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; 
1.6 	45.22; 45.23; 46.046, by adding a subdivision; 47.20, subdivision 7; 47.325; 
1.7 	47.78; 48.93, subdivisions 1, 3; 53A.06; 56.131, subdivision 1; 56.14; 58.115; 
1.8 	59C.10, subdivision 2; 60A.131; 72B.03; 72B.041, subdivision 1; 72B.08, 
1.9 	subdivision 1; 72B.135, subdivision 2; 82.63, subdivision 6; 82A.03; 82A.05, 
1.10 	subdivision 6; 82A.08, subdivision 1; 82A.09, subdivision 2; 82A.10; 82A.111, 
1.11 	subdivision 2; 82A.12, subdivision 1; 82A.14; 82A.22, subdivision 2; 82A.25; 
1.12 	82A.26; 83.26, subdivision 2; 83.30, subdivision 1; 115C.113; 115C.13; 
1.13 	216C.03; 237.04; 237.14; 237.16, subdivisions 8, 12; 237.164; 237.17; 237.30; 
1.14 	237.46; 237.491; 237.69, subdivisions 1, 15, 16; 237.71; 239.011, subdivision 
1.15 	2; 239.06; 239.081; 239.09; 239.091; 239.44; 239.46; 239.753; 256E.25, 
1.16 	subdivision 5a; 270B.14, subdivision 1; 325E.11; 325E.115, subdivision 2; 
1.17 	332.31, subdivision 1; 332.311; 332.33, subdivisions 1, 2, 3, 5, 5a, 7; 332.38; 
1.18 	332.39; 332.40, subdivisions 1, 2, 3; 332.42, subdivisions 1, 2; 332.44; 386.015, 
1.19 	subdivision 5; 386.62; 386.65, subdivision 1; 386.705; 386.706; 386.73; 386.74; 
1.20 	386.76; Minnesota Statutes 2013 Supplement, sections 82A.06, subdivision 2; 
1.21 	82A.13, subdivision 1; 237.036; 237.16, subdivision 9; 239.101, subdivision 3; 
1.22 	repealing Minnesota Statutes 2012, sections 13.713, subdivision 4; 45.0111; 
1.23 	45.42, subdivision 1; 46.045, subdivision 2; 46.047; 48.34; 53A.081; 56.001, 
1.24 	subdivisions 5, 6; 60A.18; 62A.319; 72A.53; 72B.02, subdivision 8; 80C.30; 
1.25 	81A.08; 81A.18; 82.63, subdivisions 7, 9, 10; 82A.04; 82A.07; 82A.08; 
1.26 	82A.11, subdivision 2; 82A.111, subdivision 5; 82A.13, subdivision 3; 82A.18, 
1.27 	subdivision 3; 82A.22, subdivisions 1, 3; 82A.24, subdivision 5; 115C.111; 
1.28 	216C.14; 216C.262; 216C.263; 216C.373; 216C.38; 216C.44; 237.068; 237.16, 
1.29 	subdivisions 10, 11, 13; 237.18; 237.33; 237.34; 237.35; 237.36; 237.37; 237.38; 
1.30 	237.39; 237.40; 237.44; 237.45; 237.47; 237.67; 237.711; 237.80, subdivision 
1.31 	1; 239.002; 239.003; 239.012; 239.101, subdivision 4; 239.28; 239.29; 239.30; 
1.32 	239.31; 239.35; 239.36; 239.51; 239.511; 239.53; 239.54; 332.45; 386.61, 
1.33 	subdivisions 1, 2, 4; Minnesota Statutes 2013 Supplement, sections 82.63, 
1.34 	subdivision 8; 82A.06, subdivision 2; Minnesota Rules, parts 2782.0200; 
1.35 	2782.0300; 2782.0400; 2782.0500; 2782.0600; 2782.0700; 2782.0800; 
1.36 	2795.2000; 2830.0010; 2830.0020; 2830.0030; 2830.0040; 2830.0050; 
1.37 	2830.0060; 2830.0070; 2830.0080; 2830.0090; 2830.0100; 2870.0100; 
1.38 	2870.1100; 2870.1200; 2870.1400; 2870.1700; 2870.1800; 2870.1900; 
1.39 	2870.2000; 2870.2100; 2870.2200; 2870.2300; 2870.3100; 2870.3200; 
2.1 	2870.3300; 2870.3400; 2870.3500; 2870.3600; 2870.3700; 2870.3800; 
2.2 	2870.3900; 2870.4000; 2870.4100; 2870.5100; 7601.7010; 7601.7090, subpart 
2.3 	3; 7602.0100; 7606.0010; 7606.0020, subparts 1, 2, 3, 4, 5, 5a, 6, 8, 9, 
2.4 	10; 7606.0030; 7606.0040; 7606.0050; 7606.0060; 7606.0070; 7606.0080; 
2.5 	7630.0110; 7630.0120; 7630.0200; 7630.0210; 7630.0220; 7630.0300; 
2.6 	7630.0310; 7630.0320; 7630.0330; 7630.0340; 7630.0350; 7630.0360.
2.7 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

2.8 	ARTICLE 1
2.9 	OBSOLETE, UNNECESSARY, OR REDUNDANT PROVISIONS

2.10 	Section 1. Minnesota Statutes 2012, section 45.22, is amended to read:
2.11 	45.22 LICENSE EDUCATION APPROVAL.
2.12 	License education courses must be approved in advance by the commissioner. 
2.13 	Each education provider who offers a license education course must be approved by the 
2.14 	commissioner. Each approved education provider must have at least one coordinator who 
2.15 	meets the criteria specified in this chapter, and who is responsible for supervising the 
2.16 	educational program and assuring compliance with all laws and rules.
2.17 	For courses with an initial approval date on or before December 31, 2000, approval 
2.18 	will expire on April 30, 2006. For courses with an initial approval date after January 1, 
2.19 	2001, but before August 1, 2005, approval will expire on April 30, 2007.

2.20 	Sec. 2. Minnesota Statutes 2012, section 45.23, is amended to read:
2.21 	45.23 LICENSE EDUCATION FEES.
2.22 	The following fees must be paid to the commissioner:
2.23 	(1) initial course approval, $10 for each hour or fraction of one hour of education 
2.24 	course approval sought. Initial course approval expires on the last day of the 24th month 
2.25 	after the course is approved;
2.26 	(2) renewal of course approval, $10 per course. Renewal of course approval expires 
2.27 	on the last day of the 24th month after the course is renewed;
2.28 	(3) initial education provider approval, $100. Initial education provider approval 
2.29 	issued under this section is valid for a period not to exceed 24 months and expires on 
2.30 	January 31 of the renewal year assigned by the commissioner. Active education providers 
2.31 	who have at least one approved coordinator as of June 1, 2006, are deemed to be approved 
2.32 	education providers and are not required to submit an initial application for education 
2.33 	provider approval; and
2.34 	(4) renewal of education provider approval, $10. Each renewal of education 
2.35 	provider approval is valid for a period of 24 months. Active education providers who have 
3.1 	at least one approved coordinator as of June 1, 2006, will have an expiration date of 
3.2 	January 31, 2008.

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

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

3.22 	Sec. 5. Minnesota Statutes 2012, section 47.325, is amended to read:
3.23 	47.325 APPEAL AND JUDICIAL REVIEW.
3.24 	A savings bank aggrieved by any action or inaction of the commissioner under 
3.25 	sections 47.27 to 47.30 may appeal under sections 14.63 to 14.69. The scope of judicial 
3.26 	review in the proceedings is as provided in those sections.

3.27 	Sec. 6. Minnesota Statutes 2012, section 53A.06, is amended to read:
3.28 	53A.06 FINE, SUSPENSION, OR REVOCATION OF LICENSE.
3.29 	(a) The commissioner may suspend or revoke any license under section 45.027if, 
3.30 	including when the commissioner finds that:
4.1 	(1) the licensee has failed to pay the annual license fee or to maintain in effect the 
4.2 	required bond or to comply with any order, decision, or finding of the commissioner 
4.3 	under this chapter;
4.4 	(2) the licensee, or any officer or director of a corporate licensee, has violated any 
4.5 	provision of this chapter or any rule or order of the commissioner under this chapter 
4.6 	or chapter 45;
4.7 	(3) the licensee, or any officer or director of a corporate licensee, has violated any 
4.8 	other law which would indicate that the person is untrustworthy or not qualified to operate 
4.9 	a currency exchange; or
4.10 	(4) any fact or condition exists which, if it had existed at the time of the original or 
4.11 	renewal application for the license, would have warranted the commissioner refusing the 
4.12 	issuance of the license.
4.13 	(b) A license may not be revoked until the licensee has had notice of a hearing 
4.14 	pursuant to the provisions of chapter 14.
4.15 	(c) (b) A licensee may surrender any license by delivery to the commissioner. The 
4.16 	surrender does not affect the licensee's civil or criminal liability for acts committed before 
4.17 	the surrender, or affect the liability on the bond required by sections 53A.01 to 53A.13, or 
4.18 	entitle the licensee to a return of any part of any license fee.
4.19 	(d) (c) Before suspension or revocation of the license, the commissioner may fine a 
4.20 	licensee for violations of this chapter as authorized under chapter 45.

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

6.7 	Sec. 8. Minnesota Statutes 2012, section 56.14, is amended to read:
6.8 	56.14 DUTIES OF LICENSEE.
6.9 	Every licensee shall:
6.10 	(1) deliver to the borrower (or if there are two or more borrowers to one of them) at 
6.11 	the time any loan is made a statement making the disclosures and furnishing the information 
6.12 	required by the federal Truth-in-Lending Act, United States Code, title 15, sections 1601 
6.13 	to 1667e, as amended from time to time, with respect to the contract of loan. A copy of the 
6.14 	loan contract may be delivered in lieu of a statement if it discloses the required information;
6.15 	(2) deliver or mail to the borrower without request, a written receipt within 30 
6.16 	days following payment for each payment by coin or currency made on account of any 
6.17 	loan wherein charges are computed and paid on unpaid principal balances for the time 
6.18 	actually outstanding, specifying the amount applied to charges and the amount, if any, 
6.19 	applied to principal, and stating the unpaid principal balance, if any, of the loan; and 
6.20 	wherein precomputed charges have been added to the principal of the loan specifying the 
6.21 	amount of the payment applied to principal and charges combined, the amount applied 
6.22 	to default or extension charges, if any, and stating the unpaid balance, if any, of the 
6.23 	precomputed loan contract. A periodic statement showing a payment received by mail 
6.24 	complies with this clause;
6.25 	(3) permit payment to be made in advance in any amount on any contract of loan at 
6.26 	any time, but the licensee may apply the payment first to all charges in full at the agreed 
6.27 	rate up to the date of the payment;
6.28 	(4) upon repayment of the loan in full, mark indelibly every obligation and security, 
6.29 	other than a mortgage or security agreement which secures a new loan to the licensee, 
6.30 	signed by the borrower with the word "Paid" or "Canceled," and release any mortgage 
6.31 	or security agreement which no longer secures a loan to the licensee, restore any pledge, 
6.32 	and cancel and return any note, and any assignment given to the licensee which does not 
6.33 	secure a new loan to the licensee within 20 days after the repayment. For purposes of this 
6.34 	requirement, the document including actual evidence of an obligation or security may be 
7.1 	maintained, stored, and retrieved in a form or format acceptable to the commissioner 
7.2 	under section 46.04, subdivision 3;
7.3 	(5) display prominently in each licensed place of business a full and accurate 
7.4 	schedule, to be approved by the commissioner, of the charges to be made and the method 
7.5 	of computing the same; furnish a copy of the contract of loan to any person obligated on it 
7.6 	or who may become obligated on it at any time upon the request of that person;
7.7 	(6) show in the loan contract or statement of loan the rate or rates of charge on which 
7.8 	the charge in the contract is based, expressed in terms of rate or rates per annum. The 
7.9 	rate expression shall be printed in at least 8-point type on the loan statement or copy of 
7.10 	the loan contract given to the borrower;.
7.11 	(7) if a payment results in the prepayment of three or more installment payments 
7.12 	on a precomputed loan, within 15 days of receipt of the prepayment, deliver or mail to 
7.13 	the borrower a notice in at least eight-point type. The notice must contain the following 
7.14 	statement:
7.15 	"You have substantially prepaid the installment payments on your loan and may 
7.16 	experience an interest savings over the remaining term only if you refinance the 
7.17 	balance within the next 30 days."

7.18 	Sec. 9. Minnesota Statutes 2012, section 58.115, is amended to read:
7.19 	58.115 EXAMINATIONS.
7.20 	The commissioner has under this chapter the same powers with respect to 
7.21 	examinations that the commissioner has under section 46.04, including the authority to 
7.22 	charge for the direct costs of the examination, including travel and per diem expenses.

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

7.29 	Sec. 11. Minnesota Statutes 2012, section 60A.131, is amended to read:
7.30 	60A.131 OTHER BUSINESS AND INSURANCE INTERESTS, DISCLOSURE.
7.31 	(a) If requested by the commissioner, an insurance company authorized to do 
7.32 	business in this state shall disclose to the commissioner any changes in the principal 
8.1 	management and directors of the company from that listed on page one of the annual 
8.2 	statement within ten days of such change.
8.3 	(b) Every insurance company authorized to do business in this state shall notify the 
8.4 	commissioner within ten days after receipt of notice of any acquisition by any person, 
8.5 	association or corporation of stock or other equity security in said insurer where such 
8.6 	transaction, directly or indirectly, either involves five percent or more of any class of any 
8.7 	equity security of said insurer, or such acquisition results in ownership of five percent or 
8.8 	more of any equity security of said insurer.
8.9 	(c) All principal management and directors of the company as listed on page one of 
8.10 	its annual statement, and any person, association or corporation or any person or persons 
8.11 	managing such company under a management contract, who are directly or indirectly the 
8.12 	beneficial owners of more than five percent of any class of any equity security of a stock 
8.13 	insurer or guaranty fund of a mutual insurer, shall disclose all other interests in excess 
8.14 	of five percent which they may have in insurance agencies, other insurance companies, 
8.15 	premium finance companies and any other companies whose principal business relates 
8.16 	directly to the writing of insurance or the handling of claims, within 30 days following 
8.17 	May 21, 1967. Any such interests acquired after May 21, 1967, shall be reported to the 
8.18 	commissioner within 30 days after acquisition thereof.
8.19 	(d) Every company applying for an initial certificate of authority to do business in this 
8.20 	state shall file with the application a statement giving the information required in paragraph 
8.21 	(c) as to its principal management, directors and affected holders of its equity securities.

8.22 	Sec. 12. Minnesota Statutes 2012, section 72B.03, is amended to read:
8.23 	72B.03 LICENSES.
8.24 		Subdivision 1.Requirement; exceptions. (a) A person shall not act or hold out as 
8.25 	an independent adjuster, or public adjuster, or public adjuster solicitor unless the person 
8.26 	is licensed as an independent adjuster, or public adjuster, or public adjuster solicitor in 
8.27 	accordance with this chapter, or is exempt from licensure as an independent adjuster, or
8.28 	 public adjuster, or public adjuster solicitor under this chapter.
8.29 	(b) The definition of adjuster does not include, and a license as an adjuster is not 
8.30 	required of, the following:
8.31 	(1) attorneys-at-law admitted to practice in this state, when acting in the attorney's 
8.32 	professional capacity as an attorney;
8.33 	(2) a person employed solely to obtain facts surrounding a claim or to furnish 
8.34 	technical assistance to a licensed adjuster;
9.1 	(3) an individual who is employed to investigate suspected fraudulent insurance 
9.2 	claims but who does not adjust losses or determine claims payments;
9.3 	(4) a person who solely performs executive, administrative, managerial, or clerical 
9.4 	duties or any combination of these duties and who does not investigate, negotiate, or settle 
9.5 	claims with policyholders, claimants, or their legal representative;
9.6 	(5) a licensed health care provider or its employee who provides managed care 
9.7 	services so long as the services do not include the determination of compensability;
9.8 	(6) a managed care organization or any of its employees or an employee of any 
9.9 	organization providing managed care services so long as the services do not include the 
9.10 	determination of compensability;
9.11 	(7) a person who settles only reinsurance or subrogation claims;
9.12 	(8) an officer, director, manager, or employee of an authorized insurer, a surplus lines 
9.13 	insurer, a risk retention group, or an attorney-in-fact of a reciprocal insurer;
9.14 	(9) a United States manager of the United States branch of an alien insurer;
9.15 	(10) a person who investigates, negotiates, or settles life, accident and health, 
9.16 	annuity, or disability insurance claims;
9.17 	(11) an individual employee, under a self-insured arrangement, who adjusts claims 
9.18 	on behalf of the employee's employer;
9.19 	(12) a licensed insurance producer, attorney-in-fact of a reciprocal insurer, or 
9.20 	managing general agent of the insurer to whom claim authority has been granted by the 
9.21 	insurer;
9.22 	(13) a person authorized to adjust workers' compensation or disability claims under 
9.23 	the authority of a third-party administrator license pursuant to section 60A.23, subdivision 
9.24 	8; or
9.25 	(14) an individual who:
9.26 	(i) collects claim information from, or furnishes claim information to, insureds or 
9.27 	claimants; and
9.28 	(ii) conducts data entry including entering data into an automated claims adjudication 
9.29 	system, provided that the individual is an employee of a licensed independent adjuster or 
9.30 	its affiliate where no more than 25 such persons are under the supervision of one licensed 
9.31 	independent adjuster or licensed insurance producer who is exempt from licensure under 
9.32 	clause (12).
9.33 		Subd. 2.Classes of licenses. (a) Unless denied licensure pursuant to section 72B.08, 
9.34 	persons who have met the requirements of section 72B.041 must be issued an adjuster 
9.35 	license. There shall be four three classes of licenses, as follows:
9.36 	(1) independent adjuster's license;
10.1 	(2) public adjuster's license; and
10.2 	(3) public adjuster solicitor's license; and
10.3 	(4) (3) crop hail adjuster's license.
10.4 	(b) An independent adjuster and a public adjuster may qualify for a license in one or 
10.5 	more of the following lines of authority:
10.6 	(1) property and casualty; or
10.7 	(2) workers' compensation; or
10.8 	(3) crop.
10.9 	(c) Any person holding a license pursuant to this section is not required to hold any 
10.10 	other independent adjuster, public adjuster, insurance, or self-insurance administrator 
10.11 	license in this state pursuant to section 60A.23, subdivision 8, or any other provision, 
10.12 	provided that the person does not act as an adjuster with respect to life, health, or annuity 
10.13 	insurance, other than disability insurance.
10.14 	(d) An adjuster license remains in effect unless probated, suspended, revoked, or 
10.15 	refused as long as the fee set forth in section 72B.041, subdivision 9, is paid and all other 
10.16 	requirements for license renewal are met by the due date, otherwise, the license expires.
10.17 	(e) An adjuster whose license expires may, within 12 months of the renewal date, 
10.18 	be reissued an adjuster license upon receipt of the renewal request, as prescribed by the 
10.19 	commissioner; however, a penalty in the amount of double the unpaid renewal fee is 
10.20 	required to reissue the expired license.
10.21 	(f) An adjuster who is unable to comply with license renewal procedures and 
10.22 	requirements due to military service, long-term medical disability, or some other 
10.23 	extenuating circumstance may request a waiver of same and a waiver of any examination 
10.24 	requirement, fine, or other sanction imposed for failure to comply with renewal procedures.
10.25 	(g) An adjuster is subject to sections 72A.17 to 72A.32.
10.26 	(h) The adjuster must inform the commissioner by any means acceptable of any 
10.27 	change in resident or business addresses for the home state or in legal name within 30 
10.28 	days of the change.
10.29 	(i) The license must contain the licensee's name, address, and personal identification 
10.30 	number; the dates of issuance and expiration; and any other information the commissioner 
10.31 	deems necessary.
10.32 	(j) In order to assist in the performance of the commissioner's duties, the 
10.33 	commissioner may contract with nongovernmental entities, including the National 
10.34 	Association of Insurance Commissioners, its affiliates, or its subsidiaries, to perform any 
10.35 	ministerial functions related to licensing that the commissioner may deem appropriate, 
10.36 	including the collection of fees and data.
11.1 		Subd. 3.Payment for services; unlawful practice. No insurer, agent, or other 
11.2 	representative of an insurer nor any adjuster shall pay any fee or other compensation to 
11.3 	any person for acting as an adjuster, or a public adjuster solicitor, except to a person 
11.4 	duly licensed to so act or to a person not required to be licensed by sections 72B.01 to 
11.5 	72B.14; and it shall be unlawful for any person to act as an independent adjuster, or
11.6 	 a public adjuster or a public adjuster solicitor, who is not duly licensed, or excluded 
11.7 	from the licensing requirement.

11.8 	Sec. 13. Minnesota Statutes 2012, section 72B.041, subdivision 1, is amended to read:
11.9 		Subdivision 1.Application. (a) An individual applying for a resident adjuster 
11.10 	license must make application to the commissioner on the appropriate National 
11.11 	Association of Insurance Commissioners (NAIC) Uniform Individual Application in 
11.12 	a format prescribed by the commissioner and declare under penalty of suspension, 
11.13 	revocation, or refusal of the license that the statements made in the application are true, 
11.14 	correct, and complete to the best of the individual's knowledge and belief. Before 
11.15 	approving the application, the commissioner must find that the individual:
11.16 	(1) is at least 18 years of age;
11.17 	(2) is eligible to designate this state as the individual's home state;
11.18 	(3) is trustworthy, reliable, and of good reputation, evidence of which must be 
11.19 	determined by the commissioner;
11.20 	(4) has not committed any act that is a ground for probation, suspension, revocation, 
11.21 	or refusal of an adjuster's license as set forth in section 72B.08;
11.22 	(5) has successfully passed the examination for the lines of authority for which 
11.23 	the individual has applied; and
11.24 	(6) has paid the fees set forth in subdivision 9.
11.25 	An applicant for licensing as a public adjuster solicitor under sections 72B.01 to 
11.26 	72B.14 must be at least 18 years of age, must be competent and trustworthy, and must not 
11.27 	have been engaged in any practice which would be grounds for suspension or revocation 
11.28 	of a license under sections 72B.01 to 72B.14 within the three years next preceding the 
11.29 	date of the application.
11.30 	In the case of any applicant who has been convicted of a felony within the ten years 
11.31 	next preceding the date of the application, and who in the judgment of the commissioner, 
11.32 	meets the other qualifications, the commissioner may impose the additional requirement of 
11.33 	the filing of a bond in accordance with the requirements of section 72B.08, subdivision 8.
11.34 	(b) A business entity applying for a resident adjuster license must make application 
11.35 	to the commissioner on the appropriate NAIC Uniform Business Entity Application 
12.1 	in a format prescribed by the commissioner and declare under penalty of suspension, 
12.2 	revocation, or refusal of the license that the statements made in the application are true, 
12.3 	correct, and complete to the best of the business entity's knowledge and belief. Before 
12.4 	approving the application, the commissioner shall find that the business entity:
12.5 	(1) is eligible to designate this state as its home state;
12.6 	(2) has designated a licensed independent or public adjuster responsible for the 
12.7 	business entity's compliance with the insurance laws, rules, and regulations of this state;
12.8 	(3) has not committed an act that is a ground for probation, suspension, revocation, 
12.9 	or refusal of an adjuster's license as set forth in section 72B.08; and
12.10 	(4) has paid the fees set forth in subdivision 9.
12.11 	(c) No resident of Canada may be licensed under this section or may designate 
12.12 	Minnesota as the applicant's home state, unless the applicant has successfully passed 
12.13 	the adjuster examination and has complied with the other applicable provisions of this 
12.14 	section, except that such applicant shall not be subject to paragraph (a), clause (2), and 
12.15 	section 270C.72, subdivision 4.

12.16 	Sec. 14. Minnesota Statutes 2012, section 72B.08, subdivision 1, is amended to read:
12.17 		Subdivision 1.Causes. The commissioner may place on probation, suspend, revoke, 
12.18 	or refuse to issue or renew an adjuster's license or temporary permit or may levy a civil 
12.19 	penalty according to section 45.027, subdivision 6, or any combination of the above 
12.20 	actions for any of the following causes:
12.21 	(1) failure to pass a required examination;
12.22 	(2) obtaining or attempting to obtain a license through misrepresentation or fraud 
12.23 	providing incorrect, misleading, incomplete, or materially untrue information in the 
12.24 	license application;
12.25 	(3) violating any insurance laws, rules, subpoena, or order of the commissioner or of 
12.26 	another state's insurance commissioner or any provision of sections 72B.01 to 72B.14;
12.27 	(4) improperly withholding, misappropriating, or converting any money or 
12.28 	properties received in the course of doing insurance business;
12.29 	(5) intentionally misrepresenting the terms of an actual or proposed insurance 
12.30 	contract or application for insurance, with intent to deceive, or engaging in, or attempting 
12.31 	to engage in, any fraudulent transaction with respect to a claim or loss that the licensee or 
12.32 	holder of a temporary permit is adjusting and, in the case of a public adjuster solicitor, 
12.33 	misrepresenting the services offered or the fees or commission to be charged;
12.34 	(6) conviction of a felony under the laws of this state, any other state, the United 
12.35 	States, or any foreign country;
13.1 	(7) the licensee or holder of a temporary permit has demonstrated incompetency or 
13.2 	untrustworthiness to act as an adjuster or public adjuster solicitor;
13.3 	(8) refusal to comply with any lawful order of the commissioner;
13.4 	(9) having admitted or been found to have committed any insurance unfair trade 
13.5 	practice or fraud;
13.6 	(10) using fraudulent, coercive, or dishonest practices, or demonstrating 
13.7 	incompetence, untrustworthiness, or financial irresponsibility, in the conduct of insurance 
13.8 	business in this state or elsewhere;
13.9 	(11) having an insurance license, or its equivalent, probated, suspended, revoked, or 
13.10 	refused in any other state, province, district, or territory;
13.11 	(12) forging another's name to any document related to an insurance transaction;
13.12 	(13) cheating, including improperly using notes or any other reference material, to 
13.13 	complete an examination for an insurance license;
13.14 	(14) failing to comply with an administrative or court order imposing a child support 
13.15 	obligation; or
13.16 	(15) failing to pay state income tax or comply with any administrative or court order 
13.17 	directing payment of state income tax which remains unpaid.

13.18 	Sec. 15. Minnesota Statutes 2012, section 72B.135, subdivision 2, is amended to read:
13.19 		Subd. 2.Writing required; notice of right to cancel; notice of cancellation. (a) 
13.20 	Before entering a contract referred to in subdivision 1, the public adjuster must:
13.21 	(1) furnish the insured with a statement in boldface type of a minimum size of ten 
13.22 	points, in substantially the following form:
13.23 	"You, the insured, may cancel this contract at any time within 72 hours after the 
13.24 	contract has been signed between the insured and the public adjuster. See attached notice 
13.25 	of cancellation form for an explanation of this right."; and
13.26 	(2) furnish each insured, a fully completed form in duplicate, captioned, "NOTICE 
13.27 	OF CANCELLATION," which shall be attached to the contract and easily detachable, 
13.28 	and which shall contain in boldface type of a minimum size of ten points the following 
13.29 	information and statements:
13.30 	"NOTICE OF CANCELLATION

13.31		........
		
13.32		(enter date of contract)
		
13.33 	If you do not want to go forward with the contract with the public adjuster, you may 
13.34 	cancel the contract by mailing or delivering a signed and dated copy of this cancellation 
13.35 	notice or any other written notice, or send a telegram to (Name of Public Adjuster), at 
14.1 	(Address of Public Adjuster's Place of Business) not later than midnight of (Date). If you 
14.2 	cancel, any payments made by you under the contract will be returned within ten business 
14.3 	days following receipt by the public adjuster of your cancellation notice.

14.4		I HEREBY CANCEL THIS TRANSACTION.
	
14.5		........
		
14.6		(date)
			
14.7		........
		
14.8		(Insured's signature)"

14.9 	EFFECTIVE DATE. This section is effective the day following final enactment 
14.10 	and applies to contracts entered into on or after that date.

14.11 	Sec. 16. Minnesota Statutes 2012, section 82.63, subdivision 6, is amended to read:
14.12 		Subd. 6.Terminations; transfers. (a) Except as provided in paragraph (b), When a 
14.13 	salesperson terminates activity on behalf of a broker, the salesperson's license shall be 
14.14 	ineffective. Within ten days of the termination the broker shall notify the commissioner 
14.15 	in writing, and shall return to the commissioner the license of the salesperson the form 
14.16 	prescribed by the commissioner. The salesperson may apply for transfer of the license 
14.17 	to active status with another broker at any time during the remainder of the license 
14.18 	period, on forms provided by the commissioner. If the application for transfer qualifies, 
14.19 	the commissioner shall grant the application. Upon receipt of a transfer application and 
14.20 	payment of the transfer fee, the commissioner may issue a 45-day temporary license. If 
14.21 	an application for transfer is not made within the license period, the commissioner shall 
14.22 	require that an application for a new license be filed.
14.23 	(b) When a salesperson terminates activity on behalf of a broker in order to begin 
14.24 	association immediately with another broker, the commissioner shall permit the automatic 
14.25 	transfer of the salesperson's license. The transfer shall be effective either upon the mailing 
14.26 	of the required fee and the executed documents by certified mail or upon personal delivery 
14.27 	of the fee and documents to the commissioner's office. The commissioner may adopt rules 
14.28 	and prescribe forms as necessary to implement this paragraph.

14.29 	Sec. 17. Minnesota Statutes 2012, section 82A.03, is amended to read:
14.30 	82A.03 REGISTRATION REQUIREMENT.
14.31 	It is unlawful for any person to offer or sell a membership camping contract in this 
14.32 	state unless: without meeting the requirements of this chapter.
14.33 	(1) the membership camping contract is registered in accordance with the provisions 
14.34 	of this chapter; or
15.1 	(2) the membership camping contract or the transaction is exempted under section 
15.2 	82A.06.

15.3 	Sec. 18. Minnesota Statutes 2012, section 82A.09, subdivision 2, is amended to read:
15.4 		Subd. 2.Restrictions. No person shall publish or cause to be published in this state 
15.5 	any advertisement concerning any membership camping contract which is required to be 
15.6 	registered pursuant to this chapter, or which is exempt from registration under section 
15.7 	82A.06, subdivision 2, after the commissioner has found that the advertisement contains 
15.8 	any statement that is false or misleading, or omits to make any statement necessary in 
15.9 	order to make the statements made, in light of the circumstances under which they were 
15.10 	made, not misleading, and has so notified the person by written order. The order may be 
15.11 	issued without prior notice or hearing. Up to 30 days after the issuance of the order, the 
15.12 	person desiring to use the advertisement may in writing request a hearing on the order. 
15.13 	Upon receipt of a written request, the matter shall be set for hearing to commence within 
15.14 	15 days after the receipt unless the person making the request consents to a later date. 
15.15 	After the hearing, which shall be conducted in accordance with the provisions of chapter 
15.16 	14, the commissioner shall, by written order, either affirm, modify, or vacate the order.

15.17 	Sec. 19. Minnesota Statutes 2012, section 82A.10, is amended to read:
15.18 	82A.10 INSPECTION OF RECORDS.
15.19 	All records of a membership camping operator and broker and their agents pertaining 
15.20 	to the advertising or sale of membership camping contracts in this state shall be maintained 
15.21 	by the membership camping operator or broker at that person's principal place of business 
15.22 	and shall there be subject to inspection by the commissioner during normal business hours. 
15.23 	The commissioner shall be promptly notified of any change of address affecting the location 
15.24 	of the records of the membership camping operator or broker and that person's agents.

15.25 	Sec. 20. Minnesota Statutes 2012, section 82A.111, subdivision 2, is amended to read:
15.26 		Subd. 2.Membership camping dues. A membership camping operator or the 
15.27 	operator's salesperson shall deposit all membership dues received in an escrow account in a 
15.28 	Minnesota bank, trust company, or savings association, a foreign bank which authorizes the 
15.29 	commissioner to examine its records of these deposits upon demand by the commissioner, 
15.30 	or an industrial loan and thrift company organized under chapter 53 with deposit liabilities. 
15.31 	In any calendar year, total dues to be deposited in the escrow may not exceed an amount 
15.32 	approved by the commissioner as reasonably needed for that calendar year's maintenance 
16.1 	budget submitted by the operator. The operator may draw funds from the escrow as 
16.2 	needed provided that funds are expended for purposes identified by the budget.

16.3 	Sec. 21. Minnesota Statutes 2012, section 82A.12, subdivision 1, is amended to read:
16.4 		Subdivision 1.Generally. The commissioner may issue a cease and desist order 
16.5 	and may issue an order denying, suspending, or revoking any registration, amendment 
16.6 	renewal, or exemption if the commissioner finds any of the following:
16.7 	(1) that the membership camping operator or registrant or any controlling person 
16.8 	thereof has materially or intentionally violated or failed to comply with any provision of 
16.9 	this chapter or any rule or order of the commissioner;
16.10 	(2) that the offer or sale of the membership camping contract has constituted or 
16.11 	would constitute a material misrepresentation to purchasers, or has operated or would 
16.12 	operate as a fraud or deceit upon purchasers;
16.13 	(3) that the membership camping operator or registrant or any controlling person, 
16.14 	agent, or employee thereof, is engaging or about to engage in false, fraudulent, or deceptive 
16.15 	practices in connection with the offer and sale of a membership camping contract;
16.16 	(4) that the membership camping operator or registrant or any controlling person or 
16.17 	employee thereof, has engaged in any fraudulent or deceptive practice, whether or not in 
16.18 	connection with the offer and sale of membership camping contracts, and the involvement 
16.19 	of the person in the business of the membership camping operator or registrant creates a 
16.20 	substantial risk of harm to prospective purchasers;
16.21 	(5) that the financial condition of the membership camping operator materially 
16.22 	adversely affects, or would materially adversely affect, the ability of the membership 
16.23 	camping operator such that there is a reasonable likelihood that the membership camping 
16.24 	operator will not be able to substantially fulfill its obligations under the membership 
16.25 	camping contract, and no other financial security or assurance is provided by the 
16.26 	membership camping operator to fulfill the obligations;
16.27 	(6) that the membership camping operator's or registrant's enterprise or method of 
16.28 	business with respect to the operation of a campground in this state includes or would 
16.29 	include activities which are illegal or not in conformance with applicable statutes, 
16.30 	ordinances, or regulations of any governmental entity; and
16.31 	(7) that the membership camping operator or registrant or any controlling person 
16.32 	thereof has made material misrepresentations or concealed material facts in an application 
16.33 	for registration;
16.34 	(8) that any fee required by this chapter to be paid by the operator or registrant has 
16.35 	not been paid; and
17.1 	(9) (7) that the membership camping operator or controlling person, agent, or 
17.2 	employee thereof, has failed faithfully to perform any stipulation or agreement made with 
17.3 	the commissioner as an inducement to grant any registration, to reinstate any registration, 
17.4 	or to permit any disclosure statement; provided, however, that this clause shall not be 
17.5 	deemed to require any stipulations or agreements.

17.6 	Sec. 22. Minnesota Statutes 2013 Supplement, section 82A.13, subdivision 1, is 
17.7 	amended to read:
17.8 		Subdivision 1.Untrue statements filed in documents. No person shall make 
17.9 	or cause to be made any untrue statement of a material fact in an application or other 
17.10 	document filed with the commissioner under this chapter, or omit to state in the application 
17.11 	or other document any material fact which is required to be stated therein, or fail to notify 
17.12 	the commissioner of any material change as required by section 82A.07.

17.13 	Sec. 23. Minnesota Statutes 2012, section 82A.14, is amended to read:
17.14 	82A.14 UNFAIR PRACTICES.
17.15 	No membership camping operator shall:
17.16 	(1) sell or offer to sell any membership camping contract with respect to a 
17.17 	campground located in this state which is subject to a blanket encumbrance unless;
17.18 	(i) each person holding an interest in a blanket encumbrance shall have executed 
17.19 	and delivered a nondisturbance agreement and recorded the agreement in the real estate 
17.20 	records of the county in which the campground is located; or
17.21 	(ii) a bond or irrevocable letter of credit has been issued, or cash or a certified check in 
17.22 	an amount sufficient to cover payment of all amounts secured by the blanket encumbrance 
17.23 	has been deposited, in the name of the state for the benefit and protection of purchasers of 
17.24 	membership camping contracts and subject to terms as approved by the commissioner. 
17.25 	Any interest accruing on amounts held in the account shall be payable, as and when 
17.26 	earned, to the membership camping operator. Any bond shall be executed by an insurance 
17.27 	company authorized to do business in this state, which has sufficient net worth to satisfy 
17.28 	the indebtedness and which has given consent to be sued in this state. Any irrevocable 
17.29 	letter of credit shall be issued by a bank or savings association which has sufficient net 
17.30 	worth to satisfy the indebtedness and which has given its consent to be sued in this state. 
17.31 	The bond, cash, certified check, or irrevocable letter of credit shall be in an amount which 
17.32 	is not less than 110 percent of the remaining principal balance of every indebtedness or 
17.33 	obligation secured by a blanket encumbrance affecting the campground. The bond or 
17.34 	agreement accompanying the cash, certified check, or irrevocable bank letter of credit shall 
18.1 	provide for the payment of all amounts secured by the blanket encumbrance, including 
18.2 	costs, expenses, and legal fees of the lienholder, if for any reason the blanket encumbrance 
18.3 	is enforced. The bond, cash, certified check, or letter of credit may be reduced periodically 
18.4 	in proportion to the reductions in the amount secured by the blanket encumbrance; or
18.5 	(iii) the lender providing the major hypothecation loan to the membership camping 
18.6 	operator (the "hypothecation lender"), and having a lien on or security interest in the 
18.7 	membership camping operator's interest in the campground, shall have executed and 
18.8 	delivered a nondisturbance agreement and recorded the agreement in the real estate records 
18.9 	of the county in which the campground is located in this state. Each person holding an 
18.10 	interest in a blanket encumbrance superior to the interest held by the hypothecation lender 
18.11 	shall have executed, delivered, and recorded an instrument stating that the person shall 
18.12 	give the hypothecation lender notice of, and at least 30 days' opportunity to cure, any 
18.13 	default under the blanket encumbrance which entitles the person to foreclose upon the 
18.14 	campground. The instrument shall state that the notice and opportunity to cure shall be 
18.15 	given before the person commences any foreclosure action affecting the campground and 
18.16 	in accordance with the instrument. The hypothecation lender shall have guaranteed that 
18.17 	it will cure or arrange for the cure of the default. Any holder of a blanket encumbrance 
18.18 	inferior to the hypothecation lender who acquires the campground in foreclosure shall 
18.19 	take the campground subject to the hypothecation lender's nondisturbance agreement. 
18.20 	For purposes of this provision, a "hypothecation lender" is any lender extending a loan 
18.21 	or line of credit to a membership camping operator secured by all or substantially all 
18.22 	of the contract receivables arising from the membership camping operator's sale of 
18.23 	membership camping contracts in this state. For purposes of this provision, "lender" 
18.24 	means an insurance company or a federally or state chartered bank, savings association, 
18.25 	any other lending institution, the deposits of which are guaranteed or insured, by a federal 
18.26 	agency, or any other person which has sufficient net worth to pay the obligations pursuant 
18.27 	to this section if there are no reasonable grounds to believe that the lender will not be able 
18.28 	to pay these obligations in the future; or
18.29 	(iv) the operator can provide an alternative plan acceptable to the commissioner;
18.30 	(2) sell any campground which is located in this state and available for use by 
18.31 	purchasers, unless:
18.32 	(i) the membership camping operator sells the campground to a person who takes 
18.33 	the campground subject to all rights and interests of purchasers, and contractually agrees 
18.34 	not to compromise the rights and interests of purchasers in regard to future conveyances 
18.35 	of, or encumbrances placed on the campground;
19.1 	(ii) the membership camping operator immediately substitutes for the use of 
19.2 	purchasers another campground which is in the same general area and is at least as 
19.3 	desirable for the purpose of camping and outdoor recreation as the previous campground. 
19.4 	For purposes of this provision, "same general area" means a location within a 50-mile 
19.5 	radius of the previous campground; or
19.6 	(iii) the membership camping operator immediately substitutes for the use of 
19.7 	purchasers another campground and the substitution is approved by two-thirds of all 
19.8 	existing purchasers;
19.9 	(3) substitute any campground located in this state and available for use by 
19.10 	purchasers with a different campground, unless the substituted campground is in the same 
19.11 	general area and is at least as desirable for the purpose of camping and outdoor recreation 
19.12 	as the previous campground. For purposes of this provision, "same general area" means a 
19.13 	location within a 50-mile radius of the previous campground;
19.14 	(4) sell membership camping contracts with respect to any campground located 
19.15 	in this state that is not owned by the membership camping operator or leased by the 
19.16 	membership camping operator for a lease term at least equal to the term of the membership 
19.17 	camping contract with respect to the campground;
19.18 	(5) fail to disclose the circumstances, if any, under which any reciprocal program 
19.19 	that has been offered as an inducement to purchasers may be terminated;
19.20 	(6) materially modify any campground rules or regulations or modify purchasers' 
19.21 	rights to or the scope and nature of an amenity in a manner which significantly degrades or 
19.22 	diminishes the material rights of any purchaser without prior notice to purchasers resident 
19.23 	in this state; or materially adversely modify any material campground rules or regulations 
19.24 	or materially adversely modify purchaser's rights to or the scope and nature of an amenity 
19.25 	in a manner which the purchaser proves:
19.26 	(i) significantly degrades or diminishes any material rights of that purchaser; and
19.27 	(ii) has no compensating benefit to any other purchaser or groups of purchasers;
19.28 	(7) terminate or provide for termination of a membership camping contract, except 
19.29 	for good cause. "Good cause" shall mean failure of the purchaser to substantially or 
19.30 	consistently comply with reasonable requirements imposed by the membership camping 
19.31 	contract and campground rules and regulations;
19.32 	(8) terminate a membership camping contract without first giving written notice 
19.33 	setting forth all reasons for the termination to the purchaser at least 30 days prior to the 
19.34 	termination becoming effective;
20.1 	(9) increase a purchaser's membership dues after the sale of a contract in such 
20.2 	a manner as to result in an increase thereof greater than whichever of the following 
20.3 	increases is higher:
20.4 	(i) the actual increase in costs of services or improvements for which the membership 
20.5 	dues are imposed; or
20.6 	(ii) the increase in the United States city average Consumer Price Index for all 
20.7 	urban consumers issued by the United States Bureau of Labor Statistics or such other 
20.8 	federally prepared Consumer Price Index or Wage Earner Index as reasonably selected 
20.9 	by the operator in its discretion;
20.10 	(10) require purchaser to certify the absence of any misrepresentation or other 
20.11 	violation of this chapter provided, however, that a purchaser's acknowledgment of receipt 
20.12 	of a copy of the membership camping contract shall not be deemed to constitute such 
20.13 	a certification;
20.14 	(11) require the purchaser to waive the right to assert against the membership 
20.15 	camping operator or any assignee any claim or defense the purchaser may have against the 
20.16 	membership camping operator under the membership camping contract; or
20.17 	(12) materially and repeatedly fail to maintain a campground in this state in the 
20.18 	manner contractually agreed upon.

20.19 	Sec. 24. Minnesota Statutes 2012, section 82A.22, subdivision 2, is amended to read:
20.20 		Subd. 2.Appointment of commissioner. When any person, including any 
20.21 	nonresident of this state, engages in conduct prohibited or made actionable by this chapter, 
20.22 	or any rule or order thereunder, and the person has not filed a consent to service of process 
20.23 	under subdivision 1 and personal jurisdiction over this person cannot otherwise be obtained 
20.24 	in this state, that conduct shall be considered equivalent to the person's appointment of 
20.25 	the commissioner or the commissioner's successor to be the person's attorney to receive 
20.26 	service of any lawful process in any noncriminal suit, action, or proceeding against the 
20.27 	person which grows out of that conduct and which is brought under this chapter or any rule 
20.28 	or order thereunder, with the same force and validity as if served on the person personally. 
20.29 	Service under this section shall be made in compliance with section 45.028, subdivision 2.

20.30 	Sec. 25. Minnesota Statutes 2012, section 82A.25, is amended to read:
20.31 	82A.25 CRIMINAL PENALTIES.
20.32 	Any person who willfully violates section 82A.03 by offering or selling unregistered, 
20.33 	nonexempt membership camping contracts or section 82A.13 or any order of the 
20.34 	commissioner pursuant thereto of which that person has notice, may be fined not more 
21.1 	than $5,000 or imprisoned not more than five years or both. Each of the acts specified 
21.2 	shall constitute a separate offense and a prosecution or conviction for any one of the 
21.3 	offenses shall not bar prosecution or conviction for any other offense.

21.4 	Sec. 26. Minnesota Statutes 2012, section 82A.26, is amended to read:
21.5 	82A.26 NONAPPLICABILITY OF CERTAIN LAW.
21.6 	Membership camping contracts registered pursuant to this chapter are exempt 
21.7 	from the provisions of chapter 83. To the extent that licensed salespersons and licensed 
21.8 	brokers engage in the offer or sale of membership camping contracts, those brokers and 
21.9 	salespersons are exempt from the licensing requirements of chapter 82.

21.10 	Sec. 27. Minnesota Statutes 2012, section 83.26, subdivision 2, is amended to read:
21.11 		Subd. 2.Generally; transactions. Unless the method of offer or sale is adopted 
21.12 	for the purpose of evasion of sections 83.20 to 83.42, 83.43 and 83.44, the following 
21.13 	transactions are exempt from sections 83.23, 83.24, 83.25, 83.28, 83.29, and 83.30:
21.14 	(a) the offer or sale of an interest in subdivided land by an owner, other than the 
21.15 	subdivider, acting as principal in a single or isolated transaction;
21.16 	(b) the offer or sale of all of the subdivided lands within a subdivision in a single 
21.17 	transaction to any person;
21.18 	(c) the offer or sale of subdivided land pursuant to an order of competent jurisdiction, 
21.19 	other than a court of bankruptcy;
21.20 	(d) the offer or sale of subdivided land consisting of not more than ten separate lots, 
21.21 	units, parcels, or interests in the aggregate, provided that no subdivider may make an 
21.22 	offer or sale of subdivided land pursuant to this exemption more than once during any 
21.23 	period of 12 consecutive months;
21.24 	(e) the offer or sale of subdivided lands which have been registered under section 
21.25 	83.23, subdivision 2, if there are no more than ten separate lots, units, parcels, or interests 
21.26 	remaining to be sold and no material change has occurred in the information on file with 
21.27 	the commissioner;
21.28 	(f) the offer and sale of subdivided land located within the corporate limits of a 
21.29 	municipality as defined in section 462.352, subdivision 2, which municipality has adopted 
21.30 	subdivision regulations as defined in section 462.352, except those lands described in 
21.31 	section 83.20, subdivision 13;
21.32 	(g) the offer and sale of apartments or condominium units as defined in chapters 515 
21.33 	and 515A, and units in common interest communities as defined in chapter 515B;
22.1 	(h) the offer and sale of subdivided lands used primarily for agricultural purposes 
22.2 	provided each parcel is at least ten acres in size;
22.3 	(i) the offer or sale of improved lots if:
22.4 	(1) the subdivider has filed with the commissioner, no later than ten business days 
22.5 	prior to the date of the first sale, a written notice of its intention to offer or sell improved 
22.6 	lots, which notice shall be accompanied by a fee of $50, together with a copy of the public 
22.7 	offering statement accepted by the situs state and the standard purchase agreement which 
22.8 	documents are required to be supplied by the subdivider to the purchaser; and
22.9 	(2) the subdivider deposits all downpayments in an escrow account until all 
22.10 	obligations of the subdivider to the purchaser, which are pursuant to the terms of the 
22.11 	purchase agreement to be performed prior to the closing, have been performed. The 
22.12 	subdivider shall provide the purchaser with a purchase receipt for the downpayment paid, 
22.13 	a copy of the escrow agreement and the name, address, and telephone number of the 
22.14 	escrow agent. The escrow agent shall be a bank located in Minnesota. All downpayments 
22.15 	shall be deposited in the escrow account within two business days after receipt; and
22.16 	(j) the offer of sale of subdivided lands by a subdivider that has been granted 
22.17 	an exemption from registration by the federal Department of Housing and Urban 
22.18 	Development under the multiple site subdivision exemption, if the subdivider provides a 
22.19 	written notice of the offer of sale to the commissioner before any offers or sale commence.
22.20 	The written notice must include the name of the subdivision, the county and state 
22.21 	in which the subdivision is located, and the number of lots in the subdivision, and a 
22.22 	notarized affidavit that all proposed improvements have been completed and the costs of 
22.23 	all the improvements have been fully paid, or that the cost of any uncompleted road 
22.24 	construction or survey expenses are covered by a bond or escrow account payable to the 
22.25 	entities responsible for providing or completing the roads or surveys. The escrow account 
22.26 	must be with an independent escrow agent.
22.27 	The subdivider must also provide to the commissioner a copy of the federal Housing 
22.28 	and Urban Development exemption order and the most recent annual confirmation letter 
22.29 	which indicates that the order is still in effect.
22.30 	If the closing services are provided by the subdivider or an affiliate of the subdivider, 
22.31 	purchasers must manually initial in the Housing and Urban Development Lot Information 
22.32 	Statement both the disclosure on all the liens, reservations, taxes, assessments, easements, 
22.33 	and restrictions applicable to the lot purchased and the disclosure on the risks of not 
22.34 	obtaining clear title.
23.1 	The commissioner may, by rule or order, suspend, revoke, or further condition the 
23.2 	exemptions contained in clauses (f), (g), (h), (i), and (j), or may require such further 
23.3 	information as may be necessary for the protection of purchasers.
23.4 	The commissioner may by rule or order suspend, revoke, or further condition 
23.5 	the exemptions contained in clauses (f), (g), (h), and (i) or may require such further 
23.6 	information as may be necessary for the protection of purchasers.

23.7 	Sec. 28. Minnesota Statutes 2012, section 83.30, subdivision 1, is amended to read:
23.8 		Subdivision 1.Form; due date. During the period a registration is effective, the 
23.9 	subdivider shall file an annual report in a format the commissioner may by rule prescribe
23.10 	 for subdivisions under section 83.23, subdivision 3. Subdividers under section 83.23, 
23.11 	subdivision 2, shall not be required to file the annual report form except by order of the 
23.12 	commissioner but are required to submit the fee under section 83.30, subdivision 2. The 
23.13 	report must include a financial statement of the subdivider's most recent fiscal year, 
23.14 	prepared by an accountant and certified by the subdivider. An audited financial statement 
23.15 	shall not be required. Every annual report shall be due by the 120th day following the end of 
23.16 	the subdivider's fiscal year, unless extended in writing by the commissioner for good cause.

23.17 	Sec. 29. Minnesota Statutes 2012, section 216C.03, is amended to read:
23.18 	216C.03 STATE GOVERNMENT ENERGY-SAVINGS PLAN.
23.19 	The commissioner of commerce, in coordination with the commissioners of the 
23.20 	agencies listed in section 15.01, the chancellor of the Minnesota State Colleges and 
23.21 	Universities, and the president of the University of Minnesota, shall identify policy options, 
23.22 	barriers, and economic benefits and costs for state government operations to achieve the 
23.23 	energy-savings goals in section 216B.2401 and the resulting carbon emissions reductions. 
23.24 	The commissioner of commerce must issue a report to the legislature by February 1, 2008.

23.25 	Sec. 30. Minnesota Statutes 2013 Supplement, section 237.036, is amended to read:
23.26 	237.036 COIN-OPERATED OR PUBLIC PAY TELEPHONES.
23.27 	(a) Neither commission approval nor a commission certificate is required to:
23.28 	(1) site a coin-operated or public pay telephone in the state; or
23.29 	(2) implement changes in service, services offered, rates, or location regarding a 
23.30 	coin-operated or public pay telephone. Registration under section 237.64 is required to 
23.31 	own or operate a coin-operated or public pay telephone in the state.
23.32 	(b) This section does not change the authority of other state or local government 
23.33 	entities to regulate aspects of coin-operated or public pay telephone ownership, location, 
24.1 	or operation; however, an entity may not regulate aspects of these services that it did not 
24.2 	regulate prior to May 26, 1999. The commission shall retain the authority delegated to 
24.3 	it under federal and state law to protect the public interest with regard to coin-operated 
24.4 	or public pay telephones.
24.5 	(c) Owners and operators of coin-operated or public pay telephones are exempt from 
24.6 	sections 237.06, 237.07, 237.075, 237.09, 237.23, 237.295, and 237.39 and the annual 
24.7 	reporting requirement of section 237.11.
24.8 	(d) Owners of coin-operated or public pay telephones shall:
24.9 	(1) provide immediate coin-free access, to the extent technically feasible, to 911 
24.10 	emergency service or to another approved emergency service; and
24.11 	(2) provide free access to the telecommunications relay service for people with 
24.12 	communication disabilities.
24.13 	(e) Owners of coin-operated or public pay telephones must post at each coin-operated 
24.14 	or public pay telephone location:
24.15 	(1) customer service and complaint information, including the name, address, and 
24.16 	telephone number of the owner of the coin-operated or public pay telephone and the 
24.17 	operator service handling calls from the coin-operated or public pay telephone; a toll-free 
24.18 	number of the appropriate telephone company for the resolution of complaints; and the 
24.19 	toll-free number of the public utilities commission; and
24.20 	(2) a toll-free number at which consumers can obtain pricing information regarding 
24.21 	rates, charges, terms, and conditions of local and long-distance calls.

24.22 	Sec. 31. Minnesota Statutes 2012, section 237.04, is amended to read:
24.23 	237.04 WIRE CROSSING OR PARALLELING UTILITY LINE; RULES.
24.24 	(a) The department shall determine and promulgate reasonable rules covering the 
24.25 	maintenance and operation, also the nature, location, and character of the construction to 
24.26 	be used, where telephone, telegraph, electric light, power, or other electric wires of any 
24.27 	kind, or any natural gas pipelines, cross, or more or less parallel the lines of any railroad, 
24.28 	or any other similar public service corporation; and, to this end, shall formulate and from 
24.29 	time to time, issue general rules covering each class of construction, maintenance, and 
24.30 	operation of such telephone, telegraph, telecommunications, cable, fiber optic, electric 
24.31 	wire, or natural gas pipeline crossing, or paralleling, under the various conditions existing; 
24.32 	and the department, upon the complaint of any person, railroad, municipal utility, 
24.33 	cooperative electric association, telephone company, telecommunications carrier, cable 
24.34 	company, fiber optic carrier, or other public utility claiming to be injuriously affected or 
24.35 	subjected to hazard by any such crossing or paralleling of the lines of any railroad or other 
25.1 	similar public service corporation, constructed or about to be constructed, shall, after a 
25.2 	hearing, make such order and prescribe such terms and conditions for the construction, 
25.3 	maintenance, and operation of the lines in question as may be just and reasonable.
25.4 	(b) The department may, upon request of any municipal utility, electric cooperative 
25.5 	association, public utility, telephone company, telecommunications carrier, cable 
25.6 	company, or fiber optic carrier determine the just and reasonable charge which a railroad, 
25.7 	or owner of an abandoned railroad right-of-way, other than the state or a regional railroad 
25.8 	authority, can prescribe for a new or existing crossing of a railroad right-of-way by any 
25.9 	telephone, telegraph, telecommunications, cable, fiber optic, electric, or gas line, or new 
25.10 	or existing telephone, telegraph, telecommunications, cable, fiber optic, electric, or gas 
25.11 	line more or less paralleling a railroad right-of-way, based on the diminution in value 
25.12 	caused by the crossing or paralleling of the right-of-way by the telephone, telegraph, 
25.13 	telecommunications, cable, fiber optic, electric, or gas line. This section shall not be 
25.14 	construed to eliminate the right of a public utility, municipal utility, or electric cooperative 
25.15 	association to have any of the foregoing issues determined pursuant to an eminent domain 
25.16 	proceeding commenced under chapter 117. Unless the railroad, or owner of an abandoned 
25.17 	railroad right-of-way, other than the state or a regional railroad authority, asserts in writing 
25.18 	that the proposed crossing or paralleling is a serious threat to the safe operations of the 
25.19 	railroad or to the current use of the railroad right-of-way, a crossing can be constructed 
25.20 	following filing of the requested action with the department, pending review of the 
25.21 	requested action by the department.
25.22 	(c) The department shall assess the cost of reviewing the requested action, and of 
25.23 	determining a just and reasonable charge, equally among the parties.
25.24 	(d) For the purposes of this section, "parallel" or "paralleling" means that the 
25.25 	relevant utility facilities run adjacent to and alongside the lines of a railroad for no more 
25.26 	than one mile, or another distance agreed to by the parties, before the utility facilities cross 
25.27 	the railroad lines, terminate, or exit the railroad right-of-way.

25.28 	Sec. 32. Minnesota Statutes 2012, section 237.14, is amended to read:
25.29 	237.14 RATE FOR SERVICE TO OFFICER.
25.30 	A telephone company may furnish service free or at reduced rates to its officers, 
25.31 	agents, or employees in furtherance of their employment, but it shall charge full schedule 
25.32 	rates without discrimination for all other services. Nothing herein shall release any 
25.33 	telephone company from carrying out any contract now existing between it and any 
25.34 	municipality for the furnishing of any service free or at reduced rates. Any contract for 
26.1 	telephone service, at discriminatory rates, other than those with municipalities, shall be 
26.2 	terminated by the company as soon as the same becomes terminable by its terms.

26.3 	Sec. 33. Minnesota Statutes 2012, section 237.16, subdivision 8, is amended to read:
26.4 		Subd. 8.Rules. (a) Before August 1, 1997, The commission shall adopt rules 
26.5 	applicable to all telephone companies and telecommunications carriers required to obtain 
26.6 	or having obtained a certificate for provision of telephone service using any existing 
26.7 	federal standards as minimum standards and incorporating any additional standards 
26.8 	or requirements necessary to ensure the provision of high-quality telephone services 
26.9 	throughout the state. The rules must, at a minimum:
26.10 	(1) define procedures for competitive entry and exit;
26.11 	(2) require the provisions of equal access and interconnection with the company's 
26.12 	network and other features, functions, and services which the commission considers 
26.13 	necessary to promote fair and reasonable competition;
26.14 	(3) require unbundling of network services and functions to at least the level required 
26.15 	by existing federal standards;
26.16 	(4) prescribe, if necessary, methods of reciprocal compensation between telephone 
26.17 	companies;
26.18 	(5) provide for local telephone number portability;
26.19 	(6) prescribe appropriate regulatory standards for new local telephone service 
26.20 	providers, that facilitate and support the development of competitive services;
26.21 	(7) protect against cross-subsidization, unfair competition, and other practices 
26.22 	harmful to promoting fair and reasonable competition;
26.23 	(8) prescribe methods for the preservation of universal and affordable local 
26.24 	telephone services;
26.25 	(9) prescribe standards for quality of service;
26.26 	(10) provide for the continued provision of local emergency telephone services 
26.27 	under chapter 403; and
26.28 	(11) protect residential and commercial customers from unauthorized changes in 
26.29 	service providers in a competitively neutral manner.
26.30 	(b) Before January 1, 1998, in a separate rulemaking, The commission shall adopt 
26.31 	separate rules regarding the issues described in paragraph (a), clauses (1) to (11), as may 
26.32 	be appropriate to provision of competitive local telephone service in areas served by 
26.33 	telephone companies with less than 50,000 subscribers originally certified to provide local 
26.34 	telephone services before January 1, 1988.

27.1 	Sec. 34. Minnesota Statutes 2013 Supplement, section 237.16, subdivision 9, is 
27.2 	amended to read:
27.3 		Subd. 9.Universal service fund. The commission shall establish and require 
27.4 	contributions to a universal service fund, to be supported by all providers of telephone 
27.5 	services, whether or not they are telephone companies under section 237.01, including, but 
27.6 	not limited to, local telephone companies, independent telephone companies, cooperative 
27.7 	telephone companies, municipal telephone companies, telecommunications carriers, 
27.8 	radio common carriers, personal communication service providers, and cellular carriers. 
27.9 	Services that should be considered for inclusion as universal include, at a minimum, 
27.10 	single-party service including access, usage and touch-tone capability; line quality 
27.11 	capable of carrying facsimile and data transmissions; equal access; emergency services 
27.12 	number capability; statewide telecommunications relay service for people with hearing 
27.13 	loss; and blocking of long-distance toll services. The fund must be administered and 
27.14 	distributed in accordance with rules adopted by the commission and designed to preserve 
27.15 	the availability of universal service throughout the state. Any state universal service fund 
27.16 	must be coordinated with any federal universal service fund and be consistent with section 
27.17 	254(b)(1) to (5) of the federal Telecommunications Act of 1996, Public Law 104-104. The 
27.18 	department shall make recommendations to the legislature by January 1, 1996, regarding a 
27.19 	plan for contributions to and expenditures from the universal service fund. In particular, 
27.20 	the department shall address the following issues:
27.21 	(1) what additional services should be included in the basic set of essential telephone 
27.22 	services which the state should encourage in its mandate to ensure universal service;
27.23 	(2) whether and how expenditures from the fund should be used to ensure citizens 
27.24 	access to local government and other public access programming; and
27.25 	(3) whether expenditures from the fund should be used to encourage construction 
27.26 	of infrastructure for, and access to, advanced services, especially in high-cost areas of 
27.27 	the state, and, if the commission determines the fund should be used for this purpose, a 
27.28 	plan to accomplish these goals.

27.29 	Sec. 35. Minnesota Statutes 2012, section 237.16, subdivision 12, is amended to read:
27.30 		Subd. 12.Extension of interexchange facility. In order to promote the 
27.31 	development of competitive interexchange services and facilities, any interexchange 
27.32 	facility that is owned by a certified telephone company, independent telephone company, 
27.33 	telecommunications carrier or an affiliate and that is used to provide service to customers 
27.34 	located in areas for which it has been previously certified to provide service may be 
27.35 	extended to meet and interconnect with the facility of another telephone company, small 
28.1 	telephone company, or telecommunications carrier, whether at a point inside or outside 
28.2 	of its territories, without further proceeding, order, or determination of current or future 
28.3 	public convenience and necessity, upon mutual consent with the other telephone company, 
28.4 	small telephone company, or telecommunications carrier whose facilities will be met and 
28.5 	interconnected. Written notice of the extension and interconnection must be provided to 
28.6 	the Public Utilities Commission and Department of Public Safety within 30 days after 
28.7 	completion. The written notice must be served on all incumbent local exchange companies 
28.8 	certified before January 1, 1988, in all areas where the facilities are located.

28.9 	Sec. 36. Minnesota Statutes 2012, section 237.164, is amended to read:
28.10 	237.164 UNIVERSAL SERVICE DISCOUNT FOR SCHOOL OR LIBRARY.
28.11 	The commission shall establish intrastate service discounts for schools and libraries 
28.12 	by order to the extent and within the time frame necessary to enable schools and libraries 
28.13 	to begin receiving receive federally supported discounts at the earliest date permitted by 
28.14 	the Federal Communications Commission.

28.15 	Sec. 37. Minnesota Statutes 2012, section 237.17, is amended to read:
28.16 	237.17 EXTENSION OF LONG-DISTANCE LINE.
28.17 	Any telephone company may extend its long-distance lines into or through any city 
28.18 	of this state for the furnishing of long-distance service only, subject to the regulation of 
28.19 	the governing body of such city relative to the location of the poles and wires and the 
28.20 	preservation of the safe and convenient use of such streets and alleys to the public sections 
28.21 	237.162 and 237.163.

28.22 	Sec. 38. Minnesota Statutes 2012, section 237.30, is amended to read:
28.23 	237.30 TELEPHONE INVESTIGATION FUND; APPROPRIATION.
28.24 	The sum of $25,000 is hereby appropriated out of any moneys in the state treasury 
28.25 	not otherwise appropriated, to establish and provide a revolving fund to be known as the
28.26 	A Minnesota Telephone Investigation Fund shall exist for the use of the Department of 
28.27 	Commerce and of the attorney general in investigations, valuations, and revaluations 
28.28 	under section 237.295. All sums paid by the telephone companies to reimburse the 
28.29 	department for its expenses pursuant to section 237.295 shall be credited to the revolving 
28.30 	fund and shall be deposited in a separate bank account and not commingled with any other 
28.31 	state funds or moneys, but any balance in excess of $25,000 in the revolving fund at the 
28.32 	end of each fiscal year shall be paid into the state treasury and credited to the general fund. 
29.1 	The sum of $25,000 herein appropriated and All subsequent credits to said revolving fund 
29.2 	shall be paid upon the warrant of the commissioner of management and budget upon 
29.3 	application of the department or of the attorney general to an aggregate amount of not 
29.4 	more than one-half of such sums to each of them, which proportion shall be constantly 
29.5 	maintained in all credits and withdrawals from the revolving fund.

29.6 	Sec. 39. Minnesota Statutes 2012, section 237.46, is amended to read:
29.7 	237.46 GROSS MISDEMEANOR VIOLATION.
29.8 	Any telephone company or telecommunications carrier and, if it be a corporation, 
29.9 	the officers thereof, violating any provisions of sections 237.01 to 237.27, this chapter
29.10 	 shall be guilty of a gross misdemeanor.

29.11 	Sec. 40. Minnesota Statutes 2012, section 237.491, is amended to read:
29.12 	237.491 COMBINED PER NUMBER FEE.
29.13 		Subdivision 1.Definitions. (a) The definitions in this subdivision apply to this 
29.14 	section.
29.15 	(b) "911 emergency and public safety communications program" means the program 
29.16 	governed by chapter 403.
29.17 	(c) "Minnesota telephone number" means a ten-digit telephone number being used 
29.18 	to connect to the public switched telephone network and starting with area code 218, 320, 
29.19 	507, 612, 651, 763, or 952, or any subsequent area code assigned to this state.
29.20 	(d) "Service provider" means a provider doing business in this state who provides 
29.21 	real-time, two-way voice service with a Minnesota telephone number.
29.22 	(e) "Telecommunications access Minnesota program" means the program governed 
29.23 	by sections 237.50 to 237.55.
29.24 	(f) "Telephone assistance program" means the program governed by sections 237.69
29.25 	to 237.711 237.71.
29.26 		Subd. 2.Per number fee. (a) By January 15, 2006, the commissioner of commerce 
29.27 	shall report to the legislature and to the senate Committee on Jobs, Energy and Community 
29.28 	Development and the house of representatives Committee on Regulated Industries, 
29.29 	recommendations for the amount of and method for assessing a fee that would apply to 
29.30 	each service provider based upon the number of Minnesota telephone numbers in use by 
29.31 	current customers of the service provider. The fee wouldshall be set at a level calculated 
29.32 	to generate only the amount of revenue necessary to fund:
30.1 	(1) the telephone assistance program and the telecommunications access Minnesota 
30.2 	program at the levels established by the commission under sections 237.52, subdivision 
30.3 	2, and 237.70; and
30.4 	(2) the 911 emergency and public safety communications program at the levels 
30.5 	appropriated by law to the commissioner of public safety and the commissioner of 
30.6 	management and budget for purposes of sections 403.11, 403.113, 403.27, 403.30, and 
30.7 	403.31 for each fiscal year.
30.8 	(b) The recommendations must include any changes to Minnesota Statutes necessary 
30.9 	to establish the procedures whereby each service provider, to the extent allowed under 
30.10 	federal law, would collect and remit the fee proceeds to the commissioner of revenue. The 
30.11 	commissioner of revenue would allocate the fee proceeds to the three funding areas in 
30.12 	paragraph (a) and credit the allocations to the appropriate accounts.
30.13 	(c) The recommendations must be designed to allow the combined per telephone 
30.14 	number fee to be collected beginning July 1, 2006. The per access line fee used to collect 
30.15 	revenues to support the TAP, TAM, and 911 programs remains in effect until the statutory 
30.16 	changes necessary to implement the per telephone number fee have been enacted into 
30.17 	law and taken effect.
30.18 	(d) As part of the process of developing the recommendations and preparing the 
30.19 	report to the legislature required under paragraph (a), the commissioner of commerce 
30.20 	must, at a minimum, consult regularly with the Departments of Public Safety, Management 
30.21 	and Budget, and Administration, the Public Utilities Commission, service providers, 
30.22 	the chairs and ranking minority members of the senate and house of representatives 
30.23 	committees, subcommittees, and divisions having jurisdiction over telecommunications 
30.24 	and public safety, and other affected parties.

30.25 	Sec. 41. Minnesota Statutes 2012, section 237.69, subdivision 1, is amended to read:
30.26 		Subdivision 1.Scope. The terms used in sections 237.69 to 237.711 237.71 have 
30.27 	the meanings given them in this section.

30.28 	Sec. 42. Minnesota Statutes 2012, section 237.69, subdivision 15, is amended to read:
30.29 		Subd. 15.Income. For purposes of sections 237.69 to 237.711 237.71, "income" 
30.30 	has the meaning given it in section 290A.03, subdivision 3.

30.31 	Sec. 43. Minnesota Statutes 2012, section 237.69, subdivision 16, is amended to read:
30.32 		Subd. 16.Telephone assistance plan. "Telephone assistance plan" means the plan 
30.33 	to be adopted by the commission and to be jointly administered by the commission, the 
31.1 	Department of Human Services, and the telephone companies, as required by sections 
31.2 	237.69 to 237.711 237.71.

31.3 	Sec. 44. Minnesota Statutes 2012, section 237.71, is amended to read:
31.4 	237.71 TAP RULES.
31.5 	The commission shall adopt rules under the Administrative Procedure Act necessary 
31.6 	or appropriate to establish administer the telephone assistance plan in accordance with 
31.7 	this chapter so that the telephone assistance plan is effective as of January 1, 1988, or as 
31.8 	soon after that date as Federal Communications Commission approval of the telephone 
31.9 	assistance plan is obtained.

31.10 	Sec. 45. Minnesota Statutes 2012, section 239.011, subdivision 2, is amended to read:
31.11 		Subd. 2.Duties and powers. To carry out the responsibilities in section 239.01
31.12 	and subdivision 1, the director:
31.13 	(1) shall take charge of, keep, and maintain in good order the standard of weights 
31.14 	and measures of the state and keep a seal so formed as to impress, when appropriate, the 
31.15 	letters "MINN" and the date of sealing upon the weights and measures that are sealed;
31.16 	(2) has general supervision of the weights, measures, and weighing and measuring 
31.17 	devices offered for sale, sold, or in use in the state;
31.18 	(3) shall maintain traceability of the state standards to the national standards of the 
31.19 	National Institute of Standards and Technology;
31.20 	(4) shall enforce this chapter;
31.21 	(5) shall grant variances from department rules, within the limits set by rule, when 
31.22 	appropriate to maintain good commercial practices or when enforcement of the rules 
31.23 	would cause undue hardship;
31.24 	(6) shall conduct investigations to ensure compliance with this chapter;
31.25 	(7) may delegate to division personnel the responsibilities, duties, and powers 
31.26 	contained in this section;
31.27 	(8) shall test annually, and approve when found to be correct, the standards of 
31.28 	weights and measures used by the division, by a town, statutory or home rule charter city, 
31.29 	or county within the state, or by a person using standards to repair, adjust, or calibrate 
31.30 	commercial weights and measures;
31.31 	(9) shall inspect and test weights and measures kept, offered, or exposed for sale;
31.32 	(10) shall inspect and test, to ascertain if they are correct, weights and measures 
31.33 	commercially used to:
32.1 	(i) determine the weight, measure, or count of commodities or things sold, offered, 
32.2 	or exposed for sale, on the basis of weight, measure, or count; and
32.3 	(ii) compute the basic charge or payment for services rendered on the basis of 
32.4 	weight, measure, or count;
32.5 	(11) shall approve for use and mark weights and measures that are found to be correct;
32.6 	(12) shall reject, and mark as rejected, weights and measures that are found to be 
32.7 	incorrect and may seize them if those weights and measures:
32.8 	(i) are not corrected within the time specified by the director;
32.9 	(ii) are used or disposed of in a manner not specifically authorized by the director; or
32.10 	(iii) are found to be both incorrect and not capable of being made correct, in which 
32.11 	case the director shall condemn those weights and measures;
32.12 	(13) shall weigh, measure, or inspect packaged commodities kept, offered, or exposed 
32.13 	for sale, sold, or in the process of delivery, to determine whether they contain the amount 
32.14 	represented and whether they are kept, offered, or exposed for sale in accordance with 
32.15 	this chapter and department rules. In carrying out this section, the director must employ 
32.16 	recognized sampling procedures, such as those contained in National Institute of Standards 
32.17 	and Technology Handbook 133, "Checking the Net Contents of Packaged Goods";
32.18 	(14) shall prescribe the appropriate term or unit of weight or measure to be used for 
32.19 	a specific commodity when an existing term or declaration of quantity does not facilitate 
32.20 	value comparisons by consumers, or creates an opportunity for consumer confusion;
32.21 	(15) shall allow reasonable variations from the stated quantity of contents, including 
32.22 	variations caused by loss or gain of moisture during the course of good distribution 
32.23 	practice or by unavoidable deviations in good manufacturing practice, only after the 
32.24 	commodity has entered commerce within the state;
32.25 	(16) shall inspect and test petroleum products in accordance with this chapter and 
32.26 	chapter 296A;
32.27 	(17) shall distribute and post notices for used motor oil and used motor oil filters and 
32.28 	lead acid battery recycling in accordance with sections 239.54, 325E.11, and 325E.115;
32.29 	(18) shall collect inspection fees in accordance with sections 239.10 and 239.101; and
32.30 	(19) (18) shall provide metrological services and support to businesses and 
32.31 	individuals in the United States who wish to market products and services in the member 
32.32 	nations of the European Economic Community, and other nations outside of the United 
32.33 	States by:
32.34 	(i) meeting, to the extent practicable, the measurement quality assurance standards 
32.35 	described in the International Standards Organization ISO 17025;
33.1 	(ii) maintaining, to the extent practicable, certification of the metrology laboratory 
33.2 	by an internationally accepted accrediting body such as the National Voluntary Laboratory 
33.3 	Accreditation Program (NVLAP); and
33.4 	(iii) providing calibration and consultation services to metrology laboratories in 
33.5 	government and private industry in the United States.

33.6 	Sec. 46. Minnesota Statutes 2012, section 239.06, is amended to read:
33.7 	239.06 RULES.
33.8 	The department shall prescribe and adopt such rules as it may deem necessary to 
33.9 	carry out the provisions of this chapter, and it including but not limited to the adoption of 
33.10 	definitions of basic units of weights and measures, tables of weights and measures, and 
33.11 	weights and measures equivalents to govern weighing and measuring equipment and 
33.12 	transactions in Minnesota. The division may change, modify, or amend any or all rules 
33.13 	when deemed necessary and the rules so made shall have the force and effect of law.

33.14 	Sec. 47. Minnesota Statutes 2012, section 239.081, is amended to read:
33.15 	239.081 INSPECTING TRACK SCALE.
33.16 	The department division shall supervise and inspect all track scales, and may direct 
33.17 	any carrier to transport, move, and switch to any track scale free of charge any car used in 
33.18 	the inspection and testing of scales. The department division shall require the installation 
33.19 	and maintenance of track scales at terminals, warehouses, and at other points in the state 
33.20 	where scales are deemed necessary. The department division shall prescribe reasonable 
33.21 	rules for the weighing of railroad cars and of freight. Rules of the department promulgated 
33.22 	under chapter 218 and in effect on January 1, 1976, which pertain to installation or 
33.23 	inspection of track scales or the weighing of railroad cars and freight shall continue in 
33.24 	effect until amended or repealed by the department.

33.25 	Sec. 48. Minnesota Statutes 2012, section 239.09, is amended to read:
33.26 	239.09 SPECIAL POLICE POWERS.
33.27 	When necessary to enforce this chapter or rules adopted under the authority granted 
33.28 	by section 239.06, the director is:
33.29 	(1) authorized and empowered to arrest, without formal warrant, any violator of 
33.30 	sections 325E.11 and 325E.115 or of the statute in relation to weights and measures;
34.1 	(2) empowered to seize for use as evidence and without formal warrant, any false 
34.2 	weight, measure, weighing or measuring device, package, or commodity found to be used, 
34.3 	retained, or offered or exposed for sale or sold in violation of law;
34.4 	(3) (2) during normal business hours, authorized to enter commercial premises;
34.5 	(4) (3) if the premises are not open to the public, authorized to enter commercial 
34.6 	premises only after presenting credentials and obtaining consent or after obtaining a 
34.7 	search warrant;
34.8 	(5) (4) empowered to issue stop-use, hold, and removal orders with respect to 
34.9 	weights and measures commercially used, and packaged commodities or bulk commodities 
34.10 	kept, offered, or exposed for sale, that do not comply with the weights and measures laws;
34.11 	(6) (5) empowered, upon reasonable suspicion of a violation of the weights and 
34.12 	measures laws, to stop a commercial vehicle and, after presentation of credentials, inspect 
34.13 	the contents of the vehicle, require that the person in charge of the vehicle produce 
34.14 	documents concerning the contents, and require the person to proceed with the vehicle to 
34.15 	some specified place for inspection; and
34.16 	(7) (6) empowered, after written warning, to issue citations of not less than $100 and 
34.17 	not more than $500 to a person who violates any provision of this chapter, any provision 
34.18 	of the rules adopted under the authority contained in this chapter, or any provision of 
34.19 	statutes enforced by the Division of Weights and Measures.

34.20 	Sec. 49. Minnesota Statutes 2012, section 239.091, is amended to read:
34.21 	239.091 METHOD OF SALE.
34.22 	The method of sale for a commodity must provide an accurate and adequate quantity 
34.23 	of information that will allow the buyer to make price and quantity comparisons. The 
34.24 	department may adopt rules to administer this section.

34.25 	Sec. 50. Minnesota Statutes 2013 Supplement, section 239.101, subdivision 3, is 
34.26 	amended to read:
34.27 		Subd. 3.Petroleum inspection fee; appropriation, uses. (a) An inspection fee 
34.28 	is imposed (1) on petroleum products when received by the first licensed distributor, 
34.29 	and (2) on petroleum products received and held for sale or use by any person when the 
34.30 	petroleum products have not previously been received by a licensed distributor. The 
34.31 	petroleum inspection fee is $1 for every 1,000 gallons received. The commissioner of 
34.32 	revenue shall collect the fee. The revenue from 89 cents of the fee is appropriated to 
34.33 	the commissioner of commerce for the cost of operations of the Division of Weights 
34.34 	and Measures, and petroleum supply monitoring, and to make grants to providers of 
35.1 	low-income weatherization services to install renewable energy equipment in households 
35.2 	that are eligible for weatherization assistance under Minnesota's weatherization assistance 
35.3 	program state plan. The remainder of the fee must be deposited in the general fund.
35.4 	(b) The commissioner of revenue shall credit a person for inspection fees previously 
35.5 	paid in error or for any material exported or sold for export from the state upon filing of a 
35.6 	report as prescribed by the commissioner of revenue.
35.7 	(c) The commissioner of revenue may collect the inspection fee along with any 
35.8 	taxes due under chapter 296A.

35.9 	Sec. 51. Minnesota Statutes 2012, section 239.44, is amended to read:
35.10 	239.44 MISDEMEANOR VIOLATION.
35.11 	Whoever in selling gives a lower number or, in buying shall take any, takes a  greater 
35.12 	number of pounds or cubic feet to the bushel, barrel, ton, or cord, as the case may be, than 
35.13 	is allowed and provided in sections 239.28 to 239.36 239.32 and 239.33, or in selling, 
35.14 	shall give any less gives a lower number, shall be is guilty of a misdemeanor.

35.15 	Sec. 52. Minnesota Statutes 2012, section 239.46, is amended to read:
35.16 	239.46 FINES CREDITED TO SCHOOL FUNDS.
35.17 	All fines collected under the provisions of sections 239.28 to 239.38 239.32 and 
35.18 	239.33 shall be paid to the county treasurer for the benefit of the school fund of the county 
35.19 	where the action is brought.

35.20 	Sec. 53. Minnesota Statutes 2012, section 239.753, is amended to read:
35.21 	239.753 ENTRY UPON PREMISES AND ACCESS TO RECORDS.
35.22 	(a) The director, or a delegated employee of the department, may enter the premises 
35.23 	of a person who processes, holds, stores, imports, transfers, offers for sale or use, or 
35.24 	sells petroleum products in Minnesota to:
35.25 	(1) inspect the product in storage tanks and take samples from the storage tanks and 
35.26 	dispensing equipment connected to the storage tanks;
35.27 	(2) inspect petroleum product dispensers and related signs and equipment, 
35.28 	advertising signs, price displays, oxygenate labels, and octane labels; and
35.29 	(3) audit and make copies of petroleum product shipping, receiving, and invoice 
35.30 	documents and records to determine compliance with sections 239.75 to 239.792.
36.1 	(b) The director shall limit inspection to information and data relating to product 
36.2 	quantity, quality, oxygen biofuel content, and octane. The director shall maintain the 
36.3 	confidentiality of certain records as required by section 239.791.

36.4 	Sec. 54. Minnesota Statutes 2012, section 270B.14, subdivision 1, is amended to read:
36.5 		Subdivision 1.Disclosure to commissioner of human services. (a) On the request 
36.6 	of the commissioner of human services, the commissioner shall disclose return information 
36.7 	regarding taxes imposed by chapter 290, and claims for refunds under chapter 290A, to 
36.8 	the extent provided in paragraph (b) and for the purposes set forth in paragraph (c).
36.9 	(b) Data that may be disclosed are limited to data relating to the identity, 
36.10 	whereabouts, employment, income, and property of a person owing or alleged to be owing 
36.11 	an obligation of child support.
36.12 	(c) The commissioner of human services may request data only for the purposes of 
36.13 	carrying out the child support enforcement program and to assist in the location of parents 
36.14 	who have, or appear to have, deserted their children. Data received may be used only 
36.15 	as set forth in section 256.978.
36.16 	(d) The commissioner shall provide the records and information necessary to 
36.17 	administer the supplemental housing allowance to the commissioner of human services.
36.18 	(e) At the request of the commissioner of human services, the commissioner of 
36.19 	revenue shall electronically match the Social Security numbers and names of participants 
36.20 	in the telephone assistance plan operated under sections 237.69 to 237.711 237.71, with 
36.21 	those of property tax refund filers, and determine whether each participant's household 
36.22 	income is within the eligibility standards for the telephone assistance plan.
36.23 	(f) The commissioner may provide records and information collected under sections 
36.24 	295.50 to 295.59 to the commissioner of human services for purposes of the Medicaid 
36.25 	Voluntary Contribution and Provider-Specific Tax Amendments of 1991, Public Law 
36.26 	102-234. Upon the written agreement by the United States Department of Health and 
36.27 	Human Services to maintain the confidentiality of the data, the commissioner may provide 
36.28 	records and information collected under sections 295.50 to 295.59 to the Centers for 
36.29 	Medicare and Medicaid Services section of the United States Department of Health and 
36.30 	Human Services for purposes of meeting federal reporting requirements.
36.31 	(g) The commissioner may provide records and information to the commissioner of 
36.32 	human services as necessary to administer the early refund of refundable tax credits.
36.33 	(h) The commissioner may disclose information to the commissioner of human 
36.34 	services necessary to verify income for eligibility and premium payment under the 
36.35 	MinnesotaCare program, under section 256L.05, subdivision 2.
37.1 	(i) The commissioner may disclose information to the commissioner of human 
37.2 	services necessary to verify whether applicants or recipients for the Minnesota family 
37.3 	investment program, general assistance, food support, Minnesota supplemental aid 
37.4 	program, and child care assistance have claimed refundable tax credits under chapter 290 
37.5 	and the property tax refund under chapter 290A, and the amounts of the credits.
37.6 	(j) The commissioner may disclose information to the commissioner of human 
37.7 	services necessary to verify income for purposes of calculating parental contribution 
37.8 	amounts under section 252.27, subdivision 2a.

37.9 	Sec. 55. Minnesota Statutes 2012, section 332.33, subdivision 5, is amended to read:
37.10 		Subd. 5.Collection agency license issuance. Every application for a collection 
37.11 	agency license or renewal shall be acted upon promptly by the commissioner but in no 
37.12 	event more than 45 days after receipt of the application. Each applicant may be issued a 
37.13 	temporary license after submitting a complete application which meets all requirements 
37.14 	for licensure. This license shall be effective until a permanent license is issued by the 
37.15 	commissioner. If the application complies in form and substance with sections 332.31 
37.16 	to 332.45 and the rules adopted under those sections and the commissioner finds that 
37.17 	the applicant is qualified under sections 332.31 to 332.45, the commissioner shall issue 
37.18 	a license immediately. If the application is not sufficient in form or substance, the 
37.19 	commissioner shall reject it and notify the applicant of the manner in which it is deficient. 
37.20 	The rejection is without prejudice to the filing of a new application. On finding that the an
37.21 	 applicant for a collection agency license is not qualified under sections 332.31 to 332.45, 
37.22 	the commissioner shall reject the application and shall give the applicant written notice of 
37.23 	the rejection and the reasons for the rejection.

37.24 	Sec. 56. Minnesota Statutes 2012, section 332.33, subdivision 5a, is amended to read:
37.25 		Subd. 5a.Individual collector registration. A licensed collection agency, on behalf 
37.26 	of an individual collector, must register with the state all individuals in the collection 
37.27 	agency's employ who are performing the duties of a collector as defined in sections 332.31
37.28 	to 332.45. The collection agency must apply for an individual collection registration on in
37.29 	 a form provided prescribed by the commissioner, or electronically when available. The 
37.30 	collection agency shall verify on the form that the applicant has confirmed that the applicant 
37.31 	meets the requirements to perform the duties of a collector as defined in sections 332.31 to 
37.32 	332.45. Upon submission of the form application to the department, the individual may 
37.33 	begin to perform the duties of a collector and may continue to do so unless the licensed 
37.34 	collection agency is informed by the commissioner that the individual is ineligible.

38.1 	Sec. 57. Minnesota Statutes 2012, section 332.33, subdivision 7, is amended to read:
38.2 		Subd. 7.Changes; notice to commissioner. (a) A licensed collection agency must 
38.3 	give the commissioner written notice of a change in company name, address, or ownership 
38.4 	not later than 15 ten days after the change occurs. A registered individual collector must 
38.5 	give written notice of a change of address, name, or assumed name no later than 30 ten
38.6 	 days after the change occurs.
38.7 	(b) Upon the death of any collection agency licensee, the license of the decedent 
38.8 	may be transferred to the executor or administrator of the estate for the unexpired term of 
38.9 	the license. The executor or administrator may be authorized to continue or discontinue 
38.10 	the collection business of the decedent under the direction of the court having jurisdiction 
38.11 	of the probate.

38.12 	Sec. 58.  REPEALER.
 38.13 		Subdivision 1.Statutory repeals. (a) Minnesota Statutes 2012, sections 45.0111; 
38.14 	45.42, subdivision 1; 46.045, subdivision 2; 46.047; 48.34; 53A.081; 56.001, subdivisions 
38.15 	5 and 6; 60A.18; 62A.319; 72B.02, subdivision 8; 80C.30; 81A.08; 81A.18; 82.63, 
38.16 	subdivisions 7, 9, and 10; 82A.04; 82A.07; 82A.08; 82A.11, subdivision 2; 82A.111, 
38.17 	subdivision 5; 82A.13, subdivision 3; 82A.18, subdivision 3; 82A.22, subdivisions 1 
38.18 	and 3; 82A.24, subdivision 5; 115C.111; 237.068; 237.16, subdivisions 10, 11, and 13; 
38.19 	237.18; 237.33; 237.34; 237.35; 237.36; 237.37; 237.38; 237.39; 237.40; 237.44; 237.45; 
38.20 	237.47; 237.67; 237.711; and 237.80, subdivision 1; 239.002; 239.003; 239.012; 239.101, 
38.21 	subdivision 4; 239.28; 239.29; 239.30; 239.31; 239.35; 239.36; 239.51; 239.511; 239.53; 
38.22 	239.54; 332.45; 386.61, subdivisions 1, 2, and 4, are repealed.
38.23 	(b) Minnesota Statutes 2012, sections 216C.14; 216C.262; 216C.263; 216C.373; 
38.24 	216C.38; and 216C.44, are repealed.
38.25 	(c) Minnesota Statutes 2013 Supplement, sections 82.63, subdivision 8; and 82A.06, 
38.26 	subdivision 2, are repealed.
38.27 		Subd. 2.Administrative rules repeals. (a) Minnesota Rules, parts 2782.0200; 
38.28 	2782.0300; 2782.0400; 2782.0500; 2782.0600; 2782.0700; 2782.0800; 2795.2000; 
38.29 	2830.0010; 2830.0020; 2830.0030; 2830.0040; 2830.0050; 2830.0060; 2830.0070; 
38.30 	2830.0080; 2830.0090; 2830.0100; 2870.0100; 2870.1100; 2870.1200; 2870.1400; 
38.31 	2870.1700; 2870.1800; 2870.1900; 2870.2000; 2870.2100; 2870.2200; 2870.2300; 
38.32 	2870.3100; 2870.3200; 2870.3300; 2870.3400; 2870.3500; 2870.3600; 2870.3700; 
38.33 	2870.3800; 2870.3900; 2870.4000; 2870.4100; 2870.5100; 7601.7010; 7601.7090, 
38.34 	subpart 3; and 7602.0100, are repealed.
39.1 	(b) Minnesota Rules, parts 7606.0010; 7606.0020, subparts 1, 2, 3, 4, 5, 5a, 6, 
39.2 	8, 9, and 10; 7606.0030; 7606.0040; 7606.0050; 7606.0060; 7606.0070; 7606.0080; 
39.3 	7630.0110; 7630.0120; 7630.0200; 7630.0210; 7630.0220; 7630.0300; 7630.0310; 
39.4 	7630.0320; 7630.0330; 7630.0340; 7630.0350; and 7630.0360, are repealed.

39.5 	ARTICLE 2
39.6 	CONFORMING CHANGES

39.7 	Section 1. Minnesota Statutes 2012, section 16D.04, subdivision 1, is amended to read:
39.8 		Subdivision 1.Duties. The commissioner shall provide services to the state 
39.9 	and referring agencies to collect debts referred for collection under this chapter. The 
39.10 	commissioner is not a collection agency as defined by section 332.31, subdivision 3, and 
39.11 	is not licensed, bonded, or regulated by the commissioner of commerce under sections 
39.12 	332.31 to 332.35 or 332.38 to 332.45 332.44. The commissioner is subject to section 
39.13 	332.37, except clause (9), (10), (12), or (19). Debts referred to the commissioner for 
39.14 	collection under section 256.9792 may in turn be referred by the commissioner to the 
39.15 	enterprise. An audited financial statement may not be required as a condition of debt 
39.16 	placement with a private agency if the private agency: (1) has errors and omissions 
39.17 	coverage under a professional liability policy in an amount of at least $1,000,000; or (2) 
39.18 	has a fidelity bond to cover actions of its employees, in an amount of at least $100,000. In 
39.19 	cases of debts referred under section 256.9792, the provisions of this chapter and section 
39.20 	256.9792 apply to the extent they are not in conflict. If they are in conflict, the provisions 
39.21 	of section 256.9792 control. For purposes of this chapter, the referring agency for such 
39.22 	debts remains the Department of Human Services.

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

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

40.5 	Sec. 4. Minnesota Statutes 2012, section 47.78, is amended to read:
40.6 	47.78 CONTRACTS TO PROVIDE SERVICES.
40.7 	(a) Notwithstanding any other law to the contrary, a financial institution, the 
40.8 	"customer institution," may contract with another financial institution, the "service 
40.9 	institution," to grant the service institution the authority to render services to the customer 
40.10 	institution's depositors, borrowers or other customers, provided notice of the proposed 
40.11 	contract is given to the commissioner and the commissioner does not object to the contract 
40.12 	within 30 days of the notice.
40.13 	(b) For purposes of this section: "Financial institution" means a national banking 
40.14 	association, federal savings association, or federal credit union having its main office in 
40.15 	this state, or a bank, savings bank, savings association, or credit union established and 
40.16 	operating under the laws of this state; and "services" means accepting and receiving 
40.17 	deposits, honoring and paying withdrawals, issuing money orders, cashiers' checks, and 
40.18 	travelers' checks or similar instruments, cashing checks or drafts, receiving loan payments, 
40.19 	receiving or delivering cash and instruments and securities, disbursing loan proceeds by 
40.20 	machine, and any other transactions authorized by section 47.63.
40.21 	The term also includes a bank subsidiary of a bank holding company or affiliated 
40.22 	savings association to the extent agency activities are permitted under section 18 of the 
40.23 	Federal Deposit Insurance Act, United States Code, title 12, section 1828, as amended, 
40.24 	effective September 29, 1995, and title I, Riegle-Neal Interstate Banking and Branching 
40.25 	Efficiency Act of 1994.
40.26 	(c) A contract entered into pursuant to this section may include authority to conduct 
40.27 	transactions at or through any principal office, branch, or detached facility of either 
40.28 	financial institution which is a party to the contract, and the service institution is not 
40.29 	considered a branch of the customer institution for purposes of section 48.34.

40.30 	Sec. 5. Minnesota Statutes 2012, section 48.93, subdivision 1, is amended to read:
40.31 		Subdivision 1.Application. An out-of-state bank holding company may, through a 
40.32 	purchase of stock or assets of a bank, or through a purchase of stock or assets of or merger 
40.33 	with a bank holding company, acquire control in an existing bank or banks whose home 
40.34 	state is Minnesota if it meets the conditions in this section, sections 46.047 and section 
41.1 	46.048 and it files an application in writing with the commissioner on forms provided by 
41.2 	the department. The commissioner, upon receipt of the application, shall act upon it in the 
41.3 	manner provided for in sections 46.047 andsection 46.048, except that the commissioner 
41.4 	may extend the 60-day period an additional 30 days if in the commissioner's judgment any 
41.5 	material information submitted is substantially inaccurate or the acquiring party has not 
41.6 	furnished all the information required by statute, rule, or the commissioner. Within three 
41.7 	days after making the decision to disapprove any proposed acquisition, the commissioner 
41.8 	shall notify the acquiring party in writing of the disapproval. The notice must provide a 
41.9 	statement of the basis for the disapproval.

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

41.14 	Sec. 7. Minnesota Statutes 2012, section 82A.05, subdivision 6, is amended to read:
41.15 		Subd. 6.Separate disclosure. If the membership camping operator or that person's 
41.16 	salespeople represents to a prospective purchaser that the operator plans to construct or 
41.17 	install any amenities in the future, but the operator has not guaranteed to do so and has 
41.18 	not provided assurances that the amenities will be installed pursuant to section 82A.04, 
41.19 	subdivision 2, clause (13)(iv), the operator shall furnish a separate disclosure to the 
41.20 	prospective purchaser. The separate disclosure shall be in 10-point bold type and shall 
41.21 	state: NOTICE: PURCHASE THIS MEMBERSHIP CAMPING CONTRACT ONLY 
41.22 	ON THE BASIS OF EXISTING AMENITIES. CONSTRUCTION OF PLANNED 
41.23 	AMENITIES IS NOT GUARANTEED. CONSTRUCTION MAY BE DEFERRED, 
41.24 	REVISED, OR CANCELED FOR A VARIETY OF REASONS. THE PLANNED 
41.25 	AMENITIES FOR THIS CAMPGROUND ARE (Insert list of amenities, including 
41.26 	estimated year of completion of each). IF THE SALESPERSON DESCRIBES A 
41.27 	SIGNIFICANT AMENITY WHICH IS NOT ON THIS LIST, TELEPHONE COLLECT 
41.28 	OR TOLL FREE TO (Insert headquarters telephone number) TO VERIFY THE 
41.29 	OPERATOR'S PLAN FOR SUCH A FACILITY.
41.30 	The separate disclosure shall be delivered to each person to whom an offer is made 
41.31 	before or concurrently with:
41.32 	(1) the first written offer other than offer by means of an advertisement; or
41.33 	(2) any payment pursuant to a sale, whichever is first.
42.1 	The seller shall obtain a receipt, signed by the person, acknowledging that the person 
42.2 	has received a copy of the separate disclosure required herein prior to the execution by the 
42.3 	purchaser of any membership camping contract. All receipts shall be kept in files which 
42.4 	are in the possession of the membership camping operator or broker subject to inspection 
42.5 	by the commissioner for a period of three years from the date of the receipt.

42.6 	Sec. 8. Minnesota Statutes 2013 Supplement, section 82A.06, subdivision 2, is 
42.7 	amended to read:
42.8 		Subd. 2.Partial transactional exemptions. The following transactions are exempt 
42.9 	from the provisions of sections 82A.03; 82A.04;82A.05; 82A.07; 82A.08;82A.11, 
42.10 	subdivisions 2 and subdivision 4; and 82A.14: any sale which is made to a person who is 
42.11 	not then physically present in this state, and any offer which invites an offeree to attend a 
42.12 	sales presentation in another state if:
42.13 	(1) the offeror has given at least ten days prior written notice to the commissioner 
42.14 	of its intention to offer or sell membership camping contracts to residents of this state 
42.15 	pursuant to this exemption and paid a fee of $50;
42.16 	(2) the offeror has demonstrated that the sales presentation will be made, and the 
42.17 	sale will be consummated, in a state which specifically regulates the offer and sale of 
42.18 	membership camping contracts;
42.19 	(3) the offeror has demonstrated that it will deliver a disclosure statement to offerees 
42.20 	who are residents of this state which contains substantially the same or greater disclosure 
42.21 	as is required by section 82A.05; and
42.22 	(4) the offeror has filed a consent to service of process pursuant to section 82A.22.

42.23 	Sec. 9. Minnesota Statutes 2012, section 82A.08, subdivision 1, is amended to read:
42.24 		Subdivision 1.Requirement. During the period a registration is effective, the 
42.25 	membership camping operator shall file an annual report in a format the commissioner 
42.26 	may reasonably prescribe. Every annual report shall be due by the 120th day following 
42.27 	the end of the operator's fiscal year, unless extended in writing by the commissioner 
42.28 	for good cause. The annual report shall:
42.29 	(1) specify the aggregate number of membership camping contracts sold in this state 
42.30 	pursuant to the registration or any amendment thereof;
42.31 	(2) specify the number of membership camping contracts and aggregate dollar 
42.32 	amount of all sales of membership camping contracts in this state by the membership 
42.33 	camping operator since the date the registration became effective, or since the last annual 
42.34 	report was filed with the commissioner, whatever date is later;
43.1 	(3) specify any exemption from registration claimed for any sale described in 
43.2 	clause (2);
43.3 	(4) list any changes in the information required to be filed under section 82A.04, 
43.4 	subdivision 2, clause (4);
43.5 	(5) (4) include an audited or unaudited financial statement consisting of a balance 
43.6 	sheet for the membership camping operator's last fiscal year end and an income statement 
43.7 	for the 12 months next preceding the date of the balance sheet, both prepared by an 
43.8 	independent certified public accountant; and
43.9 	(6) (5) provide such other information as the commissioner may by rule or order 
43.10 	reasonably require to administer the provisions of this chapter, including but not limited 
43.11 	to, audited financial statements.

43.12 	Sec. 10. Minnesota Statutes 2012, section 82A.09, subdivision 2, is amended to read:
43.13 		Subd. 2.Restrictions. No person shall publish or cause to be published in this state 
43.14 	any advertisement concerning any membership camping contract which is required to be 
43.15 	registered pursuant to this chapter, or which is exempt from registration under section 
43.16 	82A.06, subdivision 2, after the commissioner has found that the advertisement contains 
43.17 	any statement that is false or misleading, or omits to make any statement necessary in 
43.18 	order to make the statements made, in light of the circumstances under which they were 
43.19 	made, not misleading, and has so notified the person by written order. The order may be 
43.20 	issued without prior notice or hearing. Up to 30 days after the issuance of the order, the 
43.21 	person desiring to use the advertisement may in writing request a hearing on the order. 
43.22 	Upon receipt of a written request, the matter shall be set for hearing to commence within 
43.23 	15 days after the receipt unless the person making the request consents to a later date. 
43.24 	After the hearing, which shall be conducted in accordance with the provisions of chapter 
43.25 	14, the commissioner shall, by written order, either affirm, modify, or vacate the order.

43.26 	Sec. 11. Minnesota Statutes 2012, section 115C.113, is amended to read:
43.27 	115C.113 ORDERS.
43.28 	The commissioner of commerce may issue an order requiring a registrant or 
43.29 	applicant for registration to show cause why the registration should not be revoked or 
43.30 	suspended, the registrant censured, the application denied, or other sanction imposed 
43.31 	under section 115C.111 or115C.112. The order must be calculated to give reasonable 
43.32 	notice of the time and place for hearing on the matter, and must state the reasons for the 
43.33 	entry of the order. The commissioner of commerce may by order summarily suspend a 
43.34 	registration pending final determination of an order to show cause. A hearing on the 
44.1 	merits must be held within 30 days of the issuance of the order of summary suspension. 
44.2 	All hearings must be conducted under chapter 14. After the hearing, the commissioner of 
44.3 	commerce shall enter an order disposing of the matter as the facts require. If the registrant 
44.4 	or applicant for registration fails to appear at a hearing after having been duly notified of 
44.5 	it, the person shall be considered in default, and the proceeding may be determined against 
44.6 	the registrant or applicant for registration upon consideration of the order to show cause, 
44.7 	the allegations of which may be considered to be true.

44.8 	Sec. 12. Minnesota Statutes 2012, section 115C.13, is amended to read:
44.9 	115C.13 REPEALER.
44.10 	Sections 115C.01, 115C.02, 115C.021, 115C.03, 115C.04, 115C.045, 115C.05, 
44.11 	115C.06, 115C.065, 115C.07, 115C.08, 115C.09, 115C.093, 115C.094, 115C.10, 115C.11, 
44.12 	115C.111,115C.112, 115C.113, 115C.12, and 115C.13, are repealed effective June 30, 
44.13 	2017.

44.14 	Sec. 13. Minnesota Statutes 2012, section 239.011, subdivision 2, is amended to read:
44.15 		Subd. 2.Duties and powers. To carry out the responsibilities in section 239.01
44.16 	and subdivision 1, the director:
44.17 	(1) shall take charge of, keep, and maintain in good order the standard of weights 
44.18 	and measures of the state and keep a seal so formed as to impress, when appropriate, the 
44.19 	letters "MINN" and the date of sealing upon the weights and measures that are sealed;
44.20 	(2) has general supervision of the weights, measures, and weighing and measuring 
44.21 	devices offered for sale, sold, or in use in the state;
44.22 	(3) shall maintain traceability of the state standards to the national standards of the 
44.23 	National Institute of Standards and Technology;
44.24 	(4) shall enforce this chapter;
44.25 	(5) shall grant variances from department rules, within the limits set by rule, when 
44.26 	appropriate to maintain good commercial practices or when enforcement of the rules 
44.27 	would cause undue hardship;
44.28 	(6) shall conduct investigations to ensure compliance with this chapter;
44.29 	(7) may delegate to division personnel the responsibilities, duties, and powers 
44.30 	contained in this section;
44.31 	(8) shall test annually, and approve when found to be correct, the standards of 
44.32 	weights and measures used by the division, by a town, statutory or home rule charter city, 
44.33 	or county within the state, or by a person using standards to repair, adjust, or calibrate 
44.34 	commercial weights and measures;
45.1 	(9) shall inspect and test weights and measures kept, offered, or exposed for sale;
45.2 	(10) shall inspect and test, to ascertain if they are correct, weights and measures 
45.3 	commercially used to:
45.4 	(i) determine the weight, measure, or count of commodities or things sold, offered, 
45.5 	or exposed for sale, on the basis of weight, measure, or count; and
45.6 	(ii) compute the basic charge or payment for services rendered on the basis of 
45.7 	weight, measure, or count;
45.8 	(11) shall approve for use and mark weights and measures that are found to be correct;
45.9 	(12) shall reject, and mark as rejected, weights and measures that are found to be 
45.10 	incorrect and may seize them if those weights and measures:
45.11 	(i) are not corrected within the time specified by the director;
45.12 	(ii) are used or disposed of in a manner not specifically authorized by the director; or
45.13 	(iii) are found to be both incorrect and not capable of being made correct, in which 
45.14 	case the director shall condemn those weights and measures;
45.15 	(13) shall weigh, measure, or inspect packaged commodities kept, offered, or exposed 
45.16 	for sale, sold, or in the process of delivery, to determine whether they contain the amount 
45.17 	represented and whether they are kept, offered, or exposed for sale in accordance with 
45.18 	this chapter and department rules. In carrying out this section, the director must employ 
45.19 	recognized sampling procedures, such as those contained in National Institute of Standards 
45.20 	and Technology Handbook 133, "Checking the Net Contents of Packaged Goods";
45.21 	(14) shall prescribe the appropriate term or unit of weight or measure to be used for 
45.22 	a specific commodity when an existing term or declaration of quantity does not facilitate 
45.23 	value comparisons by consumers, or creates an opportunity for consumer confusion;
45.24 	(15) shall allow reasonable variations from the stated quantity of contents, including 
45.25 	variations caused by loss or gain of moisture during the course of good distribution 
45.26 	practice or by unavoidable deviations in good manufacturing practice, only after the 
45.27 	commodity has entered commerce within the state;
45.28 	(16) shall inspect and test petroleum products in accordance with this chapter and 
45.29 	chapter 296A;
45.30 	(17) shall distribute and post notices for used motor oil and used motor oil filters and 
45.31 	lead acid battery recycling in accordance with sections 239.54,325E.11, and 325E.115;
45.32 	(18) shall collect inspection fees in accordance with sections 239.10 and 239.101; and
45.33 	(19) shall provide metrological services and support to businesses and individuals in 
45.34 	the United States who wish to market products and services in the member nations of the 
45.35 	European Economic Community, and other nations outside of the United States by:
46.1 	(i) meeting, to the extent practicable, the measurement quality assurance standards 
46.2 	described in the International Standards Organization ISO 17025;
46.3 	(ii) maintaining, to the extent practicable, certification of the metrology laboratory 
46.4 	by an internationally accepted accrediting body such as the National Voluntary Laboratory 
46.5 	Accreditation Program (NVLAP); and
46.6 	(iii) providing calibration and consultation services to metrology laboratories in 
46.7 	government and private industry in the United States.

46.8 	Sec. 14. Minnesota Statutes 2012, section 239.46, is amended to read:
46.9 	239.46 FINES CREDITED TO SCHOOL FUNDS.
46.10 	All fines collected under the provisions of sections 239.28 to section239.38 shall 
46.11 	be paid to the county treasurer for the benefit of the school fund of the county where 
46.12 	the action is brought.

46.13 	Sec. 15. Minnesota Statutes 2012, section 256E.25, subdivision 5a, is amended to read:
46.14 		Subd. 5a.Excluded programs. Programs transferred to the Department of 
46.15 	Education from the Department of Employment and Economic Development may not be 
46.16 	included in the consolidated funding account and are ineligible for local consolidation. 
46.17 	The commissioner may not apply for federal waivers to include these programs in funding 
46.18 	consolidation initiatives. The programs include the following:
46.19 	(1) programs for the homeless under sections 116L.365 and 256E.33;
46.20 	(2) emergency energy assistance and energy conservation programs under sections 
46.21 	216C.263 and section216C.265;
46.22 	(3) weatherization programs under section 216C.264;
46.23 	(4) food shelf programs under section 256E.34 and the emergency food assistance 
46.24 	program; and
46.25 	(5) lead abatement programs under section 256E.37.

46.26 	Sec. 16. Minnesota Statutes 2012, section 325E.11, is amended to read:
46.27 	325E.11 COLLECTION FACILITIES; NOTICE.
46.28 	(a) Any person selling at retail or offering motor oil or motor oil filters for retail 
46.29 	sale in this state shall:
46.30 	(1) post a notice indicating the nearest location where used motor oil and used motor 
46.31 	oil filters may be returned at no cost for recycling or reuse, post a toll-free telephone 
46.32 	number that may be called by the public to determine a convenient location, or post a 
47.1 	listing of locations where used motor oil and used motor oil filters may be returned at 
47.2 	no cost for recycling or reuse; or
47.3 	(2) if the person is subject to section 325E.112, subdivision 1, paragraph (b), post 
47.4 	a notice informing customers purchasing motor oil or motor oil filters of the location of 
47.5 	the used motor oil and used motor oil filter collection site established by the retailer in 
47.6 	accordance with section 325E.112, subdivision 1, paragraph (b), where used motor oil and 
47.7 	used motor oil filters may be returned at no cost.
47.8 	(b) A notice under paragraph (a) shall be posted on or adjacent to the motor oil and 
47.9 	motor oil filter displays, be at least 8-1/2 inches by 11 inches in size, contain the universal 
47.10 	recycling symbol with the following language:
47.11 	(1) "It is illegal to put used oil and used motor oil filters in the garbage.";
47.12 	(2) "Recycle your used oil and used motor oil filters."; and
47.13 	(3)(i) "There is a free collection site here for your used oil and used motor oil filters.";
47.14 	(ii) "There is a free collection site for used oil and used motor oil filters located at 
47.15 	(name of business and street address).";
47.16 	(iii) "For the location of a free collection site for used oil and used motor oil filters 
47.17 	call (toll-free phone number)."; or
47.18 	(iv) "Here is a list of free collection sites for used oil and used motor oil filters."
47.19 	(c) The Division of Weights and Measures in the Department of Commerce shall 
47.20 	enforce compliance with this section as provided in section 239.54. The Pollution Control 
47.21 	Agency shall enforce compliance with this section under sections 115.071 and 116.072 in 
47.22 	coordination with the Division of Weights and Measures.

47.23 	Sec. 17. Minnesota Statutes 2012, section 325E.115, subdivision 2, is amended to read:
47.24 		Subd. 2.Compliance; management. The Division of Weights and Measures in 
47.25 	the Department of Commerce shall enforce compliance of subdivision 1 as provided in 
47.26 	section 239.54. The commissioner of the Pollution Control Agency shall inform persons 
47.27 	governed by subdivision 1 of requirements for managing lead acid batteries.

47.28 	Sec. 18. Minnesota Statutes 2012, section 332.31, subdivision 1, is amended to read:
47.29 		Subdivision 1.Terms. The terms in this section for the purposes of sections 332.31
47.30 	to 332.45 332.44 shall have the meanings given them.

47.31 	Sec. 19. Minnesota Statutes 2012, section 332.311, is amended to read:
47.32 	332.311 TRANSFER OF ADMINISTRATIVE FUNCTIONS.
48.1 	The powers, duties, and responsibilities of the consumer services section under 
48.2 	sections 332.31 to 332.45 332.44 relating to collection agencies are hereby transferred to 
48.3 	and imposed upon the commissioner of commerce.

48.4 	Sec. 20. Minnesota Statutes 2012, section 332.33, subdivision 1, is amended to read:
48.5 		Subdivision 1.Requirement. Except as otherwise provided in this chapter, no 
48.6 	person shall conduct within this state a collection agency or engage within this state 
48.7 	in the business of collecting claims for others as defined in sections 332.31 to 332.45
48.8 	 332.44, without having first applied for and obtained a collection agency license. A person 
48.9 	acting under the authority of a collection agency, as a collector, must first register with the 
48.10 	commissioner under this section. A registered collector may use one additional assumed 
48.11 	name only if the assumed name is registered with and approved by the commissioner.

48.12 	Sec. 21. Minnesota Statutes 2012, section 332.33, subdivision 2, is amended to read:
48.13 		Subd. 2.Penalty. A person who carries on business as a collection agency without 
48.14 	first having obtained a license or acts as a collector without first having registered with 
48.15 	the commissioner pursuant to sections 332.31 to 332.45 332.44, or who carries on this 
48.16 	business after the revocation, suspension, or expiration of a license or registration is 
48.17 	guilty of a misdemeanor.

48.18 	Sec. 22. Minnesota Statutes 2012, section 332.33, subdivision 3, is amended to read:
48.19 		Subd. 3.Term. Licenses issued or renewed and registrations received by the 
48.20 	commissioner of commerce under sections 332.31 to 332.45 332.44 shall expire on June 
48.21 	30. Each collection agency license shall plainly state the name and business address of 
48.22 	the licensee, and shall be posted in a conspicuous place in the office where the business 
48.23 	is transacted. The fee for each collection agency license is $500, and renewal is $400. 
48.24 	The fee for each collector registration and renewal is $10. A collection agency licensee 
48.25 	who desires to carry on business in more than one place shall procure a license for each 
48.26 	place where the business is to be conducted.

48.27 	Sec. 23. Minnesota Statutes 2012, section 332.33, subdivision 5, is amended to read:
48.28 		Subd. 5.Collection agency license issuance. Every application for a collection 
48.29 	agency license or renewal shall be acted upon promptly by the commissioner but in no 
48.30 	event more than 45 days after receipt of the application. Each applicant may be issued a 
48.31 	temporary license after submitting a complete application which meets all requirements 
48.32 	for licensure. This license shall be effective until a permanent license is issued by the 
49.1 	commissioner. If the application complies in form and substance with sections 332.31 to 
49.2 	332.45 332.44 and the rules adopted under those sections and the commissioner finds that 
49.3 	the applicant is qualified under sections 332.31 to 332.45 332.44, the commissioner shall 
49.4 	issue a license immediately. If the application is not sufficient in form or substance, the 
49.5 	commissioner shall reject it and notify the applicant of the manner in which it is deficient. 
49.6 	The rejection is without prejudice to the filing of a new application. On finding that the 
49.7 	applicant is not qualified under sections 332.31 to 332.45 332.44, the commissioner shall 
49.8 	reject the application and shall give the applicant written notice of the rejection and the 
49.9 	reasons for the rejection.

49.10 	Sec. 24. Minnesota Statutes 2012, section 332.33, subdivision 5a, is amended to read:
49.11 		Subd. 5a.Individual collector registration. A licensed collection agency, on behalf 
49.12 	of an individual collector, must register with the state all individuals in the collection 
49.13 	agency's employ who are performing the duties of a collector as defined in sections 
49.14 	332.31 to 332.45 332.44. The collection agency must apply for an individual collection 
49.15 	registration on a form provided by the commissioner, or electronically when available. 
49.16 	The collection agency shall verify on the form that the applicant has confirmed that the 
49.17 	applicant meets the requirements to perform the duties of a collector as defined in sections 
49.18 	332.31 to 332.45 332.44. Upon submission of the form to the department, the individual 
49.19 	may begin to perform the duties of a collector and may continue to do so unless the licensed 
49.20 	collection agency is informed by the commissioner that the individual is ineligible.

49.21 	Sec. 25. Minnesota Statutes 2012, section 332.38, is amended to read:
49.22 	332.38 APPLICATION IN CASE OF PRETENDED PURCHASE, 
49.23 	ASSIGNMENT OR USE OF A FICTITIOUS NAME.
49.24 	The provisions of sections 332.31 to 332.45 332.44 shall apply to any person 
49.25 	who, by any device, subterfuge or pretense, makes a pretended purchase or takes a 
49.26 	pretended assignment of accounts from another for the purpose of evading provisions of 
49.27 	sections 332.31 to 332.45 332.44, or, uses a fictitious name or any name other than the 
49.28 	person's own name which would indicate to the debtor that a third person is collecting or 
49.29 	attempting to collect such account or claim.

49.30 	Sec. 26. Minnesota Statutes 2012, section 332.39, is amended to read:
49.31 	332.39 INJUNCTIONS.
49.32 	The attorney general or the county attorney of any county may apply for an 
49.33 	injunction in district court to enjoin any violations of sections 332.31 to 332.45 332.44, or 
50.1 	any practices prohibited in section 332.37, and any such court may issue temporary or 
50.2 	permanent injunctions as the circumstances shall require. Such injunctive proceedings 
50.3 	shall be in addition to and not in lieu of penalties and remedies otherwise provided in 
50.4 	sections 332.31 to 332.45 332.44.

50.5 	Sec. 27. Minnesota Statutes 2012, section 332.40, subdivision 1, is amended to read:
50.6 		Subdivision 1.Examination of licensee's or registered individual collector's 
50.7 	records. The commissioner of commerce may make examinations of the collection 
50.8 	records of a licensee or registered individual collector at a reasonable time and in a scope 
50.9 	as is necessary to enforce the provisions of sections 332.31 to 332.45 332.44, and for that 
50.10 	purpose the commissioner shall have free access to the books and records of a licensee 
50.11 	or registered individual collector relating thereto. If a licensee or registered individual 
50.12 	collector violates any provision of sections 332.31 to 332.45 332.44, or any administrative 
50.13 	rules issued pursuant to sections 332.31 to 332.45 332.44, fails to maintain its financial 
50.14 	condition sufficient to qualify for licensure or registration on an original application, or, 
50.15 	fails to maintain its registration or comply with all of the requirements of chapter 303, 
50.16 	the commissioner may, after notice and hearing in accordance with the provisions of the 
50.17 	laws of this state governing proceedings before administrative agencies, revoke a license 
50.18 	or registration, or suspend a license or registration for a period as the commissioner 
50.19 	deems proper.

50.20 	Sec. 28. Minnesota Statutes 2012, section 332.40, subdivision 2, is amended to read:
50.21 		Subd. 2.Other examinations. The commissioner may investigate within or 
50.22 	without this state as the commissioner deems necessary to determine whether any person 
50.23 	has violated any provision of the Fair Debt Collection Practices Act of 1977, Public 
50.24 	Law 95-109 or of sections 332.31 to 332.45 332.44, or any rule or order thereunder; to 
50.25 	determine whether a license or registration should be issued, renewed, or revoked; to aid 
50.26 	in the enforcement of sections 332.31 to 332.45 332.44; or in prescribing rules and forms 
50.27 	thereunder. The commissioner may publish information concerning any violation of 
50.28 	sections 332.31 to 332.45 332.44 or any rule or order thereunder.

50.29 	Sec. 29. Minnesota Statutes 2012, section 332.40, subdivision 3, is amended to read:
50.30 		Subd. 3.Commissioner's powers. For the purpose of any investigation or 
50.31 	proceeding under sections 332.31 to 332.45 332.44, the commissioner or any person 
50.32 	designated by the commissioner may administer oaths and affirmations, subpoena 
50.33 	collection agencies or collectors and compel their attendance, take evidence and require 
51.1 	the production of any books, papers, correspondence, memoranda, agreements or other 
51.2 	documents or records which the commissioner deems relevant or material to the inquiry. 
51.3 	The subpoena shall contain a written statement setting forth the circumstances which have 
51.4 	reasonably caused the commissioner to believe that a violation of sections 332.31 to 
51.5 	332.45 332.44 may have occurred.
51.6 	In the event that the collection agency or collector refuses to obey the subpoena, or 
51.7 	should the commissioner, upon completion of the examination of the collection agency 
51.8 	or collector, reasonably conclude that a violation has occurred, the commissioner may 
51.9 	examine additional witnesses, including third parties, as may be necessary to complete the 
51.10 	investigation.
51.11 	Any subpoena issued pursuant to this section shall be served by certified mail or by 
51.12 	personal service. Service shall be made at least 15 days prior to the date of appearance.

51.13 	Sec. 30. Minnesota Statutes 2012, section 332.42, subdivision 1, is amended to read:
51.14 		Subdivision 1.Verified financial statement. The commissioner of commerce may 
51.15 	at any time require a collection agency licensee to submit a verified financial statement for 
51.16 	examination by the commissioner to determine whether the collection agency licensee 
51.17 	is financially responsible to carry on a collection agency business within the intents and 
51.18 	purposes of sections 332.31 to 332.45 332.44.

51.19 	Sec. 31. Minnesota Statutes 2012, section 332.42, subdivision 2, is amended to read:
51.20 		Subd. 2.Record keeping. The commissioner shall require the collection agency 
51.21 	licensee to keep such books and records in the licensee's place of business in this state as 
51.22 	will enable the commissioner to determine whether there has been compliance with the 
51.23 	provisions of sections 332.31 to 332.45 332.44, unless the agency is a foreign corporation 
51.24 	duly authorized, admitted, and licensed to do business in this state and complies with all 
51.25 	the requirements of chapter 303 and with all other requirements of sections 332.31 to 
51.26 	332.45 332.44. Every collection agency licensee shall preserve the records of final entry 
51.27 	used in such business for a period of five years after final remittance is made on any 
51.28 	amount placed with the licensee for collection or after any account has been returned to 
51.29 	the claimant on which one or more payments have been made.

51.30 	Sec. 32. Minnesota Statutes 2012, section 332.44, is amended to read:
51.31 	332.44 RULEMAKING POWER.
52.1 	The commissioner of commerce shall make and file in accordance with the 
52.2 	provisions of chapter 14, all reasonable rules as shall be necessary for the administration 
52.3 	of sections 332.31 to 332.45 332.44.

52.4 	Sec. 33. Minnesota Statutes 2012, section 386.015, subdivision 5, is amended to read:
52.5 		Subd. 5.Public and private fees. The county recorder shall charge and collect all 
52.6 	fees as prescribed by law and all such fees collected as county recorder shall be paid to the 
52.7 	county in the manner and at the time prescribed by the county board, but not less often 
52.8 	than once each month. This subdivision shall apply to the fees collected by the county 
52.9 	recorder in performing the duties of the registrar of titles and all such fees shall be paid to 
52.10 	the county as herein provided. A county recorder may retain as personal compensation 
52.11 	any fees the recorder is permitted to charge by law for services rendered in a private 
52.12 	capacity as a registered abstracter as defined in section 386.61, subdivision 2, clause (2).

52.13 	Sec. 34. Minnesota Statutes 2012, section 386.62, is amended to read:
52.14 	386.62 LICENSE REQUIRED.
52.15 	No official, person, firm, association, or corporation shall engage in the business 
52.16 	of making abstracts of title and issuing certificates showing ownership of, or interest in, 
52.17 	or liens upon any lands in the state of Minnesota, whether registered or not, without first 
52.18 	obtaining a license pursuant to the provisions of sections 386.61 386.62 to 386.76.

52.19 	Sec. 35. Minnesota Statutes 2012, section 386.65, subdivision 1, is amended to read:
52.20 		Subdivision 1.Procedure; conditions. Applications for a license shall be made 
52.21 	to the commissioner and shall be upon a form to be prepared by the commissioner 
52.22 	and contain such information as may be required by it. Each applicant must pass an 
52.23 	examination approved for use by the commissioner. The examination must be of sufficient 
52.24 	scope to establish the applicant as capable of performing the duties of an abstracter whose 
52.25 	work will be for the use and protection of the public. If application is made by a firm or 
52.26 	corporation, one of the members or managing officials thereof shall take such examination. 
52.27 	If the applicant successfully passes the examination and complies with all the provisions of 
52.28 	sections 386.61 386.62 to 386.76, the commissioner shall issue a license to the applicant.

52.29 	Sec. 36. Minnesota Statutes 2012, section 386.705, is amended to read:
52.30 	386.705 ADMINISTRATIVE ACTIONS AND PENALTIES.
52.31 	An abstracter licensed under sections 386.61 386.62 to 386.76 is subject to the 
52.32 	penalties imposed pursuant to section 45.027. The commissioner has all the powers 
53.1 	provided in section 45.027 and shall proceed in the manner provided by that section in 
53.2 	actions against abstracters.

53.3 	Sec. 37. Minnesota Statutes 2012, section 386.706, is amended to read:
53.4 	386.706 RULES.
53.5 	The commissioner may adopt rules necessary for the administration of sections 
53.6 	386.61 386.62 to 386.76.

53.7 	Sec. 38. Minnesota Statutes 2012, section 386.73, is amended to read:
53.8 	386.73 COUNTY RECORDERS, MAY EMPLOY LICENSED 
53.9 	ABSTRACTERS.
53.10 	Nothing herein shall prohibit any county recorder who does not hold a certificate 
53.11 	of authority pursuant to the provisions hereof from employing a licensed abstracter and 
53.12 	issuing abstracts pursuant to sections 386.61 386.62 to 386.76.

53.13 	Sec. 39. Minnesota Statutes 2012, section 386.74, is amended to read:
53.14 	386.74 RIGHTS OF COUNTY RECORDERS NOT ABRIDGED.
53.15 	Sections 386.61 386.62 to 386.76 shall not apply to nor abridge the rights of county 
53.16 	recorders, as set forth in section 386.37.

53.17 	Sec. 40. Minnesota Statutes 2012, section 386.76, is amended to read:
53.18 	386.76 VIOLATION A MISDEMEANOR.
53.19 	Any person who violates any of the provisions of sections 386.61 386.62 to 386.76
53.20 	shall be guilty of a misdemeanor.

53.21 	Sec. 41.  REPEALER.
 53.22 	Minnesota Statutes 2012, sections 13.713, subdivision 4; and 72A.53, are repealed.