HF 1587

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to commerce; reducing certain fees of the 
  1.3             department of commerce; amending Minnesota Statutes 
  1.4             1996, sections 80A.28, subdivision 2; 82.21, 
  1.5             subdivision 1; 82B.09, subdivision 1; 155A.045, 
  1.6             subdivision 1; 326.86, subdivision 1; 326.975, 
  1.7             subdivision 1; and 359.01, subdivision 3. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 1996, section 80A.28, 
  1.10  subdivision 2, is amended to read: 
  1.11     Subd. 2.  Every applicant for an initial or renewal license 
  1.12  shall pay a filing fee of $200 $100 in the case of a 
  1.13  broker-dealer, $50 $25 in the case of an agent, and $100 $50 in 
  1.14  the case of an investment adviser.  When an application is 
  1.15  denied or withdrawn, the filing fee shall be retained.  A 
  1.16  licensed agent who has terminated employment with one 
  1.17  broker-dealer shall, before beginning employment with another 
  1.18  broker-dealer, pay a transfer fee of $25. 
  1.19     Sec. 2.  Minnesota Statutes 1996, section 82.21, 
  1.20  subdivision 1, is amended to read: 
  1.21     Subdivision 1.  [AMOUNTS.] The following fees shall be paid 
  1.22  to the commissioner: 
  1.23     (a) A fee of $150 $75 for each initial individual broker's 
  1.24  license, and a fee of $100 $50 for each renewal thereof; 
  1.25     (b) A fee of $70 $35 for each initial salesperson's 
  1.26  license, and a fee of $40 $20 for each renewal thereof; 
  2.1      (c) A fee of $85 $45 for each initial real estate closing 
  2.2   agent license, and a fee of $60 $30 for each renewal thereof; 
  2.3      (d) A fee of $150 $75 for each initial corporate, limited 
  2.4   liability company, or partnership license, and a fee of $100 $50 
  2.5   for each renewal thereof; 
  2.6      (e) A fee for payment to the education, research and 
  2.7   recovery fund in accordance with section 82.34; 
  2.8      (f) A fee of $20 for each transfer; 
  2.9      (g) A fee of $50 $25 for a corporation, limited liability 
  2.10  company, or partnership name change; 
  2.11     (h) A fee of $10 for an agent name change; 
  2.12     (i) A fee of $20 for a license history; 
  2.13     (j) A fee of $10 for a duplicate license; 
  2.14     (k) A fee of $50 for license reinstatement; 
  2.15     (l) A fee of $20 for reactivating a corporate, limited 
  2.16  liability company, or partnership license without land; 
  2.17     (m) A fee of $100 for course coordinator approval; and 
  2.18     (n) A fee of $20 for each hour or fraction of one hour of 
  2.19  course approval sought. 
  2.20     Sec. 3.  Minnesota Statutes 1996, section 82B.09, 
  2.21  subdivision 1, is amended to read: 
  2.22     Subdivision 1.  [AMOUNTS.] The following fees must be paid 
  2.23  to the commissioner: 
  2.24     (1) for each initial individual real estate appraiser's 
  2.25  license:  $150 $75 if the license expires more than 12 months 
  2.26  after issuance, $100 $50 if the license expires less than 12 
  2.27  months after issuance; and a fee of $100 $50 for each renewal; 
  2.28     (2) a fee of $10 for a change in personal name or trade 
  2.29  name or personal address or business location; 
  2.30     (3) a fee of $10 for a license history; 
  2.31     (4) a fee of $25 for a duplicate license; 
  2.32     (5) a fee of $100 for appraiser course coordinator 
  2.33  approval; and 
  2.34     (6) a fee of $10 for each hour or fraction of one hour of 
  2.35  course approval sought. 
  2.36     Sec. 4.  Minnesota Statutes 1996, section 155A.045, 
  3.1   subdivision 1, is amended to read: 
  3.2      Subdivision 1.  [SCHEDULE.] The fee schedule for licensees 
  3.3   is as follows: 
  3.4      (a) Three-year license fees: 
  3.5      (1) cosmetologist, manicurist, esthetician, $30 $15; 
  3.6      (2) instructor, manager, $45 $25; 
  3.7      (3) salon, $50 $25; and 
  3.8      (4) school, $750 $400. 
  3.9      (b) Penalties: 
  3.10     (1) reinspection fee, variable; and 
  3.11     (2) manager with lapsed practitioner, $25. 
  3.12     (c) Administrative fees: 
  3.13     (1) duplicate license (includes individual name or address 
  3.14  change), $5; 
  3.15     (2) certificate of identification, $20; 
  3.16     (3) processing fee (covers licensing history or 
  3.17  certification of licensure, restoration of lapsed license, salon 
  3.18  name change, school name change, late renewals, applications for 
  3.19  new licenses), $15; and 
  3.20     (4) school original application, $150. 
  3.21     Sec. 5.  Minnesota Statutes 1996, section 326.86, 
  3.22  subdivision 1, is amended to read: 
  3.23     Subdivision 1.  [LICENSING FEE.] The licensing fee for 
  3.24  persons licensed pursuant to sections 326.83 to 326.991 
  3.25  is $75 $65 per year.  The commissioner may adjust the fees under 
  3.26  section 16A.1285 to recover the costs of administration and 
  3.27  enforcement.  The fees must be limited to the cost of license 
  3.28  administration and enforcement and must be deposited in the 
  3.29  state treasury and credited to the general fund.  A fee of $25 
  3.30  will be charged for a duplicate license or an amended license 
  3.31  reflecting a change of business name, address, or qualifying 
  3.32  person. 
  3.33     Sec. 6.  Minnesota Statutes 1996, section 326.975, 
  3.34  subdivision 1, is amended to read: 
  3.35     Subdivision 1.  [GENERALLY.] (a) In addition to any other 
  3.36  fees, each applicant for a license under sections 326.83 to 
  4.1   326.98 shall pay a fee to the contractor's recovery fund.  The 
  4.2   contractor's recovery fund is created in the state treasury and 
  4.3   must be administered by the commissioner in the manner and 
  4.4   subject to all the requirements and limitations provided by 
  4.5   section 82.34 with the following exceptions: 
  4.6      (1) each licensee who renews a license shall pay in 
  4.7   addition to the appropriate renewal fee an additional fee which 
  4.8   shall be credited to the contractor's recovery fund.  The amount 
  4.9   of the fee shall be based on the licensee's gross annual 
  4.10  receipts for the licensee's most recent fiscal year preceding 
  4.11  the renewal, on the following scale: 
  4.12            Fee           Gross Receipts
  4.13            $100 $25      under $1,000,000
  4.14            $150 $35      $1,000,000 to $5,000,000
  4.15            $200 $50      over $5,000,000
  4.16  Any person who receives a new license shall pay a fee based on 
  4.17  the same scale; 
  4.18     (2) the sole purpose of this fund is to compensate any 
  4.19  aggrieved owner or lessee of residential property who obtains a 
  4.20  final judgment in any court of competent jurisdiction against a 
  4.21  licensee licensed under section 326.84, on grounds of 
  4.22  fraudulent, deceptive, or dishonest practices, conversion of 
  4.23  funds, or failure of performance arising directly out of any 
  4.24  transaction when the judgment debtor was licensed and performed 
  4.25  any of the activities enumerated under section 326.83, 
  4.26  subdivision 19, on the owner's residential property or on 
  4.27  residential property rented by the lessee, or on new residential 
  4.28  construction which was never occupied prior to purchase by the 
  4.29  owner, or which was occupied by the licensee for less than one 
  4.30  year prior to purchase by the owner, and which cause of action 
  4.31  arose on or after April 1, 1994; 
  4.32     (3) nothing may obligate the fund for more than $50,000 per 
  4.33  claimant, nor more than $50,000 per licensee; and 
  4.34     (4) nothing may obligate the fund for claims based on a 
  4.35  cause of action that arose before the licensee paid the recovery 
  4.36  fund fee set in clause (1), or as provided in section 326.945, 
  5.1   subdivision 3.  
  5.2      (b) Should the commissioner pay from the contractor's 
  5.3   recovery fund any amount in settlement of a claim or toward 
  5.4   satisfaction of a judgment against a licensee, the license shall 
  5.5   be automatically suspended upon the effective date of an order 
  5.6   by the court authorizing payment from the fund.  No licensee 
  5.7   shall be granted reinstatement until the licensee has repaid in 
  5.8   full, plus interest at the rate of 12 percent a year, twice the 
  5.9   amount paid from the fund on the licensee's account, and has 
  5.10  obtained a surety bond issued by an insurer authorized to 
  5.11  transact business in this state in the amount of at least 
  5.12  $40,000.  
  5.13     Sec. 7.  Minnesota Statutes 1996, section 359.01, 
  5.14  subdivision 3, is amended to read: 
  5.15     Subd. 3.  [FEES.] (a) When making application for a 
  5.16  commission the applicant must submit, along with the information 
  5.17  required by the commissioner, a nonrefundable fee of $40 $10. 
  5.18     (b) All fees shall be retained by the commissioner and are 
  5.19  nonreturnable, except that an overpayment of a fee is the 
  5.20  subject of a refund upon proper application. 
  5.21     Sec. 8.  [EFFECTIVE DATE.] 
  5.22     Sections 1 to 7 are effective for fees payable on or after 
  5.23  July 1, 1997.