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Capital IconMinnesota Legislature

HF 2854

3rd Engrossment - 88th Legislature (2013 - 2014) Posted on 05/07/2014 10:15am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to commerce; removing or modifying obsolete, unnecessary, or
redundant laws and rules administered by the Department of Commerce or the
Public Utilities Commission; making conforming changes; amending Minnesota
Statutes 2012, sections 16D.04, subdivisions 1, 4; 45.0111, subdivision 2;
45.22; 45.23; 46.046, by adding a subdivision; 47.20, subdivision 7; 47.325;
47.78; 48.93, subdivisions 1, 3; 53A.06; 56.131, subdivision 1; 56.14; 58.115;
59C.10, subdivision 2; 60A.131; 72B.03; 72B.041, subdivision 1; 72B.08,
subdivision 1; 72B.135, subdivision 2; 82.63, subdivision 6; 82A.03; 82A.05,
subdivision 6; 82A.08, subdivision 1; 82A.09, subdivision 2; 82A.10; 82A.111,
subdivision 2; 82A.12, subdivision 1; 82A.14; 82A.22, subdivision 2; 82A.25;
82A.26; 83.26, subdivision 2; 83.30, subdivision 1; 115C.113; 115C.13;
216C.03; 237.04; 237.14; 237.16, subdivisions 8, 12; 237.164; 237.17; 237.30;
237.46; 237.491; 237.69, subdivisions 1, 15, 16; 237.71; 239.011, subdivision
2; 239.06; 239.081; 239.09; 239.091; 239.44; 239.46; 239.753; 256E.25,
subdivision 5a; 270B.14, subdivision 1; 325E.11; 325E.115, subdivision 2;
332.31, subdivision 1; 332.311; 332.33, subdivisions 1, 2, 3, 5, 5a, 7; 332.38;
332.39; 332.40, subdivisions 1, 2, 3; 332.42, subdivisions 1, 2; 332.44; 386.015,
subdivision 5; 386.62; 386.65, subdivision 1; 386.705; 386.706; 386.73; 386.74;
386.76; Minnesota Statutes 2013 Supplement, sections 82A.06, subdivision 2;
82A.13, subdivision 1; 237.036; 237.16, subdivision 9; 239.101, subdivision 3;
repealing Minnesota Statutes 2012, sections 13.713, subdivision 4; 45.0111;
45.42, subdivision 1; 46.045, subdivision 2; 46.047; 48.34; 53A.081; 56.001,
subdivisions 5, 6; 60A.18; 62A.319; 72A.53; 72B.02, subdivision 8; 80C.30;
81A.08; 81A.18; 82.63, subdivisions 7, 9, 10; 82A.04; 82A.07; 82A.08;
82A.11, subdivision 2; 82A.111, subdivision 5; 82A.13, subdivision 3; 82A.18,
subdivision 3; 82A.22, subdivisions 1, 3; 82A.24, subdivision 5; 115C.111;
216C.14; 216C.262; 216C.263; 216C.373; 216C.38; 216C.44; 237.068; 237.16,
subdivisions 10, 11, 13; 237.18; 237.33; 237.34; 237.35; 237.36; 237.37; 237.38;
237.39; 237.40; 237.44; 237.45; 237.47; 237.67; 237.711; 237.80, subdivision
1; 239.002; 239.003; 239.012; 239.101, subdivision 4; 239.28; 239.29; 239.30;
239.31; 239.35; 239.36; 239.51; 239.511; 239.53; 239.54; 332.45; 386.61,
subdivisions 1, 2, 4; Minnesota Statutes 2013 Supplement, sections 82.63,
subdivision 8; 82A.06, subdivision 2; Minnesota Rules, parts 2782.0200;
2782.0300; 2782.0400; 2782.0500; 2782.0600; 2782.0700; 2782.0800;
2795.2000; 2830.0010; 2830.0020; 2830.0030; 2830.0040; 2830.0050;
2830.0060; 2830.0070; 2830.0080; 2830.0090; 2830.0100; 2870.0100;
2870.1100; 2870.1200; 2870.1400; 2870.1700; 2870.1800; 2870.1900;
2870.2000; 2870.2100; 2870.2200; 2870.2300; 2870.3100; 2870.3200;
2870.3300; 2870.3400; 2870.3500; 2870.3600; 2870.3700; 2870.3800;
2870.3900; 2870.4000; 2870.4100; 2870.5100; 7601.7010; 7601.7090, subpart
3; 7602.0100; 7606.0010; 7606.0020, subparts 1, 2, 3, 4, 5, 5a, 6, 8, 9,
10; 7606.0030; 7606.0040; 7606.0050; 7606.0060; 7606.0070; 7606.0080;
7630.0110; 7630.0120; 7630.0200; 7630.0210; 7630.0220; 7630.0300;
7630.0310; 7630.0320; 7630.0330; 7630.0340; 7630.0350; 7630.0360.

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

ARTICLE 1

OBSOLETE, UNNECESSARY, OR REDUNDANT PROVISIONS

Section 1.

Minnesota Statutes 2012, section 45.22, is amended to read:


45.22 LICENSE EDUCATION APPROVAL.

License education courses must be approved in advance by the commissioner.
Each education provider who offers a license education course must be approved by the
commissioner. Each approved education provider must have at least one coordinator who
meets the criteria specified in this chapter, and who is responsible for supervising the
educational program and assuring compliance with all laws and rules.

deleted text begin For courses with an initial approval date on or before December 31, 2000, approval
will expire on April 30, 2006. For courses with an initial approval date after January 1,
2001, but before August 1, 2005, approval will expire on April 30, 2007.
deleted text end

Sec. 2.

Minnesota Statutes 2012, section 45.23, is amended to read:


45.23 LICENSE EDUCATION FEES.

The following fees must be paid to the commissioner:

(1) initial course approval, $10 for each hour or fraction of one hour of education
course approval sought. Initial course approval expires on the last day of the 24th month
after the course is approved;

(2) renewal of course approval, $10 per course. Renewal of course approval expires
on the last day of the 24th month after the course is renewed;

(3) initial education provider approval, $100. Initial education provider approval
issued under this section is valid for a period not to exceed 24 months and expires on
January 31 of the renewal year assigned by the commissionerdeleted text begin. Active education providers
who have at least one approved coordinator as of June 1, 2006, are deemed to be approved
education providers and are not required to submit an initial application for education
provider approval
deleted text end; and

(4) renewal of education provider approval, $10. Each renewal of education
provider approval is valid for a period of 24 months. deleted text beginActive education providers who have
at least one approved coordinator as of June 1, 2006, will have an expiration date of
January 31, 2008.
deleted text end

Sec. 3.

Minnesota Statutes 2012, section 46.046, is amended by adding a subdivision
to read:


new text begin Subd. 2a. new text end

new text begin Banking institution. new text end

new text begin "Banking institution" means a bank, trust company,
bank and trust company, savings bank, or industrial loan and thrift operating under section
53.04, subdivision 5, that is organized under the laws of this state, or a holding company
which owns or otherwise controls the banking institution.
new text end

Sec. 4.

Minnesota Statutes 2012, section 47.20, subdivision 7, is amended to read:


Subd. 7.

Discount points prohibited.

(1) deleted text beginNo conventional loan made on or
after the effective date of Laws 1977, chapter 350 and prior to May 31, 1979 shall
contain a provision requiring or permitting the imposition, directly or indirectly, of any
discount points, whether or not actually denominated as discount points, on any person.
deleted text end Conventional or cooperative apartment loans made deleted text beginon or after May 31, 1979deleted text end may contain
provisions permitting discount points, if the loan does not provide a loan yield in excess of
that permitted by subdivision 4a. The loan yield is computed using the amount resulting
when the discount points are included in the finance charge.

(2) Forward commitment fees are not discount points within the meaning of this
subdivision.

(3) No charges, fees, or sums permitted by this section which are paid to and received
by a lender may be increased for purposes of evading compliance with this subdivision.

Sec. 5.

Minnesota Statutes 2012, section 47.325, is amended to read:


47.325 APPEAL AND JUDICIAL REVIEW.

A savings bank aggrieved by any action or inaction of the commissioner under
sections 47.27 to 47.30 may appeal under sections 14.63 to 14.69. deleted text beginThe scope of judicial
review in the proceedings is as provided in those sections.
deleted text end

Sec. 6.

Minnesota Statutes 2012, section 53A.06, is amended to read:


53A.06 FINE, SUSPENSION, OR REVOCATION OF LICENSE.

(a) The commissioner may suspend or revoke any license under section 45.027 deleted text beginifdeleted text endnew text begin,
including when
new text end the commissioner finds that:

(1) the licensee has failed to pay the annual license fee or to maintain in effect the
required bond or to comply with any order, decision, or finding of the commissioner
under this chapter;

(2) the licensee, or any officer or director of a corporate licensee, has violated any
provision of this chapter or any rule or order of the commissioner under this chapter
or chapter 45;

(3) the licensee, or any officer or director of a corporate licensee, has violated any
other law which would indicate that the person is untrustworthy or not qualified to operate
a currency exchange; or

(4) any fact or condition exists which, if it had existed at the time of the original or
renewal application for the license, would have warranted the commissioner refusing the
issuance of the license.

deleted text begin (b) A license may not be revoked until the licensee has had notice of a hearing
pursuant to the provisions of chapter 14.
deleted text end

deleted text begin (c)deleted text endnew text begin (b)new text end A licensee may surrender any license by delivery to the commissioner. The
surrender does not affect the licensee's civil or criminal liability for acts committed before
the surrender, or affect the liability on the bond required by sections 53A.01 to 53A.13, or
entitle the licensee to a return of any part of any license fee.

deleted text begin (d)deleted text endnew text begin (c)new text end Before suspension or revocation of the license, the commissioner may fine a
licensee for violations of this chapter as authorized under chapter 45.

Sec. 7.

Minnesota Statutes 2012, 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.

deleted text begin (b) Loans may be interest-bearing or precomputed.
deleted text end

deleted text begin (c) Notwithstanding section 47.59 to the contrary, to compute time on interest-bearing
and precomputed loans, including, but not limited to the calculation of interest, a day is
considered 1/30 of a month when calculation is made for a fraction of a calendar month. A
year is 12 calendar months. A calendar month is that period from a given date in one month
to the same numbered date in the following month, and if there is no same numbered date,
to the last day of the following month. When a period of time includes a whole month and
a fraction of a month, the fraction of a month is considered to follow the whole month.
deleted text end

deleted text begin In the alternative, for interest-bearing loans, a licensee may charge interest at the rate
of 1/365 of the agreed annual rate for each actual day elapsed.
deleted text end

deleted text begin (d) With respect to interest-bearing loans and notwithstanding section 47.59:
deleted text end

deleted text begin (1) Interest must be computed on unpaid principal balances outstanding from time to
time, for the time outstanding. Each payment must be applied first to the accumulated
interest and the remainder of the payment applied to the unpaid principal balance;
provided however, that if the amount of the payment is insufficient to pay the accumulated
interest, the unpaid interest continues to accumulate to be paid from the proceeds of
subsequent payments and is not added to the principal balance.
deleted text end

deleted text begin (2) Interest must not be payable in advance or compounded. However, if part or all of
the consideration for a new loan contract is the unpaid principal balance of a prior loan, then
the principal amount payable under the new loan contract may include any unpaid interest
which has accrued. The unpaid principal balance of a precomputed loan is the balance due
after refund or credit of unearned interest as provided in paragraph (e), clause (3). The
resulting loan contract is deemed a new and separate loan transaction for all purposes.
deleted text end

deleted text begin (e) With respect to precomputed loans and notwithstanding section 47.59 to the
contrary:
deleted text end

deleted text begin (1) Loans must be repayable in substantially equal and consecutive monthly
installments of principal and interest combined, except that the first installment period
may be more or less than one month by not more than 15 days, and the first installment
payment amount may be larger than the remaining payments by the amount of interest
charged for the extra days and must be reduced by the amount of interest for the number
of days less than one month to the first installment payment; and monthly installment
payment dates may be omitted to accommodate borrowers with seasonal income.
deleted text end

deleted text begin (2) Payments may be applied to the combined total of principal and precomputed
interest until the loan is fully paid. Payments must be applied in the order in which they
become due.
deleted text end

deleted text begin (3) If the maturity of the loan is accelerated for any reason and judgment is entered,
the licensee shall credit the borrower with the same refund as if prepayment in full had
been made on the date the judgment is entered.
deleted text end

deleted text begin (4) Following the final installment as originally scheduled or deferred, the licensee,
for any loan contract which has not previously been converted to interest-bearing under
paragraph (g), may charge interest on any balance remaining unpaid, including unpaid
default or deferment charges, at the single annual percentage rate permitted by this
subdivision until fully paid.
deleted text end

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

Sec. 8.

Minnesota Statutes 2012, section 56.14, is amended to read:


56.14 DUTIES OF LICENSEE.

Every licensee shall:

(1) deliver to the borrower (or if there are two or more borrowers to one of them) at
the time any loan is made a statement making the disclosures and furnishing the information
required by the federal Truth-in-Lending Act, United States Code, title 15, sections 1601
to 1667e, as amended from time to time, with respect to the contract of loan. A copy of the
loan contract may be delivered in lieu of a statement if it discloses the required information;

(2) deliver or mail to the borrower without request, a written receipt within 30
days following payment for each payment by coin or currency made on account of any
loan wherein charges are computed and paid on unpaid principal balances for the time
actually outstanding, specifying the amount applied to charges and the amount, if any,
applied to principal, and stating the unpaid principal balance, if any, of the loan; and
wherein precomputed charges have been added to the principal of the loan specifying the
amount of the payment applied to principal and charges combined, the amount applied
to default or extension charges, if any, and stating the unpaid balance, if any, of the
precomputed loan contract. A periodic statement showing a payment received by mail
complies with this clause;

(3) permit payment to be made in advance in any amount on any contract of loan at
any time, but the licensee may apply the payment first to all charges in full at the agreed
rate up to the date of the payment;

(4) upon repayment of the loan in full, mark indelibly every obligation and security,
other than a mortgage or security agreement which secures a new loan to the licensee,
signed by the borrower with the word "Paid" or "Canceled," and release any mortgage
or security agreement which no longer secures a loan to the licensee, restore any pledge,
and cancel and return any note, and any assignment given to the licensee which does not
secure a new loan to the licensee within 20 days after the repayment. For purposes of this
requirement, the document including actual evidence of an obligation or security may be
maintained, stored, and retrieved in a form or format acceptable to the commissioner
under section 46.04, subdivision 3;

(5) display prominently in each licensed place of business a full and accurate
schedule, to be approved by the commissioner, of the charges to be made and the method
of computing the same; furnish a copy of the contract of loan to any person obligated on it
or who may become obligated on it at any time upon the request of that person;

(6) show in the loan contract or statement of loan the rate or rates of charge on which
the charge in the contract is based, expressed in terms of rate or rates per annum. The
rate expression shall be printed in at least 8-point type on the loan statement or copy of
the loan contract given to the borrowerdeleted text begin;deleted text endnew text begin.
new text end

deleted text begin (7) if a payment results in the prepayment of three or more installment payments
on a precomputed loan, within 15 days of receipt of the prepayment, deliver or mail to
the borrower a notice in at least eight-point type. The notice must contain the following
statement:
deleted text end

deleted text begin "You have substantially prepaid the installment payments on your loan and may
experience an interest savings over the remaining term only if you refinance the
balance within the next 30 days."
deleted text end

Sec. 9.

Minnesota Statutes 2012, section 58.115, is amended to read:


58.115 EXAMINATIONS.

The commissioner has under this chapter the same powers with respect to
examinations that the commissioner has under section 46.04deleted text begin, including the authority to
charge for the direct costs of the examination, including travel and per diem expenses
deleted text end.

Sec. 10.

Minnesota Statutes 2012, section 59C.10, subdivision 2, is amended to read:


Subd. 2.

Enforcement authority.

deleted text beginThe commissioner may take action that is
necessary or appropriate to enforce the provisions of this chapter and the commissioner's
rules and orders and to protect warranty holders in this state.
deleted text end The commissioner has the
enforcement authority in chapter 45 available to enforce the provisions of the chapter and
the rules adopted pursuant to it.

Sec. 11.

Minnesota Statutes 2012, section 60A.131, is amended to read:


60A.131 OTHER BUSINESS AND INSURANCE INTERESTS, DISCLOSURE.

(a) If requested by the commissioner, an insurance company authorized to do
business in this state shall disclose to the commissioner any changes in the principal
management and directors of the company from that listed on page one of the annual
statement within ten days of such change.

(b) Every insurance company authorized to do business in this state shall notify the
commissioner within ten days after receipt of notice of any acquisition by any person,
association or corporation of stock or other equity security in said insurer where such
transaction, directly or indirectly, either involves five percent or more of any class of any
equity security of said insurer, or such acquisition results in ownership of five percent or
more of any equity security of said insurer.

(c) All principal management and directors of the company as listed on page one of
its annual statement, and any person, association or corporation or any person or persons
managing such company under a management contract, who are directly or indirectly the
beneficial owners of more than five percent of any class of any equity security of a stock
insurer or guaranty fund of a mutual insurer, shall disclose all other interests in excess
of five percent which they may have in insurance agencies, other insurance companies,
premium finance companies and any other companies whose principal business relates
directly to the writing of insurance or the handling of claims, within 30 days following
May 21, 1967. Any such interests acquired after May 21, 1967, shall be reported to the
commissioner within 30 days deleted text beginafter acquisition thereofdeleted text end.

deleted text begin (d) Every company applying for an initial certificate of authority to do business in this
state shall file with the application a statement giving the information required in paragraph
(c) as to its principal management, directors and affected holders of its equity securities.
deleted text end

Sec. 12.

Minnesota Statutes 2012, section 72B.03, is amended to read:


72B.03 LICENSES.

Subdivision 1.

Requirement; exceptions.

(a) A person shall not act or hold out as
an independent adjusterdeleted text begin,deleted text endnew text begin ornew text end public adjusterdeleted text begin, or public adjuster solicitordeleted text end unless the person
is licensed as an independent adjusterdeleted text begin,deleted text endnew text begin ornew text end public adjusterdeleted text begin, or public adjuster solicitordeleted text end in
accordance with this chapter, or is exempt from licensure as an independent adjusterdeleted text begin,deleted text endnew text begin or
new text end public adjusterdeleted text begin, or public adjuster solicitordeleted text end under this chapter.

(b) The definition of adjuster does not include, and a license as an adjuster is not
required of, the following:

(1) attorneys-at-law admitted to practice in this state, when acting in the attorney's
professional capacity as an attorney;

(2) a person employed solely to obtain facts surrounding a claim or to furnish
technical assistance to a licensed adjuster;

(3) an individual who is employed to investigate suspected fraudulent insurance
claims but who does not adjust losses or determine claims payments;

(4) a person who solely performs executive, administrative, managerial, or clerical
duties or any combination of these duties and who does not investigate, negotiate, or settle
claims with policyholders, claimants, or their legal representative;

(5) a licensed health care provider or its employee who provides managed care
services so long as the services do not include the determination of compensability;

(6) a managed care organization or any of its employees or an employee of any
organization providing managed care services so long as the services do not include the
determination of compensability;

(7) a person who settles only reinsurance or subrogation claims;

(8) an officer, director, manager, or employee of an authorized insurer, a surplus lines
insurer, a risk retention group, or an attorney-in-fact of a reciprocal insurer;

(9) a United States manager of the United States branch of an alien insurer;

(10) a person who investigates, negotiates, or settles life, accident and health,
annuity, or disability insurance claims;

(11) an individual employee, under a self-insured arrangement, who adjusts claims
on behalf of the employee's employer;

(12) a licensed insurance producer, attorney-in-fact of a reciprocal insurer, or
managing general agent of the insurer to whom claim authority has been granted by the
insurer;

(13) a person authorized to adjust workers' compensation or disability claims under
the authority of a third-party administrator license pursuant to section 60A.23, subdivision
8
; or

(14) an individual who:

(i) collects claim information from, or furnishes claim information to, insureds or
claimants; and

(ii) conducts data entry including entering data into an automated claims adjudication
system, provided that the individual is an employee of a licensed independent adjuster or
its affiliate where no more than 25 such persons are under the supervision of one licensed
independent adjuster or licensed insurance producer who is exempt from licensure under
clause (12).

Subd. 2.

Classes of licenses.

(a) Unless denied licensure pursuant to section 72B.08,
persons who have met the requirements of section 72B.041 must be issued an adjuster
license. There shall be deleted text beginfourdeleted text endnew text begin threenew text end classes of licenses, as follows:

(1) independent adjuster's license;

(2) public adjuster's license;new text begin and
new text end

deleted text begin (3) public adjuster solicitor's license; and
deleted text end

deleted text begin (4)deleted text endnew text begin (3)new text end crop hail adjuster's license.

(b) An independent adjuster and a public adjuster may qualify for a license in one or
more of the following lines of authority:

(1) property and casualty; or

(2) workers' compensation; or

(3) crop.

(c) Any person holding a license pursuant to this section is not required to hold any
other independent adjuster, public adjuster, insurance, or self-insurance administrator
license in this state pursuant to section 60A.23, subdivision 8, or any other provision,
provided that the person does not act as an adjuster with respect to life, health, or annuity
insurance, other than disability insurance.

(d) An adjuster license remains in effect unless probated, suspended, revoked, or
refused as long as the fee set forth in section 72B.041, subdivision 9, is paid and all other
requirements for license renewal are met by the due date, otherwise, the license expires.

(e) An adjuster whose license expires may, within 12 months of the renewal date,
be reissued an adjuster license upon receipt of the renewal request, as prescribed by the
commissioner; however, a penalty in the amount of double the unpaid renewal fee is
required to reissue the expired license.

(f) An adjuster who is unable to comply with license renewal procedures and
requirements due to military service, long-term medical disability, or some other
extenuating circumstance may request a waiver of same and a waiver of any examination
requirement, fine, or other sanction imposed for failure to comply with renewal procedures.

(g) An adjuster is subject to sections 72A.17 to 72A.32.

(h) The adjuster must inform the commissioner by any means acceptable of any
change in resident or business addresses for the home state or in legal name within 30
days of the change.

(i) The license must contain the licensee's name, address, and personal identification
number; the dates of issuance and expiration; and any other information the commissioner
deems necessary.

(j) In order to assist in the performance of the commissioner's duties, the
commissioner may contract with nongovernmental entities, including the National
Association of Insurance Commissioners, its affiliates, or its subsidiaries, to perform any
ministerial functions related to licensing that the commissioner may deem appropriate,
including the collection of fees and data.

Subd. 3.

Payment for services; unlawful practice.

No insurer, agent, or other
representative of an insurer nor any adjuster shall pay any fee or other compensation to
any person for acting as an adjuster, deleted text beginor a public adjuster solicitor,deleted text end except to a person
duly licensed to so act or to a person not required to be licensed by sections 72B.01 to
72B.14; and it shall be unlawful for any person to act as an independent adjusterdeleted text begin,deleted text endnew text begin or
new text end a public adjuster deleted text beginor a public adjuster solicitor,deleted text end who is not duly licensed, or excluded
from the licensing requirement.

Sec. 13.

Minnesota Statutes 2012, section 72B.041, subdivision 1, is amended to read:


Subdivision 1.

Application.

(a) An individual applying for a resident adjuster
license must make application to the commissioner on the appropriate National
Association of Insurance Commissioners (NAIC) Uniform Individual Application in
a format prescribed by the commissioner and declare under penalty of suspension,
revocation, or refusal of the license that the statements made in the application are true,
correct, and complete to the best of the individual's knowledge and belief. Before
approving the application, the commissioner must find that the individual:

(1) is at least 18 years of age;

(2) is eligible to designate this state as the individual's home state;

(3) is trustworthy, reliable, and of good reputation, evidence of which must be
determined by the commissioner;

(4) has not committed any act that is a ground for probation, suspension, revocation,
or refusal of an adjuster's license as set forth in section 72B.08;

(5) has successfully passed the examination for the lines of authority for which
the individual has applied; and

(6) has paid the fees set forth in subdivision 9.

deleted text begin An applicant for licensing as a public adjuster solicitor under sections 72B.01 to
72B.14 must be at least 18 years of age, must be competent and trustworthy, and must not
have been engaged in any practice which would be grounds for suspension or revocation
of a license under sections 72B.01 to 72B.14 within the three years next preceding the
date of the application.
deleted text end

deleted text begin In the case of any applicant who has been convicted of a felony within the ten years
next preceding the date of the application, and who in the judgment of the commissioner,
meets the other qualifications, the commissioner may impose the additional requirement of
the filing of a bond in accordance with the requirements of section 72B.08, subdivision 8.
deleted text end

(b) A business entity applying for a resident adjuster license must make application
to the commissioner on the appropriate NAIC Uniform Business Entity Application
in a format prescribed by the commissioner and declare under penalty of suspension,
revocation, or refusal of the license that the statements made in the application are true,
correct, and complete to the best of the business entity's knowledge and belief. Before
approving the application, the commissioner shall find that the business entity:

(1) is eligible to designate this state as its home state;

(2) has designated a licensed independent or public adjuster responsible for the
business entity's compliance with the insurance laws, rules, and regulations of this state;

(3) has not committed an act that is a ground for probation, suspension, revocation,
or refusal of an adjuster's license as set forth in section 72B.08; and

(4) has paid the fees set forth in subdivision 9.

(c) No resident of Canada may be licensed under this section or may designate
Minnesota as the applicant's home state, unless the applicant has successfully passed
the adjuster examination and has complied with the other applicable provisions of this
section, except that such applicant shall not be subject to paragraph (a), clause (2), and
section 270C.72, subdivision 4.

Sec. 14.

Minnesota Statutes 2012, section 72B.08, subdivision 1, is amended to read:


Subdivision 1.

Causes.

The commissioner may place on probation, suspend, revoke,
or refuse to issue or renew an adjuster's license or temporary permit or may levy a civil
penalty according to section 45.027, subdivision 6, or any combination of the above
actions for any of the following causes:

(1) failure to pass a required examination;

(2) obtaining or attempting to obtain a license through misrepresentation or fraud
providing incorrect, misleading, incomplete, or materially untrue information in the
license application;

(3) violating any insurance laws, rules, subpoena, or order of the commissioner or of
another state's insurance commissioner or any provision of sections 72B.01 to 72B.14;

(4) improperly withholding, misappropriating, or converting any money or
properties received in the course of doing insurance business;

(5) intentionally misrepresenting the terms of an actual or proposed insurance
contract or application for insurance, with intent to deceive, or engaging in, or attempting
to engage in, any fraudulent transaction with respect to a claim or loss that the licensee or
holder of a temporary permit is adjusting deleted text beginand, in the case of a public adjuster solicitor,
misrepresenting the services offered or the fees or commission to be charged
deleted text end;

(6) conviction of a felony under the laws of this state, any other state, the United
States, or any foreign country;

(7) the licensee or holder of a temporary permit has demonstrated incompetency or
untrustworthiness to act as an adjuster deleted text beginor public adjuster solicitordeleted text end;

(8) refusal to comply with any lawful order of the commissioner;

(9) having admitted or been found to have committed any insurance unfair trade
practice or fraud;

(10) using fraudulent, coercive, or dishonest practices, or demonstrating
incompetence, untrustworthiness, or financial irresponsibility, in the conduct of insurance
business in this state or elsewhere;

(11) having an insurance license, or its equivalent, probated, suspended, revoked, or
refused in any other state, province, district, or territory;

(12) forging another's name to any document related to an insurance transaction;

(13) cheating, including improperly using notes or any other reference material, to
complete an examination for an insurance license;

(14) failing to comply with an administrative or court order imposing a child support
obligation; or

(15) failing to pay state income tax or comply with any administrative or court order
directing payment of state income tax which remains unpaid.

Sec. 15.

Minnesota Statutes 2012, section 72B.135, subdivision 2, is amended to read:


Subd. 2.

Writing required; notice of right to cancel; notice of cancellation.

(a)
Before entering a contract referred to in subdivision 1, the public adjuster must:

(1) furnish the insured with a statement in boldface type of a minimum size of ten
points, in substantially the following form:

"You, the insured, may cancel this contract at any time within 72 hours after the
contract has been signed between the insured and the public adjuster. See attached notice
of cancellation form for an explanation of this right."; and

(2) furnish each insured, a fully completed form in duplicate, captioned, "NOTICE
OF CANCELLATION," which shall be attached to the contract and easily detachable,
and which shall contain in boldface type of a minimum size of ten points the following
information and statements:

"NOTICE OF CANCELLATION

.
(enter date of contract)

If you do not want to go forward with the contract with the public adjuster, you may
cancel the contract by mailing or delivering a signed and dated copy of this cancellation
notice or any other written noticedeleted text begin, or send a telegramdeleted text end to (Name of Public Adjuster), at
(Address of Public Adjuster's Place of Business) not later than midnight of (Date). If you
cancel, any payments made by you under the contract will be returned within ten business
days following receipt by the public adjuster of your cancellation notice.

I HEREBY CANCEL THIS TRANSACTION.
.
(date)
.
(Insured's signature)"

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment
and applies to contracts entered into on or after that date.
new text end

Sec. 16.

Minnesota Statutes 2012, section 82.63, subdivision 6, is amended to read:


Subd. 6.

Terminations; transfers.

deleted text begin(a) Except as provided in paragraph (b),deleted text end When a
salesperson terminates activity on behalf of a broker, the salesperson's license shall be
ineffective. Within ten days of the termination the broker shall notify the commissioner
in deleted text beginwriting, and shall return to the commissioner the license of the salespersondeleted text endnew text begin the form
prescribed by the commissioner
new text end. The salesperson may apply for transfer of the license
tonew text begin active status withnew text end another broker at any time during the remainder of the license
perioddeleted text begin, on forms provided by the commissioner. If the application for transfer qualifies,
the commissioner shall grant the application. Upon receipt of a transfer application and
payment of the transfer fee, the commissioner may issue a 45-day temporary license
deleted text end. If
an application for transfer is not made within the license period, the commissioner shall
require that an application for a new license be filed.

deleted text begin (b) When a salesperson terminates activity on behalf of a broker in order to begin
association immediately with another broker, the commissioner shall permit the automatic
transfer of the salesperson's license. The transfer shall be effective either upon the mailing
of the required fee and the executed documents by certified mail or upon personal delivery
of the fee and documents to the commissioner's office. The commissioner may adopt rules
and prescribe forms as necessary to implement this paragraph.
deleted text end

Sec. 17.

Minnesota Statutes 2012, section 82A.03, is amended to read:


82A.03 REGISTRATION REQUIREMENT.

It is unlawful for any person to offer or sell a membership camping contract in this
state deleted text beginunless:deleted text endnew text begin without meeting the requirements of this chapter.
new text end

deleted text begin (1) the membership camping contract is registered in accordance with the provisions
of this chapter; or
deleted text end

deleted text begin (2) the membership camping contract or the transaction is exempted under section
82A.06.
deleted text end

Sec. 18.

Minnesota Statutes 2012, section 82A.09, subdivision 2, is amended to read:


Subd. 2.

Restrictions.

No person shall publish or cause to be published in this state
any advertisement concerning any membership camping contract deleted text beginwhich is required to be
registered pursuant to this chapter, or which is exempt from registration under section
82A.06, subdivision 2,
deleted text end after the commissioner has found that the advertisement contains
any statement that is false or misleading, or omits to make any statement necessary in
order to make the statements made, in light of the circumstances under which they were
made, not misleading, and has so notified the person by written order. The order may be
issued without prior notice or hearing. Up to 30 days after the issuance of the order, the
person desiring to use the advertisement may in writing request a hearing on the order.
Upon receipt of a written request, the matter shall be set for hearing to commence within
15 days after the receipt unless the person making the request consents to a later date.
After the hearing, which shall be conducted in accordance with the provisions of chapter
14, the commissioner shall, by written order, either affirm, modify, or vacate the order.

Sec. 19.

Minnesota Statutes 2012, section 82A.10, is amended to read:


82A.10 INSPECTION OF RECORDS.

All records of a membership camping operator and broker and their agents pertaining
to the advertising or sale of membership camping contracts in this state shall be maintained
by the membership camping operator or broker at that person's principal place of business
and shall there be subject to inspection by the commissioner during normal business hours.
deleted text beginThe commissioner shall be promptly notified of any change of address affecting the location
of the records of the membership camping operator or broker and that person's agents.
deleted text end

Sec. 20.

Minnesota Statutes 2012, section 82A.111, subdivision 2, is amended to read:


Subd. 2.

Membership camping dues.

A membership camping operator or the
operator's salesperson shall deposit all membership dues received in an escrow account in a
Minnesota bank, trust company, or savings association, a foreign bank which authorizes the
commissioner to examine its records of these deposits upon demand by the commissioner,
or an industrial loan and thrift company organized under chapter 53 with deposit liabilities.
deleted text beginIn any calendar year, total dues to be deposited in the escrow may not exceed an amount
approved by the commissioner as reasonably needed for that calendar year's maintenance
budget submitted by the operator.
deleted text end The operator may draw funds from the escrow as
needed provided that funds are expended for purposes identified by the budget.

Sec. 21.

Minnesota Statutes 2012, section 82A.12, subdivision 1, is amended to read:


Subdivision 1.

Generally.

The commissioner may issue a cease and desist order
and may issue an order denying, suspending, or revoking any registration, amendment
renewal, or exemption if the commissioner finds any of the following:

(1) that the membership camping operator or registrant or any controlling person
thereof has materially or intentionally violated or failed to comply with any provision of
this chapter or any rule or order of the commissioner;

(2) that the offer or sale of the membership camping contract has constituted or
would constitute a material misrepresentation to purchasers, or has operated or would
operate as a fraud or deceit upon purchasers;

(3) that the membership camping operator or registrant or any controlling person,
agent, or employee thereof, is engaging or about to engage in false, fraudulent, or deceptive
practices in connection with the offer and sale of a membership camping contract;

(4) that the membership camping operator or registrant or any controlling person or
employee thereof, has engaged in any fraudulent or deceptive practice, whether or not in
connection with the offer and sale of membership camping contracts, and the involvement
of the person in the business of the membership camping operator or registrant creates a
substantial risk of harm to prospective purchasers;

(5) that the financial condition of the membership camping operator materially
adversely affects, or would materially adversely affect, the ability of the membership
camping operator such that there is a reasonable likelihood that the membership camping
operator will not be able to substantially fulfill its obligations under the membership
camping contract, and no other financial security or assurance is provided by the
membership camping operator to fulfill the obligations;

(6) that the membership camping operator's or registrant's enterprise or method of
business with respect to the operation of a campground in this state includes or would
include activities which are illegal or not in conformance with applicable statutes,
ordinances, or regulations of any governmental entity;new text begin and
new text end

deleted text begin (7) that the membership camping operator or registrant or any controlling person
thereof has made material misrepresentations or concealed material facts in an application
for registration;
deleted text end

deleted text begin (8) that any fee required by this chapter to be paid by the operator or registrant has
not been paid; and
deleted text end

deleted text begin (9)deleted text endnew text begin (7)new text end that the membership camping operator or controlling person, agent, or
employee thereof, has failed faithfully to perform any stipulation or agreement made with
the commissionerdeleted text begin as an inducement to grant any registration, to reinstate any registration,
or to permit any disclosure statement; provided, however, that this clause shall not be
deemed to require any stipulations or agreements
deleted text end.

Sec. 22.

Minnesota Statutes 2013 Supplement, section 82A.13, subdivision 1, is
amended to read:


Subdivision 1.

Untrue statements filed in documents.

No person shall make
or cause to be made any untrue statement of a material fact in an application or other
document filed with the commissioner deleted text beginunder this chapter, or omit to state in the application
or other document any material fact which is required to be stated therein, or fail to notify
the commissioner of any material change as required by section 82A.07
deleted text end.

Sec. 23.

Minnesota Statutes 2012, section 82A.14, is amended to read:


82A.14 UNFAIR PRACTICES.

No membership camping operator shall:

(1) sell or offer to sell any membership camping contract with respect to a
campground located in this state which is subject to a blanket encumbrance unless;

(i) each person holding an interest in a blanket encumbrance shall have executed
and delivered a nondisturbance agreement and recorded the agreement in the real estate
records of the county in which the campground is located; or

(ii) a bond or irrevocable letter of credit has been issued, or cash or a certified check in
an amount sufficient to cover payment of all amounts secured by the blanket encumbrance
has been deposited, in the name of the state for the benefit and protection of purchasers of
membership camping contracts and subject to terms as approved by the commissioner.
Any interest accruing on amounts held in the account shall be payable, as and when
earned, to the membership camping operator. Any bond shall be executed by an insurance
company authorized to do business in this state, which has sufficient net worth to satisfy
the indebtedness and which has given consent to be sued in this state. Any irrevocable
letter of credit shall be issued by a bank or savings association which has sufficient net
worth to satisfy the indebtedness and which has given its consent to be sued in this state.
The bond, cash, certified check, or irrevocable letter of credit shall be in an amount which
is not less than 110 percent of the remaining principal balance of every indebtedness or
obligation secured by a blanket encumbrance affecting the campground. The bond or
agreement accompanying the cash, certified check, or irrevocable bank letter of credit shall
provide for the payment of all amounts secured by the blanket encumbrance, including
costs, expenses, and legal fees of the lienholder, if for any reason the blanket encumbrance
is enforced. The bond, cash, certified check, or letter of credit may be reduced periodically
in proportion to the reductions in the amount secured by the blanket encumbrance; or

(iii) the lender providing the major hypothecation loan to the membership camping
operator (the "hypothecation lender"), and having a lien on or security interest in the
membership camping operator's interest in the campground, shall have executed and
delivered a nondisturbance agreement and recorded the agreement in the real estate records
of the county in which the campground is located in this state. Each person holding an
interest in a blanket encumbrance superior to the interest held by the hypothecation lender
shall have executed, delivered, and recorded an instrument stating that the person shall
give the hypothecation lender notice of, and at least 30 days' opportunity to cure, any
default under the blanket encumbrance which entitles the person to foreclose upon the
campground. The instrument shall state that the notice and opportunity to cure shall be
given before the person commences any foreclosure action affecting the campground and
in accordance with the instrument. The hypothecation lender shall have guaranteed that
it will cure or arrange for the cure of the default. Any holder of a blanket encumbrance
inferior to the hypothecation lender who acquires the campground in foreclosure shall
take the campground subject to the hypothecation lender's nondisturbance agreement.
For purposes of this provision, a "hypothecation lender" is any lender extending a loan
or line of credit to a membership camping operator secured by all or substantially all
of the contract receivables arising from the membership camping operator's sale of
membership camping contracts in this state. For purposes of this provision, "lender"
means an insurance company or a federally or state chartered bank, savings association,
any other lending institution, the deposits of which are guaranteed or insured, by a federal
agency, or any other person which has sufficient net worth to pay the obligations pursuant
to this section if there are no reasonable grounds to believe that the lender will not be able
to pay these obligations in the future; deleted text beginor
deleted text end

deleted text begin (iv) the operator can provide an alternative plan acceptable to the commissioner;
deleted text end

(2) sell any campground which is located in this state and available for use by
purchasers, unless:

(i) the membership camping operator sells the campground to a person who takes
the campground subject to all rights and interests of purchasers, and contractually agrees
not to compromise the rights and interests of purchasers in regard to future conveyances
of, or encumbrances placed on the campground;

(ii) the membership camping operator immediately substitutes for the use of
purchasers another campground which is in the same general area and is at least as
desirable for the purpose of camping and outdoor recreation as the previous campground.
For purposes of this provision, "same general area" means a location within a 50-mile
radius of the previous campground; or

(iii) the membership camping operator immediately substitutes for the use of
purchasers another campground and the substitution is approved by two-thirds of all
existing purchasers;

(3) substitute any campground located in this state and available for use by
purchasers with a different campground, unless the substituted campground is in the same
general area and is at least as desirable for the purpose of camping and outdoor recreation
as the previous campground. For purposes of this provision, "same general area" means a
location within a 50-mile radius of the previous campground;

(4) sell membership camping contracts with respect to any campground located
in this state that is not owned by the membership camping operator or leased by the
membership camping operator for a lease term at least equal to the term of the membership
camping contract with respect to the campground;

(5) fail to disclose the circumstances, if any, under which any reciprocal program
that has been offered as an inducement to purchasers may be terminated;

(6) materially modify any campground rules or regulations or modify purchasers'
rights to or the scope and nature of an amenity in a manner which significantly degrades or
diminishes the material rights of any purchaser without prior notice to purchasers resident
in this state; or materially adversely modify any material campground rules or regulations
or materially adversely modify purchaser's rights to or the scope and nature of an amenity
in a manner which the purchaser proves:

(i) significantly degrades or diminishes any material rights of that purchaser; and

(ii) has no compensating benefit to any other purchaser or groups of purchasers;

(7) terminate or provide for termination of a membership camping contract, except
for good cause. "Good cause" shall mean failure of the purchaser to substantially or
consistently comply with reasonable requirements imposed by the membership camping
contract and campground rules and regulations;

(8) terminate a membership camping contract without first giving written notice
setting forth all reasons for the termination to the purchaser at least 30 days prior to the
termination becoming effective;

(9) increase a purchaser's membership dues after the sale of a contract in such
a manner as to result in an increase thereof greater than whichever of the following
increases is higher:

(i) the actual increase in costs of services or improvements for which the membership
dues are imposed; or

(ii) the increase in the United States city average Consumer Price Index for all
urban consumers issued by the United States Bureau of Labor Statistics or such other
federally prepared Consumer Price Index or Wage Earner Index as reasonably selected
by the operator in its discretion;

(10) require purchaser to certify the absence of any misrepresentation or other
violation of this chapter provided, however, that a purchaser's acknowledgment of receipt
of a copy of the membership camping contract shall not be deemed to constitute such
a certification;

(11) require the purchaser to waive the right to assert against the membership
camping operator or any assignee any claim or defense the purchaser may have against the
membership camping operator under the membership camping contract; or

(12) materially and repeatedly fail to maintain a campground in this state in the
manner contractually agreed upon.

Sec. 24.

Minnesota Statutes 2012, section 82A.22, subdivision 2, is amended to read:


Subd. 2.

Appointment of commissioner.

When any person, including any
nonresident of this state, engages in conduct prohibited or made actionable by this chapter,
or any rule or order thereunder, deleted text beginand the person has not filed a consent to service of process
under subdivision 1
deleted text end and personal jurisdiction over this person cannot otherwise be obtained
in this state, that conduct shall be considered equivalent to the person's appointment of
the commissioner or the commissioner's successor to be the person's attorney to receive
service of any lawful process in any noncriminal suit, action, or proceeding against the
person which grows out of that conduct and which is brought under this chapter or any rule
or order thereunder, with the same force and validity as if served on the person personally.
Service under this section shall be made in compliance with section 45.028, subdivision 2.

Sec. 25.

Minnesota Statutes 2012, section 82A.25, is amended to read:


82A.25 CRIMINAL PENALTIES.

Any person who willfully violates deleted text beginsection 82A.03 by offering or selling unregistered,
nonexempt membership camping contracts or
deleted text end section 82A.13 or any order of the
commissioner pursuant thereto of which that person has notice, may be fined not more
than $5,000 or imprisoned not more than five years or both. Each of the acts specified
shall constitute a separate offense and a prosecution or conviction for any one of the
offenses shall not bar prosecution or conviction for any other offense.

Sec. 26.

Minnesota Statutes 2012, section 82A.26, is amended to read:


82A.26 NONAPPLICABILITY OF CERTAIN LAW.

Membership camping contracts registered pursuant to this chapter are exempt
from the provisions of chapter 83. To the extent that deleted text beginlicenseddeleted text end salespersons and licensed
brokers engage in the offer or sale of membership camping contracts, those brokers and
salespersons are exempt from the licensing requirements of chapter 82.

Sec. 27.

Minnesota Statutes 2012, section 83.26, subdivision 2, is amended to read:


Subd. 2.

Generally; transactions.

Unless the method of offer or sale is adopted
for the purpose of evasion of sections 83.20 to 83.42, 83.43 and 83.44, the following
transactions are exempt from sections 83.23, 83.24, 83.25, 83.28, 83.29, and 83.30:

(a) the offer or sale of an interest in subdivided land by an owner, other than the
subdivider, acting as principal in a single or isolated transaction;

(b) the offer or sale of all of the subdivided lands within a subdivision in a single
transaction to any person;

(c) the offer or sale of subdivided land pursuant to an order of competent jurisdiction,
other than a court of bankruptcy;

(d) the offer or sale of subdivided land consisting of not more than ten separate lots,
units, parcels, or interests in the aggregate, provided that no subdivider may make an
offer or sale of subdivided land pursuant to this exemption more than once during any
period of 12 consecutive months;

(e) the offer or sale of subdivided lands which have been registered under section
83.23, subdivision 2, if there are no more than ten separate lots, units, parcels, or interests
remaining to be sold and no material change has occurred in the information on file with
the commissioner;

(f) the offer and sale of subdivided land located within the corporate limits of a
municipality as defined in section 462.352, subdivision 2, which municipality has adopted
subdivision regulations as defined in section 462.352, except those lands described in
section 83.20, subdivision 13;

(g) the offer and sale of apartments or condominium units as defined in chapters 515
and 515A, and units in common interest communities as defined in chapter 515B;

(h) the offer and sale of subdivided lands used primarily for agricultural purposes
provided each parcel is at least ten acres in size;

(i) the offer or sale of improved lots if:

(1) the subdivider has filed with the commissioner, no later than ten business days
prior to the date of the first sale, a written notice of its intention to offer or sell improved
lots, which notice shall be accompanied by a fee of $50, together with a copy of the public
offering statement accepted by the situs state and the standard purchase agreement which
documents are required to be supplied by the subdivider to the purchaser; and

(2) the subdivider deposits all downpayments in an escrow account until all
obligations of the subdivider to the purchaser, which are pursuant to the terms of the
purchase agreement to be performed prior to the closing, have been performed. The
subdivider shall provide the purchaser with a purchase receipt for the downpayment paid,
a copy of the escrow agreement and the name, address, and telephone number of the
escrow agent. The escrow agent shall be a bank located in Minnesota. All downpayments
shall be deposited in the escrow account within two business days after receipt; and

(j) the offer of sale of subdivided lands by a subdivider that has been granted
an exemption from registration by the federal Department of Housing and Urban
Development under the multiple site subdivision exemption, if the subdivider provides a
written notice of the offer of sale to the commissioner before any offers or sale commence.

The written notice must include the name of the subdivision, the county and state
in which the subdivision is located, and the number of lots in the subdivision, and a
notarized affidavit that all proposed improvements have been completed and the costs of
all the improvements have been fully paid, or that the cost of any uncompleted road
construction or survey expenses are covered by a bond or escrow account payable to the
entities responsible for providing or completing the roads or surveys. The escrow account
must be with an independent escrow agent.

The subdivider must also provide to the commissioner a copy of the federal Housing
and Urban Development exemption order and the most recent annual confirmation letter
which indicates that the order is still in effect.

If the closing services are provided by the subdivider or an affiliate of the subdivider,
purchasers must manually initial in the Housing and Urban Development Lot Information
Statement both the disclosure on all the liens, reservations, taxes, assessments, easements,
and restrictions applicable to the lot purchased and the disclosure on the risks of not
obtaining clear title.

The commissioner may, by rule or order, suspend, revoke, or further condition the
exemptions contained in clauses (f), (g), (h), (i), and (j), or may require such further
information as may be necessary for the protection of purchasers.

deleted text begin The commissioner may by rule or order suspend, revoke, or further condition
the exemptions contained in clauses (f), (g), (h), and (i) or may require such further
information as may be necessary for the protection of purchasers.
deleted text end

Sec. 28.

Minnesota Statutes 2012, section 83.30, subdivision 1, is amended to read:


Subdivision 1.

Form; due date.

During the period a registration is effective, the
subdivider shall file an annual report in a format the commissioner may by rule prescribe
new text begin for subdivisions under section 83.23, subdivision 3. Subdividers under section 83.23,
subdivision 2, shall not be required to file the annual report form except by order of the
commissioner but are required to submit the fee under section 83.30, subdivision 2
new text end. deleted text beginThe
report must include a financial statement of the subdivider's most recent fiscal year,
prepared by an accountant and certified by the subdivider. An audited financial statement
shall not be required.
deleted text end Every annual report shall be due by the 120th day following the end of
the subdivider's fiscal year, unless extended in writing by the commissioner for good cause.

Sec. 29.

Minnesota Statutes 2012, section 216C.03, is amended to read:


216C.03 STATE GOVERNMENT ENERGY-SAVINGS PLAN.

The commissioner of commerce, in coordination with the commissioners of the
agencies listed in section 15.01, the chancellor of the Minnesota State Colleges and
Universities, and the president of the University of Minnesota, shall identify policy options,
barriers, and economic benefits and costs for state government operations to achieve the
energy-savings goals in section 216B.2401 and the resulting carbon emissions reductions.
deleted text beginThe commissioner of commerce must issue a report to the legislature by February 1, 2008.
deleted text end

Sec. 30.

Minnesota Statutes 2013 Supplement, section 237.036, is amended to read:


237.036 COIN-OPERATED OR PUBLIC PAY TELEPHONES.

(a) Neither commission approval nor a commission certificate is required to:

(1) site a coin-operated or public pay telephone in the state; or

(2) implement changes in service, services offered, rates, or location regarding a
coin-operated or public pay telephone. Registration under section 237.64 is required to
own or operate a coin-operated or public pay telephone in the state.

(b) This section does not change the authority of other state or local government
entities to regulate aspects of coin-operated or public pay telephone ownership, location,
or operation; however, an entity may not regulate aspects of these services that it did not
regulate prior to May 26, 1999. The commission shall retain the authority delegated to
it under federal and state law to protect the public interest with regard to coin-operated
or public pay telephones.

(c) Owners and operators of coin-operated or public pay telephones are exempt from
sections 237.06, 237.07, 237.075, 237.09, 237.23, 237.295, deleted text beginand 237.39deleted text end and the annual
reporting requirement of section 237.11.

(d) Owners of coin-operated or public pay telephones shall:

(1) provide immediate coin-free access, to the extent technically feasible, to 911
emergency service or to another approved emergency service; and

(2) provide free access to the telecommunications relay service for people with
communication disabilities.

(e) Owners of coin-operated or public pay telephones must post at each coin-operated
or public pay telephone location:

(1) customer service and complaint information, including the name, address, and
telephone number of the owner of the coin-operated or public pay telephone and the
operator service handling calls from the coin-operated or public pay telephone; a toll-free
number of the appropriate telephone company for the resolution of complaints; and the
toll-free number of the public utilities commission; and

(2) a toll-free number at which consumers can obtain pricing information regarding
rates, charges, terms, and conditions of local and long-distance calls.

Sec. 31.

Minnesota Statutes 2012, section 237.04, is amended to read:


237.04 WIRE CROSSING OR PARALLELING UTILITY LINE; RULES.

(a) The department deleted text beginshall determine and promulgate reasonable rules covering the
maintenance and operation, also the nature, location, and character of the construction to
be used, where telephone, telegraph, electric light, power, or other electric wires of any
kind, or any natural gas pipelines, cross, or more or less parallel the lines of any railroad,
or any other similar public service corporation; and, to this end, shall formulate and from
time to time, issue general rules covering each class of construction, maintenance, and
operation of such telephone, telegraph, telecommunications, cable, fiber optic, electric
wire, or natural gas pipeline crossing, or paralleling, under the various conditions existing;
and the department
deleted text end, upon the complaint of any person, railroad, municipal utility,
cooperative electric association, telephone company, telecommunications carrier, cable
company, fiber optic carrier, or other public utility claiming to be injuriously affected or
subjected to hazard by any deleted text beginsuchdeleted text end crossing or parallelingnew text begin of thenew text end linesnew text begin of any railroad or other
similar public service corporation,
new text end constructed or about to be constructed, shall, after a
hearing, make such order and prescribe such terms and conditions for the construction,
maintenance, and operation of the lines in question as may be just and reasonable.

(b) The department may, upon request of any municipal utility, electric cooperative
association, public utility, telephone company, telecommunications carrier, cable
company, or fiber optic carrier determine the just and reasonable charge which a railroad,
or owner of an abandoned railroad right-of-way, other than the state or a regional railroad
authority, can prescribe for a new or existing crossing of a railroad right-of-way by any
telephone, telegraph, telecommunications, cable, fiber optic, electric, or gas line, or new
or existing telephone, telegraph, telecommunications, cable, fiber optic, electric, or gas
line more or less paralleling a railroad right-of-way, based on the diminution in value
caused by the crossing or paralleling of the right-of-way by the telephone, telegraph,
telecommunications, cable, fiber optic, electric, or gas line. This section shall not be
construed to eliminate the right of a public utility, municipal utility, or electric cooperative
association to have any of the foregoing issues determined pursuant to an eminent domain
proceeding commenced under chapter 117. Unless the railroad, or owner of an abandoned
railroad right-of-way, other than the state or a regional railroad authority, asserts in writing
that the proposed crossing or paralleling is a serious threat to the safe operations of the
railroad or to the current use of the railroad right-of-way, a crossing can be constructed
following filing of the requested action with the department, pending review of the
requested action by the department.

(c) The department shall assess the cost of reviewing the requested action, and of
determining a just and reasonable charge, equally among the parties.

(d) For the purposes of this section, "parallel" or "paralleling" means that the
relevant utility facilities run adjacent to and alongside the lines of a railroad for no more
than one mile, or another distance agreed to by the parties, before the utility facilities cross
the railroad lines, terminate, or exit the railroad right-of-way.

Sec. 32.

Minnesota Statutes 2012, section 237.14, is amended to read:


237.14 RATE FOR SERVICE TO OFFICER.

A telephone company may furnish service free or at reduced rates to its officers,
agents, or employees in furtherance of their employment, but it shall charge full schedule
rates without discrimination for all other services. deleted text beginNothing herein shall release any
telephone company from carrying out any contract now existing between it and any
municipality for the furnishing of any service free or at reduced rates. Any contract for
telephone service, at discriminatory rates, other than those with municipalities, shall be
terminated by the company as soon as the same becomes terminable by its terms.
deleted text end

Sec. 33.

Minnesota Statutes 2012, section 237.16, subdivision 8, is amended to read:


Subd. 8.

Rules.

(a) deleted text beginBefore August 1, 1997,deleted text end The commission shall adopt rules
applicable to all telephone companies and telecommunications carriers required to obtain
or having obtained a certificate for provision of telephone service using any existing
federal standards as minimum standards and incorporating any additional standards
or requirements necessary to ensure the provision of high-quality telephone services
throughout the state. The rules must, at a minimum:

(1) define procedures for competitive entry and exit;

(2) require the provisions of equal access and interconnection with the company's
network and other features, functions, and services which the commission considers
necessary to promote fair and reasonable competition;

(3) require unbundling of network services and functions to at least the level required
by existing federal standards;

(4) prescribe, if necessary, methods of reciprocal compensation between telephone
companies;

(5) provide for local telephone number portability;

(6) prescribe appropriate regulatory standards for new local telephone service
providers, that facilitate and support the development of competitive services;

(7) protect against cross-subsidization, unfair competition, and other practices
harmful to promoting fair and reasonable competition;

(8) prescribe methods for the preservation of universal and affordable local
telephone services;

(9) prescribe standards for quality of service;

(10) provide for the continued provision of local emergency telephone services
under chapter 403; and

(11) protect residential and commercial customers from unauthorized changes in
service providers in a competitively neutral manner.

(b) deleted text beginBefore January 1, 1998, in a separate rulemaking,deleted text end The commission shall adopt
separate rules regarding the issues described in paragraph (a), clauses (1) to (11), as may
be appropriate to provision of competitive local telephone service in areas served by
telephone companies with less than 50,000 subscribers deleted text beginoriginally certified to provide local
telephone services before January 1, 1988
deleted text end.

Sec. 34.

Minnesota Statutes 2013 Supplement, section 237.16, subdivision 9, is
amended to read:


Subd. 9.

Universal service fund.

The commission shall establish and require
contributions to a universal service fund, to be supported by all providers of telephone
services, whether or not they are telephone companies under section 237.01, including, but
not limited to, local telephone companies, independent telephone companies, cooperative
telephone companies, municipal telephone companies, telecommunications carriers,
radio common carriers, personal communication service providers, and cellular carriers.
Services that should be considered for inclusion as universal include, at a minimum,
single-party service including access, usage and touch-tone capability; line quality
capable of carrying facsimile and data transmissions; equal access; emergency services
number capability; statewide telecommunications relay service for people with hearing
loss; and blocking of long-distance toll services. The fund must be administered and
distributed in accordance with rules adopted by the commission and designed to preserve
the availability of universal service throughout the state. Any state universal service fund
must be coordinated with any federal universal service fund and be consistent with section
254(b)(1) to (5) of the federal Telecommunications Act of 1996, Public Law 104-104. deleted text beginThe
department shall make recommendations to the legislature by January 1, 1996, regarding a
plan for contributions to and expenditures from the universal service fund. In particular,
the department shall address the following issues:
deleted text end

deleted text begin (1) what additional services should be included in the basic set of essential telephone
services which the state should encourage in its mandate to ensure universal service;
deleted text end

deleted text begin (2) whether and how expenditures from the fund should be used to ensure citizens
access to local government and other public access programming; and
deleted text end

deleted text begin (3) whether expenditures from the fund should be used to encourage construction
of infrastructure for, and access to, advanced services, especially in high-cost areas of
the state, and, if the commission determines the fund should be used for this purpose, a
plan to accomplish these goals.
deleted text end

Sec. 35.

Minnesota Statutes 2012, section 237.16, subdivision 12, is amended to read:


Subd. 12.

Extension of interexchange facility.

In order to promote the
development of competitive interexchange services and facilities, any interexchange
facility that is owned by a certified telephone company, independent telephone company,
telecommunications carrier or an affiliate and that is used to provide service to customers
located in areas for which it has been previously certified to provide service may be
extended to meet and interconnect with the facility of another telephone company, small
telephone company, or telecommunications carrier, whether at a point inside or outside
of its territories, without further proceeding, order, or determination of current or future
public convenience and necessity, upon mutual consent with the other telephone company,
small telephone company, or telecommunications carrier whose facilities will be met and
interconnected. Written notice of the extension and interconnection must be provided to
the Public Utilities Commission and Department of Public Safety within 30 days after
completion. The written notice must be served on allnew text begin incumbentnew text end local exchange companies
deleted text begincertified before January 1, 1988,deleted text end in all areas where the facilities are located.

Sec. 36.

Minnesota Statutes 2012, section 237.164, is amended to read:


237.164 UNIVERSAL SERVICE DISCOUNT FOR SCHOOL OR LIBRARY.

The commission shall establish intrastate service discounts for schools and libraries
by order to the extent deleted text beginand within the time framedeleted text end necessary to enable schools and libraries
to deleted text beginbegin receivingdeleted text endnew text begin receivenew text end federally supported discounts deleted text beginat the earliest date permitted by
the Federal Communications Commission
deleted text end.

Sec. 37.

Minnesota Statutes 2012, section 237.17, is amended to read:


237.17 EXTENSION OF LONG-DISTANCE LINE.

Any telephone company may extend its long-distance lines into or through any city
of this state for the furnishing of long-distance service only, subject to deleted text beginthe regulation of
the governing body of such city relative to the location of the poles and wires and the
preservation of the safe and convenient use of such streets and alleys to the public
deleted text endnew text begin sections
237.162 and 237.163
new text end.

Sec. 38.

Minnesota Statutes 2012, section 237.30, is amended to read:


237.30 TELEPHONE INVESTIGATION FUND; APPROPRIATION.

deleted text begin The sum of $25,000 is hereby appropriated out of any moneys in the state treasury
not otherwise appropriated, to establish and provide a revolving fund to be known as the
deleted text end new text beginA new text endMinnesota Telephone Investigation Fundnew text begin shall existnew text end for the use of the Department of
Commerce and of the attorney general in investigations, valuations, and revaluations
under section 237.295. All sums paid by the telephone companies to reimburse the
department for its expenses pursuant to section 237.295 shall be credited to the revolving
fund and shall be deposited in a separate bank account and not commingled with any other
state funds or moneys, but any balance in excess of $25,000 in the revolving fund at the
end of each fiscal year shall be paid into the state treasury and credited to the general fund.
deleted text beginThe sum of $25,000 herein appropriated anddeleted text end All subsequent credits to said revolving fund
shall be paid upon the warrant of the commissioner of management and budget upon
application of the department or of the attorney general to an aggregate amount of not
more than one-half of such sums to each of them, which proportion shall be constantly
maintained in all credits and withdrawals from the revolving fund.

Sec. 39.

Minnesota Statutes 2012, section 237.46, is amended to read:


237.46 GROSS MISDEMEANOR VIOLATION.

Any telephone companynew text begin or telecommunications carriernew text end and, if it be a corporation,
the officers thereof, violating any provisions of deleted text beginsections 237.01 to 237.27,deleted text endnew text begin this chapter
new text end shall be guilty of a gross misdemeanor.

Sec. 40.

Minnesota Statutes 2012, section 237.491, is amended to read:


237.491 COMBINED PER NUMBER FEE.

Subdivision 1.

Definitions.

(a) The definitions in this subdivision apply to this
section.

(b) "911 emergency and public safety communications program" means the program
governed by chapter 403.

(c) "Minnesota telephone number" means a ten-digit telephone number being used
to connect to the public switched telephone network and starting with area code 218, 320,
507, 612, 651, 763, or 952, or any subsequent area code assigned to this state.

(d) "Service provider" means a provider doing business in this state who provides
real-time, two-way voice service with a Minnesota telephone number.

(e) "Telecommunications access Minnesota program" means the program governed
by sections 237.50 to 237.55.

(f) "Telephone assistance program" means the program governed by sections 237.69
to deleted text begin237.711deleted text endnew text begin 237.71new text end.

Subd. 2.

Per number fee.

(a) deleted text beginBy January 15, 2006, the commissioner of commerce
shall report to the legislature and to the senate Committee on Jobs, Energy and Community
Development and the house of representatives Committee on Regulated Industries,
recommendations for the amount of and method for assessing a fee that would apply to
each service provider based upon the number of Minnesota telephone numbers in use by
current customers of the service provider.
deleted text end The fee deleted text beginwoulddeleted text end new text beginshallnew text end be set at a level calculated
to generate only the amount of revenue necessary to fund:

(1) the telephone assistance program and the telecommunications access Minnesota
program at the levels established by the commission under sections 237.52, subdivision
2
, and 237.70; and

(2) the 911 emergency and public safety communications program at the levels
appropriated by law to the commissioner of public safety and the commissioner of
management and budget for purposes of sections 403.11, 403.113, 403.27, 403.30, and
403.31 for each fiscal year.

(b) The recommendations must include any changes to Minnesota Statutes necessary
to establish the procedures whereby each service provider, to the extent allowed under
federal law, would collect and remit the fee proceeds to the commissioner of revenue. The
commissioner of revenue would allocate the fee proceeds to the three funding areas in
paragraph (a) and credit the allocations to the appropriate accounts.

deleted text begin (c) The recommendations must be designed to allow the combined per telephone
number fee to be collected beginning July 1, 2006. The per access line fee used to collect
revenues to support the TAP, TAM, and 911 programs remains in effect until the statutory
changes necessary to implement the per telephone number fee have been enacted into
law and taken effect.
deleted text end

deleted text begin (d) As part of the process of developing the recommendations and preparing the
report to the legislature required under paragraph (a), the commissioner of commerce
must, at a minimum, consult regularly with the Departments of Public Safety, Management
and Budget, and Administration, the Public Utilities Commission, service providers,
the chairs and ranking minority members of the senate and house of representatives
committees, subcommittees, and divisions having jurisdiction over telecommunications
and public safety, and other affected parties.
deleted text end

Sec. 41.

Minnesota Statutes 2012, section 237.69, subdivision 1, is amended to read:


Subdivision 1.

Scope.

The terms used in sections 237.69 to deleted text begin237.711deleted text endnew text begin 237.71new text end have
the meanings given them in this section.

Sec. 42.

Minnesota Statutes 2012, section 237.69, subdivision 15, is amended to read:


Subd. 15.

Income.

For purposes of sections 237.69 to deleted text begin237.711deleted text endnew text begin 237.71new text end, "income"
has the meaning given it in section 290A.03, subdivision 3.

Sec. 43.

Minnesota Statutes 2012, section 237.69, subdivision 16, is amended to read:


Subd. 16.

Telephone assistance plan.

"Telephone assistance plan" means the plan
to be adopted by the commission and to be jointly administered by the commission, the
Department of Human Services, and the telephone companies, as required by sections
237.69 to deleted text begin237.711deleted text endnew text begin 237.71new text end.

Sec. 44.

Minnesota Statutes 2012, section 237.71, is amended to read:


237.71 TAP RULES.

The commission shall adopt rules under the Administrative Procedure Act necessary
or appropriate to deleted text beginestablishdeleted text endnew text begin administernew text end the telephone assistance plan in accordance with
this chapter deleted text beginso that the telephone assistance plan is effective as of January 1, 1988, or as
soon after that date as Federal Communications Commission approval of the telephone
assistance plan is obtained
deleted text end.

Sec. 45.

Minnesota Statutes 2012, section 239.011, subdivision 2, is amended to read:


Subd. 2.

Duties and powers.

To carry out the responsibilities in section 239.01
and subdivision 1, the director:

(1) shall take charge of, keep, and maintain in good order the standard of weights
and measures of the state and keep a seal so formed as to impress, when appropriate, the
letters "MINN" and the date of sealing upon the weights and measures that are sealed;

(2) has general supervision of the weights, measures, and weighing and measuring
devices offered for sale, sold, or in use in the state;

(3) shall maintain traceability of the state standards to the national standards of the
National Institute of Standards and Technology;

(4) shall enforce this chapter;

(5) shall grant variances from department rules, within the limits set by rule, when
appropriate to maintain good commercial practices or when enforcement of the rules
would cause undue hardship;

(6) shall conduct investigations to ensure compliance with this chapter;

(7) may delegate to division personnel the responsibilities, duties, and powers
contained in this section;

(8) shall test annually, and approve when found to be correct, the standards of
weights and measures used by the division, by a town, statutory or home rule charter city,
or county within the state, or by a person using standards to repair, adjust, or calibrate
commercial weights and measures;

(9) shall inspect and test weights and measures kept, offered, or exposed for sale;

(10) shall inspect and test, to ascertain if they are correct, weights and measures
commercially used to:

(i) determine the weight, measure, or count of commodities or things sold, offered,
or exposed for sale, on the basis of weight, measure, or count; and

(ii) compute the basic charge or payment for services rendered on the basis of
weight, measure, or count;

(11) shall approve for use and mark weights and measures that are found to be correct;

(12) shall reject, and mark as rejected, weights and measures that are found to be
incorrect and may seize them if those weights and measures:

(i) are not corrected within the time specified by the director;

(ii) are used or disposed of in a manner not specifically authorized by the director; or

(iii) are found to be both incorrect and not capable of being made correct, in which
case the director shall condemn those weights and measures;

(13) shall weigh, measure, or inspect packaged commodities kept, offered, or exposed
for sale, sold, or in the process of delivery, to determine whether they contain the amount
represented and whether they are kept, offered, or exposed for sale in accordance with
this chapter and department rules. In carrying out this section, the director must employ
recognized sampling procedures, such as those contained in National Institute of Standards
and Technology Handbook 133, "Checking the Net Contents of Packaged Goods";

(14) shall prescribe the appropriate term or unit of weight or measure to be used for
a specific commodity when an existing term or declaration of quantity does not facilitate
value comparisons by consumers, or creates an opportunity for consumer confusion;

(15) shall allow reasonable variations from the stated quantity of contents, including
variations caused by loss or gain of moisture during the course of good distribution
practice or by unavoidable deviations in good manufacturing practice, only after the
commodity has entered commerce within the state;

(16) shall inspect and test petroleum products in accordance with this chapter and
chapter 296A;

(17) deleted text beginshall distribute and post notices for used motor oil and used motor oil filters and
lead acid battery recycling in accordance with sections 239.54, 325E.11, and 325E.115;
deleted text end

deleted text begin (18)deleted text end shall collect inspection fees in accordance with sections 239.10 and 239.101; and

deleted text begin (19)deleted text endnew text begin (18)new text end shall provide metrological services and support to businesses and
individuals in the United States who wish to market products and services in the member
nations of the European Economic Community, and other nations outside of the United
States by:

(i) meeting, to the extent practicable, the measurement quality assurance standards
described in the International Standards Organization ISO 17025;

(ii) maintaining, to the extent practicable, certification of the metrology laboratory
by an internationally accepted accrediting body such as the National Voluntary Laboratory
Accreditation Program (NVLAP); and

(iii) providing calibration and consultation services to metrology laboratories in
government and private industry in the United States.

Sec. 46.

Minnesota Statutes 2012, section 239.06, is amended to read:


239.06 RULES.

The department shall prescribe and adopt such rules as it may deem necessary to
carry out the provisions of this chapter, deleted text beginand itdeleted text endnew text begin including but not limited tonew text endnew text begin the adoption of
definitions of basic units of weights and measures, tables of weights and measures, and
weights and measures equivalents to govern weighing and measuring equipment and
transactions in Minnesota. The division
new text end may change, modify, or amend any or all rules
when deemed necessary and the rules deleted text beginso madedeleted text end shall have the force and effect of law.

Sec. 47.

Minnesota Statutes 2012, section 239.081, is amended to read:


239.081 INSPECTING TRACK SCALE.

The deleted text begindepartmentdeleted text endnew text begin divisionnew text end shall supervise and inspect all track scales, and may direct
any carrier to transport, move, and switch to any track scale free of charge any car used in
the inspection and testing of scales. The deleted text begindepartmentdeleted text endnew text begin divisionnew text end shall require the installation
and maintenance of track scales at terminals, warehouses, and at other points in the state
where scales are deemed necessary. The deleted text begindepartmentdeleted text endnew text begin divisionnew text end shall prescribe reasonable
rules for the weighing of railroad cars and of freight. deleted text beginRules of the department promulgated
under chapter 218 and in effect on January 1, 1976, which pertain to installation or
inspection of track scales or the weighing of railroad cars and freight shall continue in
effect until amended or repealed by the department.
deleted text end

Sec. 48.

Minnesota Statutes 2012, section 239.09, is amended to read:


239.09 SPECIAL POLICE POWERS.

When necessary to enforce this chapter or rules adopted under the authority granted
by section 239.06, the director is:

(1) deleted text beginauthorized and empowered to arrest, without formal warrant, any violator of
sections 325E.11 and 325E.115 or of the statute in relation to weights and measures;
deleted text end

deleted text begin (2)deleted text end empowered to seize for use as evidence and without formal warrant, any false
weight, measure, weighing or measuring device, package, or commodity found to be used,
retained, or offered or exposed for sale or sold in violation of law;

deleted text begin (3)deleted text endnew text begin (2)new text end during normal business hours, authorized to enter commercial premises;

deleted text begin (4)deleted text endnew text begin (3)new text end if the premises are not open to the public, authorized to enter commercial
premises only after presenting credentials and obtaining consent or after obtaining a
search warrant;

deleted text begin (5)deleted text endnew text begin (4)new text end empowered to issue stop-use, hold, and removal orders with respect to
weights and measures commercially used, and packaged commodities or bulk commodities
kept, offered, or exposed for sale, that do not comply with the weights and measures laws;

deleted text begin (6)deleted text endnew text begin (5)new text end empowered, upon reasonable suspicion of a violation of the weights and
measures laws, to stop a commercial vehicle and, after presentation of credentials, inspect
the contents of the vehicle, require that the person in charge of the vehicle produce
documents concerning the contents, and require the person to proceed with the vehicle to
some specified place for inspection; and

deleted text begin (7)deleted text endnew text begin (6)new text end empowered, after written warning, to issue citations of not less than $100 and
not more than $500 to a person who violates any provision of this chapter, any provision
of the rules adopted under the authority contained in this chapter, or any provision of
statutes enforced by the Division of Weights and Measures.

Sec. 49.

Minnesota Statutes 2012, section 239.091, is amended to read:


239.091 METHOD OF SALE.

The method of sale for a commodity must provide an accurate and adequate quantity
of information that will allow the buyer to make price and quantity comparisons. deleted text beginThe
department may adopt rules to administer this section.
deleted text end

Sec. 50.

Minnesota Statutes 2013 Supplement, section 239.101, subdivision 3, is
amended to read:


Subd. 3.

Petroleum inspection fee; appropriation, uses.

(a) An inspection fee
is imposed (1) on petroleum products when received by the first licensed distributor,
and (2) on petroleum products received and held for sale or use by any person when the
petroleum products have not previously been received by a licensed distributor. The
petroleum inspection fee is $1 for every 1,000 gallons received. The commissioner of
revenue shall collect the fee. The revenue from 89 cents of the fee is appropriated to
the commissioner of commerce for the cost of operations of the Division of Weights
and Measuresdeleted text begin,deleted text endnew text begin andnew text end petroleum supply monitoringdeleted text begin, and to make grants to providers of
low-income weatherization services to install renewable energy equipment in households
that are eligible for weatherization assistance under Minnesota's weatherization assistance
program state plan
deleted text end. The remainder of the fee must be deposited in the general fund.

(b) The commissioner of revenue shall credit a person for inspection fees previously
paid in error or for any material exported or sold for export from the state upon filing of a
report as prescribed by the commissioner of revenue.

(c) The commissioner of revenue may collect the inspection fee along with any
taxes due under chapter 296A.

Sec. 51.

Minnesota Statutes 2012, section 239.44, is amended to read:


239.44 MISDEMEANOR VIOLATION.

Whoever new text beginin selling gives a lower number or, new text endin buying deleted text beginshall take anydeleted text endnew text begin, takes a new text end greater
number of pounds or cubic feet to the bushel, barrel, ton, or cord, as the case may be, than
is allowed and provided in sections deleted text begin239.28 to 239.36deleted text endnew text begin 239.32 and 239.33new text end, or in selling,
deleted text beginshall give any lessdeleted text endnew text begin gives a lowernew text end number, deleted text beginshall bedeleted text endnew text begin isnew text end guilty of a misdemeanor.

Sec. 52.

Minnesota Statutes 2012, section 239.46, is amended to read:


239.46 FINES CREDITED TO SCHOOL FUNDS.

All fines collected under the provisions of sections deleted text begin239.28 to 239.38deleted text endnew text begin 239.32 and
239.33
new text end shall be paid to the county treasurer for the benefit of the school fund of the county
where the action is brought.

Sec. 53.

Minnesota Statutes 2012, section 239.753, is amended to read:


239.753 ENTRY UPON PREMISES AND ACCESS TO RECORDS.

(a) The director, or a delegated employee of the department, may enter the premises
of a person who processes, holds, stores, imports, transfers, offers for sale or use, or
sells petroleum products in Minnesota to:

(1) inspect the product in storage tanks and take samples from the storage tanks and
dispensing equipment connected to the storage tanks;

(2) inspect petroleum product dispensers and related signs and equipment,
advertising signs, price displays, oxygenate labels, and octane labels; and

(3) audit and make copies of petroleum product shipping, receiving, and invoice
documents and records to determine compliance with sections 239.75 to 239.792.

(b) The director shall limit inspection to information and data relating to product
quantity, quality, deleted text beginoxygendeleted text endnew text begin biofuelnew text end content, and octane. The director shall maintain the
confidentiality of certain records as required by section 239.791.

Sec. 54.

Minnesota Statutes 2012, section 270B.14, subdivision 1, is amended to read:


Subdivision 1.

Disclosure to commissioner of human services.

(a) On the request
of the commissioner of human services, the commissioner shall disclose return information
regarding taxes imposed by chapter 290, and claims for refunds under chapter 290A, to
the extent provided in paragraph (b) and for the purposes set forth in paragraph (c).

(b) Data that may be disclosed are limited to data relating to the identity,
whereabouts, employment, income, and property of a person owing or alleged to be owing
an obligation of child support.

(c) The commissioner of human services may request data only for the purposes of
carrying out the child support enforcement program and to assist in the location of parents
who have, or appear to have, deserted their children. Data received may be used only
as set forth in section 256.978.

(d) The commissioner shall provide the records and information necessary to
administer the supplemental housing allowance to the commissioner of human services.

(e) At the request of the commissioner of human services, the commissioner of
revenue shall electronically match the Social Security numbers and names of participants
in the telephone assistance plan operated under sections 237.69 to deleted text begin237.711deleted text endnew text begin 237.71new text end, with
those of property tax refund filers, and determine whether each participant's household
income is within the eligibility standards for the telephone assistance plan.

(f) The commissioner may provide records and information collected under sections
295.50 to 295.59 to the commissioner of human services for purposes of the Medicaid
Voluntary Contribution and Provider-Specific Tax Amendments of 1991, Public Law
102-234. Upon the written agreement by the United States Department of Health and
Human Services to maintain the confidentiality of the data, the commissioner may provide
records and information collected under sections 295.50 to 295.59 to the Centers for
Medicare and Medicaid Services section of the United States Department of Health and
Human Services for purposes of meeting federal reporting requirements.

(g) The commissioner may provide records and information to the commissioner of
human services as necessary to administer the early refund of refundable tax credits.

(h) The commissioner may disclose information to the commissioner of human
services necessary to verify income for eligibility and premium payment under the
MinnesotaCare program, under section 256L.05, subdivision 2.

(i) The commissioner may disclose information to the commissioner of human
services necessary to verify whether applicants or recipients for the Minnesota family
investment program, general assistance, food support, Minnesota supplemental aid
program, and child care assistance have claimed refundable tax credits under chapter 290
and the property tax refund under chapter 290A, and the amounts of the credits.

(j) The commissioner may disclose information to the commissioner of human
services necessary to verify income for purposes of calculating parental contribution
amounts under section 252.27, subdivision 2a.

Sec. 55.

Minnesota Statutes 2012, section 332.33, subdivision 5, is amended to read:


Subd. 5.

Collection agency license issuance.

deleted text beginEvery application for a collection
agency license or renewal shall be acted upon promptly by the commissioner but in no
event more than 45 days after receipt of the application. Each applicant may be issued a
temporary license after submitting a complete application which meets all requirements
for licensure. This license shall be effective until a permanent license is issued by the
commissioner. If the application complies in form and substance with sections 332.31
to 332.45 and the rules adopted under those sections and the commissioner finds that
the applicant is qualified under sections 332.31 to 332.45, the commissioner shall issue
a license immediately. If the application is not sufficient in form or substance, the
commissioner shall reject it and notify the applicant of the manner in which it is deficient.
The rejection is without prejudice to the filing of a new application.
deleted text end On finding that deleted text beginthedeleted text endnew text begin an
new text end applicantnew text begin for a collection agency licensenew text end is not qualified under sections 332.31 to 332.45,
the commissioner shall reject the application and shall give the applicant written notice of
the rejection and the reasons for the rejection.

Sec. 56.

Minnesota Statutes 2012, section 332.33, subdivision 5a, is amended to read:


Subd. 5a.

Individual collector registration.

A licensed collection agency, on behalf
of an individual collector, must register with the state all individuals in the collection
agency's employ who are performing the duties of a collector as defined in sections 332.31
to 332.45. The collection agency must apply for an individual collection registration deleted text beginondeleted text endnew text begin in
new text end a form deleted text beginprovideddeleted text endnew text begin prescribednew text end by the commissionerdeleted text begin, or electronically when availabledeleted text end. The
collection agency 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
332.45. Upon submission of the deleted text beginformdeleted text endnew text begin applicationnew text end to the department, the individual may
begin to perform the duties of a collector and may continue to do so unless the licensed
collection agency is informed by the commissioner that the individual is ineligible.

Sec. 57.

Minnesota Statutes 2012, section 332.33, subdivision 7, is amended to read:


Subd. 7.

new text beginChanges; new text endnoticenew text begin to commissionernew text end.

new text begin(a) new text endA licensed collection agency must
give the commissioner written notice of a change in company name, address, or ownership
not later than deleted text begin15deleted text endnew text begin tennew text end 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 deleted text begin30deleted text endnew text begin ten
new text end days after the change occurs.

new text begin (b) Upon the death of any collection agency 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.
new text end

Sec. 58. new text begin REPEALER.
new text end

new text begin Subdivision 1. new text end

new text begin Statutory repeals. new text end

new text begin (a) new text end new text begin Minnesota Statutes 2012, sections 45.0111;
45.42, subdivision 1; 46.045, subdivision 2; 46.047; 48.34; 53A.081; 56.001, subdivisions
5 and 6; 60A.18; 62A.319; 72B.02, subdivision 8; 80C.30; 81A.08; 81A.18; 82.63,
subdivisions 7, 9, and 10; 82A.04; 82A.07; 82A.08; 82A.11, subdivision 2; 82A.111,
subdivision 5; 82A.13, subdivision 3; 82A.18, subdivision 3; 82A.22, subdivisions 1
and 3; 82A.24, subdivision 5; 115C.111; 237.068; 237.16, subdivisions 10, 11, and 13;
237.18; 237.33; 237.34; 237.35; 237.36; 237.37; 237.38; 237.39; 237.40; 237.44; 237.45;
237.47; 237.67; 237.711; and 237.80, subdivision 1; 239.002; 239.003; 239.012; 239.101,
subdivision 4; 239.28; 239.29; 239.30; 239.31; 239.35; 239.36; 239.51; 239.511; 239.53;
239.54; 332.45; 386.61, subdivisions 1, 2, and 4,
new text end new text begin are repealed.
new text end

new text begin (b) new text end new text begin Minnesota Statutes 2012, sections 216C.14; 216C.262; 216C.263; 216C.373;
216C.38; and 216C.44,
new text end new text begin are repealed.
new text end

new text begin (c) new text end new text begin Minnesota Statutes 2013 Supplement, sections 82.63, subdivision 8; and 82A.06,
subdivision 2,
new text end new text begin are repealed.
new text end

new text begin Subd. 2. new text end

new text begin Administrative rules repeals. new text end

new text begin (a) Minnesota Rules, parts 2782.0200;
2782.0300; 2782.0400; 2782.0500; 2782.0600; 2782.0700; 2782.0800; 2795.2000;
2830.0010; 2830.0020; 2830.0030; 2830.0040; 2830.0050; 2830.0060; 2830.0070;
2830.0080; 2830.0090; 2830.0100; 2870.0100; 2870.1100; 2870.1200; 2870.1400;
2870.1700; 2870.1800; 2870.1900; 2870.2000; 2870.2100; 2870.2200; 2870.2300;
2870.3100; 2870.3200; 2870.3300; 2870.3400; 2870.3500; 2870.3600; 2870.3700;
2870.3800; 2870.3900; 2870.4000; 2870.4100; 2870.5100; 7601.7010; 7601.7090,
subpart 3; and 7602.0100,
new text end new text begin are repealed.
new text end

new text begin (b) new text end new text begin Minnesota Rules, parts 7606.0010; 7606.0020, subparts 1, 2, 3, 4, 5, 5a, 6,
8, 9, and 10; 7606.0030; 7606.0040; 7606.0050; 7606.0060; 7606.0070; 7606.0080;
7630.0110; 7630.0120; 7630.0200; 7630.0210; 7630.0220; 7630.0300; 7630.0310;
7630.0320; 7630.0330; 7630.0340; 7630.0350; and 7630.0360,
new text end new text begin are repealed.
new text end

ARTICLE 2

CONFORMING CHANGES

Section 1.

Minnesota Statutes 2012, section 16D.04, subdivision 1, is amended to read:


Subdivision 1.

Duties.

The commissioner shall provide services to the state
and referring agencies to collect debts referred for collection under this chapter. The
commissioner is not a collection agency as defined by section 332.31, subdivision 3, and
is not licensed, bonded, or regulated by the commissioner of commerce under sections
332.31 to 332.35 or 332.38 to deleted text begin332.45deleted text endnew text begin 332.44new text end. The commissioner is subject to section
332.37, except clause (9), (10), (12), or (19). Debts referred to the commissioner for
collection under section 256.9792 may in turn be referred by the commissioner to the
enterprise. An audited financial statement may not be required as a condition of debt
placement with a private agency if the private agency: (1) has errors and omissions
coverage under a professional liability policy in an amount of at least $1,000,000; or (2)
has a fidelity bond to cover actions of its employees, in an amount of at least $100,000. In
cases of debts referred under section 256.9792, the provisions of this chapter and section
256.9792 apply to the extent they are not in conflict. If they are in conflict, the provisions
of section 256.9792 control. For purposes of this chapter, the referring agency for such
debts remains the Department of Human Services.

Sec. 2.

Minnesota Statutes 2012, section 16D.04, subdivision 4, is amended to read:


Subd. 4.

Authority to contract.

The commissioners of revenue and management
and budget may contract with credit bureaus, private collection agencies, and other
entities as necessary for the collection of debts. A private collection agency acting under
a contract with the commissioner of revenue or management and budget is subject to
sections 332.31 to deleted text begin332.45deleted text endnew text begin 332.44new text end, except that the private collection agency may indicate
that it is acting under a contract with the state. The commissioner may not delegate the
powers provided under section 16D.08 to any nongovernmental entity.

Sec. 3.

Minnesota Statutes 2012, section 45.0111, subdivision 2, is amended to read:


Subd. 2.

Nonapplication.

A temporary license as described in this section may not
be issued to an applicant for licensure as a:

(1) currency exchange regulated under chapter 53A;

(2) collection agency regulated under sections 332.31 to deleted text begin332.45deleted text endnew text begin 332.44new text end;

(3) credit service organization regulated under sections 332.52 to 332.60; or

(4) broker-dealer, investment advisor, or agent regulated under chapter 80A.

Sec. 4.

Minnesota Statutes 2012, section 47.78, is amended to read:


47.78 CONTRACTS TO PROVIDE SERVICES.

(a) Notwithstanding any other law to the contrary, a financial institution, the
"customer institution," may contract with another financial institution, the "service
institution," to grant the service institution the authority to render services to the customer
institution's depositors, borrowers or other customers, provided notice of the proposed
contract is given to the commissioner and the commissioner does not object to the contract
within 30 days of the notice.

(b) For purposes of this section: "Financial institution" means a national banking
association, federal savings association, or federal credit union having its main office in
this state, or a bank, savings bank, savings association, or credit union established and
operating under the laws of this state; and "services" means accepting and receiving
deposits, honoring and paying withdrawals, issuing money orders, cashiers' checks, and
travelers' checks or similar instruments, cashing checks or drafts, receiving loan payments,
receiving or delivering cash and instruments and securities, disbursing loan proceeds by
machine, and any other transactions authorized by section 47.63.

The term also includes a bank subsidiary of a bank holding company or affiliated
savings association to the extent agency activities are permitted under section 18 of the
Federal Deposit Insurance Act, United States Code, title 12, section 1828, as amended,
effective September 29, 1995, and title I, Riegle-Neal Interstate Banking and Branching
Efficiency Act of 1994.

(c) A contract entered into pursuant to this section may include authority to conduct
transactions at or through any principal office, branch, or detached facility of either
financial institution which is a party to the contractdeleted text begin, and the service institution is not
considered a branch of the customer institution for purposes of section 48.34
deleted text end.

Sec. 5.

Minnesota Statutes 2012, section 48.93, subdivision 1, is amended to read:


Subdivision 1.

Application.

An out-of-state bank holding company may, through a
purchase of stock or assets of a bank, or through a purchase of stock or assets of or merger
with a bank holding company, acquire control in an existing bank or banks whose home
state is Minnesota if it meets the conditions in this sectiondeleted text begin, sections 46.047deleted text end and new text beginsection
new text end46.048 and it files an application in writing with the commissioner on forms provided by
the department. The commissioner, upon receipt of the application, shall act upon it in the
manner provided for in deleted text beginsections 46.047 anddeleted text end new text beginsection new text end46.048, except that the commissioner
may extend the 60-day period an additional 30 days if in the commissioner's judgment any
material information submitted is substantially inaccurate or the acquiring party has not
furnished all the information required by statute, rule, or the commissioner. Within three
days after making the decision to disapprove any proposed acquisition, the commissioner
shall notify the acquiring party in writing of the disapproval. The notice must provide a
statement of the basis for the disapproval.

Sec. 6.

Minnesota Statutes 2012, section 48.93, subdivision 3, is amended to read:


Subd. 3.

Criteria for approval.

Except as otherwise provided by rule of the
department, an application filed pursuant to subdivision 1 must contain the information
required by deleted text beginsections 46.047 anddeleted text end new text beginsection new text end46.048.

Sec. 7.

Minnesota Statutes 2012, section 82A.05, subdivision 6, is amended to read:


Subd. 6.

Separate disclosure.

If the membership camping operator or that person's
salespeople represents to a prospective purchaser that the operator plans to construct or
install any amenities in the future, but the operator has not guaranteed to do so deleted text beginand has
not provided assurances that the amenities will be installed pursuant to section 82A.04,
subdivision 2
, clause (13)(iv)
deleted text end, the operator shall furnish a separate disclosure to the
prospective purchaser. The separate disclosure shall be in 10-point bold type and shall
state: NOTICE: PURCHASE THIS MEMBERSHIP CAMPING CONTRACT ONLY
ON THE BASIS OF EXISTING AMENITIES. CONSTRUCTION OF PLANNED
AMENITIES IS NOT GUARANTEED. CONSTRUCTION MAY BE DEFERRED,
REVISED, OR CANCELED FOR A VARIETY OF REASONS. THE PLANNED
AMENITIES FOR THIS CAMPGROUND ARE (Insert list of amenities, including
estimated year of completion of each). IF THE SALESPERSON DESCRIBES A
SIGNIFICANT AMENITY WHICH IS NOT ON THIS LIST, TELEPHONE COLLECT
OR TOLL FREE TO (Insert headquarters telephone number) TO VERIFY THE
OPERATOR'S PLAN FOR SUCH A FACILITY.

The separate disclosure shall be delivered to each person to whom an offer is made
before or concurrently with:

(1) the first written offer other than offer by means of an advertisement; or

(2) any payment pursuant to a sale, whichever is first.

The seller shall obtain a receipt, signed by the person, acknowledging that the person
has received a copy of the separate disclosure required herein prior to the execution by the
purchaser of any membership camping contract. All receipts shall be kept in files which
are in the possession of the membership camping operator or broker subject to inspection
by the commissioner for a period of three years from the date of the receipt.

Sec. 8.

Minnesota Statutes 2013 Supplement, section 82A.06, subdivision 2, is
amended to read:


Subd. 2.

Partial transactional exemptions.

The following transactions are exempt
from the provisions of sections 82A.03; deleted text begin82A.04;deleted text end 82A.05; 82A.07; deleted text begin82A.08;deleted text end 82A.11,
deleted text beginsubdivisions 2 anddeleted text endnew text begin subdivisionnew text end 4; and 82A.14: any sale which is made to a person who is
not then physically present in this state, and any offer which invites an offeree to attend a
sales presentation in another state if:

(1) the offeror has given at least ten days prior written notice to the commissioner
of its intention to offer or sell membership camping contracts to residents of this state
pursuant to this exemption and paid a fee of $50;

(2) the offeror has demonstrated that the sales presentation will be made, and the
sale will be consummated, in a state which specifically regulates the offer and sale of
membership camping contracts;

(3) the offeror has demonstrated that it will deliver a disclosure statement to offerees
who are residents of this state which contains substantially the same or greater disclosure
as is required by section 82A.05; and

(4) the offeror has filed a consent to service of process pursuant to section 82A.22.

Sec. 9.

Minnesota Statutes 2012, section 82A.08, subdivision 1, is amended to read:


Subdivision 1.

Requirement.

During the period a registration is effective, the
membership camping operator shall file an annual report in a format the commissioner
may reasonably prescribe. Every annual report shall be due by the 120th day following
the end of the operator's fiscal year, unless extended in writing by the commissioner
for good cause. The annual report shall:

(1) specify the aggregate number of membership camping contracts sold in this state
pursuant to the registration or any amendment thereof;

(2) specify the number of membership camping contracts and aggregate dollar
amount of all sales of membership camping contracts in this state by the membership
camping operator since the date the registration became effective, or since the last annual
report was filed with the commissioner, whatever date is later;

(3) specify any exemption from registration claimed for any sale described in
clause (2);

deleted text begin (4) list any changes in the information required to be filed under section 82A.04,
subdivision 2
, clause (4);
deleted text end

deleted text begin (5)deleted text endnew text begin (4)new text end include an audited or unaudited financial statement consisting of a balance
sheet for the membership camping operator's last fiscal year end and an income statement
for the 12 months next preceding the date of the balance sheet, both prepared by an
independent certified public accountant; and

deleted text begin (6)deleted text endnew text begin (5)new text end provide such other information as the commissioner may by rule or order
reasonably require to administer the provisions of this chapter, including but not limited
to, audited financial statements.

Sec. 10.

Minnesota Statutes 2012, section 82A.09, subdivision 2, is amended to read:


Subd. 2.

Restrictions.

No person shall publish or cause to be published in this state
any advertisement concerning any membership camping contract which is required to be
registered pursuant to this chapterdeleted text begin, or which is exempt from registration under section
82A.06, subdivision 2,
deleted text end after the commissioner has found that the advertisement contains
any statement that is false or misleading, or omits to make any statement necessary in
order to make the statements made, in light of the circumstances under which they were
made, not misleading, and has so notified the person by written order. The order may be
issued without prior notice or hearing. Up to 30 days after the issuance of the order, the
person desiring to use the advertisement may in writing request a hearing on the order.
Upon receipt of a written request, the matter shall be set for hearing to commence within
15 days after the receipt unless the person making the request consents to a later date.
After the hearing, which shall be conducted in accordance with the provisions of chapter
14, the commissioner shall, by written order, either affirm, modify, or vacate the order.

Sec. 11.

Minnesota Statutes 2012, section 115C.113, is amended to read:


115C.113 ORDERS.

The commissioner of commerce may issue an order requiring a registrant or
applicant for registration to show cause why the registration should not be revoked or
suspended, the registrant censured, the application denied, or other sanction imposed
under section deleted text begin115C.111 ordeleted text end 115C.112. The order must be calculated to give reasonable
notice of the time and place for hearing on the matter, and must state the reasons for the
entry of the order. The commissioner of commerce may by order summarily suspend a
registration 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.
All hearings must be conducted under chapter 14. After the hearing, the commissioner of
commerce shall enter an order disposing of the matter as the facts require. If the registrant
or applicant for registration fails to appear at a hearing after having been duly notified of
it, the person shall be considered in default, and the proceeding may be determined against
the registrant or applicant for registration upon consideration of the order to show cause,
the allegations of which may be considered to be true.

Sec. 12.

Minnesota Statutes 2012, section 115C.13, is amended to read:


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,
deleted text begin115C.111,deleted text end 115C.112, 115C.113, 115C.12, and 115C.13, are repealed effective June 30,
2017.

Sec. 13.

Minnesota Statutes 2012, section 239.011, subdivision 2, is amended to read:


Subd. 2.

Duties and powers.

To carry out the responsibilities in section 239.01
and subdivision 1, the director:

(1) shall take charge of, keep, and maintain in good order the standard of weights
and measures of the state and keep a seal so formed as to impress, when appropriate, the
letters "MINN" and the date of sealing upon the weights and measures that are sealed;

(2) has general supervision of the weights, measures, and weighing and measuring
devices offered for sale, sold, or in use in the state;

(3) shall maintain traceability of the state standards to the national standards of the
National Institute of Standards and Technology;

(4) shall enforce this chapter;

(5) shall grant variances from department rules, within the limits set by rule, when
appropriate to maintain good commercial practices or when enforcement of the rules
would cause undue hardship;

(6) shall conduct investigations to ensure compliance with this chapter;

(7) may delegate to division personnel the responsibilities, duties, and powers
contained in this section;

(8) shall test annually, and approve when found to be correct, the standards of
weights and measures used by the division, by a town, statutory or home rule charter city,
or county within the state, or by a person using standards to repair, adjust, or calibrate
commercial weights and measures;

(9) shall inspect and test weights and measures kept, offered, or exposed for sale;

(10) shall inspect and test, to ascertain if they are correct, weights and measures
commercially used to:

(i) determine the weight, measure, or count of commodities or things sold, offered,
or exposed for sale, on the basis of weight, measure, or count; and

(ii) compute the basic charge or payment for services rendered on the basis of
weight, measure, or count;

(11) shall approve for use and mark weights and measures that are found to be correct;

(12) shall reject, and mark as rejected, weights and measures that are found to be
incorrect and may seize them if those weights and measures:

(i) are not corrected within the time specified by the director;

(ii) are used or disposed of in a manner not specifically authorized by the director; or

(iii) are found to be both incorrect and not capable of being made correct, in which
case the director shall condemn those weights and measures;

(13) shall weigh, measure, or inspect packaged commodities kept, offered, or exposed
for sale, sold, or in the process of delivery, to determine whether they contain the amount
represented and whether they are kept, offered, or exposed for sale in accordance with
this chapter and department rules. In carrying out this section, the director must employ
recognized sampling procedures, such as those contained in National Institute of Standards
and Technology Handbook 133, "Checking the Net Contents of Packaged Goods";

(14) shall prescribe the appropriate term or unit of weight or measure to be used for
a specific commodity when an existing term or declaration of quantity does not facilitate
value comparisons by consumers, or creates an opportunity for consumer confusion;

(15) shall allow reasonable variations from the stated quantity of contents, including
variations caused by loss or gain of moisture during the course of good distribution
practice or by unavoidable deviations in good manufacturing practice, only after the
commodity has entered commerce within the state;

(16) shall inspect and test petroleum products in accordance with this chapter and
chapter 296A;

(17) shall distribute and post notices for used motor oil and used motor oil filters and
lead acid battery recycling in accordance with sections deleted text begin239.54,deleted text end 325E.11deleted text begin,deleted text end and 325E.115;

(18) shall collect inspection fees in accordance with sections 239.10 and 239.101; and

(19) shall provide metrological services and support to businesses and individuals in
the United States who wish to market products and services in the member nations of the
European Economic Community, and other nations outside of the United States by:

(i) meeting, to the extent practicable, the measurement quality assurance standards
described in the International Standards Organization ISO 17025;

(ii) maintaining, to the extent practicable, certification of the metrology laboratory
by an internationally accepted accrediting body such as the National Voluntary Laboratory
Accreditation Program (NVLAP); and

(iii) providing calibration and consultation services to metrology laboratories in
government and private industry in the United States.

Sec. 14.

Minnesota Statutes 2012, section 239.46, is amended to read:


239.46 FINES CREDITED TO SCHOOL FUNDS.

All fines collected under deleted text beginthe provisions of sections 239.28 todeleted text endnew text begin sectionnew text end 239.38 shall
be paid to the county treasurer for the benefit of the school fund of the county where
the action is brought.

Sec. 15.

Minnesota Statutes 2012, section 256E.25, subdivision 5a, is amended to read:


Subd. 5a.

Excluded programs.

Programs transferred to the Department of
Education from the Department of Employment and Economic Development may not be
included in the consolidated funding account and are ineligible for local consolidation.
The commissioner may not apply for federal waivers to include these programs in funding
consolidation initiatives. The programs include the following:

(1) programs for the homeless under sections 116L.365 and 256E.33;

(2) emergency energy assistance deleted text beginand energy conservation programsdeleted text end under deleted text beginsections
216C.263 and
deleted text endnew text begin sectionnew text end 216C.265;

(3) weatherization programs under section 216C.264;

(4) food shelf programs under section 256E.34 and the emergency food assistance
program; and

(5) lead abatement programs under section 256E.37.

Sec. 16.

Minnesota Statutes 2012, section 325E.11, is amended to read:


325E.11 COLLECTION FACILITIES; NOTICE.

(a) Any person selling at retail or offering motor oil or motor oil filters for retail
sale in this state shall:

(1) post a notice indicating the nearest location where used motor oil and used motor
oil filters may be returned at no cost for recycling or reuse, post a toll-free telephone
number that may be called by the public to determine a convenient location, or post a
listing of locations where used motor oil and used motor oil filters may be returned at
no cost for recycling or reuse; or

(2) if the person is subject to section 325E.112, subdivision 1, paragraph (b), post
a notice informing customers purchasing motor oil or motor oil filters of the location of
the used motor oil and used motor oil filter collection site established by the retailer in
accordance with section 325E.112, subdivision 1, paragraph (b), where used motor oil and
used motor oil filters may be returned at no cost.

(b) A notice under paragraph (a) shall be posted on or adjacent to the motor oil and
motor oil filter displays, be at least 8-1/2 inches by 11 inches in size, contain the universal
recycling symbol with the following language:

(1) "It is illegal to put used oil and used motor oil filters in the garbage.";

(2) "Recycle your used oil and used motor oil filters."; and

(3)(i) "There is a free collection site here for your used oil and used motor oil filters.";

(ii) "There is a free collection site for used oil and used motor oil filters located at
(name of business and street address).";

(iii) "For the location of a free collection site for used oil and used motor oil filters
call (toll-free phone number)."; or

(iv) "Here is a list of free collection sites for used oil and used motor oil filters."

(c) deleted text beginThe Division of Weights and Measures in the Department of Commerce shall
enforce compliance with this section as provided in section 239.54.
deleted text end The Pollution Control
Agency shall enforce compliance with this section under sections 115.071 and 116.072 in
coordination with the Division of Weights and Measures.

Sec. 17.

Minnesota Statutes 2012, section 325E.115, subdivision 2, is amended to read:


Subd. 2.

Compliance; management.

deleted text beginThe Division of Weights and Measures in
the Department of Commerce shall enforce compliance of subdivision 1 as provided in
section 239.54.
deleted text end The commissioner of the Pollution Control Agency shall inform persons
governed by subdivision 1 of requirements for managing lead acid batteries.

Sec. 18.

Minnesota Statutes 2012, section 332.31, subdivision 1, is amended to read:


Subdivision 1.

Terms.

The terms in this section for the purposes of sections 332.31
to deleted text begin332.45deleted text endnew text begin 332.44new text end shall have the meanings given them.

Sec. 19.

Minnesota Statutes 2012, 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 deleted text begin332.45deleted text endnew text begin 332.44new text end relating to collection agencies are hereby transferred to
and imposed upon the commissioner of commerce.

Sec. 20.

Minnesota Statutes 2012, section 332.33, subdivision 1, is amended to read:


Subdivision 1.

Requirement.

Except as otherwise provided in this chapter, no
person shall conduct within this state a collection agency or engage within this state
in the business of collecting claims for others as defined in sections 332.31 to deleted text begin332.45
deleted text endnew text begin 332.44new text end, without having first applied for and obtained a collection agency license. A person
acting under the authority of a collection agency, as a collector, 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.

Sec. 21.

Minnesota Statutes 2012, section 332.33, subdivision 2, is amended to read:


Subd. 2.

Penalty.

A person who carries on business as a collection agency without
first having obtained a license or acts as a collector without first having registered with
the commissioner pursuant to sections 332.31 to deleted text begin332.45deleted text endnew text begin 332.44new text end, or who carries on this
business after the revocation, suspension, or expiration of a license or registration is
guilty of a misdemeanor.

Sec. 22.

Minnesota Statutes 2012, section 332.33, subdivision 3, is amended to read:


Subd. 3.

Term.

Licenses issued or renewed and registrations received by the
commissioner of commerce under sections 332.31 to deleted text begin332.45deleted text endnew text begin 332.44new text end shall expire on June
30. Each collection agency license shall plainly state the name and business address of
the licensee, and shall be posted in a conspicuous place in the office where the business
is transacted. The fee for each collection agency license is $500, and renewal is $400.
The fee for each collector registration and renewal is $10. A collection agency licensee
who desires to carry on business in more than one place shall procure a license for each
place where the business is to be conducted.

Sec. 23.

Minnesota Statutes 2012, section 332.33, subdivision 5, is amended to read:


Subd. 5.

Collection agency license issuance.

Every application for a collection
agency license or renewal shall be acted upon promptly by the commissioner but in no
event more than 45 days after receipt of the application. Each applicant may be issued a
temporary license after submitting a complete application which meets all requirements
for licensure. This license shall be effective until a permanent license is issued by the
commissioner. If the application complies in form and substance with sections 332.31 to
deleted text begin332.45deleted text endnew text begin 332.44new text end and the rules adopted under those sections and the commissioner finds that
the applicant is qualified under sections 332.31 to deleted text begin332.45deleted text endnew text begin 332.44new text end, the commissioner shall
issue a license immediately. If the application is not sufficient in form or substance, the
commissioner shall reject it and notify the applicant of the manner in which it is deficient.
The rejection is without prejudice to the filing of a new application. On finding that the
applicant is not qualified under sections 332.31 to deleted text begin332.45deleted text endnew text begin 332.44new text end, the commissioner shall
reject the application and shall give the applicant written notice of the rejection and the
reasons for the rejection.

Sec. 24.

Minnesota Statutes 2012, section 332.33, subdivision 5a, is amended to read:


Subd. 5a.

Individual collector registration.

A licensed collection agency, on behalf
of an individual collector, must register with the state all individuals in the collection
agency's employ who are performing the duties of a collector as defined in sections
332.31 to deleted text begin332.45deleted text endnew text begin 332.44new text end. The collection agency must apply for an individual collection
registration on a form provided by the commissioner, or electronically when available.
The collection agency 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 deleted text begin332.45deleted text endnew text begin 332.44new text end. Upon submission of the form to the department, the individual
may begin to perform the duties of a collector and may continue to do so unless the licensed
collection agency is informed by the commissioner that the individual is ineligible.

Sec. 25.

Minnesota Statutes 2012, section 332.38, is amended to read:


332.38 APPLICATION IN CASE OF PRETENDED PURCHASE,
ASSIGNMENT OR USE OF A FICTITIOUS NAME.

The provisions of sections 332.31 to deleted text begin332.45deleted text endnew text begin 332.44new text end shall apply to any person
who, by any device, subterfuge or pretense, makes a pretended purchase or takes a
pretended assignment of accounts from another for the purpose of evading provisions of
sections 332.31 to deleted text begin332.45deleted text endnew text begin 332.44new text end, or, uses a fictitious name or any name other than the
person's own name which would indicate to the debtor that a third person is collecting or
attempting to collect such account or claim.

Sec. 26.

Minnesota Statutes 2012, section 332.39, is amended to read:


332.39 INJUNCTIONS.

The attorney general or the county attorney of any county may apply for an
injunction in district court to enjoin any violations of sections 332.31 to new text begin 332.44new text end, or
any practices prohibited in section 332.37, and any such court may issue temporary or
permanent injunctions as the circumstances shall require. Such injunctive proceedings
shall be in addition to and not in lieu of penalties and remedies otherwise provided in
sections 332.31 to deleted text begin332.45deleted text endnew text begin 332.44new text end.

Sec. 27.

Minnesota Statutes 2012, section 332.40, subdivision 1, is amended to read:


Subdivision 1.

Examination of licensee's or registered individual collector's
records.

The commissioner of commerce may make examinations of the collection
records of a licensee or registered individual collector at a reasonable time and in a scope
as is necessary to enforce the provisions of sections 332.31 to deleted text begin332.45deleted text endnew text begin 332.44new text end, and for that
purpose the commissioner shall have free access to the books and records of a licensee
or registered individual collector relating thereto. If a licensee or registered individual
collector violates any provision of sections 332.31 to deleted text begin332.45deleted text endnew text begin 332.44new text end, or any administrative
rules issued pursuant to sections 332.31 to deleted text begin332.45deleted text endnew text begin 332.44new text end, fails to maintain its financial
condition sufficient to qualify for licensure or registration on an original application, or,
fails to maintain its registration or comply with all of the requirements of chapter 303,
the commissioner may, after notice and hearing in accordance with the provisions of the
laws of this state governing proceedings before administrative agencies, revoke a license
or registration, or suspend a license or registration for a period as the commissioner
deems proper.

Sec. 28.

Minnesota Statutes 2012, section 332.40, subdivision 2, is amended to read:


Subd. 2.

Other examinations.

The commissioner may investigate within or
without this state as the commissioner deems necessary to determine whether any person
has violated any provision of the Fair Debt Collection Practices Act of 1977, Public
Law 95-109 or of sections 332.31 to deleted text begin332.45deleted text endnew text begin 332.44new text end, or any rule or order thereunder; to
determine whether a license or registration should be issued, renewed, or revoked; to aid
in the enforcement of sections 332.31 to deleted text begin332.45deleted text endnew text begin 332.44new text end; or in prescribing rules and forms
thereunder. The commissioner may publish information concerning any violation of
sections 332.31 to deleted text begin332.45deleted text endnew text begin 332.44new text end or any rule or order thereunder.

Sec. 29.

Minnesota Statutes 2012, section 332.40, subdivision 3, is amended to read:


Subd. 3.

Commissioner's powers.

For the purpose of any investigation or
proceeding under sections 332.31 to deleted text begin332.45deleted text endnew text begin 332.44new text end, the commissioner or any person
designated by the commissioner may administer oaths and affirmations, subpoena
collection agencies 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
deleted text begin332.45deleted text endnew text begin 332.44new text end may have occurred.

In the event that the collection agency or collector refuses to obey the subpoena, or
should the commissioner, upon completion of the examination of the collection agency
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.

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. 30.

Minnesota Statutes 2012, section 332.42, subdivision 1, is amended to read:


Subdivision 1.

Verified financial statement.

The commissioner of commerce may
at any time require a collection agency licensee to submit a verified financial statement for
examination by the commissioner to determine whether the collection agency licensee
is financially responsible to carry on a collection agency business within the intents and
purposes of sections 332.31 to deleted text begin332.45deleted text endnew text begin 332.44new text end.

Sec. 31.

Minnesota Statutes 2012, section 332.42, subdivision 2, is amended to read:


Subd. 2.

Record keeping.

The commissioner shall require the collection agency
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 deleted text begin332.45deleted text endnew text begin 332.44new text end, 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
deleted text begin332.45deleted text endnew text begin 332.44new text end. 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.

Sec. 32.

Minnesota Statutes 2012, section 332.44, is amended to read:


332.44 RULEMAKING POWER.

The commissioner of commerce shall make and file in accordance with the
provisions of chapter 14, all reasonable rules as shall be necessary for the administration
of sections 332.31 to deleted text begin332.45deleted text endnew text begin 332.44new text end.

Sec. 33.

Minnesota Statutes 2012, section 386.015, subdivision 5, is amended to read:


Subd. 5.

Public and private fees.

The county recorder shall charge and collect all
fees as prescribed by law and all such fees collected as county recorder shall be paid to the
county in the manner and at the time prescribed by the county board, but not less often
than once each month. This subdivision shall apply to the fees collected by the county
recorder in performing the duties of the registrar of titles and all such fees shall be paid to
the county as herein provided. A county recorder may retain as personal compensation
any fees the recorder is permitted to charge by law for services rendered in a private
capacity as a registered abstracter deleted text beginas defined in section 386.61, subdivision 2, clause (2)deleted text end.

Sec. 34.

Minnesota Statutes 2012, section 386.62, is amended to read:


386.62 LICENSE REQUIRED.

No official, person, firm, association, or corporation shall engage in the business
of making abstracts of title and issuing certificates showing ownership of, or interest in,
or liens upon any lands in the state of Minnesota, whether registered or not, without first
obtaining a license pursuant to the provisions of sections deleted text begin386.61deleted text endnew text begin 386.62new text end to 386.76.

Sec. 35.

Minnesota Statutes 2012, section 386.65, subdivision 1, is amended to read:


Subdivision 1.

Procedure; conditions.

Applications for a license shall be made
to the commissioner and shall be upon a form to be prepared by the commissioner
and contain such information as may be required by it. Each applicant must pass an
examination approved for use by the commissioner. The examination must be of sufficient
scope to establish the applicant as capable of performing the duties of an abstracter whose
work will be for the use and protection of the public. If application is made by a firm or
corporation, one of the members or managing officials thereof shall take such examination.
If the applicant successfully passes the examination and complies with all the provisions of
sections deleted text begin386.61deleted text endnew text begin 386.62new text end to 386.76, the commissioner shall issue a license to the applicant.

Sec. 36.

Minnesota Statutes 2012, section 386.705, is amended to read:


386.705 ADMINISTRATIVE ACTIONS AND PENALTIES.

An abstracter licensed under sections deleted text begin386.61deleted text endnew text begin 386.62new text end to 386.76 is subject to the
penalties imposed pursuant to section 45.027. The commissioner has all the powers
provided in section 45.027 and shall proceed in the manner provided by that section in
actions against abstracters.

Sec. 37.

Minnesota Statutes 2012, section 386.706, is amended to read:


386.706 RULES.

The commissioner may adopt rules necessary for the administration of sections
deleted text begin386.61deleted text endnew text begin 386.62new text end to 386.76.

Sec. 38.

Minnesota Statutes 2012, section 386.73, is amended to read:


386.73 COUNTY RECORDERS, MAY EMPLOY LICENSED
ABSTRACTERS.

Nothing herein shall prohibit any county recorder who does not hold a certificate
of authority pursuant to the provisions hereof from employing a licensed abstracter and
issuing abstracts pursuant to sections deleted text begin386.61deleted text endnew text begin 386.62new text end to 386.76.

Sec. 39.

Minnesota Statutes 2012, section 386.74, is amended to read:


386.74 RIGHTS OF COUNTY RECORDERS NOT ABRIDGED.

Sections deleted text begin386.61deleted text endnew text begin 386.62new text end to 386.76 shall not apply to nor abridge the rights of county
recorders, as set forth in section 386.37.

Sec. 40.

Minnesota Statutes 2012, section 386.76, is amended to read:


386.76 VIOLATION A MISDEMEANOR.

Any person who violates any of the provisions of sections deleted text begin386.61deleted text endnew text begin 386.62new text end to 386.76
shall be guilty of a misdemeanor.

Sec. 41. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2012, sections 13.713, subdivision 4; and 72A.53, new text end new text begin are repealed.
new text end