1.1.................... moves to amend ...F. No. .... as follows:
1.2Page 1, line 26, strike "Minnesota Rules, chapter 2809" and insert "this chapter"
1.3Page 5, line 15, after "deliver" insert "(1) independently, or (2) as part of a team
1.4presentation in a course of two hours or less,"
1.5Page 6, line 6, delete "the" and insert "a qualified"
1.6Page 6, line 8, after the period, insert:
1.7"For the purposes of this section, a "qualified provider" is one of the following:
1.8(1) a degree-granting institution of higher learning located within this state;
1.9(2) a private school licensed by the Minnesota Office of Higher Education; or
1.10(3) when conducting courses for its members, a bona fide trade association that staffs
1.11and maintains in this state a physical location that contains course and student records and
1.12that has done so for not less than three years."
1.13Page 7, after line 4, insert:
1.14    "Subd. 3. Academic credit Internet courses. Subdivisions 1 and 2 do not apply
1.15to Internet prelicense courses offered for academic credit by an accredited college,
1.16community college, or university that offers distance education programs and is approved
1.17or accredited by the Commission on Colleges, a regional or national accreditation
1.18association, or by an accrediting agency that is recognized by the United States Secretary
1.19of Education.
1.20    Subd. 4. Interactive Internet course requirements. An interactive Internet
1.21prelicense education course must:
1.22(1) specify the minimum system requirements;
1.23(2) provide encryption that ensures that all personal information, including the
1.24student's name, address, and credit card number, cannot be read as it passes across the
1.26(3) include technology to guarantee seat time;
1.27(4) include a high level of interactivity;
2.1(5) include graphics that reinforce the content;
2.2(6) include the ability for the student to contact an instructor within a reasonable
2.3amount of time;
2.4(7) include the ability for the student to get technical support within a reasonable
2.5amount of time;
2.6(8) include a statement that the student's information will not be sold or distributed
2.7to any third party without prior written consent of the student. Taking the course does not
2.8constitute consent;
2.9(9) be available 24 hours a day, seven days a week, excluding minimal down time
2.10for updating and administration;
2.11(10) provide viewing access to the online course at all times to the commissioner,
2.12excluding minimal down time for updating and administration;
2.13(11) include a process to authenticate the student's identity;
2.14(12) inform the student and the commissioner how long after its purchase a course
2.15will be accessible;
2.16(13) inform the student that license education credit will not be awarded for taking
2.17the course after it loses its status as an approved course;
2.18(14) provide clear instructions on how to navigate through the course;
2.19(15) provide automatic bookmarking at any point in the course;
2.20(16) provide questions after each unit or chapter that must be answered before the
2.21student can proceed to the next unit or chapter;
2.22(17) include a reinforcement response when a quiz question is answered correctly;
2.23(18) include a response when a quiz question is answered incorrectly;
2.24(19) include a comprehensive final examination covering all required topics;
2.25(20) allow the student to go back and review any unit at any time, except during the
2.26final examination;
2.27(21) provide a course evaluation at the end of the course. At a minimum, the
2.28evaluation must ask the student to report any difficulties caused by the online education
2.29delivery method; and
2.30(22) provide a completion certificate when the course and exam have been completed
2.31and the provider has verified the completion. Electronic certificates are sufficient."
2.32Page 7, line 5, delete "3" and insert "5"
2.33Page 7, line 6, after "be" insert "monitored by a proctor who certifies that the student
2.34took the examination. The exam must be either" and delete "that is monitored by a proctor"
2.35Page 7, line 7, delete everything before the period and insert "or an encrypted online
3.1Page 7, after line 10, insert:
3.2    "Subdivision 1. Appraiser Internet continuing education courses. The design
3.3and delivery of an appraiser continuing education course must be approved by the
3.4International Distance Education Certification Center (IDECC) before the course is
3.5submitted for the commissioner's approval."
3.6Page 7, line 11, delete "Subdivision 1." and insert "Subd. 2."
3.7Page 8, line 8, delete the third "any"
3.8Page 8, line 9, delete "quizzes and"
3.9Page 8, line 15, delete "2" and insert "3"
3.10Page 10, line 14, after the period, insert "In the case of a self-study course, this
3.11requirement applies to the author of the course material."
3.12Page 20, line 11, delete the new language
3.13Page 20, line 13, after the period, insert "For the purposes of this subdivision,
3.14a course provided by a bona fide insurance trade association is not considered to be
3.15sponsored by, offered by, or affiliated with an insurance company or its agents."
3.16Page 22, after line 11, insert:

3.17    "Sec. 34. Minnesota Statutes 2008, section 72B.02, subdivision 6, is amended to read:
3.18    Subd. 6. Public adjuster. "Public adjuster" means an adjuster who hires out for
3.19employment by members of the public for a fee, commission or any other thing of value,
3.20and who, when so employed, acts solely to represent the interests of an insured named
3.21in an insurance policy. any person who, for compensation or any other thing of value
3.22on behalf of the insured:
3.23(1) acts or aids, solely in relation to first-party claims arising under insurance
3.24contracts that insure the real or personal property of the insured, on behalf of an insured in
3.25negotiating for, or effecting the settlement of, a claim for loss or damage covered by an
3.26insurance contract;
3.27(2) advertises for employment as a public adjuster of insurance claims or solicits
3.28business or represents himself or herself to the public as a public adjuster of first-party
3.29insurance claims for losses or damages arising out of policies of insurance that insure real
3.30or personal property; or
3.31(3) directly or indirectly solicits business, investigates or adjusts losses, or advises an
3.32insured about first-party claims for losses or damages arising out of policies of insurance
3.33that insure real or personal property for another person engaged in the business of
3.34adjusting losses or damages covered by an insurance policy, for the insured."
3.35Page 23, lines 4, 7, and 8, delete "independent"
3.36Page 23, line 6, delete "independent" in both places
4.1Page 24, lines 12, 13, and 17, delete "independent"
4.2Page 25, lines 8, 31, and 33, delete "independent"
4.3Page 25, line 29, before "insurance" insert "public adjuster,"
4.4Page 26, lines 1, 2, 5, 9, 10, and 30, delete "independent"
4.5Page 26, line 28, delete "INDEPENDENT"
4.6Page 27, lines 8, 21, and 31, delete "independent"
4.7Page 27, line 28, before "adjuster" insert "or public"
4.8Page 27, line 34, delete "insurance" and insert "independent or public"
4.9Page 29, lines 1 and 5, before "adjuster" insert "or public"
4.10Page 29, line 16, after "an" insert "independent" and delete "solicitor"
4.11Page 29, lines 20, 22, 31, 32, and 33, delete "independent"
4.12Page 30, line 34, delete "independent"
4.13Page 31, lines 7, 21, 22, 28, 30, 34, and 35, delete "independent"
4.14Page 32, lines 1, 2, 3, 4, 5, 6, 7, and 8, delete "independent"
4.15Page 32, line 11, delete "independent" in both places
4.16Page 33, line 21, delete "independent"
4.17Page 36, line 16, delete "INDEPENDENT"
4.18Page 36, lines 18, 19, 23, and 24, delete "independent"
4.19Page 38, after line 2, insert:

4.20    "Sec. 57. [72B.136] ESCROW OR TRUST ACCOUNTS.
4.21A public adjuster who receives, accepts, or holds any funds on behalf of an
4.22insured, towards the settlement of a claim for loss or damage, shall deposit the funds in
4.23a non-interest-bearing escrow or trust account in a financial institution that is insured
4.24by an agency of the federal government in the public adjuster's home state or where
4.25the loss occurred."
4.26Page 38, after line 3, insert:
4.27    "Subdivision 1. Prelicense education. Prelicense education for a real estate
4.28salesperson must consist of Course I, Course II, and Course III as described in this
4.29section. Prelicense education for a real estate broker must consist of the broker course as
4.30described in this section."
4.31Page 38, line 4, delete "Subdivision 1." and insert "Subd. 2."
4.32Page 41, line 30, delete "2" and insert "3"
4.33Page 42, line 22, delete "3" and insert "4"
4.34Page 46, line 8, delete "4" and insert "5"
4.35Page 61, line 9, before "familial" insert "sexual orientation,"
4.36Page 61, line 15, after the semicolon, insert "and"
5.1Page 61, delete lines 16 to 18
5.2Page 61, line 19, delete "(4)" and insert "(3)"
5.3Page 62, delete lines 8 and 9 and insert "Sections 1 to 76 are effective July 1, 2010."
5.4Renumber the sections in sequence and correct the internal references
5.5Amend the title accordingly
5.6Correct the title numbers accordingly