HF 1031

1st Engrossment - 92nd Legislature (2021 - 2022) Posted on 04/12/2021 05:09pm

A bill for an act
relating to commerce; establishing a biennial budget for certain Department of
Commerce activities; modifying various provisions governing and administered
by the Department of Commerce; establishing a prescription drug affordability
board and related regulations; modifying various provisions regulating insurance;
establishing a student loan borrower bill of rights; modifying and adding consumer
protections; modifying provisions governing collection agencies and debt buyers;
modifying requirements for real estate appraiser continuing education; modifying
fees; establishing penalties; requiring reports; appropriating money; amending
Minnesota Statutes 2020, sections 13.712, by adding a subdivision; 45.305,
subdivision 1, by adding a subdivision; 45.306, by adding a subdivision; 45.33,
subdivision 1, by adding a subdivision; 47.59, subdivision 2; 47.60, subdivision
2; 47.601, subdivisions 2, 6; 48.512, subdivisions 2, 3, 7; 53.04, subdivision 3a;
56.131, subdivision 1; 60A.092, subdivision 10a, by adding a subdivision;
60A.0921, subdivision 2; 60A.14, subdivision 1; 60A.71, subdivision 7; 61A.245,
subdivision 4; 62J.23, subdivision 2; 65B.15, subdivision 1; 65B.43, subdivision
12; 65B.472, subdivision 1; 79.55, subdivision 10; 80G.06, subdivision 1; 82.57,
subdivisions 1, 5; 82.62, subdivision 3; 82.81, subdivision 12; 82B.021, subdivision
18, by adding subdivisions; 82B.03, by adding a subdivision; 82B.11, subdivision
3; 82B.195, by adding a subdivision; 115C.094; 174.29, subdivision 1; 174.30,
subdivisions 1, 10; 216B.62, subdivision 3b; 221.031, subdivision 3b; 256B.0625,
subdivisions 10, 17; 308A.201, subdivision 12; 325E.21, by adding subdivisions;
325F.171, by adding a subdivision; 325F.172, by adding a subdivision; 332.31,
subdivisions 3, 6, by adding subdivisions; 332.311; 332.32; 332.33, subdivisions
1, 2, 5, 5a, 7, 8, by adding a subdivision; 332.34; 332.345; 332.355; 332.37;
332.385; 332.40, subdivision 3; 332.42, subdivisions 1, 2; 386.375, subdivision
3; 514.972, subdivisions 4, 5; 514.973, subdivisions 3, 4; 514.974; 514.977;
proposing coding for new law in Minnesota Statutes, chapters 60A; 62J; 62Q;
80G; 82B; 325E; 325F; 332; proposing coding for new law as Minnesota Statutes,
chapter 58B; repealing Minnesota Statutes 2020, sections 45.017; 45.306,
subdivision 1; 60A.98; 60A.981; 60A.982; 115C.13.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

ARTICLE 1

COMMERCE FINANCE

Section 1. new text begin APPROPRIATIONS. new text end

new text begin The sums shown in the columns marked "Appropriations" are appropriated to the agencies
and for the purposes specified in this article. The appropriations are from the general fund,
or another named fund, and are available for the fiscal years indicated for each purpose.
The figures "2022" and "2023" used in this article mean that the appropriations listed under
them are available for the fiscal year ending June 30, 2022, or June 30, 2023, respectively.
"The first year" is fiscal year 2022. "The second year" is fiscal year 2023. "The biennium"
is fiscal years 2022 and 2023. If an appropriation in this act is enacted more than once in
the 2021 legislative session, the appropriation must be given effect only once.
new text end

			new text begin APPROPRIATIONS new text end
			new text begin Available for the Year new text end
			new text begin Ending June 30 new text end
				new text begin 2022 new text end		new text begin 2023 new text end

Sec. 2. new text begin DEPARTMENT OF COMMERCE new text end

new text begin Subdivision 1. new text end new text begin Total Appropriation new text end

new text begin $ new text end

new text begin 27,603,000 new text end

new text begin $ new text end

new text begin 26,920,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2022 new text end	new text begin 2023 new text end
new text begin General new text end	new text begin 24,267,000 new text end	new text begin 24,061,000 new text end
new text begin Special Revenue new text end	new text begin 2,570,000 new text end	new text begin 2,093,000 new text end
new text begin Workers' Compensation Fund new text end	new text begin 766,000 new text end	new text begin 766,000 new text end

new text begin The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end

new text begin Subd. 2. new text end new text begin Financial Institutions new text end

new text begin 1,923,000 new text end

new text begin 1,941,000 new text end

new text begin Appropriations by Fund new text end
new text begin General new text end	new text begin 1,923,000 new text end	new text begin 1,941,000 new text end

new text begin (a) $400,000 each year is for a grant to Prepare
and Prosper to develop, market, evaluate, and
distribute a financial services inclusion
program that (1) assists low-income and
financially underserved populations to build
savings and strengthen credit, and (2) provides
services to assist low-income and financially
underserved populations to become more
financially stable and secure. Money
remaining after the first year is available for
the second year.
new text end

new text begin (b) $254,000 each year is to administer the
requirements of Minnesota Statutes, chapter
58B.
new text end

new text begin Subd. 3. new text end new text begin Administrative Services new text end

new text begin 9,346,000 new text end

new text begin 8,821,000 new text end

new text begin (a) $392,000 in the first year and $401,000 in
the second year are for additional compliance
efforts with unclaimed property. The
commissioner may issue contracts for these
services.
new text end

new text begin (b) $5,000 each year is for Real Estate
Appraisal Advisory Board compensation
pursuant to Minnesota Statutes, section
82B.073, subdivision 2a.
new text end

new text begin (c) $353,000 each year is for system
modernization and cybersecurity upgrades for
the unclaimed property program.
new text end

new text begin (d) $564,000 each year is for additional
operations of the unclaimed property program.
new text end

new text begin (e) $832,000 in the first year and $208,000 in
the second year are for IT system
modernization. The base in fiscal year 2024
and beyond is $0.
new text end

new text begin Subd. 4. new text end new text begin Telecommunications new text end

new text begin 3,443,000 new text end

new text begin 3,183,000 new text end

new text begin Appropriations by Fund new text end
new text begin General new text end	new text begin 1,073,000 new text end	new text begin 1,090,000 new text end
new text begin Special Revenue new text end	new text begin 2,370,000 new text end	new text begin 2,093,000 new text end

new text begin $2,370,000 in the first year and $2,093,000 in
the second year are from the
telecommunications access Minnesota fund
account in the special revenue fund for the
following transfers:
new text end

new text begin (1) $1,620,000 each year is to the
commissioner of human services to
supplement the ongoing operational expenses
of the Commission of Deaf, DeafBlind, and
Hard-of-Hearing Minnesotans. This transfer
is subject to Minnesota Statutes, section
16A.281;
new text end

new text begin (2) $290,000 each year is to the chief
information officer to coordinate technology
accessibility and usability;
new text end

new text begin (3) $410,000 in the first year and $133,000 in
the second year are to the Legislative
Coordinating Commission for captioning
legislative coverage. This transfer is subject
to Minnesota Statutes, section 16A.281.
Notwithstanding any law to the contrary, the
commissioner of management and budget must
determine whether $310,000 of the
expenditures authorized under this clause for
the first year are eligible uses of federal
funding received under the Coronavirus State
Fiscal Recovery Fund or any other federal
funds received by the state under the American
Rescue Plan Act, Public Law 117-2. If the
commissioner of management and budget
determines an expenditure is eligible for
funding under Public Law 117-2, the amount
of the eligible expenditure is appropriated
from the account where the federal funds have
been deposited and the corresponding
Telecommunications Access Minnesota Fund
amounts appropriated under this clause cancel
to the Telecommunications Access Minnesota
Fund; and
new text end

new text begin (4) $50,000 each year is to the Office of
MN.IT Services for a consolidated access fund
to provide grants or services to other state
agencies related to accessibility of web-based
services.
new text end

new text begin Subd. 5. new text end new text begin Enforcement new text end

new text begin 6,231,000 new text end

new text begin 5,632,000 new text end

new text begin Appropriations by Fund new text end
new text begin General new text end	new text begin 5,825,000 new text end	new text begin 5,426,000 new text end
new text begin Workers' Compensation new text end	new text begin 206,000 new text end	new text begin 206,000 new text end
new text begin Special Revenue Fund new text end	new text begin 200,000 new text end	new text begin -0- new text end

new text begin (a) $283,000 in the first year and $286,000 in
the second year are for health care
enforcement.
new text end

new text begin (b) $201,000 each year is from the workers'
compensation fund.
new text end

new text begin (c) $5,000 each year is from the workers'
compensation fund for insurance fraud
specialist salary increases.
new text end

new text begin (d) Notwithstanding Minnesota Statutes,
section 297I.11, subdivision 2, $200,000 in
the first year is from the auto theft prevention
account in the special revenue fund for the
catalytic converter theft prevention pilot
project. This balance does not cancel but is
available in the second year.
new text end

new text begin (e) $190,000 in the first year is from the
general fund for the catalytic converter theft
prevention pilot project. This balance does not
cancel but is available in the second year. The
general fund base for the catalytic converter
theft prevention pilot project in fiscal year
2024 and fiscal year 2025 is $92,000.
new text end

new text begin (f) $300,000 in the first year is transferred
from the consumer education account in the
special revenue fund to the general fund.
$300,000 in the first year is to the
commissioner of education to issue grants of
$150,000 each year to the Minnesota Council
on Economic Education. This balance does
not cancel but is available in the second year.
new text end

new text begin Subd. 6. new text end new text begin Insurance new text end

new text begin 6,660,000 new text end

new text begin 7,343,000 new text end

new text begin Appropriations by Fund new text end
new text begin General new text end	new text begin 6,100,000 new text end	new text begin 6,783,000 new text end
new text begin Workers' Compensation new text end	new text begin 560,000 new text end	new text begin 560,000 new text end

new text begin (a) $656,000 in the first year and $671,000 in
the second year are for health insurance rate
review staffing.
new text end

new text begin (b) $421,000 in the first year and $431,000 in
the second year are for actuarial work to
prepare for implementation of principle-based
reserves.
new text end

new text begin (c) $30,000 in the first year is to pay for two
years of membership dues for Minnesota to
the National Conference of Insurance
Legislators.
new text end

new text begin (d) $428,000 in the first year and $432,000 in
the second year are for licensing activities
under Minnesota Statutes, chapter 62W. Of
this amount, $246,000 each year must be used
only for staff costs associated with two
enforcement investigators to enforce
Minnesota Statutes, chapter 62W.
new text end

new text begin (e) $560,000 each year is from the workers'
compensation fund.
new text end

new text begin (f) $197,000 in the first year is to establish the
Prescription Drug Affordability Board under
Minnesota Statutes, section 62J.87. Following
the first meeting of the board and prior to June
30, 2022, the commissioner shall transfer any
funds remaining from this appropriation to the
board.
new text end

new text begin (g) $358,000 in the second year is to the
Prescription Drug Affordability Board
established under Minnesota Statutes, section
62J.87, to implement the Prescription Drug
Affordability Act.
new text end

new text begin (h) $456,000 in the second year is to the
attorney general's office to enforce the
Prescription Drug Affordability Act.
new text end

Sec. 3. new text begin CANCELLATION; FISCAL YEAR 2021.
new text end

new text begin $1,220,000 of the fiscal year 2021 general fund appropriation under Laws 2019, First
Special Session chapter 7, article 1, section 6, subdivision 3, is canceled.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 4. new text begin DEPARTMENT OF COMMERCE; APPROPRIATION.
new text end

new text begin (a) $4,000 in fiscal year 2021 is appropriated from the workers' compensation fund to
the commissioner of commerce for insurance fraud specialist salary increases.
new text end

new text begin (b) $97,000 in fiscal year 2021 is appropriated from the general fund to the commissioner
of commerce for enforcement.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

ARTICLE 2

PRESCRIPTION DRUG AFFORDABILITY BOARD

Section 1.

new text begin [62J.85] CITATION.
new text end

new text begin Sections 62J.85 to 62J.95 may be cited as the "Prescription Drug Affordability Act."
new text end

Sec. 2.

new text begin [62J.86] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin For the purposes of sections 62J.85 to 62J.95, the following
terms have the meanings given them.
new text end

new text begin Subd. 2. new text end

new text begin Advisory council. new text end

new text begin "Advisory council" means the Prescription Drug Affordability
Advisory Council established under section 62J.88.
new text end

new text begin Subd. 3. new text end

new text begin Biologic. new text end

new text begin "Biologic" means a drug that is produced or distributed in accordance
with a biologics license application approved under Code of Federal Regulations, title 42,
section 447.502.
new text end

new text begin Subd. 4. new text end

new text begin Biosimilar. new text end

new text begin "Biosimilar" has the meaning given in section 62J.84, subdivision
2, paragraph (b).
new text end

new text begin Subd. 5. new text end

new text begin Board. new text end

new text begin "Board" means the Prescription Drug Affordability Board established
under section 62J.87.
new text end

new text begin Subd. 6. new text end

new text begin Brand name drug. new text end

new text begin "Brand name drug" has the meaning given in section 62J.84,
subdivision 2, paragraph (c).
new text end

new text begin Subd. 7. new text end

new text begin Generic drug. new text end

new text begin "Generic drug" has the meaning given in section 62J.84,
subdivision 2, paragraph (e).
new text end

new text begin Subd. 8. new text end

new text begin Group purchaser. new text end

new text begin "Group purchaser" has the meaning given in section 62J.03,
subdivision 6, and includes pharmacy benefit managers, as defined in section 62W.02,
subdivision 15.
new text end

new text begin Subd. 9. new text end

new text begin Manufacturer. new text end

new text begin "Manufacturer" means an entity that:
new text end

new text begin (1) engages in the manufacture of a prescription drug product or enters into a lease with
another manufacturer to market and distribute a prescription drug product under the entity's
own name; and
new text end

new text begin (2) sets or changes the wholesale acquisition cost of the prescription drug product it
manufacturers or markets.
new text end

new text begin Subd. 10. new text end

new text begin Prescription drug product. new text end

new text begin "Prescription drug product" means a brand name
drug, a generic drug, a biologic, or a biosimilar.
new text end

new text begin Subd. 11. new text end

new text begin Wholesale acquisition cost or WAC. new text end

new text begin "Wholesale acquisition cost" or "WAC"
has the meaning given in United States Code, title 42, section 1395W-3a(c)(6)(B).
new text end

Sec. 3.

new text begin [62J.87] PRESCRIPTION DRUG AFFORDABILITY BOARD.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin The commissioner of commerce shall establish the
Prescription Drug Affordability Board, which shall be governed as a board under section
15.012, paragraph (a), to protect consumers, state and local governments, health plan
companies, providers, pharmacies, and other health care system stakeholders from
unaffordable costs of certain prescription drugs.
new text end

new text begin Subd. 2. new text end

new text begin Membership. new text end

new text begin (a) The Prescription Drug Affordability Board consists of nine
members appointed as follows:
new text end

new text begin (1) seven voting members appointed by the governor;
new text end

new text begin (2) one nonvoting member appointed by the majority leader of the senate; and
new text end

new text begin (3) one nonvoting member appointed by the speaker of the house.
new text end

new text begin (b) All members appointed must have knowledge and demonstrated expertise in
pharmaceutical economics and finance or health care economics and finance. A member
must not be an employee of, a board member of, or a consultant to a manufacturer or trade
association for manufacturers or a pharmacy benefit manager or trade association for
pharmacy benefit managers.
new text end

new text begin (c) Initial appointments shall be made by January 1, 2022.
new text end

new text begin Subd. 3. new text end

new text begin Terms. new text end

new text begin (a) Board appointees shall serve four-year terms, except that initial
appointees shall serve staggered terms of two, three, or four years as determined by lot by
the secretary of state. A board member shall serve no more than two consecutive terms.
new text end

new text begin (b) A board member may resign at any time by giving written notice to the board.
new text end

new text begin Subd. 4. new text end

new text begin Chair; other officers. new text end

new text begin (a) The governor shall designate an acting chair from
the members appointed by the governor. The acting chair shall convene the first meeting
of the board.
new text end

new text begin (b) The board shall elect a chair to replace the acting chair at the first meeting of the
board by a majority of the members. The chair shall serve for one year.
new text end

new text begin (c) The board shall elect a vice-chair and other officers from the board's membership as
the board deems necessary.
new text end

new text begin Subd. 5. new text end

new text begin Staff; technical assistance. new text end

new text begin (a) The board shall hire an executive director and
other staff, who shall serve in the unclassified service. The executive director must have
knowledge and demonstrated expertise in pharmacoeconomics, pharmacology, health policy,
health services research, medicine, or a related field or discipline. The board may employ
or contract for professional and technical assistance as the board deems necessary to perform
the board's duties.
new text end

new text begin (b) The attorney general shall provide legal services to the board.
new text end

new text begin Subd. 6. new text end

new text begin Compensation. new text end

new text begin The board members shall not receive compensation but may
receive reimbursement for expenses as authorized under section 15.059, subdivision 3.
new text end

new text begin Subd. 7. new text end

new text begin Meetings. new text end

new text begin (a) Meetings of the board are subject to chapter 13D. The board shall
meet publicly at least every three months to review prescription drug product information
submitted to the board under section 62J.90. If there are no pending submissions, the chair
of the board may cancel or postpone the required meeting. The board may meet in closed
session when reviewing proprietary information, as determined under the standards developed
in accordance with section 62J.91, subdivision 4.
new text end

new text begin (b) The board shall announce each public meeting at least two weeks prior to the
scheduled date of the meeting. Any materials for the meeting shall be made public at least
one week prior to the scheduled date of the meeting.
new text end

new text begin (c) At each public meeting, the board shall provide the opportunity for comments from
the public, including the opportunity for written comments to be submitted to the board
prior to a decision by the board.
new text end

Sec. 4.

new text begin [62J.88] PRESCRIPTION DRUG AFFORDABILITY ADVISORY COUNCIL.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin The governor shall appoint a 12-member stakeholder
advisory council to provide advice to the board on drug cost issues and to represent
stakeholders' views. The members of the advisory council shall be appointed based on the
members' knowledge and demonstrated expertise in one or more of the following areas: the
pharmaceutical business; practice of medicine; patient perspectives; health care cost trends
and drivers; clinical and health services research; and the health care marketplace.
new text end

new text begin Subd. 2. new text end

new text begin Membership. new text end

new text begin The council's membership shall consist of the following:
new text end

new text begin (1) two members representing patients and health care consumers;
new text end

new text begin (2) two members representing health care providers;
new text end

new text begin (3) one member representing health plan companies;
new text end

new text begin (4) two members representing employers, with one member representing large employers
and one member representing small employers;
new text end

new text begin (5) one member representing government employee benefit plans;
new text end

new text begin (6) one member representing pharmaceutical manufacturers;
new text end

new text begin (7) one member who is a health services clinical researcher;
new text end

new text begin (8) one member who is a pharmacologist; and
new text end

new text begin (9) one member with expertise in health economics representing the commissioner of
health.
new text end

new text begin Subd. 3. new text end

new text begin Terms. new text end

new text begin (a) The initial appointments to the advisory council shall be made by
January 1, 2022. The initial appointed advisory council members shall serve staggered terms
of two, three, or four years determined by lot by the secretary of state. Following the initial
appointments, the advisory council members shall serve four-year terms.
new text end

new text begin (b) Removal and vacancies of advisory council members is governed by section 15.059.
new text end

new text begin Subd. 4. new text end

new text begin Compensation. new text end

new text begin Advisory council members may be compensated according to
section 15.059.
new text end

new text begin Subd. 5. new text end

new text begin Meetings. new text end

new text begin Meetings of the advisory council are subject to chapter 13D. The
advisory council shall meet publicly at least every three months to advise the board on drug
cost issues related to the prescription drug product information submitted to the board under
section 62J.90.
new text end

new text begin Subd. 6. new text end

new text begin Exemption. new text end

new text begin Notwithstanding section 15.059, the advisory council does not
expire.
new text end

Sec. 5.

new text begin [62J.89] CONFLICTS OF INTEREST.
new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

new text begin For purposes of this section, "conflict of interest" means a
financial or personal association that has the potential to bias or have the appearance of
biasing a person's decisions in matters related to the board, the advisory council, or in the
conduct of the board's or council's activities. A conflict of interest includes any instance in
which a person, a person's immediate family member, including a spouse, parent, child, or
other legal dependent, or an in-law of any of the preceding individuals has received or could
receive a direct or indirect financial benefit of any amount deriving from the result or findings
of a decision or determination of the board. For purposes of this section, a financial benefit
includes honoraria, fees, stock, the value of the member's, immediate family member's, or
in-law's stock holdings, and any direct financial benefit deriving from the finding of a review
conducted under sections 62J.85 to 62J.95. Ownership of securities is not a conflict of
interest if the securities are: (1) part of a diversified mutual or exchange traded fund; or (2)
in a tax-deferred or tax-exempt retirement account that is administered by an independent
trustee.
new text end

new text begin Subd. 2. new text end

new text begin General. new text end

new text begin (a) Prior to the acceptance of an appointment or employment, or prior
to entering into a contractual agreement, a board or advisory council member, board staff
member, or third-party contractor must disclose to the appointing authority or the board
any conflicts of interest. The information disclosed shall include the type, nature, and
magnitude of the interests involved.
new text end

new text begin (b) A board member, board staff member, or third-party contractor with a conflict of
interest with regard to any prescription drug product under review must recuse themselves
from any discussion, review, decision, or determination made by the board relating to the
prescription drug product.
new text end

new text begin (c) Any conflict of interest must be disclosed in advance of the first meeting after the
conflict is identified or within five days after the conflict is identified, whichever is earlier.
new text end

new text begin Subd. 3. new text end

new text begin Prohibitions. new text end

new text begin Board members, board staff, or third-party contractors are
prohibited from accepting gifts, bequeaths, or donations of services or property that raise
the specter of a conflict of interest or have the appearance of injecting bias into the activities
of the board.
new text end

Sec. 6.

new text begin [62J.90] PRESCRIPTION DRUG PRICE INFORMATION; DECISION TO
CONDUCT COST REVIEW.
new text end

new text begin Subdivision 1. new text end

new text begin Drug price information from the commissioner of health and other
sources. new text end

new text begin (a) The commissioner of health shall provide to the board the information reported
to the commissioner by drug manufacturers under section 62J.84, subdivisions 3, 4, and 5.
The commissioner shall provide this information to the board within 30 days of the date the
information is received from drug manufacturers.
new text end

new text begin (b) The board shall subscribe to one or more prescription drug pricing files, such as
Medispan or FirstDatabank, or as otherwise determined by the board.
new text end

new text begin Subd. 2. new text end

new text begin Identification of certain prescription drug products. new text end

new text begin (a) The board, in
consultation with the advisory council, shall identify the following prescription drug products:
new text end

new text begin (1) brand name drugs or biologics for which the WAC increases by more than ten percent
or by more than $10,000 during any 12-month period or course of treatment if less than 12
months, after adjusting for changes in the Consumer Price Index (CPI);
new text end

new text begin (2) brand name drugs or biologics that have been introduced at a WAC of $30,000 or
more per calendar year or per course of treatment;
new text end

new text begin (3) biosimilar drugs that have been introduced at a WAC that is not at least 15 percent
lower than the referenced brand name biologic at the time the biosimilar is introduced; and
new text end

new text begin (4) generic drugs for which the WAC:
new text end

new text begin (i) is $100 or more, after adjusting for changes in the Consumer Price Index (CPI), for:
new text end

new text begin (A) a 30-day supply lasting a patient for a period of 30 consecutive days based on the
recommended dosage approved for labeling by the United States Food and Drug
Administration (FDA);
new text end

new text begin (B) a supply lasting a patient for fewer than 30 days based on recommended dosage
approved for labeling by the FDA; or
new text end

new text begin (C) one unit of the drug if the labeling approved by the FDA does not recommend a
finite dosage; and
new text end

new text begin (ii) is increased by 200 percent or more during the immediate preceding 12-month period,
as determined by the difference between the resulting WAC and the average of the WAC
reported over the preceding 12 months, after adjusting for changes in the Consumer Price
Index (CPI).
new text end

new text begin (b) The board, in consultation with the advisory council, shall identify prescription drug
products not described in paragraph (a) that may impose costs that create significant
affordability challenges for the state health care system or for patients, including but not
limited to drugs to address public health emergencies.
new text end

new text begin (c) The board shall make available to the public the names and related price information
of the prescription drug products identified under this subdivision, with the exception of
information determined by the board to be proprietary under the standards developed by
the board under section 62J.91, subdivision 4.
new text end

new text begin Subd. 3. new text end

new text begin Determination to proceed with review. new text end

new text begin (a) The board may initiate a cost
review of a prescription drug product identified by the board under this section.
new text end

new text begin (b) The board shall consider requests by the public for the board to proceed with a cost
review of any prescription drug product identified under this section.
new text end

new text begin (c) If there is no consensus among the members of the board with respect to whether or
not to initiate a cost review of a prescription drug product, any member of the board may
request a vote to determine whether or not to review the cost of the prescription drug product.
new text end

Sec. 7.

new text begin [62J.91] PRESCRIPTION DRUG PRODUCT REVIEWS.
new text end

new text begin Subdivision 1. new text end

new text begin General. new text end

new text begin Once a decision by the board has been made to proceed with
a cost review of a prescription drug product, the board shall conduct the review and make
a determination as to whether appropriate utilization of the prescription drug under review,
based on utilization that is consistent with the United States Food and Drug Administration
(FDA) label or standard medical practice, has led or will lead to affordability challenges
for the state health care system or for patients.
new text end

new text begin Subd. 2. new text end

new text begin Review considerations. new text end

new text begin In reviewing the cost of a prescription drug product,
the board may consider the following factors:
new text end

new text begin (1) the price at which the prescription drug product has been and will be sold in the state;
new text end

new text begin (2) the average monetary price concession, discount, or rebate the manufacturer provides
to a group purchaser in this state as reported by the manufacturer and the group purchaser
expressed as a percent of the WAC for prescription drug product under review;
new text end

new text begin (3) the price at which therapeutic alternatives have been or will be sold in the state;
new text end

new text begin (4) the average monetary price concession, discount, or rebate the manufacturer provides
or is expected to provide to a group purchaser in the state or is expected to provide to group
purchasers in the state for therapeutic alternatives;
new text end

new text begin (5) the cost to group purchasers based on patient access consistent with the United States
Food and Drug Administration (FDA) labeled indications;
new text end

new text begin (6) the impact on patient access resulting from the cost of the prescription drug product
relative to insurance benefit design;
new text end

new text begin (7) the current or expected dollar value of drug-specific patient access programs that are
supported by manufacturers;
new text end

new text begin (8) the relative financial impacts to health, medical, or other social services costs that
can be quantified and compared to baseline effects of existing therapeutic alternatives;
new text end

new text begin (9) the average patient co-pay or other cost-sharing for the prescription drug product in
the state;
new text end

new text begin (10) any information a manufacturer chooses to provide; and
new text end

new text begin (11) any other factors as determined by the board.
new text end

new text begin Subd. 3. new text end

new text begin Further review factors. new text end

new text begin If, after considering the factors described in subdivision
2, the board is unable to determine whether a prescription drug product will produce or has
produced an affordability challenge, the board may consider:
new text end

new text begin (1) manufacturer research and development costs, as indicated on the manufacturer's
federal tax filing for the most recent tax year in proportion to the manufacturer's sales in
the state;
new text end

new text begin (2) that portion of direct-to-consumer marketing costs eligible for favorable federal tax
treatment in the most recent tax year that are specific to the prescription drug product under
review and that are multiplied by the ratio of total manufacturer in-state sales to total
manufacturer sales in the United States for the product under review;
new text end

new text begin (3) gross and net manufacturer revenues for the most recent tax year;
new text end

new text begin (4) any information and research related to the manufacturer's selection of the introductory
price or price increase, including but not limited to:
new text end

new text begin (i) life cycle management;
new text end

new text begin (ii) market competition and context; and
new text end

new text begin (iii) projected revenue; and
new text end

new text begin (5) any additional factors determined by the board to be relevant.
new text end

new text begin Subd. 4. new text end

new text begin Public data; proprietary information. new text end

new text begin (a) Any submission made to the board
related to a drug cost review shall be made available to the public, with the exception of
information determined by the board to be proprietary.
new text end

new text begin (b) The board shall establish the standards for the information to be considered proprietary
under paragraph (a) and section 62J.90, subdivision 2, including standards for heightened
consideration of proprietary information for submissions for a cost review of a drug that is
not yet approved by the FDA.
new text end

new text begin (c) Prior to the board establishing the standards under paragraph (b), the public shall be
provided notice and the opportunity to submit comments.
new text end

Sec. 8.

new text begin [62J.92] DETERMINATIONS; COMPLIANCE; REMEDIES.
new text end

new text begin Subdivision 1. new text end

new text begin Upper payment limit. new text end

new text begin (a) In the event the board finds that the spending
on a prescription drug product reviewed under section 62J.91 creates an affordability
challenge for the state health care system or for patients, the board shall establish an upper
payment limit after considering:
new text end

new text begin (1) the cost to administer the drug;
new text end

new text begin (2) the cost to deliver the drug to consumers;
new text end

new text begin (3) the range of prices at which the drug is sold in the United States according to one or
more pricing files accessed under section 62J.90, subdivision 1, and the range at which
pharmacies are reimbursed in Canada; and
new text end

new text begin (4) any other relevant pricing and administrative cost information for the drug.
new text end

new text begin (b) The upper payment limit shall apply to all public and private purchases, payments,
and payer reimbursements for the prescription drug product that is intended for individuals
in the state in person, by mail, or by other means.
new text end

new text begin Subd. 2. new text end

new text begin Noncompliance. new text end

new text begin (a) The failure of an entity to comply with an upper payment
limit established by the board under this section shall be referred to the Office of the Attorney
General.
new text end

new text begin (b) If the Office of the Attorney General finds that an entity was noncompliant with the
upper payment limit requirements, the attorney general may pursue remedies consistent
with chapter 8 or appropriate criminal charges if there is evidence of intentional profiteering.
new text end

new text begin (c) An entity who obtains price concessions from a drug manufacturer that result in a
lower net cost to the stakeholder than the upper payment limit established by the board shall
not be considered to be in noncompliance.
new text end

new text begin (d) The Office of the Attorney General may provide guidance to stakeholders concerning
activities that could be considered noncompliant.
new text end

new text begin Subd. 3. new text end

new text begin Appeals. new text end

new text begin (a) A person affected by a decision of the board may request an appeal
of the board's decision within 30 days of the date of the decision. The board shall hear the
appeal and render a decision within 60 days of the hearing.
new text end

new text begin (b) All appeal decisions are subject to judicial review in accordance with chapter 14.
new text end

Sec. 9.

new text begin [62J.93] REPORTS.
new text end

new text begin Beginning March 1, 2022, and each March 1 thereafter, the board shall submit a report
to the governor and legislature on general price trends for prescription drug products and
the number of prescription drug products that were subject to the board's cost review and
analysis, including the result of any analysis as well as the number and disposition of appeals
and judicial reviews.
new text end

Sec. 10.

new text begin [62J.94] ERISA PLANS AND MEDICARE DRUG PLANS.
new text end

new text begin (a) Nothing in sections 62J.85 to 62J.95 shall be construed to require ERISA plans or
Medicare Part D plans to comply with decisions of the board, but are free to choose to
exceed the upper payment limit established by the board under section 62J.92.
new text end

new text begin (b) Providers who dispense and administer drugs in the state must bill all payers no more
than the upper payment limit without regard to whether or not an ERISA plan or Medicare
Part D plan chooses to reimburse the provider in an amount greater than the upper payment
limit established by the board.
new text end

new text begin (c) For purposes of this section, an ERISA plan or group health plan is an employee
welfare benefit plan established by or maintained by an employer or an employee
organization, or both, that provides employer sponsored health coverage to employees and
the employee's dependents and is subject to the Employee Retirement Income Security Act
of 1974 (ERISA).
new text end

Sec. 11.

new text begin [62J.95] SEVERABILITY.
new text end

new text begin If any provision of sections 62J.85 to 62J.94 or the application of sections 62J.85 to
62J.94 to any person or circumstance is held invalid for any reason in a court of competent
jurisdiction, the invalidity does not affect other provisions or any other application of sections
62J.85 to 62J.94 that can be given effect without the invalid provision or application.
new text end

ARTICLE 3

INSURANCE

Section 1.

Minnesota Statutes 2020, section 60A.092, subdivision 10a, is amended to read:

Subd. 10a.

Other jurisdictions.

The reinsurance is ceded and credit allowed to an
assuming insurer not meeting the requirements of subdivision 2, 3, 4, 5, deleted text begin or deleted text end 10, new text begin or 10b, new text end but
only with respect to the insurance of risks located in jurisdictions where the reinsurance is
required by applicable law or regulation of that jurisdiction.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2022, and applies to reinsurance
contracts entered into or renewed on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2020, section 60A.092, is amended by adding a subdivision to
read:

new text begin Subd. 10b. new text end

new text begin Credit allowed; reciprocal jurisdiction. new text end

new text begin (a) Credit shall be allowed when
the reinsurance is ceded to an assuming insurer meeting each of the following conditions:
new text end

new text begin (1) the assuming insurer must have its head office in or be domiciled in, as applicable,
and be licensed in a reciprocal jurisdiction. A "reciprocal jurisdiction" means a jurisdiction
that is:
new text end

new text begin (i) a non-United States jurisdiction that is subject to an in-force covered agreement with
the United States, each within its legal authority, or, in the case of a covered agreement
between the United States and the European Union, is a member state of the European
Union. For purposes of this subdivision, a "covered agreement" means an agreement entered
into pursuant to the Dodd-Frank Wall Street Reform and Consumer Protection Act, United
States Code, title 31, sections 313 and 314, that is currently in effect or in a period of
provisional application and addresses the elimination, under specified conditions, of collateral
requirements as a condition for entering into any reinsurance agreement with a ceding insurer
domiciled in Minnesota or for allowing the ceding insurer to recognize credit for reinsurance;
new text end

new text begin (ii) a United States jurisdiction that meets the requirements for accreditation under the
National Association of Insurance Commissioners (NAIC) financial standards and
accreditation program; or
new text end

new text begin (iii) a qualified jurisdiction, as determined by the commissioner, which is not otherwise
described in item (i) or (ii) and which meets the following additional requirements, consistent
with the terms and conditions of in-force covered agreements:
new text end

new text begin (A) provides that an insurer which has its head office or is domiciled in such qualified
jurisdiction shall receive credit for reinsurance ceded to a United States-domiciled assuming
insurer in the same manner as credit for reinsurance is received for reinsurance assumed by
insurers domiciled in such qualified jurisdiction;
new text end

new text begin (B) does not require a United States-domiciled assuming insurer to establish or maintain
a local presence as a condition for entering into a reinsurance agreement with any ceding
insurer subject to regulation by the non-United States jurisdiction or as a condition to allow
the ceding insurer to recognize credit for such reinsurance;
new text end

new text begin (C) recognizes the United States state regulatory approach to group supervision and
group capital, by providing written confirmation by a competent regulatory authority, in
such qualified jurisdiction, that insurers and insurance groups that are domiciled or maintain
their headquarters in this state or another jurisdiction accredited by the NAIC shall be subject
only to worldwide prudential insurance group supervision including worldwide group
governance, solvency and capital, and reporting, as applicable, by the commissioner or the
commissioner of the domiciliary state and will not be subject to group supervision at the
level of the worldwide parent undertaking of the insurance or reinsurance group by the
qualified jurisdiction; and
new text end

new text begin (D) provides written confirmation by a competent regulatory authority in such qualified
jurisdiction that information regarding insurers and their parent, subsidiary, or affiliated
entities, if applicable, shall be provided to the commissioner in accordance with a
memorandum of understanding or similar document between the commissioner and such
qualified jurisdiction, including but not limited to the International Association of Insurance
Supervisors Multilateral Memorandum of Understanding or other multilateral memoranda
of understanding coordinated by the NAIC;
new text end

new text begin (2) the assuming insurer must have and maintain, on an ongoing basis, minimum capital
and surplus, or its equivalent, calculated according to the methodology of its domiciliary
jurisdiction, on at least an annual basis as of the preceding December 31 or on the date
otherwise statutorily reported to the reciprocal jurisdiction, in the following amounts:
new text end

new text begin (i) no less than $250,000,000; or
new text end

new text begin (ii) if the assuming insurer is an association, including incorporated and individual
unincorporated underwriters:
new text end

new text begin (A) minimum capital and surplus equivalents, net of liabilities, or own funds of the
equivalent of at least $250,000,000; and
new text end

new text begin (B) a central fund containing a balance of the equivalent of at least $250,000,000;
new text end

new text begin (3) the assuming insurer must have and maintain, on an ongoing basis, a minimum
solvency or capital ratio, as applicable, as follows:
new text end

new text begin (i) if the assuming insurer has its head office or is domiciled in a reciprocal jurisdiction
defined in clause (1), item (i), the ratio specified in the applicable covered agreement;
new text end

new text begin (ii) if the assuming insurer is domiciled in a reciprocal jurisdiction defined in clause (1),
item (ii), a risk-based capital ratio of 300 percent of the authorized control level, calculated
in accordance with the formula developed by the NAIC; or
new text end

new text begin (iii) if the assuming insurer is domiciled in a Reciprocal Jurisdiction defined in clause
(1), item (iii), after consultation with the reciprocal jurisdiction and considering any
recommendations published through the NAIC Committee Process, such solvency or capital
ratio as the commissioner determines to be an effective measure of solvency;
new text end

new text begin (4) the assuming insurer must agree and provide adequate assurance in the form of a
properly executed Form AR-1, Form CR-1, and Form RJ-1 of its agreement to the following:
new text end

new text begin (i) the assuming insurer must provide prompt written notice and explanation to the
commissioner if it falls below the minimum requirements set forth in clause (2) or (3), or
if any regulatory action is taken against the assuming insurer for serious noncompliance
with applicable law;
new text end

new text begin (ii) the assuming insurer must consent in writing to the jurisdiction of the courts of
Minnesota and to the appointment of the commissioner as agent for service of process. The
commissioner may require that consent for service of process be provided to the
commissioner and included in each reinsurance agreement. Nothing in this subdivision shall
limit or in any way alter the capacity of parties to a reinsurance agreement to agree to
alternative dispute resolution mechanisms, except to the extent such agreements are
unenforceable under applicable insolvency or delinquency laws;
new text end

new text begin (iii) the assuming insurer must consent in writing to pay all final judgments, wherever
enforcement is sought, obtained by a ceding insurer or its legal successor, that have been
declared enforceable in the jurisdiction where the judgment was obtained;
new text end

new text begin (iv) each reinsurance agreement must include a provision requiring the assuming insurer
to provide security in an amount equal to 100 percent of the assuming insurer's liabilities
attributable to reinsurance ceded pursuant to that agreement if the assuming insurer resists
enforcement of a final judgment that is enforceable under the law of the jurisdiction in which
it was obtained or a properly enforceable arbitration award, whether obtained by the ceding
insurer or by its legal successor on behalf of its resolution estate;
new text end

new text begin (v) the assuming insurer must confirm that it is not presently participating in any solvent
scheme of arrangement which involves this state's ceding insurers, and agree to notify the
ceding insurer and the commissioner and to provide security in an amount equal to 100
percent of the assuming insurer's liabilities to the ceding insurer, should the assuming insurer
enter into such a solvent scheme of arrangement. The security shall be in a form consistent
with sections 60A.092, subdivision 10, 60A.093, 60A.096, and 60A.097. For purposes of
this section, the term "solvent scheme of arrangement" means a foreign or alien statutory
or regulatory compromise procedure subject to requisite majority creditor approval and
judicial sanction in the assuming insurer's home jurisdiction either to finally commute
liabilities of duly noticed classed members or creditors of a solvent debtor, or to reorganize
or restructure the debts and obligations of a solvent debtor on a final basis, and which may
be subject to judicial recognition and enforcement of the arrangement by a governing
authority outside the ceding insurer's home jurisdiction; and
new text end

new text begin (vi) the assuming insurer must agree in writing to meet the applicable information filing
requirements set forth in clause (5);
new text end

new text begin (5) the assuming insurer or its legal successor must provide, if requested by the
commissioner, on behalf of itself and any legal predecessors, the following documentation
to the commissioner:
new text end

new text begin (i) for the two years preceding entry into the reinsurance agreement and on an annual
basis thereafter, the assuming insurer's annual audited financial statements, in accordance
with the applicable law of the jurisdiction of its head office or domiciliary jurisdiction, as
applicable, including the external audit report;
new text end

new text begin (ii) for the two years preceding entry into the reinsurance agreement, the solvency and
financial condition report or actuarial opinion, if filed with the assuming insurer's supervisor;
new text end

new text begin (iii) prior to entry into the reinsurance agreement and not more than semiannually
thereafter, an updated list of all disputed and overdue reinsurance claims outstanding for
90 days or more, regarding reinsurance assumed from ceding insurers domiciled in the
United States; and
new text end

new text begin (iv) prior to entry into the reinsurance agreement and not more than semiannually
thereafter, information regarding the assuming insurer's assumed reinsurance by ceding
insurer, ceded reinsurance by the assuming insurer, and reinsurance recoverable on paid
and unpaid losses by the assuming insurer to allow for the evaluation of the criteria set forth
in clause (6);
new text end

new text begin (6) the assuming insurer must maintain a practice of prompt payment of claims under
reinsurance agreements. The lack of prompt payment will be evidenced if any of the
following criteria is met:
new text end

new text begin (i) more than 15 percent of the reinsurance recoverables from the assuming insurer are
overdue and in dispute as reported to the commissioner;
new text end

new text begin (ii) more than 15 percent of the assuming insurer's ceding insurers or reinsurers have
overdue reinsurance recoverable on paid losses of 90 days or more which are not in dispute
and which exceed for each ceding insurer $100,000, or as otherwise specified in a covered
agreement; or
new text end

new text begin (iii) the aggregate amount of reinsurance recoverable on paid losses which are not in
dispute, but are overdue by 90 days or more, exceeds $50,000,000, or as otherwise specified
in a covered agreement;
new text end

new text begin (7) the assuming insurer's supervisory authority must confirm to the commissioner by
December 31, 2021, and annually thereafter, or at the annual date otherwise statutorily
reported to the reciprocal jurisdiction, that the assuming insurer complies with the
requirements set forth in clauses (2) and (3); and
new text end

new text begin (8) nothing in this subdivision precludes an assuming insurer from providing the
commissioner with information on a voluntary basis.
new text end

new text begin (b) The commissioner shall timely create and publish a list of reciprocal jurisdictions.
The commissioner's list shall include any reciprocal jurisdiction as defined under paragraph
(a), clause (1), items (i) and (ii), and shall consider any other reciprocal jurisdiction included
on the NAIC list. The commissioner may approve a jurisdiction that does not appear on the
NAIC list of reciprocal jurisdictions in accordance with criteria developed under rules issued
by the commissioner. The commissioner may remove a jurisdiction from the list of reciprocal
jurisdictions upon a determination that the jurisdiction no longer meets the requirements of
a reciprocal jurisdiction, in accordance with a process set forth in rules issued by the
commissioner, except that the commissioner shall not remove from the list a reciprocal
jurisdiction as defined under paragraph (a), clause (1), items (i) and (ii). Upon removal of
a reciprocal jurisdiction from the list, credit for reinsurance ceded to an assuming insurer
which has its home office or is domiciled in that jurisdiction shall be allowed, if otherwise
allowed pursuant to law.
new text end

new text begin (c) The commissioner shall timely create and publish a list of assuming insurers that
have satisfied the conditions set forth in this subdivision and to which cessions shall be
granted credit in accordance with this subdivision. The commissioner may add an assuming
insurer to the list if an NAIC accredited jurisdiction has added the assuming insurer to a list
of assuming insurers or if, upon initial eligibility, the assuming insurer submits the
information to the commissioner as required under paragraph (a), clause (4), and complies
with any additional requirements that the commissioner may impose by rule, except to the
extent that they conflict with an applicable covered agreement.
new text end

new text begin (i) If an NAIC-accredited jurisdiction has determined that the conditions set forth in
paragraph (a), clause (2), have been met, the commissioner has the discretion to defer to
that jurisdiction's determination, and add such assuming insurer to the list of assuming
insurers to which cessions shall be granted credit in accordance with this paragraph. The
commissioner may accept financial documentation filed with another NAIC-accredited
jurisdiction or with the NAIC in satisfaction of the requirements of paragraph (a), clause
(2);
new text end

new text begin (ii) When requesting that the commissioner defer to another NAIC-accredited
jurisdiction's determination, an assuming insurer must submit a properly executed Form
RJ-1 and additional information as the commissioner may require. A state that has received
such a request will notify other states through the NAIC Committee Process and provide
relevant information with respect to the determination of eligibility.
new text end

new text begin (d) If the commissioner determines that an assuming insurer no longer meets one or
more of the requirements under this subdivision, the commissioner may revoke or suspend
the eligibility of the assuming insurer for recognition under this subdivision in accordance
with procedures set forth in rule. While an assuming insurer's eligibility is suspended, no
reinsurance agreement issued, amended, or renewed after the effective date of the suspension
qualifies for credit, except to the extent that the assuming insurer's obligations under the
contract are secured in accordance with this section. If an assuming insurer's eligibility is
revoked, no credit for reinsurance may be granted after the effective date of the revocation
with respect to any reinsurance agreements entered into by the assuming insurer, including
reinsurance agreements entered into prior to the date of revocation, except to the extent that
the assuming insurer's obligations under the contract are secured in a form acceptable to
the commissioner and consistent with the provisions of this section.
new text end

new text begin (e) Before denying statement credit or imposing a requirement to post security with
respect to paragraph (d) or adopting any similar requirement that will have substantially the
same regulatory impact as security, the commissioner shall:
new text end

new text begin (1) communicate with the ceding insurer, the assuming insurer, and the assuming insurer's
supervisory authority that the assuming insurer no longer satisfies one of the conditions
listed in paragraph (a), clause (2);
new text end

new text begin (2) provide the assuming insurer with 30 days from the initial communication to submit
a plan to remedy the defect, and 90 days from the initial communication to remedy the
defect, except in exceptional circumstances in which a shorter period is necessary for
policyholder and other consumer protection;
new text end

new text begin (3) after the expiration of 90 days or less, as set out in clause (2), if the commissioner
determines that no or insufficient action was taken by the assuming insurer, the commissioner
may impose any of the requirements as set out in this paragraph; and
new text end

new text begin (4) provide a written explanation to the assuming insurer of any of the requirements set
out in this paragraph.
new text end

new text begin (f) If subject to a legal process of rehabilitation, liquidation, or conservation, as applicable,
the ceding insurer, or its representative, may seek and, if determined appropriate by the
court in which the proceedings are pending, may obtain an order requiring that the assuming
insurer post security for all outstanding ceded liabilities.
new text end

new text begin (g) Nothing in this subdivision limits or in any way alters the capacity of parties to a
reinsurance agreement to agree on requirements for security or other terms in the reinsurance
agreement, except as expressly prohibited by applicable law or rule.
new text end

new text begin (h) Credit may be taken under this subdivision only for reinsurance agreements entered
into, amended, or renewed on or after the effective date of this subdivision, and only with
respect to losses incurred and reserves reported on or after the later of: (1) the date on which
the assuming insurer has met all eligibility requirements pursuant to this subdivision; and
(2) the effective date of the new reinsurance agreement, amendment, or renewal. This
paragraph does not alter or impair a ceding insurer's right to take credit for reinsurance, to
the extent that credit is not available under this subdivision, as long as the reinsurance
qualifies for credit under any other applicable provision of law. Nothing in this subdivision
shall authorize an assuming insurer to withdraw or reduce the security provided under any
reinsurance agreement, except as permitted by the terms of the agreement. Nothing in this
subdivision shall limit, or in any way alter, the capacity of parties to any reinsurance
agreement to renegotiate the agreement.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2022, and applies to reinsurance
contracts entered into or renewed on or after that date.
new text end

Sec. 3.

Minnesota Statutes 2020, section 60A.0921, subdivision 2, is amended to read:

Subd. 2.

Certification procedure.

(a) The commissioner shall post notice on the
department's website promptly upon receipt of any application for certification, including
instructions on how members of the public may respond to the application. The commissioner
may not take final action on the application until at least 30 days after posting the notice.

(b) The commissioner shall issue written notice to an assuming insurer that has applied
and been approved as a certified reinsurer. The notice must include the rating assigned the
certified reinsurer in accordance with subdivision 1. The commissioner shall publish a list
of all certified reinsurers and their ratings.

(c) In order to be eligible for certification, the assuming insurer must:

(1) be domiciled and licensed to transact insurance or reinsurance in a qualified
jurisdiction, as determined by the commissioner under subdivision 3;

(2) maintain capital and surplus, or its equivalent, of no less than $250,000,000 calculated
in accordance with paragraph (d), clause (8). This requirement may also be satisfied by an
association including incorporated and individual unincorporated underwriters having
minimum capital and surplus equivalents net of liabilities of at least $250,000,000 and a
central fund containing a balance of at least $250,000,000;

(3) maintain financial strength ratings from two or more rating agencies acceptable to
the commissioner. These ratings shall be based on interactive communication between the
rating agency and the assuming insurer and shall not be based solely on publicly available
information. These financial strength ratings shall be one factor used by the commissioner
in determining the rating that is assigned to the assuming insurer. Acceptable rating agencies
include the following:

(i) Standard & Poor's;

(ii) Moody's Investors Service;

(iii) Fitch Ratings;

(iv) A.M. Best Company; or

(v) any other nationally recognized statistical rating organization; and

(4) ensure that the certified reinsurer complies with any other requirements reasonably
imposed by the commissioner.

(d) Each certified reinsurer shall be rated on a legal entity basis, with due consideration
being given to the group rating where appropriate, except that an association including
incorporated and individual unincorporated underwriters that has been approved to do
business as a single certified reinsurer may be evaluated on the basis of its group rating.
Factors that may be considered as part of the evaluation process include, but are not limited
to:

(1) certified reinsurer's financial strength rating from an acceptable rating agency. The
maximum rating that a certified reinsurer may be assigned will correspond to its financial
strength rating as outlined in the table below. The commissioner shall use the lowest financial
strength rating received from an approved rating agency in establishing the maximum rating
of a certified reinsurer. A failure to obtain or maintain at least two financial strength ratings
from acceptable rating agencies will result in loss of eligibility for certification;

Ratings	Best	S&P	Moody's	Fitch
Secure - 1	A++	AAA	Aaa	AAA
Secure - 2	A+	AA+, AA, AA-	Aa1, Aa2, Aa3	AA+, AA, AA-
Secure - 3	A	A+, A	A1, A2	A+, A
Secure - 4	A-	A-	A3	A-
Secure - 5	B++, B-	BBB+, BBB, BBB-	Baa1, Baa2, Baa3	BBB+, BBB, BBB-
Vulnerable - 6	B, B-C++, C+, C, C-, D, E, F	BB+, BB, BB-, B+, B, B-, CCC, CC, C, D, R	Ba1, Ba2, Ba3, B1, B2, B3, Caa, Ca, C	BB+, BB, BB-, B+, B, B-, CCC+, CC, CCC-, DD

(2) the business practices of the certified reinsurer in dealing with its ceding insurers,
including its record of compliance with reinsurance contractual terms and obligations;

(3) for certified reinsurers domiciled in the United States, a review of the most recent
applicable NAIC annual statement;

(4) for certified reinsurers not domiciled in the United States, a review annually of such
forms as may be required by the commissioner;

(5) the reputation of the certified reinsurer for prompt payment of claims under
reinsurance agreements, based on an analysis of ceding insurers' reporting of overdue
reinsurance recoverables, including the proportion of obligations that are more than 90 days
past due or are in dispute, with specific attention given to obligations payable to companies
that are in administrative supervision or receivership;

(6) regulatory actions against the certified reinsurer;

(7) the report of the independent auditor on the financial statements of the insurance
enterprise, on the basis described in clause (8);

(8) for certified reinsurers not domiciled in the United States, audited financial statements
(audited United States GAAP basis if available, audited IFRS basis statements are allowed,
but must include an audited footnote reconciling equity and net income to a United States
GAAP basis, or, with permission of the commissioner, audited IFRS statements with
reconciliation to United States GAAP certified by an officer of the company). Upon the
initial application for certification, the commissioner will consider audited financial
statements for the last deleted text begin three deleted text end new text begin two new text end years filed with its non-United States jurisdiction supervisor;

(9) the liquidation priority of obligations to a ceding insurer in the certified reinsurer's
domiciliary jurisdiction in the context of an insolvency proceeding;

(10) a certified reinsurer's participation in any solvent scheme of arrangement, or similar
procedure, which involves United States ceding insurers. The commissioner must receive
prior notice from a certified reinsurer that proposes participation by the certified reinsurer
in a solvent scheme of arrangement; and

(11) other information as determined by the commissioner.

(e) Based on the analysis conducted under paragraph (d), clause (5), of a certified
reinsurer's reputation for prompt payment of claims, the commissioner may make appropriate
adjustments in the security the certified reinsurer is required to post to protect its liabilities
to United States ceding insurers, provided that the commissioner shall, at a minimum,
increase the security the certified reinsurer is required to post by one rating level under
paragraph (d), clause (1), if the commissioner finds that:

(1) more than 15 percent of the certified reinsurer's ceding insurance clients have overdue
reinsurance recoverables on paid losses of 90 days or more which are not in dispute and
which exceed $100,000 for each cedent; or

(2) the aggregate amount of reinsurance recoverables on paid losses which are not in
dispute that are overdue by 90 days or more exceeds $50,000,000.

(f) The assuming insurer must submit such forms as required by the commissioner as
evidence of its submission to the jurisdiction of this state, appoint the commissioner as an
agent for service of process in this state, and agree to provide security for 100 percent of
the assuming insurer's liabilities attributable to reinsurance ceded by United States ceding
insurers if it resists enforcement of a final United States judgment. The commissioner shall
not certify an assuming insurer that is domiciled in a jurisdiction that the commissioner has
determined does not adequately and promptly enforce final United States judgments or
arbitration awards.

(g) The certified reinsurer must agree to meet filing requirements as determined by the
commissioner, both with respect to an initial application for certification and on an ongoing
basis. All data submitted by certified reinsurers to the commissioner is nonpublic under
section 13.02, subdivision 9. The certified reinsurer must file with the commissioner:

(1) a notification within ten days of any regulatory actions taken against the certified
reinsurer, any change in the provisions of its domiciliary license, or any change in rating
by an approved rating agency, including a statement describing such changes and the reasons
therefore;

(2) an annual report regarding reinsurance assumed, in a form determined by the
commissioner;

(3) an annual report of the independent auditor on the financial statements of the insurance
enterprise, on the basis described in clause (4);

(4) an annual audited financial statement, regulatory filings, and actuarial opinion filed
with the certified reinsurer's supervisor. Upon the initial certification, audited financial
statements for the last deleted text begin three deleted text end new text begin two new text end years filed with the certified reinsurer's supervisor;

(5) at least annually, an updated list of all disputed and overdue reinsurance claims
regarding reinsurance assumed from United States domestic ceding insurers;

(6) a certification from the certified reinsurer's domestic regulator that the certified
reinsurer is in good standing and maintains capital in excess of the jurisdiction's highest
regulatory action level; and

(7) any other relevant information as determined by the commissioner.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2022, and applies to reinsurance
contracts entered into or renewed on or after that date.
new text end

Sec. 4.

Minnesota Statutes 2020, section 60A.14, subdivision 1, is amended to read:

Subdivision 1.

Fees other than examination fees.

In addition to the fees and charges
provided for examinations, the following fees must be paid to the commissioner for deposit
in the general fund:

(a) by township mutual fire insurance companies:

(1) for filing certificate of incorporation $25 and amendments thereto, $10;

(2) for filing annual statements, $15;

(3) for each annual certificate of authority, $15;

(4) for filing bylaws $25 and amendments thereto, $10;

(b) by other domestic and foreign companies including fraternals and reciprocal
exchanges:

(1) for filing an application for an initial certification of authority to be admitted to
transact business in this state, $1,500;

(2) for filing certified copy of certificate of articles of incorporation, $100;

(3) for filing annual statement, deleted text begin $225 deleted text end new text begin $300 new text end ;

(4) for filing certified copy of amendment to certificate or articles of incorporation, $100;

(5) for filing bylaws, $75 or amendments thereto, $75;

(6) for each company's certificate of authority, deleted text begin $575 deleted text end new text begin $750 new text end , annually;

(c) the following general fees apply:

(1) for each certificate, including certified copy of certificate of authority, renewal,
valuation of life policies, corporate condition or qualification, $25;

(2) for each copy of paper on file in the commissioner's office 50 cents per page, and
$2.50 for certifying the same;

(3) for license to procure insurance in unadmitted foreign companies, $575;

(4) for valuing the policies of life insurance companies, deleted text begin one cent deleted text end new text begin two cents new text end per $1,000
of insurance so valued, provided that the fee shall not exceed deleted text begin $13,000 deleted text end new text begin $26,000 new text end per year for
any company. The commissioner may, in lieu of a valuation of the policies of any foreign
life insurance company admitted, or applying for admission, to do business in this state,
accept a certificate of valuation from the company's own actuary or from the commissioner
of insurance of the state or territory in which the company is domiciled;

(5) for receiving and filing certificates of policies by the company's actuary, or by the
commissioner of insurance of any other state or territory, $50;

(6) for each appointment of an agent filed with the commissioner, $30;

(7) for filing forms, rates, and compliance certifications under section 60A.315, $140
per filing, or $125 per filing when submitted via electronic filing system. Filing fees may
be paid on a quarterly basis in response to an invoice. Billing and payment may be made
electronically;

(8) for annual renewal of surplus lines insurer license, deleted text begin $300 deleted text end new text begin $400 new text end .

The commissioner shall adopt rules to define filings that are subject to a fee.

Sec. 5.

new text begin [60A.985] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Terms. new text end

new text begin As used in sections 60A.985 to 60A.9857, the following terms
have the meanings given.
new text end

new text begin Subd. 2. new text end

new text begin Authorized individual. new text end

new text begin "Authorized individual" means an individual known
to and screened by the licensee and determined to be necessary and appropriate to have
access to the nonpublic information held by the licensee and its information systems.
new text end

new text begin Subd. 3. new text end

new text begin Consumer. new text end

new text begin "Consumer" means an individual, including but not limited to an
applicant, policyholder, insured, beneficiary, claimant, and certificate holder who is a resident
of this state and whose nonpublic information is in a licensee's possession, custody, or
control.
new text end

new text begin Subd. 4. new text end

new text begin Cybersecurity event. new text end

new text begin "Cybersecurity event" means an event resulting in
unauthorized access to, or disruption or misuse of, an information system or nonpublic
information stored on an information system.
new text end

new text begin Cybersecurity event does not include the unauthorized acquisition of encrypted nonpublic
information if the encryption, process, or key is not also acquired, released, or used without
authorization.
new text end

new text begin Cybersecurity event does not include an event with regard to which the licensee has
determined that the nonpublic information accessed by an unauthorized person has not been
used or released and has been returned or destroyed.
new text end

new text begin Subd. 5. new text end

new text begin Encrypted. new text end

new text begin "Encrypted" means the transformation of data into a form which
results in a low probability of assigning meaning without the use of a protective process or
key.
new text end

new text begin Subd. 6. new text end

new text begin Information security program. new text end

new text begin "Information security program" means the
administrative, technical, and physical safeguards that a licensee uses to access, collect,
distribute, process, protect, store, use, transmit, dispose of, or otherwise handle nonpublic
information.
new text end

new text begin Subd. 7. new text end

new text begin Information system. new text end

new text begin "Information system" means a discrete set of electronic
information resources organized for the collection, processing, maintenance, use, sharing,
dissemination, or disposition of nonpublic electronic information, as well as any specialized
system such as industrial or process controls systems, telephone switching and private
branch exchange systems, and environmental control systems.
new text end

new text begin Subd. 8. new text end

new text begin Licensee. new text end

new text begin "Licensee" means any person licensed, authorized to operate, or
registered, or required to be licensed, authorized, or registered by the Department of
Commerce or the Department of Health under chapters 59A to 62M and 62Q to 79A.
new text end

new text begin Subd. 9. new text end

new text begin Multifactor authentication. new text end

new text begin "Multifactor authentication" means authentication
through verification of at least two of the following types of authentication factors:
new text end

new text begin (1) knowledge factors, such as a password;
new text end

new text begin (2) possession factors, such as a token or text message on a mobile phone; or
new text end

new text begin (3) inherence factors, such as a biometric characteristic.
new text end

new text begin Subd. 10. new text end

new text begin Nonpublic information. new text end

new text begin "Nonpublic information" means electronic information
that is not publicly available information and is:
new text end

new text begin (1) any information concerning a consumer which because of name, number, personal
mark, or other identifier can be used to identify the consumer, in combination with any one
or more of the following data elements:
new text end

new text begin (i) Social Security number;
new text end

new text begin (ii) driver's license number or nondriver identification card number;
new text end

new text begin (iii) financial account number, credit card number, or debit card number;
new text end

new text begin (iv) any security code, access code, or password that would permit access to a consumer's
financial account; or
new text end

new text begin (v) biometric records; or
new text end

new text begin (2) any information or data, except age or gender, in any form or medium created by or
derived from a health care provider or a consumer that can be used to identify a particular
consumer and that relates to:
new text end

new text begin (i) the past, present, or future physical, mental, or behavioral health or condition of any
consumer or a member of the consumer's family;
new text end

new text begin (ii) the provision of health care to any consumer; or
new text end

new text begin (iii) payment for the provision of health care to any consumer.
new text end

new text begin Subd. 11. new text end

new text begin Person. new text end

new text begin "Person" means any individual or any nongovernmental entity,
including but not limited to any nongovernmental partnership, corporation, branch, agency,
or association.
new text end

new text begin Subd. 12. new text end

new text begin Publicly available information. new text end

new text begin "Publicly available information" means any
information that a licensee has a reasonable basis to believe is lawfully made available to
the general public from: federal, state, or local government records; widely distributed
media; or disclosures to the general public that are required to be made by federal, state, or
local law.
new text end

new text begin For the purposes of this definition, a licensee has a reasonable basis to believe that
information is lawfully made available to the general public if the licensee has taken steps
to determine:
new text end

new text begin (1) that the information is of the type that is available to the general public; and
new text end

new text begin (2) whether a consumer can direct that the information not be made available to the
general public and, if so, that such consumer has not done so.
new text end

new text begin Subd. 13. new text end

new text begin Risk assessment. new text end

new text begin "Risk assessment" means the risk assessment that each
licensee is required to conduct under section 60A.9853, subdivision 3.
new text end

new text begin Subd. 14. new text end

new text begin State. new text end

new text begin "State" means the state of Minnesota.
new text end

new text begin Subd. 15. new text end

new text begin Third-party service provider. new text end

new text begin "Third-party service provider" means a person,
not otherwise defined as a licensee, that contracts with a licensee to maintain, process, or
store nonpublic information, or is otherwise permitted access to nonpublic information
through its provision of services to the licensee.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021.
new text end

Sec. 6.

new text begin [60A.9851] INFORMATION SECURITY PROGRAM.
new text end

new text begin Subdivision 1. new text end

new text begin Implementation of an information security program. new text end

new text begin Commensurate
with the size and complexity of the licensee, the nature and scope of the licensee's activities,
including its use of third-party service providers, and the sensitivity of the nonpublic
information used by the licensee or in the licensee's possession, custody, or control, each
licensee shall develop, implement, and maintain a comprehensive written information
security program based on the licensee's risk assessment and that contains administrative,
technical, and physical safeguards for the protection of nonpublic information and the
licensee's information system.
new text end

new text begin Subd. 2. new text end

new text begin Objectives of an information security program. new text end

new text begin A licensee's information
security program shall be designed to:
new text end

new text begin (1) protect the security and confidentiality of nonpublic information and the security of
the information system;
new text end

new text begin (2) protect against any threats or hazards to the security or integrity of nonpublic
information and the information system;
new text end

new text begin (3) protect against unauthorized access to, or use of, nonpublic information, and minimize
the likelihood of harm to any consumer; and
new text end

new text begin (4) define and periodically reevaluate a schedule for retention of nonpublic information
and a mechanism for its destruction when no longer needed.
new text end

new text begin Subd. 3. new text end

new text begin Risk assessment. new text end

new text begin The licensee shall:
new text end

new text begin (1) designate one or more employees, an affiliate, or an outside vendor authorized to act
on behalf of the licensee who is responsible for the information security program;
new text end

new text begin (2) identify reasonably foreseeable internal or external threats that could result in
unauthorized access, transmission, disclosure, misuse, alteration, or destruction of nonpublic
information, including threats to the security of information systems and nonpublic
information that are accessible to, or held by, third-party service providers;
new text end

new text begin (3) assess the likelihood and potential damage of the threats identified pursuant to clause
(2), taking into consideration the sensitivity of the nonpublic information;
new text end

new text begin (4) assess the sufficiency of policies, procedures, information systems, and other
safeguards in place to manage these threats, including consideration of threats in each
relevant area of the licensee's operations, including:
new text end

new text begin (i) employee training and management;
new text end

new text begin (ii) information systems, including network and software design, as well as information
classification, governance, processing, storage, transmission, and disposal; and
new text end

new text begin (iii) detecting, preventing, and responding to attacks, intrusions, or other systems failures;
and
new text end

new text begin (5) implement information safeguards to manage the threats identified in its ongoing
assessment, and no less than annually, assess the effectiveness of the safeguards' key controls,
systems, and procedures.
new text end

new text begin Subd. 4. new text end

new text begin Risk management. new text end

new text begin Based on its risk assessment, the licensee shall:
new text end

new text begin (1) design its information security program to mitigate the identified risks, commensurate
with the size and complexity of the licensee, the nature and scope of the licensee's activities,
including its use of third-party service providers, and the sensitivity of the nonpublic
information used by the licensee or in the licensee's possession, custody, or control;
new text end

new text begin (2) determine which of the following security measures are appropriate and implement
any appropriate security measures:
new text end

new text begin (i) place access controls on information systems, including controls to authenticate and
permit access only to authorized individuals, to protect against the unauthorized acquisition
of nonpublic information;
new text end

new text begin (ii) identify and manage the data, personnel, devices, systems, and facilities that enable
the organization to achieve business purposes in accordance with their relative importance
to business objectives and the organization's risk strategy;
new text end

new text begin (iii) restrict physical access to nonpublic information to authorized individuals only;
new text end

new text begin (iv) protect, by encryption or other appropriate means, all nonpublic information while
being transmitted over an external network and all nonpublic information stored on a laptop
computer or other portable computing or storage device or media;
new text end

new text begin (v) adopt secure development practices for in-house developed applications utilized by
the licensee;
new text end

new text begin (vi) modify the information system in accordance with the licensee's information security
program;
new text end

new text begin (vii) utilize effective controls, which may include multifactor authentication procedures
for any authorized individual accessing nonpublic information;
new text end

new text begin (viii) regularly test and monitor systems and procedures to detect actual and attempted
attacks on, or intrusions into, information systems;
new text end

new text begin (ix) include audit trails within the information security program designed to detect and
respond to cybersecurity events and designed to reconstruct material financial transactions
sufficient to support normal operations and obligations of the licensee;
new text end

new text begin (x) implement measures to protect against destruction, loss, or damage of nonpublic
information due to environmental hazards, such as fire and water damage, other catastrophes,
or technological failures; and
new text end

new text begin (xi) develop, implement, and maintain procedures for the secure disposal of nonpublic
information in any format;
new text end

new text begin (3) include cybersecurity risks in the licensee's enterprise risk management process;
new text end

new text begin (4) stay informed regarding emerging threats or vulnerabilities and utilize reasonable
security measures when sharing information relative to the character of the sharing and the
type of information shared; and
new text end

new text begin (5) provide its personnel with cybersecurity awareness training that is updated as
necessary to reflect risks identified by the licensee in the risk assessment.
new text end

new text begin Subd. 5. new text end

new text begin Oversight by board of directors. new text end

new text begin If the licensee has a board of directors, the
board or an appropriate committee of the board shall, at a minimum:
new text end

new text begin (1) require the licensee's executive management or its delegates to develop, implement,
and maintain the licensee's information security program;
new text end

new text begin (2) require the licensee's executive management or its delegates to report in writing, at
least annually, the following information:
new text end

new text begin (i) the overall status of the information security program and the licensee's compliance
with this act; and
new text end

new text begin (ii) material matters related to the information security program, addressing issues such
as risk assessment, risk management and control decisions, third-party service provider
arrangements, results of testing, cybersecurity events or violations and management's
responses thereto, and recommendations for changes in the information security program;
and
new text end

new text begin (3) if executive management delegates any of its responsibilities under this section, it
shall oversee the development, implementation, and maintenance of the licensee's information
security program prepared by the delegate and shall receive a report from the delegate
complying with the requirements of the report to the board of directors.
new text end

new text begin Subd. 6. new text end

new text begin Oversight of third-party service provider arrangements. new text end

new text begin (a) A licensee shall
exercise due diligence in selecting its third-party service provider.
new text end

new text begin (b) A licensee shall require a third-party service provider to implement appropriate
administrative, technical, and physical measures to protect and secure the information
systems and nonpublic information that are accessible to, or held by, the third-party service
provider.
new text end

new text begin Subd. 7. new text end

new text begin Program adjustments. new text end

new text begin The licensee shall monitor, evaluate, and adjust, as
appropriate, the information security program consistent with any relevant changes in
technology, the sensitivity of its nonpublic information, internal or external threats to
information, and the licensee's own changing business arrangements, such as mergers and
acquisitions, alliances and joint ventures, outsourcing arrangements, and changes to
information systems.
new text end

new text begin Subd. 8. new text end

new text begin Incident response plan. new text end

new text begin (a) As part of its information security program, each
licensee shall establish a written incident response plan designed to promptly respond to,
and recover from, any cybersecurity event that compromises the confidentiality, integrity,
or availability of nonpublic information in its possession, the licensee's information systems,
or the continuing functionality of any aspect of the licensee's business or operations.
new text end

new text begin (b) The incident response plan shall address the following areas:
new text end

new text begin (1) the internal process for responding to a cybersecurity event;
new text end

new text begin (2) the goals of the incident response plan;
new text end

new text begin (3) the definition of clear roles, responsibilities, and levels of decision-making authority;
new text end

new text begin (4) external and internal communications and information sharing;
new text end

new text begin (5) identification of requirements for the remediation of any identified weaknesses in
information systems and associated controls;
new text end

new text begin (6) documentation and reporting regarding cybersecurity events and related incident
response activities; and
new text end

new text begin (7) the evaluation and revision, as necessary, of the incident response plan following a
cybersecurity event.
new text end

new text begin Subd. 9. new text end

new text begin Annual certification to commissioner. new text end

new text begin (a) Subject to paragraph (b), by April
15 of each year, an insurer domiciled in this state shall certify in writing to the commissioner
that the insurer is in compliance with the requirements set forth in this section. Each insurer
shall maintain all records, schedules, and data supporting this certificate for a period of five
years and shall permit examination by the commissioner. To the extent an insurer has
identified areas, systems, or processes that require material improvement, updating, or
redesign, the insurer shall document the identification and the remedial efforts planned and
underway to address such areas, systems, or processes. Such documentation must be available
for inspection by the commissioner.
new text end

new text begin (b) The commissioner must post on the department's website, no later than 60 days prior
to the certification required by paragraph (a), the form and manner of submission required
and any instructions necessary to prepare the certification.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021. Licensees have one year
from the effective date to implement subdivisions 1 to 5 and 7 to 9, and two years from the
effective date to implement subdivision 6.
new text end

Sec. 7.

new text begin [60A.9852] INVESTIGATION OF A CYBERSECURITY EVENT.
new text end

new text begin Subdivision 1. new text end

new text begin Prompt investigation. new text end

new text begin If the licensee learns that a cybersecurity event
has or may have occurred, the licensee, or an outside vendor or service provider designated
to act on behalf of the licensee, shall conduct a prompt investigation.
new text end

new text begin Subd. 2. new text end

new text begin Investigation contents. new text end

new text begin During the investigation, the licensee, or an outside
vendor or service provider designated to act on behalf of the licensee, shall, at a minimum
and to the extent possible:
new text end

new text begin (1) determine whether a cybersecurity event has occurred;
new text end

new text begin (2) assess the nature and scope of the cybersecurity event, if any;
new text end

new text begin (3) identify whether any nonpublic information was involved in the cybersecurity event
and, if so, what nonpublic information was involved; and
new text end

new text begin (4) perform or oversee reasonable measures to restore the security of the information
systems compromised in the cybersecurity event in order to prevent further unauthorized
acquisition, release, or use of nonpublic information in the licensee's possession, custody,
or control.
new text end

new text begin Subd. 3. new text end

new text begin Third-party systems. new text end

new text begin If the licensee learns that a cybersecurity event has or
may have occurred in a system maintained by a third-party service provider, the licensee
will complete the steps listed in subdivision 2 or confirm and document that the third-party
service provider has completed those steps.
new text end

new text begin Subd. 4. new text end

new text begin Records. new text end

new text begin The licensee shall maintain records concerning all cybersecurity
events for a period of at least five years from the date of the cybersecurity event and shall
produce those records upon demand of the commissioner.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021.
new text end

Sec. 8.

new text begin [60A.9853] NOTIFICATION OF A CYBERSECURITY EVENT.
new text end

new text begin Subdivision 1. new text end

new text begin Notification to the commissioner. new text end

new text begin Each licensee shall notify the
commissioner of commerce or commissioner of health, whichever commissioner otherwise
regulates the licensee, without unreasonable delay but in no event later than three business
days from a determination that a cybersecurity event has occurred when either of the
following criteria has been met:
new text end

new text begin (1) this state is the licensee's state of domicile, in the case of an insurer, or this state is
the licensee's home state, in the case of a producer, as those terms are defined in chapter
60K and the cybersecurity event has a reasonable likelihood of materially harming:
new text end

new text begin (i) any consumer residing in this state; or
new text end

new text begin (ii) any part of the normal operations of the licensee; or
new text end

new text begin (2) the licensee reasonably believes that the nonpublic information involved is of 250
or more consumers residing in this state and that is either of the following:
new text end

new text begin (i) a cybersecurity event impacting the licensee of which notice is required to be provided
to any government body, self-regulatory agency, or any other supervisory body pursuant
to any state or federal law; or
new text end

new text begin (ii) a cybersecurity event that has a reasonable likelihood of materially harming:
new text end

new text begin (A) any consumer residing in this state; or
new text end

new text begin (B) any part of the normal operations of the licensee.
new text end

new text begin Subd. 2. new text end

new text begin Information; notification. new text end

new text begin A licensee making the notification required under
subdivision 1 shall provide the information in electronic form as directed by the
commissioner. The licensee shall have a continuing obligation to update and supplement
initial and subsequent notifications to the commissioner concerning material changes to
previously provided information relating to the cybersecurity event. The licensee shall
provide as much of the following information as possible:
new text end

new text begin (1) date of the cybersecurity event;
new text end

new text begin (2) description of how the information was exposed, lost, stolen, or breached, including
the specific roles and responsibilities of third-party service providers, if any;
new text end

new text begin (3) how the cybersecurity event was discovered;
new text end

new text begin (4) whether any lost, stolen, or breached information has been recovered and, if so, how
this was done;
new text end

new text begin (5) the identity of the source of the cybersecurity event;
new text end

new text begin (6) whether the licensee has filed a police report or has notified any regulatory,
government, or law enforcement agencies and, if so, when such notification was provided;
new text end

new text begin (7) description of the specific types of information acquired without authorization.
Specific types of information means particular data elements including, for example, types
of medical information, types of financial information, or types of information allowing
identification of the consumer;
new text end

new text begin (8) the period during which the information system was compromised by the cybersecurity
event;
new text end

new text begin (9) the number of total consumers in this state affected by the cybersecurity event. The
licensee shall provide the best estimate in the initial report to the commissioner and update
this estimate with each subsequent report to the commissioner pursuant to this section;
new text end

new text begin (10) the results of any internal review identifying a lapse in either automated controls
or internal procedures, or confirming that all automated controls or internal procedures were
followed;
new text end

new text begin (11) description of efforts being undertaken to remediate the situation which permitted
the cybersecurity event to occur;
new text end

new text begin (12) a copy of the licensee's privacy policy and a statement outlining the steps the licensee
will take to investigate and notify consumers affected by the cybersecurity event; and
new text end

new text begin (13) name of a contact person who is familiar with the cybersecurity event and authorized
to act for the licensee.
new text end

new text begin Subd. 3. new text end

new text begin Notification to consumers. new text end

new text begin (a) If a licensee is required to submit a report to
the commissioner under subdivision 1, the licensee shall notify any consumer residing in
Minnesota if, as a result of the cybersecurity event reported to the commissioner, the
consumer's nonpublic information was or is reasonably believed to have been acquired by
an unauthorized person, and there is a reasonable likelihood of material harm to the consumer
as a result of the cybersecurity event. Consumer notification is not required for a
cybersecurity event resulting from the good faith acquisition of nonpublic information by
an employee or agent of the licensee for the purposes of the licensee's business, provided
the nonpublic information is not used for a purpose other than the licensee's business or
subject to further unauthorized disclosure. The notification must be made in the most
expedient time possible and without unreasonable delay, consistent with the legitimate needs
of law enforcement or with any measures necessary to determine the scope of the breach,
identify the individuals affected, and restore the reasonable integrity of the data system.
The notification may be delayed to a date certain if the commissioner determines that
providing the notice impedes a criminal investigation. The licensee shall provide a copy of
the notice to the commissioner.
new text end

new text begin (b) For purposes of this subdivision, notice required under paragraph (a) must be provided
by one of the following methods:
new text end

new text begin (1) written notice to the consumer's most recent address in the licensee's records;
new text end

new text begin (2) electronic notice, if the licensee's primary method of communication with the
consumer is by electronic means or if the notice provided is consistent with the provisions
regarding electronic records and signatures in United States Code, title 15, section 7001;
or
new text end

new text begin (3) if the cost of providing notice exceeds $250,000, the affected class of consumers to
be notified exceeds 500,000, or the licensee does not have sufficient contact information
for the subject consumers, notice as follows:
new text end

new text begin (i) e-mail notice when the licensee has an e-mail address for the subject consumers;
new text end

new text begin (ii) conspicuous posting of the notice on the website page of the licensee; and
new text end

new text begin (iii) notification to major statewide media.
new text end

new text begin (c) Notwithstanding paragraph (b), a licensee that maintains its own notification procedure
as part of its information security program that is consistent with the timing requirements
of this subdivision is deemed to comply with the notification requirements if the licensee
notifies subject consumers in accordance with its program.
new text end

new text begin (d) A waiver of the requirements under this subdivision is contrary to public policy, and
is void and unenforceable.
new text end

new text begin Subd. 4. new text end

new text begin Notice regarding cybersecurity events of third-party service providers. new text end

new text begin (a)
In the case of a cybersecurity event in a system maintained by a third-party service provider,
of which the licensee has become aware, the licensee shall treat such event as it would under
subdivision 1 unless the third-party service provider provides the notice required under
subdivision 1.
new text end

new text begin (b) The computation of a licensee's deadlines shall begin on the day after the third-party
service provider notifies the licensee of the cybersecurity event or the licensee otherwise
has actual knowledge of the cybersecurity event, whichever is sooner.
new text end

new text begin (c) Nothing in this act shall prevent or abrogate an agreement between a licensee and
another licensee, a third-party service provider, or any other party to fulfill any of the
investigation requirements imposed under section 60A.9854 or notice requirements imposed
under this section.
new text end

new text begin Subd. 5. new text end

new text begin Notice regarding cybersecurity events of reinsurers to insurers. new text end

new text begin (a) In the
case of a cybersecurity event involving nonpublic information that is used by the licensee
that is acting as an assuming insurer or in the possession, custody, or control of a licensee
that is acting as an assuming insurer and that does not have a direct contractual relationship
with the affected consumers, the assuming insurer shall notify its affected ceding insurers
and the commissioner of its state of domicile within three business days of making the
determination that a cybersecurity event has occurred.
new text end

new text begin (b) The ceding insurers that have a direct contractual relationship with affected consumers
shall fulfill the consumer notification requirements imposed under subdivision 3 and any
other notification requirements relating to a cybersecurity event imposed under this section.
new text end

new text begin (c) In the case of a cybersecurity event involving nonpublic information that is in the
possession, custody, or control of a third-party service provider of a licensee that is an
assuming insurer, the assuming insurer shall notify its affected ceding insurers and the
commissioner of its state of domicile within three business days of receiving notice from
its third-party service provider that a cybersecurity event has occurred.
new text end

new text begin (d) The ceding insurers that have a direct contractual relationship with affected consumers
shall fulfill the consumer notification requirements imposed under subdivision 3 and any
other notification requirements relating to a cybersecurity event imposed under this section.
new text end

new text begin (e) Any licensee acting as an assuming insurer shall have no other notice obligations
relating to a cybersecurity event or other data breach under this section.
new text end

new text begin Subd. 6. new text end

new text begin Notice regarding cybersecurity events of insurers to producers of record. new text end

new text begin (a)
In the case of a cybersecurity event involving nonpublic information that is in the possession,
custody, or control of a licensee that is an insurer or its third-party service provider and for
which a consumer accessed the insurer's services through an independent insurance producer,
the insurer shall notify the producers of record of all affected consumers no later than the
time at which notice is provided to the affected consumers.
new text end

new text begin (b) The insurer is excused from this obligation for those instances in which it does not
have the current producer of record information for any individual consumer or in those
instances in which the producer of record is no longer appointed to sell, solicit, or negotiate
on behalf of the insurer.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021.
new text end

Sec. 9.

new text begin [60A.9854] POWER OF COMMISSIONER.
new text end

new text begin (a) The commissioner of commerce or commissioner of health, whichever commissioner
otherwise regulates the licensee, shall have power to examine and investigate into the affairs
of any licensee to determine whether the licensee has been or is engaged in any conduct in
violation of sections 60A.985 to 60A.9857. This power is in addition to the powers which
the commissioner has under section 60A.031. Any such investigation or examination shall
be conducted pursuant to section 60A.031.
new text end

new text begin (b) Whenever the commissioner of commerce or commissioner of health has reason to
believe that a licensee has been or is engaged in conduct in this state which violates sections
60A.985 to 60A.9857, the commissioner of commerce or commissioner of health may take
action that is necessary or appropriate to enforce those sections.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021.
new text end

Sec. 10.

new text begin [60A.9855] CONFIDENTIALITY.
new text end

new text begin Subdivision 1. new text end

new text begin Licensee information. new text end

new text begin Any documents, materials, or other information
in the control or possession of the department that are furnished by a licensee or an employee
or agent thereof acting on behalf of a licensee pursuant to section 60A.9851, subdivision
9; section 60A.9853, subdivision 2, clauses (2), (3), (4), (5), (8), (10), and (11); or that are
obtained by the commissioner in an investigation or examination pursuant to section
60A.9854 shall be classified as confidential, protected nonpublic, or both; shall not be
subject to subpoena; and shall not be subject to discovery or admissible in evidence in any
private civil action. However, the commissioner is authorized to use the documents, materials,
or other information in the furtherance of any regulatory or legal action brought as a part
of the commissioner's duties.
new text end

new text begin Subd. 2. new text end

new text begin Certain testimony prohibited. new text end

new text begin Neither the commissioner nor any person who
received documents, materials, or other information while acting under the authority of the
commissioner shall be permitted or required to testify in any private civil action concerning
any confidential documents, materials, or information subject to subdivision 1.
new text end

new text begin Subd. 3. new text end

new text begin Information sharing. new text end

new text begin In order to assist in the performance of the commissioner's
duties under this act, the commissioner:
new text end

new text begin (1) may share documents, materials, or other information, including the confidential and
privileged documents, materials, or information subject to subdivision 1, with other state,
federal, and international regulatory agencies, with the National Association of Insurance
Commissioners, its affiliates or subsidiaries, and with state, federal, and international law
enforcement authorities, provided that the recipient agrees in writing to maintain the
confidentiality and privileged status of the document, material, or other information;
new text end

new text begin (2) may receive documents, materials, or information, including otherwise confidential
and privileged documents, materials, or information, from the National Association of
Insurance Commissioners, its affiliates or subsidiaries, and from regulatory and law
enforcement officials of other foreign or domestic jurisdictions, and shall maintain as
confidential or privileged any document, material, or information received with notice or
the understanding that it is confidential or privileged under the laws of the jurisdiction that
is the source of the document, material, or information;
new text end

new text begin (3) may share documents, materials, or other information subject to subdivision 1, with
a third-party consultant or vendor provided the consultant agrees in writing to maintain the
confidentiality and privileged status of the document, material, or other information; and
new text end

new text begin (4) may enter into agreements governing sharing and use of information consistent with
this subdivision.
new text end

new text begin Subd. 4. new text end

new text begin No waiver of privilege or confidentiality. new text end

new text begin No waiver of any applicable privilege
or claim of confidentiality in the documents, materials, or information shall occur as a result
of disclosure to the commissioner under this section or as a result of sharing as authorized
in subdivision 3. Any document, material, or information disclosed to the commissioner
under this section about a cybersecurity event must be retained and preserved by the licensee
for the time period under section 541.05, or longer if required by the licensee's document
retention policy.
new text end

new text begin Subd. 5. new text end

new text begin Certain actions public. new text end

new text begin Nothing in sections 60A.985 to 60A.9857 shall prohibit
the commissioner from releasing final, adjudicated actions that are open to public inspection
pursuant to chapter 13 to a database or other clearinghouse service maintained by the National
Association of Insurance Commissioners, its affiliates, or subsidiaries.
new text end

new text begin Subd. 6. new text end

new text begin Classification, protection, and use of information by others. new text end

new text begin Documents,
materials, or other information in the possession or control of the National Association of
Insurance Commissioners or a third-party consultant pursuant to sections 60A.985 to
60A.9857 are classified as confidential, protected nonpublic, and privileged; are not subject
to subpoena; and are not subject to discovery or admissible in evidence in a private civil
action.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021.
new text end

Sec. 11.

new text begin [60A.9856] EXCEPTIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Generally. new text end

new text begin The following exceptions shall apply to sections 60A.985 to
60A.9857:
new text end

new text begin (1) a licensee with fewer than 25 employees is exempt from sections 60A.9851 and
60A.9852;
new text end

new text begin (2) a licensee subject to and in compliance with the Health Insurance Portability and
Accountability Act, Public Law 104-191, 110 Stat. 1936 (HIPAA), is considered to comply
with sections 60A.9851, 60A.9852, and 60A.9853, subdivisions 3 to 5, provided the licensee
submits a written statement certifying its compliance with HIPAA;
new text end

new text begin (3) a licensee affiliated with a depository institution that maintains an information security
program in compliance with the interagency guidelines establishing standards for
safeguarding customer information as set forth pursuant to United States Code, title 15,
sections 6801 and 6805, shall be considered to meet the requirements of section 60A.9851
provided that the licensee produce, upon request, documentation satisfactory to the
commission that independently validates the affiliated depository institution's adoption of
an information security program that satisfies the interagency guidelines;
new text end

new text begin (4) an employee, agent, representative, or designee of a licensee, who is also a licensee,
is exempt from sections 60A.9851 and 60A.9852 and need not develop its own information
security program to the extent that the employee, agent, representative, or designee is covered
by the information security program of the other licensee; and
new text end

new text begin (5) an employee, agent, representative, or designee of a producer licensee, as defined
under section 60K.31, subdivision 6, who is also a licensee, is exempt from sections 60A.985
to 60A.9857.
new text end

new text begin Subd. 2. new text end

new text begin Exemption lapse; compliance. new text end

new text begin In the event that a licensee ceases to qualify
for an exception, such licensee shall have 180 days to comply with this act.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021.
new text end

Sec. 12.

new text begin [60A.9857] PENALTIES.
new text end

new text begin In the case of a violation of sections 60A.985 to 60A.9856, a licensee may be penalized
in accordance with section 60A.052.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021.
new text end

Sec. 13.

Minnesota Statutes 2020, section 61A.245, subdivision 4, is amended to read:

Subd. 4.

Minimum values.

The minimum values as specified in subdivisions 5, 6, 7, 8
and 10 of any paid-up annuity, cash surrender or death benefits available under an annuity
contract shall be based upon minimum nonforfeiture amounts as defined in this subdivision.

(a) The minimum nonforfeiture amount at any time at or prior to the commencement of
any annuity payments shall be equal to an accumulation up to that time at rates of interest
as indicated in paragraph (b) of the net considerations, as defined in this subdivision, paid
prior to that time, decreased by the sum of clauses (1) through (4):

(1) any prior withdrawals from or partial surrenders of the contract accumulated at rates
of interest as indicated in paragraph (b);

(2) an annual contract charge of $50, accumulated at rates of interest as indicated in
paragraph (b);

(3) any premium tax paid by the company for the contract and not subsequently credited
back to the company, such as upon early termination of the contract, in which case this
decrease must not be taken, accumulated at rates of interest as indicated in paragraph (b);
and

(4) the amount of any indebtedness to the company on the contract, including interest
due and accrued.

The net considerations for a given contract year used to define the minimum nonforfeiture
amount shall be an amount equal to 87.5 percent of the gross considerations credited to the
contract during that contract year.

(b) The interest rate used in determining minimum nonforfeiture amounts must be an
annual rate of interest determined as the lesser of three percent per annum and the following,
which must be specified in the contract if the interest rate will be reset:

(1) the five-year constant maturity treasury rate reported by the Federal Reserve as of a
date, or average over a period, rounded to the nearest 1/20 of one percent, specified in the
contract no longer than 15 months prior to the contract issue date or redetermination date
under clause (4);

(2) reduced by 125 basis points;

(3) where the resulting interest rate is not less than deleted text begin one deleted text end new text begin 0.15 new text end percent; and

(4) the interest rate shall apply for an initial period and may be redetermined for additional
periods. The redetermination date, basis, and period, if any, shall be stated in the contract.
The basis is the date or average over a specified period that produces the value of the
five-year constant maturity treasury rate to be used at each redetermination date.

(c) During the period or term that a contract provides substantive participation in an
equity indexed benefit, it may increase the reduction described in clause (2) by up to an
additional 100 basis points to reflect the value of the equity index benefit. The present value
at the contract issue date, and at each redetermination date thereafter, of the additional
reduction must not exceed the market value of the benefit. The commissioner may require
a demonstration that the present value of the additional reduction does not exceed the market
value of the benefit. Lacking such a demonstration that is acceptable to the commissioner,
the commissioner may disallow or limit the additional reduction.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following enactment.
new text end

Sec. 14.

Minnesota Statutes 2020, section 62J.23, subdivision 2, is amended to read:

Subd. 2.

Restrictions.

(a) From July 1, 1992, until rules are adopted by the commissioner
under this section, the restrictions in the federal Medicare antikickback statutes in section
1128B(b) of the Social Security Act, United States Code, title 42, section 1320a-7b(b), and
rules adopted under the federal statutes, apply to all persons in the state, regardless of whether
the person participates in any state health care program.

(b) Nothing in paragraph (a) shall be construed to prohibit an individual from receiving
a discount or other reduction in price or a limited-time free supply or samples of a prescription
drug, medical supply, or medical equipment offered by a pharmaceutical manufacturer,
medical supply or device manufacturer, health plan company, or pharmacy benefit manager,
so long as:

(1) the discount or reduction in price is provided to the individual in connection with
the purchase of a prescription drug, medical supply, or medical equipment prescribed for
that individual;

(2) it otherwise complies with the requirements of state and federal law applicable to
enrollees of state and federal public health care programs;

(3) the discount or reduction in price does not exceed the amount paid directly by the
individual for the prescription drug, medical supply, or medical equipment; and

(4) the limited-time free supply or samples are provided by a physician, advanced practice
registered nurse, or pharmacist, as provided by the federal Prescription Drug Marketing
Act.

For purposes of this paragraph, "prescription drug" includes prescription drugs that are
administered through infusion new text begin , injection, or other parenteral methods new text end , and related services
and supplies.

(c) No benefit, reward, remuneration, or incentive for continued product use may be
provided to an individual or an individual's family by a pharmaceutical manufacturer,
medical supply or device manufacturer, or pharmacy benefit manager, except that this
prohibition does not apply to:

(1) activities permitted under paragraph (b);

(2) a pharmaceutical manufacturer, medical supply or device manufacturer, health plan
company, or pharmacy benefit manager providing to a patient, at a discount or reduced
price or free of charge, ancillary products necessary for treatment of the medical condition
for which the prescription drug, medical supply, or medical equipment was prescribed or
provided; and

(3) a pharmaceutical manufacturer, medical supply or device manufacturer, health plan
company, or pharmacy benefit manager providing to a patient a trinket or memento of
insignificant value.

(d) Nothing in this subdivision shall be construed to prohibit a health plan company
from offering a tiered formulary with different co-payment or cost-sharing amounts for
different drugs.

Sec. 15.

new text begin [62Q.472] SCREENING AND TESTING FOR OPIOIDS.
new text end

new text begin (a) A health plan company shall not place a lifetime or annual limit on screenings and
urinalysis testing for opioids for an enrollee in an inpatient or outpatient substance use
disorder treatment program when the screening or testing is ordered by a health care provider
and performed by an accredited clinical laboratory. A health plan company is not prohibited
from conducting a medical necessity review when screenings or urinalysis testing for an
enrollee exceeds 24 tests in any 12-month period.
new text end

new text begin (b) This section does not apply to managed care plans or county-based purchasing plans
when the plan provides coverage to public health care program enrollees under chapter
256B or 256L.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2022, and applies to health
plans offered, issued, or renewed on or after that date.
new text end

Sec. 16.

Minnesota Statutes 2020, section 256B.0625, subdivision 10, is amended to read:

Subd. 10.

Laboratory and x-ray services.

new text begin (a) new text end Medical assistance covers laboratory and
x-ray services.

new text begin (b) Medical assistance covers screening and urinalysis tests for opioids without lifetime
or annual limits.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2022.
new text end

Sec. 17. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2020, sections 60A.98; 60A.981; and 60A.982, new text end new text begin are repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021.
new text end

ARTICLE 4

CONSUMER PROTECTION

Section 1.

Minnesota Statutes 2020, section 13.712, is amended by adding a subdivision
to read:

new text begin Subd. 7. new text end

new text begin Student loan servicers. new text end

new text begin Data collected, created, received, maintained, or
disseminated under chapter 58B are governed by section 58B.10.
new text end

Sec. 2.

Minnesota Statutes 2020, section 47.59, subdivision 2, is amended to read:

Subd. 2.

Application.

Extensions of credit or purchases of extensions of credit by
financial institutions under sections 47.20, 47.21, 47.201, 47.204, 47.58, deleted text begin 47.60, deleted text end 48.153,
48.185, 48.195, 59A.01 to 59A.15, 334.01, 334.011, 334.012, 334.022, 334.06, and 334.061
to 334.19 may, but need not, be made according to those sections in lieu of the authority
set forth in this section to the extent those sections authorize the financial institution to make
extensions of credit or purchase extensions of credit under those sections. If a financial
institution elects to make an extension of credit or to purchase an extension of credit under
those other sections, the extension of credit or the purchase of an extension of credit is
subject to those sections and not this section, except this subdivision, and except as expressly
provided in those sections. A financial institution may also charge an organization a rate of
interest and any charges agreed to by the organization and may calculate and collect finance
and other charges in any manner agreed to by that organization. Except for extensions of
credit a financial institution elects to make under section 334.01, 334.011, 334.012, 334.022,
334.06, or 334.061 to 334.19, chapter 334 does not apply to extensions of credit made
according to this section or the sections listed in this subdivision. This subdivision does not
authorize a financial institution to extend credit or purchase an extension of credit under
any of the sections listed in this subdivision if the financial institution is not authorized to
do so under those sections. A financial institution extending credit under any of the sections
listed in this subdivision shall specify in the promissory note, contract, or other loan document
the section under which the extension of credit is made.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021, and applies to consumer
short-term loans and small loans originated on or after that date.
new text end

Sec. 3.

Minnesota Statutes 2020, section 47.60, subdivision 2, is amended to read:

Subd. 2.

Authorization, terms, conditions, and prohibitions.

(a) deleted text begin In lieu of the interest,
finance charges, or fees in any other law, deleted text end A consumer small loan lender may charge deleted text begin the
following: deleted text end new text begin interest, finance charges, and fees. The sum of any interest, finance charges, and
fees must not exceed an annual percentage rate, as defined in section 47.59, subdivision 1,
paragraph (b), of 36 percent.
new text end

deleted text begin (1) on any amount up to and including $50, a charge of $5.50 may be added;
deleted text end

deleted text begin (2) on amounts in excess of $50, but not more than $100, a charge may be added equal
to ten percent of the loan proceeds plus a $5 administrative fee;
deleted text end

deleted text begin (3) on amounts in excess of $100, but not more than $250, a charge may be added equal
to seven percent of the loan proceeds with a minimum of $10 plus a $5 administrative fee;
deleted text end

deleted text begin (4) for amounts in excess of $250 and not greater than the maximum in subdivision 1,
paragraph (a), a charge may be added equal to six percent of the loan proceeds with a
minimum of $17.50 plus a $5 administrative fee.
deleted text end

(b) The term of a loan made under this section shall be for no more than 30 calendar
days.

(c) After maturity, the contract rate must not exceed 2.75 percent per month of the
remaining loan proceeds after the maturity date calculated at a rate of 1/30 of the monthly
rate in the contract for each calendar day the balance is outstanding.

(d) No insurance charges or other charges must be permitted to be charged, collected,
or imposed on a consumer small loan except as authorized in this section.

(e) On a loan transaction in which cash is advanced in exchange for a personal check,
a return check charge may be charged as authorized by section 604.113, subdivision 2,
paragraph (a). The civil penalty provisions of section 604.113, subdivision 2, paragraph
(b), may not be demanded or assessed against the borrower.

(f) A loan made under this section must not be repaid by the proceeds of another loan
made under this section by the same lender or related interest. The proceeds from a loan
made under this section must not be applied to another loan from the same lender or related
interest. No loan to a single borrower made pursuant to this section shall be split or divided
and no single borrower shall have outstanding more than one loan with the result of collecting
a higher charge than permitted by this section or in an aggregate amount of principal exceed
at any one time the maximum of $350.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021, and applies to consumer
short-term loans and small loans originated on or after that date.
new text end

Sec. 4.

Minnesota Statutes 2020, section 47.601, subdivision 2, is amended to read:

Subd. 2.

Consumer short-term loan contract.

(a) No contract or agreement between
a consumer short-term loan lender and a borrower residing in Minnesota may contain the
following:

(1) a provision selecting a law other than Minnesota law under which the contract is
construed or enforced;

(2) a provision choosing a forum for dispute resolution other than the state of Minnesota;
or

(3) a provision limiting class actions against a consumer short-term lender for violations
of subdivision 3 or for making consumer short-term loans:

(i) without a required license issued by the commissioner; or

(ii) in which interest rates, fees, charges, or loan amounts exceed those allowable under
section deleted text begin 47.59, subdivision 6, or deleted text end 47.60, subdivision 2 deleted text begin , other than by de minimis amounts if
no pattern or practice exists deleted text end .

(b) Any provision prohibited by paragraph (a) is void and unenforceable.

(c) A consumer short-term loan lender must furnish a copy of the written loan contract
to each borrower. The contract and disclosures must be written in the language in which
the loan was negotiated with the borrower and must contain:

(1) the name; address, which may not be a post office box; and telephone number of the
lender making the consumer short-term loan;

(2) the name and title of the individual employee or representative who signs the contract
on behalf of the lender;

(3) an itemization of the fees and interest charges to be paid by the borrower;

(4) in bold, 24-point type, the annual percentage rate as computed under United States
Code, chapter 15, section 1606; and

(5) a description of the borrower's payment obligations under the loan.

(d) The holder or assignee of a check or other instrument evidencing an obligation of a
borrower in connection with a consumer short-term loan takes the instrument subject to all
claims by and defenses of the borrower against the consumer short-term lender.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021, and applies to consumer
short-term loans and small loans originated on or after that date.
new text end

Sec. 5.

Minnesota Statutes 2020, section 47.601, subdivision 6, is amended to read:

Subd. 6.

Penalties for violation; private right of action.

(a) Except for a "bona fide
error" as set forth under United States Code, chapter 15, section 1640, subsection (c), an
individual or entity who violates subdivision 2 or 3 is liable to the borrower for:

(1) all money collected or received in connection with the loan;

(2) actual, incidental, and consequential damages;

(3) statutory damages of up to $1,000 per violation;

(4) costs, disbursements, and reasonable attorney fees; and

(5) injunctive relief.

(b) In addition to the remedies provided in paragraph (a), a loan is void, and the borrower
is not obligated to pay any amounts owing if the loan is made:

(1) by a consumer short-term lender who has not obtained an applicable license from
the commissioner;

(2) in violation of any provision of subdivision 2 or 3; or

(3) in which interest, fees, charges, or loan amounts exceed the interest, fees, charges,
or loan amounts allowable under deleted text begin sections 47.59, subdivision 6, and deleted text end new text begin section new text end 47.60, subdivision
2.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021, and applies to consumer
short-term loans and small loans originated on or after that date.
new text end

Sec. 6.

Minnesota Statutes 2020, section 48.512, subdivision 2, is amended to read:

Subd. 2.

Required information.

Before opening or authorizing signatory power over
a transaction account, a financial intermediary shall require one applicant to provide the
following information on an application document signed by the applicant:

(a) full name;

(b) birth date;

(c) address of residence;

(d) address of current employment, if employed;

(e) telephone numbers of residence and place of employment, if any;

(f) Social Security number;

(g) driver's license or identification card number issued pursuant to section 171.07. If
the applicant does not have a driver's license or identification card, the applicant may provide
an identification document number issued for identification purposes by any state, federal,
or foreign government if the document includes the applicant's photograph, full name, birth
date, and signature. deleted text begin A valid Wisconsin driver's license without a photograph may be accepted
in satisfaction of the requirement of this paragraph until January 1, 1985 deleted text end ;

(h) whether the applicant has had a transaction account at the same or another financial
intermediary within 12 months immediately preceding the application, and if so, the name
of the financial intermediary;

(i) whether the applicant has had a transaction account closed by a financial intermediary
without the applicant's consent within 12 months immediately preceding the application,
and if so, the reason the account was closed; and

(j) whether the applicant has been convicted of a criminal offense because of the use of
a check or other similar item within 24 months immediately preceding the application.

A financial intermediary may require an applicant to disclose additional information.

An applicant who makes a false material statement that the applicant does not believe
to be true in an application document with respect to information required to be provided
by this subdivision is guilty of perjury. The financial intermediary shall notify the applicant
of the provisions of this paragraph.

Sec. 7.

Minnesota Statutes 2020, section 48.512, subdivision 3, is amended to read:

Subd. 3.

Confirm no involuntary closing.

new text begin (a) new text end Before opening or authorizing signatory
power over a transaction account, the financial intermediary shall attempt to verify the
information disclosed for subdivision 2, clause (i). Inquiries made to verify this information
through persons in the business of providing such information must include an inquiry based
on the applicant's identification number provided under subdivision 2, clause (g).

new text begin (b) new text end The financial intermediary may not open or authorize signatory power over a
transaction account if (i) the applicant had a transaction account closed by a financial
intermediary without consent because of issuance by the applicant of dishonored checks
within 12 months immediately preceding the application, or (ii) the applicant has been
convicted of a criminal offense because of the use of a check or other similar item within
24 months immediately preceding the application. new text begin This paragraph does not apply to programs
designed to expand access to financial services to individuals who do not possess a transaction
account.
new text end

new text begin (c) new text end If the transaction account is refused pursuant to this subdivision, the reasons for the
refusal shall be given to the applicant in writing and the applicant shall be allowed to provide
additional information.

Sec. 8.

Minnesota Statutes 2020, section 48.512, subdivision 7, is amended to read:

Subd. 7.

Transaction account service charges and charges relating to dishonored
checks.

(a) The establishment of transaction account service charges and the amounts of
the charges not otherwise limited or prescribed by law or rule is a business decision to be
made by each financial intermediary according to sound business judgment and safe, sound
financial institution operational standards. In establishing transaction account service charges,
the financial intermediary may consider, but is not limited to considering:

(1) costs incurred by the institution, plus a profit margin, in providing the service;

(2) the deterrence of misuse by customers of financial institution services;

(3) the establishment of the competitive position of the financial institution in accordance
with the institution's marketing strategy; and

(4) maintenance of the safety and soundness of the institution.

(b) Transaction account service charges must be reasonable in relation to these
considerations and should be arrived at by each financial intermediary on a competitive
basis and not on the basis of any agreement, arrangement, undertaking, or discussion with
other financial intermediaries or their officers.

(c) A financial intermediary may not impose a service charge in excess of deleted text begin $4 deleted text end new text begin $10 new text end for a
dishonored check on any person other than the issuer of the check.

Sec. 9.

Minnesota Statutes 2020, section 53.04, subdivision 3a, is amended to read:

Subd. 3a.

Loans.

(a) The right to make loans, secured or unsecured, at the rates and on
the terms and other conditions permitted under chapters 47 and 334. Loans made under this
authority must be in amounts in compliance with section 53.05, clause (7). A licensee making
a loan under this chapter secured by a lien on real estate shall comply with the requirements
of section 47.20, subdivision 8. new text begin A licensee making a loan that is a consumer small loan, as
defined in section 47.60, subdivision 1, paragraph (a), must comply with section 47.60. A
licensee making a loan that is a consumer short-term loan, as defined in section 47.601,
subdivision 1, paragraph (d), must comply with section 47.601.
new text end

(b) Loans made under this subdivision may be secured by real or personal property, or
both. If the proceeds of a loan secured by a first lien on the borrower's primary residence
are used to finance the purchase of the borrower's primary residence, the loan must comply
with the provisions of section 47.20.

(c) An agency or instrumentality of the United States government or a corporation
otherwise created by an act of the United States Congress or a lender approved or certified
by the secretary of housing and urban development, or approved or certified by the
administrator of veterans affairs, or approved or certified by the administrator of the Farmers
Home Administration, or approved or certified by the Federal Home Loan Mortgage
Corporation, or approved or certified by the Federal National Mortgage Association, that
engages in the business of purchasing or taking assignments of mortgage loans and undertakes
direct collection of payments from or enforcement of rights against borrowers arising from
mortgage loans, is not required to obtain a certificate of authorization under this chapter in
order to purchase or take assignments of mortgage loans from persons holding a certificate
of authorization under this chapter.

(d) This subdivision does not authorize an industrial loan and thrift company to make
loans under an overdraft checking plan.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021, and applies to consumer
short-term loans and small loans originated on or after that date.
new text end

Sec. 10.

Minnesota Statutes 2020, section 56.131, subdivision 1, is amended to read:

Subdivision 1.

Interest rates and charges.

(a) On any loan in a principal amount not
exceeding $100,000 or 15 percent of a Minnesota corporate licensee's capital stock and
surplus as defined in section 53.015, if greater, a licensee may contract for and receive
interest, finance charges, and other charges as provided in section 47.59.

new text begin (b) Notwithstanding paragraph (a), a licensee making a loan that is a consumer small
loan, as defined in section 47.60, subdivision 1, paragraph (a), must comply with section
47.60. A licensee making a loan that is a consumer short-term loan, as defined in section
47.601, subdivision 1, paragraph (d), must comply with section 47.601.
new text end

deleted text begin (b) deleted text end new text begin (c) new text end With respect to a loan secured by an interest in real estate, and having a maturity
of more than 60 months, the original schedule of installment payments must fully amortize
the principal and interest on the loan. The original schedule of installment payments for any
other loan secured by an interest in real estate must provide for payment amounts that are
sufficient to pay all interest scheduled to be due on the loan.

deleted text begin (c) deleted text end new text begin (d) new text end A licensee may contract for and collect a delinquency charge as provided for in
section 47.59, subdivision 6, paragraph (a), clause (4).

deleted text begin (d) deleted text end new text begin (e) new text end A licensee may grant extensions, deferments, or conversions to interest-bearing
as provided in section 47.59, subdivision 5.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021, and applies to consumer
short-term loans and small loans originated on or after that date.
new text end

Sec. 11.

new text begin [58B.01] TITLE.
new text end

new text begin This chapter may be cited as the "Student Loan Borrower Bill of Rights."
new text end

Sec. 12.

new text begin [58B.02] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Scope. new text end

new text begin For purposes of this chapter, the following terms have the meanings
given them.
new text end

new text begin Subd. 2. new text end

new text begin Borrower. new text end

new text begin "Borrower" means a resident of this state who has received or agreed
to pay a student loan or a person who shares responsibility with a resident for repaying a
student loan.
new text end

new text begin Subd. 3. new text end

new text begin Commissioner. new text end

new text begin "Commissioner" means the commissioner of commerce.
new text end

new text begin Subd. 4. new text end

new text begin Financial institution. new text end

new text begin "Financial institution" means any of the following
organized under the laws of this state, any other state, or the United States: a bank, bank
and trust, trust company with banking powers, savings bank, savings association, or credit
union.
new text end

new text begin Subd. 5. new text end

new text begin Person in control. new text end

new text begin "Person in control" means any member of senior
management, including owners or officers, and other persons who directly or indirectly
possess the power to direct or cause the direction of the management policies of an applicant
or student loan servicer under this chapter, regardless of whether the person has any
ownership interest in the applicant or student loan servicer. Control is presumed to exist if
a person directly or indirectly owns, controls, or holds with power to vote ten percent or
more of the voting stock of an applicant or student loan servicer or of a person who owns,
controls, or holds with power to vote ten percent or more of the voting stock of an applicant
or student loan servicer.
new text end

new text begin Subd. 6. new text end

new text begin Servicing. new text end

new text begin "Servicing" means:
new text end

new text begin (1) receiving any scheduled periodic payments from a borrower or notification of
payments, and applying payments to the borrower's account pursuant to the terms of the
student loan or of the contract governing servicing;
new text end

new text begin (2) during a period when no payment is required on a student loan, maintaining account
records for the loan and communicating with the borrower regarding the loan, on behalf of
the loan's holder; and
new text end

new text begin (3) interacting with a borrower, including activities to help prevent default on obligations
arising from student loans, conducted to facilitate the requirements in clauses (1) and (2).
new text end

new text begin Subd. 7. new text end

new text begin Student loan. new text end

new text begin "Student loan" means a government, commercial, or foundation
loan for actual costs paid for tuition and reasonable education and living expenses.
new text end

new text begin Subd. 8. new text end

new text begin Student loan servicer. new text end

new text begin "Student loan servicer" means any person, wherever
located, responsible for the servicing of any student loan to any borrower, including a
nonbank covered person, as defined in Code of Federal Regulations, title 12, section
1090.101, who is responsible for the servicing of any student loan to any borrower.
new text end

Sec. 13.

new text begin [58B.03] LICENSING OF STUDENT LOAN SERVICERS.
new text end

new text begin Subdivision 1. new text end

new text begin License required. new text end

new text begin No person shall directly or indirectly act as a student
loan servicer without first obtaining a license from the commissioner.
new text end

new text begin Subd. 2. new text end

new text begin Exempt persons. new text end

new text begin The following persons are exempt from the requirements of
this chapter:
new text end

new text begin (1) a financial institution;
new text end

new text begin (2) a person servicing student loans made with the person's own funds, if no more than
three student loans are made in any 12-month period;
new text end

new text begin (3) an agency, instrumentality, or political subdivision of this state that makes, services,
or guarantees student loans;
new text end

new text begin (4) a person acting in a fiduciary capacity, such as a trustee or receiver, as a result of a
specific order issued by a court of competent jurisdiction;
new text end

new text begin (5) the University of Minnesota; or
new text end

new text begin (6) a person exempted by order of the commissioner.
new text end

new text begin Subd. 3. new text end

new text begin Application for licensure. new text end

new text begin (a) Any person seeking to act within the state as a
student loan servicer must apply for a license in a form and manner specified by the
commissioner. At a minimum, the application must include:
new text end

new text begin (1) a financial statement prepared by a certified public accountant or a public accountant;
new text end

new text begin (2) the history of criminal convictions, excluding traffic violations, for persons in control
of the applicant;
new text end

new text begin (3) any information requested by the commissioner related to the history of criminal
convictions disclosed under clause (2);
new text end

new text begin (4) a nonrefundable license fee established by the commissioner; and
new text end

new text begin (5) a nonrefundable investigation fee established by the commissioner.
new text end

new text begin (b) The commissioner may conduct a state and national criminal history records check
of the applicant and of each person in control or employee of the applicant.
new text end

new text begin Subd. 4. new text end

new text begin Issuance of a license. new text end

new text begin (a) Upon receipt of a complete application for an initial
license and the payment of fees for a license and investigation, the commissioner must
investigate the financial condition and responsibility, character, financial and business
experience, and general fitness of the applicant. The commissioner may issue a license if
the commissioner finds:
new text end

new text begin (1) the applicant's financial condition is sound;
new text end

new text begin (2) the applicant's business will be conducted honestly, fairly, equitably, carefully, and
efficiently within the purposes and intent of this chapter;
new text end

new text begin (3) each person in control of the applicant is in all respects properly qualified and of
good character;
new text end

new text begin (4) no person, on behalf of the applicant, has knowingly made any incorrect statement
of a material fact in the application or in any report or statement made pursuant to this
section;
new text end

new text begin (5) no person, on behalf of the applicant, has knowingly omitted any information required
by the commissioner from an application, report, or statement made pursuant to this section;
new text end

new text begin (6) the applicant has paid the fees required under this section; and
new text end

new text begin (7) the application has met other similar requirements as determined by the commissioner.
new text end

new text begin (b) A license issued under this chapter is not transferable or assignable.
new text end

new text begin Subd. 5. new text end

new text begin Notification of a change in status. new text end

new text begin An applicant or student loan servicer must
notify the commissioner in writing of any change in the information provided in the initial
application for a license or the most recent renewal application for a license. The notification
must be received no later than ten business days after the date of an event that results in the
information becoming inaccurate.
new text end

new text begin Subd. 6. new text end

new text begin Term of license. new text end

new text begin Licenses issued under this chapter expire on December 31 of
each year and are renewable on January 1.
new text end

new text begin Subd. 7. new text end

new text begin Exemption from application. new text end

new text begin (a) A person is exempt from the application
procedures under subdivision 3 if the commissioner determines that the person is servicing
student loans in this state pursuant to a contract awarded by the United States Secretary of
Education under United States Code, title 20, section 1087f. Documentation of eligibility
for this exemption shall be in a form and manner determined by the commissioner.
new text end

new text begin (b) A person determined to be eligible for the exemption under paragraph (a) shall, upon
payment of the fees under subdivision 3, be issued a license and deemed to meet all of the
requirements of subdivision 4.
new text end

new text begin Subd. 8. new text end

new text begin Notice. new text end

new text begin (a) A person issued a license under subdivision 7 must provide the
commissioner with written notice no less than seven days after the date the person's contract
under United States Code, title 20, section 1087f, expires, is revoked, or is terminated.
new text end

new text begin (b) A person issued a license under subdivision 7 has 30 days from the date the
notification under paragraph (a) is provided to complete the requirements of subdivision 3.
If a person does not meet the requirements of subdivision 3 within this time period, the
commissioner shall immediately suspend the person's license under this chapter.
new text end

Sec. 14.

new text begin [58B.04] LICENSING MULTIPLE PLACES OF BUSINESS.
new text end

new text begin A person licensed to act as a student loan servicer in this state is prohibited from servicing
student loans under any other name or at any other place of business than that named in the
license. Any time a student loan servicer changes the location of the servicer's place of
business, the servicer must provide prior written notice to the commissioner. A student loan
servicer may not maintain more than one place of business under the same license. The
commissioner may issue more than one license to the same student loan servicer, provided
that the servicer complies with the application procedures in section 58B.03 for each license.
new text end

Sec. 15.

new text begin [58B.05] LICENSE RENEWAL.
new text end

new text begin Subdivision 1. new text end

new text begin Term. new text end

new text begin Licenses are renewable on January 1 of each year.
new text end

new text begin Subd. 2. new text end

new text begin Timely renewal. new text end

new text begin (a) A person whose application is properly and timely filed
who has not received notice of denial of renewal is considered approved for renewal. The
person may continue to act as a student loan servicer whether or not the renewed license
has been received on or before January 1 of the renewal year. An application for renewal
of a license is considered timely filed if the application is received by the commissioner, or
mailed with proper postage and postmarked, by the December 15 before the renewal year.
An application for renewal is considered properly filed if the application is made upon forms
duly executed, accompanied by fees prescribed by this chapter, and containing any
information that the commissioner requires.
new text end

new text begin (b) A person who fails to make a timely application for renewal of a license and who
has not received the renewal license as of January 1 of the renewal year is unlicensed until
the renewal license has been issued by the commissioner and is received by the person.
new text end

new text begin Subd. 3. new text end

new text begin Contents of renewal application. new text end

new text begin An application for renewal of an existing
license must contain the information specified in section 58B.03, subdivision 3, except that
only the requested information having changed from the most recent prior application need
be submitted.
new text end

new text begin Subd. 4. new text end

new text begin Cancellation. new text end

new text begin A student loan servicer ceasing an activity or activities regulated
by this chapter and desiring to no longer be licensed shall inform the commissioner in writing
and, at the same time, surrender the license and all other symbols or indicia of licensure.
The licensee shall include a plan for the withdrawal from student loan servicing, including
a timetable for the disposition of the student loans being serviced.
new text end

new text begin Subd. 5. new text end

new text begin Renewal fees. new text end

new text begin The following fees must be paid to the commissioner for a
renewal license:
new text end

new text begin (1) a nonrefundable renewal license fee established by the commissioner; and
new text end

new text begin (2) a nonrefundable renewal investigation fee established by the commissioner.
new text end

Sec. 16.

new text begin [58B.06] DUTIES OF STUDENT LOAN SERVICERS.
new text end

new text begin Subdivision 1. new text end

new text begin Response requirements. new text end

new text begin Upon receiving a written communication from
a borrower, a student loan servicer must:
new text end

new text begin (1) acknowledge receipt of the communication in less than ten days from the date the
communication is received; and
new text end

new text begin (2) provide information relating to the communication and, if applicable, the action the
student loan servicer will take to either (i) correct the borrower's issue or (ii) explain why
the issue cannot be corrected. The information must be provided less than 30 days after the
date the written communication was received by the student loan servicer.
new text end

new text begin Subd. 2. new text end

new text begin Overpayments. new text end

new text begin (a) A student loan servicer must ask a borrower in what manner
the borrower would like any overpayment to be applied to a student loan. A borrower's
instruction regarding the application of overpayments is effective for the term of the loan
or until the borrower provides a different instruction.
new text end

new text begin (b) For purposes of this subdivision, "overpayment" means a payment on a student loan
that exceeds the monthly amount due.
new text end

new text begin Subd. 3. new text end

new text begin Partial payments. new text end

new text begin (a) A student loan servicer must apply a partial payment in
a manner intended to minimize late fees and the negative impact on the borrower's credit
history. If a borrower has multiple student loans with the same student loan servicer, upon
receipt of a partial payment the servicer must apply the payments to satisfy as many
individual loan payments as possible.
new text end

new text begin (b) For purposes of this subdivision, "partial payment" means a payment on a student
loan that is less than the monthly amount due.
new text end

new text begin Subd. 4. new text end

new text begin Transfer of student loan. new text end

new text begin (a) If a borrower's student loan servicer changes
pursuant to the sale, assignment, or transfer of the servicing, the original student loan servicer
must:
new text end

new text begin (1) require the new student loan servicer to honor all benefits that were made available,
or which may have become available, to a borrower from the original student loan servicer;
and
new text end

new text begin (2) transfer to the new student loan servicer all information regarding the borrower, the
account of the borrower, and the borrower's student loan, including but not limited to the
repayment status of the student loan and the benefits described in clause (1).
new text end

new text begin (b) The student loan servicer must complete the transfer under paragraph (a), clause (2),
less than 45 days from the date of the sale, assignment, or transfer of the servicing.
new text end

new text begin (c) A sale, assignment, or transfer of the servicing must be completed no less than seven
days from the date the next payment is due on the student loan.
new text end

new text begin (d) A new student loan servicer must adopt policies and procedures to verify that the
original student loan servicer has met the requirements of paragraph (a).
new text end

new text begin Subd. 5. new text end

new text begin Income-driven repayment. new text end

new text begin A student loan servicer must evaluate a borrower
for eligibility for an income-driven repayment program before placing a borrower in
forbearance or default.
new text end

new text begin Subd. 6. new text end

new text begin Records. new text end

new text begin A student loan servicer must maintain adequate records of each student
loan for not less than two years following the final payment on the student loan or the sale,
assignment, or transfer of the servicing.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2021, and applies to student loan
contracts executed on or after that date.
new text end

Sec. 17.

new text begin [58B.07] PROHIBITED CONDUCT.
new text end

new text begin Subdivision 1. new text end

new text begin Misleading borrowers. new text end

new text begin A student loan servicer must not directly or
indirectly attempt to mislead a borrower.
new text end

new text begin Subd. 2. new text end

new text begin Misrepresentation. new text end

new text begin A student loan servicer must not engage in any unfair or
deceptive practice or misrepresent or omit any material information in connection with the
servicing of a student loan, including but not limited to misrepresenting the amount, nature,
or terms of any fee or payment due or claimed to be due on a student loan, the terms and
conditions of the loan agreement, or the borrower's obligations under the loan.
new text end

new text begin Subd. 3. new text end

new text begin Misapplication of payments. new text end

new text begin A student loan servicer must not knowingly or
negligently misapply student loan payments.
new text end

new text begin Subd. 4. new text end

new text begin Inaccurate information. new text end

new text begin A student loan servicer must not knowingly or
negligently provide inaccurate information to any consumer reporting agency.
new text end

new text begin Subd. 5. new text end

new text begin Reporting of payment history. new text end

new text begin A student loan servicer must not fail to report
both the favorable and unfavorable payment history of the borrower to a consumer reporting
agency at least annually, if the student loan servicer regularly reports payment history
information.
new text end

new text begin Subd. 6. new text end

new text begin Refusal to communicate with a borrower's representative. new text end

new text begin A student loan
servicer must not refuse to communicate with a representative of the borrower who provides
a written authorization signed by the borrower. The student loan servicer may adopt
procedures reasonably related to verifying that the representative is in fact authorized to act
on behalf of the borrower.
new text end

new text begin Subd. 7. new text end

new text begin False statements and omissions. new text end

new text begin A student loan servicer must not knowingly
or negligently make any false statement or omission of material fact in connection with any
application, information, or reports filed with the commissioner or any other federal, state,
or local government agency.
new text end

new text begin Subd. 8. new text end

new text begin Noncompliance with applicable laws. new text end

new text begin A student loan servicer must not violate
any other federal, state, or local laws, including those related to fraudulent, coercive, or
dishonest practices.
new text end

new text begin Subd. 9. new text end

new text begin Incorrect information regarding student loan forgiveness. new text end

new text begin A student loan
servicer must not misrepresent the availability of student loan forgiveness for which the
servicer has reason to know the borrower is eligible. This includes but is not limited to
student loan forgiveness programs specific to military borrowers, borrowers working in
public service, or borrowers with disabilities.
new text end

new text begin Subd. 10. new text end

new text begin Compliance with servicer duties. new text end

new text begin A student loan servicer must comply with
the duties and obligations under section 58B.06.
new text end

Sec. 18.

new text begin [58B.08] EXAMINATIONS.
new text end

new text begin The commissioner has the same powers with respect to examinations of student loan
servicers under this chapter that the commissioner has under section 46.04.
new text end

Sec. 19.

new text begin [58B.09] DENIAL; SUSPENSION; REVOCATION OF LICENSES.
new text end

new text begin Subdivision 1. new text end

new text begin Powers of commissioner. new text end

new text begin (a) The commissioner may by order take any
or all of the following actions:
new text end

new text begin (1) bar a person from engaging in student loan servicing;
new text end

new text begin (2) deny, suspend, or revoke a student loan servicer license;
new text end

new text begin (3) censure a student loan servicer;
new text end

new text begin (4) impose a civil penalty, as provided in section 45.027, subdivision 6;
new text end

new text begin (5) order restitution to the borrower, if applicable; or
new text end

new text begin (6) revoke an exemption.
new text end

new text begin (b) In order to take the action in paragraph (a), the commissioner must find:
new text end

new text begin (1) the order is in the public interest; and
new text end

new text begin (2) the student loan servicer, applicant, person in control, employee, or agent has:
new text end

new text begin (i) violated any provision of this chapter or a rule or order adopted or issued under this
chapter;
new text end

new text begin (ii) violated a standard of conduct or engaged in a fraudulent, coercive, deceptive, or
dishonest act or practice, including but not limited to negligently making a false statement
or knowingly omitting a material fact, whether or not the act or practice involves student
loan servicing;
new text end

new text begin (iii) engaged in an act or practice that demonstrates untrustworthiness, financial
irresponsibility, or incompetence, whether or not the act or practice involves student loan
servicing;
new text end

new text begin (iv) pled guilty or nolo contendere to or been convicted of a felony, gross misdemeanor,
or misdemeanor;
new text end

new text begin (v) paid a civil penalty or been the subject of a disciplinary action by the commissioner,
order of suspension or revocation, cease and desist order, injunction order, or order barring
involvement in an industry or profession issued by the commissioner or any other federal,
state, or local government agency;
new text end

new text begin (vi) been found by a court of competent jurisdiction to have engaged in conduct
evidencing gross negligence, fraud, misrepresentation, or deceit;
new text end

new text begin (vii) refused to cooperate with an investigation or examination by the commissioner;
new text end

new text begin (viii) failed to pay any fee or assessment imposed by the commissioner; or
new text end

new text begin (ix) failed to comply with state and federal tax obligations.
new text end

new text begin Subd. 2. new text end

new text begin Orders of the commissioner. new text end

new text begin To begin a proceeding under this section, the
commissioner shall issue an order requiring the subject of the proceeding to show cause
why action should not be taken against the person according to this section. The order must
be calculated to give reasonable notice of the time and place for the hearing and must state
the reasons for entry of the order. The commissioner may by order summarily suspend a
license or exemption or summarily bar a person from engaging in student loan servicing
pending a final determination of an order to show cause. If a license or exemption is
summarily suspended or if the person is summarily barred from any involvement in the
servicing of student loans pending final determination of an order to show cause, a hearing
on the merits must be held within 30 days of the issuance of the order of summary suspension
or bar. All hearings must be conducted under chapter 14. After the hearing, the commissioner
shall enter an order disposing of the matter as the facts require. If the subject of the order
fails to appear at a hearing after having been duly notified, the person is considered in default
and the proceeding may be determined against the subject of the order upon consideration
of the order to show cause, the allegations of which may be considered to be true.
new text end

new text begin Subd. 3. new text end

new text begin Actions against lapsed license. new text end

new text begin If a license or certificate of exemption lapses;
is surrendered, withdrawn, or terminated; or otherwise becomes ineffective, the commissioner
may (1) institute a proceeding under this subdivision within two years after the license or
certificate of exemption was last effective and enter a revocation or suspension order as of
the last date on which the license or certificate of exemption was in effect, and (2) impose
a civil penalty as provided for in this section or section 45.027, subdivision 6.
new text end

Sec. 20.

new text begin [58B.10] DATA PRACTICES.
new text end

new text begin Subdivision 1. new text end

new text begin Classification of data. new text end

new text begin Data collected, created, received, maintained, or
disseminated by the Department of Commerce under this chapter are governed by section
46.07.
new text end

new text begin Subd. 2. new text end

new text begin Data sharing. new text end

new text begin To the extent data collected, created, received, maintained, or
disseminated under this chapter are not public data as defined by section 13.02, subdivision
8a, the data may, when necessary to accomplish the purpose of this chapter, be shared
between:
new text end

new text begin (1) the United States Department of Education;
new text end

new text begin (2) the Office of Higher Education;
new text end

new text begin (3) the Department of Commerce;
new text end

new text begin (4) the Office of the Attorney General; and
new text end

new text begin (5) any other local, state, and federal law enforcement agencies.
new text end

Sec. 21.

Minnesota Statutes 2020, section 65B.15, subdivision 1, is amended to read:

Subdivision 1.

Grounds and notice.

No cancellation or reduction in the limits of liability
of coverage during the policy period of any policy shall be effective unless notice thereof
is given and unless based on one or more reasons stated in the policy which shall be limited
to the following:

1. nonpayment of premium; or

2. the policy was obtained through a material misrepresentation; or

3. any insured made a false or fraudulent claim or knowingly aided or abetted another
in the presentation of such a claim; or

4. the named insured failed to disclose fully motor vehicle accidents and moving traffic
violations of the named insured for the preceding 36 months if called for in the written
application; or

5. the named insured failed to disclose in the written application any requested information
necessary for the acceptance or proper rating of the risk; or

6. the named insured knowingly failed to give any required written notice of loss or
notice of lawsuit commenced against the named insured, or, when requested, refused to
cooperate in the investigation of a claim or defense of a lawsuit; or

7. the named insured or any other operator who either resides in the same household, or
customarily operates an automobile insured under such policy, unless the other operator is
identified as a named insured in another policy as an insured:

(a) has, within the 36 months prior to the notice of cancellation, had that person's driver's
license under suspension or revocation because the person committed a moving traffic
violation or because the person refused to be tested under section 169A.20, subdivision 1;
or

(b) is or becomes subject to epilepsy or heart attacks, and such individual does not
produce a written opinion from a physician testifying to that person's medical ability to
operate a motor vehicle safely, such opinion to be based upon a reasonable medical
probability; or

(c) has an accident record, conviction record (criminal or traffic), physical condition or
mental condition, any one or all of which are such that the person's operation of an automobile
might endanger the public safety; or

(d) has been convicted, or forfeited bail, during the 24 months immediately preceding
the notice of cancellation for criminal negligence in the use or operation of an automobile,
or assault arising out of the operation of a motor vehicle, or operating a motor vehicle while
in an intoxicated condition or while under the influence of drugs; or leaving the scene of
an accident without stopping to report; or making false statements in an application for a
driver's license, or theft or unlawful taking of a motor vehicle; or

(e) has been convicted of, or forfeited bail for, one or more violations within the 18
months immediately preceding the notice of cancellation, of any law, ordinance, or rule
which justify a revocation of a driver's license; or

8. the insured automobile is:

(a) so mechanically defective that its operation might endanger public safety; or

(b) used in carrying passengers for hire or compensation, provided however that the use
of an automobile for a car pool new text begin or a private passenger vehicle used by a volunteer driver,
as defined under section 65B.472, subdivision 1, paragraph (h), new text end shall not be considered use
of an automobile for hire or compensation; or

(c) used in the business of transportation of flammables or explosives; or

(d) an authorized emergency vehicle; or

(e) subject to an inspection law and has not been inspected or, if inspected, has failed
to qualify within the period specified under such inspection law; or

(f) substantially changed in type or condition during the policy period, increasing the
risk substantially, such as conversion to a commercial type vehicle, a dragster, sports car
or so as to give clear evidence of a use other than the original use.

Sec. 22.

Minnesota Statutes 2020, section 65B.43, subdivision 12, is amended to read:

Subd. 12.

Commercial vehicle.

"Commercial vehicle" means:

(a) any motor vehicle used as a common carrier,

(b) any motor vehicle, other than a passenger vehicle defined in section 168.002,
subdivision 24, which has a curb weight in excess of 5,500 pounds apart from cargo capacity,
or

(c) any motor vehicle while used in the for-hire transportation of property.

Commercial vehicle does not include a "commuter van," which for purposes of this
chapter deleted text begin shall mean deleted text end new text begin means (1) new text end a motor vehicle having a capacity of seven to 16 persons
which is used principally to provide prearranged transportation of persons to or from their
place of employment or to or from a transit stop authorized by a local transit authority which
vehicle is to be operated by a person who does not drive the vehicle as a principal occupation
but is driving it only to or from the principal place of employment, to or from a transit stop
authorized by a local transit authority or new text begin , new text end for personal use as permitted by the owner of the
vehicle new text begin , or (2) a private passenger vehicle driven by a volunteer driver new text end .

Sec. 23.

Minnesota Statutes 2020, section 65B.472, subdivision 1, is amended to read:

Subdivision 1.

Definitions.

(a) Unless a different meaning is expressly made applicable,
the terms defined in paragraphs (b) through (g) have the meanings given them for the
purposes of this chapter.

(b) A "digital network" means any online-enabled application, software, website, or
system offered or utilized by a transportation network company that enables the
prearrangement of rides with transportation network company drivers.

(c) A "personal vehicle" means a vehicle that is used by a transportation network company
driver in connection with providing a prearranged ride and is:

(1) owned, leased, or otherwise authorized for use by the transportation network company
driver; and

(2) not a taxicab, limousine, deleted text begin or deleted text end for-hire vehicle new text begin , or a private passenger vehicle driven
by a volunteer driver new text end .

(d) A "prearranged ride" means the provision of transportation by a driver to a rider,
beginning when a driver accepts a ride requested by a rider through a digital network
controlled by a transportation network company, continuing while the driver transports a
requesting rider, and ending when the last requesting rider departs from the personal vehicle.
A prearranged ride does not include transportation provided using a taxicab, limousine, or
other for-hire vehicle.

(e) A "transportation network company" means a corporation, partnership, sole
proprietorship, or other entity that is operating in Minnesota that uses a digital network to
connect transportation network company riders to transportation network company drivers
who provide prearranged rides.

(f) A "transportation network company driver" or "driver" means an individual who:

(1) receives connections to potential riders and related services from a transportation
network company in exchange for payment of a fee to the transportation network company;
and

(2) uses a personal vehicle to provide a prearranged ride to riders upon connection
through a digital network controlled by a transportation network company in return for
compensation or payment of a fee.

(g) A "transportation network company rider" or "rider" means an individual or persons
who use a transportation network company's digital network to connect with a transportation
network driver who provides prearranged rides to the rider in the driver's personal vehicle
between points chosen by the rider.

new text begin (h) A "volunteer driver" means an individual who transports persons or goods on behalf
of a nonprofit entity or governmental unit in a private passenger vehicle and receives no
compensation for services provided other than the reimbursement of actual expenses.
new text end

Sec. 24.

Minnesota Statutes 2020, section 174.29, subdivision 1, is amended to read:

Subdivision 1.

Definition.

For the purpose of sections 174.29 and 174.30 "special
transportation service" means motor vehicle transportation provided on a regular basis by
a public or private entity or person that is designed exclusively or primarily to serve
individuals who are elderly or disabled and who are unable to use regular means of
transportation but do not require ambulance service, as defined in section 144E.001,
subdivision 3. Special transportation service includes but is not limited to service provided
by specially equipped buses, vans, taxis, and volunteers driving private automobiles new text begin , as
defined in section 65B.472, subdivision 1, paragraph (h) new text end . Special transportation service also
means those nonemergency medical transportation services under section 256B.0625,
subdivision 17, that are subject to the operating standards for special transportation service
under sections 174.29 to 174.30 and Minnesota Rules, chapter 8840.

Sec. 25.

Minnesota Statutes 2020, section 174.30, subdivision 1, is amended to read:

Subdivision 1.

Applicability.

(a) The operating standards for special transportation
service adopted under this section do not apply to special transportation provided by:

(1) a public transit provider receiving financial assistance under sections 174.24 or
473.371 to 473.449;

(2) a volunteer driver new text begin , as defined in section 65B.472, subdivision 1, paragraph (h), new text end using
a private automobile;

(3) a school bus as defined in section 169.011, subdivision 71; or

(4) an emergency ambulance regulated under chapter 144.

(b) The operating standards adopted under this section only apply to providers of special
transportation service who receive grants or other financial assistance from either the state
or the federal government, or both, to provide or assist in providing that service; except that
the operating standards adopted under this section do not apply to any nursing home licensed
under section 144A.02, to any board and care facility licensed under section 144.50, or to
any day training and habilitation services, day care, or group home facility licensed under
sections 245A.01 to 245A.19 unless the facility or program provides transportation to
nonresidents on a regular basis and the facility receives reimbursement, other than per diem
payments, for that service under rules promulgated by the commissioner of human services.

(c) Notwithstanding paragraph (b), the operating standards adopted under this section
do not apply to any vendor of services licensed under chapter 245D that provides
transportation services to consumers or residents of other vendors licensed under chapter
245D and transports 15 or fewer persons, including consumers or residents and the driver.

Sec. 26.

Minnesota Statutes 2020, section 174.30, subdivision 10, is amended to read:

Subd. 10.

Background studies.

(a) Providers of special transportation service regulated
under this section must initiate background studies in accordance with chapter 245C on the
following individuals:

(1) each person with a direct or indirect ownership interest of five percent or higher in
the transportation service provider;

(2) each controlling individual as defined under section 245A.02;

(3) managerial officials as defined in section 245A.02;

(4) each driver employed by the transportation service provider;

(5) each individual employed by the transportation service provider to assist a passenger
during transport; and

(6) all employees of the transportation service agency who provide administrative support,
including those who:

(i) may have face-to-face contact with or access to passengers, their personal property,
or their private data;

(ii) perform any scheduling or dispatching tasks; or

(iii) perform any billing activities.

(b) The transportation service provider must initiate the background studies required
under paragraph (a) using the online NETStudy system operated by the commissioner of
human services.

(c) The transportation service provider shall not permit any individual to provide any
service or function listed in paragraph (a) until the transportation service provider has
received notification from the commissioner of human services indicating that the individual:

(1) is not disqualified under chapter 245C; or

(2) is disqualified, but has received a set-aside of that disqualification according to
sections 245C.22 and 245C.23 related to that transportation service provider.

(d) When a local or contracted agency is authorizing a ride under section 256B.0625,
subdivision 17, by a volunteer driver, new text begin as defined in section 65B.472, subdivision 1, paragraph
(h), new text end and the agency authorizing the ride has reason to believe the volunteer driver has a
history that would disqualify the individual or that may pose a risk to the health or safety
of passengers, the agency may initiate a background study to be completed according to
chapter 245C using the commissioner of human services' online NETStudy system, or
through contacting the Department of Human Services background study division for
assistance. The agency that initiates the background study under this paragraph shall be
responsible for providing the volunteer driver with the privacy notice required under section
245C.05, subdivision 2c, and payment for the background study required under section
245C.10, subdivision 11, before the background study is completed.

Sec. 27.

Minnesota Statutes 2020, section 221.031, subdivision 3b, is amended to read:

Subd. 3b.

Passenger transportation; exemptions.

(a) A person who transports
passengers for hire in intrastate commerce, who is not made subject to the rules adopted in
section 221.0314 by any other provision of this section, must comply with the rules for
hours of service of drivers while transporting employees of an employer who is directly or
indirectly paying the cost of the transportation.

(b) This subdivision does not apply to:

(1) a local transit commission;

(2) a transit authority created by law; or

(3) persons providing transportation:

(i) in a school bus as defined in section 169.011, subdivision 71;

(ii) in a Head Start bus as defined in section 169.011, subdivision 34;

(iii) in a commuter van;

(iv) in an authorized emergency vehicle as defined in section 169.011, subdivision 3;

(v) in special transportation service certified by the commissioner under section 174.30;

(vi) that is special transportation service as defined in section 174.29, subdivision 1,
when provided by a volunteer driver new text begin , as defined in section 65B.472, subdivision 1, paragraph
(h), new text end operating a private passenger vehicle as defined in section 169.011, subdivision 52;

(vii) in a limousine the service of which is licensed by the commissioner under section
221.84; or

(viii) in a taxicab, if the fare for the transportation is determined by a meter inside the
taxicab that measures the distance traveled and displays the fare accumulated.

Sec. 28.

Minnesota Statutes 2020, section 256B.0625, subdivision 17, is amended to read:

Subd. 17.

Transportation costs.

(a) "Nonemergency medical transportation service"
means motor vehicle transportation provided by a public or private person that serves
Minnesota health care program beneficiaries who do not require emergency ambulance
service, as defined in section 144E.001, subdivision 3, to obtain covered medical services.

(b) Medical assistance covers medical transportation costs incurred solely for obtaining
emergency medical care or transportation costs incurred by eligible persons in obtaining
emergency or nonemergency medical care when paid directly to an ambulance company,
nonemergency medical transportation company, or other recognized providers of
transportation services. Medical transportation must be provided by:

(1) nonemergency medical transportation providers who meet the requirements of this
subdivision;

(2) ambulances, as defined in section 144E.001, subdivision 2;

(3) taxicabs that meet the requirements of this subdivision;

(4) public transit, as defined in section 174.22, subdivision 7; or

(5) not-for-hire vehicles, including volunteer drivers new text begin , as defined in section 65B.472,
subdivision 1, paragraph (h) new text end .

(c) Medical assistance covers nonemergency medical transportation provided by
nonemergency medical transportation providers enrolled in the Minnesota health care
programs. All nonemergency medical transportation providers must comply with the
operating standards for special transportation service as defined in sections 174.29 to 174.30
and Minnesota Rules, chapter 8840, and all drivers must be individually enrolled with the
commissioner and reported on the claim as the individual who provided the service. All
nonemergency medical transportation providers shall bill for nonemergency medical
transportation services in accordance with Minnesota health care programs criteria. Publicly
operated transit systems, volunteers, and not-for-hire vehicles are exempt from the
requirements outlined in this paragraph.

(d) An organization may be terminated, denied, or suspended from enrollment if:

(1) the provider has not initiated background studies on the individuals specified in
section 174.30, subdivision 10, paragraph (a), clauses (1) to (3); or

(2) the provider has initiated background studies on the individuals specified in section
174.30, subdivision 10, paragraph (a), clauses (1) to (3), and:

(i) the commissioner has sent the provider a notice that the individual has been
disqualified under section 245C.14; and

(ii) the individual has not received a disqualification set-aside specific to the special
transportation services provider under sections 245C.22 and 245C.23.

(e) The administrative agency of nonemergency medical transportation must:

(1) adhere to the policies defined by the commissioner in consultation with the
Nonemergency Medical Transportation Advisory Committee;

(2) pay nonemergency medical transportation providers for services provided to
Minnesota health care programs beneficiaries to obtain covered medical services;

(3) provide data monthly to the commissioner on appeals, complaints, no-shows, canceled
trips, and number of trips by mode; and

(4) by July 1, 2016, in accordance with subdivision 18e, utilize a web-based single
administrative structure assessment tool that meets the technical requirements established
by the commissioner, reconciles trip information with claims being submitted by providers,
and ensures prompt payment for nonemergency medical transportation services.

(f) Until the commissioner implements the single administrative structure and delivery
system under subdivision 18e, clients shall obtain their level-of-service certificate from the
commissioner or an entity approved by the commissioner that does not dispatch rides for
clients using modes of transportation under paragraph (i), clauses (4), (5), (6), and (7).

(g) The commissioner may use an order by the recipient's attending physician, advanced
practice registered nurse, or a medical or mental health professional to certify that the
recipient requires nonemergency medical transportation services. Nonemergency medical
transportation providers shall perform driver-assisted services for eligible individuals, when
appropriate. Driver-assisted service includes passenger pickup at and return to the individual's
residence or place of business, assistance with admittance of the individual to the medical
facility, and assistance in passenger securement or in securing of wheelchairs, child seats,
or stretchers in the vehicle.

Nonemergency medical transportation providers must take clients to the health care
provider using the most direct route, and must not exceed 30 miles for a trip to a primary
care provider or 60 miles for a trip to a specialty care provider, unless the client receives
authorization from the local agency.

Nonemergency medical transportation providers may not bill for separate base rates for
the continuation of a trip beyond the original destination. Nonemergency medical
transportation providers must maintain trip logs, which include pickup and drop-off times,
signed by the medical provider or client, whichever is deemed most appropriate, attesting
to mileage traveled to obtain covered medical services. Clients requesting client mileage
reimbursement must sign the trip log attesting mileage traveled to obtain covered medical
services.

(h) The administrative agency shall use the level of service process established by the
commissioner in consultation with the Nonemergency Medical Transportation Advisory
Committee to determine the client's most appropriate mode of transportation. If public transit
or a certified transportation provider is not available to provide the appropriate service mode
for the client, the client may receive a onetime service upgrade.

(i) The covered modes of transportation are:

(1) client reimbursement, which includes client mileage reimbursement provided to
clients who have their own transportation, or to family or an acquaintance who provides
transportation to the client;

(2) volunteer transport, which includes transportation by volunteers using their own
vehicle;

(3) unassisted transport, which includes transportation provided to a client by a taxicab
or public transit. If a taxicab or public transit is not available, the client can receive
transportation from another nonemergency medical transportation provider;

(4) assisted transport, which includes transport provided to clients who require assistance
by a nonemergency medical transportation provider;

(5) lift-equipped/ramp transport, which includes transport provided to a client who is
dependent on a device and requires a nonemergency medical transportation provider with
a vehicle containing a lift or ramp;

(6) protected transport, which includes transport provided to a client who has received
a prescreening that has deemed other forms of transportation inappropriate and who requires
a provider: (i) with a protected vehicle that is not an ambulance or police car and has safety
locks, a video recorder, and a transparent thermoplastic partition between the passenger and
the vehicle driver; and (ii) who is certified as a protected transport provider; and

(7) stretcher transport, which includes transport for a client in a prone or supine position
and requires a nonemergency medical transportation provider with a vehicle that can transport
a client in a prone or supine position.

(j) The local agency shall be the single administrative agency and shall administer and
reimburse for modes defined in paragraph (i) according to paragraphs (m) and (n) when the
commissioner has developed, made available, and funded the web-based single administrative
structure, assessment tool, and level of need assessment under subdivision 18e. The local
agency's financial obligation is limited to funds provided by the state or federal government.

(k) The commissioner shall:

(1) in consultation with the Nonemergency Medical Transportation Advisory Committee,
verify that the mode and use of nonemergency medical transportation is appropriate;

(2) verify that the client is going to an approved medical appointment; and

(3) investigate all complaints and appeals.

(l) The administrative agency shall pay for the services provided in this subdivision and
seek reimbursement from the commissioner, if appropriate. As vendors of medical care,
local agencies are subject to the provisions in section 256B.041, the sanctions and monetary
recovery actions in section 256B.064, and Minnesota Rules, parts 9505.2160 to 9505.2245.

(m) Payments for nonemergency medical transportation must be paid based on the client's
assessed mode under paragraph (h), not the type of vehicle used to provide the service. The
medical assistance reimbursement rates for nonemergency medical transportation services
that are payable by or on behalf of the commissioner for nonemergency medical
transportation services are:

(1) $0.22 per mile for client reimbursement;

(2) up to 100 percent of the Internal Revenue Service business deduction rate for volunteer
transport;

(3) equivalent to the standard fare for unassisted transport when provided by public
transit, and $11 for the base rate and $1.30 per mile when provided by a nonemergency
medical transportation provider;

(4) $13 for the base rate and $1.30 per mile for assisted transport;

(5) $18 for the base rate and $1.55 per mile for lift-equipped/ramp transport;

(6) $75 for the base rate and $2.40 per mile for protected transport; and

(7) $60 for the base rate and $2.40 per mile for stretcher transport, and $9 per trip for
an additional attendant if deemed medically necessary.

(n) The base rate for nonemergency medical transportation services in areas defined
under RUCA to be super rural is equal to 111.3 percent of the respective base rate in
paragraph (m), clauses (1) to (7). The mileage rate for nonemergency medical transportation
services in areas defined under RUCA to be rural or super rural areas is:

(1) for a trip equal to 17 miles or less, equal to 125 percent of the respective mileage
rate in paragraph (m), clauses (1) to (7); and

(2) for a trip between 18 and 50 miles, equal to 112.5 percent of the respective mileage
rate in paragraph (m), clauses (1) to (7).

(o) For purposes of reimbursement rates for nonemergency medical transportation
services under paragraphs (m) and (n), the zip code of the recipient's place of residence
shall determine whether the urban, rural, or super rural reimbursement rate applies.

(p) For purposes of this subdivision, "rural urban commuting area" or "RUCA" means
a census-tract based classification system under which a geographical area is determined
to be urban, rural, or super rural.

(q) The commissioner, when determining reimbursement rates for nonemergency medical
transportation under paragraphs (m) and (n), shall exempt all modes of transportation listed
under paragraph (i) from Minnesota Rules, part 9505.0445, item R, subitem (2).

Sec. 29.

Minnesota Statutes 2020, section 325E.21, is amended by adding a subdivision
to read:

new text begin Subd. 2b. new text end

new text begin Purchase of catalytic converters. new text end

new text begin (a) Any person who purchases or receives
a catalytic converter must comply with this section.
new text end

new text begin (b) Every scrap metal dealer, including an agent, employee, or representative of the
dealer, must create a permanent record, written in English and using an electronic record
program, at the time of each catalytic converter purchase or acquisition. The record must
include:
new text end

new text begin (1) the vehicle identification number of the vehicle from which the catalytic converter
was removed; and
new text end

new text begin (2) the name of the person who removed the catalytic converter.
new text end

new text begin (c) A scrap metal dealer must make the information under paragraph (b) available for
examination by a law enforcement agency or a person who has reported theft of a catalytic
converter.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 30.

Minnesota Statutes 2020, section 325E.21, is amended by adding a subdivision
to read:

new text begin Subd. 2c. new text end

new text begin Catalytic converter theft prevention pilot project. new text end

new text begin (a) The catalytic converter
theft prevention pilot project is created to deter the theft of catalytic converters by marking
catalytic converters with vehicle identification numbers or other unique identifiers.
new text end

new text begin (b) The commissioner must establish a procedure to mark the catalytic converters of
vehicles most likely to be targeted for theft with unique identification numbers using labels,
engraving, theft deterrence paint, or other methods that permanently mark the catalytic
converter without damaging the catalytic converter's function.
new text end

new text begin (c) The commissioner must work with law enforcement agencies, insurance companies,
and scrap metal dealers to (1) identify vehicles that are most frequently targeted for catalytic
converter theft, and (2) establish the most effective methods for marking catalytic converters.
new text end

new text begin (d) Materials purchased under this program may be distributed to dealers, as defined in
section 168.002, subdivision 6, automobile repair shops and service centers, law enforcement
agencies, and community organizations to arrange the catalytic converters of vehicles most
likely to be targeted for theft to be marked at no cost to the vehicle owners.
new text end

new text begin (e) The commissioner may prioritize distribution of materials to areas experiencing the
highest rates of catalytic converter theft.
new text end

new text begin (f) The commissioner must make educational information resulting form the pilot program
available to law enforcement agencies and scrap metal dealers, and is encouraged to publicize
the program to the general public.
new text end

new text begin (g) The commissioner must include a report on the pilot project in the report required
under section 65B.84, subdivision 2. The report must describe the progress, results, and any
findings of the pilot project including the total number of catalytic converters marked under
the program, and, to the extent known, whether any catalytic converters marked under the
pilot project were stolen and the outcome of any criminal investigation into the thefts.
new text end

Sec. 31.

new text begin [325E.80] ABNORMAL MARKET DISRUPTIONS; UNCONSCIONABLY
EXCESSIVE PRICES.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the terms in this subdivision
have the meanings given.
new text end

new text begin (b) "Abnormal market disruption" means a change in the market resulting from a natural
or man-made disaster, a national or local emergency, a public health emergency, or an event
resulting in a declaration of a state of emergency by the governor; and occurs when
specifically declared by the governor. The governor's declaration of an abnormal market
disruption must note the geographic area to which this section applies. An abnormal market
disruption terminates no later than 30 days after the end of the state of emergency for which
the abnormal market disruption was activated.
new text end

new text begin (c) "Essential consumer good or service" means a good or service vital and necessary
for the health, safety, and welfare of the public, including without limitation: food; water;
fuel; gasoline; shelter; transportation; health care services; pharmaceuticals; and medical,
personal hygiene, sanitation, and cleaning supplies.
new text end

new text begin (d) "Seller" means a manufacturer, supplier, wholesaler, distributor, or retail seller of
goods or services.
new text end

new text begin (e) "Unconscionably excessive" means there is a gross disparity between the seller's
price of a good or service offered for sale or sold in the usual course of business during the
30 days immediately prior to the governor's declaration of an abnormal market disruption
and the seller's price of the same or similar good or service after the governor's declaration
of an abnormal market disruption, and the gross disparity is not substantially related to an
increase in the cost of obtaining or selling the good or of providing the service. A gross
disparity between the price of a good or service does not occur when the amount charged
after the abnormal market disruption increased the price 30 percent or less.
new text end

new text begin Subd. 2. new text end

new text begin Prohibition. new text end

new text begin If the governor declares an abnormal market disruption a person
is prohibited from selling or offering to sell an essential consumer good or service for an
amount that represents an unconscionably excessive price.
new text end

new text begin Subd. 3. new text end

new text begin Civil penalty. new text end

new text begin A person who is found to have violated this section is subject
to a civil penalty of not more than $1,000 per sale or transaction, with a maximum penalty
of $10,000 per day.
new text end

new text begin Subd. 4. new text end

new text begin Enforcement authority. new text end

new text begin The attorney general may investigate an alleged
violation of this section. The authority of the attorney general under this section includes
but is not limited to the authority provided under section 8.31.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 32.

Minnesota Statutes 2020, section 325F.171, is amended by adding a subdivision
to read:

new text begin Subd. 5. new text end

new text begin Enforcement. new text end

new text begin This section may be enforced as provided under sections 325F.10
to 325F.12, 325F.14 to 325F.16, and 45.027, subdivisions 1 to 6. The commissioner may
coordinate with the commissioner of the Pollution Control Agency and the commissioner
of health to enforce this section.
new text end

Sec. 33.

Minnesota Statutes 2020, section 325F.172, is amended by adding a subdivision
to read:

new text begin Subd. 4. new text end

new text begin Enforcement. new text end

new text begin Sections 325F.173 to 325F.175 may be enforced as provided
under sections 325F.10 to 325F.12, 325F.14 to 325F.16, and 45.027, subdivisions 1 to 6.
The commissioner may coordinate with the commissioner of the Pollution Control Agency
and the commissioner of health to enforce this section.
new text end

Sec. 34.

new text begin [325F.179] ENFORCEMENT.
new text end

new text begin Sections 325F.177 and 325F.178 may be enforced as provided under sections 325F.10
to 325F.12, 325F.14 to 325F.16, and 45.027, subdivisions 1 to 6. The commissioner may
coordinate with the commissioner of the Pollution Control Agency and the commissioner
of health to enforce this section.
new text end

Sec. 35.

Minnesota Statutes 2020, section 514.972, subdivision 4, is amended to read:

Subd. 4.

Denial of access.

Upon default, the owner shall mail notice of default as provided
under section 514.974. The owner may deny the occupant access to the personal property
contained in the self-service storage facility after default, service of the notice of default,
expiration of the date stated for denial of access, and application of any security deposit to
unpaid rent. deleted text begin The notice of default must state the date that the occupant will be denied access
to the occupant's personal property in the self-service storage facility and that access will
be denied until the owner's claim has been satisfied. The notice of default must state that
any dispute regarding denial of access can be raised by the occupant beginning legal action
in court. Notice of default must further state the rights of the occupant contained in
subdivision 5.
deleted text end

Sec. 36.

Minnesota Statutes 2020, section 514.972, subdivision 5, is amended to read:

Subd. 5.

Access to certain items.

deleted text begin The occupant may remove from the self-service storage
facility personal papers, health aids, personal clothing of the occupant and the occupant's
dependents, and personal property that is necessary for the livelihood of the occupant, that
has a market value of less than $50 per item, if demand is made to any of the persons listed
in section 514.976, subdivision 1. The occupant shall present a list of the items, and may
remove them during the facility's ordinary business hours prior to the sale authorized by
section 514.973. If the owner unjustifiably denies the occupant access for the purpose of
removing the items specified in this subdivision, the occupant is entitled to an order allowing
access to the storage unit for removal of the specified items. The self-service storage facility
is liable to the occupant for the costs, disbursements and attorney fees expended by the
occupant to obtain this order. deleted text end new text begin (a) Any occupant may remove from the self-storage facility
personal papers and health aids upon demand made to any of the persons listed in section
514.976, subdivision 1.
new text end

new text begin (b) An occupant who provides documentation from a government or nonprofit agency
or legal aid office that the occupant is a recipient of relief based on need, is eligible for legal
aid services, or is a survivor of domestic violence or sexual assault may remove, in addition
to the items provided in paragraph (a), personal clothing of the occupant and the occupant's
dependents and tools of the trade that are necessary for the livelihood of the occupant that
has a market value not to exceed $125 per item.
new text end

new text begin (c) The occupant shall present a list of the items and may remove the items during the
facility's ordinary business hours prior to the sale authorized by section 514.973. If the
owner unjustifiably denies the occupant access for the purpose of removing the items
specified in this subdivision, the occupant is entitled to request relief from the court for an
order allowing access to the storage space for removal of the specified items. The self-service
storage facility is liable to the occupant for the costs, disbursements, and attorney fees
expended by the occupant to obtain this order.
new text end

new text begin (d) For the purposes of this subdivision, "relief based on need" includes but is not limited
to receipt of a benefit from the Minnesota family investment program and diversionary
work program, medical assistance, general assistance, emergency general assistance,
Minnesota supplemental aid, Minnesota supplemental aid housing assistance, MinnesotaCare,
Supplemental Security Income, energy assistance, emergency assistance, Supplemental
Nutrition Assistance Program benefits, earned income tax credit, or Minnesota working
family tax credit. Relief based on need can also be proven by providing documentation from
a legal aid organization that the individual is receiving legal aid assistance, or by providing
documentation from a government agency, nonprofit, or housing assistance program that
the individual is receiving assistance due to domestic violence or sexual assault.
new text end

Sec. 37.

Minnesota Statutes 2020, section 514.973, subdivision 3, is amended to read:

Subd. 3.

Contents of notice.

The notice must include:

(1) a statement of the amount owed for rent and other charges and demand for payment
within a specified time not less than 14 days after delivery of the notice;

(2) pursuant to section 514.972, subdivision 4, a notice of denial of access to the storage
space, if this denial is permitted under the terms of the rental agreement;

new text begin (3) the date that the occupant will be denied access to the occupant's personal property
in the self-service storage facility;
new text end

new text begin (4) a statement that access will be denied until the owner's claim has been satisfied;
new text end

new text begin (5) a statement that any dispute regarding denial of access can be raised by an occupant
beginning legal action in court;
new text end

deleted text begin (3) deleted text end new text begin (6) new text end the name, street address, and telephone number of the owner, or of the owner's
designated agent, whom the occupant may contact to respond to the notice;

deleted text begin (4) deleted text end new text begin (7) new text end a conspicuous statement that unless the claim is paid within the time stated in
the notice, the personal property will be advertised for sale. The notice must specify the
time and place of the sale; and

deleted text begin (5) deleted text end new text begin (8) new text end a conspicuous statement of the items that the occupant may remove without
charge pursuant to section 514.972, subdivision 5, if the occupant is denied general access
to the storage space.

Sec. 38.

Minnesota Statutes 2020, section 514.973, subdivision 4, is amended to read:

Subd. 4.

Sale of property.

(a) A sale of personal property may take place no sooner
than 45 days after default or, if the personal property is a motor vehicle or watercraft, no
sooner than 60 days after default.

(b) After the expiration of the time given in the notice, the sale must be published once
a week for two weeks consecutively in a newspaper of general circulation where the sale
is to be held. The sale may take place no sooner than 15 days after the first publication. If
the lien is satisfied before the second publication occurs, the second publication is waived.
If there is no qualified newspaper under chapter 331A where the sale is to be held, the
advertisement may be posted on an independent, publicly accessible website that advertises
self-storage lien sales or public notices. The advertisement must include a new text begin general new text end description
of the goods, the name of the person on whose account the goods are being held, and the
time and place of the sale.

(c) A sale of the personal property must conform to the terms of the notification.

(d) A sale of the personal property must be public and must be either:

(1) held via an online auction; or

(2) held at the storage facility, or at the nearest suitable place at which the personal
property is held or stored.

Owners shall require all bidders, including online bidders, to register and agree to the rules
of the sale.

(e) The sale must be conducted in a commercially reasonable manner. A sale is
commercially reasonable if the property is sold in conformity with the practices among
dealers in the property sold or sellers of similar distressed property sales.

Sec. 39.

Minnesota Statutes 2020, section 514.974, is amended to read:

514.974 ADDITIONAL NOTIFICATION REQUIREMENT.

deleted text begin Notification of the proposed sale of personal property must include a notice of denial
of access to the personal property until the owner's claim has been satisfied. deleted text end Any notice the
owner is required to mail to the occupant under sections 514.970 to 514.979 shall be sent
to:

(1) the e-mail address, if consented to by the occupant, as provided in section 514.973,
subdivision 2;

(2) the mailing address and any alternate mailing address provided by the occupant in
the rental agreement; or

(3) the last known mailing address of the occupant, if the last known mailing address
differs from the mailing address listed by the occupant in the rental agreement and the owner
has reason to believe that the last known mailing address is more current.

Sec. 40.

Minnesota Statutes 2020, section 514.977, is amended to read:

514.977 deleted text begin DEFAULT deleted text end new text begin ADDITIONAL REMEDIES new text end .

new text begin Subdivision 1. new text end

new text begin Default; breach of rental agreement. new text end

If an occupant defaults in the
payment of rent new text begin for the storage space new text end or otherwise breaches the rental agreement, the owner
may commence an deleted text begin eviction deleted text end action deleted text begin under chapter 504B deleted text end new text begin to terminate the rental agreement,
recover possession of the storage space, remove the occupant, and dispose of the stored
personal property new text end . new text begin The action shall be conducted in accordance with the Minnesota Rules
of Civil Procedure, except as provided in this section.
new text end

new text begin Subd. 2. new text end

new text begin Service of summons. new text end

new text begin The summons must be served at least seven days before
the date of the court appearance as provided in subdivision 3.
new text end

new text begin Subd. 3. new text end

new text begin Appearance. new text end

new text begin Except as provided in subdivision 4, in an action filed under this
section the appearance shall be not less than seven or more than 14 days from the day of
issuing the summons.
new text end

new text begin Subd. 4. new text end

new text begin Expedited hearing. new text end

new text begin If the owner files a motion and affidavit stating specific
facts and instances in support of an allegation that the occupant is causing a nuisance or
engaging in illegal or other behavior that seriously endangers the safety of others, others'
property, or the storage facility's property, the appearance shall be not less than three days
nor more than seven days from the date the summons is issued. The summons in an expedited
hearing shall be served upon the occupant within 24 hours of issuance unless the court
orders otherwise for good cause shown.
new text end

new text begin Subd. 5. new text end

new text begin Answer; trial; continuance. new text end

new text begin At the court appearance specified in the summons,
the defendant may answer the complaint, and the court shall hear and decide the action,
unless it grants a continuance of the trial, which may be for no longer than six days, unless
all parties consent to longer continuance.
new text end

new text begin Subd. 6. new text end

new text begin Counterclaims. new text end

new text begin The occupant is prohibited from bringing counterclaims in the
action that are unrelated to the possession of the storage space. Nothing in this section
prevents the occupant from bringing the claim in a separate action.
new text end

new text begin Subd. 7. new text end

new text begin Judgment; writ. new text end

new text begin Judgment in matters adjudicated under this section shall be
in accordance with section 504B.345, paragraph (a). Execution of a writ issued under this
section shall be in accordance with section 504B.365, paragraph (a).
new text end

Sec. 41.

new text begin THIRD-PARTY FOOD DELIVERY FEES; LIMITATION.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the terms defined in this
subdivision have the meanings given.
new text end

new text begin (b) "Delivery fee" means a fee charged by a third-party food delivery service to a food
and beverage establishment for a service that delivers food or beverages from the
establishment to customers. Delivery fee does not include (1) any other fee that may be
charged by a third-party food delivery service to a food and beverage establishment, including
but not limited to fees for marketing, listing, or advertising the food and beverage
establishment on the third-party food delivery service platform, or (2) fees related to
processing an online order.
new text end

new text begin (c) "Food and beverage establishment" or "establishment" means a retail business that
sells prepared food or beverages to the public.
new text end

new text begin (d) "Online order" means an order, including a telephone order, placed by a customer
through or with the assistance of a platform provided by a third-party food delivery service.
new text end

new text begin (e) "Purchase price" means the total price of the items contained in an online order that
are listed on the menu of the food and beverage establishment where the order is placed.
Purchase price does not include taxes, gratuities, or other fees that may make up the total
cost of a customer's online order.
new text end

new text begin (f) "Third-party food delivery service" means a platform offered through an
online-enabled application, software, website, or other Internet service that offers or arranges
for the sale of food and beverages prepared by, delivered by, or picked up from a food and
beverage establishment.
new text end

new text begin Subd. 2. new text end

new text begin Limitation on food delivery fees. new text end

new text begin (a) A third-party food delivery service is
prohibited from:
new text end

new text begin (1) charging a food and beverage establishment a delivery fee that totals more than ten
percent of an online order's purchase price;
new text end

new text begin (2) charging a food and beverage establishment any fee, other than the delivery fee
described in clause (1), to use the third-party delivery service that totals more than five
percent of an online order's purchase price;
new text end

new text begin (3) charging a customer a purchase price that is higher than the price set by the food and
beverage establishment or, if no price is set by the food and beverage establishment, the
price listed on the establishment's menu; or
new text end

new text begin (4) reducing the compensation rates paid to third-party food delivery service drivers as
a result of the limitations on fees instituted by this section.
new text end

new text begin (b) A food and beverage establishment may choose, but a third-party food delivery
service is prohibited from requiring, an exemption for marketing or advertising the food
and beverage establishment on the third-party food delivery service platform from the
limitations in paragraph (a).
new text end

new text begin Subd. 3. new text end

new text begin Enforcement by attorney general. new text end

new text begin (a) The attorney general must enforce this
section under Minnesota Statutes, section 8.31.
new text end

new text begin (b) In addition to the remedies otherwise provided by law, a person injured by a violation
of subdivision 2 may bring a civil action and recover damages, together with costs and
disbursements, including costs of investigation and reasonable attorney fees, and receive
other equitable relief as determined by the court.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment and
expires 60 days after the peacetime emergency declared by the governor in an executive
order that relates to the infectious disease known as COVID-19 is terminated or rescinded.
new text end

ARTICLE 5

COLLECTION AGENCIES AND DEBT BUYERS

Section 1.

Minnesota Statutes 2020, section 332.31, subdivision 3, is amended to read:

Subd. 3.

Collection agency.

"Collection agency" new text begin or "licensee" new text end means deleted text begin and includes any deleted text end new text begin
(1) a new text end person engaged in the business of collection for others any account, bill new text begin , new text end or other
indebtedness new text begin , new text end except as hereinafter provided new text begin ; or (2) a debt buyer new text end . It includes persons who
furnish collection systems carrying a name which simulates the name of a collection agency
and who supply forms or form letters to be used by the creditor, even though such forms
direct the debtor to make payments directly to the creditor rather than to such fictitious
agency.

Sec. 2.

Minnesota Statutes 2020, section 332.31, subdivision 6, is amended to read:

Subd. 6.

Collector.

"Collector" is a person acting under the authority of a collection
agency under subdivision 3 new text begin or a debt buyer under subdivision 8 new text end , and on its behalf in the
business of collection for deleted text begin others deleted text end an account, bill, or other indebtedness except as otherwise
provided in this chapter.

Sec. 3.

Minnesota Statutes 2020, section 332.31, is amended by adding a subdivision to
read:

new text begin Subd. 8. new text end

new text begin Debt buyer. new text end

new text begin "Debt buyer" means a business engaged in the purchase of any
charged-off account, bill, or other indebtedness for collection purposes, whether the business
collects the account, bill, or other indebtedness, hires a third party for collection, or hires
an attorney for litigation related to the collection.
new text end

Sec. 4.

Minnesota Statutes 2020, section 332.31, is amended by adding a subdivision to
read:

new text begin Subd. 9. new text end

new text begin Affiliated company. new text end

new text begin "Affiliated company" means a company that: (1) directly
or indirectly controls, is controlled by, or is under common control with another company
or companies; (2) has the same executive management team or owner that exerts control
over the business operations of the company; (3) maintains a uniform network of corporate
and compliance policies and procedures; and (4) does not engage in active collection of
debts.
new text end

Sec. 5.

Minnesota Statutes 2020, section 332.311, is amended to read:

332.311 TRANSFER OF ADMINISTRATIVE FUNCTIONS.

The powers, duties, and responsibilities of the consumer services section under sections
332.31 to 332.44 relating to collection agencies new text begin and debt buyers new text end are hereby transferred to
and imposed upon the commissioner of commerce.

Sec. 6.

Minnesota Statutes 2020, section 332.32, is amended to read:

332.32 EXCLUSIONS.

(a) The term "collection agency" deleted text begin shall deleted text end new text begin does new text end not include deleted text begin persons whose collection activities
are confined to and are directly related to the operation of a business other than that of a
collection agency such as, but not limited to deleted text end banks when collecting accounts owed to the
banks and when the bank will sustain any loss arising from uncollectible accounts, abstract
companies doing an escrow business, real estate brokers, public officers, persons acting
under order of a court, lawyers, trust companies, insurance companies, credit unions, savings
associations, loan or finance companies unless they are engaged in asserting, enforcing or
prosecuting unsecured claims which have been purchased from any person, firm, or
association when there is recourse to the seller for all or part of the claim if the claim is not
collected.

(b) The term "collection agency" shall not include a trade association performing services
authorized by section 604.15, subdivision 4a, but the trade association in performing the
services may not engage in any conduct that would be prohibited for a collection agency
under section 332.37.

Sec. 7.

Minnesota Statutes 2020, section 332.33, subdivision 1, is amended to read:

Subdivision 1.

Requirement.

Except as otherwise provided in this chapter, no person
shall conduct deleted text begin within this state a collection agency or engage within this state in the business
of collecting claims for others deleted text end new text begin business in Minnesota as a collection agency or debt buyer, new text end
as defined in sections 332.31 to 332.44, without having first applied for and obtained a
collection agency license. A person acting under the authority of a collection agency, new text begin debt
buyer, or new text end as a collector deleted text begin , deleted text end must first register with the commissioner under this section. A
registered collector may use one additional assumed name only if the assumed name is
registered with and approved by the commissioner. new text begin A business that operates as a debt buyer
must submit a completed license application no later than January 1, 2022. A debt buyer
who has filed an application with the commissioner for a collection agency license prior to
January 1, 2022, and whose application remains pending with the commissioner thereafter,
may continue to operate without a license until the commissioner approves or denies the
application.
new text end

Sec. 8.

Minnesota Statutes 2020, section 332.33, subdivision 2, is amended to read:

Subd. 2.

Penalty.

A person who carries on business as a collection agency new text begin or debt buyer new text end
without first having obtained a license or acts as a collector without first having registered
with the commissioner pursuant to sections 332.31 to 332.44, or who carries on this business
after the revocation, suspension, or expiration of a license or registration is guilty of a
misdemeanor.

Sec. 9.

Minnesota Statutes 2020, section 332.33, subdivision 5, is amended to read:

Subd. 5.

deleted text begin Collection agency deleted text end License rejection.

On finding that an applicant for a
deleted text begin collection agency deleted text end license is not qualified under sections 332.31 to 332.44, the commissioner
shall reject the application and shall give the applicant written notice of the rejection and
the reasons for the rejection.

Sec. 10.

Minnesota Statutes 2020, section 332.33, subdivision 5a, is amended to read:

Subd. 5a.

Individual collector registration.

A deleted text begin licensed collection agency deleted text end new text begin licensee new text end , on
behalf of an individual collector, must register with the state all individuals in the deleted text begin collection
agency's deleted text end new text begin licensee's new text end employ who are performing the duties of a collector as defined in sections
332.31 to 332.44. The deleted text begin collection agency deleted text end new text begin licensee new text end must apply for an individual collection
registration in a form prescribed by the commissioner. The deleted text begin collection agency deleted text end new text begin licensee new text end shall
verify on the form that the applicant has confirmed that the applicant meets the requirements
to perform the duties of a collector as defined in sections 332.31 to 332.44. Upon submission
of the application to the department, the individual may begin to perform the duties of a
collector and may continue to do so unless the deleted text begin licensed collection agency deleted text end new text begin licensee new text end is informed
by the commissioner that the individual is ineligible.

Sec. 11.

Minnesota Statutes 2020, section 332.33, subdivision 7, is amended to read:

Subd. 7.

Changes; notice to commissioner.

(a) A deleted text begin licensed collection agency deleted text end new text begin licensee new text end
must give the commissioner written notice of a change in company name, address, or
ownership not later than ten days after the change occurs. A registered individual collector
must give written notice of a change of address, name, or assumed name no later than ten
days after the change occurs.

(b) Upon the death of any deleted text begin collection agency deleted text end licensee, the license of the decedent may
be transferred to the executor or administrator of the estate for the unexpired term of the
license. The executor or administrator may be authorized to continue or discontinue the
collection business of the decedent under the direction of the court having jurisdiction of
the probate.

Sec. 12.

Minnesota Statutes 2020, section 332.33, subdivision 8, is amended to read:

Subd. 8.

Screening process requirement.

(a) Each deleted text begin licensed collection agency deleted text end new text begin licensee new text end
must establish procedures to follow when screening an individual collector applicant prior
to submitting an applicant to the commissioner for initial registration and at renewal.

(b) The screening process for initial registration must be done at the time of hiring. The
process must include a national criminal history record search, an attorney licensing search,
and a county criminal history search for all counties where the applicant has resided within
the five years immediately preceding the initial registration, to determine whether the
applicant is eligible to be registered under section 332.35. Each deleted text begin licensed collection agency deleted text end new text begin
licensee new text end shall use a vendor that is a member of the National Association of Professional
Background Screeners, or an equivalent vendor, to conduct this background screening
process.

(c) Screening for renewal of individual collector registration must include a national
criminal history record search and a county criminal history search for all counties where
the individual has resided during the immediate preceding year. Screening for renewal of
individual collector registrations must take place no more than 60 days before the license
expiration or renewal date. A renewal screening is not required if an individual collector
has been subjected to an initial background screening within 12 months of the first registration
renewal date. A renewal screening is required for all subsequent annual registration renewals.

(d) The commissioner may review the procedures to ensure the integrity of the screening
process. Failure by a deleted text begin licensed collection agency deleted text end new text begin licensee new text end to establish these procedures is
subject to action under section 332.40.

Sec. 13.

Minnesota Statutes 2020, section 332.33, is amended by adding a subdivision to
read:

new text begin Subd. 9. new text end

new text begin Affiliated companies. new text end

new text begin The commissioner must permit affiliated companies to
operate under a single license and be subject to a single examination, provided that all of
the affiliated company names are listed on the license.
new text end

Sec. 14.

Minnesota Statutes 2020, section 332.34, is amended to read:

332.34 BOND.

The commissioner of commerce shall require each deleted text begin collection agency deleted text end licensee to file and
maintain in force a corporate surety bond, in a form to be prescribed by, and acceptable to,
the commissioner, and in a sum of at least $50,000 plus an additional $5,000 for each
$100,000 received by the collection agency from debtors located in Minnesota during the
previous calendar year, less commissions earned by the collection agency on those collections
for the previous calendar year. The total amount of the bond shall not exceed $100,000. A
deleted text begin collection agency deleted text end new text begin licensee new text end may deposit cash in and with a depository acceptable to the
commissioner in an amount and in the manner prescribed and approved by the commissioner
in lieu of a bond.

Sec. 15.

Minnesota Statutes 2020, section 332.345, is amended to read:

332.345 SEGREGATED ACCOUNTS.

A payment collected by a collector or collection agency on behalf of a customer shall
be held by the collector or collection agency in a separate trust account clearly designated
for customer funds. The account must be in a bank or other depository institution authorized
or chartered under the laws of any state or of the United States. new text begin This section does not apply
to a debt buyer, except to the extent the debt buyer engages in third-party debt collection
for others.
new text end

Sec. 16.

Minnesota Statutes 2020, section 332.355, is amended to read:

332.355 AGENCY RESPONSIBILITY FOR COLLECTORS.

The commissioner may take action against a deleted text begin collection agency deleted text end new text begin licensee new text end for any violations
of debt collection laws by its debt collectors. The commissioner may also take action against
the debt collectors themselves for these same violations.

Sec. 17.

Minnesota Statutes 2020, section 332.37, is amended to read:

332.37 PROHIBITED PRACTICES.

new text begin (a) new text end No collection agency new text begin , debt buyer, new text end or collector shall:

(1) in collection letters or publications, or in any communication, oral or written threaten
wage garnishment or legal suit by a particular lawyer, unless it has actually retained the
lawyer;

(2) use or employ sheriffs or any other officer authorized to serve legal papers in
connection with the collection of a claim, except when performing their legally authorized
duties;

(3) use or threaten to use methods of collection which violate Minnesota law;

(4) furnish legal advice or otherwise engage in the practice of law or represent that it is
competent to do so;

(5) communicate with debtors in a misleading or deceptive manner by using the stationery
of a lawyer, forms or instruments which only lawyers are authorized to prepare, or
instruments which simulate the form and appearance of judicial process;

(6) exercise authority on behalf of a deleted text begin creditor deleted text end new text begin client new text end to employ the services of lawyers
unless the deleted text begin creditor deleted text end new text begin client new text end has specifically authorized the agency in writing to do so and the
agency's course of conduct is at all times consistent with a true relationship of attorney and
client between the lawyer and the deleted text begin creditor deleted text end new text begin client new text end ;

(7) publish or cause to be published any list of debtors except for credit reporting
purposes, use shame cards or shame automobiles, advertise or threaten to advertise for sale
any claim as a means of forcing payment thereof, or use similar devices or methods of
intimidation;

(8) refuse to return any claim or claims and all valuable papers deposited with a claim
or claims upon written request of the deleted text begin creditor deleted text end new text begin client new text end , claimant or forwarder after tender of
the amounts due and owing to deleted text begin the deleted text end new text begin a collection new text end agency within 30 days after the request;
refuse or intentionally fail to account to its clients for all money collected within 30 days
from the last day of the month in which the same is collected; or, refuse or fail to furnish
at intervals of not less than 90 days upon written request of the claimant or forwarder, a
written report upon claims received from the claimant or forwarder;

(9) operate under a name or in a manner which implies that the new text begin collection new text end agency new text begin or debt
buyer new text end is a branch of or associated with any department of federal, state, county or local
government or an agency thereof;

(10) commingle money collected for a customer with the new text begin collection new text end agency's operating
funds or use any part of a customer's money in the conduct of the new text begin collection new text end agency's
business;

(11) transact business or hold itself out as a debt deleted text begin prorater deleted text end new text begin settlement company, debt
management company new text end , debt adjuster, or any person who settles, adjusts, prorates, pools,
liquidates or pays the indebtedness of a debtor, unless there is no charge to the debtor, or
the pooling or liquidation is done pursuant to court order or under the supervision of a
creditor's committee;

(12) violate any of the provisions of the Fair Debt Collection Practices Act of 1977,
Public Law 95-109, while attempting to collect on any account, bill or other indebtedness;

(13) communicate with a debtor by use of a recorded message utilizing an automatic
dialing announcing device deleted text begin unless the recorded message is immediately preceded by a live
operator who discloses prior to the message the name of the collection agency and the fact
the message intends to solicit payment and the operator obtains the consent of the debtor
to hearing the message deleted text end new text begin after the debtor expressly informs the agency or collector to cease
communication utilizing an automatic dialing announcing device new text end ;

(14) in collection letters or publications, or in any communication, oral or written, imply
or suggest that health care services will be withheld in an emergency situation;

(15) when a debtor has a listed telephone number, enlist the aid of a neighbor or third
party to request that the debtor contact the licensee or collector, except a person who resides
with the debtor or a third party with whom the debtor has authorized the licensee or collector
to place the request. This clause does not apply to a call back message left at the debtor's
place of employment which is limited to the licensee's or collector's telephone number and
name;

(16) when attempting to collect a debt, fail to provide the debtor with the full name of
the collection agency new text begin or debt buyer new text end as it appears on its license new text begin or as listed on any "doing
business as" or "d/b/a" registered with the Department of Commerce new text end ;

(17) collect any money from a debtor that is not reported to a deleted text begin creditor or deleted text end new text begin client;
new text end

new text begin (18) new text end fail to return any amount of overpayment from a debtor to the debtor or to the state
of Minnesota pursuant to the requirements of chapter 345;

deleted text begin (18) deleted text end new text begin (19) new text end accept currency or coin as payment for a debt without issuing an original receipt
to the debtor and maintaining a duplicate receipt in the debtor's payment records;

deleted text begin (19) deleted text end new text begin (20) new text end attempt to collect any amount deleted text begin of money deleted text end new text begin , including any interest, fee, charge,
or expense incidental to the charge-off obligation, new text end from a debtor deleted text begin or deleted text end new text begin unless the amount is
expressly authorized by the agreement creating the debt or is otherwise permitted by law;
new text end

new text begin (21) new text end charge a fee to a deleted text begin creditor deleted text end new text begin client new text end that is not authorized by agreement with the client;

deleted text begin (20) deleted text end new text begin (22) new text end falsify any collection agency documents with the intent to deceive a debtor,
creditor, or governmental agency;

deleted text begin (21) deleted text end new text begin (23) new text end when initially contacting a Minnesota debtor by mail, fail to include a disclosure
on the contact notice, in a type size or font which is equal to or larger than the largest other
type of type size or font used in the text of the notice. The disclosure must state: "This
collection agency is licensed by the Minnesota Department of Commerce" new text begin or "This debt
buyer is licensed by the Minnesota Department of Commerce" as applicable new text end ; or

deleted text begin (22) deleted text end new text begin (24) new text end commence legal action to collect a debt outside the limitations period set forth
in section 541.053.

new text begin (b) Paragraph (a), clauses (6), (8), (10), (17), and (21), do not apply to debt buyers except
to the extent the debt buyer engages in third-party debt collection for others.
new text end

Sec. 18.

Minnesota Statutes 2020, section 332.385, is amended to read:

332.385 NOTIFICATION TO COMMISSIONER.

The collection agency new text begin or debt buyer new text end licensee shall notify the commissioner of any
employee termination within ten days of the termination if deleted text begin it deleted text end new text begin the termination new text end is new text begin based new text end in
whole or in part deleted text begin based deleted text end on a violation of this chapter.

Sec. 19.

Minnesota Statutes 2020, section 332.40, subdivision 3, is amended to read:

Subd. 3.

Commissioner's powers.

new text begin (a) new text end For the purpose of any investigation or proceeding
under sections 332.31 to 332.44, the commissioner or any person designated by the
commissioner may administer oaths and affirmations, subpoena collection agencies new text begin , debt
buyers, new text end or collectors and compel their attendance, take evidence and require the production
of any books, papers, correspondence, memoranda, agreements or other documents or
records which the commissioner deems relevant or material to the inquiry. The subpoena
shall contain a written statement setting forth the circumstances which have reasonably
caused the commissioner to believe that a violation of sections 332.31 to 332.44 may have
occurred.

new text begin (b) new text end In the event that the collection agency new text begin , debt buyer, new text end or collector refuses to obey the
subpoena, or should the commissioner, upon completion of the examination of the collection
agency new text begin , debt buyer, new text end or collector, reasonably conclude that a violation has occurred, the
commissioner may examine additional witnesses, including third parties, as may be necessary
to complete the investigation.

new text begin (c) new text end Any subpoena issued pursuant to this section shall be served by certified mail or by
personal service. Service shall be made at least 15 days prior to the date of appearance.

Sec. 20.

Minnesota Statutes 2020, section 332.42, subdivision 1, is amended to read:

Subdivision 1.

Verified financial statement.

The commissioner of commerce may at
any time require a deleted text begin collection agency deleted text end licensee to submit a verified financial statement for
examination by the commissioner to determine whether the deleted text begin collection agency deleted text end licensee is
financially responsible to carry on a collection deleted text begin agency deleted text end business within the intents and
purposes of sections 332.31 to 332.44.

Sec. 21.

Minnesota Statutes 2020, section 332.42, subdivision 2, is amended to read:

Subd. 2.

Record keeping.

The commissioner shall require the collection agency new text begin or debt
buyer new text end licensee to keep such books and records in the licensee's place of business in this
state as will enable the commissioner to determine whether there has been compliance with
the provisions of sections 332.31 to 332.44, unless the agency is a foreign corporation duly
authorized, admitted, and licensed to do business in this state and complies with all the
requirements of chapter 303 and with all other requirements of sections 332.31 to 332.44.
Every collection agency licensee shall preserve the records of final entry used in such
business for a period of five years after final remittance is made on any amount placed with
the licensee for collection or after any account has been returned to the claimant on which
one or more payments have been made. new text begin Every debt buyer licensee must preserve the records
of final entry used in the business for a period of five years after final collection of any
purchased account.
new text end

Sec. 22. new text begin GARNISHMENT PROHIBITIONS ON COVID-19 GOVERNMENT
ASSISTANCE.
new text end

new text begin (a) Federal, state, local, and tribal governmental payments issued to relieve the adverse
economic impact caused by the COVID-19 pandemic are exempt from all claims for
garnishments and levies of consumer debtors of debt primarily for personal, family, or
household purposes governed by Minnesota Statutes, chapters 550, 551, and 571.
new text end

new text begin (b) Paragraph (a) does not apply to domestic support orders and obligations, including
child support and spousal maintenance obligations, including but not limited to orders and
obligations under Minnesota Statutes, chapters 518 and 518A.
new text end

new text begin (c) This section expires on December 31, 2022.
new text end

new text begin EFFECTIVE DATE; APPLICATION. new text end

new text begin This section is effective the day following
final enactment and applies to government assistance provided on or after March 13, 2020.
new text end

ARTICLE 6

MISCELLANEOUS

Section 1.

Minnesota Statutes 2020, section 45.305, subdivision 1, is amended to read:

Subdivision 1.

deleted text begin Appraiser and deleted text end Insurance Internet prelicense courses.

The design and
delivery of deleted text begin an appraiser prelicense education course or deleted text end an insurance prelicense education
course must be approved by the International Distance Education Certification Center
(IDECC) before the course is submitted for the commissioner's approval.

Sec. 2.

Minnesota Statutes 2020, section 45.305, is amended by adding a subdivision to
read:

new text begin Subd. 1a. new text end

new text begin Appraiser Internet prelicense courses. new text end

new text begin The requirements for the design and
delivery of an appraiser prelicense education course are the requirements established by the
Appraiser Qualifications Board of the Appraisal Foundation and published in the most
recent version of the Real Property Appraiser Qualification Criteria.
new text end

Sec. 3.

Minnesota Statutes 2020, section 45.306, is amended by adding a subdivision to
read:

new text begin Subd. 1a. new text end

new text begin Appraiser Internet continuing education courses. new text end

new text begin The requirements for the
design and delivery of an appraiser continuing education course are the requirements
established by the Appraiser Qualifications Board of the Appraisal Foundation and published
in the most recent version of the Real Property Appraiser Qualification Criteria.
new text end

Sec. 4.

Minnesota Statutes 2020, section 45.33, subdivision 1, is amended to read:

Subdivision 1.

Prohibitions.

In connection with an approved course, coordinators and
instructors must not:

(1) recommend or promote the services or practices of a particular business;

(2) encourage or recruit individuals to engage the services of, or become associated with,
a particular business;

(3) use materials, clothing, or other evidences of affiliation with a particular entity new text begin ,
except as provided under subdivision 3 new text end ;

(4) require students to participate in other programs or services offered by the instructor,
coordinator, or education provider;

(5) attempt, either directly or indirectly, to discover questions or answers on an
examination for a license;

(6) disseminate to any other person specific questions, problems, or information known
or believed to be included in licensing examinations;

(7) misrepresent any information submitted to the commissioner;

(8) fail to cover, or ensure coverage of, all points, issues, and concepts contained in the
course outline approved by the commissioner during the approved instruction; and

(9) issue inaccurate course completion certificates.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 5.

Minnesota Statutes 2020, section 45.33, is amended by adding a subdivision to
read:

new text begin Subd. 3. new text end

new text begin Exceptions. new text end

new text begin In connection with an approved course, coordinators and instructors
may:
new text end

new text begin (1) display a company or course provider's logo or branding;
new text end

new text begin (2) establish a trade-show or conference booth outside the classroom where the
educational content is being delivered that is separate from a registration location used to
track or facilitate student attendance;
new text end

new text begin (3) display the logo or branding associated with a particular entity to thank the entity as
an organizational partner of the course provider during a scheduled and approved break in
the delivery of course content. The display must be separate from a registration location
used to track or facilitate student attendance; and
new text end

new text begin (4) display a third-party logo, promotion, advertisement, or affiliation with a particular
entity as part of a course program or advertising for an approved course. For purposes of
this subdivision, course program means digital or paper literature describing the schedule
of the events, presenters, duration, or background information of the approved course or
courses. A course program may be made available in the classroom or at a registration
location used to track or facilitate student attendance.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 6.

Minnesota Statutes 2020, section 60A.71, subdivision 7, is amended to read:

Subd. 7.

Duration; fees.

(a) Each applicant for a reinsurance intermediary license shall
pay to the commissioner a fee of $200 for an initial two-year license and a fee of $150 for
each renewal. Applications shall be submitted on forms prescribed by the commissioner.

(b) Initial licenses issued under this chapter are valid for a period not to exceed 24 months
and expire on October 31 of the renewal year assigned by the commissioner. Each renewal
reinsurance intermediary license is valid for a period of 24 months. deleted text begin Licensees who submit
renewal applications postmarked or delivered on or before October 15 of the renewal year
may continue to transact business whether or not the renewal license has been received by
November 1. Licensees who submit applications postmarked or delivered after October 15
of the renewal year must not transact business after the expiration date of the license until
the renewal license has been received.
deleted text end

(c) All fees are nonreturnable, except that an overpayment of any fee may be refunded
upon proper application.

Sec. 7.

Minnesota Statutes 2020, section 79.55, subdivision 10, is amended to read:

Subd. 10.

Duties of commissioner new text begin ; report new text end .

deleted text begin The commissioner shall issue a report by
March 1 of each year, comparing the average rates charged by workers' compensation
insurers in the state to the pure premium base rates filed by the association, as reviewed by
the Rate Oversight Commission. The Rate Oversight Commission shall review the
commissioner's report and if the experience indicates that rates have not reasonably reflected
changes in pure premiums, the rate oversight commission shall recommend to the legislature
appropriate legislative changes to this chapter.
deleted text end

new text begin (a) By March 1 of each year, the commissioner must issue a report that evaluates the
competitiveness of the workers' compensation market in Minnesota in order to evaluate
whether the competitive rating law is working.
new text end

new text begin (b) The report under this subdivision must: (1) compare the average rates charged by
workers' compensation insurers in Minnesota with the pure premium base rates filed by the
association; and (2) provide market information, including but not limited to the number of
carriers, market shares, the loss-cost multipliers used by companies, and the residual market
and self-insurance.
new text end

new text begin (c) The commissioner must provide the report to the Rate Oversight Commission for
review. If after reviewing the report the Rate Oversight Commission concludes that concerns
exist regarding the competitiveness of the workers' compensation market in Minnesota, the
Rate Oversight Commission must recommend to the legislature appropriate modifications
to this chapter.
new text end

Sec. 8.

Minnesota Statutes 2020, section 80G.06, subdivision 1, is amended to read:

Subdivision 1.

Surety bond requirement.

new text begin (a) new text end Every dealer shall maintain a current,
valid surety bond issued by a surety company admitted to do business in Minnesota in an
amount based on the transactions new text begin conducted with Minnesota consumers new text end (purchases from
and sales to consumers at retail) during the 12-month period prior to registration, or renewal,
whichever is applicable.

new text begin (b) new text end The amount of the surety bond shall be as specified in the table below:

Transaction Amount in Preceding 12-month Period	Surety Bond Required
deleted text begin $25,000 deleted text end new text begin $0 new text end to $200,000	$25,000
$200,000.01 to $500,000	$50,000
$500,000.01 to $1,000,000	$100,000
$1,000,000.01 to $2,000,000	$150,000
Over $2,000,000	$200,000

Sec. 9.

new text begin [80G.11] NOTIFICATION TO COMMISSIONER.
new text end

new text begin A dealer must notify the commissioner of any dealer representative termination within
ten days of the termination if the termination is based in whole or in part on a violation of
this chapter.
new text end

Sec. 10.

Minnesota Statutes 2020, section 82.57, subdivision 1, is amended to read:

Subdivision 1.

Amounts.

The following fees shall be paid to the commissioner:

(a) a fee of $150 for each initial individual broker's license, and a fee of $100 for each
renewal thereof;

(b) a fee of $70 for each initial salesperson's license, and a fee of $40 for each renewal
thereof;

(c) a fee of $85 for each initial real estate closing agent license, and a fee of $60 for each
renewal thereof;

(d) a fee of $150 for each initial corporate, limited liability company, or partnership
license, and a fee of $100 for each renewal thereof;

(e) a fee for payment to the education, research and recovery fund in accordance with
section 82.86;

(f) a fee of $20 for each transfer;

deleted text begin (g) a fee of $50 for license reinstatement;
deleted text end

deleted text begin (h) deleted text end new text begin (g) new text end a fee of $20 for reactivating a corporate, limited liability company, or partnership
license; and

deleted text begin (i) deleted text end new text begin (h) new text end in addition to the fees required under this subdivision, individual licensees under
clauses (a) and (b) shall pay, for each initial license and renewal, a technology surcharge
of up to $40 under section 45.24, unless the commissioner has adjusted the surcharge as
permitted under that section.

Sec. 11.

Minnesota Statutes 2020, section 82.57, subdivision 5, is amended to read:

Subd. 5.

Initial license expiration; fee reduction.

deleted text begin If an initial license issued under
subdivision 1, paragraph (a), (b), (c), or (d) expires less than 12 months after issuance, the
license fee shall be reduced by an amount equal to one-half the fee for a renewal of the
license. deleted text end new text begin An new text end new text begin initial license issued under this chapter expires in the year that results in the
term of the license being at least 12 months, but no more than 24 months.
new text end

Sec. 12.

Minnesota Statutes 2020, section 82.62, subdivision 3, is amended to read:

Subd. 3.

Timely renewals.

A person deleted text begin whose application for a license renewal has not
been timely submitted and deleted text end who has not received notice of approval of renewal may not
continue to transact business either as a real estate broker, salesperson, or closing agent
after June 30 of the renewal year until approval of renewal is received. Application for
renewal of a license is timely submitted if deleted text begin : deleted text end new text begin all requirements for renewal, including continuing
education requirements, have been completed and reported pursuant to section 45.43,
subdivision 1.
new text end

deleted text begin (1) all requirements for renewal, including continuing education requirements, have
been completed by June 15 of the renewal year; and
deleted text end

deleted text begin (2) the application is submitted before the renewal deadline in the manner prescribed
by the commissioner, duly executed and sworn to, accompanied by fees prescribed by this
chapter, and containing any information the commissioner requires.
deleted text end

Sec. 13.

Minnesota Statutes 2020, section 82.81, subdivision 12, is amended to read:

Subd. 12.

Fraudulent, deceptive, and dishonest practices.

(a) Prohibitions. For the
purposes of section 82.82, subdivision 1, clause (b), the following acts and practices constitute
fraudulent, deceptive, or dishonest practices:

(1) act on behalf of more than one party to a transaction without the knowledge and
consent of all parties;

(2) act in the dual capacity of licensee and undisclosed principal in any transaction;

(3) receive funds while acting as principal which funds would constitute trust funds if
received by a licensee acting as an agent, unless the funds are placed in a trust account.
Funds need not be placed in a trust account if a written agreement signed by all parties to
the transaction specifies a different disposition of the funds, in accordance with section
82.82, subdivision 1;

(4) violate any state or federal law concerning discrimination intended to protect the
rights of purchasers or renters of real estate;

(5) make a material misstatement in an application for a license or in any information
furnished to the commissioner;

(6) procure or attempt to procure a real estate license for deleted text begin himself or herself deleted text end new text begin the procuring
individual new text end or any person by fraud, misrepresentation, or deceit;

(7) represent membership in any real estate-related organization in which the licensee
is not a member;

(8) advertise in any manner that is misleading or inaccurate with respect to properties,
terms, values, policies, or services conducted by the licensee;

(9) make any material misrepresentation or permit or allow another to make any material
misrepresentation;

(10) make any false or misleading statements, or permit or allow another to make any
false or misleading statements, of a character likely to influence, persuade, or induce the
consummation of a transaction contemplated by this chapter;

(11) fail within a reasonable time to account for or remit any money coming into the
licensee's possession which belongs to another;

(12) commingle with deleted text begin his or her deleted text end new text begin the individual's new text end own money or property trust funds or
any other money or property of another held by the licensee;

(13) new text begin a new text end demand from a seller new text begin for new text end a commission deleted text begin to deleted text end new text begin or new text end compensation new text begin to new text end which the licensee
is not entitled, knowing that deleted text begin he or she deleted text end new text begin the individual new text end is not entitled to the commission new text begin or new text end
compensation;

(14) pay or give money or goods of value to an unlicensed person for any assistance or
information relating to the procurement by a licensee of a listing of a property or of a
prospective buyer of a property (this item does not apply to money or goods paid or given
to the parties to the transaction);

(15) fail to maintain a trust account at all times, as provided by law;

(16) engage, with respect to the offer, sale, or rental of real estate, in an anticompetitive
activity;

(17) represent on advertisements, cards, signs, circulars, letterheads, or in any other
manner, that deleted text begin he or she deleted text end new text begin the individual new text end is engaged in the business of financial planning unless
deleted text begin he or she deleted text end new text begin the individual new text end provides a disclosure document to the client. The document must
be signed by the client and a copy must be left with the client. The disclosure document
must contain the following:

(i) the basis of fees, commissions, or other compensation received by deleted text begin him or her deleted text end new text begin an
individual new text end in connection with rendering of financial planning services or financial counseling
or advice in the following language:

"My compensation may be based on the following:

(a) ... commissions generated from the products I sell you;

(b) ... fees; or

(c) ... a combination of (a) and (b). [Comments]";

(ii) the name and address of any company or firm that supplies the financial services or
products offered or sold by deleted text begin him or her deleted text end new text begin an individual new text end in the following language:

"I am authorized to offer or sell products and/or services issued by or through the
following firm(s):

[List]

The products will be traded, distributed, or placed through the clearing/trading firm(s)
of:

[List]";

(iii) the license(s) held by the person under this chapter or chapter 60A or 80A in the
following language:

"I am licensed in Minnesota as a(n):

(a) ... insurance agent;

(b) ... securities agent or broker/dealer;

(c) ... real estate broker or salesperson;

(d) ... investment adviser"; and

(iv) the specific identity of any financial products or services, by category, for example
mutual funds, stocks, or limited partnerships, the person is authorized to offer or sell in the
following language:

"The license(s) entitles me to offer and sell the following products and/or services:

(a) ... securities, specifically the following: [List];

(b) ... real property;

(c) ... insurance; and

(d) ... other: [List]."

(b) Determining violation. A licensee shall be deemed to have violated this section if
the licensee has been found to have violated sections 325D.49 to 325D.66, by a final decision
or order of a court of competent jurisdiction.

(c) Commissioner's authority. Nothing in this section limits the authority of the
commissioner to take actions against a licensee for fraudulent, deceptive, or dishonest
practices not specifically described in this section.

Sec. 14.

Minnesota Statutes 2020, section 82B.021, is amended by adding a subdivision
to read:

new text begin Subd. 14a. new text end

new text begin Evaluation. new text end

new text begin "Evaluation" means an estimate of the value of real property,
made in accordance with the Interagency Appraisal and Evaluation Guidelines provided to
an entity regulated by a federal financial institution's regulatory agency, for use in a real
estate-related financial transaction for which an appraisal is not required by federal law.
new text end

Sec. 15.

Minnesota Statutes 2020, section 82B.021, is amended by adding a subdivision
to read:

new text begin Subd. 16a. new text end

new text begin Interagency Appraisal and Evaluation Guidelines. new text end

new text begin "Interagency Appraisal
and Evaluation Guidelines" means the appraisal and evaluation guidelines provided by a
federal financial institution's regulatory agency, as provided by Federal Register, volume
75, page 77450 (2010), as amended.
new text end

Sec. 16.

Minnesota Statutes 2020, section 82B.021, subdivision 18, is amended to read:

Subd. 18.

Licensed real property appraiser.

"Licensed real property appraiser" means
an individual licensed under this chapter to perform appraisals on noncomplex one-family
to four-family residential units or agricultural property having a transactional value of less
than $1,000,000 and complex one-family to four-family residential units or agricultural
property having a transactional value of less than deleted text begin $250,000 deleted text end new text begin $400,000 new text end .

Sec. 17.

Minnesota Statutes 2020, section 82B.03, is amended by adding a subdivision to
read:

new text begin Subd. 3. new text end

new text begin Evaluation. new text end

new text begin A licensed real estate appraiser may provide an evaluation. When
providing an evaluation, a licensed real estate appraiser is not engaged in real estate appraisal
activity and is not subject to this chapter. An evaluation by a licensed real estate appraiser
under this subdivision must contain a disclosure that the evaluation is not an appraisal.
new text end

Sec. 18.

Minnesota Statutes 2020, section 82B.11, subdivision 3, is amended to read:

Subd. 3.

Licensed residential real property appraiser.

A licensed residential real
property appraiser may appraise noncomplex residential property or agricultural property
having a transaction value less than $1,000,000 and complex residential or agricultural
property having a transaction value less than deleted text begin $250,000 deleted text end new text begin $400,000 new text end .

Sec. 19.

Minnesota Statutes 2020, section 82B.195, is amended by adding a subdivision
to read:

new text begin Subd. 5. new text end

new text begin Evaluation. new text end

new text begin When providing an evaluation, a licensed real estate appraiser is
not required to comply with the Uniform Standards of Professional Appraisal Practice.
new text end

Sec. 20.

new text begin [82B.25] VALUATION BIAS.
new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

new text begin For the purposes of this section, "valuation bias" means to
explicitly, implicitly, or structurally select data and apply that data to an appraisal
methodology or technique in a biased manner that harms a protected class, as defined by
the Fair Housing Act of 1968, as amended.
new text end

new text begin Subd. 2. new text end

new text begin Education. new text end

new text begin Within two years of receiving a license under this chapter, and as
required by the Appraiser Qualifications Board, a real property appraiser shall provide to
the commissioner evidence of satisfactory completion of a continuing education course on
the valuation bias of real property.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 1, 2021. A real property
appraiser who has received their license prior to the effective date of this section must
complete the course required by this section by August 31, 2023.
new text end

Sec. 21.

Minnesota Statutes 2020, section 115C.094, is amended to read:

115C.094 ABANDONED UNDERGROUND STORAGE TANKS.

(a) As used in this section, an abandoned underground petroleum storage tank means
an underground petroleum storage tank that was:

(1) taken out of service prior to December 22, 1988; deleted text begin or
deleted text end

(2) taken out of service on or after December 22, 1988, if the current property owner
did not know of the existence of the underground petroleum storage tank and could not have
reasonably been expected to have known of the tank's existence at the time the owner first
acquired right, title, or interest in the tank deleted text begin . deleted text end new text begin ; or
new text end

new text begin (3) taken out of service and is located on property that is being held by the state in trust
for local taxing districts under section 281.25.
new text end

(b) The board may contract for:

(1) a statewide assessment in order to determine the quantity, location, cost, and feasibility
of removing abandoned underground petroleum storage tanks;

(2) the removal of an abandoned underground petroleum storage tank; and

(3) the removal and disposal of petroleum-contaminated soil if the removal is required
by the commissioner at the time of tank removal.

(c) Before the board may contract for removal of an abandoned petroleum storage tank,
the tank owner must provide the board with written access to the property and release the
board from any potential liability for the work performed.

new text begin (d) If at the time of the forfeiture of property identified under paragraph (a), clause (3),
the property owner or the owner's heirs, devisees, or representatives, or any person to whom
the right to pay taxes was granted by statute, mortgage, or other agreement, repurchases the
property under section 282.241, the board's contracted costs for the underground storage
tank removal project must be included as a special assessment included in the repurchase
price, as provided under section 282.251, and must be returned to the board upon the sale
of the property.
new text end

deleted text begin (d) deleted text end new text begin (e) new text end Money in the fund is appropriated to the board for the purposes of this section.

Sec. 22.

Minnesota Statutes 2020, section 216B.62, subdivision 3b, is amended to read:

Subd. 3b.

Assessment for department regional and national duties.

In addition to
other assessments in subdivision 3, the department may assess up to $500,000 per fiscal
year for performing its duties under section 216A.07, subdivision 3a. The amount in this
subdivision shall be assessed to energy utilities in proportion to their respective gross
operating revenues from retail sales of gas or electric service within the state during the last
calendar year and shall be deposited into an account in the special revenue fund and is
appropriated to the commissioner of commerce for the purposes of section 216A.07,
subdivision 3a. An assessment made under this subdivision is not subject to the cap on
assessments provided in subdivision 3 or any other law. For the purpose of this subdivision,
an "energy utility" means public utilities, generation and transmission cooperative electric
associations, and municipal power agencies providing natural gas or electric service in the
state. deleted text begin This subdivision expires June 30, 2021.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 23.

Minnesota Statutes 2020, section 308A.201, subdivision 12, is amended to read:

Subd. 12.

Electric cooperative powers.

(a) An electric cooperative has the power and
authority to:

(1) make loans to its members;

(2) prerefund debt;

(3) obtain funds through negotiated financing or public sale;

(4) borrow money and issue its bonds, debentures, notes, or other evidence of
indebtedness;

(5) mortgage, pledge, or otherwise hypothecate its assets as may be necessary;

(6) invest its resources;

(7) deposit money in state and national banks and trust companies authorized to receive
deposits; and

(8) exercise all other powers and authorities granted to cooperatives.

(b) A cooperative organized to provide rural electric power may enter agreements and
contracts with other electric power cooperatives or with a cooperative constituted of electric
power cooperatives to share losses and risk of losses to their transmission and distribution
lines, transformers, substations, and related appurtenances from storm, sleet, hail, tornado,
cyclone, hurricane, or windstorm. An agreement or contract or a cooperative formed to
share losses under this paragraph is not subject to the laws of this state relating to insurance
and insurance companies.

new text begin (c) An electric cooperative, an affiliate of the cooperative formed to provide broadband,
or another entity pursuant to an agreement with the cooperative or the cooperative's affiliate
may use the cooperative, affiliate, or entity's existing or subsequently acquired electric
transmission or distribution easements for broadband infrastructure and to provide broadband
service, which may include an agreement to lease fiber capacity. To exercise rights granted
under this paragraph, the cooperative must provide to the property owner on which the
easement is located written notice that the cooperative intends to use the easement for
broadband purposes. The use of the easement for broadband services vests and runs with
the land beginning six months after notice is provided under paragraph (d) unless a court
action challenging the use of the easement for broadband purposes has been filed before
that time by the property owner as provided under paragraph (e). The cooperative must also
file evidence of the notice for recording with the county recorder.
new text end

new text begin (d) The cooperative's notice under paragraph (c) must be sent by first class mail to the
last known address of the owner of the property on which the easement is located or by
printed insertion in the property owner's utility bill. The notice must include the following:
new text end

new text begin (1) the name and mailing address of the cooperative;
new text end

new text begin (2) a narrative describing the nature and purpose of the intended easement use; and
new text end

new text begin (3) a description of any trenching or other underground work expected to result from
the intended use, including the anticipated time frame for the work.
new text end

new text begin (e) A property owner, within six months after receiving notice under paragraph (d), may
commence an action seeking to recover damages for an electric cooperative's use of an
electric transmission or distribution easement for broadband service purposes.
Notwithstanding any other law to the contrary, the procedures and substantive matters set
forth in this subdivision govern an action under this paragraph and are the exclusive means
to bring a claim for compensation with respect to a notice of intent to use a cooperative
transmission or distribution easement for broadband purposes. To commence an action
under this paragraph, the property owner must serve a complaint upon the electric cooperative
as in a civil action and file the complaint with the district court for the county in which the
easement is located. The complaint must state whether the property owner (1) is challenging
the electric cooperative's right to use the easement for broadband services or infrastructure
as authorized under paragraph (c), (2) is seeking damages as provided under paragraph (f),
or (3) both.
new text end

new text begin (f) If the property owner is seeking damages, the electric cooperative may, at any time
after answering the complaint (1) deposit with the court administrator an amount equal to
the cooperative's estimate of damages or one dollar if damages are estimated to be not more
than nominal, and (2) after making the deposit, use the electric transmission or service line
easements for broadband purposes, conditioned on an obligation to pay the amount of
damages determined by the court. If the property owner is challenging the electric
cooperative's right to use the easement for broadband services or infrastructure as authorized
under paragraph (c), after the electric cooperative answers the complaint the district court
must promptly hold a hearing on the property owner's challenge. If the district court denies
the property owner's challenge, the electric cooperative may proceed to make a deposit and
make use of the easement for broadband service purposes, as provided under clause (2).
new text end

new text begin (g) In an action involving a property owner's claim for damages, the landowner has the
burden to prove the existence and amount of any net reduction in the fair market value of
the property, considering the existence, installation, construction, maintenance, modification,
operation, repair, replacement, or removal of broadband infrastructure in the easement, as
well as any benefit to the property from access to broadband service. Consequential or
special damages must not be awarded. Evidence of revenue, profits, fees, income, or similar
benefits to the electric cooperative, the cooperative's affiliate, or a third party is inadmissible.
Any fees or costs incurred as a result of an action under this subdivision must be paid by
the party that incurred the fees or costs.
new text end

new text begin (h) Nothing in this section limits in any way an electric cooperative's existing easement
rights, including but not limited to rights an electric cooperative has or may acquire to
transmit communications for electric system operations or otherwise.
new text end

new text begin (i) Placement of broadband infrastructure for use in providing broadband service under
paragraphs (c) to (h) in any portion of an electric transmission or distribution easement
located in the public right-of-way is subject to local government permitting and right-of-way
management authority under section 237.163, and the placement must be coordinated with
the relevant local government unit to minimize potential future relocations. The cooperative
must notify a local government unit prior to placing infrastructure for broadband service in
an easement that is in or adjacent to the local government unit's public right-of-way.
new text end

new text begin (j) For purposes of this subdivision:
new text end

new text begin (1) "broadband infrastructure" has the meaning given in section 116J.394; and
new text end

new text begin (2) "broadband service" means broadband infrastructure and any services provided over
the infrastructure that offer advanced telecommunications capability and Internet access.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 24.

new text begin [332.61] INFORMATIVE DISCLOSURE.
new text end

new text begin A lead generator must prominently make the following disclosure on all print, electronic,
and nonprint solicitations, including advertising on websites, radio, or television: "This
company does not actually provide any of the credit services you are seeking. We ONLY
refer you to companies that want to provide some or all of those services."
new text end

Sec. 25.

Minnesota Statutes 2020, section 386.375, subdivision 3, is amended to read:

Subd. 3.

Consumer education information.

(a) A person other than the mortgagor or
fee owner who transfers or offers to transfer an abstract of title shall present to the mortgagor
or fee owner basic information in plain English about abstracts of title. This information
must be sent in a form prepared and approved by the commissioner of commerce and must
contain at least the following items:

(1) a definition and description of abstracts of title;

(2) an explanation that holders of abstracts of title must maintain it with reasonable care;

(3) an approximate cost or range of costs to replace a lost or damaged abstract of title; new text begin
and
new text end

deleted text begin (4) an explanation that abstracts of title may be required to sell, finance, or refinance
real estate; and
deleted text end

deleted text begin (5) deleted text end new text begin (4) new text end an explanation of options for storage of abstracts.

(b) The commissioner shall prepare the form for use under this subdivision as soon as
possible. This subdivision does not apply until 60 days after the form is approved by the
commissioner.

(c) A person violating this subdivision is subject to a penalty of $200 for each violation.

Sec. 26. new text begin APPRAISER INTERNET COURSE REQUIREMENTS.
new text end

new text begin Notwithstanding Minnesota Statutes, sections 45.305, subdivision 1a, and 45.306,
subdivision 1a, education providers may submit to the commissioner of commerce for
approval a classroom course under Minnesota Statutes, section 45.25, subdivision 2a, clause
(3), or a distance learning course, as defined in Minnesota Statutes, section 45.25, subdivision
5a, that has not been approved by the International Distance Education Certification Center.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment and
expires after the peacetime emergency declared by the governor in an executive order that
relates to the infectious disease known as COVID-19 is terminated or rescinded or December
31, 2021, whichever is later.
new text end

Sec. 27. new text begin MINNESOTA COUNCIL ON ECONOMIC EDUCATION.
new text end

new text begin (a) The Minnesota Council on Economic Education, with funds made available through
grants from the commissioner of education in fiscal years 2022 and 2023, must:
new text end

new text begin (1) provide professional development to Minnesota's kindergarten through grade 12
teachers implementing state graduation standards in learning areas related to economic
education;
new text end

new text begin (2) support the direct-to-student ancillary economic and personal finance programs that
Minnesota teachers supervise and coach; and
new text end

new text begin (3) provide support to geographically diverse affiliated higher education-based centers
for economic education, including those based at Minnesota State University Mankato,
Minnesota State University Moorhead, St. Cloud State University, St. Catherine University,
and the University of St. Thomas, as the centers' work relates to activities in clauses (1) and
(2).
new text end

new text begin (b) By February 15 of each year following the receipt of a grant, the Minnesota Council
on Economic Education must report to the commissioner of education on the number and
type of in-person and online teacher professional development opportunities provided by
the Minnesota Council on Economic Education or affiliated state centers. The report must
include a description of the content, length, and location of the programs; the number of
preservice and licensed teachers receiving professional development through each of these
opportunities; and a summary of evaluations of professional opportunities for teachers.
new text end

new text begin (c) On August 15, 2021, the Department of Education must pay the full amount of the
grant for fiscal year 2022 to the Minnesota Council on Economic Education. On August
15, 2022, the Department of Education must pay the full amount of the grant for fiscal year
2023 to the Minnesota Council on Economic Education. The Minnesota Council on Economic
Education must submit its fiscal reporting in the form and manner specified by the
commissioner. The commissioner may request additional information as necessary.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 28. new text begin CONSUMER DEBT COLLECTION LANGUAGE BARRIER WORKING
GROUP.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin The commissioner of commerce shall convene a working
group to review language barriers and the effect on creditors, debt collectors, and limited
English proficient communities.
new text end

new text begin Subd. 2. new text end

new text begin Membership. new text end

new text begin The working group consists of the following members:
new text end

new text begin (1) the commissioner of commerce or a designee;
new text end

new text begin (2) one member appointed by the Attorney General's Office;
new text end

new text begin (3) two members of the public representing creditors or debt collectors, appointed by
the industry and subject to approval by the commissioner of commerce;
new text end

new text begin (4) two members of the public representing consumer rights, appointed by consumer
rights advocate organizations and subject to approval by the commissioner of commerce;
new text end

new text begin (5) one member appointed by the Council for Minnesotans of African Heritage;
new text end

new text begin (6) one member appointed by the Minnesota Council on Latino Affairs;
new text end

new text begin (7) one member appointed by the Council on Asian-Pacific Minnesotans;
new text end

new text begin (8) two members appointed by the Indian Affairs Council; and
new text end

new text begin (9) one member appointed by Mid-Minnesota Legal Aid.
new text end

new text begin Subd. 3. new text end

new text begin Report. new text end

new text begin (a) By January 1, 2022, the commissioner of commerce shall report
to the chairs and ranking minority members of the house of representatives and senate
committees with jurisdiction over commerce with the working group's recommendations
to address language barriers between creditors, debt collectors, and consumers.
new text end

new text begin (b) The working group shall examine:
new text end

new text begin (1) current practices for communicating with consumers in the consumer's preferred
language when attempting to collect a debt or enforce a lien;
new text end

new text begin (2) the availability of translation services or a written glossary of financial terms for
consumers whose primary language is not English; and
new text end

new text begin (3) state and federal laws involving issues under clauses (1) and (2).
new text end

Sec. 29. new text begin COLLECTION AGENCY EMPLOYEES; WORK FROM HOME.
new text end

new text begin An employee of a collection agency licensed under Minnesota Statutes, chapter 332,
may work from a location other than the licensee's business location if the licensee and
employee comply with all the requirements of Minnesota Statutes, section 332.33, that
would apply if the employee were working at the business location. The fee for a collector
registration or renewal under Minnesota Statutes, section 332.33, subdivision 3, entitles the
individual collector to work at a licensee's business location or a location otherwise acceptable
under this section. An additional branch license is not required for a location used under
this section. This section expires May 31, 2022.
new text end

Sec. 30. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2020, sections 45.017; 45.306, subdivision 1; and 115C.13, new text end new text begin are
repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: H1031-1

45.017 MEDICAL MALPRACTICE INSURANCE REPORT.

(a) The commissioner of commerce shall provide to the legislature annually a brief written report on the status of the market for medical malpractice insurance in Minnesota. The report must summarize, interpret, explain, and analyze information on that subject available to the commissioner, through annual statements filed by insurance companies, information obtained under paragraph (c), and other sources.

(b) The annual report must consider, to the extent possible, using definitions developed by the commissioner, Minnesota-specific data on market shares; premiums received; amounts paid to settle claims that were not litigated, claims that were settled after litigation began, and claims that were litigated to court judgment; amounts spent on processing, investigation, litigation, and otherwise handling claims; other sales and administrative costs; and the loss ratios of the insurers.

(c) Each insurance company that provides medical malpractice insurance in this state shall, no later than June 1 each year, file with the commissioner of commerce, on a form prescribed by the commissioner and using definitions developed by the commissioner, the Minnesota-specific data referenced in paragraph (b), other than market share, for the previous calendar year for that insurance company, shown separately for various categories of coverages including, if possible, hospitals, medical clinics, nursing homes, physicians who provide emergency medical care, obstetrician gynecologists, and ambulance services. An insurance company need not comply with this paragraph if its direct premium written in the state for the previous calendar year is less than $2,000,000.

45.306 CONTINUING EDUCATION COURSES OFFERED OVER THE INTERNET.

Subdivision 1.

Appraiser Internet continuing education courses.

The design and delivery of an appraiser continuing education course must be approved by the International Distance Education Certification Center (IDECC) before the course is submitted for the commissioner's approval.

60A.98 DEFINITIONS.

Subdivision 1.

Scope.

For purposes of sections 60A.98 and 60A.981, the terms defined in this section have the meanings given them.

Subd. 2.

Customer.

"Customer" means a consumer who has a continuing relationship with a licensee under which the licensee provides one or more insurance products or services to the consumer that are to be used primarily for personal, family, or household purposes.

Subd. 3.

Customer information.

"Customer information" means nonpublic personal information about a customer, whether in paper, electronic, or other form, that is maintained by or on behalf of the licensee.

Subd. 4.

Customer information systems.

"Customer information systems" means the electronic or physical methods used to access, collect, store, use, transmit, protect, or dispose of customer information.

Subd. 5.

Licensee.

"Licensee" means all licensed insurers, producers, and other persons licensed or required to be licensed, authorized or required to be authorized, or registered or required to be registered pursuant to the insurance laws of this state, except that "licensee" does not include a purchasing group or an ineligible insurer in regard to the surplus line insurance conducted pursuant to sections 60A.195 to 60A.209. "Licensee" does not include producers until January 1, 2007.

Subd. 6.

Nonpublic financial information.

"Nonpublic financial information" means:

(1) personally identifiable financial information; and

(2) any list, description, or other grouping of consumers, and publicly available information pertaining to them, that is derived using any personally identifiable financial information that is not publicly available.

Subd. 7.

Nonpublic personal health information.

"Nonpublic personal health information" means health information:

(1) that identifies an individual who is the subject of the information; or

(2) with respect to which there is a reasonable basis to believe that the information could be used to identify an individual.

Subd. 8.

Nonpublic personal information.

"Nonpublic personal information" means nonpublic financial information and nonpublic personal health information.

Subd. 9.

Personally identifiable financial information.

"Personally identifiable financial information" means any information:

(1) a consumer provides to a licensee to obtain an insurance product or service from the licensee;

(2) about a consumer resulting from a transaction involving an insurance product or service between a licensee and a consumer; or

(3) the licensee otherwise obtains about a consumer in connection with providing an insurance product or service to that consumer.

Subd. 10.

Service provider.

"Service provider" means a person that maintains, processes, or otherwise is permitted access to customer information through its provision of services directly to the licensee.

60A.981 INFORMATION SECURITY PROGRAM.

Subdivision 1.

General requirements.

Each licensee shall implement a comprehensive written information security program that includes administrative, technical, and physical safeguards for the protection of customer information. The administrative, technical, and physical safeguards included in the information security program must be appropriate to the size and complexity of the licensee and the nature and scope of its activities.

Subd. 2.

Objectives.

A licensee's information security program must be designed to:

(1) ensure the security and confidentiality of customer information;

(2) protect against any anticipated threats or hazards to the security or integrity of the information; and

(3) protect against unauthorized access to or use of the information that could result in substantial harm or inconvenience to any customer.

Subd. 3.

Examples of methods of development and implementation.

The following actions and procedures are examples of methods of implementation of the requirements of subdivisions 1 and 2. These examples are nonexclusive illustrations of actions and procedures that licensees may follow to implement subdivisions 1 and 2:

(1) the licensee:

(i) identifies reasonably foreseeable internal or external threats that could result in unauthorized disclosure, misuse, alteration, or destruction of customer information or customer information systems;

(ii) assesses the likelihood and potential damage of these threats, taking into consideration the sensitivity of customer information; and

(iii) assesses the sufficiency of policies, procedures, customer information systems, and other safeguards in place to control risks;

(2) the licensee:

(i) designs its information security program to control the identified risks, commensurate with the sensitivity of the information, as well as the complexity and scope of the licensee's activities;

(ii) trains staff, as appropriate, to implement the licensee's information security program; and

(iii) regularly tests or otherwise regularly monitors the key controls, systems, and procedures of the information security program. The frequency and nature of these tests or other monitoring practices are determined by the licensee's risk assessment;

(3) the licensee:

(i) exercises appropriate due diligence in selecting its service providers; and

(ii) requires its service providers to implement appropriate measures designed to meet the objectives of this regulation, and, where indicated by the licensee's risk assessment, takes appropriate steps to confirm that its service providers have satisfied these obligations; and

(4) the licensee monitors, evaluates, and adjusts, as appropriate, the information security program in light of any relevant changes in technology, the sensitivity of its customer information, internal or external threats to information, and the licensee's own changing business arrangements, such as mergers and acquisitions, alliances and joint ventures, outsourcing arrangements, and changes to customer information systems.

60A.982 UNFAIR TRADE PRACTICES.

A violation of sections 60A.98 and 60A.981 is considered to be a violation of sections 72A.17 to 72A.32.

115C.13 REPEALER.

Sections 115C.01, 115C.02, 115C.021, 115C.03, 115C.04, 115C.045, 115C.05, 115C.06, 115C.065, 115C.07, 115C.08, 115C.09, 115C.093, 115C.094, 115C.10, 115C.11, 115C.112, 115C.113, 115C.12, and 115C.13, are repealed effective June 30, 2022.