HF 460

1st Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to commerce; relating to the administrative 
  1.3             duties of the commissioner; regulating service of 
  1.4             orders and other papers; modifying enforcement powers; 
  1.5             regulating notaries public; amending Minnesota 
  1.6             Statutes 1994, sections 45.027, subdivision 7, and by 
  1.7             adding a subdivision; 214.101, by adding a 
  1.8             subdivision; 359.01; 359.02; 332.34; and 359.12; 
  1.9             proposing coding for new law in Minnesota Statutes, 
  1.10            chapters 45; and 359. 
  1.11  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.12     Section 1.  [45.014] [SERVICE OF ORDERS OR OTHER PAPERS.] 
  1.13     Service of orders or other papers required or permitted to 
  1.14  be issued by the commissioner related to the duties and 
  1.15  responsibilities entrusted to the commissioner may be by any of 
  1.16  the following methods: 
  1.17     (1) personal service consistent with requirements for 
  1.18  service of a summons or process under section 303.13 or 543.19, 
  1.19  or under Rule 4.03 of the Minnesota Rules of Civil Procedure; 
  1.20     (2) first class United States mail, including certified 
  1.21  United States mail, or overnight express mail service, postage 
  1.22  prepaid and addressed to the party at the party's last known 
  1.23  address.  Service by United States mail, including certified 
  1.24  mail, is complete upon placing the order or other paper in the 
  1.25  mail or otherwise delivering the order or other paper to the 
  1.26  United States Postal Service.  Service by overnight express mail 
  1.27  service is complete upon delivering the order or other document 
  1.28  to an authorized agent of the express mail service; or 
  2.1      (3) any other method of service provided under the laws 
  2.2   relating to duties and responsibilities entrusted to the 
  2.3   commissioner. 
  2.4      Sec. 2.  Minnesota Statutes 1994, section 45.027, 
  2.5   subdivision 7, is amended to read: 
  2.6      Subd. 7.  [ACTIONS AGAINST LICENSEES.] In addition to any 
  2.7   other actions authorized by this section, the commissioner may, 
  2.8   by order, deny, suspend, or revoke the authority or license of a 
  2.9   person subject to the duties and responsibilities entrusted to 
  2.10  the commissioner, as described under section 45.011, subdivision 
  2.11  4, or censure that person if the commissioner finds that: 
  2.12     (1) the order is in the public interest; and 
  2.13     (2) the person has violated any law, rule, or order related 
  2.14  to the duties and responsibilities entrusted to the 
  2.15  commissioner; or 
  2.16     (3) the person has provided false, misleading, or 
  2.17  incomplete information to the commissioner or has refused to 
  2.18  allow a reasonable inspection of records or premises.; or 
  2.19     (4) the person has engaged in an act or practice, whether 
  2.20  or not the act or practice directly involves the business for 
  2.21  which the person is licensed or authorized, which demonstrates 
  2.22  that the applicant or licensee is untrustworthy, financially 
  2.23  irresponsible, or otherwise incompetent or unqualified to act 
  2.24  under the authority or license granted by the commissioner. 
  2.25     Except for information classified as confidential under 
  2.26  sections 60A.03, subdivision 9; 60A.031; 60A.93; and 60D.22, the 
  2.27  commissioner may make any data otherwise classified as private 
  2.28  or confidential pursuant to this section accessible to an 
  2.29  appropriate person or agency if the commissioner determines that 
  2.30  the access will aid the law enforcement process, promote public 
  2.31  health or safety, or dispel widespread rumor or unrest.  If the 
  2.32  commissioner determines that private or confidential information 
  2.33  should be disclosed, the commissioner shall notify the attorney 
  2.34  general as to the information to be disclosed, the purpose of 
  2.35  the disclosure, and the need for the disclosure.  The attorney 
  2.36  general shall review the commissioner's determination.  If the 
  3.1   attorney general believes that the commissioner's determination 
  3.2   does not satisfy the purpose and intent of this provision, the 
  3.3   attorney general shall advise the commissioner in writing that 
  3.4   the information may not be disclosed.  If the attorney general 
  3.5   believes the commissioner's determination satisfies the purpose 
  3.6   and intent of this provision, the attorney general shall advise 
  3.7   the commissioner in writing, accordingly. 
  3.8      After disclosing information pursuant to this provision, 
  3.9   the commissioner shall advise the chairs of the senate and house 
  3.10  of representatives judiciary committees of the disclosure and 
  3.11  the basis for it. 
  3.12     Sec. 3.  Minnesota Statutes 1994, section 45.027, is 
  3.13  amended by adding a subdivision to read: 
  3.14     Subd. 12.  [SUSPENSION OF LICENSE FOR FAILURE TO PAY CHILD 
  3.15  SUPPORT OR MAINTENANCE.] (a) In addition to the provisions of 
  3.16  subdivision 7, the commissioner shall suspend a license if a 
  3.17  court of competent jurisdiction or public authority responsible 
  3.18  for child support enforcement notifies the commissioner that the 
  3.19  licensee is in arrears in child support or maintenance payments 
  3.20  and the license should be suspended. 
  3.21     (b) If a public authority notifies the commissioner that a 
  3.22  license should be suspended pursuant to paragraph (a), the 
  3.23  public authority must, at least 30 days prior to notifying the 
  3.24  commissioner, send a notice to the license holder in writing and 
  3.25  by first class mail, addressed to the license holder's last 
  3.26  known address, specifying that the authority intends to seek 
  3.27  license suspension pursuant to section 518.551, subdivision 12.  
  3.28  If the license holder requests a hearing in writing within 30 
  3.29  days of the date of the notice, either a court hearing or a 
  3.30  contested administrative proceeding must be held in accordance 
  3.31  with the authority of section 518.5511.  Notwithstanding any law 
  3.32  to the contrary, the license holder must be served with 14 days' 
  3.33  notice, in writing, specifying the time and place of the 
  3.34  hearing, and the allegations against the license holder.  The 
  3.35  notice may be served personally or by mail. 
  3.36     Sec. 4.  Minnesota Statutes 1994, section 214.101, is 
  4.1   amended by adding a subdivision to read: 
  4.2      Subd. 6.  [PERSONS LICENSED BY THE DEPARTMENT OF COMMERCE.] 
  4.3   Notwithstanding subdivisions 1 to 5, persons licensed by the 
  4.4   department of commerce who are found to be in arrears in child 
  4.5   support or maintenance payments are subject to the procedures 
  4.6   set forth in section 45.027, subdivision 12. 
  4.7      Sec. 5.  [359.001] [DEFINITION.] 
  4.8      As used in this chapter, "commissioner" means the 
  4.9   commissioner of commerce. 
  4.10     Sec. 6.  Minnesota Statutes 1994, section 359.01, is 
  4.11  amended to read: 
  4.12     359.01 [COMMISSION.] 
  4.13     Subdivision 1.  [RESIDENT NOTARIES.] The governor may 
  4.14  appoint and commission as notaries public, by and with the 
  4.15  advice and consent of the senate, as many citizens of this state 
  4.16  or resident aliens, over the age of 18 years, as the governor 
  4.17  considers necessary.  The commissioner of commerce shall perform 
  4.18  all duties necessary to appoint and commission notaries public 
  4.19  under this section on the governor's behalf. 
  4.20     Subd. 2.  [NONRESIDENT NOTARIES.] Notwithstanding the 
  4.21  provisions of subdivision 1, the governor may appoint as notary 
  4.22  public, by and with the advice and consent of the senate, a 
  4.23  person who is not a resident of this state may be appointed as a 
  4.24  notary public if:  
  4.25     (1) the person is a resident of Wisconsin, Iowa, North 
  4.26  Dakota, or South Dakota, and of a county that shares a boundary 
  4.27  with this state; 
  4.28     (2) the person designates the commissioner as agent for the 
  4.29  service of process for all purposes relating to notarial acts 
  4.30  and for receipt of all correspondence relating to notarial acts. 
  4.31     Subd. 3.  [FEES.] (a) When making application for a 
  4.32  commission the applicant must submit, along with the information 
  4.33  required by the commissioner, a nonrefundable fee of $40. 
  4.34     (b) All fees shall be retained by the commissioner and are 
  4.35  nonreturnable, except that an overpayment of a fee is the 
  4.36  subject of a refund upon proper application. 
  5.1      Sec. 7.  Minnesota Statutes 1994, section 359.02, is 
  5.2   amended to read: 
  5.3      359.02 [TERM.] 
  5.4      A notary commissioned under section 359.01 holds office for 
  5.5   five years, unless sooner removed by the governor or the 
  5.6   district court, or by action of the commissioner.  Within 30 
  5.7   days before the expiration of the commission a notary may be 
  5.8   reappointed for a new term to commence and to be designated in 
  5.9   the new commission as beginning upon the day immediately 
  5.10  following the date of the expiration.  The reappointment takes 
  5.11  effect and is valid although the appointing governor may not be 
  5.12  in the office of governor on the effective day. 
  5.13     (a) All notary commissions issued before January 31, 1995, 
  5.14  will expire on January 31, 1995. 
  5.15     (b) All notary commissions issued after January 31, 1995, 
  5.16  will expire at the end of the licensing period, which will end 
  5.17  every fifth year following January 31, 1995. 
  5.18     (c) All notary commissions issued during a licensing period 
  5.19  expire at the end of that period as set forth in this section. 
  5.20     Sec. 8.  Minnesota Statutes 1994, section 332.34, is 
  5.21  amended to read: 
  5.22     332.34 [BOND.] 
  5.23     The commissioner of commerce shall require each collection 
  5.24  agency licensee to annually file and maintain in force a 
  5.25  corporate surety bond for each license year, in a form to be 
  5.26  prescribed by, and acceptable to, the commissioner, and in the 
  5.27  sum of $20,000.  An applicant for a new or renewal license may 
  5.28  request that the amount of the bond be reduced to an amount not 
  5.29  less than $5,000.  This request may be granted upon a showing 
  5.30  that the total dollar amount received from debtors by the 
  5.31  collection agency in the preceding fiscal year did not exceed 
  5.32  $30,000.  A collection agency may deposit cash in and with a 
  5.33  depository acceptable to the commissioner in an amount and in 
  5.34  the manner prescribed and approved by the commissioner in lieu 
  5.35  of a bond. 
  5.36     Sec. 9.  Minnesota Statutes 1994, section 359.12, is 
  6.1   amended to read: 
  6.2      359.12 [ADMINISTRATIVE ACTIONS AND PENALTIES.] 
  6.3      Every notary who shall charge or receive a fee or reward 
  6.4   for any act or service done or rendered as a notary greater than 
  6.5   the amount allowed by law, or who dishonestly or unfaithfully 
  6.6   discharges duties as notary, or who has pleaded guilty, with or 
  6.7   without explicitly admitting guilt, plead nolo contendere, or 
  6.8   been convicted of a felony, gross misdemeanor, or misdemeanor 
  6.9   involving moral turpitude, is subject to the penalties imposed 
  6.10  pursuant to section 45.027, except that a notary may be removed 
  6.11  from office only by the governor or the district court.  The 
  6.12  commissioner has all the powers provided by section 45.027 and 
  6.13  shall proceed in the manner provided by that section in actions 
  6.14  against notaries. 
  6.15     Sec. 10.  [EFFECTIVE DATE.] 
  6.16     Sections 1 to 6 and 8 are effective the day following final 
  6.17  enactment.