments for duration.

 

(i) The insurer who elects to use the filing procedure with a minimum lifetime loss ratio guarantee shall notify all policyholders of the refund calculation, the result of the refund calculation, the percentage of premium on an aggregate basis to be refunded, if any, any amount of the refund attributed to the payment of interests, and an explanation of amounts less than $10.


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Sec. 2.  Minnesota Statutes 2004, section 62A.021, subdivision 1, is amended to read:

 

Subdivision 1.  Loss ratio standards.  (a) Notwithstanding section 62A.02, subdivision 3, relating to loss ratios, and except as otherwise authorized by section 62A.02, subdivision 3a, for individual policies or certificates, health care policies or certificates shall not be delivered or issued for delivery to an individual or to a small employer as defined in section 62L.02, unless the policies or certificates can be expected, as estimated for the entire period for which rates are computed to provide coverage, to return to Minnesota policyholders and certificate holders in the form of aggregate benefits not including anticipated refunds or credits, provided under the policies or certificates, (1) at least 75 percent of the aggregate amount of premiums earned in the case of policies issued in the small employer market, as defined in section 62L.02, subdivision 27, calculated on an aggregate basis; and (2) at least 65 percent of the aggregate amount of premiums earned in the case of each policy form or certificate form issued in the individual market; calculated on the basis of incurred claims experience or incurred health care expenses where coverage is provided by a health maintenance organization on a service rather than reimbursement basis and earned premiums for the period and according to accepted actuarial principles and practices.  Assessments by the reinsurance association created in chapter 62L and all types of taxes, surcharges, or assessments created by Laws 1992, chapter 549, or created on or after April 23, 1992, are included in the calculation of incurred claims experience or incurred health care expenses.  The applicable percentage for policies and certificates issued in the small employer market, as defined in section 62L.02, increases by one percentage point on July 1 of each year, beginning on July 1, 1994, until an 82 percent loss ratio is reached on July 1, 2000.  The applicable percentage for policy forms and certificate forms issued in the individual market increases by one percentage point on July 1 of each year, beginning on July 1, 1994, until a 72 percent loss ratio is reached on July 1, 2000.  A health carrier that enters a market after July 1, 1993, does not start at the beginning of the phase-in schedule and must instead comply with the loss ratio requirements applicable to other health carriers in that market for each time period.  Premiums earned and claims incurred in markets other than the small employer and individual markets are not relevant for purposes of this section.

 

(b) All filings of rates and rating schedules shall demonstrate that actual expected claims in relation to premiums comply with the requirements of this section when combined with actual experience to date.  Filings of rate revisions shall also demonstrate that the anticipated loss ratio over the entire future period for which the revised rates are computed to provide coverage can be expected to meet the appropriate loss ratio standards, and aggregate loss ratio from inception of the policy form or certificate form shall equal or exceed the appropriate loss ratio standards.

 

(c) A health carrier that issues health care policies and certificates to individuals or to small employers, as defined in section 62L.02, in this state shall file annually its rates, rating schedule, and supporting documentation including ratios of incurred losses to earned premiums by policy form or certificate form duration for approval by the commissioner according to the filing requirements and procedures prescribed by the commissioner.  The supporting documentation shall also demonstrate in accordance with actuarial standards of practice using reasonable assumptions that the appropriate loss ratio standards can be expected to be met over the entire period for which rates are computed.  The demonstration shall exclude active life reserves.  If the data submitted does not confirm that the health carrier has satisfied the loss ratio requirements of this section, the commissioner shall notify the health carrier in writing of the deficiency.  The health carrier shall have 30 days from the date of the commissioner's notice to file amended rates that comply with this section.  If the health carrier fails to file amended rates within the prescribed time, the commissioner shall order that the health carrier's filed rates for the nonconforming policy form or certificate form be reduced to an amount that would have resulted in a loss ratio that complied with this section had it been in effect for the reporting period of the supplement.  The health carrier's failure to file amended rates within the specified time or the issuance of the commissioner's order amending the rates does not preclude the health carrier from filing an amendment of its rates at a later time.  The commissioner shall annually make the submitted data available to the public at a cost not to exceed the cost of copying.  The data must be compiled in a form useful for consumers who wish to compare premium charges and loss ratios.


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(d) Each sale of a policy or certificate that does not comply with the loss ratio requirements of this section is an unfair or deceptive act or practice in the business of insurance and is subject to the penalties in sections 72A.17 to 72A.32.

 

(e)(1) For purposes of this section, health care policies issued as a result of solicitations of individuals through the mail or mass media advertising, including both print and broadcast advertising, shall be treated as individual policies.

 

(2) For purposes of this section, (i) "health care policy" or "health care certificate" is a health plan as defined in section 62A.011; and (ii) "health carrier" has the meaning given in section 62A.011 and includes all health carriers delivering or issuing for delivery health care policies or certificates in this state or offering these policies or certificates to residents of this state.

 

(f) The loss ratio phase-in as described in paragraph (a) does not apply to individual policies and small employer policies issued by a health plan company that is assessed less than three percent of the total annual amount assessed by the Minnesota Comprehensive Health Association.  These policies must meet a 68 percent loss ratio for individual policies, a 71 percent loss ratio for small employer policies with fewer than ten employees, and a 75 percent loss ratio for all other small employer policies.

 

(g) Notwithstanding paragraphs (a) and (f), the loss ratio shall be 60 percent for a health plan as defined in section 62A.011, offered by an insurance company licensed under chapter 60A that is assessed less than ten percent of the total annual amount assessed by the Minnesota Comprehensive Health Association.  For purposes of the percentage calculation of the association's assessments, an insurance company's assessments include those of its affiliates.

 

(h) The commissioners of commerce and health shall each annually issue a public report listing, by health plan company, the actual loss ratios experienced in the individual and small employer markets in this state by the health plan companies that the commissioners respectively regulate.  The commissioners shall coordinate release of these reports so as to release them as a joint report or as separate reports issued the same day.  The report or reports shall be released no later than June 1 for loss ratios experienced for the preceding calendar year.  Health plan companies shall provide to the commissioners any information requested by the commissioners for purposes of this paragraph.

 

Sec. 3.  Minnesota Statutes 2004, section 62A.65, subdivision 3, is amended to read:

 

Subd. 3.  Premium rate restrictions.  No individual health plan may be offered, sold, issued, or renewed to a Minnesota resident unless the premium rate charged is determined in accordance with the following requirements:

 

(a) Premium rates must be no more than 25 percent above and no more than 25 percent below the index rate charged to individuals for the same or similar coverage, adjusted pro rata for rating periods of less than one year.  The premium variations permitted by this paragraph must be based only upon health status, claims experience, and occupation.  For purposes of this paragraph, health status includes refraining from tobacco use or other actuarially valid lifestyle factors associated with good health, provided that the lifestyle factor and its effect upon premium rates have been determined by the commissioner to be actuarially valid and have been approved by the commissioner.  Variations permitted under this paragraph must not be based upon age or applied differently at different ages.  This paragraph does not prohibit use of a constant percentage adjustment for factors permitted to be used under this paragraph.

 

(b) Premium rates may vary based upon the ages of covered persons only as provided in this paragraph.  In addition to the variation permitted under paragraph (a), each health carrier may use an additional premium variation based upon age of up to plus or minus 50 percent of the index rate.


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(c) A health carrier may request approval by the commissioner to establish no more than three separate geographic regions determined by the health carrier and to establish separate index rates for each such region, provided that the index rates do not vary between any two regions by more than 20 percent.  Health carriers that do not do business in the Minneapolis/St.  Paul metropolitan area may request approval for no more than two geographic regions, and clauses (2) and (3) do not apply to approval of requests made by those health carriers.  The commissioner may shall grant approval if the following conditions are met:

 

(1) the geographic regions must be applied uniformly by the health carrier;

 

(2) one geographic region must be based on the Minneapolis/St.  Paul metropolitan area;

 

(3) for each geographic region that is rural, the index rate for that region must not exceed the index rate for the Minneapolis/St.  Paul metropolitan area; and

 

(2) each geographic region must be composed of no fewer than seven counties that create a contiguous region; and

 

(4) (3) the health carrier provides actuarial justification acceptable to the commissioner for the proposed geographic variations in index rates, establishing that the variations are based upon differences in the cost to the health carrier of providing coverage.

 

(d) Health carriers may use rate cells and must file with the commissioner the rate cells they use.  Rate cells must be based upon the number of adults or children covered under the policy and may reflect the availability of Medicare coverage.  The rates for different rate cells must not in any way reflect generalized differences in expected costs between principal insureds and their spouses.

 

(e) In developing its index rates and premiums for a health plan, a health carrier shall take into account only the following factors:

 

(1) actuarially valid differences in rating factors permitted under paragraphs (a) and (b); and

 

(2) actuarially valid geographic variations if approved by the commissioner as provided in paragraph (c).

 

(f) All premium variations must be justified in initial rate filings and upon request of the commissioner in rate revision filings.  All rate variations are subject to approval by the commissioner.

 

(g) The loss ratio must comply with the section 62A.021 requirements for individual health plans.

 

(h) The rates must not be approved, unless the commissioner has determined that the rates are reasonable.  In determining reasonableness, the commissioner shall consider the growth rates applied under section 62J.04, subdivision 1, paragraph (b), to the calendar year or years that the proposed premium rate would be in effect, actuarially valid changes in risks associated with the enrollee populations, and actuarially valid changes as a result of statutory changes in Laws 1992, chapter 549.

 

(i) An insurer may, as part of a minimum lifetime loss ratio guarantee filing under section 62A.02, subdivision 3a, include a rating practices guarantee as provided in this paragraph.  The rating practices guarantee must be in writing and must guarantee that the policy form will be offered, sold, issued, and renewed only with premium rates and premium rating practices that comply with subdivisions 2, 3, 4, and 5.  The rating practices guarantee must be accompanied by an actuarial memorandum that demonstrates that the premium rates and premium rating system


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used in connection with the policy form will satisfy the guarantee.  The guarantee must guarantee refunds of any excess premiums to policyholders charged premiums that exceed those permitted under subdivision 2, 3, 4, or 5.  An insurer that complies with this paragraph in connection with a policy form is exempt from the requirement of prior approval by the commissioner under paragraphs (c), (f), and (h).

 

EFFECTIVE DATE.  The amendments to paragraph (c) of this section are effective January 1, 2007, and apply to policies issued or renewed on or after that date.

 

Sec. 4.  [62Q.80] COMMUNITY-BASED HEALTH CARE COVERAGE PROGRAM. 

 

Subdivision 1.  Scope.  (a) A community-based health care initiative may develop and operate a community-based health care coverage program that offers to eligible individuals and their dependents the option of purchasing through their employer health care coverage on a fixed prepaid basis without meeting the requirements of chapter 60A, 62A, 62C, 62D, 62Q, or 62T, or any other law or rule that applies to entities licensed under these chapters.

 

(b) The initiative shall establish health outcomes to be achieved through the program and performance measurements in order to determine whether these outcomes have been met.  The outcomes must include, but are not limited to:

 

(1) a reduction in uncompensated care provided by providers participating in the community-based health network;

 

(2) an increase in the delivery of preventive health care services; and

 

(3) health improvement for enrollees with chronic health conditions through the management of these conditions.

 

In establishing performance measurements, the initiative shall use measures that are consistent with measures published by nonprofit Minnesota or national organizations that produce and disseminate health care quality measures.

 

(c) Any program established under this section shall not constitute a financial liability for the state, in that any financial risk involved in the operation or termination of the program shall be borne by the community-based initiative and the participating health care providers.

 

Subd. 2.  Definitions.  For purposes of this section, the following definitions apply:

 

(a) "Community-based" means located in or primarily relating to the community of geographically contiguous political subdivisions, as determined by the board of a community-based health initiative that is served by the community-based health care coverage program.

 

(b) "Community-based health care coverage program" or "program" means a program administered by a community-based health initiative that provides health care services through provider members of a community-based health network or combination of networks to eligible individuals and their dependents who are enrolled in the program.

 

(c) "Community-based health initiative" means a nonprofit corporation that is governed by a board that has at least 80 percent of its members residing in the community and includes representatives of the participating network providers and employers.


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(d) "Community-based health network" means a contract-based network of health care providers organized by the community-based health initiative to provide or support the delivery of health care services to enrollees of the community-based health care coverage program on a risk-sharing or nonrisk-sharing basis.

 

(e) "Dependent" means an eligible employee's spouse or unmarried child who is under the age of 19 years.

 

Subd. 3.  Approval.  (a) Prior to the operation of a community-based health care coverage program, a community-based health initiative shall submit to the commissioner of health for approval the community-based health care coverage program developed by the initiative.  The commissioner shall only approve a program that has been awarded a community access program grant from the United States Department of Health and Human Services.  The commissioner shall ensure that the program meets the federal grant requirements and any requirements described in this section and is actuarially sound based on a review of appropriate records and methods utilized by the community-based health initiative in establishing premium rates for the community-based health care coverage program.

 

(b) Prior to approval, the commissioner shall also ensure that:

 

(1) the benefits offered comply with subdivision 8 and that there are adequate numbers of health care providers participating in the community-based health network to deliver the benefits offered under the program;

 

(2) the activities of the program are limited to activities that are exempt under this section or otherwise from regulation by the commissioner of commerce;

 

(3) the complaint resolution process meets the requirements of subdivision 10; and

 

(4) the data privacy policies and procedures comply with state and federal law.

 

Subd. 4.  Establishment.  (a) The initiative shall establish and operate upon approval by the commissioner of health a community-based health care coverage program.  The operational structure established by the initiative shall include, but is not limited to:

 

(1) establishing a process for enrolling eligible individuals and their dependents;

 

(2) collecting and coordinating premiums from enrollees and employers of enrollees;

 

(3) providing payment to participating providers;

 

(4) establishing a benefit set according to subdivision 8 and establishing premium rates and cost-sharing requirements;

 

(5) creating incentives to encourage primary care and wellness services; and

 

(6) initiating disease management services, as appropriate.

 

(b) The payments collected under paragraph (a), clause (2), may be used to capture available federal funds.

 

Subd. 5.  Qualifying employees.  To be eligible for the community-based health care coverage program, an individual must:

 

(1) reside in or work within the designated community-based geographic area served by the program;


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(2) be employed by a qualifying employer or be an employee's dependent;

 

(3) not be enrolled in or have currently available health coverage; and

 

(4) not be enrolled in medical assistance, general assistance medical care, MinnesotaCare, or Medicare.

 

Subd. 6.  Qualifying employers.  (a) To qualify for participation in the community-based health care coverage program, an employer must:

 

(1) employ at least one but no more than 50 employees at the time of initial enrollment in the program;

 

(2) pay its employees a median wage of $12.50 per hour or less; and

 

(3) not have offered employer-subsidized health coverage to its employees for at least 12 months prior to the initial enrollment in the program.  For purposes of this section, "employer-subsidized health coverage" means health care coverage for which the employer pays at least 50 percent of the cost of coverage for the employee.

 

(b) To participate in the program, a qualifying employer agrees to:

 

(1) offer health care coverage through the program to all eligible employees and their dependents regardless of health status;

 

(2) participate in the program for an initial term of at least one year;

 

(3) pay a percentage of the premium established by the initiative for the employee; and

 

(4) provide the initiative with any employee information deemed necessary by the initiative to determine eligibility and premium payments.

 

Subd. 7.  Participating providers.  Any health care provider participating in the community-based health network must accept as payment in full the payment rate established by the initiative and may not charge to or collect from an enrollee any amount in access of this amount for any service covered under the program.

 

Subd. 8.  Coverage.  (a) The initiative shall establish the health care benefits offered through the community-based health care coverage program.  The benefits established shall include, at a minimum:

 

(1) child health supervision services up to age 18, as defined under section 62A.047; and

 

(2) preventive services, including:

 

(i) health education and wellness services;

 

(ii) health supervision, evaluation, and follow-up;

 

(iii) immunizations; and

 

(iv) early disease detection.

 

(b) Coverage of health care services offered by the program may be limited to participating health care providers or health networks.  All services covered under the program must be services that are offered within the scope of practice of the participating health care providers.


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(c) The initiative may establish cost-sharing requirements.  Any co-payment or deductible provisions established may not discriminate on the basis of age, sex, race, disability, economic status, or length of enrollment in the program.

 

(d) If the initiative amends or alters the benefits offered through the program from the initial offering, the initiative must notify the commissioner of health and all enrollees of the benefit change.

 

Subd. 9.  Enrollee information.  (a) The initiative must provide an individual or family who enrolls in the program a clear and concise written statement that includes the following information:

 

(1) health care services that are provided under the program;

 

(2) any exclusions or limitations on the health care services offered, including any cost-sharing arrangements or prior authorization requirements;

 

(3) a list of where the health care services can be obtained and that all health care services must be provided by or through a participating health care provider or community-based health network;

 

(4) a description of the program's complaint resolution process, including how to submit a complaint; how to file a complaint with the commissioner of health; and how to obtain an external review of any adverse decisions as provided under subdivision 10;

 

(5) the conditions under which the program or coverage under the program may be canceled or terminated; and

 

(6) a precise statement specifying that this program is not an insurance product and, as such, is exempt from state regulation of insurance products.

 

(b) The commissioner of health must approve a copy of the written statement prior to the operation of the program.

 

Subd. 10.  Complaint resolution process.  (a) The initiative must establish a complaint resolution process.  The process must make reasonable efforts to resolve complaints and to inform complainants in writing of the initiative's decision within 60 days of receiving the complaint.  Any decision that is adverse to the enrollee shall include a description of the right to an external review as provided in paragraph (c) and how to exercise this right.

 

(b) The initiative must report any complaint that is not resolved within 60 days to the commissioner of health.

 

(c) The initiative must include in the complaint resolution process the ability of an enrollee to pursue the external review process provided under section 62Q.73 with any decision rendered under this external review process binding on the initiative.

 

Subd. 11.  Data privacy.  The initiative shall establish data privacy policies and procedures for the program that comply with state and federal data privacy laws.

 

Subd. 12.  Limitations on enrollment.  (a) The initiative may limit enrollment in the program.  If enrollment is limited, a waiting list must be established.

 

(b) The initiative shall not restrict or deny enrollment in the program except for nonpayment of premiums, fraud or misrepresentation, or as otherwise permitted under this section.


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(c) The initiative may require a certain percentage of participation from eligible employees of a qualifying employer before coverage can be offered through the program.

 

Subd. 13.  Report.  (a) The initiative shall submit quarterly status reports to the commissioner of health on January 15, April 15, July 15, and October 15 of each year, with the first report due January 15, 2007.  The status report shall include:

 

(1) the financial status of the program, including the premium rates, cost per member per month, claims paid out, premiums received, and administrative expenses;

 

(2) a description of the health care benefits offered and the services utilized;

 

(3) the number of employers participating, the number of employees and dependents covered under the program, and the number of health care providers participating;

 

(4) a description of the health outcomes to be achieved by the program and a status report on the performance measurements to be used and collected; and

 

(5) any other information requested by the commissioner of health or commerce or the legislature.

 

(b) The initiative shall contract with an independent entity to conduct an evaluation of the program to be submitted to the commissioners of health and commerce and the legislature by January 15, 2009.  The evaluation shall include:

 

(1) an analysis of the health outcomes established by the initiative and the performance measurements to determine whether the outcomes are being achieved;

 

(2) an analysis of the financial status of the program, including the claims to premiums loss ratio and utilization and cost experience;

 

(3) the demographics of the enrollees, including their age, gender, family income, and the number of dependents;

 

(4) the number of employers and employees who have been denied access to the program and the basis for the denial;

 

(5) specific analysis on enrollees who have aggregate medical claims totaling over $5,000 per year, including data on the enrollee's main diagnosis and whether all the medical claims were covered by the program;

 

(6) number of enrollees referred to state public assistance programs;

 

(7) a comparison of employer-subsidized health coverage provided in a comparable geographic area to the designated community-based geographic area served by the program, including, to the extent available:

 

(i) the difference in the number of employers with 50 or fewer employees offering employer-subsidized health coverage;

 

(ii) the difference in uncompensated care being provided in each area; and

 

(iii) a comparison of health care outcomes and measurements established by the initiative; and

 

(8) any other information requested by the commissioner of health or commerce.


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Subd. 14.  Sunset.  This section expires December 31, 2011.

 

Sec. 5.  Minnesota Statutes 2005 Supplement, section 62J.052, is amended to read:

 

62J.052 PROVIDER COST DISCLOSURE. 

 

Subdivision 1.  Health care providers.  (a) Each health care provider, as defined by section 62J.03, subdivision 8, except hospitals and outpatient surgical centers subject to the requirements of section 62J.823, shall provide the following information:

 

(1) the average allowable payment from private third-party payers for the 20 50 services or procedures most commonly performed;

 

(2) the average payment rates for those services and procedures for medical assistance;

 

(3) the average charge for those services and procedures for individuals who have no applicable private or public coverage; and

 

(4) the average charge for those services and procedures, including all patients.

 

(b) This information shall be updated annually and be readily available at no cost to the public on site.

 

Subd. 2.  Pharmacies.  (a) Each pharmacy, as defined in section 151.01, subdivision 2, shall provide the following information to a patient upon request:

 

(1) the pharmacy's own usual and customary price for a prescription drug;

 

(2) a record, including all transactions on record with the pharmacy both past and present, of all co-payments and other cost-sharing paid to the pharmacy by the patient for up to two years; and

 

(3) the total amount of all co-payments and other cost-sharing paid to the pharmacy by the patient over the previous two years.

 

(b) The information required under paragraph (a) must be readily available at no cost to the patient.

 

EFFECTIVE DATE.  This section is effective October 1, 2006.

 

Sec. 6.  Minnesota Statutes 2004, section 62J.81, subdivision 1, is amended to read:

 

Subdivision 1.  Required disclosure of estimated payment.  (a) A health care provider, as defined in section 62J.03, subdivision 8, or the provider's designee as agreed to by that designee, shall, at the request of a consumer, provide that consumer with a good faith estimate of the reimbursement the provider expects to receive from the health plan company in which the consumer is enrolled.  Health plan companies must allow contracted providers, or their designee, to release this information.  A good faith estimate must also be made available at the request of a consumer who is not enrolled in a health plan company.  Payment information provided by a provider, or by the provider's designee as agreed to by that designee, to a patient pursuant to this subdivision does not constitute a legally binding estimate of the cost of services.

 

(b) A health plan company, as defined in section 62J.03, subdivision 10, shall, at the request of an enrollee or the enrollee's designee, provide that enrollee with a good faith estimate of the reimbursement the health plan company would expect to pay to a specified provider within the network for a health care service specified by the enrollee.  If


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requested by the enrollee, the health plan company shall also provide to the enrollee a good faith estimate of the enrollee's out-of-pocket cost for the health care service.  An estimate provided to an enrollee under this paragraph is not a legally binding estimate of the reimbursement or out-of-pocket cost.

 

EFFECTIVE DATE.  Paragraph (a) is effective the day following final enactment.  Paragraph (b) is effective January 1, 2007.

 

Sec. 7.  [62J.823] HOSPITAL PRICING TRANSPARENCY. 

 

Subdivision 1.  Short title.  This section may be cited as the Hospital Pricing Transparency Act.

 

Subd. 2.  Definition.  For the purposes of this section, "estimate" means the actual price expected to be billed to the individual or to the individual's health plan company based on the specific diagnostic related group code or specific procedure code or codes, reflecting any known discounts the individual would receive.

 

Subd. 3.  Applicability and scope.  Any hospital, as defined in section 144.696, subdivision 3, and outpatient surgical center, as defined in section 144.696, subdivision 4, shall provide a written estimate of the cost of a specific service or stay upon the request of a patient, doctor, or the patient's representative.  The request must include:

 

(1) the health coverage status of the patient, including the specific health plan or other health coverage under which the patient is enrolled, if any; and

 

(2) at least one of the following:

 

(i) the specific diagnostic related group code;

 

(ii) the name of the procedure or procedures to be performed;

 

(iii) the type of treatment to be received; or

 

(iv) any other information that will allow the hospital or outpatient surgical center to determine the specific diagnostic related group or procedure code or codes.

 

Subd. 4.  Estimate.  (a) An estimate provided by the hospital or outpatient surgical center must contain:

 

(1) the method used to calculate the estimate;

 

(2) the specific diagnostic related group or procedure code or codes used to calculate the estimate, and a description of the diagnostic related group or procedure code or codes that is reasonably understandable to a patient; and

 

(3) a statement indicating that the estimate, while accurate, may not reflect the actual billed charges and that the final bill may be higher or lower depending on the patient's specific circumstances.

 

(b) The estimate may be provided in any method that meets the needs of the patient and the hospital or outpatient surgical center, including electronically; however, a paper copy must be provided if specifically requested.

 

EFFECTIVE DATE.  This section is effective October 1, 2006.


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Sec. 8.  Minnesota Statutes 2004, 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; (3) coverage under MCHA permitted under section 62E.141; or (4) coverage under medical assistance under chapter 256B or general assistance medical care under chapter 256D.

 

(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 section 62L.12, 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.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.

 

Sec. 9.  Minnesota Statutes 2004, section 62L.08, subdivision 4, is amended to read:

 

Subd. 4.  Geographic premium variations.  A health carrier may request approval by the commissioner to establish no more than three separate geographic regions determined by the health carrier and to establish separate index rates for each such region, provided that the index rates do not vary between any two regions by more than 20 percent.  Health carriers that do not do business in the Minneapolis/St.  Paul metropolitan area may request approval for no more than two geographic regions, and clauses (2) and (3) do not apply to approval of requests made by those health carriers.  A health carrier may also request approval to establish one or more additional geographic regions and one or more separate index rates for premiums for employees working and residing outside of Minnesota.  The commissioner may shall grant approval if the following conditions are met:

 

(1) the geographic regions must be applied uniformly by the health carrier;

 

(2) one geographic region must be based on the Minneapolis/St.  Paul metropolitan area;

 

(3) if one geographic region is rural, the index rate for the rural region must not exceed the index rate for the Minneapolis/St.  Paul metropolitan area;

 

(2) each geographic region must be composed of no fewer than seven counties that create a contiguous region; and


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(4) (3) the health carrier provides actuarial justification acceptable to the commissioner for the proposed geographic variations in index rates, establishing that the variations are based upon differences in the cost to the health carrier of providing coverage.

 

EFFECTIVE DATE.  This section is effective January 1, 2007, and applies to policies issued or renewed on or after that date.

 

Sec. 10.  Minnesota Statutes 2005 Supplement, section 62L.12, subdivision 2, is amended to read:

 

Subd. 2.  Exceptions.  (a) A health carrier may sell, issue, or renew individual conversion policies to eligible employees otherwise eligible for conversion coverage under section 62D.104 as a result of leaving a health maintenance organization's service area.

 

(b) A health carrier may sell, issue, or renew individual conversion policies to eligible employees otherwise eligible for conversion coverage as a result of the expiration of any continuation of group coverage required under sections 62A.146, 62A.17, 62A.21, 62C.142, 62D.101, and 62D.105.

 

(c) A health carrier may sell, issue, or renew conversion policies under section 62E.16 to eligible employees.

 

(d) A health carrier may sell, issue, or renew individual continuation policies to eligible employees as required.

 

(e) A health carrier may sell, issue, or renew individual health plans if the coverage is appropriate due to an unexpired preexisting condition limitation or exclusion applicable to the person under the employer's group health plan or due to the person's need for health care services not covered under the employer's group health plan.

 

(f) A health carrier may sell, issue, or renew an individual health plan, if the individual has elected to buy the individual health plan not as part of a general plan to substitute individual health plans for a group health plan nor as a result of any violation of subdivision 3 or 4.

 

(g) Nothing in this subdivision relieves a health carrier of any obligation to provide continuation or conversion coverage otherwise required under federal or state law.

 

(h) Nothing in this chapter restricts the offer, sale, issuance, or renewal of coverage issued as a supplement to Medicare under sections 62A.31 to 62A.44, or policies or contracts that supplement Medicare issued by health maintenance organizations, or those contracts governed by sections 1833, 1851 to 1859, 1860D, or 1876 of the federal Social Security Act, United States Code, title 42, section 1395 et seq., as amended.

 

(i) Nothing in this chapter restricts the offer, sale, issuance, or renewal of individual health plans necessary to comply with a court order.

 

(j) A health carrier may offer, issue, sell, or renew an individual health plan to persons eligible for an employer group health plan, if the individual health plan is a high deductible health plan for use in connection with an existing health savings account, in compliance with the Internal Revenue Code, section 223.  In that situation, the same or a different health carrier may offer, issue, sell, or renew a group health plan to cover the other eligible employees in the group.

 

(k) A health carrier may offer, sell, issue, or renew an individual health plan to one or more employees of a small employer if the individual health plan is marketed directly to all employees of the small employer and the small employer does not contribute directly or indirectly to the premiums or facilitate the administration of the individual health plan.  The requirement to market an individual health plan to all employees does not require the health carrier to offer or issue an individual health plan to any employee.  For purposes of this paragraph, an employer is not


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contributing to the premiums or facilitating the administration of the individual health plan if the employer does not contribute to the premium and merely collects the premiums from an employee's wages or salary through payroll deductions and submits payment for the premiums of one or more employees in a lump sum to the health carrier.  Except for coverage under section 62A.65, subdivision 5, paragraph (b), or 62E.16, at the request of an employee, the health carrier may bill the employer for the premiums payable by the employee, provided that the employer is not liable for payment except from payroll deductions for that purpose.  If an employer is submitting payments under this paragraph, the health carrier shall provide a cancellation notice directly to the primary insured at least ten days prior to termination of coverage for nonpayment of premium.  Individual coverage under this paragraph may be offered only if the small employer has not provided coverage under section 62L.03 to the employees within the past 12 months.

 

The employer must provide a written and signed statement to the health carrier that the employer is not contributing directly or indirectly to the employee's premiums.  The health carrier may rely on the employer's statement and is not required to guarantee-issue individual health plans to the employer's other current or future employees.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.

 

Sec. 11.  Minnesota Statutes 2004, section 123A.21, subdivision 7, is amended to read:

 

Subd. 7.  Educational programs and services.  (a) The board of directors of each SC shall submit annually a plan to the members.  The plan shall identify the programs and services which are suggested for implementation by the SC during the following year and shall contain components of long-range planning determined by the SC.  These programs and services may include, but are not limited to, the following areas:

 

(1) administrative services;

 

(2) curriculum development;

 

(3) data processing;

 

(4) distance learning and other telecommunication services;

 

(5) evaluation and research;

 

(6) staff development;

 

(7) media and technology centers;

 

(8) publication and dissemination of materials;

 

(9) pupil personnel services;

 

(10) planning;

 

(11) secondary, postsecondary, community, adult, and adult vocational education;

 

(12) teaching and learning services, including services for students with special talents and special needs;

 

(13) employee personnel services;


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(14) vocational rehabilitation;

 

(15) health, diagnostic, and child development services and centers;

 

(16) leadership or direction in early childhood and family education;

 

(17) community services;

 

(18) shared time programs;

 

(19) fiscal services and risk management programs, including health insurance programs providing reinsurance or stop loss coverage;

 

(20) technology planning, training, and support services;

 

(21) health and safety services;

 

(22) student academic challenges; and

 

(23) cooperative purchasing services.

 

An SC is subject to regulation and oversight by the commissioner of commerce under the insurance laws of this state when operating a health reinsurance program pursuant to clause (19) providing reinsurance or stop loss coverage.

 

(b) A group health, dental, or long-term disability coverage program provided by one or more service cooperatives may provide coverage to nursing homes licensed under chapter 144A and to boarding care homes licensed under sections 144.50 to 144.56 and certified for participation in the medical assistance program located in this state.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.

 

Sec. 12.  Minnesota Statutes 2004, section 123A.21, is amended by adding a subdivision to read:

 

Subd. 12.  Health coverage pool comparison shopping.  (a) Service cooperative must permit school districts and other political subdivisions participating in a service cooperative health coverage pool to solicit bids and other information from competing sources of health coverage at any time other than within five months prior to the end of a master agreement.

 

(b) A service cooperative must not impose a fine or other penalty against an enrolled entity for soliciting a bid or other information during the allowed period.  The service cooperative may prohibit the entity from participating in service cooperative coverage for a period of up to one year, if the entity leaves the service cooperative pool and obtains other health coverage.

 

(c) A service cooperative must provide each enrolled entity with the entity's monthly claims data.  This paragraph applies notwithstanding section 13.203.


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Sec. 13.  Laws 2005, First Special Session chapter 4, article 7, section 59, is amended to read:

 

Sec. 59.  REPORT TO LEGISLATURE.  

 

The commissioner shall report to the legislature by December 15, 2006, on the redesign of case management services.  In preparing the report, the commissioner shall consult with representatives for consumers, consumer advocates, counties, labor organizations representing county social service workers, and service providers.  The report shall include draft legislation for case management changes that will: 

 

(1) streamline administration; 

 

(2) improve consumer access to case management services; 

 

(3) address the use of a comprehensive universal assessment protocol for persons seeking community supports; 

 

(4) establish case management performance measures;  

 

(5) provide for consumer choice of the case management service vendor; and 

 

(6) provide a method of payment for case management services that is cost-effective and best supports the draft  legislation in clauses (1) to (5)."

 

Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly

 

 

      The motion prevailed and the amendment was adopted.

 

 

      Rukavina moved to amend S. F. No. 3480, as amended, as follows:

 

      Page 15, after line 27, insert:

 

"Sec. 25.  Minnesota Statutes 2004, section 65B.44, subdivision 3a, is amended to read:

 

Subd. 3a.  Disability and income loss benefits election; senior citizens.  A plan of reparation security issued to or renewed with a person who has attained the age of 65 60 years, or who is retired and receiving a pension, must provide disability and income loss benefits under section 65B.44, subdivision 3, unless the insured elects not to have this coverage.  An election by the insured not to have this coverage remains in effect until revoked by the insured.  The reparation obligor shall notify a person of the person's rights under this section at the time of the sale or the first renewal of the policy after the insured has attained the age of 65 60 years, or after the insurer has been notified that the insured is retired and receiving a pension, and at least annually after that.  The rate for any plan for which coverage has been excluded or reduced pursuant to this section must be reduced accordingly.  This section does apply to self-insurance.

 

EFFECTIVE DATE.  This section is effective August 1, 2006, and applies to plans of reparation security issued or renewed on or after that date."

 

 

      The motion prevailed and the amendment was adopted.


Journal of the House - 111th Day - Saturday, May 20, 2006 - Top of Page 8095


                Abeler moved to amend S. F. No. 3480, as amended, as follows:

 

      Page 15, delete section 24

 

      Renumber sections in sequence

 

 

      The motion prevailed and the amendment was adopted.

 

 

Abeler moved to amend S. F. No. 3480, as amended, as follows:

 

Page 32, after line 27, insert:

 

"Sec. 19.  Minnesota Statutes 2004, section 62D.095, subdivision 3, is amended to read:

 

Subd. 3.  Deductibles.  (a) A health maintenance contract issued by a health maintenance organization that is assessed less than three percent of the total annual amount assessed by the Minnesota comprehensive health association may impose deductibles not to exceed $3,000 $4,000 per person, per year and $6,000 $8,000 per family, per year.  For purposes of the percentage calculation, a health maintenance organization's assessments include those of its affiliates.

 

(b) All other health maintenance contracts may impose deductibles not to exceed $2,250 per person, per year and $4,500 per family, per year.

 

Sec. 20.  Minnesota Statutes 2004, section 62D.095, subdivision 4, is amended to read:

 

Subd. 4.  Annual out-of-pocket maximums.  (a) A health maintenance contract issued by a health maintenance organization that is assessed less than three percent of the total annual amount assessed by the Minnesota comprehensive health association must include a limitation not to exceed $4,500 $5,000 per person and $7,500 $10,000 per family on total annual out-of-pocket enrollee cost-sharing expenses.  For purposes of the percentage calculation, a health maintenance organization's assessments include those of its affiliates.

 

(b) All other health maintenance contracts must include a limitation not to exceed $3,000 per person and $6,000 per family on total annual out-of-pocket enrollee cost-sharing expenses."

 

Page 36, after line 4, insert:

 

"Sec. 25.  [62J.83] REDUCED PAYMENT AMOUNTS PERMITTED. 

 

(a) Notwithstanding any provision of chapter 148 or any other provision of law to the contrary, a health care provider may provide care to a patient at a discounted payment amount, including care provided for free.

 

(b) This section does not apply in a situation in which the discounted payment amount is not permitted under federal law.

 

EFFECTIVE DATE.  This section is effective the day following final enactment."


Journal of the House - 111th Day - Saturday, May 20, 2006 - Top of Page 8096


Page 37, after line 23, insert:

 

"Sec. 29.  [62M.071] PRIOR AUTHORIZATION. 

 

Health plan companies, in cooperation with health care providers, shall review prior authorization procedures administered by utilization review organizations and health plan companies to ensure the cost-effective use of prior authorization and minimization of provider, clinic, and central office administrative burden.

 

Sec. 30.  [62M.072] USE OF EVIDENCE-BASED STANDARDS. 

 

If no independently developed evidence-based standards exist for a particular treatment, testing, or imaging procedure, then an insurer or utilization review organization shall not deny coverage of the treatment, testing, or imaging based solely on the grounds that the treatment, testing, or imaging does not meet an evidence-based standard.  This section does not prohibit an insurer or utilization review organization from denying coverage for services that are investigational, experimental, or not medically necessary.

 

Sec. 31.  [62Q.645] DISTRIBUTION OF INFORMATION; ADMINISTRATIVE EFFICIENCY AND COVERAGE OPTIONS. 

 

(a) The commissioner may use reports submitted by health plan companies, service cooperatives, and the public employee insurance program created in section 43A.316 to compile entity specific administrative efficiency reports; may make these reports available on state agency Web sites, including minnesotahealthinfo.com; and may include information on:

 

(1) number of covered lives; 

 

(2) covered services; 

 

(3) geographic availability; 

 

(4) whom to contact to obtain current premium rates; 

 

(5) administrative costs, using the definition of administrative costs developed under section 62J.38; 

 

(6) Internet links to information on the health plan, if available; and 

 

(7) any other information about the health plan identified by the commissioner as being useful for employers, consumers, providers, and others in evaluating health plan options.

 

(b) This section does not apply to a health plan company unless its annual Minnesota premiums exceed $50,000,000 based on the most recent assessment base of the Minnesota Comprehensive Health Association.  For purposes of this determination, the premiums of a health plan company include those of its affiliates."

 

Page 73, after line 3, insert:

 

"Sec. 69.  Minnesota Statutes 2004, section 123A.21, subdivision 7, is amended to read:

 

Subd. 7.  Educational programs and services.  (a) The board of directors of each SC shall submit annually a plan to the members.  The plan shall identify the programs and services which are suggested for implementation by the SC during the following year and shall contain components of long-range planning determined by the SC.  These programs and services may include, but are not limited to, the following areas:


Journal of the House - 111th Day - Saturday, May 20, 2006 - Top of Page 8097


(1) administrative services;

 

(2) curriculum development;

 

(3) data processing;

 

(4) distance learning and other telecommunication services;

 

(5) evaluation and research;

 

(6) staff development;

 

(7) media and technology centers;

 

(8) publication and dissemination of materials;

 

(9) pupil personnel services;

 

(10) planning;

 

(11) secondary, postsecondary, community, adult, and adult vocational education;

 

(12) teaching and learning services, including services for students with special talents and special needs;

 

(13) employee personnel services;

 

(14) vocational rehabilitation;

 

(15) health, diagnostic, and child development services and centers;

 

(16) leadership or direction in early childhood and family education;

 

(17) community services;

 

(18) shared time programs;

 

(19) fiscal services and risk management programs;

 

(20) technology planning, training, and support services;

 

(21) health and safety services;

 

(22) student academic challenges; and

 

(23) cooperative purchasing services.

 

(b) A group health, dental, or long-term disability coverage program provided by one or more service cooperatives:

 

(1) must rebid contracts for insurance and third-party administration at least every four years.  The contracts may be regional or statewide in the discretion of the SC; and


Journal of the House - 111th Day - Saturday, May 20, 2006 - Top of Page 8098


(2) may determine premiums for its health, dental, or long-term disability coverage individually for specific employers or may determine them on a pooled or other basis established by the SC.

 

EFFECTIVE DATE.  This section is effective the day following final enactment."

 

Page 80, after line 8, insert:

 

"Sec. 72.  MEDICAL MALPRACTICE INSURANCE REPORT. 

 

(a) The commissioner of commerce shall provide to the legislature annually a brief written report on the status of the market for medical malpractice insurance in Minnesota.  The report must summarize, interpret, explain, and analyze information on that subject available to the commissioner, through annual statements filed by insurance companies, information obtained under paragraph (c), and other sources.

 

(b) The annual report must consider, to the extent possible, using definitions developed by the commissioner, Minnesota-specific data on market shares; premiums received; amounts paid to settle claims that were not litigated, claims that were settled after litigation began, and claims that were litigated to court judgment; amounts spent on processing, investigation, litigation, and otherwise handling claims; other sales and administrative costs; and the loss ratios of the insurers.

 

(c) Each insurance company that provides medical malpractice insurance in this state shall, no later than June 1 each year, file with the commissioner of commerce, on a form prescribed by the commissioner and using definitions developed by the commissioner, the Minnesota-specific data referenced in paragraph (b), other than market share, for the previous calendar year for that insurance company, shown separately for various categories of coverages including, if possible, hospitals, medical clinics, nursing homes, physicians who provide emergency medical care, obstetrician gynecologists, and ambulance services.  An insurance company need not comply with this paragraph if its direct premium written in the state for the previous calendar year is less than $2,000,000."

 

Page 80, after line 13, insert:

 

"(c) Minnesota Statutes 2005 Supplement, section 62Q.251, is repealed."

 

Page 80, line 14, delete "is" and insert ", paragraphs (a) and (b), are" and before the period, insert "and paragraph (c) is effective the day following final enactment"

 

Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly

 

 

      The motion prevailed and the amendment was adopted.

 

 

      Lesch offered an amendment to S. F. No. 3480, as amended.

 

 

POINT OF ORDER

 

      Wilkin raised a point of order pursuant to rule 3.21 that the Lesch amendment was not in order.  Speaker pro tempore Davids ruled the point of order well taken and the Lesch amendment out of order.


Journal of the House - 111th Day - Saturday, May 20, 2006 - Top of Page 8099


                S. F. No. 3480, A bill for an act relating to commerce; regulating license education; regulating certain insurers, insurance forms and rates, coverages, purchases, filings, utilization reviews, and claims; enacting an interstate insurance product regulation compact and providing for its administration; regulating the Minnesota uniform health care identification card; requiring certain reports; amending Minnesota Statutes 2004, sections 61A.02, subdivision 3; 61A.092, subdivision 3; 62A.02, subdivision 3; 62A.095, subdivision 1; 62A.17, subdivisions 1, 2; 62A.27; 62A.3093; 62C.14, subdivisions 9, 10; 62E.13, subdivision 3; 62E.14, subdivision 5; 62J.60, subdivisions 2, 3; 62L.02, subdivision 24; 62M.01, subdivision 2; 62M.09, subdivision 9; 62S.05, by adding a subdivision; 62S.08, subdivision 3; 62S.081, subdivision 4; 62S.10, subdivision 2; 62S.13, by adding a subdivision; 62S.14, subdivision 2; 62S.15; 62S.20, subdivision 1; 62S.24, subdivisions 1, 3, 4, by adding subdivisions; 62S.25, subdivision 6, by adding a subdivision; 62S.26; 62S.265, subdivision 1; 62S.266, subdivision 2; 62S.29, subdivision 1; 62S.30; 70A.07; 72C.10, subdivision 1; 79.01, by adding subdivisions; 79.251, subdivision 1, by adding a subdivision; 79.252, by adding subdivisions; 79A.23, subdivision 3; 79A.32; 123A.21, by adding a subdivision; Minnesota Statutes 2005 Supplement, sections 45.22; 45.23; 62A.316; 65B.49, subdivision 5a; 72A.201, subdivision 6; 79A.04, subdivision 2; 256B.0571; proposing coding for new law in Minnesota Statutes, chapters 43A; 61A; 62A; 62Q; 62S; repealing Minnesota Statutes 2005 Supplement, section 256B.0571, subdivisions 2, 5, 11; Minnesota Rules, parts 2781.0100; 2781.0200; 2781.0300; 2781.0400; 2781.0500; 2781.0600.

 

 

      The bill was read for the third time, as amended, and placed upon its final passage.

 

      The question was taken on the passage of the bill and the roll was called.  There were 131 yeas and 1 nay as follows:

 

      Those who voted in the affirmative were:

 


Abeler

Abrams

Anderson, B.

Atkins

Beard

Bernardy

Blaine

Bradley

Brod

Buesgens

Carlson

Charron

Clark

Cornish

Cox

Cybart

Davids

Davnie

Dean

DeLaForest

Demmer

Dempsey

Dill

Dittrich

Dorman

Dorn

Eastlund

Eken

Ellison

Emmer

Entenza

Erhardt

Erickson

Finstad

Fritz

Garofalo

Gazelka

Greiling

Gunther

Hackbarth

Hamilton

Hansen

Hausman

Haws

Heidgerken

Hilstrom

Hilty

Holberg

Hoppe

Hornstein

Hortman

Hosch

Howes

Huntley

Jaros

Johnson, J.

Johnson, R.

Johnson, S.

Juhnke

Kahn

Kelliher

Klinzing

Knoblach

Koenen

Kohls

Krinkie

Lanning

Larson

Latz

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Magnus

Mahoney

Mariani

Marquart

McNamara

Meslow

Moe

Mullery

Murphy

Nelson, P.

Newman

Nornes

Olson

Otremba

Ozment

Paulsen

Paymar

Pelowski

Penas

Peppin

Peterson, A.

Peterson, N.

Peterson, S.

Poppe

Powell

Rukavina

Ruth

Ruud

Sailer

Samuelson

Scalze

Seifert

Sertich

Severson

Sieben

Simon

Simpson

Slawik

Smith

Soderstrom

Solberg

Sykora

Thao

Thissen

Tingelstad

Urdahl

Vandeveer

Wagenius

Walker

Wardlow

Welti

Westerberg

Westrom

Wilkin

Zellers

Spk. Sviggum


 

 

      Those who voted in the negative were:

 


Goodwin


 

 

      The bill was passed, as amended, and its title agreed to.


Journal of the House - 111th Day - Saturday, May 20, 2006 - Top of Page 8100


                Paulsen moved that the House recess subject to the call of the Chair.  The motion prevailed.

 

RECESS

 

RECONVENED

 

      The House reconvened and was called to order by Speaker pro tempore Davids.

 

 

CALENDAR FOR THE DAY, Continued

 

 

      S. F. No. 2814, A bill for an act relating to natural resources; modifying and renaming the Legislative Commission on Minnesota Resources; adding citizens and making structural changes; modifying prior appropriations; appropriating money; amending Minnesota Statutes 2004, sections 116P.02, subdivision 4; 116P.03; 116P.04, subdivision 5; 116P.05, as amended; 116P.07; 116P.08, subdivisions 3, 4, 5, 6; 116P.09, subdivisions 1, 6, by adding a subdivision; 116P.11; Minnesota Statutes 2005 Supplement, section 10A.01, subdivision 35; Laws 2005, First Special Session chapter 1, article 2, section 11, subdivision 10; repealing Minnesota Statutes 2004, sections 116P.02, subdivision 2; 116P.06; Laws 2005, First Special Session chapter 1, article 2, section 156, subdivision 2.

 

 

      The bill was read for the third time and placed upon its final passage.

 

      The question was taken on the passage of the bill and the roll was called.  There were 122 yeas and 11 nays as follows:

 

      Those who voted in the affirmative were:

 


Abeler

Abrams

Anderson, B.

Atkins

Beard

Bernardy

Blaine

Bradley

Brod

Carlson

Charron

Clark

Cornish

Cox

Cybart

Davnie

DeLaForest

Demmer

Dempsey

Dill

Dittrich

Dorman

Dorn

Eastlund

Eken

Ellison

Entenza

Erhardt

Erickson

Finstad

Fritz

Garofalo

Gazelka

Goodwin

Greiling

Gunther

Hamilton

Hansen

Hausman

Haws

Heidgerken

Hilstrom

Hilty

Hoppe

Hornstein

Hortman

Hosch

Howes

Huntley

Jaros

Johnson, J.

Johnson, R.

Johnson, S.

Juhnke

Kahn

Kelliher

Klinzing

Knoblach

Koenen

Kohls

Lanning

Larson

Latz

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Magnus

Mahoney

Mariani

Marquart

McNamara

Meslow

Moe

Mullery

Murphy

Nelson, M.

Nelson, P.

Newman

Nornes

Otremba

Ozment

Paulsen

Paymar

Pelowski

Penas

Peppin

Peterson, A.

Peterson, N.

Peterson, S.

Poppe

Rukavina

Ruth

Ruud

Sailer

Samuelson

Scalze

Seifert

Sertich

Severson

Sieben

Simon

Simpson

Slawik

Smith

Soderstrom

Solberg

Sykora

Thao

Thissen

Tingelstad

Urdahl

Wagenius

Walker

Wardlow

Welti

Westerberg

Westrom

Wilkin

Spk. Sviggum


 

 

      Those who voted in the negative were:

 


Buesgens

Davids

Dean

Emmer

Hackbarth

Holberg

Krinkie

Olson

Powell

Vandeveer

Zellers


 

 

      The bill was passed and its title agreed to.


Journal of the House - 111th Day - Saturday, May 20, 2006 - Top of Page 8101


                The Speaker resumed the Chair.

 

 

      S. F. No. 2939 was reported to the House.

 

 

Cornish and Juhnke moved to amend S. F. No. 2939, the unofficial engrossment, as follows:

 

Page 2, after line 24, insert:

 

"Sec. 4.  CITY OF KIESTER; OPERATION OF A GROCERY STORE. 

 

The city of Kiester may acquire inventory for and operate a grocery store in the city on property owned by the city.  The city may issue capital notes of the city in the aggregate principal amount not to exceed $150,000 to finance acquisition of inventory and operation of the store.  The capital notes must be issued under Minnesota Statutes, section 412.301, for the purposes permitted in this section.  The debt represented by the notes is not included in computing any debt limitations applicable to the city.

 

EFFECTIVE DATE.  Under Minnesota Statutes 2004, section 645.023, subdivision 1a, this section is effective without local approval on the day following final enactment."

 

Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly

 

 

      The motion prevailed and the amendment was adopted.

 

 

      S. F. No. 2939, A bill for an act relating to the city of Pennock; authorizing the city to acquire a certain parcel of real estate and appurtenant building and to expend city funds to improve the building; authorizing the city to convey the parcel to a private entity to be operated as a commercial establishment; authorizing the city to issue bonds.

 

 

      The bill was read for the third time, as amended, and placed upon its final passage.

 

      The question was taken on the passage of the bill and the roll was called.  There were 103 yeas and 30 nays as follows:

 

      Those who voted in the affirmative were:

 


Abeler

Atkins

Beard

Bernardy

Blaine

Bradley

Brod

Carlson

Clark

Cornish

Cox

Davids

Davnie

Dean

Demmer

Dempsey

Dill

Dittrich

Dorman

Dorn

Eken

Ellison

Entenza

Erhardt

Finstad

Fritz

Gazelka

Gunther

Hackbarth

Hamilton

Hansen

Hausman

Haws

Heidgerken

Hilstrom

Hilty

Hornstein

Hortman

Hosch

Howes

Huntley

Jaros

Johnson, R.

Johnson, S.

Juhnke

Kahn

Kelliher

Knoblach

Koenen

Lanning

Latz

Lesch

Liebling

Lieder

Lillie

Magnus

Mahoney

Mariani

Marquart

McNamara

Meslow

Moe

Mullery

Murphy

Nelson, M.

Newman

Nornes

Olson

Otremba

Ozment

Paymar

Penas


Journal of the House - 111th Day - Saturday, May 20, 2006 - Top of Page 8102


Peterson, A.

Peterson, N.

Peterson, S.

Poppe

Powell

Rukavina

Ruth

Sailer

Samuelson

Scalze

Seifert

Sertich

Severson

Sieben

Simon

Simpson

Slawik

Smith

Soderstrom

Solberg

Sykora

Thao

Thissen

Tingelstad

Urdahl

Wagenius

Walker

Wardlow

Welti

Westrom

Spk. Sviggum


 

 

      Those who voted in the negative were:

 


Abrams

Anderson, B.

Buesgens

Charron

Cybart

DeLaForest

Eastlund

Emmer

Erickson

Garofalo

Goodwin

Greiling

Holberg

Hoppe

Johnson, J.

Klinzing

Kohls

Krinkie