1.1 	A bill for an act
1.2 	relating to commerce; removing or modifying obsolete, unnecessary, or 
1.3 	redundant laws and rules administered by the Department of Commerce or the 
1.4 	Public Utilities Commission; making conforming changes;amending Minnesota 
1.5 	Statutes 2012, sections 16D.04, subdivisions 1, 4; 45.0111, subdivision 2; 45.22; 
1.6 	45.23; 46.046, by adding a subdivision; 47.20, subdivision 7; 47.325; 47.78; 
1.7 	48.93, subdivisions 1, 3; 53A.06; 56.131, subdivision 1; 56.14; 58.115; 59C.10, 
1.8 	subdivision 2; 60A.0782, subdivisions 1, 2, 5, 11; 60A.0783, subdivisions 2, 
1.9 	3; 60A.0785, subdivision 3; 60A.0787, subdivision 4; 60A.0788, subdivision 
1.10 	2; 60A.0789, subdivisions 1, 2, 4; 60A.131; 60K.361; 61A.02, subdivisions 
1.11 	2, 3; 61A.03, subdivision 1; 61A.15, by adding a subdivision; 72B.03; 
1.12 	72B.041, subdivision 1; 72B.08, subdivision 1; 81A.02, subdivisions 1, 12; 
1.13 	81A.03, subdivision 2; 81A.04, subdivision 1; 81A.14, subdivision 2; 81A.16, 
1.14 	subdivisions 1, 2, 5; 81A.17; 81A.19; 81A.20; 81A.21; 82.60, subdivisions 1, 
1.15 	5; 82.63, subdivision 6; 82A.03; 82A.04, subdivision 2; 82A.05, subdivision 6; 
1.16 	82A.08, subdivision 1; 82A.09, subdivision 2; 82A.10; 82A.111, subdivision 
1.17 	2; 82A.12, subdivision 1; 82A.14; 82A.22, subdivision 2; 82A.25; 82A.26; 
1.18 	82B.195, subdivisions 1, 2; 83.26, subdivision 2; 83.30, subdivision 1; 115C.113; 
1.19 	115C.13; 237.04; 237.14; 237.16, subdivisions 8, 12; 237.164; 237.17; 237.30; 
1.20 	237.46; 237.491; 237.69, subdivisions 1, 15, 16; 237.71; 239.011, subdivision 
1.21 	2; 239.06; 239.081; 239.09; 239.091; 239.44; 239.46; 239.75, subdivision 1; 
1.22 	239.753; 239.80, subdivision 1; 270B.14, subdivision 1; 325E.11; 325E.115, 
1.23 	subdivision 2; 332.31, subdivision 1; 332.311; 332.33, subdivisions 1, 2, 3, 5, 
1.24 	5a, 7; 332.38; 332.39; 332.40, subdivisions 1, 2, 3; 332.42, subdivisions 1, 
1.25 	2; 332.44; 386.015, subdivision 5; 386.62; 386.65, subdivision 1; 386.705; 
1.26 	386.706; 386.73; 386.74; 386.76; Minnesota Statutes 2013 Supplement, sections 
1.27 	82A.06, subdivision 2; 82A.13, subdivision 1; 237.036; 237.16, subdivision 9; 
1.28 	239.101, subdivision 3; 270.41, subdivision 5; repealing Minnesota Statutes 
1.29 	2012, sections 13.713, subdivision 4; 45.0111; 45.25, subdivision 4; 45.42, 
1.30 	subdivision 1; 46.045, subdivision 2; 46.046, subdivisions 3, 4; 46.047; 46.23, 
1.31 	subdivision 3; 47.61, subdivision 2; 48.34; 48.92, subdivisions 4, 5; 53.07; 
1.32 	53A.081; 56.001, subdivisions 4, 5, 6; 60A.02, subdivision 2; 60A.078; 60A.18; 
1.33 	61A.05; 61A.09, subdivision 4; 61A.11; 61A.16; 61A.17; 61A.18; 62A.319; 
1.34 	62B.07, subdivision 8; 72A.53; 72B.02, subdivision 8; 80C.30; 81A.01; 81A.02, 
1.35 	subdivision 5; 81A.08; 81A.18; 82.60, subdivisions 2, 3, 4; 82.63, subdivisions 7, 
1.36 	9, 10; 82A.04; 82A.07; 82A.08; 82A.11, subdivision 2; 82A.111, subdivision 5; 
1.37 	82A.13, subdivision 3; 82A.18, subdivision 3; 82A.22, subdivisions 1, 3; 82A.24, 
1.38 	subdivision 5; 82B.021; 115C.01; 115C.111; 237.068; 237.16, subdivisions 10, 
1.39 	11, 13; 237.18; 237.33; 237.34; 237.35; 237.36; 237.37; 237.38; 237.39; 237.40; 
2.1 	237.44; 237.45; 237.47; 237.67; 237.711; 237.80, subdivision 1; 239.001; 
2.2 	239.002; 239.003; 239.012; 239.051, subdivision 7; 239.101, subdivision 4; 
2.3 	239.28; 239.29; 239.30; 239.31; 239.35; 239.36; 239.51; 239.511; 239.53; 
2.4 	239.54; 239.80, subdivisions 2, 3; 332.45; 386.61, subdivisions 1, 2, 4; 609B.109; 
2.5 	Minnesota Statutes 2013 Supplement, sections 82.63, subdivision 8; 82A.06, 
2.6 	subdivision 2; Minnesota Rules, parts 2782.0200; 2782.0300; 2782.0400; 
2.7 	2782.0500; 2782.0600; 2782.0700; 2782.0800; 2795.2000; 2830.0010; 
2.8 	2830.0020; 2830.0030; 2830.0040; 2830.0050; 2830.0060; 2830.0070; 
2.9 	2830.0080; 2830.0090; 2830.0100; 2870.0100; 2870.1100; 2870.1200; 
2.10 	2870.1400; 2870.1700; 2870.1800; 2870.1900; 2870.2000; 2870.2100; 
2.11 	2870.2200; 2870.2300; 2870.3100; 2870.3200; 2870.3300; 2870.3400; 
2.12 	2870.3500; 2870.3600; 2870.3700; 2870.3800; 2870.3900; 2870.4000; 
2.13 	2870.4100; 2870.5100; 7601.7010; 7601.7090, subpart 3; 7601.8000; 7602.0100.
2.14 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

2.15 	ARTICLE 1
2.16 	OBSOLETE, UNNECESSARY, OR REDUNDANT PROVISIONS

2.17 	Section 1. Minnesota Statutes 2012, section 45.22, is amended to read:
2.18 	45.22 LICENSE EDUCATION APPROVAL.
2.19 	License education courses must be approved in advance by the commissioner. 
2.20 	Each education provider who offers a license education course must be approved by the 
2.21 	commissioner. Each approved education provider must have at least one coordinator who 
2.22 	meets the criteria specified in this chapter, and who is responsible for supervising the 
2.23 	educational program and assuring compliance with all laws and rules.
2.24 	For courses with an initial approval date on or before December 31, 2000, approval 
2.25 	will expire on April 30, 2006. For courses with an initial approval date after January 1, 
2.26 	2001, but before August 1, 2005, approval will expire on April 30, 2007.

2.27 	Sec. 2. Minnesota Statutes 2012, section 45.23, is amended to read:
2.28 	45.23 LICENSE EDUCATION FEES.
2.29 	The following fees must be paid to the commissioner:
2.30 	(1) initial course approval, $10 for each hour or fraction of one hour of education 
2.31 	course approval sought. Initial course approval expires on the last day of the 24th month 
2.32 	after the course is approved;
2.33 	(2) renewal of course approval, $10 per course. Renewal of course approval expires 
2.34 	on the last day of the 24th month after the course is renewed;
2.35 	(3) initial education provider approval, $100. Initial education provider approval 
2.36 	issued under this section is valid for a period not to exceed 24 months and expires on 
2.37 	January 31 of the renewal year assigned by the commissioner. Active education providers 
2.38 	who have at least one approved coordinator as of June 1, 2006, are deemed to be approved 
3.1 	education providers and are not required to submit an initial application for education 
3.2 	provider approval; and
3.3 	(4) renewal of education provider approval, $10. Each renewal of education 
3.4 	provider approval is valid for a period of 24 months. Active education providers who have 
3.5 	at least one approved coordinator as of June 1, 2006, will have an expiration date of 
3.6 	January 31, 2008.

3.7 	Sec. 3. Minnesota Statutes 2012, section 46.046, is amended by adding a subdivision 
3.8 	to read:
3.9 		Subd. 2a.Banking institution. "Banking institution" means a bank, trust company, 
3.10 	bank and trust company, savings bank, or industrial loan and thrift operating under section 
3.11 	53.04, subdivision 5, that is organized under the laws of this state, or a holding company 
3.12 	which owns or otherwise controls the banking institution.

3.13 	Sec. 4. Minnesota Statutes 2012, section 47.20, subdivision 7, is amended to read:
3.14 		Subd. 7.Discount points prohibited. (1) No conventional loan made on or 
3.15 	after the effective date of Laws 1977, chapter 350 and prior to May 31, 1979 shall 
3.16 	contain a provision requiring or permitting the imposition, directly or indirectly, of any 
3.17 	discount points, whether or not actually denominated as discount points, on any person.
3.18 	 Conventional or cooperative apartment loans made on or after May 31, 1979 may contain 
3.19 	provisions permitting discount points, if the loan does not provide a loan yield in excess of 
3.20 	that permitted by subdivision 4a. The loan yield is computed using the amount resulting 
3.21 	when the discount points are included in the finance charge.
3.22 	(2) Forward commitment fees are not discount points within the meaning of this 
3.23 	subdivision.
3.24 	(3) No charges, fees, or sums permitted by this section which are paid to and received 
3.25 	by a lender may be increased for purposes of evading compliance with this subdivision.

3.26 	Sec. 5. Minnesota Statutes 2012, section 47.325, is amended to read:
3.27 	47.325 APPEAL AND JUDICIAL REVIEW.
3.28 	A savings bank aggrieved by any action or inaction of the commissioner under 
3.29 	sections 47.27 to 47.30 may appeal under sections 14.63 to 14.69. The scope of judicial 
3.30 	review in the proceedings is as provided in those sections.

3.31 	Sec. 6. Minnesota Statutes 2012, section 53A.06, is amended to read:
3.32 	53A.06 FINE, SUSPENSION, OR REVOCATION OF LICENSE.
4.1 	(a) The commissioner may suspend or revoke any license under section 45.027if, 
4.2 	including when the commissioner finds that:
4.3 	(1) the licensee has failed to pay the annual license fee or to maintain in effect the 
4.4 	required bond or to comply with any order, decision, or finding of the commissioner 
4.5 	under this chapter;
4.6 	(2) the licensee, or any officer or director of a corporate licensee, has violated any 
4.7 	provision of this chapter or any rule or order of the commissioner under this chapter 
4.8 	or chapter 45;
4.9 	(3) the licensee, or any officer or director of a corporate licensee, has violated any 
4.10 	other law which would indicate that the person is untrustworthy or not qualified to operate 
4.11 	a currency exchange; or
4.12 	(4) any fact or condition exists which, if it had existed at the time of the original or 
4.13 	renewal application for the license, would have warranted the commissioner refusing the 
4.14 	issuance of the license.
4.15 	(b) A license may not be revoked until the licensee has had notice of a hearing 
4.16 	pursuant to the provisions of chapter 14.
4.17 	(c) (b) A licensee may surrender any license by delivery to the commissioner. The 
4.18 	surrender does not affect the licensee's civil or criminal liability for acts committed before 
4.19 	the surrender, or affect the liability on the bond required by sections 53A.01 to 53A.13, or 
4.20 	entitle the licensee to a return of any part of any license fee.
4.21 	(d) (c) Before suspension or revocation of the license, the commissioner may fine a 
4.22 	licensee for violations of this chapter as authorized under chapter 45.

4.23 	Sec. 7. Minnesota Statutes 2012, section 56.131, subdivision 1, is amended to read:
4.24 		Subdivision 1.Interest rates and charges. (a) On any loan in a principal amount 
4.25 	not exceeding $100,000 or 15 percent of a Minnesota corporate licensee's capital stock 
4.26 	and surplus as defined in section 53.015, if greater, a licensee may contract for and receive 
4.27 	interest, finance charges, and other charges as provided in section 47.59.
4.28 	(b) Loans may be interest-bearing or precomputed.
4.29 	(c) Notwithstanding section 47.59 to the contrary, to compute time on interest-bearing 
4.30 	and precomputed loans, including, but not limited to the calculation of interest, a day is 
4.31 	considered 1/30 of a month when calculation is made for a fraction of a calendar month. A 
4.32 	year is 12 calendar months. A calendar month is that period from a given date in one month 
4.33 	to the same numbered date in the following month, and if there is no same numbered date, 
4.34 	to the last day of the following month. When a period of time includes a whole month and 
4.35 	a fraction of a month, the fraction of a month is considered to follow the whole month.
5.1 	In the alternative, for interest-bearing loans, a licensee may charge interest at the rate 
5.2 	of 1/365 of the agreed annual rate for each actual day elapsed.
5.3 	(d) With respect to interest-bearing loans and notwithstanding section 47.59:
5.4 	(1) Interest must be computed on unpaid principal balances outstanding from time to 
5.5 	time, for the time outstanding. Each payment must be applied first to the accumulated 
5.6 	interest and the remainder of the payment applied to the unpaid principal balance; 
5.7 	provided however, that if the amount of the payment is insufficient to pay the accumulated 
5.8 	interest, the unpaid interest continues to accumulate to be paid from the proceeds of 
5.9 	subsequent payments and is not added to the principal balance.
5.10 	(2) Interest must not be payable in advance or compounded. However, if part or all of 
5.11 	the consideration for a new loan contract is the unpaid principal balance of a prior loan, then 
5.12 	the principal amount payable under the new loan contract may include any unpaid interest 
5.13 	which has accrued. The unpaid principal balance of a precomputed loan is the balance due 
5.14 	after refund or credit of unearned interest as provided in paragraph (e), clause (3). The 
5.15 	resulting loan contract is deemed a new and separate loan transaction for all purposes.
5.16 	(e) With respect to precomputed loans and notwithstanding section 47.59 to the 
5.17 	contrary:
5.18 	(1) Loans must be repayable in substantially equal and consecutive monthly 
5.19 	installments of principal and interest combined, except that the first installment period 
5.20 	may be more or less than one month by not more than 15 days, and the first installment 
5.21 	payment amount may be larger than the remaining payments by the amount of interest 
5.22 	charged for the extra days and must be reduced by the amount of interest for the number 
5.23 	of days less than one month to the first installment payment; and monthly installment 
5.24 	payment dates may be omitted to accommodate borrowers with seasonal income.
5.25 	(2) Payments may be applied to the combined total of principal and precomputed 
5.26 	interest until the loan is fully paid. Payments must be applied in the order in which they 
5.27 	become due.
5.28 	(3) If the maturity of the loan is accelerated for any reason and judgment is entered, 
5.29 	the licensee shall credit the borrower with the same refund as if prepayment in full had 
5.30 	been made on the date the judgment is entered.
5.31 	(4) Following the final installment as originally scheduled or deferred, the licensee, 
5.32 	for any loan contract which has not previously been converted to interest-bearing under 
5.33 	paragraph (g), may charge interest on any balance remaining unpaid, including unpaid 
5.34 	default or deferment charges, at the single annual percentage rate permitted by this 
5.35 	subdivision until fully paid.
6.1 	(5) (b) With respect to a loan secured by an interest in real estate, and having a 
6.2 	maturity of more than 60 months, the original schedule of installment payments must 
6.3 	fully amortize the principal and interest on the loan. The original schedule of installment 
6.4 	payments for any other loan secured by an interest in real estate must provide for payment 
6.5 	amounts that are sufficient to pay all interest scheduled to be due on the loan.
6.6 	(f) (c) A licensee may contract for and collect a delinquency charge as provided for 
6.7 	in section 47.59, subdivision 6, paragraph (a), clause (4).
6.8 	(g) (d) A licensee may grant extensions, deferments, or conversions to 
6.9 	interest-bearing as provided in section 47.59, subdivision 5.

6.10 	Sec. 8. Minnesota Statutes 2012, section 56.14, is amended to read:
6.11 	56.14 DUTIES OF LICENSEE.
6.12 	Every licensee shall:
6.13 	(1) deliver to the borrower (or if there are two or more borrowers to one of them) at 
6.14 	the time any loan is made a statement making the disclosures and furnishing the information 
6.15 	required by the federal Truth-in-Lending Act, United States Code, title 15, sections 1601 
6.16 	to 1667e, as amended from time to time, with respect to the contract of loan. A copy of the 
6.17 	loan contract may be delivered in lieu of a statement if it discloses the required information;
6.18 	(2) deliver or mail to the borrower without request, a written receipt within 30 
6.19 	days following payment for each payment by coin or currency made on account of any 
6.20 	loan wherein charges are computed and paid on unpaid principal balances for the time 
6.21 	actually outstanding, specifying the amount applied to charges and the amount, if any, 
6.22 	applied to principal, and stating the unpaid principal balance, if any, of the loan; and 
6.23 	wherein precomputed charges have been added to the principal of the loan specifying the 
6.24 	amount of the payment applied to principal and charges combined, the amount applied 
6.25 	to default or extension charges, if any, and stating the unpaid balance, if any, of the 
6.26 	precomputed loan contract. A periodic statement showing a payment received by mail 
6.27 	complies with this clause;
6.28 	(3) permit payment to be made in advance in any amount on any contract of loan at 
6.29 	any time, but the licensee may apply the payment first to all charges in full at the agreed 
6.30 	rate up to the date of the payment;
6.31 	(4) upon repayment of the loan in full, mark indelibly every obligation and security, 
6.32 	other than a mortgage or security agreement which secures a new loan to the licensee, 
6.33 	signed by the borrower with the word "Paid" or "Canceled," and release any mortgage 
6.34 	or security agreement which no longer secures a loan to the licensee, restore any pledge, 
6.35 	and cancel and return any note, and any assignment given to the licensee which does not 
7.1 	secure a new loan to the licensee within 20 days after the repayment. For purposes of this 
7.2 	requirement, the document including actual evidence of an obligation or security may be 
7.3 	maintained, stored, and retrieved in a form or format acceptable to the commissioner 
7.4 	under section 46.04, subdivision 3;
7.5 	(5) display prominently in each licensed place of business a full and accurate 
7.6 	schedule, to be approved by the commissioner, of the charges to be made and the method 
7.7 	of computing the same; furnish a copy of the contract of loan to any person obligated on it 
7.8 	or who may become obligated on it at any time upon the request of that person;
7.9 	(6) show in the loan contract or statement of loan the rate or rates of charge on which 
7.10 	the charge in the contract is based, expressed in terms of rate or rates per annum. The 
7.11 	rate expression shall be printed in at least 8-point type on the loan statement or copy of 
7.12 	the loan contract given to the borrower;.
7.13 	(7) if a payment results in the prepayment of three or more installment payments 
7.14 	on a precomputed loan, within 15 days of receipt of the prepayment, deliver or mail to 
7.15 	the borrower a notice in at least eight-point type. The notice must contain the following 
7.16 	statement:
7.17 	"You have substantially prepaid the installment payments on your loan and may 
7.18 	experience an interest savings over the remaining term only if you refinance the 
7.19 	balance within the next 30 days."

7.20 	Sec. 9. Minnesota Statutes 2012, section 58.115, is amended to read:
7.21 	58.115 EXAMINATIONS.
7.22 	The commissioner has under this chapter the same powers with respect to 
7.23 	examinations that the commissioner has under section 46.04, including the authority to 
7.24 	charge for the direct costs of the examination, including travel and per diem expenses.

7.25 	Sec. 10. Minnesota Statutes 2012, section 59C.10, subdivision 2, is amended to read:
7.26 		Subd. 2.Enforcement authority. The commissioner may take action that is 
7.27 	necessary or appropriate to enforce the provisions of this chapter and the commissioner's 
7.28 	rules and orders and to protect warranty holders in this state. The commissioner has the 
7.29 	enforcement authority in chapter 45 available to enforce the provisions of the chapter and 
7.30 	the rules adopted pursuant to it.

7.31 	Sec. 11. Minnesota Statutes 2012, section 60A.131, is amended to read:
7.32 	60A.131 OTHER BUSINESS AND INSURANCE INTERESTS, DISCLOSURE.
8.1 	(a) If requested by the commissioner, an insurance company authorized to do 
8.2 	business in this state shall disclose to the commissioner any changes in the principal 
8.3 	management and directors of the company from that listed on page one of the annual 
8.4 	statement within ten days of such change.
8.5 	(b) Every insurance company authorized to do business in this state shall notify the 
8.6 	commissioner within ten days after receipt of notice of any acquisition by any person, 
8.7 	association or corporation of stock or other equity security in said insurer where such 
8.8 	transaction, directly or indirectly, either involves five percent or more of any class of any 
8.9 	equity security of said insurer, or such acquisition results in ownership of five percent or 
8.10 	more of any equity security of said insurer.
8.11 	(c) All principal management and directors of the company as listed on page one of 
8.12 	its annual statement, and any person, association or corporation or any person or persons 
8.13 	managing such company under a management contract, who are directly or indirectly the 
8.14 	beneficial owners of more than five percent of any class of any equity security of a stock 
8.15 	insurer or guaranty fund of a mutual insurer, shall disclose all other interests in excess 
8.16 	of five percent which they may have in insurance agencies, other insurance companies, 
8.17 	premium finance companies and any other companies whose principal business relates 
8.18 	directly to the writing of insurance or the handling of claims, within 30 days following 
8.19 	May 21, 1967. Any such interests acquired after May 21, 1967, shall be reported to the 
8.20 	commissioner within 30 days after acquisition thereof.
8.21 	(d) Every company applying for an initial certificate of authority to do business in this 
8.22 	state shall file with the application a statement giving the information required in paragraph 
8.23 	(c) as to its principal management, directors and affected holders of its equity securities.

8.24 	Sec. 12. Minnesota Statutes 2012, section 60K.361, is amended to read:
8.25 	60K.361 INSURANCE EDUCATION.
8.26 	(a) Prelicense education must consist of 20 hours of education per line of authority.
8.27 	(b) The course must include an introduction to insurance and insurance-related 
8.28 	concepts covering all of the major lines of authority except variable life and variable 
8.29 	annuities. The course must consist of the following: a curriculum as prescribed and 
8.30 	published by the commissioner from time to time.
8.31 	(1) rules, regulations, and law;
8.32 	(2) basic fundamentals of insurance;
8.33 	(3) property:
8.34 	(i) types of policies;
8.35 	(ii) policy provisions;
9.1 	(iii) perils, exclusions, deductibles, and liability; and
9.2 	(iv) evaluating needs;
9.3 	(4) casualty:
9.4 	(i) types of policies;
9.5 	(ii) policy provisions;
9.6 	(iii) perils, exclusions, deductibles, and liability; and
9.7 	(iv) evaluating needs;
9.8 	(5) life:
9.9 	(i) types of policies;
9.10 	(ii) policy provisions; and
9.11 	(iii) group insurance; and
9.12 	(6) accident and health:
9.13 	(i) types of policies;
9.14 	(ii) policy provisions; and
9.15 	(iii) group insurance.
9.16 	(c) Courses that cover a specific major line of authority must include the following:
9.17 	(1) life:
9.18 	(i) types of life insurance policies; and
9.19 	(ii) Minnesota laws, rules, and regulations pertinent to life insurance;
9.20 	(2) accident and health:
9.21 	(i) types of health insurance policies; and
9.22 	(ii) Minnesota laws, rules, and regulations pertinent to accident and health insurance;
9.23 	(3) property:
9.24 	(i) personal lines;
9.25 	(ii) commercial lines; and
9.26 	(iii) Minnesota laws, rules, and regulations pertinent to property insurance.
9.27 	(4) casualty:
9.28 	(i) personal lines;
9.29 	(ii) commercial lines; and
9.30 	(iii) Minnesota laws, rules, and regulations pertinent to casualty insurance; and
9.31 	(5) personal lines:
9.32 	(i) types of property/casualty personal lines insurance policies; and
9.33 	(ii) Minnesota laws, rules, and regulations pertinent to property/casualty personal 
9.34 	lines insurance.

9.35 	Sec. 13. Minnesota Statutes 2012, section 61A.02, subdivision 2, is amended to read:
10.1 		Subd. 2.Approval required. Except as otherwise authorized pursuant to 
10.2 	subdivision 2a, no policy or certificate of life insurance or annuity contract, whether on a 
10.3 	nonvariable or variable basis, issued to an individual, group, or multiple employer trust,
10.4 	 nor any form of application for the policy, certificate, or contract, nor any rider of any kind 
10.5 	or description which is made a part thereof shall be issued or delivered in this state, or be 
10.6 	issued by a life insurance company organized under the laws of this state, until the form 
10.7 	of the same has been approved by the commissioner. In making a determination under 
10.8 	this section, the commissioner may require the insurer to provide rates and advertising 
10.9 	materials related to policies or contracts, certificates, or similar evidence of coverage 
10.10 	issued or delivered in this state.
10.11 	Subdivisions 1 to 5 apply to a policy, certificate of insurance, or similar evidence 
10.12 	of coverage issued to a Minnesota resident or issued to provide coverage to a Minnesota 
10.13 	resident. Subdivisions 1 to 5 do not apply to a certificate of insurance or similar evidence 
10.14 	of coverage that meets the conditions of section 61A.093, subdivision 2.

10.15 	Sec. 14. Minnesota Statutes 2012, section 61A.02, subdivision 3, is amended to read:
10.16 		Subd. 3.Disapproval. (a) The commissioner shall, within 60 days after the filing of 
10.17 	any form, disapprove the form:
10.18 	(1) if the benefits provided are unreasonable in relation to the premium charged;
10.19 	(2) if the safety and soundness of the company would be threatened by the offering 
10.20 	of an excess rate of interest on the policy or contract;
10.21 	(3) if it contains a provision or provisions which are unlawful, unfair, inequitable, 
10.22 	misleading, or encourages misrepresentation of the policy; or
10.23 	(4) if the form, or its provisions, is otherwise not in the public interest. It shall 
10.24 	be unlawful for the company to issue any policy in the form so disapproved. If the 
10.25 	commissioner does not within 60 days after the filing of any form, disapprove or otherwise 
10.26 	object, the form shall be deemed approved.
10.27 	(b) When an insurer or the Minnesota Comprehensive Health Association fails to 
10.28 	respond to an objection or inquiry within 60 days, the filing is automatically disapproved. 
10.29 	A resubmission is required if action by the Department of Commerce is subsequently 
10.30 	requested. An additional filing fee is required for the resubmission.
10.31 	(c) For purposes of paragraph (a), clause (2), an excess rate of interest is a rate of 
10.32 	interest exceeding the rate of interest determined by subtracting three percentage points 
10.33 	from Moody's corporate bond yield average as most recently available.
10.34 	(d) The commissioner may at any time disapprove any contract form, application, or 
10.35 	certificate (1) if it does not comply with the provisions of sections 61A.13 to 61A.21; or (2) 
11.1 	if it contains provisions which are unjust, unfair, inequitable, ambiguous, or misleading. 
11.2 	After the commissioner has notified a company of disapproval, it shall be unlawful for that 
11.3 	company to issue or use the contract, application, or certificate in the form so disapproved.

11.4 	Sec. 15. Minnesota Statutes 2012, section 61A.03, subdivision 1, is amended to read:
11.5 		Subdivision 1.Generally. No policy of life insurance may be issued in this state 
11.6 	or by a life insurance company organized under the laws of this state unless it contains 
11.7 	the following provisions:
11.8 	(a) Premium. A provision that all premiums are payable in advance either at the 
11.9 	home office of the company, or to an agent of the company, upon delivery of a receipt 
11.10 	signed by one or more officers named in the policy and countersigned by the agent, but a 
11.11 	policy may contain a provision that the policy itself is a receipt for the first premium;
11.12 	(b) Grace period. A provision for a one month grace period for the payment of 
11.13 	every premium after the first, during which the insurance will continue in force. The 
11.14 	provision may subject the late payment to a finance charge and contain a stipulation that 
11.15 	if the insured dies during the grace period, the overdue premium will be deducted in 
11.16 	any settlement under the policy;
11.17 	(c) Entire contract. A provision that the policy constitutes the entire contract 
11.18 	between the parties and when referenced in the policy, includes any application, rider, 
11.19 	endorsement, or amendment attached to the policy; and is incontestable after it has been in 
11.20 	force during the lifetime of the insured for two years from its date, except for nonpayment 
11.21 	of premiums and except for violations of the conditions of the policy relating to naval and 
11.22 	military services in time of war; that at the option of the company, provisions relative to 
11.23 	benefits in the event of total and permanent disability and provisions which grant additional 
11.24 	insurance specifically against death by accident, may be excepted; and that a special form 
11.25 	of policy may be issued on the life of a person employed in an occupation classified by the 
11.26 	company as extra hazardous or as leading to hazardous employment, which provides that 
11.27 	service in certain designated occupations may reduce the company's liability under the 
11.28 	policy to a certain designated amount not less than the full policy reserve;
11.29 	(d) Representations and warranties. A provision that, in the absence of fraud, all 
11.30 	statements made by the insured in the application are representations and not warranties, 
11.31 	and that no statement voids the policy unless it is contained in a written application and a 
11.32 	copy of the application is endorsed upon or attached to the policy when issued;
11.33 	(e) Misstatement of age. A provision that if the age of the insured is understated the 
11.34 	amount payable under the policy will be the amount the premium would have purchased 
11.35 	at the correct age;
12.1 	(f) Dividends on participating policies. A provision that the policy will participate 
12.2 	in the surplus of the company and that, beginning not later than the end of the third policy 
12.3 	year, the company will annually determine and account for the portion of the divisible 
12.4 	surplus accruing on the policy, and that the owner of the policy has the right, each year 
12.5 	after the fifth, to have the current dividend arising from the participation paid in cash. If 
12.6 	the policy provides other dividend options, it must specify which option is effective if the 
12.7 	owner of the policy does not elect an option. The provision may condition any dividends 
12.8 	payable during the first five years of the policy upon the payment of the next ensuing annual 
12.9 	premium. This provision is not required in nonparticipating policies, in policies issued on 
12.10 	under-average lives, or in insurance in exchange for lapsed or surrendered policies;
12.11 	(g) Policy loans. A provision (1) that after three full years' premiums have been 
12.12 	paid, the company at any time while the policy is in force, will advance, on proper 
12.13 	assignment of the policy, and on the sole security thereof, at a specified rate of interest, 
12.14 	not to exceed eight percent per annum, or at an adjustable rate of interest as otherwise 
12.15 	provided for in this section, a sum equal to, or, at the option of the owner of the policy, 
12.16 	less than the loan value thereof; (2) that the loan value is the cash surrender value thereof 
12.17 	at the end of the current policy year; (3) that the loan, unless made to pay premiums, may 
12.18 	be deferred for not more than six months after the application for it is made; (4) that the 
12.19 	company will deduct from the loan value any existing indebtedness on the policy and 
12.20 	any unpaid balance of the premium for current policy year, and may collect interest in 
12.21 	advance on the loan to the end of the current policy year; (5) that the failure to repay an 
12.22 	advance or to pay interest does not void the policy unless the total indebtedness thereon 
12.23 	to the company equals or exceeds the loan value at the time of the failure, nor until one 
12.24 	month after notice has been mailed by the company to the last known address of the 
12.25 	insured and of the assignee of record at the home office of the company; and (6) that no 
12.26 	condition other than those provided in this section will be exacted as a prerequisite to an 
12.27 	advance. This provision is not required in term insurance;
12.28 	(h) Reinstatement. A provision that if, in event of default in premium payments, the 
12.29 	nonforfeiture value of the policy is applied to the purchase of other insurance, and if that 
12.30 	insurance is in force and the original policy has not been surrendered to the company and 
12.31 	canceled, the policy may be reinstated within three years after the default upon evidence of 
12.32 	insurability satisfactory to the company and payment of arrears of premiums with interest;
12.33 	(i) Payment of claims. A provision that, when a policy becomes a claim by the 
12.34 	death of the insured, settlement will be made within two months after receipt of due 
12.35 	proof of death;
13.1 	(j) Settlement option. A table showing the amount of installments in which the 
13.2 	policy may provide its proceeds may be payable;
13.3 	(k) Description of policy. A title on the face and on the back of the policy briefly 
13.4 	and correctly describing the policy in bold letters stating its general character, dividend 
13.5 	periods, and other particulars, so that the holder will not be able to mistake the nature 
13.6 	and scope of the contract;
13.7 	(l) Form number. A form number in the lower left-hand corner of the first page of 
13.8 	each form, including riders and endorsements.
13.9 	Any of the foregoing provisions or portions thereof relating to premiums not 
13.10 	applicable to single premium policies must not be incorporated therein.

13.11 	Sec. 16. Minnesota Statutes 2012, section 61A.15, is amended by adding a subdivision 
13.12 	to read:
13.13 		Subd. 3.Any variable contract or policy. Any contract on a variable basis 
13.14 	providing benefits payable in variable amounts delivered or issued for delivery in this state 
13.15 	must contain a statement of the essential features of the procedures to be followed by the 
13.16 	insurance company in determining the dollar amount of such variable benefits. Any such 
13.17 	contract, including a group contract, and any certificate in evidence of variable benefits 
13.18 	issued under it, must state the manner in which the dollar amounts will vary and must 
13.19 	contain on its first page a statement to the effect that the benefits under the contract are 
13.20 	on a variable basis.

13.21 	Sec. 17. Minnesota Statutes 2012, section 72B.03, is amended to read:
13.22 	72B.03 LICENSES.
13.23 		Subdivision 1.Requirement; exceptions. (a) A person shall not act or hold out as 
13.24 	an independent adjuster, or public adjuster, or public adjuster solicitor unless the person 
13.25 	is licensed as an independent adjuster, or public adjuster, or public adjuster solicitor in 
13.26 	accordance with this chapter, or is exempt from licensure as an independent adjuster, or
13.27 	 public adjuster, or public adjuster solicitor under this chapter.
13.28 	(b) The definition of adjuster does not include, and a license as an adjuster is not 
13.29 	required of, the following:
13.30 	(1) attorneys-at-law admitted to practice in this state, when acting in the attorney's 
13.31 	professional capacity as an attorney;
13.32 	(2) a person employed solely to obtain facts surrounding a claim or to furnish 
13.33 	technical assistance to a licensed adjuster;
14.1 	(3) an individual who is employed to investigate suspected fraudulent insurance 
14.2 	claims but who does not adjust losses or determine claims payments;
14.3 	(4) a person who solely performs executive, administrative, managerial, or clerical 
14.4 	duties or any combination of these duties and who does not investigate, negotiate, or settle 
14.5 	claims with policyholders, claimants, or their legal representative;
14.6 	(5) a licensed health care provider or its employee who provides managed care 
14.7 	services so long as the services do not include the determination of compensability;
14.8 	(6) a managed care organization or any of its employees or an employee of any 
14.9 	organization providing managed care services so long as the services do not include the 
14.10 	determination of compensability;
14.11 	(7) a person who settles only reinsurance or subrogation claims;
14.12 	(8) an officer, director, manager, or employee of an authorized insurer, a surplus lines 
14.13 	insurer, a risk retention group, or an attorney-in-fact of a reciprocal insurer;
14.14 	(9) a United States manager of the United States branch of an alien insurer;
14.15 	(10) a person who investigates, negotiates, or settles life, accident and health, 
14.16 	annuity, or disability insurance claims;
14.17 	(11) an individual employee, under a self-insured arrangement, who adjusts claims 
14.18 	on behalf of the employee's employer;
14.19 	(12) a licensed insurance producer, attorney-in-fact of a reciprocal insurer, or 
14.20 	managing general agent of the insurer to whom claim authority has been granted by the 
14.21 	insurer;
14.22 	(13) a person authorized to adjust workers' compensation or disability claims under 
14.23 	the authority of a third-party administrator license pursuant to section 60A.23, subdivision 
14.24 	8; or
14.25 	(14) an individual who:
14.26 	(i) collects claim information from, or furnishes claim information to, insureds or 
14.27 	claimants; and
14.28 	(ii) conducts data entry including entering data into an automated claims adjudication 
14.29 	system, provided that the individual is an employee of a licensed independent adjuster or 
14.30 	its affiliate where no more than 25 such persons are under the supervision of one licensed 
14.31 	independent adjuster or licensed insurance producer who is exempt from licensure under 
14.32 	clause (12).
14.33 		Subd. 2.Classes of licenses. (a) Unless denied licensure pursuant to section 72B.08, 
14.34 	persons who have met the requirements of section 72B.041 must be issued an adjuster 
14.35 	license. There shall be four three classes of licenses, as follows:
14.36 	(1) independent adjuster's license;
15.1 	(2) public adjuster's license; and
15.2 	(3) public adjuster solicitor's license; and
15.3 	(4) (3) crop hail adjuster's license.
15.4 	(b) An independent adjuster and a public adjuster may qualify for a license in one or 
15.5 	more of the following lines of authority:
15.6 	(1) property and casualty; or
15.7 	(2) workers' compensation; or
15.8 	(3) crop.
15.9 	(c) Any person holding a license pursuant to this section is not required to hold any 
15.10 	other independent adjuster, public adjuster, insurance, or self-insurance administrator 
15.11 	license in this state pursuant to section 60A.23, subdivision 8, or any other provision, 
15.12 	provided that the person does not act as an adjuster with respect to life, health, or annuity 
15.13 	insurance, other than disability insurance.
15.14 	(d) An adjuster license remains in effect unless probated, suspended, revoked, or 
15.15 	refused as long as the fee set forth in section 72B.041, subdivision 9, is paid and all other 
15.16 	requirements for license renewal are met by the due date, otherwise, the license expires.
15.17 	(e) An adjuster whose license expires may, within 12 months of the renewal date, 
15.18 	be reissued an adjuster license upon receipt of the renewal request, as prescribed by the 
15.19 	commissioner; however, a penalty in the amount of double the unpaid renewal fee is 
15.20 	required to reissue the expired license.
15.21 	(f) An adjuster who is unable to comply with license renewal procedures and 
15.22 	requirements due to military service, long-term medical disability, or some other 
15.23 	extenuating circumstance may request a waiver of same and a waiver of any examination 
15.24 	requirement, fine, or other sanction imposed for failure to comply with renewal procedures.
15.25 	(g) An adjuster is subject to sections 72A.17 to 72A.32.
15.26 	(h) The adjuster must inform the commissioner by any means acceptable of any 
15.27 	change in resident or business addresses for the home state or in legal name within 30 
15.28 	days of the change.
15.29 	(i) The license must contain the licensee's name, address, and personal identification 
15.30 	number; the dates of issuance and expiration; and any other information the commissioner 
15.31 	deems necessary.
15.32 	(j) In order to assist in the performance of the commissioner's duties, the 
15.33 	commissioner may contract with nongovernmental entities, including the National 
15.34 	Association of Insurance Commissioners, its affiliates, or its subsidiaries, to perform any 
15.35 	ministerial functions related to licensing that the commissioner may deem appropriate, 
15.36 	including the collection of fees and data.
16.1 		Subd. 3.Payment for services; unlawful practice. No insurer, agent, or other 
16.2 	representative of an insurer nor any adjuster shall pay any fee or other compensation to 
16.3 	any person for acting as an adjuster, or a public adjuster solicitor, except to a person 
16.4 	duly licensed to so act or to a person not required to be licensed by sections 72B.01 to 
16.5 	72B.14; and it shall be unlawful for any person to act as an independent adjuster, or
16.6 	 a public adjuster or a public adjuster solicitor, who is not duly licensed, or excluded 
16.7 	from the licensing requirement.

16.8 	Sec. 18. Minnesota Statutes 2012, section 72B.041, subdivision 1, is amended to read:
16.9 		Subdivision 1.Application. (a) An individual applying for a resident adjuster 
16.10 	license must make application to the commissioner on the appropriate National 
16.11 	Association of Insurance Commissioners (NAIC) Uniform Individual Application in 
16.12 	a format prescribed by the commissioner and declare under penalty of suspension, 
16.13 	revocation, or refusal of the license that the statements made in the application are true, 
16.14 	correct, and complete to the best of the individual's knowledge and belief. Before 
16.15 	approving the application, the commissioner must find that the individual:
16.16 	(1) is at least 18 years of age;
16.17 	(2) is eligible to designate this state as the individual's home state;
16.18 	(3) is trustworthy, reliable, and of good reputation, evidence of which must be 
16.19 	determined by the commissioner;
16.20 	(4) has not committed any act that is a ground for probation, suspension, revocation, 
16.21 	or refusal of an adjuster's license as set forth in section 72B.08;
16.22 	(5) has successfully passed the examination for the lines of authority for which 
16.23 	the individual has applied; and
16.24 	(6) has paid the fees set forth in subdivision 9.
16.25 	An applicant for licensing as a public adjuster solicitor under sections 72B.01 to 
16.26 	72B.14 must be at least 18 years of age, must be competent and trustworthy, and must not 
16.27 	have been engaged in any practice which would be grounds for suspension or revocation 
16.28 	of a license under sections 72B.01 to 72B.14 within the three years next preceding the 
16.29 	date of the application.
16.30 	In the case of any applicant who has been convicted of a felony within the ten years 
16.31 	next preceding the date of the application, and who in the judgment of the commissioner, 
16.32 	meets the other qualifications, the commissioner may impose the additional requirement of 
16.33 	the filing of a bond in accordance with the requirements of section 72B.08, subdivision 8.
16.34 	(b) A business entity applying for a resident adjuster license must make application 
16.35 	to the commissioner on the appropriate NAIC Uniform Business Entity Application 
17.1 	in a format prescribed by the commissioner and declare under penalty of suspension, 
17.2 	revocation, or refusal of the license that the statements made in the application are true, 
17.3 	correct, and complete to the best of the business entity's knowledge and belief. Before 
17.4 	approving the application, the commissioner shall find that the business entity:
17.5 	(1) is eligible to designate this state as its home state;
17.6 	(2) has designated a licensed independent or public adjuster responsible for the 
17.7 	business entity's compliance with the insurance laws, rules, and regulations of this state;
17.8 	(3) has not committed an act that is a ground for probation, suspension, revocation, 
17.9 	or refusal of an adjuster's license as set forth in section 72B.08; and
17.10 	(4) has paid the fees set forth in subdivision 9.
17.11 	(c) No resident of Canada may be licensed under this section or may designate 
17.12 	Minnesota as the applicant's home state, unless the applicant has successfully passed 
17.13 	the adjuster examination and has complied with the other applicable provisions of this 
17.14 	section, except that such applicant shall not be subject to paragraph (a), clause (2), and 
17.15 	section 270C.72, subdivision 4.

17.16 	Sec. 19. Minnesota Statutes 2012, section 72B.08, subdivision 1, is amended to read:
17.17 		Subdivision 1.Causes. The commissioner may place on probation, suspend, revoke, 
17.18 	or refuse to issue or renew an adjuster's license or temporary permit or may levy a civil 
17.19 	penalty according to section 45.027, subdivision 6, or any combination of the above 
17.20 	actions for any of the following causes:
17.21 	(1) failure to pass a required examination;
17.22 	(2) obtaining or attempting to obtain a license through misrepresentation or fraud 
17.23 	providing incorrect, misleading, incomplete, or materially untrue information in the 
17.24 	license application;
17.25 	(3) violating any insurance laws, rules, subpoena, or order of the commissioner or of 
17.26 	another state's insurance commissioner or any provision of sections 72B.01 to 72B.14;
17.27 	(4) improperly withholding, misappropriating, or converting any money or 
17.28 	properties received in the course of doing insurance business;
17.29 	(5) intentionally misrepresenting the terms of an actual or proposed insurance 
17.30 	contract or application for insurance, with intent to deceive, or engaging in, or attempting 
17.31 	to engage in, any fraudulent transaction with respect to a claim or loss that the licensee or 
17.32 	holder of a temporary permit is adjusting and, in the case of a public adjuster solicitor, 
17.33 	misrepresenting the services offered or the fees or commission to be charged;
17.34 	(6) conviction of a felony under the laws of this state, any other state, the United 
17.35 	States, or any foreign country;
18.1 	(7) the licensee or holder of a temporary permit has demonstrated incompetency or 
18.2 	untrustworthiness to act as an adjuster or public adjuster solicitor;
18.3 	(8) refusal to comply with any lawful order of the commissioner;
18.4 	(9) having admitted or been found to have committed any insurance unfair trade 
18.5 	practice or fraud;
18.6 	(10) using fraudulent, coercive, or dishonest practices, or demonstrating 
18.7 	incompetence, untrustworthiness, or financial irresponsibility, in the conduct of insurance 
18.8 	business in this state or elsewhere;
18.9 	(11) having an insurance license, or its equivalent, probated, suspended, revoked, or 
18.10 	refused in any other state, province, district, or territory;
18.11 	(12) forging another's name to any document related to an insurance transaction;
18.12 	(13) cheating, including improperly using notes or any other reference material, to 
18.13 	complete an examination for an insurance license;
18.14 	(14) failing to comply with an administrative or court order imposing a child support 
18.15 	obligation; or
18.16 	(15) failing to pay state income tax or comply with any administrative or court order 
18.17 	directing payment of state income tax which remains unpaid.

18.18 	Sec. 20. Minnesota Statutes 2012, section 82.60, subdivision 1, is amended to read:
18.19 		Subdivision 1.Prelicense education. Prelicense education for a real estate 
18.20 	salesperson must consist of Course I, Course II, and Course III as described in this 
18.21 	section a curriculum as prescribed and published by the commissioner from time to 
18.22 	time. Prelicense education for a real estate broker must consist of the broker course as 
18.23 	described in this section.

18.24 	Sec. 21. Minnesota Statutes 2012, section 82.60, subdivision 5, is amended to read:
18.25 		Subd. 5.Broker course. The required course for real estate brokers must consist 
18.26 	of the subject hours in paragraphs (a) to (j) a curriculum as prescribed and published 
18.27 	by the commissioner from time to time.
18.28 	(a) Broker Licensing Requirements, three hours:
18.29 	(1) ownership and operational forms; and
18.30 	(2) Minnesota license law review.
18.31 	(b) Trust Account Requirements, two hours:
18.32 	(1) opening the trust account;
18.33 	(2) deposit requirements; and
18.34 	(3) trust account records.
19.1 	(c) Agency, five hours:
19.2 	(1) current statutes and agency law; and
19.3 	(2) statutory addenda and disclosures.
19.4 	(d) Antidiscrimination, three hours:
19.5 	(1) federal fair housing;
19.6 	(2) Americans with Disabilities Act; and
19.7 	(3) Minnesota Human Rights Act.
19.8 	(e) Real Estate Principles Update, one hour:
19.9 	(1) land improvement, estates;
19.10 	(2) legal descriptions;
19.11 	(3) governmental rights; and
19.12 	(4) property taxation and special assessments.
19.13 	(f) Real Estate Sale, Lease, and Transfer, two hours:
19.14 	(1) purchase agreement and addenda;
19.15 	(2) lease types and terms;
19.16 	(3) deed types and clauses; and
19.17 	(4) contract for deed.
19.18 	(g) Financing and Valuation Update, three hours:
19.19 	(1) sources of financing;
19.20 	(2) foreclosure law;
19.21 	(3) principles of value; and
19.22 	(4) methods of valuation.
19.23 	(h) Broker's Role in Closing, three hours:
19.24 	(1) prorating;
19.25 	(2) closing statements;
19.26 	(3) closing documents; and
19.27 	(4) deposit requirements.
19.28 	(i) Income Taxation, three hours:
19.29 	(1) tax rules of home ownership;
19.30 	(2) investment tax issues; and
19.31 	(3) sale of personal residence.
19.32 	(j) Employment Laws and Insurance, three hours:
19.33 	(1) Fair Labor Standards Act;
19.34 	(2) tax laws, withholding, reports;
19.35 	(3) independent contractor vs. employee;
19.36 	(4) State and Federal Unemployment Tax Act; and
20.1 	(5) errors and omissions insurance.
20.2 	(k) Final Exam.

20.3 	Sec. 22. Minnesota Statutes 2012, section 82.63, subdivision 6, is amended to read:
20.4 		Subd. 6.Terminations; transfers. (a) Except as provided in paragraph (b), when a 
20.5 	salesperson terminates activity on behalf of a broker, the salesperson's license shall be 
20.6 	ineffective. Within ten days of the termination the broker shall notify the commissioner 
20.7 	in writing, and shall return to the commissioner the license of the salesperson the form 
20.8 	prescribed by the commissioner. The salesperson may apply for transfer of the license 
20.9 	to active status with another broker at any time during the remainder of the license 
20.10 	period, on forms provided by the commissioner. If the application for transfer qualifies, 
20.11 	the commissioner shall grant the application. Upon receipt of a transfer application and 
20.12 	payment of the transfer fee, the commissioner may issue a 45-day temporary license. If 
20.13 	an application for transfer is not made within the license period, the commissioner shall 
20.14 	require that an application for a new license be filed.
20.15 	(b) When a salesperson terminates activity on behalf of a broker in order to begin 
20.16 	association immediately with another broker, the commissioner shall permit the automatic 
20.17 	transfer of the salesperson's license. The transfer shall be effective either upon the mailing 
20.18 	of the required fee and the executed documents by certified mail or upon personal delivery 
20.19 	of the fee and documents to the commissioner's office. The commissioner may adopt rules 
20.20 	and prescribe forms as necessary to implement this paragraph.

20.21 	Sec. 23. Minnesota Statutes 2012, section 82A.03, is amended to read:
20.22 	82A.03 REGISTRATION REQUIREMENT.
20.23 	It is unlawful for any person to offer or sell a membership camping contract in this 
20.24 	state unless: without meeting the requirements of this chapter.
20.25 	(1) the membership camping contract is registered in accordance with the provisions 
20.26 	of this chapter; or
20.27 	(2) the membership camping contract or the transaction is exempted under section 
20.28 	82A.06.

20.29 	Sec. 24. Minnesota Statutes 2012, section 82A.09, subdivision 2, is amended to read:
20.30 		Subd. 2.Restrictions. No person shall publish or cause to be published in this state 
20.31 	any advertisement concerning any membership camping contract which is required to be 
20.32 	registered pursuant to this chapter, or which is exempt from registration under section 
20.33 	82A.06, subdivision 2, after the commissioner has found that the advertisement contains 
21.1 	any statement that is false or misleading, or omits to make any statement necessary in 
21.2 	order to make the statements made, in light of the circumstances under which they were 
21.3 	made, not misleading, and has so notified the person by written order. The order may be 
21.4 	issued without prior notice or hearing. Up to 30 days after the issuance of the order, the 
21.5 	person desiring to use the advertisement may in writing request a hearing on the order. 
21.6 	Upon receipt of a written request, the matter shall be set for hearing to commence within 
21.7 	15 days after the receipt unless the person making the request consents to a later date. 
21.8 	After the hearing, which shall be conducted in accordance with the provisions of chapter 
21.9 	14, the commissioner shall, by written order, either affirm, modify, or vacate the order.

21.10 	Sec. 25. Minnesota Statutes 2012, section 82A.10, is amended to read:
21.11 	82A.10 INSPECTION OF RECORDS.
21.12 	All records of a membership camping operator and broker and their agents pertaining 
21.13 	to the advertising or sale of membership camping contracts in this state shall be maintained 
21.14 	by the membership camping operator or broker at that person's principal place of business 
21.15 	and shall there be subject to inspection by the commissioner during normal business hours. 
21.16 	The commissioner shall be promptly notified of any change of address affecting the location 
21.17 	of the records of the membership camping operator or broker and that person's agents.

21.18 	Sec. 26. Minnesota Statutes 2012, section 82A.111, subdivision 2, is amended to read:
21.19 		Subd. 2.Membership camping dues. A membership camping operator or the 
21.20 	operator's salesperson shall deposit all membership dues received in an escrow account in a 
21.21 	Minnesota bank, trust company, or savings association, a foreign bank which authorizes the 
21.22 	commissioner to examine its records of these deposits upon demand by the commissioner, 
21.23 	or an industrial loan and thrift company organized under chapter 53 with deposit liabilities. 
21.24 	In any calendar year, total dues to be deposited in the escrow may not exceed an amount 
21.25 	approved by the commissioner as reasonably needed for that calendar year's maintenance 
21.26 	budget submitted by the operator. The operator may draw funds from the escrow as 
21.27 	needed provided that funds are expended for purposes identified by the budget.

21.28 	Sec. 27. Minnesota Statutes 2012, section 82A.12, subdivision 1, is amended to read:
21.29 		Subdivision 1.Generally. The commissioner may issue a cease and desist order 
21.30 	and may issue an order denying, suspending, or revoking any registration, amendment 
21.31 	renewal, or exemption if the commissioner finds any of the following:
22.1 	(1) that the membership camping operator or registrant or any controlling person 
22.2 	thereof has materially or intentionally violated or failed to comply with any provision of 
22.3 	this chapter or any rule or order of the commissioner;
22.4 	(2) that the offer or sale of the membership camping contract has constituted or 
22.5 	would constitute a material misrepresentation to purchasers, or has operated or would 
22.6 	operate as a fraud or deceit upon purchasers;
22.7 	(3) that the membership camping operator or registrant or any controlling person, 
22.8 	agent, or employee thereof, is engaging or about to engage in false, fraudulent, or deceptive 
22.9 	practices in connection with the offer and sale of a membership camping contract;
22.10 	(4) that the membership camping operator or registrant or any controlling person or 
22.11 	employee thereof, has engaged in any fraudulent or deceptive practice, whether or not in 
22.12 	connection with the offer and sale of membership camping contracts, and the involvement 
22.13 	of the person in the business of the membership camping operator or registrant creates a 
22.14 	substantial risk of harm to prospective purchasers;
22.15 	(5) that the financial condition of the membership camping operator materially 
22.16 	adversely affects, or would materially adversely affect, the ability of the membership 
22.17 	camping operator such that there is a reasonable likelihood that the membership camping 
22.18 	operator will not be able to substantially fulfill its obligations under the membership 
22.19 	camping contract, and no other financial security or assurance is provided by the 
22.20 	membership camping operator to fulfill the obligations;
22.21 	(6) that the membership camping operator's or registrant's enterprise or method of 
22.22 	business with respect to the operation of a campground in this state includes or would 
22.23 	include activities which are illegal or not in conformance with applicable statutes, 
22.24 	ordinances, or regulations of any governmental entity; and
22.25 	(7) that the membership camping operator or registrant or any controlling person 
22.26 	thereof has made material misrepresentations or concealed material facts in an application 
22.27 	for registration;
22.28 	(8) that any fee required by this chapter to be paid by the operator or registrant has 
22.29 	not been paid; and
22.30 	(9) (7) that the membership camping operator or controlling person, agent, or 
22.31 	employee thereof, has failed faithfully to perform any stipulation or agreement made with 
22.32 	the commissioner as an inducement to grant any registration, to reinstate any registration, 
22.33 	or to permit any disclosure statement; provided, however, that this clause shall not be 
22.34 	deemed to require any stipulations or agreements.

23.1 	Sec. 28. Minnesota Statutes 2013 Supplement, section 82A.13, subdivision 1, is 
23.2 	amended to read:
23.3 		Subdivision 1.Untrue statements filed in documents. No person shall make 
23.4 	or cause to be made any untrue statement of a material fact in an application or other 
23.5 	document filed with the commissioner under this chapter, or omit to state in the application 
23.6 	or other document any material fact which is required to be stated therein, or fail to notify 
23.7 	the commissioner of any material change as required by section 82A.07.

23.8 	Sec. 29. Minnesota Statutes 2012, section 82A.14, is amended to read:
23.9 	82A.14 UNFAIR PRACTICES.
23.10 	No membership camping operator shall:
23.11 	(1) sell or offer to sell any membership camping contract with respect to a 
23.12 	campground located in this state which is subject to a blanket encumbrance unless;
23.13 	(i) each person holding an interest in a blanket encumbrance shall have executed 
23.14 	and delivered a nondisturbance agreement and recorded the agreement in the real estate 
23.15 	records of the county in which the campground is located; or
23.16 	(ii) a bond or irrevocable letter of credit has been issued, or cash or a certified check in 
23.17 	an amount sufficient to cover payment of all amounts secured by the blanket encumbrance 
23.18 	has been deposited, in the name of the state for the benefit and protection of purchasers of 
23.19 	membership camping contracts and subject to terms as approved by the commissioner. 
23.20 	Any interest accruing on amounts held in the account shall be payable, as and when 
23.21 	earned, to the membership camping operator. Any bond shall be executed by an insurance 
23.22 	company authorized to do business in this state, which has sufficient net worth to satisfy 
23.23 	the indebtedness and which has given consent to be sued in this state. Any irrevocable 
23.24 	letter of credit shall be issued by a bank or savings association which has sufficient net 
23.25 	worth to satisfy the indebtedness and which has given its consent to be sued in this state. 
23.26 	The bond, cash, certified check, or irrevocable letter of credit shall be in an amount which 
23.27 	is not less than 110 percent of the remaining principal balance of every indebtedness or 
23.28 	obligation secured by a blanket encumbrance affecting the campground. The bond or 
23.29 	agreement accompanying the cash, certified check, or irrevocable bank letter of credit shall 
23.30 	provide for the payment of all amounts secured by the blanket encumbrance, including 
23.31 	costs, expenses, and legal fees of the lienholder, if for any reason the blanket encumbrance 
23.32 	is enforced. The bond, cash, certified check, or letter of credit may be reduced periodically 
23.33 	in proportion to the reductions in the amount secured by the blanket encumbrance; or
23.34 	(iii) the lender providing the major hypothecation loan to the membership camping 
23.35 	operator (the "hypothecation lender"), and having a lien on or security interest in the 
24.1 	membership camping operator's interest in the campground, shall have executed and 
24.2 	delivered a nondisturbance agreement and recorded the agreement in the real estate records 
24.3 	of the county in which the campground is located in this state. Each person holding an 
24.4 	interest in a blanket encumbrance superior to the interest held by the hypothecation lender 
24.5 	shall have executed, delivered, and recorded an instrument stating that the person shall 
24.6 	give the hypothecation lender notice of, and at least 30 days' opportunity to cure, any 
24.7 	default under the blanket encumbrance which entitles the person to foreclose upon the 
24.8 	campground. The instrument shall state that the notice and opportunity to cure shall be 
24.9 	given before the person commences any foreclosure action affecting the campground and 
24.10 	in accordance with the instrument. The hypothecation lender shall have guaranteed that 
24.11 	it will cure or arrange for the cure of the default. Any holder of a blanket encumbrance 
24.12 	inferior to the hypothecation lender who acquires the campground in foreclosure shall 
24.13 	take the campground subject to the hypothecation lender's nondisturbance agreement. 
24.14 	For purposes of this provision, a "hypothecation lender" is any lender extending a loan 
24.15 	or line of credit to a membership camping operator secured by all or substantially all 
24.16 	of the contract receivables arising from the membership camping operator's sale of 
24.17 	membership camping contracts in this state. For purposes of this provision, "lender" 
24.18 	means an insurance company or a federally or state chartered bank, savings association, 
24.19 	any other lending institution, the deposits of which are guaranteed or insured, by a federal 
24.20 	agency, or any other person which has sufficient net worth to pay the obligations pursuant 
24.21 	to this section if there are no reasonable grounds to believe that the lender will not be able 
24.22 	to pay these obligations in the future; or
24.23 	(iv) the operator can provide an alternative plan acceptable to the commissioner;
24.24 	(2) sell any campground which is located in this state and available for use by 
24.25 	purchasers, unless:
24.26 	(i) the membership camping operator sells the campground to a person who takes 
24.27 	the campground subject to all rights and interests of purchasers, and contractually agrees 
24.28 	not to compromise the rights and interests of purchasers in regard to future conveyances 
24.29 	of, or encumbrances placed on the campground;
24.30 	(ii) the membership camping operator immediately substitutes for the use of 
24.31 	purchasers another campground which is in the same general area and is at least as 
24.32 	desirable for the purpose of camping and outdoor recreation as the previous campground. 
24.33 	For purposes of this provision, "same general area" means a location within a 50-mile 
24.34 	radius of the previous campground; or
25.1 	(iii) the membership camping operator immediately substitutes for the use of 
25.2 	purchasers another campground and the substitution is approved by two-thirds of all 
25.3 	existing purchasers;
25.4 	(3) substitute any campground located in this state and available for use by 
25.5 	purchasers with a different campground, unless the substituted campground is in the same 
25.6 	general area and is at least as desirable for the purpose of camping and outdoor recreation 
25.7 	as the previous campground. For purposes of this provision, "same general area" means a 
25.8 	location within a 50-mile radius of the previous campground;
25.9 	(4) sell membership camping contracts with respect to any campground located 
25.10 	in this state that is not owned by the membership camping operator or leased by the 
25.11 	membership camping operator for a lease term at least equal to the term of the membership 
25.12 	camping contract with respect to the campground;
25.13 	(5) fail to disclose the circumstances, if any, under which any reciprocal program 
25.14 	that has been offered as an inducement to purchasers may be terminated;
25.15 	(6) materially modify any campground rules or regulations or modify purchasers' 
25.16 	rights to or the scope and nature of an amenity in a manner which significantly degrades or 
25.17 	diminishes the material rights of any purchaser without prior notice to purchasers resident 
25.18 	in this state; or materially adversely modify any material campground rules or regulations 
25.19 	or materially adversely modify purchaser's rights to or the scope and nature of an amenity 
25.20 	in a manner which the purchaser proves:
25.21 	(i) significantly degrades or diminishes any material rights of that purchaser; and
25.22 	(ii) has no compensating benefit to any other purchaser or groups of purchasers;
25.23 	(7) terminate or provide for termination of a membership camping contract, except 
25.24 	for good cause. "Good cause" shall mean failure of the purchaser to substantially or 
25.25 	consistently comply with reasonable requirements imposed by the membership camping 
25.26 	contract and campground rules and regulations;
25.27 	(8) terminate a membership camping contract without first giving written notice 
25.28 	setting forth all reasons for the termination to the purchaser at least 30 days prior to the 
25.29 	termination becoming effective;
25.30 	(9) increase a purchaser's membership dues after the sale of a contract in such 
25.31 	a manner as to result in an increase thereof greater than whichever of the following 
25.32 	increases is higher:
25.33 	(i) the actual increase in costs of services or improvements for which the membership 
25.34 	dues are imposed; or
25.35 	(ii) the increase in the United States city average Consumer Price Index for all 
25.36 	urban consumers issued by the United States Bureau of Labor Statistics or such other 
26.1 	federally prepared Consumer Price Index or Wage Earner Index as reasonably selected 
26.2 	by the operator in its discretion;
26.3 	(10) require purchaser to certify the absence of any misrepresentation or other 
26.4 	violation of this chapter provided, however, that a purchaser's acknowledgment of receipt 
26.5 	of a copy of the membership camping contract shall not be deemed to constitute such 
26.6 	a certification;
26.7 	(11) require the purchaser to waive the right to assert against the membership 
26.8 	camping operator or any assignee any claim or defense the purchaser may have against the 
26.9 	membership camping operator under the membership camping contract; or
26.10 	(12) materially and repeatedly fail to maintain a campground in this state in the 
26.11 	manner contractually agreed upon.

26.12 	Sec. 30. Minnesota Statutes 2012, section 82A.22, subdivision 2, is amended to read:
26.13 		Subd. 2.Appointment of commissioner. When any person, including any 
26.14 	nonresident of this state, engages in conduct prohibited or made actionable by this chapter, 
26.15 	or any rule or order thereunder, and the person has not filed a consent to service of process 
26.16 	under subdivision 1 and personal jurisdiction over this person cannot otherwise be obtained 
26.17 	in this state, that conduct shall be considered equivalent to the person's appointment of 
26.18 	the commissioner or the commissioner's successor to be the person's attorney to receive 
26.19 	service of any lawful process in any noncriminal suit, action, or proceeding against the 
26.20 	person which grows out of that conduct and which is brought under this chapter or any rule 
26.21 	or order thereunder, with the same force and validity as if served on the person personally. 
26.22 	Service under this section shall be made in compliance with section 45.028, subdivision 2.

26.23 	Sec. 31. Minnesota Statutes 2012, section 82A.25, is amended to read:
26.24 	82A.25 CRIMINAL PENALTIES.
26.25 	Any person who willfully violates section 82A.03 by offering or selling unregistered, 
26.26 	nonexempt membership camping contracts or section 82A.13 or any order of the 
26.27 	commissioner pursuant thereto of which that person has notice, may be fined not more 
26.28 	than $5,000 or imprisoned not more than five years or both. Each of the acts specified 
26.29 	shall constitute a separate offense and a prosecution or conviction for any one of the 
26.30 	offenses shall not bar prosecution or conviction for any other offense.

26.31 	Sec. 32. Minnesota Statutes 2012, section 82A.26, is amended to read:
26.32 	82A.26 NONAPPLICABILITY OF CERTAIN LAW.
27.1 	Membership camping contracts registered pursuant to this chapter are exempt 
27.2 	from the provisions of chapter 83. To the extent that licensed salespersons and licensed 
27.3 	brokers engage in the offer or sale of membership camping contracts, those brokers and 
27.4 	salespersons are exempt from the licensing requirements of chapter 82.

27.5 	Sec. 33. Minnesota Statutes 2012, section 83.26, subdivision 2, is amended to read:
27.6 		Subd. 2.Generally; transactions. Unless the method of offer or sale is adopted 
27.7 	for the purpose of evasion of sections 83.20 to 83.42, 83.43 and 83.44, the following 
27.8 	transactions are exempt from sections 83.23, 83.24, 83.25, 83.28, 83.29, and 83.30:
27.9 	(a) the offer or sale of an interest in subdivided land by an owner, other than the 
27.10 	subdivider, acting as principal in a single or isolated transaction;
27.11 	(b) the offer or sale of all of the subdivided lands within a subdivision in a single 
27.12 	transaction to any person;
27.13 	(c) the offer or sale of subdivided land pursuant to an order of competent jurisdiction, 
27.14 	other than a court of bankruptcy;
27.15 	(d) the offer or sale of subdivided land consisting of not more than ten separate lots, 
27.16 	units, parcels, or interests in the aggregate, provided that no subdivider may make an 
27.17 	offer or sale of subdivided land pursuant to this exemption more than once during any 
27.18 	period of 12 consecutive months;
27.19 	(e) the offer or sale of subdivided lands which have been registered under section 
27.20 	83.23, subdivision 2, if there are no more than ten separate lots, units, parcels, or interests 
27.21 	remaining to be sold and no material change has occurred in the information on file with 
27.22 	the commissioner;
27.23 	(f) the offer and sale of subdivided land located within the corporate limits of a 
27.24 	municipality as defined in section 462.352, subdivision 2, which municipality has adopted 
27.25 	subdivision regulations as defined in section 462.352, except those lands described in 
27.26 	section 83.20, subdivision 13;
27.27 	(g) the offer and sale of apartments or condominium units as defined in chapters 515 
27.28 	and 515A, and units in common interest communities as defined in chapter 515B;
27.29 	(h) the offer and sale of subdivided lands used primarily for agricultural purposes 
27.30 	provided each parcel is at least ten acres in size;
27.31 	(i) the offer or sale of improved lots if:
27.32 	(1) the subdivider has filed with the commissioner, no later than ten business days 
27.33 	prior to the date of the first sale, a written notice of its intention to offer or sell improved 
27.34 	lots, which notice shall be accompanied by a fee of $50, together with a copy of the public 
28.1 	offering statement accepted by the situs state and the standard purchase agreement which 
28.2 	documents are required to be supplied by the subdivider to the purchaser; and
28.3 	(2) the subdivider deposits all downpayments in an escrow account until all 
28.4 	obligations of the subdivider to the purchaser, which are pursuant to the terms of the 
28.5 	purchase agreement to be performed prior to the closing, have been performed. The 
28.6 	subdivider shall provide the purchaser with a purchase receipt for the downpayment paid, 
28.7 	a copy of the escrow agreement and the name, address, and telephone number of the 
28.8 	escrow agent. The escrow agent shall be a bank located in Minnesota. All downpayments 
28.9 	shall be deposited in the escrow account within two business days after receipt; and
28.10 	(j) the offer of sale of subdivided lands by a subdivider that has been granted 
28.11 	an exemption from registration by the federal Department of Housing and Urban 
28.12 	Development under the multiple site subdivision exemption, if the subdivider provides a 
28.13 	written notice of the offer of sale to the commissioner before any offers or sale commence.
28.14 	The written notice must include the name of the subdivision, the county and state 
28.15 	in which the subdivision is located, and the number of lots in the subdivision, and a 
28.16 	notarized affidavit that all proposed improvements have been completed and the costs of 
28.17 	all the improvements have been fully paid, or that the cost of any uncompleted road 
28.18 	construction or survey expenses are covered by a bond or escrow account payable to the 
28.19 	entities responsible for providing or completing the roads or surveys. The escrow account 
28.20 	must be with an independent escrow agent.
28.21 	The subdivider must also provide to the commissioner a copy of the federal Housing 
28.22 	and Urban Development exemption order and the most recent annual confirmation letter 
28.23 	which indicates that the order is still in effect.
28.24 	If the closing services are provided by the subdivider or an affiliate of the subdivider, 
28.25 	purchasers must manually initial in the Housing and Urban Development Lot Information 
28.26 	Statement both the disclosure on all the liens, reservations, taxes, assessments, easements, 
28.27 	and restrictions applicable to the lot purchased and the disclosure on the risks of not 
28.28 	obtaining clear title.
28.29 	The commissioner may, by rule or order, suspend, revoke, or further condition the 
28.30 	exemptions contained in clauses (f), (g), (h), (i), and (j), or may require such further 
28.31 	information as may be necessary for the protection of purchasers.
28.32 	The commissioner may by rule or order suspend, revoke, or further condition 
28.33 	the exemptions contained in clauses (f), (g), (h), and (i) or may require such further 
28.34 	information as may be necessary for the protection of purchasers.

28.35 	Sec. 34. Minnesota Statutes 2012, section 83.30, subdivision 1, is amended to read:
29.1 		Subdivision 1.Form; due date. During the period a registration is effective, the 
29.2 	subdivider shall file an annual report in a format the commissioner may by rule prescribe
29.3 	 for subdivisions under section 83.23, subdivision 3. Subdividers under section 83.23, 
29.4 	subdivision 2, shall not be required to file the annual report form except by order of the 
29.5 	commissioner but are required to submit the fee under section 83.30, subdivision 2. The 
29.6 	report must include a financial statement of the subdivider's most recent fiscal year, 
29.7 	prepared by an accountant and certified by the subdivider. An audited financial statement 
29.8 	shall not be required. Every annual report shall be due by the 120th day following the end of 
29.9 	the subdivider's fiscal year, unless extended in writing by the commissioner for good cause.

29.10 	Sec. 35. Minnesota Statutes 2013 Supplement, section 237.036, is amended to read:
29.11 	237.036 COIN-OPERATED OR PUBLIC PAY TELEPHONES.
29.12 	(a) Neither commission approval nor a commission certificate is required to:
29.13 	(1) site a coin-operated or public pay telephone in the state; or
29.14 	(2) implement changes in service, services offered, rates, or location regarding a 
29.15 	coin-operated or public pay telephone. Registration under section 237.64 is required to 
29.16 	own or operate a coin-operated or public pay telephone in the state.
29.17 	(b) This section does not change the authority of other state or local government 
29.18 	entities to regulate aspects of coin-operated or public pay telephone ownership, location, 
29.19 	or operation; however, an entity may not regulate aspects of these services that it did not 
29.20 	regulate prior to May 26, 1999. The commission shall retain the authority delegated to 
29.21 	it under federal and state law to protect the public interest with regard to coin-operated 
29.22 	or public pay telephones.
29.23 	(c) Owners and operators of coin-operated or public pay telephones are exempt from 
29.24 	sections 237.06, 237.07, 237.075, 237.09, 237.23, 237.295, and 237.39 and the annual 
29.25 	reporting requirement of section 237.11.
29.26 	(d) Owners of coin-operated or public pay telephones shall:
29.27 	(1) provide immediate coin-free access, to the extent technically feasible, to 911 
29.28 	emergency service or to another approved emergency service; and
29.29 	(2) provide free access to the telecommunications relay service for people with 
29.30 	communication disabilities.
29.31 	(e) Owners of coin-operated or public pay telephones must post at each coin-operated 
29.32 	or public pay telephone location:
29.33 	(1) customer service and complaint information, including the name, address, and 
29.34 	telephone number of the owner of the coin-operated or public pay telephone and the 
29.35 	operator service handling calls from the coin-operated or public pay telephone; a toll-free 
30.1 	number of the appropriate telephone company for the resolution of complaints; and the 
30.2 	toll-free number of the public utilities commission; and
30.3 	(2) a toll-free number at which consumers can obtain pricing information regarding 
30.4 	rates, charges, terms, and conditions of local and long-distance calls.

30.5 	Sec. 36. Minnesota Statutes 2012, section 237.04, is amended to read:
30.6 	237.04 WIRE CROSSING OR PARALLELING UTILITY LINE; RULES.
30.7 	(a) The department shall determine and promulgate reasonable rules covering the 
30.8 	maintenance and operation, also the nature, location, and character of the construction to 
30.9 	be used, where telephone, telegraph, electric light, power, or other electric wires of any 
30.10 	kind, or any natural gas pipelines, cross, or more or less parallel the lines of any railroad, 
30.11 	or any other similar public service corporation; and, to this end, shall formulate and from 
30.12 	time to time, issue general rules covering each class of construction, maintenance, and 
30.13 	operation of such telephone, telegraph, telecommunications, cable, fiber optic, electric 
30.14 	wire, or natural gas pipeline crossing, or paralleling, under the various conditions existing; 
30.15 	and the department, upon the complaint of any person, railroad, municipal utility, 
30.16 	cooperative electric association, telephone company, telecommunications carrier, cable 
30.17 	company, fiber optic carrier, or other public utility claiming to be injuriously affected or 
30.18 	subjected to hazard by any such crossing or paralleling of the lines of any railroad or other 
30.19 	similar public service corporation, constructed or about to be constructed, shall, after a 
30.20 	hearing, make such order and prescribe such terms and conditions for the construction, 
30.21 	maintenance, and operation of the lines in question as may be just and reasonable.
30.22 	(b) The department may, upon request of any municipal utility, electric cooperative 
30.23 	association, public utility, telephone company, telecommunications carrier, cable 
30.24 	company, or fiber optic carrier determine the just and reasonable charge which a railroad, 
30.25 	or owner of an abandoned railroad right-of-way, other than the state or a regional railroad 
30.26 	authority, can prescribe for a new or existing crossing of a railroad right-of-way by any 
30.27 	telephone, telegraph, telecommunications, cable, fiber optic, electric, or gas line, or new 
30.28 	or existing telephone, telegraph, telecommunications, cable, fiber optic, electric, or gas 
30.29 	line more or less paralleling a railroad right-of-way, based on the diminution in value 
30.30 	caused by the crossing or paralleling of the right-of-way by the telephone, telegraph, 
30.31 	telecommunications, cable, fiber optic, electric, or gas line. This section shall not be 
30.32 	construed to eliminate the right of a public utility, municipal utility, or electric cooperative 
30.33 	association to have any of the foregoing issues determined pursuant to an eminent domain 
30.34 	proceeding commenced under chapter 117. Unless the railroad, or owner of an abandoned 
30.35 	railroad right-of-way, other than the state or a regional railroad authority, asserts in writing 
31.1 	that the proposed crossing or paralleling is a serious threat to the safe operations of the 
31.2 	railroad or to the current use of the railroad right-of-way, a crossing can be constructed 
31.3 	following filing of the requested action with the department, pending review of the 
31.4 	requested action by the department.
31.5 	(c) The department shall assess the cost of reviewing the requested action, and of 
31.6 	determining a just and reasonable charge, equally among the parties.
31.7 	(d) For the purposes of this section, "parallel" or "paralleling" means that the 
31.8 	relevant utility facilities run adjacent to and alongside the lines of a railroad for no more 
31.9 	than one mile, or another distance agreed to by the parties, before the utility facilities cross 
31.10 	the railroad lines, terminate, or exit the railroad right-of-way.

31.11 	Sec. 37. Minnesota Statutes 2012, section 237.14, is amended to read:
31.12 	237.14 RATE FOR SERVICE TO OFFICER.
31.13 	A telephone company may furnish service free or at reduced rates to its officers, 
31.14 	agents, or employees in furtherance of their employment, but it shall charge full schedule 
31.15 	rates without discrimination for all other services. Nothing herein shall release any 
31.16 	telephone company from carrying out any contract now existing between it and any 
31.17 	municipality for the furnishing of any service free or at reduced rates. Any contract for 
31.18 	telephone service, at discriminatory rates, other than those with municipalities, shall be 
31.19 	terminated by the company as soon as the same becomes terminable by its terms.

31.20 	Sec. 38. Minnesota Statutes 2012, section 237.16, subdivision 8, is amended to read:
31.21 		Subd. 8.Rules. (a) Before August 1, 1997, The commission shall adopt rules 
31.22 	applicable to all telephone companies and telecommunications carriers required to obtain 
31.23 	or having obtained a certificate for provision of telephone service using any existing 
31.24 	federal standards as minimum standards and incorporating any additional standards 
31.25 	or requirements necessary to ensure the provision of high-quality telephone services 
31.26 	throughout the state. The rules must, at a minimum:
31.27 	(1) define procedures for competitive entry and exit;
31.28 	(2) require the provisions of equal access and interconnection with the company's 
31.29 	network and other features, functions, and services which the commission considers 
31.30 	necessary to promote fair and reasonable competition;
31.31 	(3) require unbundling of network services and functions to at least the level required 
31.32 	by existing federal standards;
31.33 	(4) prescribe, if necessary, methods of reciprocal compensation between telephone 
31.34 	companies;
32.1 	(5) provide for local telephone number portability;
32.2 	(6) prescribe appropriate regulatory standards for new local telephone service 
32.3 	providers, that facilitate and support the development of competitive services;
32.4 	(7) protect against cross-subsidization, unfair competition, and other practices 
32.5 	harmful to promoting fair and reasonable competition;
32.6 	(8) prescribe methods for the preservation of universal and affordable local 
32.7 	telephone services;
32.8 	(9) prescribe standards for quality of service;
32.9 	(10) provide for the continued provision of local emergency telephone services 
32.10 	under chapter 403; and
32.11 	(11) protect residential and commercial customers from unauthorized changes in 
32.12 	service providers in a competitively neutral manner.
32.13 	(b) Before January 1, 1998, in a separate rulemaking, The commission shall adopt 
32.14 	separate rules regarding the issues described in paragraph (a), clauses (1) to (11), as may 
32.15 	be appropriate to provision of competitive local telephone service in areas served by 
32.16 	telephone companies with less than 50,000 subscribers originally certified to provide local 
32.17 	telephone services before January 1, 1988.

32.18 	Sec. 39. Minnesota Statutes 2013 Supplement, section 237.16, subdivision 9, is 
32.19 	amended to read:
32.20 		Subd. 9.Universal service fund. The commission shall establish and require 
32.21 	contributions to a universal service fund, to be supported by all providers of telephone 
32.22 	services, whether or not they are telephone companies under section 237.01, including, but 
32.23 	not limited to, local telephone companies, independent telephone companies, cooperative 
32.24 	telephone companies, municipal telephone companies, telecommunications carriers, 
32.25 	radio common carriers, personal communication service providers, and cellular carriers. 
32.26 	Services that should be considered for inclusion as universal include, at a minimum, 
32.27 	single-party service including access, usage and touch-tone capability; line quality 
32.28 	capable of carrying facsimile and data transmissions; equal access; emergency services 
32.29 	number capability; statewide telecommunications relay service for people with hearing 
32.30 	loss; and blocking of long-distance toll services. The fund must be administered and 
32.31 	distributed in accordance with rules adopted by the commission and designed to preserve 
32.32 	the availability of universal service throughout the state. Any state universal service fund 
32.33 	must be coordinated with any federal universal service fund and be consistent with section 
32.34 	254(b)(1) to (5) of the federal Telecommunications Act of 1996, Public Law 104-104. The 
32.35 	department shall make recommendations to the legislature by January 1, 1996, regarding a 
33.1 	plan for contributions to and expenditures from the universal service fund. In particular, 
33.2 	the department shall address the following issues:
33.3 	(1) what additional services should be included in the basic set of essential telephone 
33.4 	services which the state should encourage in its mandate to ensure universal service;
33.5 	(2) whether and how expenditures from the fund should be used to ensure citizens 
33.6 	access to local government and other public access programming; and
33.7 	(3) whether expenditures from the fund should be used to encourage construction 
33.8 	of infrastructure for, and access to, advanced services, especially in high-cost areas of 
33.9 	the state, and, if the commission determines the fund should be used for this purpose, a 
33.10 	plan to accomplish these goals.

33.11 	Sec. 40. Minnesota Statutes 2012, section 237.16, subdivision 12, is amended to read:
33.12 		Subd. 12.Extension of interexchange facility. In order to promote the 
33.13 	development of competitive interexchange services and facilities, any interexchange 
33.14 	facility that is owned by a certified telephone company, independent telephone company, 
33.15 	telecommunications carrier or an affiliate and that is used to provide service to customers 
33.16 	located in areas for which it has been previously certified to provide service may be 
33.17 	extended to meet and interconnect with the facility of another telephone company, small 
33.18 	telephone company, or telecommunications carrier, whether at a point inside or outside 
33.19 	of its territories, without further proceeding, order, or determination of current or future 
33.20 	public convenience and necessity, upon mutual consent with the other telephone company, 
33.21 	small telephone company, or telecommunications carrier whose facilities will be met and 
33.22 	interconnected. Written notice of the extension and interconnection must be provided to 
33.23 	the Public Utilities Commission and Department of Public Safety within 30 days after 
33.24 	completion. The written notice must be served on all incumbent local exchange companies 
33.25 	certified before January 1, 1988, in all areas where the facilities are located.

33.26 	Sec. 41. Minnesota Statutes 2012, section 237.164, is amended to read:
33.27 	237.164 UNIVERSAL SERVICE DISCOUNT FOR SCHOOL OR LIBRARY.
33.28 	The commission shall establish intrastate service discounts for schools and libraries 
33.29 	by order to the extent and within the time frame necessary to enable schools and libraries 
33.30 	to begin receiving receive federally supported discounts at the earliest date permitted by 
33.31 	the Federal Communications Commission.

33.32 	Sec. 42. Minnesota Statutes 2012, section 237.17, is amended to read:
33.33 	237.17 EXTENSION OF LONG-DISTANCE LINE.
34.1 	Any telephone company may extend its long-distance lines into or through any city 
34.2 	of this state for the furnishing of long-distance service only, subject to the regulation of 
34.3 	the governing body of such city relative to the location of the poles and wires and the 
34.4 	preservation of the safe and convenient use of such streets and alleys to the public sections 
34.5 	237.162 and 237.163.

34.6 	Sec. 43. Minnesota Statutes 2012, section 237.30, is amended to read:
34.7 	237.30 TELEPHONE INVESTIGATION FUND; APPROPRIATION.
34.8 	The sum of $25,000 is hereby appropriated out of any moneys in the state treasury 
34.9 	not otherwise appropriated, to establish and provide a revolving fund to be known as the
34.10 	A Minnesota Telephone Investigation Fund shall exist for the use of the Department of 
34.11 	Commerce and of the attorney general in investigations, valuations, and revaluations 
34.12 	under section 237.295. All sums paid by the telephone companies to reimburse the 
34.13 	department for its expenses pursuant to section 237.295 shall be credited to the revolving 
34.14 	fund and shall be deposited in a separate bank account and not commingled with any other 
34.15 	state funds or moneys, but any balance in excess of $25,000 in the revolving fund at the 
34.16 	end of each fiscal year shall be paid into the state treasury and credited to the general fund. 
34.17 	The sum of $25,000 herein appropriated and All subsequent credits to said revolving fund 
34.18 	shall be paid upon the warrant of the commissioner of management and budget upon 
34.19 	application of the department or of the attorney general to an aggregate amount of not 
34.20 	more than one-half of such sums to each of them, which proportion shall be constantly 
34.21 	maintained in all credits and withdrawals from the revolving fund.

34.22 	Sec. 44. Minnesota Statutes 2012, section 237.46, is amended to read:
34.23 	237.46 GROSS MISDEMEANOR VIOLATION.
34.24 	Any telephone company or telecommunications carrier and, if it be a corporation, 
34.25 	the officers thereof, violating any provisions of sections 237.01 to 237.27, this chapter
34.26 	 shall be guilty of a gross misdemeanor.

34.27 	Sec. 45. Minnesota Statutes 2012, section 237.491, is amended to read:
34.28 	237.491 COMBINED PER NUMBER FEE.
34.29 		Subdivision 1.Definitions. (a) The definitions in this subdivision apply to this 
34.30 	section.
34.31 	(b) "911 emergency and public safety communications program" means the program 
34.32 	governed by chapter 403.
35.1 	(c) "Minnesota telephone number" means a ten-digit telephone number being used 
35.2 	to connect to the public switched telephone network and starting with area code 218, 320, 
35.3 	507, 612, 651, 763, or 952, or any subsequent area code assigned to this state.
35.4 	(d) "Service provider" means a provider doing business in this state who provides 
35.5 	real-time, two-way voice service with a Minnesota telephone number.
35.6 	(e) "Telecommunications access Minnesota program" means the program governed 
35.7 	by sections 237.50 to 237.55.
35.8 	(f) "Telephone assistance program" means the program governed by sections 237.69
35.9 	to 237.711 237.71.
35.10 		Subd. 2.Per number fee. (a) By January 15, 2006, the commissioner of commerce 
35.11 	shall report to the legislature and to the senate Committee on Jobs, Energy and Community 
35.12 	Development and the house of representatives Committee on Regulated Industries, 
35.13 	recommendations for the amount of and method for assessing a fee that would apply to 
35.14 	each service provider based upon the number of Minnesota telephone numbers in use by 
35.15 	current customers of the service provider.Annually, the commission shall set the fee 
35.16 	would be set at a level calculated to generate only the amount of revenue necessary to fund:
35.17 	(1) the telephone assistance program and the telecommunications access Minnesota 
35.18 	program at the levels established by the commission under sections 237.52, subdivision 
35.19 	2, and 237.70; and
35.20 	(2) the 911 emergency and public safety communications program at the levels 
35.21 	appropriated by law to the commissioner of public safety and the commissioner of 
35.22 	management and budget for purposes of sections 403.11, 403.113, 403.27, 403.30, and 
35.23 	403.31 for each fiscal year.
35.24 	(b) The recommendations must include any changes to Minnesota Statutes necessary 
35.25 	to establish the procedures whereby each service provider, to the extent allowed under 
35.26 	federal law, would collect and remit the fee proceeds to the commissioner of revenue. The 
35.27 	commissioner of revenue would allocate the fee proceeds to the three funding areas in 
35.28 	paragraph (a) and credit the allocations to the appropriate accounts.
35.29 	(c) The recommendations must be designed to allow the combined per telephone 
35.30 	number fee to be collected beginning July 1, 2006. The per access line fee used to collect 
35.31 	revenues to support the TAP, TAM, and 911 programs remains in effect until the statutory 
35.32 	changes necessary to implement the per telephone number fee have been enacted into 
35.33 	law and taken effect.
35.34 	(d) As part of the process of developing the recommendations and preparing the 
35.35 	report to the legislature required under paragraph (a), the commissioner of commerce 
35.36 	must, at a minimum, consult regularly with the Departments of Public Safety, Management 
36.1 	and Budget, and Administration, the Public Utilities Commission, service providers, 
36.2 	the chairs and ranking minority members of the senate and house of representatives 
36.3 	committees, subcommittees, and divisions having jurisdiction over telecommunications 
36.4 	and public safety, and other affected parties.

36.5 	Sec. 46. Minnesota Statutes 2012, section 237.69, subdivision 1, is amended to read:
36.6 		Subdivision 1.Scope. The terms used in sections 237.69 to 237.711 237.71 have 
36.7 	the meanings given them in this section.

36.8 	Sec. 47. Minnesota Statutes 2012, section 237.69, subdivision 15, is amended to read:
36.9 		Subd. 15.Income. For purposes of sections 237.69 to 237.711 237.71, "income" 
36.10 	has the meaning given it in section 290A.03, subdivision 3.

36.11 	Sec. 48. Minnesota Statutes 2012, section 237.69, subdivision 16, is amended to read:
36.12 		Subd. 16.Telephone assistance plan. "Telephone assistance plan" means the plan 
36.13 	to be adopted by the commission and to be jointly administered by the commission, the 
36.14 	Department of Human Services, and the telephone companies, as required by sections 
36.15 	237.69 to 237.711 237.71.

36.16 	Sec. 49. Minnesota Statutes 2012, section 237.71, is amended to read:
36.17 	237.71 TAP RULES.
36.18 	The commission shall adopt rules under the Administrative Procedure Act necessary 
36.19 	or appropriate to establish administer the telephone assistance plan in accordance with 
36.20 	this chapter so that the telephone assistance plan is effective as of January 1, 1988, or as 
36.21 	soon after that date as Federal Communications Commission approval of the telephone 
36.22 	assistance plan is obtained.

36.23 	Sec. 50. Minnesota Statutes 2012, section 239.011, subdivision 2, is amended to read:
36.24 		Subd. 2.Duties and powers. To carry out the responsibilities in section 239.01
36.25 	and subdivision 1, the director:
36.26 	(1) shall take charge of, keep, and maintain in good order the standard of weights 
36.27 	and measures of the state and keep a seal so formed as to impress, when appropriate, the 
36.28 	letters "MINN" and the date of sealing upon the weights and measures that are sealed;
36.29 	(2) has general supervision of the weights, measures, and weighing and measuring 
36.30 	devices offered for sale, sold, or in use in the state;
37.1 	(3) shall maintain traceability of the state standards to the national standards of the 
37.2 	National Institute of Standards and Technology;
37.3 	(4) shall enforce this chapter;
37.4 	(5) shall grant variances from department rules, within the limits set by rule, when 
37.5 	appropriate to maintain good commercial practices or when enforcement of the rules 
37.6 	would cause undue hardship;
37.7 	(6) shall conduct investigations to ensure compliance with this chapter;
37.8 	(7) may delegate to division personnel the responsibilities, duties, and powers 
37.9 	contained in this section;
37.10 	(8) shall test annually, and approve when found to be correct, the standards of 
37.11 	weights and measures used by the division, by a town, statutory or home rule charter city, 
37.12 	or county within the state, or by a person using standards to repair, adjust, or calibrate 
37.13 	commercial weights and measures;
37.14 	(9) shall inspect and test weights and measures kept, offered, or exposed for sale;
37.15 	(10) shall inspect and test, to ascertain if they are correct, weights and measures 
37.16 	commercially used to:
37.17 	(i) determine the weight, measure, or count of commodities or things sold, offered, 
37.18 	or exposed for sale, on the basis of weight, measure, or count; and
37.19 	(ii) compute the basic charge or payment for services rendered on the basis of 
37.20 	weight, measure, or count;
37.21 	(11) shall approve for use and mark weights and measures that are found to be correct;
37.22 	(12) shall reject, and mark as rejected, weights and measures that are found to be 
37.23 	incorrect and may seize them if those weights and measures:
37.24 	(i) are not corrected within the time specified by the director;
37.25 	(ii) are used or disposed of in a manner not specifically authorized by the director; or
37.26 	(iii) are found to be both incorrect and not capable of being made correct, in which 
37.27 	case the director shall condemn those weights and measures;
37.28 	(13) shall weigh, measure, or inspect packaged commodities kept, offered, or exposed 
37.29 	for sale, sold, or in the process of delivery, to determine whether they contain the amount 
37.30 	represented and whether they are kept, offered, or exposed for sale in accordance with 
37.31 	this chapter and department rules. In carrying out this section, the director must employ 
37.32 	recognized sampling procedures, such as those contained in National Institute of Standards 
37.33 	and Technology Handbook 133, "Checking the Net Contents of Packaged Goods";
37.34 	(14) shall prescribe the appropriate term or unit of weight or measure to be used for 
37.35 	a specific commodity when an existing term or declaration of quantity does not facilitate 
37.36 	value comparisons by consumers, or creates an opportunity for consumer confusion;
38.1 	(15) shall allow reasonable variations from the stated quantity of contents, including 
38.2 	variations caused by loss or gain of moisture during the course of good distribution 
38.3 	practice or by unavoidable deviations in good manufacturing practice, only after the 
38.4 	commodity has entered commerce within the state;
38.5 	(16) shall inspect and test petroleum products in accordance with this chapter and 
38.6 	chapter 296A;
38.7 	(17) shall distribute and post notices for used motor oil and used motor oil filters and 
38.8 	lead acid battery recycling in accordance with sections 239.54, 325E.11, and 325E.115;
38.9 	(18) shall collect inspection fees in accordance with sections 239.10 and 239.101; and
38.10 	(19) (18) shall provide metrological services and support to businesses and 
38.11 	individuals in the United States who wish to market products and services in the member 
38.12 	nations of the European Economic Community, and other nations outside of the United 
38.13 	States by:
38.14 	(i) meeting, to the extent practicable, the measurement quality assurance standards 
38.15 	described in the International Standards Organization ISO 17025;
38.16 	(ii) maintaining, to the extent practicable, certification of the metrology laboratory 
38.17 	by an internationally accepted accrediting body such as the National Voluntary Laboratory 
38.18 	Accreditation Program (NVLAP); and
38.19 	(iii) providing calibration and consultation services to metrology laboratories in 
38.20 	government and private industry in the United States.

38.21 	Sec. 51. Minnesota Statutes 2012, section 239.06, is amended to read:
38.22 	239.06 RULES.
38.23 	The department shall prescribe and adopt such rules as it may deem necessary to 
38.24 	carry out the provisions of this chapter, and it including but not limited to the adoption of 
38.25 	definitions of basic units of weights and measures, tables of weights and measures, and 
38.26 	weights and measures equivalents to govern weighing and measuring equipment and 
38.27 	transactions in Minnesota. The division may change, modify, or amend any or all rules 
38.28 	when deemed necessary and the rules so made shall have the force and effect of law.

38.29 	Sec. 52. Minnesota Statutes 2012, section 239.081, is amended to read:
38.30 	239.081 INSPECTING TRACK SCALE.
38.31 	The department division shall supervise and inspect all track scales, and may direct 
38.32 	any carrier to transport, move, and switch to any track scale free of charge any car used in 
38.33 	the inspection and testing of scales. The department division shall require the installation 
38.34 	and maintenance of track scales at terminals, warehouses, and at other points in the state 
39.1 	where scales are deemed necessary. The department division shall prescribe reasonable 
39.2 	rules for the weighing of railroad cars and of freight. Rules of the department promulgated 
39.3 	under chapter 218 and in effect on January 1, 1976, which pertain to installation or 
39.4 	inspection of track scales or the weighing of railroad cars and freight shall continue in 
39.5 	effect until amended or repealed by the department.

39.6 	Sec. 53. Minnesota Statutes 2012, section 239.09, is amended to read:
39.7 	239.09 SPECIAL POLICE POWERS.
39.8 	When necessary to enforce this chapter or rules adopted under the authority granted 
39.9 	by section 239.06, the director is:
39.10 	(1) authorized and empowered to arrest, without formal warrant, any violator of 
39.11 	sections 325E.11 and 325E.115 or of the statute in relation to weights and measures;
39.12 	(2) empowered to seize for use as evidence and without formal warrant, any false 
39.13 	weight, measure, weighing or measuring device, package, or commodity found to be used, 
39.14 	retained, or offered or exposed for sale or sold in violation of law;
39.15 	(3) (2) during normal business hours, authorized to enter commercial premises;
39.16 	(4) (3) if the premises are not open to the public, authorized to enter commercial 
39.17 	premises only after presenting credentials and obtaining consent or after obtaining a 
39.18 	search warrant;
39.19 	(5) (4) empowered to issue stop-use, hold, and removal orders with respect to 
39.20 	weights and measures commercially used, and packaged commodities or bulk commodities 
39.21 	kept, offered, or exposed for sale, that do not comply with the weights and measures laws;
39.22 	(6) (5) empowered, upon reasonable suspicion of a violation of the weights and 
39.23 	measures laws, to stop a commercial vehicle and, after presentation of credentials, inspect 
39.24 	the contents of the vehicle, require that the person in charge of the vehicle produce 
39.25 	documents concerning the contents, and require the person to proceed with the vehicle to 
39.26 	some specified place for inspection; and
39.27 	(7) (6) empowered, after written warning, to issue citations of not less than $100 and 
39.28 	not more than $500 to a person who violates any provision of this chapter, any provision 
39.29 	of the rules adopted under the authority contained in this chapter, or any provision of 
39.30 	statutes enforced by the Division of Weights and Measures.

39.31 	Sec. 54. Minnesota Statutes 2012, section 239.091, is amended to read:
39.32 	239.091 METHOD OF SALE.
40.1 	The method of sale for a commodity must provide an accurate and adequate quantity 
40.2 	of information that will allow the buyer to make price and quantity comparisons. The 
40.3 	department may adopt rules to administer this section.

40.4 	Sec. 55. Minnesota Statutes 2013 Supplement, section 239.101, subdivision 3, is 
40.5 	amended to read:
40.6 		Subd. 3.Petroleum inspection fee; appropriation, uses. (a) An inspection fee 
40.7 	is imposed (1) on petroleum products when received by the first licensed distributor, 
40.8 	and (2) on petroleum products received and held for sale or use by any person when the 
40.9 	petroleum products have not previously been received by a licensed distributor. The 
40.10 	petroleum inspection fee is $1 for every 1,000 gallons received. The commissioner of 
40.11 	revenue shall collect the fee. The revenue from 89 cents of the fee is appropriated to 
40.12 	the commissioner of commerce for the cost of operations of the Division of Weights 
40.13 	and Measures, and petroleum supply monitoring, and to make grants to providers of 
40.14 	low-income weatherization services to install renewable energy equipment in households 
40.15 	that are eligible for weatherization assistance under Minnesota's weatherization assistance 
40.16 	program state plan. The remainder of the fee must be deposited in the general fund.
40.17 	(b) The commissioner of revenue shall credit a person for inspection fees previously 
40.18 	paid in error or for any material exported or sold for export from the state upon filing of a 
40.19 	report as prescribed by the commissioner of revenue.
40.20 	(c) The commissioner of revenue may collect the inspection fee along with any 
40.21 	taxes due under chapter 296A.

40.22 	Sec. 56. Minnesota Statutes 2012, section 239.44, is amended to read:
40.23 	239.44 MISDEMEANOR VIOLATION.
40.24 	Whoever in selling gives a lower number or, in buying shall take any, takes a  greater 
40.25 	number of pounds or cubic feet to the bushel, barrel, ton, or cord, as the case may be, than 
40.26 	is allowed and provided in sections 239.28 to 239.36 239.32 and 239.33, or in selling, 
40.27 	shall give any less gives a lower number, shall be is guilty of a misdemeanor.

40.28 	Sec. 57. Minnesota Statutes 2012, section 239.46, is amended to read:
40.29 	239.46 FINES CREDITED TO SCHOOL FUNDS.
40.30 	All fines collected under the provisions of sections 239.28 to 239.38 239.32 and 
40.31 	239.33 shall be paid to the county treasurer for the benefit of the school fund of the county 
40.32 	where the action is brought.

41.1 	Sec. 58. Minnesota Statutes 2012, section 239.75, subdivision 1, is amended to read:
41.2 		Subdivision 1.Inspection requirements; blending exemptions. The director shall:
41.3 	(1) take samples, free of charge, of petroleum products wherever processed, blended, 
41.4 	held, stored, imported, transferred, offered for sale or use, or sold in Minnesota, limiting 
41.5 	each sample to one-half gallon;
41.6 	(2) inspect and test petroleum product samples according to the methods of ASTM 
41.7 	or other valid test methods adopted by rule, to determine whether the products comply 
41.8 	with the specifications in section 239.761;
41.9 	(3) inspect petroleum product storage tanks to ensure that the products are free 
41.10 	from water and impurities;
41.11 	(4) (3) inspect and test samples submitted to the department by a licensed distributor, 
41.12 	making the test results available to the distributor;
41.13 	(5) (4) inspect the labeling, price posting, and price advertising of petroleum product 
41.14 	dispensers and advertising signs at businesses or locations where petroleum products are 
41.15 	sold, offered for sale or use, or dispensed into motor vehicles;
41.16 	(6) (5) maintain records of all inspections and tests according to the records retention 
41.17 	policies of the Department of Administration;
41.18 	(7) delegate to division personnel, at the director's discretion, any or all of the 
41.19 	responsibilities, duties, and powers in sections 239.75 to 239.80;
41.20 	(8) (6) publish test data and information to assist persons who use, produce, 
41.21 	distribute, or sell petroleum-based heating and engine fuels;
41.22 	(9) (7) audit the records of any person responsible for the product to determine 
41.23 	compliance with sections 239.75 to 239.792;
41.24 	(10) (8) after consulting with the commissioner, grant a temporary exemption from 
41.25 	the gasoline-ethanol blending requirements in section 239.791 if the supply of ethanol is 
41.26 	insufficient to produce gasoline-ethanol blends;
41.27 	(11) (9) after consulting with the commissioner, grant a temporary exemption from 
41.28 	the diesel-biodiesel blending requirements in section 239.77, if the supply of biodiesel is 
41.29 	insufficient to produce diesel-biodiesel blends; and
41.30 	(12) (10) adopt, as an enforcement policy for the division, reasonable margins of 
41.31 	uncertainty for the tests used to determine compliance with the specifications in section 
41.32 	239.761, the oxygen percentages in section 239.791, and the octane requirements in 
41.33 	section 239.792 and apply the margins of uncertainty to only tests performed by the 
41.34 	division, not by adding the margins to uncertainties in tests performed by any person 
41.35 	responsible for the product.

42.1 	Sec. 59. Minnesota Statutes 2012, section 239.753, is amended to read:
42.2 	239.753 ENTRY UPON PREMISES AND ACCESS TO RECORDS.
42.3 	(a) The director, or a delegated employee of the department, may enter the premises 
42.4 	of a person who processes, holds, stores, imports, transfers, offers for sale or use, or 
42.5 	sells petroleum products in Minnesota to:
42.6 	(1) inspect the product in storage tanks and take samples from the storage tanks and 
42.7 	dispensing equipment connected to the storage tanks;
42.8 	(2) inspect petroleum product dispensers and related signs and equipment, 
42.9 	advertising signs, price displays, oxygenate labels, and octane labels; and
42.10 	(3) audit and make copies of petroleum product shipping, receiving, and invoice 
42.11 	documents and records to determine compliance with sections 239.75 to 239.792.
42.12 	(b) The director shall limit inspection to information and data relating to product 
42.13 	quantity, quality, oxygen biofuel content, and octane. The director shall maintain the 
42.14 	confidentiality of certain records as required by section 239.791.

42.15 	Sec. 60. Minnesota Statutes 2012, section 239.80, subdivision 1, is amended to read:
42.16 		Subdivision 1.Violations; enforcement actions of department; Waiver. (a) The 
42.17 	director, or any delegated employee shall use the methods in section 239.75 to enforce 
42.18 	sections 239.10; 239.101, subdivision 3; 239.761; 239.77; 239.79; 239.791; and 239.792.
42.19 	(b) The director or any delegated employee may waive a penalty for a violation 
42.20 	under section 239.77 or 239.791 on a retailer when ethanol or biodiesel are not available 
42.21 	at a pipeline or refinery to meet the blending requirements of this chapter, and the terminal 
42.22 	has had ethanol or biodiesel blended products available to the licensed distributor for 20 of 
42.23 	the previous 30 days. The director or delegated employee shall use the reports required 
42.24 	in section 239.754 or other available information in making a determination under this 
42.25 	paragraph. The commissioner shall work with the commissioner of agriculture, biodiesel 
42.26 	producers, ethanol producers, pipeline operators, and terminal operators, to ensure that 
42.27 	biodiesel and ethanol are available for blending at pipeline and refinery terminals where 
42.28 	diesel fuel and gasoline are sold and destined for use in Minnesota.

42.29 	Sec. 61. Minnesota Statutes 2012, section 270B.14, subdivision 1, is amended to read:
42.30 		Subdivision 1.Disclosure to commissioner of human services. (a) On the request 
42.31 	of the commissioner of human services, the commissioner shall disclose return information 
42.32 	regarding taxes imposed by chapter 290, and claims for refunds under chapter 290A, to 
42.33 	the extent provided in paragraph (b) and for the purposes set forth in paragraph (c).
43.1 	(b) Data that may be disclosed are limited to data relating to the identity, 
43.2 	whereabouts, employment, income, and property of a person owing or alleged to be owing 
43.3 	an obligation of child support.
43.4 	(c) The commissioner of human services may request data only for the purposes of 
43.5 	carrying out the child support enforcement program and to assist in the location of parents 
43.6 	who have, or appear to have, deserted their children. Data received may be used only 
43.7 	as set forth in section 256.978.
43.8 	(d) The commissioner shall provide the records and information necessary to 
43.9 	administer the supplemental housing allowance to the commissioner of human services.
43.10 	(e) At the request of the commissioner of human services, the commissioner of 
43.11 	revenue shall electronically match the Social Security numbers and names of participants 
43.12 	in the telephone assistance plan operated under sections 237.69 to 237.711 237.71, with 
43.13 	those of property tax refund filers, and determine whether each participant's household 
43.14 	income is within the eligibility standards for the telephone assistance plan.
43.15 	(f) The commissioner may provide records and information collected under sections 
43.16 	295.50 to 295.59 to the commissioner of human services for purposes of the Medicaid 
43.17 	Voluntary Contribution and Provider-Specific Tax Amendments of 1991, Public Law 
43.18 	102-234. Upon the written agreement by the United States Department of Health and 
43.19 	Human Services to maintain the confidentiality of the data, the commissioner may provide 
43.20 	records and information collected under sections 295.50 to 295.59 to the Centers for 
43.21 	Medicare and Medicaid Services section of the United States Department of Health and 
43.22 	Human Services for purposes of meeting federal reporting requirements.
43.23 	(g) The commissioner may provide records and information to the commissioner of 
43.24 	human services as necessary to administer the early refund of refundable tax credits.
43.25 	(h) The commissioner may disclose information to the commissioner of human 
43.26 	services necessary to verify income for eligibility and premium payment under the 
43.27 	MinnesotaCare program, under section 256L.05, subdivision 2.
43.28 	(i) The commissioner may disclose information to the commissioner of human 
43.29 	services necessary to verify whether applicants or recipients for the Minnesota family 
43.30 	investment program, general assistance, food support, Minnesota supplemental aid 
43.31 	program, and child care assistance have claimed refundable tax credits under chapter 290 
43.32 	and the property tax refund under chapter 290A, and the amounts of the credits.
43.33 	(j) The commissioner may disclose information to the commissioner of human 
43.34 	services necessary to verify income for purposes of calculating parental contribution 
43.35 	amounts under section 252.27, subdivision 2a.

44.1 	Sec. 62. Minnesota Statutes 2012, section 332.33, subdivision 5, is amended to read:
44.2 		Subd. 5.Collection agency license issuance. Every application for a collection 
44.3 	agency license or renewal shall be acted upon promptly by the commissioner but in no 
44.4 	event more than 45 days after receipt of the application. Each applicant may be issued a 
44.5 	temporary license after submitting a complete application which meets all requirements 
44.6 	for licensure. This license shall be effective until a permanent license is issued by the 
44.7 	commissioner. If the application complies in form and substance with sections 332.31 
44.8 	to 332.45 and the rules adopted under those sections and the commissioner finds that 
44.9 	the applicant is qualified under sections 332.31 to 332.45, the commissioner shall issue 
44.10 	a license immediately. If the application is not sufficient in form or substance, the 
44.11 	commissioner shall reject it and notify the applicant of the manner in which it is deficient. 
44.12 	The rejection is without prejudice to the filing of a new application. On finding that the an
44.13 	 applicant for a collection agency license is not qualified under sections 332.31 to 332.45, 
44.14 	the commissioner shall reject the application and shall give the applicant written notice of 
44.15 	the rejection and the reasons for the rejection.

44.16 	Sec. 63. Minnesota Statutes 2012, section 332.33, subdivision 5a, is amended to read:
44.17 		Subd. 5a.Individual collector registration. A licensed collection agency, on behalf 
44.18 	of an individual collector, must register with the state all individuals in the collection 
44.19 	agency's employ who are performing the duties of a collector as defined in sections 332.31
44.20 	to 332.45. The collection agency must apply for an individual collection registration on in
44.21 	 a form provided prescribed by the commissioner, or electronically when available. The 
44.22 	collection agency shall verify on the form that the applicant has confirmed that the applicant 
44.23 	meets the requirements to perform the duties of a collector as defined in sections 332.31 to 
44.24 	332.45. Upon submission of the form application to the department, the individual may 
44.25 	begin to perform the duties of a collector and may continue to do so unless the licensed 
44.26 	collection agency is informed by the commissioner that the individual is ineligible.

44.27 	Sec. 64. Minnesota Statutes 2012, section 332.33, subdivision 7, is amended to read:
44.28 		Subd. 7.Changes; notice to commissioner. (a) A licensed collection agency must 
44.29 	give the commissioner written notice of a change in company name, address, or ownership 
44.30 	not later than 15 ten days after the change occurs. A registered individual collector must 
44.31 	give written notice of a change of address, name, or assumed name no later than 30 ten
44.32 	 days after the change occurs.
44.33 	(b) Upon the death of any collection agency licensee, the license of the decedent 
44.34 	may be transferred to the executor or administrator of the estate for the unexpired term of 
45.1 	the license. The executor or administrator may be authorized to continue or discontinue 
45.2 	the collection business of the decedent under the direction of the court having jurisdiction 
45.3 	of the probate.

45.4 	Sec. 65.  REPEALER.
 45.5 		Subdivision 1.Statutory repeals (a) Minnesota Statutes 2012, sections 45.0111; 
45.6 	45.25, subdivision 4; 45.42, subdivision 1; 46.045, subdivision 2; 46.046, subdivisions 3 
45.7 	and 4; 46.047; 46.23, subdivision 3; 47.61, subdivision 2; 48.34; 48.92, subdivisions 4 
45.8 	and 5; 53.07; 53A.081; 56.001, subdivisions 4, 5, and 6; 60A.02, subdivision 2; 60A.078; 
45.9 	60A.18; 61A.05; 61A.09, subdivision 4; 61A.11; 61A.16; 61A.17; 61A.18; 62A.319; 
45.10 	62B.07, subdivision 8; 72B.02, subdivision 8; 80C.30; 81A.01; 81A.02, subdivision 5; 
45.11 	81A.08; 81A.18; 82.60, subdivisions 2, 3, and 4; 82.63, subdivisions 7, 9, and 10; 82A.04; 
45.12 	82A.07; 82A.08; 82A.11, subdivision 2; 82A.111, subdivision 5; 82A.13, subdivision 3; 
45.13 	82A.18, subdivision 3; 82A.22, subdivisions 1 and 3; 82A.24, subdivision 5; 82B.021; 
45.14 	115C.01; 115C.111; 237.068; 237.16, subdivisions 10, 11, and 13; 237.18; 237.33; 237.34; 
45.15 	237.35; 237.36; 237.37; 237.38; 237.39; 237.40; 237.44; 237.45; 237.47; 237.67; 237.711; 
45.16 	and 237.80, subdivision 1; 239.001; 239.002; 239.003; 239.012; 239.051, subdivision 7; 
45.17 	239.101, subdivision 4; 239.28; 239.29; 239.30; 239.31; 239.35; 239.36; 239.51; 239.511; 
45.18 	239.53; 239.54; 239.80, subdivisions 2 and 3; 332.45; 386.61, subdivisions 1, 2, and 
45.19 	4; and 609B.109, are repealed.
45.20 	(b) Minnesota Statutes 2013 Supplement, sections 82.63, subdivision 8; and 82A.06, 
45.21 	subdivision 2, are repealed.
45.22 		Subd. 2.Administrative rules repeals. Minnesota Rules, parts 2782.0200; 
45.23 	2782.0300; 2782.0400; 2782.0500; 2782.0600; 2782.0700; 2782.0800; 2795.2000; 
45.24 	2830.0010; 2830.0020; 2830.0030; 2830.0040; 2830.0050; 2830.0060; 2830.0070; 
45.25 	2830.0080; 2830.0090; 2830.0100; 2870.0100; 2870.1100; 2870.1200; 2870.1400; 
45.26 	2870.1700; 2870.1800; 2870.1900; 2870.2000; 2870.2100; 2870.2200; 2870.2300; 
45.27 	2870.3100; 2870.3200; 2870.3300; 2870.3400; 2870.3500; 2870.3600; 2870.3700; 
45.28 	2870.3800; 2870.3900; 2870.4000; 2870.4100; 2870.5100; 7601.7010; 7601.7090, 
45.29 	subpart 3; 7601.8000; and 7602.0100, are repealed.

45.30 	ARTICLE 2
45.31 	CONFORMING CHANGES

45.32 	Section 1. Minnesota Statutes 2012, section 16D.04, subdivision 1, is amended to read:
45.33 		Subdivision 1.Duties. The commissioner shall provide services to the state 
45.34 	and referring agencies to collect debts referred for collection under this chapter. The 
46.1 	commissioner is not a collection agency as defined by section 332.31, subdivision 3, and 
46.2 	is not licensed, bonded, or regulated by the commissioner of commerce under sections 
46.3 	332.31 to 332.35 or 332.38 to 332.45 332.44. The commissioner is subject to section 
46.4 	332.37, except clause (9), (10), (12), or (19). Debts referred to the commissioner for 
46.5 	collection under section 256.9792 may in turn be referred by the commissioner to the 
46.6 	enterprise. An audited financial statement may not be required as a condition of debt 
46.7 	placement with a private agency if the private agency: (1) has errors and omissions 
46.8 	coverage under a professional liability policy in an amount of at least $1,000,000; or (2) 
46.9 	has a fidelity bond to cover actions of its employees, in an amount of at least $100,000. In 
46.10 	cases of debts referred under section 256.9792, the provisions of this chapter and section 
46.11 	256.9792 apply to the extent they are not in conflict. If they are in conflict, the provisions 
46.12 	of section 256.9792 control. For purposes of this chapter, the referring agency for such 
46.13 	debts remains the Department of Human Services.

46.14 	Sec. 2. Minnesota Statutes 2012, section 16D.04, subdivision 4, is amended to read:
46.15 		Subd. 4.Authority to contract. The commissioners of revenue and management 
46.16 	and budget may contract with credit bureaus, private collection agencies, and other 
46.17 	entities as necessary for the collection of debts. A private collection agency acting under 
46.18 	a contract with the commissioner of revenue or management and budget is subject to 
46.19 	sections 332.31 to 332.45 332.44, except that the private collection agency may indicate 
46.20 	that it is acting under a contract with the state. The commissioner may not delegate the 
46.21 	powers provided under section 16D.08 to any nongovernmental entity.

46.22 	Sec. 3. Minnesota Statutes 2012, section 45.0111, subdivision 2, is amended to read:
46.23 		Subd. 2.Nonapplication. A temporary license as described in this section may not 
46.24 	be issued to an applicant for licensure as a:
46.25 	(1) currency exchange regulated under chapter 53A;
46.26 	(2) collection agency regulated under sections 332.31 to 332.45 332.44;
46.27 	(3) credit service organization regulated under sections 332.52 to 332.60; or
46.28 	(4) broker-dealer, investment advisor, or agent regulated under chapter 80A.

46.29 	Sec. 4. Minnesota Statutes 2012, section 47.78, is amended to read:
46.30 	47.78 CONTRACTS TO PROVIDE SERVICES.
46.31 	(a) Notwithstanding any other law to the contrary, a financial institution, the 
46.32 	"customer institution," may contract with another financial institution, the "service 
46.33 	institution," to grant the service institution the authority to render services to the customer 
47.1 	institution's depositors, borrowers or other customers, provided notice of the proposed 
47.2 	contract is given to the commissioner and the commissioner does not object to the contract 
47.3 	within 30 days of the notice.
47.4 	(b) For purposes of this section: "Financial institution" means a national banking 
47.5 	association, federal savings association, or federal credit union having its main office in 
47.6 	this state, or a bank, savings bank, savings association, or credit union established and 
47.7 	operating under the laws of this state; and "services" means accepting and receiving 
47.8 	deposits, honoring and paying withdrawals, issuing money orders, cashiers' checks, and 
47.9 	travelers' checks or similar instruments, cashing checks or drafts, receiving loan payments, 
47.10 	receiving or delivering cash and instruments and securities, disbursing loan proceeds by 
47.11 	machine, and any other transactions authorized by section 47.63.
47.12 	The term also includes a bank subsidiary of a bank holding company or affiliated 
47.13 	savings association to the extent agency activities are permitted under section 18 of the 
47.14 	Federal Deposit Insurance Act, United States Code, title 12, section 1828, as amended, 
47.15 	effective September 29, 1995, and title I, Riegle-Neal Interstate Banking and Branching 
47.16 	Efficiency Act of 1994.
47.17 	(c) A contract entered into pursuant to this section may include authority to conduct 
47.18 	transactions at or through any principal office, branch, or detached facility of either 
47.19 	financial institution which is a party to the contract, and the service institution is not 
47.20 	considered a branch of the customer institution for purposes of section 48.34.

47.21 	Sec. 5. Minnesota Statutes 2012, section 48.93, subdivision 1, is amended to read:
47.22 		Subdivision 1.Application. An out-of-state bank holding company may, through a 
47.23 	purchase of stock or assets of a bank, or through a purchase of stock or assets of or merger 
47.24 	with a bank holding company, acquire control in an existing bank or banks whose home 
47.25 	state is Minnesota if it meets the conditions in this section, sections 46.047 and section 
47.26 	46.048 and it files an application in writing with the commissioner on forms provided by 
47.27 	the department. The commissioner, upon receipt of the application, shall act upon it in the 
47.28 	manner provided for in sections 46.047 andsection 46.048, except that the commissioner 
47.29 	may extend the 60-day period an additional 30 days if in the commissioner's judgment any 
47.30 	material information submitted is substantially inaccurate or the acquiring party has not 
47.31 	furnished all the information required by statute, rule, or the commissioner. Within three 
47.32 	days after making the decision to disapprove any proposed acquisition, the commissioner 
47.33 	shall notify the acquiring party in writing of the disapproval. The notice must provide a 
47.34 	statement of the basis for the disapproval.

48.1 	Sec. 6. Minnesota Statutes 2012, section 48.93, subdivision 3, is amended to read:
48.2 		Subd. 3.Criteria for approval. Except as otherwise provided by rule of the 
48.3 	department, an application filed pursuant to subdivision 1 must contain the information 
48.4 	required by sections 46.047 andsection 46.048.

48.5 	Sec. 7. Minnesota Statutes 2012, section 60A.0782, subdivision 1, is amended to read:
48.6 		Subdivision 1.Terms. For the purpose of sections 60A.078 60A.0782 to 60A.0789, 
48.7 	unless the context clearly indicates otherwise, the terms in this section have the meanings 
48.8 	given them.

48.9 	Sec. 8. Minnesota Statutes 2012, section 60A.0782, subdivision 2, is amended to read:
48.10 		Subd. 2.Act. "Act" means sections 60A.078 60A.0782 to 60A.0789.

48.11 	Sec. 9. Minnesota Statutes 2012, section 60A.0782, subdivision 5, is amended to read:
48.12 		Subd. 5.Legitimate settlement contracts. "Legitimate settlement contracts" 
48.13 	mean settlement contracts that comply with Minnesota law governing viatical settlement 
48.14 	contracts and that are not prohibited by section 60A.0785 or otherwise part of or in 
48.15 	furtherance of an act, practice, or arrangement that is prohibited by sections 60A.078
48.16 	 60A.0782 to 60A.0789.

48.17 	Sec. 10. Minnesota Statutes 2012, section 60A.0782, subdivision 11, is amended to read:
48.18 		Subd. 11.Settlement contract. (a) "Settlement contract" means an agreement 
48.19 	between a policyowner and another person establishing the terms under which 
48.20 	compensation or anything of value will be paid or which compensation or value is 
48.21 	less than the expected death benefit of the insurance policy, in return for the owner's 
48.22 	assignment, transfer, sale, devise, or bequest of the death benefit or ownership of any 
48.23 	portion of the policy. Settlement contract also includes:
48.24 	(1) the transfer for compensation or value of ownership or beneficial interest in a 
48.25 	trust or other entity that owns such a policy if the trust or other entity was formed or 
48.26 	availed of for the principal purpose of acquiring one or more policies, which policy insures 
48.27 	the life of an individual who is a resident of this state; and
48.28 	(2) a premium finance loan made for a policy by a lender to a policyowner on, 
48.29 	before, or after the date of issuance of the policy where:
48.30 	(i) the policyowner or the insured receives a guarantee of a future settlement value 
48.31 	of the policy; or
49.1 	(ii) the policyowner or the insured agrees to sell the policy or any portion of its death 
49.2 	benefit on any date following the issuance of the policy.
49.3 	(b) Settlement contract does not include:
49.4 	(1) a policy loan or accelerated death benefit made by the insurer under the policy's 
49.5 	terms;
49.6 	(2) loan proceeds that are used solely to pay premiums for the policy and loan-related 
49.7 	costs, including, without limitation, interest, arrangement fees, utilization fees and similar 
49.8 	fees, closing costs, legal fees and expenses, trustee fees and expenses, and third-party 
49.9 	collateral provider fees and expenses, including fees payable to letter of credit issuers;
49.10 	(3) a loan made by a bank or other licensed financial institution in which the lender 
49.11 	takes an interest in a policy solely to secure repayment of a loan or, if there is a default on 
49.12 	the loan and the policy is transferred, the transfer of such a policy by the lender, as long as 
49.13 	the default itself is not pursuant to an agreement or understanding with any other person 
49.14 	for the purpose of evading regulation under sections 60A.078 60A.0782 to 60A.0789;
49.15 	(4) an agreement in which all the parties are closely related to the insured by blood 
49.16 	or law or have a lawful substantial economic interest in the continued life, health, and 
49.17 	bodily safety of the person insured or are trusts established for the benefit of such parties;
49.18 	(5) any designation, consent, or agreement by an insured who is an employee or an 
49.19 	employer in connection with the purchase by the employer, or by a trust established by the 
49.20 	employer, of life insurance on the life of the employee;
49.21 	(6) a bona fide business succession planning arrangement:
49.22 	(i) between shareholders in a corporation or between a corporation and one or more 
49.23 	of its shareholders or one or more trusts established by its shareholders;
49.24 	(ii) between partners in a partnership or between a partnership and one or more of its 
49.25 	partners or one or more trusts established by its partner; or
49.26 	(iii) between members in a limited liability company or between a limited liability 
49.27 	company and one or more of its members or one or more trusts established by its 
49.28 	members; or
49.29 	(7) an agreement entered into by a service recipient, or a trust established by the 
49.30 	service recipient, and a service provider, or a trust established by the service provider, who 
49.31 	performs significant services for the service recipient's trade or business.

49.32 	Sec. 11. Minnesota Statutes 2012, section 60A.0783, subdivision 2, is amended to read:
49.33 		Subd. 2.What constitutes an insurable interest. Insurable interest, with reference 
49.34 	to insurance on the life of another, includes only the following interests.
50.1 	(a) An individual has an insurable interest in the life of another person to whom 
50.2 	the individual is closely related by blood or by law and in whom the individual has a 
50.3 	substantial interest engendered by love and affection.
50.4 	(b) An individual has an insurable interest in the life of another person if such 
50.5 	individual has a lawful and substantial interest in the continued life of the individual 
50.6 	insured, as distinguished from an interest that would arise only by or would be enhanced 
50.7 	in value by the death of the individual insured.
50.8 	(c) An individual party to a contract for the purchase or sale of an interest in any 
50.9 	business entity and, if applicable, a trust or the trustee of a trust of which the individual is 
50.10 	a settlor, has an insurable interest in the life of each other individual party to the contract, 
50.11 	but only for the purpose of carrying out the intent and purpose of the contract.
50.12 	(d) A trust, or the trustee of a trust, has an insurable interest in the life of an 
50.13 	individual insured under a life insurance policy owned by the trust, or the trustee of the 
50.14 	trust acting in a fiduciary capacity, if the insured is the settlor of the trust; an individual 
50.15 	closely related by blood or law to the settlor; or an individual in whom the settlor 
50.16 	otherwise has an insurable interest if, in each of the situations described in this paragraph, 
50.17 	the life insurance proceeds are primarily for the benefit of trust beneficiaries having an 
50.18 	insurable interest in the life of the insured and the trust is not used, directly or indirectly, 
50.19 	as part of or in furtherance of an act, practice, or arrangement that is otherwise prohibited 
50.20 	by sections 60A.078 60A.0782 to 60A.0789.
50.21 	(e) A guardian, trustee, or other fiduciary, acting in a fiduciary capacity, has an 
50.22 	insurable interest in the life of any person for whose benefit the fiduciary holds property, 
50.23 	and in the life of any other individual in whose life the person has an insurable interest so 
50.24 	long as the life insurance proceeds are used primarily for the benefit of persons having an 
50.25 	insurable interest in the life of the insured and the guardianship or fiduciary relationship 
50.26 	is not used, directly or indirectly, as part of or in furtherance of an act, practice, or 
50.27 	arrangement that is otherwise prohibited by sections 60A.078 60A.0782 to 60A.0789.
50.28 	(f) An organization in section 170(c) of the United States Internal Revenue Code 
50.29 	of 1986, as amended through December 31, 2008, has an insurable interest in the life of 
50.30 	any person who consents in writing to the organization's ownership or purchase of that 
50.31 	insurance.
50.32 	(g) A trustee, sponsor, or custodian of assets held in any plan governed by the 
50.33 	Employee Retirement Income Security Act of 1974, United States Code, title 29, section 
50.34 	1001, et seq., or in any other retirement or employee benefit plan, has an insurable interest 
50.35 	in the life of any participant in the plan provided consent is obtained in writing from the 
50.36 	participant before the insurance is purchased. An employer, trustee, sponsor, or custodian 
51.1 	may not retaliate or take adverse action against any participant who does not consent to 
51.2 	the issuance of insurance on the participant's life.
51.3 	(h) A business entity has an insurable interest in the life of any of the owners, 
51.4 	directors, officers, partners, and managers of the business entity or any affiliate or 
51.5 	subsidiary of the business entity, or key employees or key persons of the business entity 
51.6 	or affiliate or subsidiary, provided consent is obtained in writing from key employees or 
51.7 	persons before the insurance is purchased. The business entity or affiliate or subsidiary 
51.8 	may not retaliate or take adverse action against any key employee or person who does 
51.9 	not consent to the issuance of insurance on the key employee or key person's life. For 
51.10 	purposes of this subdivision, a "key employee" or "key person" means an individual 
51.11 	whose position or compensation is described in section 101(j)(2)(A)(ii) of the Internal 
51.12 	Revenue Code of 1986, as amended through December 31, 2008.
51.13 	(i) A financial institution or other person to whom a debt is owed, whether for the 
51.14 	purposes of premium financing or otherwise, has an insurable interest in the life of the 
51.15 	borrower limited to the amount of debt owed plus reasonable interest and service charges.

51.16 	Sec. 12. Minnesota Statutes 2012, section 60A.0783, subdivision 3, is amended to read:
51.17 		Subd. 3.Insured's own life. An individual has an insurable interest in the 
51.18 	individual's own life and an individual of competent legal capacity that procures or 
51.19 	effects a policy on the individual's own life may designate any person as the beneficiary, 
51.20 	provided the policy is not part of or in furtherance of an act, practice, or arrangement that 
51.21 	is otherwise prohibited by sections 60A.078 60A.0782 to 60A.0789.

51.22 	Sec. 13. Minnesota Statutes 2012, section 60A.0785, subdivision 3, is amended to read:
51.23 		Subd. 3.Legitimate insurance transactions. Nothing in sections 60A.078
51.24 	 60A.0782 to 60A.0789 prevents:
51.25 	(1) any policyowner, whether or not the policyowner is also the subject of the 
51.26 	insurance, from entering into a legitimate settlement contract;
51.27 	(2) any person from soliciting a person to enter into a legitimate settlement contract;
51.28 	(3) a person from enforcing the payment of proceeds from the interest obtained 
51.29 	under a legitimate settlement contract; or
51.30 	(4) the assignment, sale, transfer, devise, or bequest with respect to the death benefit 
51.31 	or ownership of any portion of a policy, provided the assignment, sale, transfer, devise, or 
51.32 	bequest is connected to a legitimate settlement contract and not part of or in furtherance 
51.33 	of STOLI practices.

52.1 	Sec. 14. Minnesota Statutes 2012, section 60A.0787, subdivision 4, is amended to read:
52.2 		Subd. 4.Fraternal benefit societies. Nothing in sections 60A.078 60A.0782 to 
52.3 	60A.0789 shall prohibit a fraternal benefit society regulated under chapter 64B from 
52.4 	enforcing the terms of its bylaws or rules regarding permitted beneficiaries and owners.

52.5 	Sec. 15. Minnesota Statutes 2012, section 60A.0788, subdivision 2, is amended to read:
52.6 		Subd. 2.List of fraudulent acts. All of the following acts are fraudulent when 
52.7 	committed by a person who, with intent to defraud and for the purpose of depriving 
52.8 	another of property or for pecuniary gain, commits, or permits any of its employees or its 
52.9 	agents to commit them:
52.10 	(1) failing to disclose to the insurer where the insurer has requested such disclosure 
52.11 	that the prospective insured has undergone a life expectancy evaluation;
52.12 	(2) misrepresenting a person's state of residence or facilitating the change of the state 
52.13 	in which a person resides for the express purpose of evading or avoiding the provisions of 
52.14 	sections 60A.078 60A.0782 to 60A.0789;
52.15 	(3) presenting, causing to be presented, or preparing with knowledge or belief that it 
52.16 	will be presented to an insurer any false material information, or concealing any material 
52.17 	information, as part of, in support of, or concerning a fact material to one or more of 
52.18 	the following:
52.19 	(i) a questionnaire as provided for under section 60A.0787; or
52.20 	(ii) any other documents or communications, whether written or verbal, which are 
52.21 	intended to detect STOLI practices or demonstrate compliance with sections 60A.078
52.22 	 60A.0782 to 60A.0789;
52.23 	(4) encouraging the insured, policyowner, or owner of a beneficial interest in the 
52.24 	policy to falsely state that the circumstances described in section 60A.0785 are not 
52.25 	present or aiding in the preparation or execution of documents designed to create the false 
52.26 	impression that those circumstances are not present; and
52.27 	(5) failing to request or to provide the broker certification required by section 
52.28 	60A.0785, subdivision 2, or falsely certifying that the life expectancy evaluation in section 
52.29 	60A.0785, subdivision 2, was not shared with any other person prior to the issuance of 
52.30 	the policy for the purpose of determining the actual or potential value of the policy in the 
52.31 	secondary market.

52.32 	Sec. 16. Minnesota Statutes 2012, section 60A.0789, subdivision 1, is amended to read:
52.33 		Subdivision 1.Actions to recover death benefits. (a) If the beneficiary, assignee, or 
52.34 	other payee receives the death benefits under a life insurance policy initiated by STOLI 
53.1 	practices or a policy procured or effected in violation of section 60A.0783 or section 
53.2 	60A.0785, the personal representative of the insured's estate or other lawfully acting agent 
53.3 	may maintain an action to recover such benefits from the person receiving them.
53.4 	(b) Where a person receives the death benefit as a result of a nonwillful violation 
53.5 	of sections 60A.078 60A.0782 to 60A.0789, the court may limit the recovery to unjust 
53.6 	enrichment, calculated as the benefits received plus interest from the date of receipt, 
53.7 	less premiums paid under the policy by the recipient and any consideration paid by the 
53.8 	recipient to the insured in connection with the policy.
53.9 	(c) Where a person receives the death benefits as the result of a willful violation of 
53.10 	sections 60A.078 60A.0782 to 60A.0789, the court may, in addition to actual damages, 
53.11 	order the defendant or defendants to pay exemplary damages in an amount up to two times 
53.12 	the death benefits. A pattern of violations of sections 60A.078 60A.0782 to 60A.0789 and 
53.13 	conduct involving one or more fraudulent acts are evidence of willfulness. The exemplary 
53.14 	damages shall be paid to one or more governmental agencies charged with combating 
53.15 	consumer fraud, including the Department of Commerce.
53.16 	(d) The court may award reasonable attorney fees, together with costs and 
53.17 	disbursements, to any party that recovers damages in any action brought under this 
53.18 	subdivision.
53.19 	(e) An action under this subdivision must be brought within two years after the 
53.20 	death of the insured.

53.21 	Sec. 17. Minnesota Statutes 2012, section 60A.0789, subdivision 2, is amended to read:
53.22 		Subd. 2.Enforceability of contracts. Any contract, agreement, arrangement, or 
53.23 	transaction prohibited under sections 60A.078 60A.0782 to 60A.0789 is voidable.

53.24 	Sec. 18. Minnesota Statutes 2012, section 60A.0789, subdivision 4, is amended to read:
53.25 		Subd. 4.Effect on other law. Sections 60A.078 60A.0782 to 60A.0789 shall not:
53.26 	(1) preempt or limit other civil remedies, including, but not limited to, declaratory 
53.27 	judgments, injunctive relief, and interpleaders;
53.28 	(2) preempt the authority or relieve the duty of other law enforcement or regulatory 
53.29 	agencies to investigate, examine, and prosecute suspected violations of law;
53.30 	(3) limit the powers granted elsewhere by the laws of this state to the commissioner 
53.31 	or an insurance fraud unit or the attorney general to investigate and examine possible 
53.32 	violations of law and to take appropriate actions against wrongdoers; or
53.33 	(4) limit the power of this state to punish a person for conduct that constitutes a 
53.34 	crime under other laws of this state.

54.1 	Sec. 19. Minnesota Statutes 2012, section 81A.02, subdivision 1, is amended to read:
54.2 		Subdivision 1.Terms. For purposes of sections 81A.01 81A.02 to 81A.21, the 
54.3 	terms defined in this section have the meanings given them.

54.4 	Sec. 20. Minnesota Statutes 2012, section 81A.02, subdivision 12, is amended to read:
54.5 		Subd. 12.Registration. "Registration" means registration as an athlete agent under 
54.6 	sections 81A.01 81A.02 to 81A.21.

54.7 	Sec. 21. Minnesota Statutes 2012, section 81A.03, subdivision 2, is amended to read:
54.8 		Subd. 2.Subpoena and enforcement powers. The commissioner may issue 
54.9 	subpoenas for any material that is relevant to the administration of sections 81A.01
54.10 	 81A.02 to 81A.21 and exercise other enforcement powers available to the commissioner 
54.11 	under chapter 45.

54.12 	Sec. 22. Minnesota Statutes 2012, section 81A.04, subdivision 1, is amended to read:
54.13 		Subdivision 1.General requirement. Except as otherwise provided in subdivision 
54.14 	2, an individual may not act as an athlete agent in this state without holding a certificate of 
54.15 	registration under section 81A.06or 81A.08.

54.16 	Sec. 23. Minnesota Statutes 2012, section 81A.14, subdivision 2, is amended to read:
54.17 		Subd. 2.Other intentional conduct. An athlete agent may not intentionally:
54.18 	(1) initiate contact with a student athlete unless registered under sections 81A.01
54.19 	 81A.02 to 81A.21;
54.20 	(2) refuse or fail to retain or permit inspection of the records required to be retained 
54.21 	by section 81A.13;
54.22 	(3) fail to register when required by section 81A.04;
54.23 	(4) provide materially false or misleading information in an application for 
54.24 	registration or renewal of registration;
54.25 	(5) predate or postdate an agency contract; or
54.26 	(6) fail to notify a student athlete before the student athlete signs or otherwise 
54.27 	authenticates an agency contract for a particular sport that the signing or authentication 
54.28 	may make the student athlete ineligible to participate as a student athlete in that sport.

54.29 	Sec. 24. Minnesota Statutes 2012, section 81A.16, subdivision 1, is amended to read:
54.30 		Subdivision 1.Private right of action by educational institution. An educational 
54.31 	institution has a right of action against an athlete agent or a former student athlete for 
55.1 	damages caused by a violation of sections 81A.01 81A.02 to 81A.21. In an action under 
55.2 	this section, the court may award costs and reasonable attorney's fees.

55.3 	Sec. 25. Minnesota Statutes 2012, section 81A.16, subdivision 2, is amended to read:
55.4 		Subd. 2.Damages. Damages of an educational institution under subdivision 1 
55.5 	include losses and expenses incurred because, as a result of the conduct of an athlete agent 
55.6 	or former student athlete, the educational institution was injured by a violation of sections 
55.7 	81A.01 81A.02 to 81A.21 or was penalized, disqualified, or suspended from participation 
55.8 	in athletics by a national association for the promotion and regulation of athletics, by an 
55.9 	athletic conference, or by reasonable self-imposed disciplinary action taken to mitigate 
55.10 	sanctions likely to be imposed by such an organization.

55.11 	Sec. 26. Minnesota Statutes 2012, section 81A.16, subdivision 5, is amended to read:
55.12 		Subd. 5.Other rights, remedies, or defenses. Sections 81A.01 81A.02 to 81A.21
55.13 	do not restrict rights, remedies, or defenses of any person under law or equity.

55.14 	Sec. 27. Minnesota Statutes 2012, section 81A.17, is amended to read:
55.15 	81A.17 ADMINISTRATIVE PENALTY.
55.16 	The commissioner may assess a civil penalty against an athlete agent not to exceed 
55.17 	$25,000 for a violation of sections 81A.01 81A.02 to 81A.21, in accordance with chapters 
55.18 	14 and 45.

55.19 	Sec. 28. Minnesota Statutes 2012, section 81A.19, is amended to read:
55.20 	81A.19 ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL 
55.21 	COMMERCE ACT.
55.22 	Sections 81A.01 81A.02 to 81A.21 governing the legal effect, validity, or 
55.23 	enforceability of electronic records or signatures, and of contracts formed or performed 
55.24 	with the use of such records or signatures are intended to conform to the requirements of 
55.25 	section 102 of the Electronic Signatures in Global and National Commerce Act, Public 
55.26 	Law 106-229, 114 Stat. 464 (2000), and supersede, modify, and limit the Electronic 
55.27 	Signatures in Global and National Commerce Act.

55.28 	Sec. 29. Minnesota Statutes 2012, section 81A.20, is amended to read:
55.29 	81A.20 SEVERABILITY.
56.1 	If any provision of sections 81A.01 81A.02 to 81A.21 or its application to any 
56.2 	person or circumstance is held invalid, the invalidity does not affect other provisions or 
56.3 	applications of sections 81A.01 81A.02 to 81A.21 which can be given effect without the 
56.4 	invalid provision or application, and to this end the provisions of sections 81A.01 81A.02
56.5 	 to 81A.21 are severable.

56.6 	Sec. 30. Minnesota Statutes 2012, section 81A.21, is amended to read:
56.7 	81A.21 EFFECT ON OTHER LAW.
56.8 	Sections 81A.01 81A.02 to 81A.21 do not limit the applicability of section 325E.33.

56.9 	Sec. 31. Minnesota Statutes 2012, section 82A.04, subdivision 2, is amended to read:
56.10 		Subd. 2.Application contents. The application for registration shall include:
56.11 	(1) an irrevocable appointment of the commissioner to receive service of any lawful 
56.12 	process as required by section 82A.22, subdivision 1;
56.13 	(2) (1) the name of the campground, the membership camping operator's name 
56.14 	and the address of its principal place of business, the form, date of organization, and 
56.15 	jurisdiction of its organization; and the name and address of each of its offices in this state;
56.16 	(3) (2) a copy of the membership camping operator's articles of incorporation, 
56.17 	partnership agreement, or joint venture agreement as contemplated or currently in effect;
56.18 	(4) (3) the name, address, and principal occupation for the past five years of the 
56.19 	membership camping operator and of each controlling person of the membership camping 
56.20 	operator, and the extent and nature of each such person's interest in the membership 
56.21 	camping operator as of a specified date within 30 days prior to the filing of the application;
56.22 	(5) (4) a statement indicating whether or not the membership camping operator, or 
56.23 	any of the persons identified in clause (4), within the past ten years has been:
56.24 	(i) convicted of a felony; or
56.25 	(ii) enjoined or received any adverse administrative order relating to the sale of 
56.26 	securities, land, or campgrounds or based on violations of any consumer protection 
56.27 	statutes. If any of the above has occurred, the name of the person involved, the jurisdiction, 
56.28 	offense, and date of the offense shall be listed;
56.29 	(6) (5) a legal description of each campground owned or operated in this state by the 
56.30 	membership camping operator which is represented to be available for use by purchasers, 
56.31 	and a map or maps showing the location of all campgrounds, wherever located, which 
56.32 	are owned or operated by the membership camping operator and represented to be 
56.33 	available for use by purchasers, and a statement identifying the existing amenities at each 
57.1 	such campground and the planned amenities represented as to be available for use by 
57.2 	purchasers in the future at each such campground;
57.3 	(7) (6) the states or jurisdictions in which an application for registration or similar 
57.4 	document has been filed by the membership camping operator pursuant to any statute 
57.5 	similar to this chapter regulating membership camping contracts and any adverse order, 
57.6 	judgment, or decree entered against the operator in connection with membership camping 
57.7 	contracts by any regulatory authority in any jurisdiction or by any court;
57.8 	(8) (7) a statement of the condition of the title to the campground owned or operated 
57.9 	in this state by the membership camping operator and represented to be available for use 
57.10 	by purchasers, including all encumbrances, deed restrictions, and covenants applicable 
57.11 	thereto with data as to recording, as of a specified date within 30 days prior to the date of 
57.12 	application, by a title opinion of a licensed attorney or by a title insurance policy, naming 
57.13 	the operator or lender as beneficiaries and issued by an insurance company authorized to 
57.14 	do business in this state, or by any evidence of title acceptable to the commissioner;
57.15 	(9) (8) copies of the instruments by which the membership camping operator's 
57.16 	interest in the campgrounds in this state was acquired;
57.17 	(10) (9) copies of all recorded or unrecorded instruments, known to the membership 
57.18 	campground operator, that evidence blanket encumbrances that materially adversely 
57.19 	affect the campgrounds in this state;
57.20 	(11) (10) if there is a blanket encumbrance which materially adversely affects 
57.21 	the campgrounds located in this state, a legal description of the encumbrance, and a 
57.22 	description of the steps taken to protect purchasers, in accordance with section 82A.14, 
57.23 	clause (1), in case of failure to discharge the lien or encumbrance;
57.24 	(12) (11) evidence showing compliance with the zoning and other applicable 
57.25 	environmental or land use laws, ordinances, and rules affecting the use of the campgrounds 
57.26 	located in this state;
57.27 	(13) (12) a statement of the existing and planned provisions for the following with 
57.28 	respect to campgrounds located in this state:
57.29 	(i) purchasers' access to the campgrounds;
57.30 	(ii) the availability of sewage disposal facilities and other public utilities, including 
57.31 	but not limited to water, electricity, gas, and telephone facilities in the campgrounds;
57.32 	(iii) the proximity of community fire and police protection;
57.33 	(iv) a statement of the amenities which will be represented to purchasers as 
57.34 	guaranteed to be constructed or installed, whether the operator will be responsible 
57.35 	for their cost, installation, and maintenance, and an estimated cost of and schedule for 
57.36 	completion of the same; provided that the estimated completion dates need not be more 
58.1 	precise than the year in which completion is estimated to occur, and may be extended for 
58.2 	the period of any delays caused by or deferred due to the occurrence of events such as 
58.3 	acts of God, strikes, and other causes outside the reasonable control of the membership 
58.4 	camping operator; and assurance that such amenities will be completed by filing a bond or 
58.5 	irrevocable letter of credit, depositing funds in an escrow account, or such other provision 
58.6 	as the commissioner may by order allow. The amount of the bond or escrow account shall 
58.7 	be reduced monthly in proportion to the amount paid for completion of the amenities 
58.8 	during such period. The bond, letter of credit, or escrow account shall be issued or held by 
58.9 	a bank or insurance or surety company authorized to do business in this state;
58.10 	(v) a statement of the amenities to be represented to purchasers as planned for 
58.11 	construction and installation, but not guaranteed, whether the operator will be responsible 
58.12 	for their costs, installation, and maintenance, and an estimated cost of and schedule for 
58.13 	completion of the same; provided that the estimated completion dates need not be more 
58.14 	precise than the year in which completion is estimated to occur and may be extended for 
58.15 	the period of any delays caused by or deferred due to the occurrence of events such as 
58.16 	acts of God, strikes, and other causes outside the reasonable control of the membership 
58.17 	camping operator;
58.18 	(14) (13) the proposed disclosure statement as required by section 82A.05, 
58.19 	subdivision 1, and the proposed separate disclosure, if applicable, as required by section 
58.20 	82A.05, subdivision 6;
58.21 	(15) (14) a financial statement of the membership camping operator as of the end of 
58.22 	the membership camping operator's most recent fiscal year, prepared by an independent 
58.23 	public accountant and certified by the camping operator; and, if the fiscal year end of 
58.24 	the membership camping operator is in excess of 180 days prior to the date of filing 
58.25 	the application, a financial statement, which may be unaudited, as of a date within 180 
58.26 	days of the date of application;
58.27 	(16) (15) a statement of the applicable material permits, other than building permits, 
58.28 	not yet obtained but required to be obtained from various federal, state, and local agencies 
58.29 	to operate the campground in this state, stating which have been applied for. If any 
58.30 	permit has been refused, the reasons for the refusal and the effect the refusal will have on 
58.31 	subsequent development of the campgrounds must be disclosed;
58.32 	(17) (16) a copy of each type of membership camping contract to be sold in this 
58.33 	state, the purchase price of each type and, if the price varies, the reason for the variance;
58.34 	(18) (17) the number of membership camping contracts proposed to be sold at 
58.35 	each campground located in this state and a statement describing the method used to 
58.36 	determine the number;
59.1 	(19) (18) rules of general applicability governing use and occupancy of the 
59.2 	campgrounds; but not including any rules adopted in response to unique local or 
59.3 	immediate needs;
59.4 	(20) (19) copies of applications for and contracts with any reciprocal program entity 
59.5 	in which the membership camping operator is to participate and represents as available for 
59.6 	use by purchasers;
59.7 	(21) (20) information concerning purchase or lease costs, rules, forms, and any fees, 
59.8 	other than the initial membership fee and annual dues, which are required for purchaser 
59.9 	usage of in-park trailers, recreational vehicles, tents, or other overnight accommodations, 
59.10 	provided by or through the membership camping operator, for purchasers as an alternative 
59.11 	to using the purchaser's own mobile accommodations; and
59.12 	(22) (21) any additional information the commissioner reasonably deems appropriate 
59.13 	to administer the provisions of this chapter.

59.14 	Sec. 32. Minnesota Statutes 2012, section 82A.05, subdivision 6, is amended to read:
59.15 		Subd. 6.Separate disclosure. If the membership camping operator or that person's 
59.16 	salespeople represents to a prospective purchaser that the operator plans to construct or 
59.17 	install any amenities in the future, but the operator has not guaranteed to do so and has 
59.18 	not provided assurances that the amenities will be installed pursuant to section 82A.04, 
59.19 	subdivision 2, clause (13)(iv), the operator shall furnish a separate disclosure to the 
59.20 	prospective purchaser. The separate disclosure shall be in 10-point bold type and shall 
59.21 	state: NOTICE: PURCHASE THIS MEMBERSHIP CAMPING CONTRACT ONLY 
59.22 	ON THE BASIS OF EXISTING AMENITIES. CONSTRUCTION OF PLANNED 
59.23 	AMENITIES IS NOT GUARANTEED. CONSTRUCTION MAY BE DEFERRED, 
59.24 	REVISED, OR CANCELED FOR A VARIETY OF REASONS. THE PLANNED 
59.25 	AMENITIES FOR THIS CAMPGROUND ARE (Insert list of amenities, including 
59.26 	estimated year of completion of each). IF THE SALESPERSON DESCRIBES A 
59.27 	SIGNIFICANT AMENITY WHICH IS NOT ON THIS LIST, TELEPHONE COLLECT 
59.28 	OR TOLL FREE TO (Insert headquarters telephone number) TO VERIFY THE 
59.29 	OPERATOR'S PLAN FOR SUCH A FACILITY.
59.30 	The separate disclosure shall be delivered to each person to whom an offer is made 
59.31 	before or concurrently with:
59.32 	(1) the first written offer other than offer by means of an advertisement; or
59.33 	(2) any payment pursuant to a sale, whichever is first.
59.34 	The seller shall obtain a receipt, signed by the person, acknowledging that the person 
59.35 	has received a copy of the separate disclosure required herein prior to the execution by the 
60.1 	purchaser of any membership camping contract. All receipts shall be kept in files which 
60.2 	are in the possession of the membership camping operator or broker subject to inspection 
60.3 	by the commissioner for a period of three years from the date of the receipt.

60.4 	Sec. 33. Minnesota Statutes 2013 Supplement, section 82A.06, subdivision 2, is 
60.5 	amended to read:
60.6 		Subd. 2.Partial transactional exemptions. The following transactions are exempt 
60.7 	from the provisions of sections 82A.03; 82A.04;82A.05; 82A.07; 82A.08;82A.11, 
60.8 	subdivisions 2 and subdivision 4; and 82A.14: any sale which is made to a person who is 
60.9 	not then physically present in this state, and any offer which invites an offeree to attend a 
60.10 	sales presentation in another state if:
60.11 	(1) the offeror has given at least ten days prior written notice to the commissioner 
60.12 	of its intention to offer or sell membership camping contracts to residents of this state 
60.13 	pursuant to this exemption and paid a fee of $50;
60.14 	(2) the offeror has demonstrated that the sales presentation will be made, and the 
60.15 	sale will be consummated, in a state which specifically regulates the offer and sale of 
60.16 	membership camping contracts;
60.17 	(3) the offeror has demonstrated that it will deliver a disclosure statement to offerees 
60.18 	who are residents of this state which contains substantially the same or greater disclosure 
60.19 	as is required by section 82A.05; and
60.20 	(4) the offeror has filed a consent to service of process pursuant to section 82A.22.

60.21 	Sec. 34. Minnesota Statutes 2012, section 82A.08, subdivision 1, is amended to read:
60.22 		Subdivision 1.Requirement. During the period a registration is effective, the 
60.23 	membership camping operator shall file an annual report in a format the commissioner 
60.24 	may reasonably prescribe. Every annual report shall be due by the 120th day following 
60.25 	the end of the operator's fiscal year, unless extended in writing by the commissioner 
60.26 	for good cause. The annual report shall:
60.27 	(1) specify the aggregate number of membership camping contracts sold in this state 
60.28 	pursuant to the registration or any amendment thereof;
60.29 	(2) specify the number of membership camping contracts and aggregate dollar 
60.30 	amount of all sales of membership camping contracts in this state by the membership 
60.31 	camping operator since the date the registration became effective, or since the last annual 
60.32 	report was filed with the commissioner, whatever date is later;
60.33 	(3) specify any exemption from registration claimed for any sale described in 
60.34 	clause (2);
61.1 	(4) list any changes in the information required to be filed under section 82A.04, 
61.2 	subdivision 2, clause (4);
61.3 	(5) (4) include an audited or unaudited financial statement consisting of a balance 
61.4 	sheet for the membership camping operator's last fiscal year end and an income statement 
61.5 	for the 12 months next preceding the date of the balance sheet, both prepared by an 
61.6 	independent certified public accountant; and
61.7 	(6) (5) provide such other information as the commissioner may by rule or order 
61.8 	reasonably require to administer the provisions of this chapter, including but not limited 
61.9 	to, audited financial statements.

61.10 	Sec. 35. Minnesota Statutes 2012, section 82A.09, subdivision 2, is amended to read:
61.11 		Subd. 2.Restrictions. No person shall publish or cause to be published in this state 
61.12 	any advertisement concerning any membership camping contract which is required to be 
61.13 	registered pursuant to this chapter, or which is exempt from registration under section 
61.14 	82A.06, subdivision 2, after the commissioner has found that the advertisement contains 
61.15 	any statement that is false or misleading, or omits to make any statement necessary in 
61.16 	order to make the statements made, in light of the circumstances under which they were 
61.17 	made, not misleading, and has so notified the person by written order. The order may be 
61.18 	issued without prior notice or hearing. Up to 30 days after the issuance of the order, the 
61.19 	person desiring to use the advertisement may in writing request a hearing on the order. 
61.20 	Upon receipt of a written request, the matter shall be set for hearing to commence within 
61.21 	15 days after the receipt unless the person making the request consents to a later date. 
61.22 	After the hearing, which shall be conducted in accordance with the provisions of chapter 
61.23 	14, the commissioner shall, by written order, either affirm, modify, or vacate the order.

61.24 	Sec. 36. Minnesota Statutes 2012, section 82B.195, subdivision 1, is amended to read:
61.25 		Subdivision 1.Compliance with uniform standards of professional appraisal 
61.26 	practice. In addition to an act compelled or prohibited by this chapter, an appraiser 
61.27 	must act according to the standards of professional appraisal practice defined in section 
61.28 	82B.021, subdivision 26.

61.29 	Sec. 37. Minnesota Statutes 2012, section 82B.195, subdivision 2, is amended to read:
61.30 		Subd. 2.Disclosure requirements. In addition to the requirements of the standards 
61.31 	of professional appraisal practice as defined by section 82B.021, subdivision 31, an 
61.32 	appraiser must, prior to performing any appraisal service which requires licensing 
61.33 	pursuant to this chapter, disclose in writing to the person contracting for the appraisal 
62.1 	service the information identified in clause (4). In addition, an appraiser must prepare a 
62.2 	written disclosure providing the information identified in clauses (1) to (13). The written 
62.3 	disclosure must be included as part of the final written appraisal report. As specified in 
62.4 	this subdivision, an appraiser must:
62.5 	(1) disclose who has employed the appraiser;
62.6 	(2) disclose who the appraisal is rendered for, if not the person who employed 
62.7 	the appraiser;
62.8 	(3) disclose the purpose of the appraisal, including an explanation of the difference 
62.9 	between the appraisal being given and an appraisal of fee simple market valuation;
62.10 	(4) disclose any conflict of interest or situation which might reasonably be perceived 
62.11 	to be a conflict of interest which must include, but not be limited to, the following situations:
62.12 	(i) whether the appraiser has any ownership interest in the subject property or 
62.13 	contiguous properties;
62.14 	(ii) whether there is an ownership interest by a spouse, parent, or child of the 
62.15 	appraiser in the property or contiguous properties; and
62.16 	(iii) whether the appraiser has a continuing business relationship with one of the 
62.17 	parties, for example, any part-time or full-time employment of the appraiser, spouse, 
62.18 	children living at home, or dependent children.
62.19 	Failure to promptly give notification of a conflict must be considered a violation of 
62.20 	the standards of professional appraisal practice;
62.21 	(5) disclose that the appraisal is a reevaluation and identify the areas of difference 
62.22 	between the two appraisals and the justification for the changes;
62.23 	(6) disclose any facts concerning the valuation needed for loan purposes or similar 
62.24 	information that was provided to the appraiser before or during the appraisal;
62.25 	(7) disclose that the appraiser has not performed appraisals of the type requested or 
62.26 	for the type of property to be appraised as a regular part of the appraiser's business in the 
62.27 	preceding five-year period, provided that if the appraiser asserts qualification by training 
62.28 	or related experience to perform the appraisal, the appraiser must set forth the training or 
62.29 	experience and how it is applicable to the appraisal;
62.30 	(8) disclose the license classification of the appraiser and the types of appraisals that 
62.31 	the appraiser is authorized to conduct under the licensure;
62.32 	(9) disclose any lack of experience or training that would affect the ability of the 
62.33 	appraiser to perform the appraisal or could cause rejection of the appraisal by the party 
62.34 	requiring the appraisal;
62.35 	(10) disclose any appraisal on the same property made by the appraiser in the last 
62.36 	three years;
63.1 	(11) disclose all pertinent assumptions upon which a valuation based upon income 
63.2 	from the property is derived such as expected occupancy rates, rental rates, construction of 
63.3 	future improvements, roads, or highways;
63.4 	(12) prior to performing the appraisal, disclose whether the appraiser has previously 
63.5 	been to the property; and
63.6 	(13) disclose any other fact or circumstance that could bring the reliability of the 
63.7 	appraisal or the impartiality of the appraiser into question.

63.8 	Sec. 38. Minnesota Statutes 2012, section 115C.113, is amended to read:
63.9 	115C.113 ORDERS.
63.10 	The commissioner of commerce may issue an order requiring a registrant or 
63.11 	applicant for registration to show cause why the registration should not be revoked or 
63.12 	suspended, the registrant censured, the application denied, or other sanction imposed 
63.13 	under section 115C.111 or115C.112. The order must be calculated to give reasonable 
63.14 	notice of the time and place for hearing on the matter, and must state the reasons for the 
63.15 	entry of the order. The commissioner of commerce may by order summarily suspend a 
63.16 	registration pending final determination of an order to show cause. A hearing on the 
63.17 	merits must be held within 30 days of the issuance of the order of summary suspension. 
63.18 	All hearings must be conducted under chapter 14. After the hearing, the commissioner of 
63.19 	commerce shall enter an order disposing of the matter as the facts require. If the registrant 
63.20 	or applicant for registration fails to appear at a hearing after having been duly notified of 
63.21 	it, the person shall be considered in default, and the proceeding may be determined against 
63.22 	the registrant or applicant for registration upon consideration of the order to show cause, 
63.23 	the allegations of which may be considered to be true.

63.24 	Sec. 39. Minnesota Statutes 2012, section 115C.13, is amended to read:
63.25 	115C.13 REPEALER.
63.26 	Sections 115C.01,115C.02, 115C.021, 115C.03, 115C.04, 115C.045, 115C.05, 
63.27 	115C.06, 115C.065, 115C.07, 115C.08, 115C.09, 115C.093, 115C.094, 115C.10, 115C.11, 
63.28 	115C.111,115C.112, 115C.113, 115C.12, and 115C.13, are repealed effective June 30, 
63.29 	2017.

63.30 	Sec. 40. Minnesota Statutes 2012, section 239.011, subdivision 2, is amended to read:
63.31 		Subd. 2.Duties and powers. To carry out the responsibilities in section 239.01
63.32 	and subdivision 1, the director:
64.1 	(1) shall take charge of, keep, and maintain in good order the standard of weights 
64.2 	and measures of the state and keep a seal so formed as to impress, when appropriate, the 
64.3 	letters "MINN" and the date of sealing upon the weights and measures that are sealed;
64.4 	(2) has general supervision of the weights, measures, and weighing and measuring 
64.5 	devices offered for sale, sold, or in use in the state;
64.6 	(3) shall maintain traceability of the state standards to the national standards of the 
64.7 	National Institute of Standards and Technology;
64.8 	(4) shall enforce this chapter;
64.9 	(5) shall grant variances from department rules, within the limits set by rule, when 
64.10 	appropriate to maintain good commercial practices or when enforcement of the rules 
64.11 	would cause undue hardship;
64.12 	(6) shall conduct investigations to ensure compliance with this chapter;
64.13 	(7) may delegate to division personnel the responsibilities, duties, and powers 
64.14 	contained in this section;
64.15 	(8) shall test annually, and approve when found to be correct, the standards of 
64.16 	weights and measures used by the division, by a town, statutory or home rule charter city, 
64.17 	or county within the state, or by a person using standards to repair, adjust, or calibrate 
64.18 	commercial weights and measures;
64.19 	(9) shall inspect and test weights and measures kept, offered, or exposed for sale;
64.20 	(10) shall inspect and test, to ascertain if they are correct, weights and measures 
64.21 	commercially used to:
64.22 	(i) determine the weight, measure, or count of commodities or things sold, offered, 
64.23 	or exposed for sale, on the basis of weight, measure, or count; and
64.24 	(ii) compute the basic charge or payment for services rendered on the basis of 
64.25 	weight, measure, or count;
64.26 	(11) shall approve for use and mark weights and measures that are found to be correct;
64.27 	(12) shall reject, and mark as rejected, weights and measures that are found to be 
64.28 	incorrect and may seize them if those weights and measures:
64.29 	(i) are not corrected within the time specified by the director;
64.30 	(ii) are used or disposed of in a manner not specifically authorized by the director; or
64.31 	(iii) are found to be both incorrect and not capable of being made correct, in which 
64.32 	case the director shall condemn those weights and measures;
64.33 	(13) shall weigh, measure, or inspect packaged commodities kept, offered, or exposed 
64.34 	for sale, sold, or in the process of delivery, to determine whether they contain the amount 
64.35 	represented and whether they are kept, offered, or exposed for sale in accordance with 
64.36 	this chapter and department rules. In carrying out this section, the director must employ 
65.1 	recognized sampling procedures, such as those contained in National Institute of Standards 
65.2 	and Technology Handbook 133, "Checking the Net Contents of Packaged Goods";
65.3 	(14) shall prescribe the appropriate term or unit of weight or measure to be used for 
65.4 	a specific commodity when an existing term or declaration of quantity does not facilitate 
65.5 	value comparisons by consumers, or creates an opportunity for consumer confusion;
65.6 	(15) shall allow reasonable variations from the stated quantity of contents, including 
65.7 	variations caused by loss or gain of moisture during the course of good distribution 
65.8 	practice or by unavoidable deviations in good manufacturing practice, only after the 
65.9 	commodity has entered commerce within the state;
65.10 	(16) shall inspect and test petroleum products in accordance with this chapter and 
65.11 	chapter 296A;
65.12 	(17) shall distribute and post notices for used motor oil and used motor oil filters and 
65.13 	lead acid battery recycling in accordance with sections 239.54,325E.11, and 325E.115;
65.14 	(18) shall collect inspection fees in accordance with sections 239.10 and 239.101; and
65.15 	(19) shall provide metrological services and support to businesses and individuals in 
65.16 	the United States who wish to market products and services in the member nations of the 
65.17 	European Economic Community, and other nations outside of the United States by:
65.18 	(i) meeting, to the extent practicable, the measurement quality assurance standards 
65.19 	described in the International Standards Organization ISO 17025;
65.20 	(ii) maintaining, to the extent practicable, certification of the metrology laboratory 
65.21 	by an internationally accepted accrediting body such as the National Voluntary Laboratory 
65.22 	Accreditation Program (NVLAP); and
65.23 	(iii) providing calibration and consultation services to metrology laboratories in 
65.24 	government and private industry in the United States.

65.25 	Sec. 41. Minnesota Statutes 2012, section 239.46, is amended to read:
65.26 	239.46 FINES CREDITED TO SCHOOL FUNDS.
65.27 	All fines collected under the provisions of sections 239.28 to section239.38 shall 
65.28 	be paid to the county treasurer for the benefit of the school fund of the county where 
65.29 	the action is brought.

65.30 	Sec. 42. Minnesota Statutes 2013 Supplement, section 270.41, subdivision 5, is 
65.31 	amended to read:
65.32 		Subd. 5.Prohibited activity. A licensed assessor or other person employed by an 
65.33 	assessment jurisdiction or contracting with an assessment jurisdiction for the purpose 
65.34 	of valuing or classifying property for property tax purposes is prohibited from making 
66.1 	appraisals or analyses, accepting an appraisal assignment, or preparing an appraisal report 
66.2 	as defined in section 82B.021, subdivisions 2, 4, 6, and 7, on any property within the 
66.3 	assessment jurisdiction where the individual is employed or performing the duties of the 
66.4 	assessor under contract. Violation of this prohibition shall result in immediate revocation 
66.5 	of the individual's license to assess property for property tax purposes. This prohibition 
66.6 	must not be construed to prohibit an individual from carrying out any duties required 
66.7 	for the proper assessment of property for property tax purposes or performing duties 
66.8 	enumerated in section 273.061, subdivision 7 or 8. If a formal resolution has been adopted 
66.9 	by the governing body of a governmental unit, which specifies the purposes for which 
66.10 	such work will be done, this prohibition does not apply to appraisal activities undertaken 
66.11 	on behalf of and at the request of the governmental unit that has employed or contracted 
66.12 	with the individual. The resolution may only allow appraisal activities which are related to 
66.13 	condemnations, right-of-way acquisitions, land exchanges, or special assessments.

66.14 	Sec. 43. Minnesota Statutes 2012, section 325E.11, is amended to read:
66.15 	325E.11 COLLECTION FACILITIES; NOTICE.
66.16 	(a) Any person selling at retail or offering motor oil or motor oil filters for retail 
66.17 	sale in this state shall:
66.18 	(1) post a notice indicating the nearest location where used motor oil and used motor 
66.19 	oil filters may be returned at no cost for recycling or reuse, post a toll-free telephone 
66.20 	number that may be called by the public to determine a convenient location, or post a 
66.21 	listing of locations where used motor oil and used motor oil filters may be returned at 
66.22 	no cost for recycling or reuse; or
66.23 	(2) if the person is subject to section 325E.112, subdivision 1, paragraph (b), post 
66.24 	a notice informing customers purchasing motor oil or motor oil filters of the location of 
66.25 	the used motor oil and used motor oil filter collection site established by the retailer in 
66.26 	accordance with section 325E.112, subdivision 1, paragraph (b), where used motor oil and 
66.27 	used motor oil filters may be returned at no cost.
66.28 	(b) A notice under paragraph (a) shall be posted on or adjacent to the motor oil and 
66.29 	motor oil filter displays, be at least 8-1/2 inches by 11 inches in size, contain the universal 
66.30 	recycling symbol with the following language:
66.31 	(1) "It is illegal to put used oil and used motor oil filters in the garbage.";
66.32 	(2) "Recycle your used oil and used motor oil filters."; and
66.33 	(3)(i) "There is a free collection site here for your used oil and used motor oil filters.";
66.34 	(ii) "There is a free collection site for used oil and used motor oil filters located at 
66.35 	(name of business and street address).";
67.1 	(iii) "For the location of a free collection site for used oil and used motor oil filters 
67.2 	call (toll-free phone number)."; or
67.3 	(iv) "Here is a list of free collection sites for used oil and used motor oil filters."
67.4 	(c) The Division of Weights and Measures in the Department of Commerce shall 
67.5 	enforce compliance with this section as provided in section 239.54. The Pollution Control 
67.6 	Agency shall enforce compliance with this section under sections 115.071 and 116.072 in 
67.7 	coordination with the Division of Weights and Measures.

67.8 	Sec. 44. Minnesota Statutes 2012, section 325E.115, subdivision 2, is amended to read:
67.9 		Subd. 2.Compliance; management. The Division of Weights and Measures in 
67.10 	the Department of Commerce shall enforce compliance of subdivision 1 as provided in 
67.11 	section 239.54. The commissioner of the Pollution Control Agency shall inform persons 
67.12 	governed by subdivision 1 of requirements for managing lead acid batteries.

67.13 	Sec. 45. Minnesota Statutes 2012, section 332.31, subdivision 1, is amended to read:
67.14 		Subdivision 1.Terms. The terms in this section for the purposes of sections 332.31
67.15 	to 332.45 332.44 shall have the meanings given them.

67.16 	Sec. 46. Minnesota Statutes 2012, section 332.311, is amended to read:
67.17 	332.311 TRANSFER OF ADMINISTRATIVE FUNCTIONS.
67.18 	The powers, duties, and responsibilities of the consumer services section under 
67.19 	sections 332.31 to 332.45 332.44 relating to collection agencies are hereby transferred to 
67.20 	and imposed upon the commissioner of commerce.

67.21 	Sec. 47. Minnesota Statutes 2012, section 332.33, subdivision 1, is amended to read:
67.22 		Subdivision 1.Requirement. Except as otherwise provided in this chapter, no 
67.23 	person shall conduct within this state a collection agency or engage within this state 
67.24 	in the business of collecting claims for others as defined in sections 332.31 to 332.45
67.25 	 332.44, without having first applied for and obtained a collection agency license. A person 
67.26 	acting under the authority of a collection agency, as a collector, must first register with the 
67.27 	commissioner under this section. A registered collector may use one additional assumed 
67.28 	name only if the assumed name is registered with and approved by the commissioner.

67.29 	Sec. 48. Minnesota Statutes 2012, section 332.33, subdivision 2, is amended to read:
67.30 		Subd. 2.Penalty. A person who carries on business as a collection agency without 
67.31 	first having obtained a license or acts as a collector without first having registered with 
68.1 	the commissioner pursuant to sections 332.31 to 332.45 332.44, or who carries on this 
68.2 	business after the revocation, suspension, or expiration of a license or registration is 
68.3 	guilty of a misdemeanor.

68.4 	Sec. 49. Minnesota Statutes 2012, section 332.33, subdivision 3, is amended to read:
68.5 		Subd. 3.Term. Licenses issued or renewed and registrations received by the 
68.6 	commissioner of commerce under sections 332.31 to 332.45 332.44 shall expire on June 
68.7 	30. Each collection agency license shall plainly state the name and business address of 
68.8 	the licensee, and shall be posted in a conspicuous place in the office where the business 
68.9 	is transacted. The fee for each collection agency license is $500, and renewal is $400. 
68.10 	The fee for each collector registration and renewal is $10. A collection agency licensee 
68.11 	who desires to carry on business in more than one place shall procure a license for each 
68.12 	place where the business is to be conducted.

68.13 	Sec. 50. Minnesota Statutes 2012, section 332.33, subdivision 5, is amended to read:
68.14 		Subd. 5.Collection agency license issuance. Every application for a collection 
68.15 	agency license or renewal shall be acted upon promptly by the commissioner but in no 
68.16 	event more than 45 days after receipt of the application. Each applicant may be issued a 
68.17 	temporary license after submitting a complete application which meets all requirements 
68.18 	for licensure. This license shall be effective until a permanent license is issued by the 
68.19 	commissioner. If the application complies in form and substance with sections 332.31 to 
68.20 	332.45 332.44 and the rules adopted under those sections and the commissioner finds that 
68.21 	the applicant is qualified under sections 332.31 to 332.45 332.44, the commissioner shall 
68.22 	issue a license immediately. If the application is not sufficient in form or substance, the 
68.23 	commissioner shall reject it and notify the applicant of the manner in which it is deficient. 
68.24 	The rejection is without prejudice to the filing of a new application. On finding that the 
68.25 	applicant is not qualified under sections 332.31 to 332.45 332.44, the commissioner shall 
68.26 	reject the application and shall give the applicant written notice of the rejection and the 
68.27 	reasons for the rejection.

68.28 	Sec. 51. Minnesota Statutes 2012, section 332.33, subdivision 5a, is amended to read:
68.29 		Subd. 5a.Individual collector registration. A licensed collection agency, on behalf 
68.30 	of an individual collector, must register with the state all individuals in the collection 
68.31 	agency's employ who are performing the duties of a collector as defined in sections 
68.32 	332.31 to 332.45 332.44. The collection agency must apply for an individual collection 
68.33 	registration on a form provided by the commissioner, or electronically when available. 
69.1 	The collection agency shall verify on the form that the applicant has confirmed that the 
69.2 	applicant meets the requirements to perform the duties of a collector as defined in sections 
69.3 	332.31 to 332.45 332.44. Upon submission of the form to the department, the individual 
69.4 	may begin to perform the duties of a collector and may continue to do so unless the licensed 
69.5 	collection agency is informed by the commissioner that the individual is ineligible.

69.6 	Sec. 52. Minnesota Statutes 2012, section 332.38, is amended to read:
69.7 	332.38 APPLICATION IN CASE OF PRETENDED PURCHASE, 
69.8 	ASSIGNMENT OR USE OF A FICTITIOUS NAME.
69.9 	The provisions of sections 332.31 to 332.45 332.44 shall apply to any person 
69.10 	who, by any device, subterfuge or pretense, makes a pretended purchase or takes a 
69.11 	pretended assignment of accounts from another for the purpose of evading provisions of 
69.12 	sections 332.31 to 332.45 332.44, or, uses a fictitious name or any name other than the 
69.13 	person's own name which would indicate to the debtor that a third person is collecting or 
69.14 	attempting to collect such account or claim.

69.15 	Sec. 53. Minnesota Statutes 2012, section 332.39, is amended to read:
69.16 	332.39 INJUNCTIONS.
69.17 	The attorney general or the county attorney of any county may apply for an 
69.18 	injunction in district court to enjoin any violations of sections 332.31 to 332.45 332.44, or 
69.19 	any practices prohibited in section 332.37, and any such court may issue temporary or 
69.20 	permanent injunctions as the circumstances shall require. Such injunctive proceedings 
69.21 	shall be in addition to and not in lieu of penalties and remedies otherwise provided in 
69.22 	sections 332.31 to 332.45 332.44.

69.23 	Sec. 54. Minnesota Statutes 2012, section 332.40, subdivision 1, is amended to read:
69.24 		Subdivision 1.Examination of licensee's or registered individual collector's 
69.25 	records. The commissioner of commerce may make examinations of the collection 
69.26 	records of a licensee or registered individual collector at a reasonable time and in a scope 
69.27 	as is necessary to enforce the provisions of sections 332.31 to 332.45 332.44, and for that 
69.28 	purpose the commissioner shall have free access to the books and records of a licensee 
69.29 	or registered individual collector relating thereto. If a licensee or registered individual 
69.30 	collector violates any provision of sections 332.31 to 332.45 332.44, or any administrative 
69.31 	rules issued pursuant to sections 332.31 to 332.45 332.44, fails to maintain its financial 
69.32 	condition sufficient to qualify for licensure or registration on an original application, or, 
69.33 	fails to maintain its registration or comply with all of the requirements of chapter 303, 
70.1 	the commissioner may, after notice and hearing in accordance with the provisions of the 
70.2 	laws of this state governing proceedings before administrative agencies, revoke a license 
70.3 	or registration, or suspend a license or registration for a period as the commissioner 
70.4 	deems proper.

70.5 	Sec. 55. Minnesota Statutes 2012, section 332.40, subdivision 2, is amended to read:
70.6 		Subd. 2.Other examinations. The commissioner may investigate within or 
70.7 	without this state as the commissioner deems necessary to determine whether any person 
70.8 	has violated any provision of the Fair Debt Collection Practices Act of 1977, Public 
70.9 	Law 95-109 or of sections 332.31 to 332.45 332.44, or any rule or order thereunder; to 
70.10 	determine whether a license or registration should be issued, renewed, or revoked; to aid 
70.11 	in the enforcement of sections 332.31 to 332.45 332.44; or in prescribing rules and forms 
70.12 	thereunder. The commissioner may publish information concerning any violation of 
70.13 	sections 332.31 to 332.45 332.44 or any rule or order thereunder.

70.14 	Sec. 56. Minnesota Statutes 2012, section 332.40, subdivision 3, is amended to read:
70.15 		Subd. 3.Commissioner's powers. For the purpose of any investigation or 
70.16 	proceeding under sections 332.31 to 332.45 332.44, the commissioner or any person 
70.17 	designated by the commissioner may administer oaths and affirmations, subpoena 
70.18 	collection agencies or collectors and compel their attendance, take evidence and require 
70.19 	the production of any books, papers, correspondence, memoranda, agreements or other 
70.20 	documents or records which the commissioner deems relevant or material to the inquiry. 
70.21 	The subpoena shall contain a written statement setting forth the circumstances which have 
70.22 	reasonably caused the commissioner to believe that a violation of sections 332.31 to 
70.23 	332.45 332.44 may have occurred.
70.24 	In the event that the collection agency or collector refuses to obey the subpoena, or 
70.25 	should the commissioner, upon completion of the examination of the collection agency 
70.26 	or collector, reasonably conclude that a violation has occurred, the commissioner may 
70.27 	examine additional witnesses, including third parties, as may be necessary to complete the 
70.28 	investigation.
70.29 	Any subpoena issued pursuant to this section shall be served by certified mail or by 
70.30 	personal service. Service shall be made at least 15 days prior to the date of appearance.

70.31 	Sec. 57. Minnesota Statutes 2012, section 332.42, subdivision 1, is amended to read:
70.32 		Subdivision 1.Verified financial statement. The commissioner of commerce may 
70.33 	at any time require a collection agency licensee to submit a verified financial statement for 
71.1 	examination by the commissioner to determine whether the collection agency licensee 
71.2 	is financially responsible to carry on a collection agency business within the intents and 
71.3 	purposes of sections 332.31 to 332.45 332.44.

71.4 	Sec. 58. Minnesota Statutes 2012, section 332.42, subdivision 2, is amended to read:
71.5 		Subd. 2.Record keeping. The commissioner shall require the collection agency 
71.6 	licensee to keep such books and records in the licensee's place of business in this state as 
71.7 	will enable the commissioner to determine whether there has been compliance with the 
71.8 	provisions of sections 332.31 to 332.45 332.44, unless the agency is a foreign corporation 
71.9 	duly authorized, admitted, and licensed to do business in this state and complies with all 
71.10 	the requirements of chapter 303 and with all other requirements of sections 332.31 to 
71.11 	332.45 332.44. Every collection agency licensee shall preserve the records of final entry 
71.12 	used in such business for a period of five years after final remittance is made on any 
71.13 	amount placed with the licensee for collection or after any account has been returned to 
71.14 	the claimant on which one or more payments have been made.

71.15 	Sec. 59. Minnesota Statutes 2012, section 332.44, is amended to read:
71.16 	332.44 RULEMAKING POWER.
71.17 	The commissioner of commerce shall make and file in accordance with the 
71.18 	provisions of chapter 14, all reasonable rules as shall be necessary for the administration 
71.19 	of sections 332.31 to 332.45 332.44.

71.20 	Sec. 60. Minnesota Statutes 2012, section 386.015, subdivision 5, is amended to read:
71.21 		Subd. 5.Public and private fees. The county recorder shall charge and collect all 
71.22 	fees as prescribed by law and all such fees collected as county recorder shall be paid to the 
71.23 	county in the manner and at the time prescribed by the county board, but not less often 
71.24 	than once each month. This subdivision shall apply to the fees collected by the county 
71.25 	recorder in performing the duties of the registrar of titles and all such fees shall be paid to 
71.26 	the county as herein provided. A county recorder may retain as personal compensation 
71.27 	any fees the recorder is permitted to charge by law for services rendered in a private 
71.28 	capacity as a registered abstracter as defined in section 386.61, subdivision 2, clause (2).

71.29 	Sec. 61. Minnesota Statutes 2012, section 386.62, is amended to read:
71.30 	386.62 LICENSE REQUIRED.
71.31 	No official, person, firm, association, or corporation shall engage in the business 
71.32 	of making abstracts of title and issuing certificates showing ownership of, or interest in, 
72.1 	or liens upon any lands in the state of Minnesota, whether registered or not, without first 
72.2 	obtaining a license pursuant to the provisions of sections 386.61 386.62 to 386.76.

72.3 	Sec. 62. Minnesota Statutes 2012, section 386.65, subdivision 1, is amended to read:
72.4 		Subdivision 1.Procedure; conditions. Applications for a license shall be made 
72.5 	to the commissioner and shall be upon a form to be prepared by the commissioner 
72.6 	and contain such information as may be required by it. Each applicant must pass an 
72.7 	examination approved for use by the commissioner. The examination must be of sufficient 
72.8 	scope to establish the applicant as capable of performing the duties of an abstracter whose 
72.9 	work will be for the use and protection of the public. If application is made by a firm or 
72.10 	corporation, one of the members or managing officials thereof shall take such examination. 
72.11 	If the applicant successfully passes the examination and complies with all the provisions of 
72.12 	sections 386.61 386.62 to 386.76, the commissioner shall issue a license to the applicant.

72.13 	Sec. 63. Minnesota Statutes 2012, section 386.705, is amended to read:
72.14 	386.705 ADMINISTRATIVE ACTIONS AND PENALTIES.
72.15 	An abstracter licensed under sections 386.61 386.62 to 386.76 is subject to the 
72.16 	penalties imposed pursuant to section 45.027. The commissioner has all the powers 
72.17 	provided in section 45.027 and shall proceed in the manner provided by that section in 
72.18 	actions against abstracters.

72.19 	Sec. 64. Minnesota Statutes 2012, section 386.706, is amended to read:
72.20 	386.706 RULES.
72.21 	The commissioner may adopt rules necessary for the administration of sections 
72.22 	386.61 386.62 to 386.76.

72.23 	Sec. 65. Minnesota Statutes 2012, section 386.73, is amended to read:
72.24 	386.73 COUNTY RECORDERS, MAY EMPLOY LICENSED 
72.25 	ABSTRACTERS.
72.26 	Nothing herein shall prohibit any county recorder who does not hold a certificate 
72.27 	of authority pursuant to the provisions hereof from employing a licensed abstracter and 
72.28 	issuing abstracts pursuant to sections 386.61 386.62 to 386.76.

72.29 	Sec. 66. Minnesota Statutes 2012, section 386.74, is amended to read:
72.30 	386.74 RIGHTS OF COUNTY RECORDERS NOT ABRIDGED.
73.1 	Sections 386.61 386.62 to 386.76 shall not apply to nor abridge the rights of county 
73.2 	recorders, as set forth in section 386.37.

73.3 	Sec. 67. Minnesota Statutes 2012, section 386.76, is amended to read:
73.4 	386.76 VIOLATION A MISDEMEANOR.
73.5 	Any person who violates any of the provisions of sections 386.61 386.62 to 386.76
73.6 	shall be guilty of a misdemeanor.

73.7 	Sec. 68.  REPEALER.
 73.8 	Minnesota Statutes 2012, sections 13.713, subdivision 4; and 72A.53, are repealed.