1.1.................... moves to amend H.F. No. 2942 as follows:
1.2Page 4, after line 13, insert:
1.3 "Sec. 6. Minnesota Statutes 2008, section 60A.36, is amended by adding a subdivision
1.4to read:
1.5 Subd. 2a. Third-party notices. An insurer shall provide notice to a third party if:
1.6(1) the policyholder has notified the insurer of the identity of the third party; and
1.7(2) the third party is a licensing authority authorized by statute to receive the notice or
1.8a state, city, or county governmental unit on whose behalf the insured is providing services.
1.9 Sec. 7. Minnesota Statutes 2009 Supplement, section 60A.39, subdivision 1, is
1.10amended to read:
1.11 Subdivision 1.
Issuance. A licensed insurer or insurance producer may provide to a
1.12third party a certificate of insurance which documents insurance coverage.
The purpose of
1.13For the purposes of this chapter, a certificate of insurance is
to provide a document that
1.14provides evidence of
property or liability insurance coverage and the amount of insurance
1.15issued
, and does not convey any contractual rights to the certificate holder.
1.16 Sec. 8. Minnesota Statutes 2009 Supplement, section 60A.39, subdivision 4, is
1.17amended to read:
1.18 Subd. 4.
Cancellation notice. A certificate provided to a third party must not
1.19provide for notice of cancellation that exceeds the statutory notice of cancellation provided
1.20to the policyholder
or a period of notice specified in the policy.
1.21 Sec. 9. Minnesota Statutes 2009 Supplement, section 60A.39, subdivision 5, is
1.22amended to read:
1.23 Subd. 5.
Filing. An insurer not using the standard ACORD or ISO form "Certificate
1.24of Insurance" shall file with the commissioner, prior to its use,
the form of certificate or
2.1memorandum of insurance coverage that will be used a similar alternative "Certificate
2.2of Insurance" covering the same information for use by the insurer. Filed forms may not
2.3be amended at the request of a third party.
2.4EFFECTIVE DATE.This section is effective January 1, 2011."
2.5Page 43, after line 24, insert:
2.6 "Sec. 54. Minnesota Statutes 2008, section 326.3382, subdivision 3, is amended to read:
2.7 Subd. 3.
Proof of insurance. (a) No license may be issued to a private detective
2.8or protective agent applicant until the applicant has complied with the requirements in
2.9this subdivision.
2.10(b) The applicant shall execute a surety bond to the state of Minnesota in the penal
2.11sum of $10,000 and file it with the board. The surety bond must be executed by a
2.12company authorized to do business in the state of Minnesota, must name the applicant as
2.13principal, and must state that the applicant and each of the applicant's employees shall
2.14faithfully observe all of the laws of Minnesota and of the United States and shall pay all
2.15damages suffered by any person by reason of a violation of law by the applicant or by the
2.16commission of any willful and malicious wrong by the applicant in the course of business.
2.17(c) The applicant shall furnish proof, acceptable to the board, of the applicant's
2.18ability to respond in damages for liability on account of accidents or wrongdoings arising
2.19out of the ownership and operation of a private detective or protective agent business.
2.20Compliance with paragraph (d), (e), or (f) is satisfactory proof of financial responsibility
2.21for purposes of this paragraph.
2.22(d) The applicant may file with the board a certificate of insurance demonstrating
2.23coverage for general liability, completed operations, and personal injury. Personal injury
2.24insurance must include coverage for:
2.25(1) false arrest, detention, imprisonment, and malicious prosecution;
2.26(2) libel, slander, defamation, and violation of rights of privacy; and
2.27(3) wrongful entry, eviction, and other invasion of rights of private occupancy.
2.28The certificate must provide that the insurance may not be modified or canceled
2.29unless 30 days prior notice is given to the board. In the event of a policy cancellation,
2.30the insurer will send notice to the board at the same time that a cancellation request is
2.31received from or a notice is sent to the insured.
2.32(e) The applicant may file with the board an annual net worth statement, signed
2.33by a licensed certified public accountant, evidencing that the applicant has a net worth
2.34of at least the following:
2.35(1) for an applicant with no employees, $10,000;
3.1(2) for an applicant with one to ten employees, $15,000;
3.2(3) for an applicant with 11 to 25 employees, $25,000;
3.3(4) for an applicant with 26 to 50 employees, $50,000; or
3.4(5) for an applicant with 51 or more employees, $100,000.
3.5Data indicating with which of the above requirements an applicant must comply is
3.6public data. The contents of the net worth statement are private data on individuals or
3.7nonpublic data, as defined in section
13.02.
3.8(f) The applicant may file with the board an irrevocable letter of credit from a
3.9financial institution acceptable to the board in the amount listed in the appropriate
3.10category in paragraph (e).
3.11 Sec. 55. Minnesota Statutes 2008, section 326B.33, subdivision 16, is amended to read:
3.12 Subd. 16.
Insurance required. Each contractor shall have and maintain in effect
3.13general liability insurance, which includes premises and operations insurance and products
3.14and completed operations insurance, with limits of at least $100,000 per occurrence,
3.15$300,000 aggregate limit for bodily injury, and property damage insurance with limits of
3.16at least $50,000 or a policy with a single limit for bodily injury and property damage of
3.17$300,000 per occurrence and $300,000 aggregate limits. Such insurance shall be written
3.18by an insurer licensed to do business in the state of Minnesota and each contractor shall
3.19maintain on file with the commissioner a certificate evidencing such insurance
which
3.20provides that such insurance shall not be canceled without the insurer first giving 15
3.21days written notice to the commissioner of such cancellation.
In the event of a policy
3.22cancellation, the insurer shall send written notice to the commissioner at the same time
3.23that a cancellation request is received from or a notice is sent to the insured.
3.24 Sec. 56. Minnesota Statutes 2009 Supplement, section 326B.46, subdivision 2, is
3.25amended to read:
3.26 Subd. 2.
Bond; insurance. Any person contracting to do plumbing work must give
3.27bond to the state in the amount of at least $25,000 for (1) all plumbing work entered
3.28into within the state or (2) all plumbing work and subsurface sewage treatment work
3.29entered into within the state. If the bond is for both plumbing work and subsurface sewage
3.30treatment work, the bond must comply with the requirements of this section and section
3.31115.56, subdivision 2
, paragraph (e). The bond shall be for the benefit of persons injured
3.32or suffering financial loss by reason of failure to comply with the requirements of the
3.33State Plumbing Code and, if the bond is for both plumbing work and subsurface sewage
3.34treatment work, financial loss by reason of failure to comply with the requirements of
4.1sections
115.55 and
115.56. The bond shall be filed with the commissioner and shall be
4.2written by a corporate surety licensed to do business in the state.
4.3 In addition, each applicant for a master plumber license or restricted master plumber
4.4license, or renewal thereof, shall provide evidence of public liability insurance, including
4.5products liability insurance with limits of at least $50,000 per person and $100,000 per
4.6occurrence and property damage insurance with limits of at least $10,000. The insurance
4.7shall be written by an insurer licensed to do business in the state of Minnesota and
4.8each licensed master plumber shall maintain on file with the commissioner a certificate
4.9evidencing the insurance
providing that the insurance shall not be canceled without the
4.10insurer first giving 15 days written notice to the commissioner. The term of the insurance
4.11shall be concurrent with the term of the license.
In the event of a policy cancellation, the
4.12insurer shall send written notice to the commissioner at the same time that a cancellation
4.13request is received from or a notice is sent to the insured.
4.14 Sec. 57. Minnesota Statutes 2008, section 326B.56, subdivision 2, is amended to read:
4.15 Subd. 2.
Insurance. (a) Each applicant for a water conditioning contractor or
4.16installer license or renewal thereof who is required by any political subdivision to
4.17maintain insurance to obtain or maintain the license may comply with any political
4.18subdivision's insurance requirement by maintaining the insurance described in paragraph
4.19(b). No applicant for a water conditioning contractor or installer license who maintains the
4.20insurance described in paragraph (b) shall be otherwise required to meet the insurance
4.21requirements of any political subdivision.
4.22 (b) The insurance shall provide coverage, including products liability coverage,
4.23for all damages in connection with licensed work for which the licensee is liable, with
4.24personal damage limits of at least $50,000 per person and $100,000 per occurrence and
4.25property damage insurance with limits of at least $10,000. The insurance shall be written
4.26by an insurer licensed to do business in this state and a certificate evidencing the insurance
4.27shall be filed with the commissioner. The insurance must remain in effect at all times while
4.28the application is pending and while the license is in effect.
The insurance shall not be
4.29canceled without the insurer first giving 15 days' written notice to the commissioner. In the
4.30event of a policy cancellation, the insurer shall send written notice to the commissioner at
4.31the same time that a cancellation request is received from or a notice is sent to the insured.
4.32 Sec. 58. Minnesota Statutes 2008, section 326B.86, subdivision 2, is amended to read:
4.33 Subd. 2.
Insurance. Each licensee shall have and maintain in effect commercial
4.34general liability insurance, which includes premises and operations insurance and products
5.1and completed operations insurance, with limits of at least $100,000 per occurrence,
5.2$300,000 aggregate limit for bodily injury, and property damage insurance with limits of
5.3at least $25,000 or a policy with a single limit for bodily injury and property damage of
5.4$300,000 per occurrence and $300,000 aggregate limits. The insurance must be written by
5.5an insurer licensed to do business in this state. Each licensee shall maintain on file with
5.6the commissioner a certificate evidencing the insurance
which provides that the insurance
5.7shall not be canceled without the insurer first giving 15 days' written notice of cancellation
5.8to the commissioner.
In the event of a policy cancellation, the insurer shall send written
5.9notice to the commissioner at the same time that a cancellation request is received from or
5.10a notice is sent to the insured. The commissioner may increase the minimum amount of
5.11insurance required for any licensee or class of licensees if the commissioner considers it to
5.12be in the public interest and necessary to protect the interests of Minnesota consumers.
5.13 Sec. 59. Minnesota Statutes 2008, section 326B.921, subdivision 6, is amended to read:
5.14 Subd. 6.
Insurance. In addition to the bond described in subdivision 5, each
5.15applicant for a high pressure pipefitting business license or renewal shall have in force
5.16public liability insurance, including products liability insurance, with limits of at least
5.17$100,000 per person and $300,000 per occurrence and property damage insurance with
5.18limits of at least $50,000.
5.19 The insurance must be kept in force for the entire term of the high pressure
5.20pipefitting business license, and the license shall be suspended by the department if at any
5.21time the insurance is not in force.
5.22 The insurance must be written by an insurer licensed to do business in the state and
5.23shall be in lieu of any other insurance required by any subdivision of government for high
5.24pressure pipefitting. Each person holding a high pressure pipefitting business license shall
5.25maintain on file with the department a certificate evidencing the insurance.
Any purported
5.26cancellation of insurance shall not be effective without the insurer first giving 30 days'
5.27written notice to the department. In the event of a policy cancellation, the insurer shall
5.28send written notice to the commissioner at the same time that a cancellation request is
5.29received from or a notice is sent to the insured.
5.30 Sec. 60. Minnesota Statutes 2008, section 327B.04, subdivision 4, is amended to read:
5.31 Subd. 4.
License prerequisites. No application shall be granted nor license issued
5.32until the applicant proves to the commissioner that:
5.33 (a) the applicant has a permanent, established place of business at each licensed
5.34location. An "established place of business" means a permanent enclosed building other
6.1than a residence, or a commercial office space, either owned by the applicant or leased by
6.2the applicant for a term of at least one year, located in an area where zoning regulations
6.3allow commercial activity, and where the books, records and files necessary to conduct
6.4the business are kept and maintained. The owner of a licensed manufactured home park
6.5who resides in or adjacent to the park may use the residence as the established place of
6.6business required by this subdivision, unless prohibited by local zoning ordinance.
6.7 If a license is granted, the licensee may use unimproved lots and premises for sale,
6.8storage, and display of manufactured homes, if the licensee first notifies the commissioner
6.9in writing;
6.10 (b) if the applicant desires to sell, solicit or advertise the sale of new manufactured
6.11homes, it has a bona fide contract or franchise in effect with a manufacturer or distributor
6.12of the new manufactured home it proposes to deal in;
6.13 (c) the applicant has secured: (1) a surety bond in the amount of $20,000 for each
6.14agency and each subagency location that bears the applicant's name and the name under
6.15which the applicant will be licensed and do business in this state. Each bond is for the
6.16protection of consumer customers, and must be executed by the applicant as principal and
6.17issued by a surety company admitted to do business in this state. Each bond shall be
6.18exclusively for the purpose of reimbursing consumer customers and shall be conditioned
6.19upon the faithful compliance by the applicant with all of the laws and rules of this state
6.20pertaining to the applicant's business as a dealer or manufacturer, including sections
6.21325D.44
,
325F.67 and
325F.69, and upon the applicant's faithful performance of all its
6.22legal obligations to consumer customers; and (2) a certificate of liability insurance in
6.23the amount of $1,000,000 that provides aggregate coverage for the agency and each
6.24subagency location
. In the event of a policy cancellation, the insurer shall send written
6.25notice to the commissioner at the same time that a cancellation request is received from
6.26or a notice is sent to the insured;
6.27 (d) the applicant has established a trust account as required by section
327B.08,
6.28subdivision 3
, unless the applicant states in writing its intention to limit its business to
6.29selling, offering for sale, soliciting or advertising the sale of new manufactured homes; and
6.30 (e) the applicant has provided evidence of having had at least two years' prior
6.31experience in the sale of manufactured homes, working for a licensed dealer.
6.32 Sec. 61. Minnesota Statutes 2008, section 340A.409, subdivision 1, is amended to read:
6.33 Subdivision 1.
Insurance required. (a) No retail license may be issued, maintained
6.34or renewed unless the applicant demonstrates proof of financial responsibility with regard
6.35to liability imposed by section
340A.801. The issuing authority must submit to the
7.1commissioner the applicant's proof of financial responsibility. This subdivision does not
7.2prohibit a local unit of government from requiring higher insurance or bond coverages, or
7.3a larger deposit of cash or securities. The minimum requirement for proof of financial
7.4responsibility may be given by filing:
7.5(1) a certificate that there is in effect for the license period an insurance policy
7.6issued by an insurer required to be licensed under section
60A.07, subdivision 4, or by
7.7an insurer recognized as an eligible surplus lines carrier pursuant to section
60A.206 or
7.8pool providing at least $50,000 of coverage because of bodily injury to any one person in
7.9any one occurrence, $100,000 because of bodily injury to two or more persons in any one
7.10occurrence, $10,000 because of injury to or destruction of property of others in any one
7.11occurrence, $50,000 for loss of means of support of any one person in any one occurrence,
7.12and $100,000 for loss of means of support of two or more persons in any one occurrence;
7.13(2) a bond of a surety company with minimum coverages as provided in clause (1); or
7.14(3) a certificate of the commissioner of management and budget that the licensee
7.15has deposited with the commissioner of management and budget $100,000 in cash or
7.16securities which may legally be purchased by savings banks or for trust funds having a
7.17market value of $100,000.
7.18(b) This subdivision does not prohibit an insurer from providing the coverage
7.19required by this subdivision in combination with other insurance coverage.
7.20(c) An annual aggregate policy limit for dram shop insurance of not less than
7.21$300,000 per policy year may be included in the policy provisions.
7.22(d) A liability insurance policy required by this section must provide that it may
7.23not be canceled for:
7.24(1) any cause, except for nonpayment of premium, by either the insured or the
7.25insurer unless the canceling party has first given
30 60 days' notice in writing to the
7.26issuing authority insured of intent to cancel the policy;
and
7.27(2) nonpayment of premium unless the canceling party has first given ten days'
7.28notice in writing to the
issuing authority insured of intent to cancel the policy
.; and
7.29(3) in the event of a policy cancellation, the insurer will send notice to the issuing
7.30authority at the same time that a cancellation request is received from or a notice is sent
7.31to the insured."
7.32Renumber the sections in sequence and correct the internal references
7.33Amend the title accordingly