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HF 3255

1st Unofficial Engrossment - 92nd Legislature (2021 - 2022) Posted on 05/22/2022 10:13pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to commerce; establishing a supplemental budget for the Department of
Commerce; adding and modifying provisions governing insurance, financial
institutions, and other entities regulated by the Department of Commerce; making
technical changes to various provisions administered by the Department of
Commerce; updating references to federal law; appropriating money; requiring
reports; amending Minnesota Statutes 2020, sections 45.0135, subdivisions 2a,
2b; 46.131, subdivisions 2, 4, 11; 47.08; 47.16, subdivisions 1, 2; 47.172,
subdivision 2; 47.28, subdivision 3; 47.30, subdivision 5; 48A.15, subdivision 1;
53.03, subdivisions 1, 5; 53C.02; 55.10, subdivision 1; 56.02; 60A.031, subdivision
6, by adding subdivisions; 60A.033, subdivisions 8, 9, by adding subdivisions;
60A.954, subdivision 1; 65B.84, subdivisions 1, 2; 72A.12, subdivision 4; 72A.20,
subdivision 11; 72A.328, subdivisions 1, 2; 80A.61; 80C.05, subdivision 2; 80E.13;
239.761, subdivisions 3, 4; 239.791, subdivision 2a; 296A.01, subdivision 23;
325E.21, subdivision 4; proposing coding for new law in Minnesota Statutes,
chapters 60B; 72A; 214; repealing Minnesota Statutes 2020, sections 60A.033,
subdivision 3; 72A.08; 72A.20, subdivisions 10, 15.

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

ARTICLE 1

SUPPLEMENTAL APPROPRIATIONS

Section 1. new text beginAPPROPRIATIONS.
new text end

new text begin The sums shown in the columns marked "Appropriations" are appropriated to the agencies
and for the purposes specified in this article. The appropriations are from the general fund,
or another named fund, and are available for the fiscal years indicated for each purpose.
The figures "2022" and "2023" used in this article mean that the appropriations listed under
them are available for the fiscal year ending June 30, 2022, or June 30, 2023, respectively.
"The first year" is fiscal year 2022. "The second year" is fiscal year 2023. "The biennium"
is fiscal years 2022 and 2023. If an appropriation in this act is enacted more than once in
the 2022 legislative session, the appropriation must be given effect only once. Appropriations
for the fiscal year ending June 30, 2022, are effective the day following final enactment.
The appropriations made under this article supplement, and do not supersede or replace,
the appropriations made under Laws 2021, First Special Session chapter 4, article 1.
new text end

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

Sec. 2. new text beginDEPARTMENT OF COMMERCE
new text end

new text begin Subdivision 1. new text end

new text begin Total Appropriation
new text end

new text begin $
new text end
new text begin -0-
new text end
new text begin $
new text end
new text begin $1,347,000
new text end

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

new text begin Subd. 2. new text end

new text begin Administrative Services
new text end

new text begin -0-
new text end
new text begin -0-
new text end

new text begin $19,000 in fiscal year 2024 and $23,000 in
fiscal year 2025 are base amounts for the
licensing disqualification and preliminary
application requirements under Minnesota
Statutes, section 214.035.
new text end

new text begin Subd. 3. new text end

new text begin Financial Services
new text end

new text begin -0-
new text end
new text begin 300,000
new text end

new text begin $300,000 in fiscal year 2023 is for additional
securities staff.
new text end

new text begin Subd. 4. new text end

new text begin Insurance
new text end

new text begin -0-
new text end
new text begin 525,000
new text end

new text begin $525,000 in fiscal year 2023 is for additional
staff in the insurance and enforcement
divisions. The additional staff must focus on
property- and casualty-related insurance
products and market conduct examinations.
new text end

new text begin Subd. 5. new text end

new text begin Enforcement and Examinations
new text end

new text begin -0-
new text end
new text begin 522,000
new text end

new text begin $522,000 in fiscal year 2023 is for the auto
theft prevention library under Minnesota
Statutes, section 65B.84, subdivision 1,
paragraph (d). This is a onetime appropriation.
new text end

Sec. 3. new text beginBOARD OF ACCOUNTANCY
new text end

new text begin $
new text end
new text begin -0-
new text end
new text begin $
new text end
new text begin -0-
new text end

new text begin new text begin Licensing Disqualifications; Preliminary
Applications.
new text end
new text end

new text begin $6,000 in fiscal year 2024 is the base amount
to the Board of Accountancy for the licensing
disqualification and preliminary application
requirements under Minnesota Statutes,
section 214.035. This is a onetime
appropriation.
new text end

Sec. 4. new text beginATTORNEY GENERAL
new text end

new text begin $
new text end
new text begin -0-
new text end
new text begin $
new text end
new text begin -0-
new text end

new text begin new text begin Licensing Disqualifications; Preliminary
Applications.
new text end
new text end

new text begin $24,000 in fiscal year 2024 and $24,000 in
fiscal year 2025 are base amounts to the
attorney general for the licensing
disqualification and preliminary application
requirements under Minnesota Statutes,
section 214.035.
new text end

Sec. 5. new text beginDEPARTMENT OF REVENUE
new text end

new text begin $
new text end
new text begin -0-
new text end
new text begin $
new text end
new text begin -0-
new text end

new text begin new text begin Licensing Disqualifications; Preliminary
Applications.
new text end
new text end

new text begin $19,000 in fiscal year 2024 and $3,000 in
fiscal year 2025 are base amounts to the
Department of Revenue for the licensing
disqualification and preliminary application
requirements under Minnesota Statutes,
section 214.035.
new text end

Sec. 6. new text beginGAMBLING CONTROL BOARD
new text end

new text begin $
new text end
new text begin -0-
new text end
new text begin $
new text end
new text begin -0-
new text end

new text begin new text begin Licensing Disqualifications; Preliminary
Applications.
new text end
new text end

new text begin $3,000 in fiscal year 2024 and $3,000 in fiscal
year 2025 are base amounts from the lawful
gambling regulation account in the special
revenue fund to the Gambling Control Board
for the licensing disqualification and
preliminary application requirements under
Minnesota Statutes, section 214.035.
new text end

Sec. 7. new text beginDEPARTMENT OF EDUCATION
new text end

new text begin $
new text end
new text begin -0-
new text end
new text begin $
new text end
new text begin -0-
new text end

new text begin new text begin Licensing Disqualifications; Preliminary
Applications.
new text end
new text end

new text begin $22,000 in fiscal year 2024 and $22,000 in
fiscal year 2025 are base amounts to the
Department of Education for the licensing
disqualification and preliminary application
requirements under Minnesota Statutes,
section 214.035.
new text end

Sec. 8. new text beginCOMMERCE FRAUD BUREAU; TRANSFER.
new text end

new text begin $870,000 in fiscal year 2023 is transferred from the general fund to the insurance fraud
prevention account for five additional peace officers in the Commerce Fraud Bureau. The
base for this transfer is $811,000 in fiscal year 2024 and $811,000 in fiscal year 2025.
new text end

ARTICLE 2

COMMERCE POLICY

Section 1.

Minnesota Statutes 2020, section 45.0135, subdivision 2a, is amended to read:


Subd. 2a.

Authorization.

new text begin(a) new text endThe commissioner may appoint peace officers, as defined
in section 626.84, subdivision 1, paragraph (c), and establish a law enforcement agency, as
defined in section 626.84, subdivision 1, paragraph (f), known as the Commerce Fraud
Bureau, to conduct investigations, and to make arrests under sections 629.30 and 629.34.
Thenew text begin primarynew text end jurisdiction of the law enforcement agency is limited to offenses deleted text beginrelated to
insurance fraud
deleted text endnew text begin with a nexus to insurance-related crimes or financial crimesnew text end.

new text begin (b) Upon request and at the commissioner's discretion, the Commerce Fraud Bureau
may respond to a law enforcement agency's request to exercise law enforcement duties in
cooperation with the law enforcement agency that has jurisdiction over the particular matter.
new text end

new text begin (c) The Commerce Fraud Bureau must allocate at least 70 percent of its work to insurance
fraud, as defined in sections 60A.951, subdivision 4, and 609.611.
new text end

Sec. 2.

Minnesota Statutes 2020, section 45.0135, subdivision 2b, is amended to read:


Subd. 2b.

Duties.

The Commerce Fraud Bureau shall:

(1) review notices and reports deleted text beginof insurance frauddeleted text endnew text begin within the Commerce Fraud Bureau's
primary jurisdiction
new text end submitted by authorized insurers, their employees, and agents or
producers;

(2) respond to notifications or complaints deleted text beginof suspected insurance frauddeleted text endnew text begin within the
Commerce Fraud Bureau's primary jurisdiction
new text end generated by other law enforcement agencies,
state or federal governmental units, or any other person;

(3) initiate inquiries and conduct investigations when the bureau has reason to believe
that deleted text begininsurance frauddeleted text endnew text begin an offense within the Commerce Fraud Bureau's primary jurisdictionnew text end
has been or is being committed; and

(4) report deleted text beginincidents of alleged insurance frauddeleted text endnew text begin crimesnew text end disclosed by deleted text beginitsdeleted text endnew text begin the Commerce
Fraud Bureau's
new text end investigations to appropriate law enforcement agencies, including, but not
limited to, the attorney general, county attorneys, or any other appropriate law enforcement
or regulatory agency, and shall assemble evidence, prepare charges, and otherwise assist
any law enforcement authority having jurisdiction.

Sec. 3.

Minnesota Statutes 2020, section 46.131, subdivision 2, is amended to read:


Subd. 2.

Assessment authority.

Each deleted text beginbank, trust company, savings bank, savings
association, regulated lender, industrial loan and thrift company, credit union, motor vehicle
sales finance company, debt management services provider, debt settlement services provider,
insurance premium finance company, and residential PACE administrator, as defined in
section 216C.435, subdivision 10a,
deleted text endnew text begin financial institution governed by chapters 46 to 59A,
216C, and 332 to 332B that is
new text end organized under the laws of this state or required to be
administered by the commissioner of commerce shall pay into the state treasury its
proportionate share of the cost of maintaining the Department of Commerce.new text begin This subdivision
does not apply to student loan servicers or collection agencies.
new text end

Sec. 4.

Minnesota Statutes 2020, section 46.131, subdivision 4, is amended to read:


Subd. 4.

General assessment basis.

(a) Assessments shall be made by the commissioner
against each institution within the industry on an equitable basis, according to the total assetsnew text begin
or business volume
new text end of each institution as of the end of the previous calendar year.

(b) Assessments against residential PACE administrators, as defined in section 216C.435,
subdivision 10a, must be made by the commissioner according to the total business volume
as of the end of the previous calendar year.

Sec. 5.

Minnesota Statutes 2020, section 46.131, subdivision 11, is amended to read:


Subd. 11.

Financial institutions account; appropriation.

(a) The financial institutions
account is created as a separate account in the special revenue fund. Earnings, including
interest, dividends, and any other earnings arising from account assets, must be credited to
the account.

(b) The account consists of funds received from assessments under subdivision 7,
examination fees under subdivision 8, and funds received pursuant to subdivision 10 and
the following provisions: sectionsnew text begin 46.04; 46.041; 46.048, subdivision 1; 47.101; 47.54,
subdivision 1; 47.60, subdivision 3; 47.62, subdivision 4;
new text endnew text begin48.61, subdivision 7, paragraph
(b); 49.36, subdivision 1; 52.203;
new text end 53B.09; 53B.11, subdivision 1;new text begin 53C.02; 56.02; 58.10;new text end
58A.045, subdivision 2; deleted text beginanddeleted text endnew text begin 59A.03;new text end 216C.437, subdivision 12new text begin; 332A.04; and 332B.04new text end.

(c) Funds in the account are annually appropriated to the commissioner of commerce
for activities under this section.

Sec. 6.

Minnesota Statutes 2020, section 47.08, is amended to read:


47.08 ARTICLES OF INCORPORATION FILED WITH COMMISSIONER.

All persons proposing to incorporate and organize any financial institution, whether
defined or described as such by the laws of the state, shall, before doing any business in the
state as a corporation, deleted text beginand before filing their articles of incorporation with the secretary of
state or with any other officer with whom the law requires such articles to be filed or
recorded,
deleted text end file a copy of deleted text beginsuchdeleted text endnew text begin the proposednew text end articlesnew text begin of incorporationnew text end with the commissioner
of commerce.

Sec. 7.

Minnesota Statutes 2020, section 47.16, subdivision 1, is amended to read:


Subdivision 1.

Filing.

The certificate of a corporation must be filed for record with the
deleted text begin secretary of statedeleted text endnew text begin commissioner of commercenew text end. If the deleted text beginsecretary of statedeleted text endnew text begin commissioner of
commerce
new text end finds that it conforms to law and that the required fee has been paid, the deleted text beginsecretary
of state
deleted text endnew text begin commissioner of commercenew text end must record it and certify that fact on it. deleted text beginThe secretary
of state may not accept a certificate for filing unless the certificate also contains the
endorsement of the commissioner of commerce.
deleted text end

Sec. 8.

Minnesota Statutes 2020, section 47.16, subdivision 2, is amended to read:


Subd. 2.

Certificate of authority.

If the commissioner of commerce is satisfied that the
corporation has been organized for legitimate purposes, and under such conditions as to
merit and have public confidence, and that all provisions of law applicable to every branch
of business in which, by the terms of its certificate, it is authorized to engage, have been
complied with, the commissioner shall so certify. When the original deleted text begincertificate and thedeleted text end
certificate of incorporation deleted text beginfrom the secretary of statedeleted text end is filed with the commissioner of
commerce, the commissioner shall, within 60 days thereafter, execute and deliver to it a
certificate of authority.

Sec. 9.

Minnesota Statutes 2020, section 47.172, subdivision 2, is amended to read:


Subd. 2.

Effect.

The certificate to be filed to accomplish a restated certificate of
incorporation must be entitled "restated certificate of incorporation of (name of financial
corporation)" and must contain a statement that the restated certificate supersedes and takes
the place of the existing certificate of incorporation and all amendments to it. The restated
certificate of incorporation when executed, filed and recorded in the manner prescribed for
certificate of amendment supersedes and takes the place of an existing certificate of
incorporation and amendments to it. deleted text beginThe secretary of state upon request must certify the
restated certificate of incorporation.
deleted text end

Sec. 10.

Minnesota Statutes 2020, section 47.28, subdivision 3, is amended to read:


Subd. 3.

Recording.

Upon receipt of the fees required for filing and recording amended
articles of incorporation of savings banks, the deleted text beginsecretary of statedeleted text endnew text begin commissioner of commercenew text end
shall record the amended articles of incorporation and certify that fact thereon, whereupon
the conversion of such savings bank into a savings association shall become final and
complete and thereafter said corporation shall have the powers and be subject to the duties
and obligations prescribed by the laws of this state applicable to savings associations.

Sec. 11.

Minnesota Statutes 2020, section 47.30, subdivision 5, is amended to read:


Subd. 5.

Recording.

Upon receipt of the fees required for filing and recording amended
articles of incorporation of savings associations, the deleted text beginsecretary of statedeleted text endnew text begin commissioner of
commerce
new text end shall record the amended articles of incorporation and certify that fact thereon,
whereupon the conversion of such savings association into a savings bank shall become
final and complete and thereafter the signers of said amended articles and their successors
shall be a corporation, and have the powers and be subject to the duties and obligations
prescribed by the laws of this state applicable to savings banks.

Sec. 12.

Minnesota Statutes 2020, section 48A.15, subdivision 1, is amended to read:


Subdivision 1.

Authorization.

new text begin(a) new text endA trust company organized under the laws of this
state or a state bank and trust may, after completing the notification procedure required by
this subdivision, establish and maintain a trust service office at any office in this state or of
any other state or national bank. A state bank may, after completing the notification procedure
required by this subdivision, permit a trust company organized under the laws of this state
or a state bank and trust or a national bank in this state that is authorized to exercise trust
powers to establish and maintain a trust service office at any of its banking offices.

new text begin (b) new text endThe trust company or state bank and trust and a state bank at which a trust service
office is to be established according to this section shall jointly file, on forms provided by
the commissioner, a notification of intent to establish a trust service office. The notification
must be accompanied by a filing fee of $100 payable to the commissioner, to be deposited
in the deleted text begingeneral fund of the statedeleted text endnew text begin financial institutions account under section 46.131, subdivision
11
new text end. No trust service office shall be established according to this section if disallowed by
order of the commissioner within 30 days of the filing of a complete and acceptable
notification of intent to establish a trust service office. An order of the commissioner to
disallow the establishment of a trust service office under this section is subject to judicial
review under sections 14.63 to 14.69.

Sec. 13.

Minnesota Statutes 2020, section 53.03, subdivision 1, is amended to read:


Subdivision 1.

Application, fee, notice.

Any corporation hereafter organized as an
industrial loan and thrift company, shall, after compliance with the requirements set forth
in sections 53.01 and 53.02, file a written application with the Department of Commerce
for a certificate of authorization. A corporation that will not sell or issue thrift certificates
for investment as permitted by this chapter need not comply with subdivision 2b. The
application must be in the form prescribed by the Department of Commerce. The application
must be made in the name of the corporation, executed and acknowledged by an officer
designated by the board of directors of the corporation, requesting a certificate authorizing
the corporation to transact business as an industrial loan and thrift company, at the place
and in the name stated in the application. At the time of filing the application the applicant
shall pay $1,500 filing fee if the corporation will not sell or issue thrift certificates for
investment, and a filing fee of $8,000 if the corporation will sell or issue thrift certificates
for investment. The fees must be deleted text beginturned over by the commissioner to the commissioner of
management and budget and credited to the general fund
deleted text endnew text begin collected by the commissioner
and deposited in the financial institutions account under section 46.131, subdivision 11
new text end.
The applicant shall also submit a copy of the bylaws of the corporation, its articles of
incorporation and all amendments thereto at that time. An application for powers under
subdivision 2b must also require that a notice of the filing of the application must be
published once within 30 days of the receipt of the form prescribed by the Department of
Commerce, at the expense of the applicant, in a qualified newspaper published in the
municipality in which the proposed industrial loan and thrift company is to be located, or,
if there be none, in a qualified newspaper likely to give notice in the municipality in which
the company is proposed to be located. If the Department of Commerce receives a written
objection to the application from any person within 15 days of the notice having been fully
published, the commissioner shall proceed in the same manner as required under section
46.041, subdivisions 3 and 4, relating to state banks.

Sec. 14.

Minnesota Statutes 2020, section 53.03, subdivision 5, is amended to read:


Subd. 5.

Place of business.

Not more than one place of business may be maintained
under any certificate of authorization issued subsequent to the enactment of Laws 1943,
chapter 67, pursuant to the provisions of this chapter, but the Department of Commerce
may issue more than one certificate of authorization to the same corporation upon compliance
with all the provisions of this chapter governing an original issuance of a certificate of
authorization. To the extent that previously filed applicable information remains unchanged,
the applicant need not refile this information, unless requested. The filing fee for a branch
application shall be $500 and the investigation fee $250. An industrial loan and thrift
corporation with deposit liabilities may change one or more of its locations upon the written
approval of the commissioner of commerce. A fee of $100 must accompany each application
to the commissioner for approval to change the location of an established office. An industrial
loan and thrift corporation that does not sell and issue thrift certificates for investment may
change one or more locations by giving 30 days' written notice to the Department of
Commerce which shall promptly amend the certificate of authorization accordingly. No
change in place of business of a company to a location outside of its current trade area or
more than 25 miles from its present location, whichever distance is greater, shall be permitted
under the same certificate unless all of the applicable requirements of this section have been
met.new text begin All money collected by the commissioner under this chapter must be deposited into
the financial institutions account under section 46.131, subdivision 11.
new text end

Sec. 15.

Minnesota Statutes 2020, section 53C.02, is amended to read:


53C.02 SALES FINANCE COMPANY; LICENSE, FEES, REFUND.

(a) No person shall engage in the business of a sales finance company in this state without
a license therefor as provided in sections 53C.01 to 53C.14 provided, however, that no bank,
trust company, savings bank, savings association, or credit union, whether state or federally
chartered, industrial loan and thrift company, or licensee under the Minnesota Regulated
Loan Act authorized to do business in this state shall be required to obtain a license under
sections 53C.01 to 53C.14.

(b) The application for a license shall be in writing, under oath and in the form prescribed
by the commissioner. The application shall contain the name of the applicant; date of
incorporation, if incorporated; the address where the business is or is to be conducted and
similar information as to any branch office of the applicant; the name and resident address
of the owner or partners, or, if a corporation or association, of the directors, trustees and
principal officers, and other pertinent information the commissioner requires.

(c) The licensee fee for the fiscal year beginning July 1 and ending June 30 of the
following year, or any part thereof shall be the sum of $250 for the principal place of business
of the licensee, and the sum of $125 for each branch of the licensee. Any licensee who
proves to the satisfaction of the commissioner, by affidavit or other proof satisfactory to
the commissioner, that during the 12 calendar months of the immediately preceding fiscal
year, for which the license has been paid that the licensee has not held retail installment
contracts exceeding $15,000 in amount, shall be entitled to a refund of that portion of each
license fee paid in excess of $25. The commissioner shall certify deleted text beginto the commissioner of
management and budget
deleted text end that the licensee is entitled to a refund, and payment deleted text beginthereofdeleted text endnew text begin of the
refund
new text end shall be made by the commissioner deleted text beginof management and budgetdeleted text end. The amount necessary
to pay for the refundment of the license fee is appropriated deleted text beginout of the general funddeleted text endnew text begin from the
financial institutions account under section 46.131, subdivision 11
new text end. All license fees received
by the commissioner under sections 53C.01 to 53C.14 shall be deposited with the
commissioner of management and budget.

(d) Each license shall specify the location of the office or branch and must be
conspicuously displayed there. In case the location be changed, the commissioner shall
endorse the change of location on the license.

(e) Upon the filing of such application, and the payment of the fee, the commissioner
shall issue a license to the applicant to engage in the business of a sales finance company
under and in accordance with the provisions of sections 53C.01 to 53C.14 for a period which
shall expire the last day of June next following the date of its issuance. The license shall
not be transferable or assignable. No licensee shall transact any business provided for by
sections 53C.01 to 53C.14 under any other name.

(f) Section 58A.04, subdivisions 2 and 3, apply to this section.

Sec. 16.

Minnesota Statutes 2020, section 55.10, subdivision 1, is amended to read:


Subdivision 1.

Permitting access, removal, or delivery.

When a safe deposit box shall
have been hired from any licensed safe deposit company in the name of two or more persons,
including deleted text beginhusband and wifedeleted text endnew text begin a married couplenew text end, with the right of access being given to either,
or with access to either or the survivor or survivors of the person, or property is held for
safekeeping by any licensed safe deposit company for two or more persons, including
deleted text begin husband and wifedeleted text endnew text begin a married couplenew text end, with the right of delivery being given to either, or with
the right of delivery to either of the survivor or survivors of these persons, any one or more
of these persons, whether the other or others be living or not, shall have the right of access
to the safe deposit box and the right to remove all, or any part, of the contents thereof, or
to have delivered to all or any one of them, or any part of the valuable personal property so
held for safekeeping; and, in case of this access, removal, or delivery, the safe deposit
company shall be exempt from any liability for permitting the access, removal, or delivery.

Sec. 17.

Minnesota Statutes 2020, section 56.02, is amended to read:


56.02 APPLICATION FEE.

(a) Application for license shall be in writing, under oath, and in the form prescribed by
the commissioner, and contain the name and the address, both of the residence and place
of business, of the applicant and, if the applicant is a copartnership or association, of every
member thereof, and if a corporation, of each officer and director thereof; also the county
and municipality, with street and number, if any, where the business is to be conducted, and
such further information as the commissioner may require. The applicant at the time of
making application, shall pay to the commissioner the sum of $500 as a fee for investigating
the application, and the additional sum of $250 as an annual license fee for a period
terminating on the last day of the current calendar year. In addition to the annual license
fee, every licensee hereunder shall pay to the commissioner the actual costs of each
examination, as provided for in section 56.10. All deleted text beginmoneysdeleted text endnew text begin moneynew text end collected by the
commissioner under this chapter shall be deleted text beginturned over to the commissioner of management
and budget and credited by the commissioner of management and budget to the general
fund of the state
deleted text endnew text begin deposited in the financial institutions account under section 46.131,
subdivision 11
new text end.

(b) Every applicant shall also prove, in form satisfactory to the commissioner, that the
applicant has available for the operation of the business at the location specified in the
application, liquid assets of at least $50,000.

(c) Section 58A.04, subdivisions 2 and 3, apply to this section.

Sec. 18.

Minnesota Statutes 2020, section 60A.031, subdivision 6, is amended to read:


Subd. 6.

Penalty.

new text begin(a) new text endNotwithstanding section 72A.05, any person who violates or aids
and abets any violation of a written order issued pursuant to this section may be fined not
more than $10,000 for each day the violation continues for each violation of the order and
the money so recovered shall be paid into the general fund.

new text begin (b) For conduct prohibited under chapters 60A to 79, multiple violations of an identical
or substantially similar law, rule, or order shall be considered a single violation under this
section and section 45.027. This paragraph does not apply to willful violations by the insurer.
This paragraph does not apply to violations that the insurer has not taken corrective action
for and that:
new text end

new text begin (1) cause financial harm to the policyholder;
new text end

new text begin (2) constitute an unfair method of competition; or
new text end

new text begin (3) constitute an unfair or deceptive act or practice.
new text end

new text begin (c) For any applicable penalty imposed by the commissioner under this section, the
commissioner must consider whether corrective action for the consumer was taken promptly
after a violation was discovered or the violation was not part of a pattern or practice, and
shall reduce or eliminate the penalty accordingly.
new text end

new text begin (d) This subdivision does not apply if a different penalty is specified under law.
new text end

Sec. 19.

Minnesota Statutes 2020, section 60A.031, is amended by adding a subdivision
to read:


new text begin Subd. 10. new text end

new text begin Limitation of enforcement actions or administrative proceedings. new text end

new text begin An
enforcement action or administrative proceeding brought by the commissioner against a
licensee who violates any law, rule, or order related to the duties and responsibilities entrusted
to the commissioner in chapters 60A to 79, including without limitation the issuance of an
order pursuant to chapters 60A to 79, must be commenced within nine years of the date the
violation occurs unless the violation arises out of a contract that remains in force, in which
case the action or administrative proceeding must be commenced within two years of the
date of the discovery of the violation. If the licensee attempts to conceal a violation, an
enforcement action or administrative proceeding must be brought by the commissioner
within nine years of discovery of the violation by the commissioner.
new text end

Sec. 20.

Minnesota Statutes 2020, section 60A.031, is amended by adding a subdivision
to read:


new text begin Subd. 11. new text end

new text begin Multistate examinations. new text end

new text begin If the commissioner elects to participate in an
examination of a licensee that involves multiple states, the commissioner is prohibited from
commencing, undertaking, or continuing an examination under this section against the
subject examinee related to the same alleged conduct, including without limitation incurring
or charging any examination costs, unless and until the multistate examination is complete
or Minnesota has formally withdrawn from that examination. With respect to any completed
multistate examination that Minnesota elected to participate in, the commissioner is prohibited
from taking separate action against a licensee that was subject to the multistate examination
unless the commissioner follows the procedures set forth in this section and section 60A.033,
as applicable.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022, and applies to
examinations and investigations initiated on or after that date.
new text end

Sec. 21.

Minnesota Statutes 2020, section 60A.033, subdivision 8, is amended to read:


Subd. 8.

Costs.

All bills for examination costs being charged to an insurance company
pursuant to subdivision 5 or section 60A.031, subdivision 3, paragraph (c), must:

(1) be itemized and, with respect to examiner billings, contain activity detail on a quarterly
hourly basis by an individual examiner and disclose the applicable hourly billing rates,
together with per-charge detail for related travel or other expenses; and

(2) provide a due date no less than deleted text begin30deleted text endnew text begin 60new text end days from receipt of the bill.

new text begin EFFECTIVE DATE. new text end

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

Sec. 22.

Minnesota Statutes 2020, section 60A.033, subdivision 9, is amended to read:


Subd. 9.

Completion of examination.

An examination under section 60A.031 must not
exceed 18 months from the date the commissioner receives the insurance company's first
submission pursuant to a scheduling order, unless:

(1) the commissioner determines that there has been a material lack of cooperation by
the insurance companynew text begin and advises the company in writing of the specific instances
demonstrating a lack of cooperation
new text end;

(2) the examination is a multistate examination; or

(3) the commissioner determines that additional time is necessary to complete the
examination and the commissioner notifies the insurance company in writing of the reasons
why the examination requires additional time.

new text begin EFFECTIVE DATE. new text end

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

Sec. 23.

Minnesota Statutes 2020, section 60A.033, is amended by adding a subdivision
to read:


new text begin Subd. 11. new text end

new text begin Informal disposition. new text end

new text begin (a) The commissioner must make an attempt to
informally resolve any alleged violations of law identified during the examination or
investigation. An attempt to informally resolve a violation may consist of a consent order,
nonpublic letter of reprimand, or other informal resolution or disposition.
new text end

new text begin (b) The terms of a consent order or other informal disposition that prescribes compliance
requirements must be consistent with the requirements of Minnesota law.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 24.

Minnesota Statutes 2020, section 60A.033, is amended by adding a subdivision
to read:


new text begin Subd. 12. new text end

new text begin Report to the legislature. new text end

new text begin Each year by February 1, the commissioner must
report the following information to the chairs and ranking minority members of the house
of representatives and senate committees having jurisdiction over commerce:
new text end

new text begin (1) a listing of the number of pending market conduct exams and the year the exams
were commenced;
new text end

new text begin (2) the number of exams closed during the prior year and the current total of costs charged
to the companies for each exam;
new text end

new text begin (3) whether the exam is being conducted, in whole or in part, by third-party examiners;
and
new text end

new text begin (4) other information that the chairs or ranking minority members may reasonably
request, subject to the limitations of section 60A.031, subdivision 4, paragraph (f).
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 25.

Minnesota Statutes 2020, section 60A.954, subdivision 1, is amended to read:


Subdivision 1.

Establishment.

An insurer shall institute, implement, and maintain an
antifraud plan. For the purpose of this section, the term insurer does not include reinsurers,
the Workers' Compensation Reinsurance Association, self-insurers, and excess insurers.
Within 30 days after instituting or new text beginmaterially new text endmodifying an antifraud plan, the insurer shall
notify the commissioner in writing. The notice must include the name of the person
responsible for administering the plan. An antifraud plan shall establish procedures to:

(1) prevent insurance fraud, including: internal fraud involving the insurer's officers,
employees, or agents; fraud resulting from misrepresentations on applications for insurance;
and claims fraud;

(2) report insurance fraud to appropriate law enforcement authorities; and

(3) cooperate with the prosecution of insurance fraud cases.

Sec. 26.

new text begin [60B.335] FEDERAL HOME LOAN BANK RIGHTS; COLLATERAL
PLEDGED BY INSURER-MEMBERS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the following terms have
the meanings given.
new text end

new text begin (b) "Federal home loan bank" means a federal home loan bank established under the
federal Home Loan Bank Act, United States Code, title 12, section 1421 et seq.
new text end

new text begin (c) "Insurer-member" means an insurer that is a member of a federal home loan bank.
new text end

new text begin Subd. 2. new text end

new text begin Certain rights provided. new text end

new text begin (a) Notwithstanding any law to the contrary, after
the seventh day following the filing of a delinquency proceeding, a federal home loan bank
must not be stayed or prohibited from exercising the federal home loan bank's rights regarding
collateral pledged by an insurer-member.
new text end

new text begin (b) If a federal home loan bank exercises rights regarding collateral pledged by an
insurer-member subject to a delinquency proceeding, the federal home loan bank must
repurchase any outstanding capital stock that is in excess of the amount of federal home
loan bank stock that the insurer-member is required to hold as a minimum investment, to
the extent the federal home loan bank determines in good faith that the repurchase is: (1)
permissible under applicable laws, regulations, regulatory obligations, and the federal home
loan bank's capital plan; and (2) consistent with the federal home loan bank's current capital
stock practices applicable to the federal home loan bank's entire membership.
new text end

new text begin Subd. 3. new text end

new text begin Process and timeline required. new text end

new text begin Following the appointment of a receiver for
an insurer-member, the federal home loan bank must, within ten business days after the
date a request is received from the receiver, provide a process and establish a timeline for:
new text end

new text begin (1) release of collateral that exceeds the amount required to support secured obligations
remaining after any repayment of loans, as determined in accordance with the applicable
agreements between the federal home loan bank and the insurer-member;
new text end

new text begin (2) release of any of the insurer-member's collateral remaining in the federal home loan
bank's possession following repayment in full of the insurer-member's outstanding secured
obligations;
new text end

new text begin (3) payment of fees owed by the insurer-member and the operation of the
insurer-member's deposits and other accounts with the federal home loan bank; and
new text end

new text begin (4) possible redemption or repurchase of federal home loan bank stock or excess stock
of any class that an insurer-member is required to own.
new text end

new text begin Subd. 4. new text end

new text begin Options; renew or restructure. new text end

new text begin Upon request from a receiver, the federal
home loan bank must provide the options available for an insurer-member subject to a
delinquency proceeding to renew or restructure a loan to defer associated prepayment fees,
subject to (1) market conditions, (2) the terms of any loans outstanding to the insurer-member,
(3) the federal home loan bank's applicable policies, and (4) the federal home loan bank's
compliance with federal laws and regulations.
new text end

new text begin Subd. 5. new text end

new text begin Void transfers prohibited. new text end

new text begin (a) Notwithstanding any law to the contrary, the
receiver for an insurer-member is prohibited from voiding any transfer of, or any obligation
to transfer, money or any other property arising under or in connection with: (1) any federal
home loan bank security agreement; (2) any pledge, security, collateral, or guarantee
agreement; or (3) any other similar arrangement or credit enhancement relating to a federal
home loan bank security agreement made in the ordinary course of business and in
compliance with the applicable federal home loan bank agreement.
new text end

new text begin (b) A transfer may be voided under this section if the transfer was made with intent to
hinder, delay, or defraud the insurer-member, the receiver for the insurer-member, or existing
or future creditors.
new text end

new text begin (c) This section does not affect a receiver's rights regarding advances to an
insurer-member in delinquency proceedings pursuant to Code of Federal Regulations, title
12, part 1266.4.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment and
applies to delinquency proceedings filed on or after that date.
new text end

Sec. 27.

Minnesota Statutes 2020, section 65B.84, subdivision 1, is amended to read:


Subdivision 1.

Program described; commissioner's duties; appropriation.

(a) The
commissioner of commerce shall:

(1) develop and sponsor the implementation of statewide plans, programs, and strategies
to combat automobile theft, improve the administration of the automobile theft laws, and
provide a forum for identification of critical problems for those persons dealing with
automobile theft;

(2) coordinate the development, adoption, and implementation of plans, programs, and
strategies relating to interagency and intergovernmental cooperation with respect to
automobile theft enforcement;

(3) annually audit the plans and programs that have been funded in whole or in part to
evaluate the effectiveness of the plans and programs and withdraw funding should the
commissioner determine that a plan or program is ineffective or is no longer in need of
further financial support from the fund;

(4) develop a plan of operation including:

(i) an assessment of the scope of the problem of automobile theft, including areas of the
state where the problem is greatest;

(ii) an analysis of various methods of combating the problem of automobile theft;

(iii) a plan for providing financial support to combat automobile theft;

(iv) a plan for eliminating car hijacking; and

(v) an estimate of the funds required to implement the plan; and

(5) distribute money, in consultation with the commissioner of public safety, pursuant
to subdivision 3 from the automobile theft prevention special revenue account for automobile
theft prevention activities, including:

(i) paying the administrative costs of the program;

(ii) providing financial support to the State Patrol and local law enforcement agencies
for automobile theft enforcement teams;

(iii) providing financial support to state or local law enforcement agencies for programs
designed to reduce the incidence of automobile theft and for improved equipment and
techniques for responding to automobile thefts;

(iv) providing financial support to local prosecutors for programs designed to reduce
the incidence of automobile theft;

(v) providing financial support to judicial agencies for programs designed to reduce the
incidence of automobile theft;

(vi) providing financial support for neighborhood or community organizations or business
organizations for programs designed to reduce the incidence of automobile theft and to
educate people about the common methods of automobile theft, the models of automobiles
most likely to be stolen, and the times and places automobile theft is most likely to occur;
and

(vii) providing financial support for automobile theft educational and training programs
for state and local law enforcement officials, driver and vehicle services exam and inspections
staff, and members of the judiciary.

(b) The commissioner may not spend in any fiscal year more than ten percent of the
money in the fund for the program's administrative and operating costs. The commissioner
is annually appropriated and must distribute the amount of the proceeds credited to the
automobile theft prevention special revenue account each year, less the transfer of $1,300,000
each year to the insurance fraud prevention account described in section 297I.11, subdivision
2
.

(c) At the end of each fiscal year, the commissioner may transfer any unobligated balances
in the auto theft prevention account to the insurance fraud prevention account under section
45.0135, subdivision 6.

new text begin (d) The commissioner must establish a library of equipment to combat automobile-related
theft offenses. The equipment must be available to all law enforcement agencies upon
request to support law enforcement agency efforts to combat automobile theft.
new text end

Sec. 28.

Minnesota Statutes 2020, section 65B.84, subdivision 2, is amended to read:


Subd. 2.

Annual report.

By deleted text beginJanuary 15 ofdeleted text endnew text begin September 30new text end each year, the commissioner
shall report to the governor and the chairs and ranking minority members of the house of
representatives and senate committees having jurisdiction over the Departments of Commerce
and Public Safety on the activities and expenditures in the preceding year.

Sec. 29.

new text begin [72A.071] REBATES.
new text end

new text begin Subdivision 1. new text end

new text begin Prohibition. new text end

new text begin Notwithstanding any law to the contrary, insurers and
producers are prohibited from knowingly permitting or offering to make or making any life
insurance policy or annuity, or policy of accident and sickness insurance, or health plan or
other insurance, or agreement as to such contract other than as plainly expressed in the
policy issued thereon, or paying or allowing, or giving or offering to pay, allow, or give,
directly or indirectly, as inducement to such policy, any rebate of premiums payable on the
policy, or any special favor or advantage in the dividends or other benefits thereon, or any
valuable consideration or inducement whatever not specified in the policy; or giving, or
selling, or purchasing or offering to give, sell, or purchase as inducement to such policy or
annuity or in connection therewith, any stocks, bonds or other securities of any company
or other corporation, association or partnership, or any dividends or profits accrued thereon,
or anything of value whatsoever not specified in the policy.
new text end

new text begin Subd. 2. new text end

new text begin Practices not considered discrimination or rebates. new text end

new text begin (a) Nothing in subdivision
1, section 72A.20, subdivisions 8 or 9, or section 72A.12, subdivisions 3 or 4, shall be
construed as including within the definition of discrimination or rebates any of the following
practices:
new text end

new text begin (1) in the case of life insurance policies or annuities, paying bonuses to policyholders
or otherwise abating their premiums in whole or in part out of surplus accumulated from
nonparticipating insurance, provided that any such bonuses or abatement of premiums shall
be fair and equitable to policyholders and for the best interests of the company and its
policyholders;
new text end

new text begin (2) in the case of life insurance policies issued on the industrial debit plan, making
allowance to policyholders who have continuously for a specified period made premium
payments directly to an office of the insurer in an amount that fairly represents the saving
in collection expenses;
new text end

new text begin (3) readjusting the rate of premium for a group insurance policy based on the loss or
expense thereunder, at the end of the first or any subsequent policy year of insurance
thereunder, which may be made retroactive only for such policy year;
new text end

new text begin (4) engaging in an arrangement that would not violate United States Code 1972, title
12, section 106, as interpreted by the Board of Governors of the Federal Reserve System,
or United States Code, title 12, section 1464(q); or
new text end

new text begin (5) the offer or provision by insurers or producers, by or through employees, affiliates,
or third-party representatives, of value-added products or services at no or reduced cost
when such products or services are not specified in the policy of insurance if the product
or service relates to the insurance coverage and is designed to satisfy one or more of the
following:
new text end

new text begin (i) provide loss mitigation or loss control;
new text end

new text begin (ii) reduce claim costs or claim settlement costs;
new text end

new text begin (iii) provide education about liability risks or risk of loss to persons or property;
new text end

new text begin (iv) monitor or assess risk, identify sources of risk, or develop strategies for eliminating
or reducing risk;
new text end

new text begin (v) enhance health;
new text end

new text begin (vi) enhance financial wellness through items such as education or financial planning
services;
new text end

new text begin (vii) provide post-loss services;
new text end

new text begin (viii) incent behavioral changes to improve the health or reduce the risk of death or
disability of a customer, a policyholder, potential policyholder, certificate holder, potential
certificate holder, insured, potential insured, or applicant; or
new text end

new text begin (ix) assist in the administration of the employee or retiree benefit insurance coverage.
new text end

new text begin (b) The cost to the insurer or producer offering the product or service to a customer must
be reasonable in comparison to that customer's premiums or insurance coverage for the
policy class.
new text end

new text begin (c) If the insurer or producer is providing the product or service offered, the insurer or
producer must ensure that upon request the customer is provided with contact information
to assist the customer with questions regarding the product or service.
new text end

new text begin (d) The availability of the value-added product or service must be based on documented
objective criteria and offered in a manner that is not unfairly discriminatory. The documented
criteria must be maintained by the insurer or producer and produced upon request of the
commissioner.
new text end

new text begin (e) If an insurer or producer does not have sufficient evidence but has a good-faith belief
that the product or service meets the criteria of paragraph (a), clause (5), items (i) through
(ix), the insurer or producer may provide the product or service in a manner that is not
unfairly discriminatory as part of a pilot or testing program for no more than one year. An
insurer or producer must notify the commissioner of such a pilot or testing program offered
to consumers in this state prior to launching and may proceed with the program unless the
commissioner objects within 45 days of notice.
new text end

new text begin Subd. 3. new text end

new text begin Exceptions. new text end

new text begin (a) An insurer or producer may:
new text end

new text begin (1) offer or give noncash gifts, items, or services, including meals to or charitable
donations on behalf of a customer, in connection with the marketing, sale, purchase, or
retention of contracts of insurance, as long as the cost does not exceed the lesser of five
percent of the current or projected policyholder premium or $250 per policy year per term.
The offer must be made in a manner that is not unfairly discriminatory. The customer may
not be required to purchase, continue to purchase, or renew a policy in exchange for the
gift, item, or service;
new text end

new text begin (2) offer or give noncash gifts, items, or services including meals to or charitable
donations on behalf of a customer, to commercial or institutional customers in connection
with the marketing, sale, purchase, or retention of contracts of insurance, as long as the cost
is reasonable in comparison to the premium or proposed premium and the cost of the gift
or service is not included in any amounts charged to another person or entity. The offer
must be made in a manner that is not unfairly discriminatory. The customer may not be
required to purchase, continue to purchase, or renew a policy in exchange for the gift, item,
or service; and
new text end

new text begin (3) conduct raffles or drawings to the extent permitted by state law, as long as there is
no financial cost to entrants to participate, the drawing or raffle does not obligate participants
to purchase insurance, the prizes do not exceed the lesser of five percent of the current or
projected policyholder premium or $500, and the drawing or raffle is open to the public.
The raffle or drawing must be offered in a manner that is not unfairly discriminatory. The
customer may not be required to purchase, continue to purchase, or renew a policy in
exchange for the gift, item, or service.
new text end

new text begin (b) An insurer, producer, or representative of either may not offer or provide insurance
at no cost as an inducement to the purchase of another policy.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2023.
new text end

Sec. 30.

Minnesota Statutes 2020, section 72A.12, subdivision 4, is amended to read:


Subd. 4.

Discriminationdeleted text begin; rebatesdeleted text end.

deleted text begin(a)deleted text end No life insurance company doing business in this
state shall make or permit any distinction or discrimination in favor of individuals between
insurants of the same class and equal expectation of life in the amount or payment of
premiums or rates charged for policies of life or endowment insurance, or in the dividends
or other benefits payable thereon, or in any other of the terms and conditions of the contracts
it makes; nor shall any such company or agent thereof make any contract of insurance or
agreement as to such contract other than as plainly expressed in the policy issued thereondeleted text begin;
nor shall any such company or any officer, agent, solicitor, or representative thereof pay,
allow or give, or offer to pay, allow or give, directly or indirectly, as inducement to insurance,
any rebate of premium payable on the policy, or any special favor or advantage in the
dividends or other benefits to accrue thereon or any paid employment or contract for services
of any kind, or any valuable consideration or inducement whatever not specified in the
policy contract of insurance
deleted text end.

Any violation of the provisions of this subdivision shall be a misdemeanor and punishable
as such.

deleted text begin (b) A promotional advertising item of $25 or less or a gift of $25 or less per year is not
a rebate if the receipt of the item or gift is not conditioned upon purchase of an insurance
policy or product.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2023.
new text end

Sec. 31.

Minnesota Statutes 2020, section 72A.20, subdivision 11, is amended to read:


Subd. 11.

Application to certain sections.

Violating any provision of the following
sections of this chapter not set forth in this section shall constitute an unfair method of
competition and an unfair and deceptive act or practice: sections 72A.12, subdivisions 2,
3, and 4
, 72A.16, subdivision 2, 72A.03 and 72A.04, deleted text begin72A.08, subdivision 1, as modified
by sections 72A.08, subdivision 4
deleted text end,new text begin 72A.071,new text end 72A.201, and deleted text beginsectionsdeleted text end 72A.49 to 72A.505.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2023.
new text end

Sec. 32.

Minnesota Statutes 2020, section 72A.328, subdivision 1, is amended to read:


Subdivision 1.

Definitions.

(a) For purposes of this section the following terms have
the meanings given.

(b) "Affinity program" means deleted text beginadeleted text endnew text begin an organization ornew text end group new text beginformed around a common
interest or specified purpose, or a group
new text endof individuals who are members of an entity that
offers individuals benefits based on their membership in that entity. Affinity program does
not include an entity that obtains group insurance, as defined in section 60A.02, subdivision
28
, or risk retention groups as defined in section 60E.02, subdivision 12.

(c) "Policy" means an individually underwritten policy of private passenger vehicle
insurance, as defined in section 65B.001, subdivision 2, an individually underwritten policy
of homeowner's insurance, as defined in section 65A.27, subdivision 4, or an individually
underwritten policy issued under section 60A.06, subdivision 1, clause (10).

Sec. 33.

Minnesota Statutes 2020, section 72A.328, subdivision 2, is amended to read:


Subd. 2.

Discount.

An insurance company may offer an individual a discount or other
benefit relating to a policy based on the individual's membership in an affinity program if:

(1) the benefit or discount is deleted text beginbased on an actuarial justificationdeleted text endnew text begin calculated in accordance
with section 70A.04
new text end; and

(2) deleted text beginthe insurance company offers the benefit or discount todeleted text end all members of the affinity
programnew text begin arenew text end eligible for the discount or benefit.

Sec. 34.

Minnesota Statutes 2020, section 80A.61, is amended to read:


80A.61 SECTION 406; REGISTRATION BY BROKER-DEALER, AGENT,
FUNDING PORTAL, INVESTMENT ADVISER, AND INVESTMENT ADVISER
REPRESENTATIVE.

(a) Application for initial registration by broker-dealer, agent, investment adviser,
or investment adviser representative.
A person shall register as a broker-dealer, agent,
investment adviser, or investment adviser representative by filing an application and a
consent to service of process complying with section 80A.88, and paying the fee specified
in section 80A.65 and any reasonable fees charged by the designee of the administrator for
processing the filing. The application must contain:

(1) the information or record required for the filing of a uniform application; and

(2) upon request by the administrator, any other financial or other information or record
that the administrator determines is appropriate.

(b) Amendment. If the information or record contained in an application filed under
subsection (a) is or becomes inaccurate or incomplete in a material respect, the registrant
shall promptly file a correcting amendment.

(c) Effectiveness of registration. If an order is not in effect and a proceeding is not
pending under section 80A.67, registration becomes effective at noon on the 45th day after
a completed application is filed, unless the registration is denied. A rule adopted or order
issued under this chapter may set an earlier effective date or may defer the effective date
until noon on the 45th day after the filing of any amendment completing the application.

(d) Registration renewal. A registration is effective until midnight on December 31 of
the year for which the application for registration is filed. Unless an order is in effect under
section 80A.67, a registration may be automatically renewed each year by filing such records
as are required by rule adopted or order issued under this chapter, by paying the fee specified
in section 80A.65, and by paying costs charged by the designee of the administrator for
processing the filings.

(e) Additional conditions or waivers. A rule adopted or order issued under this chapter
may impose such other conditions, not inconsistent with the National Securities Markets
Improvement Act of 1996. An order issued under this chapter may waive, in whole or in
part, specific requirements in connection with registration as are in the public interest and
for the protection of investors.

(f) Funding portal registration. A funding portal that has its principal place of business
in the state of Minnesota shall register with the state of Minnesota by filing with the
administrator a copy of the information or record required for the filing of an application
for registration as a funding portal in the manner established by the Securities and Exchange
Commission and/or the Financial Institutions Regulatory Authority (FINRA), along with
any rule adopted or order issued, and any amendments thereto.

(g) Application for investment adviser representative registration.

(1) The application for initial registration as an investment adviser representative pursuant
to section 80A.58 is made by completing Form U-4 (Uniform Application for Securities
Industry Registration or Transfer) in accordance with the form instructions and by filing
the form U-4 with the IARD. The application for initial registration must also include the
following:

(i) proof of compliance by the investment adviser representative with the examination
requirements of:

(A) the Uniform Investment Adviser Law Examination (Series 65); or

(B) deleted text beginthe General Securities Representative Examination (Series 7) anddeleted text end the Uniform
Combined State Law Examination (Series 66);

(ii) any other information the administrator may reasonably require.

(2) The application for the annual renewal registration as an investment adviser
representative shall be filed with the IARD.

(3)(i) The investment adviser representative is under a continuing obligation to update
information required by Form U-4 as changes occur;

(ii) An investment adviser representative and the investment adviser must file promptly
with the IARD any amendments to the representative's Form U-4; and

(iii) An amendment will be considered to be filed promptly if the amendment is filed
within 30 days of the event that requires the filing of the amendment.

(4) An application for initial or renewal of registration is not considered filed for purposes
of section 80A.58 until the required fee and all required submissions have been received
by the administrator.

(5) The application for withdrawal of registration as an investment adviser representative
pursuant to section 80A.58 shall be completed by following the instructions on Form U-5
(Uniform Termination Notice for Securities Industry Registration) and filed upon Form U-5
with the IARD.

Sec. 35.

Minnesota Statutes 2020, section 80C.05, subdivision 2, is amended to read:


Subd. 2.

Commissioner's powers.

The commissioner shall have power to place such
conditions, limitations, and restrictions on any registration as may be necessary to carry out
the purposes of sections 80C.01 to 80C.22. Upon compliance with the provisions of sections
80C.01 to 80C.22 and other requirements of the commissioner, and if the commissioner
finds no ground for denial of the registration, the commissioner shall register the franchise.
Registration deleted text beginshall be by entry in a book called Register of Franchises, which entrydeleted text end shall
show the franchise registered and for whom registered, and shall specify the conditions,
limitations, and restrictions upon such registration, if any, or shall make proper reference
to a formal order of the commissioner on file showing such conditions, limitations, and
restrictions. The registration shall become effective upon issuance by the commissioner of
an order for registration.

Sec. 36.

Minnesota Statutes 2020, section 80E.13, is amended to read:


80E.13 UNFAIR PRACTICES BY MANUFACTURERS, DISTRIBUTORS,
FACTORY BRANCHES.

It is unlawful and an unfair practice for a manufacturer, distributor, or factory branch
to engage in any of the following practicesnew text begin directly or through an entity that it controls or
is controlled by
new text end:

(a) delay, refuse, or fail to deliver new motor vehicles or new motor vehicle parts or
accessories in reasonable time and in reasonable quantity relative to the new motor vehicle
dealer's facilities and sales potential in the dealer's relevant market area, after having accepted
an order from a new motor vehicle dealer having a franchise for the retail sale of any new
motor vehicle sold or distributed by the manufacturer or distributor, if the new motor vehicle
or new motor vehicle parts or accessories are publicly advertised as being available for
delivery or actually being delivered. This clause is not violated, however, if the failure is
caused by acts or causes beyond the control of the manufacturer;

(b) refuse to disclose to any new motor vehicle dealer handling the same line make, the
manner and mode of distribution of that line make within the relevant market area;

(c) obtain money, goods, service, or any other benefit from any other person with whom
the dealer does business, on account of, or in relation to, the transaction between the dealer
and the other person, other than for compensation for services rendered, unless the benefit
is promptly accounted for, and transmitted to, the new motor vehicle dealer;

(d) increase prices of new motor vehicles which the new motor vehicle dealer had ordered
for private retail consumers prior to the dealer's receiving the written official price increase
notification. A sales contract signed by a private retail consumer shall constitute evidence
of each order if the vehicle is in fact delivered to that customer. In the event of manufacturer
price reductions, the amount of any reduction received by a dealer shall be passed on to the
private retail consumer by the dealer if the retail price was negotiated on the basis of the
previous higher price to the dealer;

(e) offer any refunds or other types of inducements to any new motor vehicle dealer for
the purchase of new motor vehicles of a certain line make without making the same offer
to all other new motor vehicle dealers in the same line make within geographic areas
reasonably determined by the manufacturer;

(f) release to any outside party, except under subpoena or in an administrative or judicial
proceeding involving the manufacturer or dealer, any business, financial, or personal
information which may be provided by the dealer to the manufacturer, without the express
written consent of the dealer or unless pertinent to judicial or governmental administrative
proceedings or to arbitration proceedings of any kind;

(g) deny any new motor vehicle dealer the right of free association with any other new
motor vehicle dealer for any lawful purpose;

(h) unfairly discriminate among its new motor vehicle dealers with respect to warranty
reimbursement or authority granted its new vehicle dealers to make warranty adjustments
with retail customers;

(i) compete with a new motor vehicle dealer in the same line make operating under an
agreement or franchise from the same manufacturer, distributor, or factory branch. A
manufacturer, distributor, or factory branch is considered to be competing when it has an
ownership interest, other than a passive interest held for investment purposes, in a dealership
of its line make deleted text beginlocated within thedeleted text endnew text begin in this state, or in a dealership of a competing line make
in this
new text end state. A manufacturer, distributor, or factory branch shall not, however, be deemed
to be competing when operating a dealership, either temporarily or for a reasonable period,
which is for sale to any qualified independent person at a fair and reasonable price, or when
involved in a bona fide relationship in which an independent person has made a significant
investment subject to loss in the dealership and can reasonably expect to acquire full
ownership and full management and operational control of the dealership within a reasonable
time on reasonable terms and conditions;

(j) prevent a new motor vehicle dealer from transferring or assigning a new motor vehicle
dealership to a qualified transferee. There shall be no transfer, assignment of the franchise,
or major change in the executive management of the dealership, except as is otherwise
provided in sections 80E.01 to 80E.17, without consent of the manufacturer, which shall
not be withheld without good cause. In determining whether good cause exists for
withholding consent to a transfer or assignment, the manufacturer, distributor, factory
branch, or importer has the burden of proving that the transferee is a person who is not of
good moral character or does not meet the franchisor's existing and reasonable capital
standards and, considering the volume of sales and service of the new motor vehicle dealer,
reasonable business experience standards in the market area. Denial of the request must be
in writing and delivered to the new motor vehicle dealer within 60 days after the manufacturer
receives the completed application customarily used by the manufacturer, distributor, factory
branch, or importer for dealer appointments. If a denial is not sent within this period, the
manufacturer shall be deemed to have given its consent to the proposed transfer or change.
In the event of a proposed sale or transfer of a franchise, the manufacturer, distributor,
factory branch, or importer shall be permitted to exercise a right of first refusal to acquire
the franchisee's assets or ownership if:

(1) the franchise agreement permits the manufacturer, distributor, factory branch, or
importer to exercise a right of first refusal to acquire the franchisee's assets or ownership
in the event of a proposed sale or transfer;

(2) the proposed transfer of the dealership or its assets is of more than 50 percent of the
ownership or assets;

(3) the manufacturer, distributor, factory branch, or importer notifies the dealer in writing
within 60 days of its receipt of the complete written proposal for the proposed sale or transfer
on forms generally utilized by the manufacturer, distributor, factory branch, or importer for
such purposes and containing the information required therein and all documents and
agreements relating to the proposed sale or transfer;

(4) the exercise of the right of first refusal will result in the dealer and dealer's owners
receiving the same or greater consideration with equivalent terms of sale as is provided in
the documents and agreements submitted to the manufacturer, distributor, factory branch,
or importer under clause (3);

(5) the proposed change of 50 percent or more of the ownership or of the dealership
assets does not involve the transfer or sale of assets or the transfer or issuance of stock by
the dealer or one or more dealer owners to a family member, including a spouse, child,
stepchild, grandchild, spouse of a child or grandchild, brother, sister, or parent of the dealer
owner; to a manager who has been employed in the dealership for at least four years and is
otherwise qualified as a dealer operator; or to a partnership or corporation owned and
controlled by one or more of such persons; and

(6) the manufacturer, distributor, factory branch, or importer agrees to pay the reasonable
expenses, including reasonable attorney fees, which do not exceed the usual customary and
reasonable fees charged for similar work done for other clients incurred by the proposed
new owner and transferee before the manufacturer, distributor, factory branch, or importer
exercises its right of first refusal, in negotiating and implementing the contract for the
proposed change of ownership or transfer of dealership assets. However, payment of such
expenses and attorney fees shall not be required if the dealer has not submitted or caused
to be submitted an accounting of those expenses within 20 days after the dealer's receipt of
the manufacturer, distributor, factory branch, or importer's written request for such an
accounting. The manufacturer, distributor, factory branch, or importer may request such an
accounting before exercising its right of first refusal. The obligation created under this clause
is enforceable by the transferee;

(k) threaten to modify or replace or modify or replace a franchise with a succeeding
franchise that would adversely alter the rights or obligations of a new motor vehicle dealer
under an existing franchise or that substantially impairs the sales or service obligations or
investments of the motor vehicle dealer;

(l) unreasonably deny the right to acquire factory program vehicles to any dealer holding
a valid franchise from the manufacturer to sell the same line make of vehicles, provided
that the manufacturer may impose reasonable restrictions and limitations on the purchase
or resale of program vehicles to be applied equitably to all of its franchised dealers. For the
purposes of this paragraph, "factory program vehicle" has the meaning given the term in
section 80E.06, subdivision 2;

(m)new text begin except as provided in paragraph (n),new text end fail or refuse to offer to its same line make
franchised dealers all models manufactured for that line make, deleted text beginother thandeleted text endnew text begin includingnew text end alternative
fuel vehicles as defined in section 216C.01, subdivision 1b. Failure to offer a model is not
a violation of this section if the failure is not arbitrary and is due to a lack of manufacturing
capacity, a strike, labor difficulty, or other cause over which the manufacturer, distributor,
or factory branch has no control;

(n) require a dealer to pay an extra fee, or remodel, renovate, or recondition the dealer's
existing facilities, or purchase unreasonable advertising displays, training, tools, or other
materials, or to require the dealer to establish exclusive facilities or dedicated personnel as
a prerequisite to receiving a model or a series of vehiclesnew text begin. A manufacturer, distributor, or
factory branch may require a dealer to comply with reasonable requirements for the sale
and service of an alternative fuel vehicle or to serve an alternative fuel vehicle customer
new text end;

(o) require a dealer by program, incentive provision, or otherwise to adhere to
performance standards that are not applied uniformly to other similarly situated dealers.

A performance standard, sales objective, or program for measuring dealership performance
that may have a material effect on a dealer, including the dealer's right to payment under
any incentive or reimbursement program, and the application of the standard or program
by a manufacturer, distributor, or factory branch must be fair, reasonable, equitable, and
based on accurate information. Upon written request by any of its franchised dealers located
within Minnesota, a manufacturer, distributor, or factory branch must provide the method
or formula used by the manufacturer in establishing the sales volumes for receiving a rebate
or incentive and the specific calculations for determining the required sales volumes of the
inquiring dealer and any of the manufacturer's other Minnesota-franchised new motor vehicle
dealers of the same line-make located within 75 miles of the inquiring dealer. Nothing
contained in this section requires a manufacturer, distributor, or factory branch to disclose
confidential business information of any of its franchised dealers or the required numerical
sales volumes that any of its franchised dealers must attain to receive a rebate or incentive.
An inquiring dealer may file a civil action as provided in section 80E.17 without a showing
of injury if a manufacturer, distributor, or factory branch fails to make the disclosure required
by this section.

A manufacturer, distributor, or factory branch has the burden of proving that the performance
standard, sales objective, or program for measuring dealership performance is fair, reasonable,
and uniformly applied under this section;

(p) assign or change a dealer's area of sales effectiveness arbitrarily or without due regard
to the present pattern of motor vehicle sales and registrations within the dealer's market.
The manufacturer, distributor, or factory branch must provide at least 90 days' notice of the
proposed change. The change may not take effect if the dealer commences a civil action
within the 90 days' notice period to determine whether the manufacturer, distributor, or
factory branch met its obligations under this section. The burden of proof in such an action
shall be on the manufacturer or distributor. In determining at the evidentiary hearing whether
a manufacturer, distributor, or factory branch has assigned or changed the dealer's area of
sales effectiveness or is proposing to assign or change the dealer's area of sales effectiveness
arbitrarily or without due regard to the present pattern of motor vehicle sales and registrations
within the dealer's market, the court may take into consideration the relevant circumstances,
including, but not limited to:

(1) the traffic patterns between consumers and the same line-make franchised dealers
of the affected manufacturer, distributor, or factory branch who are located within the
market;

(2) the pattern of new vehicle sales and registrations of the affected manufacturer,
distributor, or factory branch within various portions of the area of sales effectiveness and
within the market as a whole;

(3) the growth or decline in population, density of population, and new car registrations
in the market;

(4) the presence or absence of natural geographical obstacles or boundaries, such as
rivers;

(5) the proximity of census tracts or other geographic units used by the affected
manufacturer, factory branch, distributor, or distributor branch in determining the same
line-make dealers' respective areas of sales effectiveness; and

(6) the reasonableness of the change or proposed change to the dealer's area of sales
effectiveness, considering the benefits and harm to the petitioning dealer, other same
line-make dealers, and the manufacturer, distributor, or factory branch;

(q) to charge back, withhold payment, deny vehicle allocation, or take any other adverse
action against a dealer when a new vehicle sold by the dealer has been exported to a foreign
country, unless the manufacturer, distributor, or factory branch can show that at the time
of sale, the customer's information was listed on a known or suspected exporter list made
available to the dealer, or the dealer knew or reasonably should have known of the purchaser's
intention to export or resell the motor vehicle in violation of the manufacturer's export
policy. There is a rebuttable presumption that the dealer did not know or should not have
reasonably known that the vehicle would be exported or resold in violation of the
manufacturer's export policy if the vehicle is titled and registered in any state of the United
States;

(r) to implement a charge back or withhold payment to a dealer that is solely due to an
unreasonable delay by the registrar, as defined in section 168.002, subdivision 29, in the
transfer or registration of a new motor vehicle. The dealer must give the manufacturer notice
of the state's delay in writing. Within 30 days of any notice of a charge back, withholding
of payments, or denial of a claim, the dealer must transmit to the manufacturer: (1)
documentation to demonstrate the vehicle sale and delivery as reported; and (2) a written
attestation signed by the dealer operator or general manager stating that the delay is
attributable to the state. This clause expires on June 30, 2022; or

(s) to require a dealer or prospective dealer by program, incentive provision, or otherwise
to construct improvements to its or a predecessor's facilities or to install new signs or other
franchisor image elements that replace or substantially alter improvements, signs, or
franchisor image elements completed within the preceding ten years that were required and
approved by the manufacturer, distributor, or factory branch, including any such
improvements, signs, or franchisor image elements that were required as a condition of the
dealer or predecessor dealer receiving an incentive or other compensation from the
manufacturer, distributor, or factory branch.

This paragraph shall not apply to a program or agreement that provides lump sum payments
to assist dealers in making facility improvements or to pay for signs or franchisor image
elements when such payments are not dependent on the dealer selling or purchasing specific
numbers of new vehicles and shall not apply to a program that is in effect with more than
one Minnesota dealer on August 1, 2018, nor to any renewal of such program, nor to a
modification that is not a substantial modification of a material term or condition of such
program.

Sec. 37.

new text begin [214.035] LICENSING DISQUALIFICATIONS; PRELIMINARY
APPLICATIONS; REPORTS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the following terms have
the meanings given.
new text end

new text begin (b) "Conviction" has the meaning given in section 609.02, subdivision 5.
new text end

new text begin (c) "Criminal record" means a record of an arrest, prosecution, criminal proceeding, or
conviction.
new text end

new text begin (d) "State licensor" or "licensor" means a state agency or examining and licensing board
that issues an occupational or professional license, registration, or certificate and considers
before issuing the license, registration, or certificate any criminal record or conviction of
an applicant that may make an applicant ineligible to receive the license, registration, or
certificate.
new text end

new text begin Subd. 2. new text end

new text begin Scope. new text end

new text begin (a) This section does not apply to a license, registration, or certificate
issued by a state licensor if the license, registration, or certificate does not require an applicant
to report to the state licensor as part of the application process the applicant's criminal record
or does not require an applicant to obtain a criminal background check or study as part of
the application process to obtain the license, registration, or certificate.
new text end

new text begin (b) This section does not apply to a license, registration, or certificate issued by the
Professional Educator Licensing and Standards Board, the Department of Health, Department
of Human Services, or any health-related licensing board, as defined in section 214.01,
subdivision 2.
new text end

new text begin (c) The preliminary application process described under this section may only be utilized
by an individual who has a criminal record.
new text end

new text begin Subd. 3. new text end

new text begin Preliminary applications. new text end

new text begin (a) Notwithstanding any law to the contrary, all
state licensors shall permit an individual to submit a preliminary application for a
determination pursuant to this section as to whether a criminal record or conviction that
may be considered by the state licensor under state law would make the individual ineligible
to receive an occupational or professional license, registration, or certificate issued by the
state licensor.
new text end

new text begin (b) An applicant shall submit a preliminary application and any other supporting
documents to the appropriate state licensor in a form and manner approved by the licensor.
The state licensor may require that the applicant provide information about the applicant's
criminal record in the form and manner approved by the licensor.
new text end

new text begin (c) A state licensor may charge a fee to cover any expenses incurred in connection with
processing a preliminary application, provided the fee does not exceed the actual cost to
the state licensor of processing the application or the initial fee for the applicable license,
registration, or certificate. If the applicant subsequently applies for the license, registration,
or certificate, the amount of the preliminary application fee paid by the applicant must be
credited toward the applicant's initial fee for the license, registration, or certificate. An
applicant may request a waiver of this fee. A fee collected under this paragraph for the
expenses incurred by the state licensor shall be deposited in the fund in the state treasury
in which the state licensor deposits fees collected for issuing occupational or professional
licenses, registrations, or certificates. If the state licensor does not collect a fee for issuing
occupational or professional licenses, registrations, or certificates, any fee collected under
this paragraph shall be deposited pursuant to section 214.06, subdivision 1.
new text end

new text begin (d) Upon receipt of a completed preliminary application and any necessary supporting
documents, the state licensor must determine under state law whether a criminal record or
conviction that may be considered under state law would make the applicant ineligible to
receive a professional or occupational license, registration, or certificate from the licensor.
The state licensor must issue a written decision within 60 days of receiving a completed
preliminary application. If the state licensor determines that a criminal record or conviction
would make the applicant ineligible to receive a professional or occupational license,
registration, or certificate, the written decision must:
new text end

new text begin (1) state all reasons the professional or occupational license, registration, or certificate
would be denied, including the standard used to make the decision; and
new text end

new text begin (2) inform the applicant of any action or additional steps the applicant could take to
qualify for a professional or occupational license, registration, or certificate.
new text end

new text begin (e) If a state licensor determines that no criminal records or convictions would make the
applicant ineligible to receive a professional or occupational license, registration, or
certificate, that decision is binding on the licensor unless the decision is clearly erroneous
under state law or:
new text end

new text begin (1) the applicant is convicted of a crime or commits any other disqualifying act that may
be considered by the state licensor under state law after submission of the preliminary
application;
new text end

new text begin (2) the applicant provided incomplete information in the preliminary application;
new text end

new text begin (3) the applicant provided inaccurate or fraudulent information in the preliminary
application; or
new text end

new text begin (4) changes to state law were enacted after the date the decision was issued, making the
applicant ineligible under state law to receive a license, registration, or certificate.
new text end

new text begin (f) Nothing in this section precludes a licensor from issuing a license, registration, or
certificate to an applicant that includes limitations or conditions on the license, registration,
or certificate based on a criminal conviction or alleged misconduct of the applicant.
new text end

new text begin (g) By August 1 of each year, each state licensor shall submit to the commissioner of
management and budget the number of applicants who submitted preliminary applications
to the licensor in accordance with this section and the number of applicants who subsequently
applied for a license, registration, or certificate for the previous fiscal year. The state licensor
shall also submit the total amount of initial application fees that were not paid by these
applicants pursuant to paragraph (c), or, if the licensor does not collect a fee for issuing a
license, registration, or certificate, the cost of processing the preliminary application fee
that was not covered pursuant to paragraph (c). Each fiscal year, an amount necessary to
pay each state licensor the rest of each initial application fee or the rest of the cost of
processing each preliminary application if an initial application fee was not collected by
the licensor is appropriated from the general fund to the appropriate state licensor.
new text end

new text begin Subd. 4. new text end

new text begin Reports. new text end

new text begin (a) By January 15 of each year, every state licensor shall report to the
Department of Employment and Economic Development on:
new text end

new text begin (1) the number of individuals who applied for a professional or occupational license,
registration, or certificate from the licensor;
new text end

new text begin (2) the number of individuals described in clause (1) who were found to be ineligible
due to a criminal record or conviction;
new text end

new text begin (3) the number of individuals who submitted a preliminary application under this section;
and
new text end

new text begin (4) the number of individuals described in clause (3) who were found to be ineligible
due to a criminal record or conviction.
new text end

new text begin (b) On or before February 15 of each year, the commissioner of employment and
economic development shall compile the reports received under paragraph (a) and provide
the compiled reports to the chairs and ranking minority members of the house of
representatives and senate committees and divisions with jurisdiction over employment.
The commissioner of employment and economic development must make the report readily
available on the department's public website.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2023.
new text end

Sec. 38.

Minnesota Statutes 2020, section 239.761, subdivision 3, is amended to read:


Subd. 3.

Gasoline.

(a) Gasoline that is not blended with biofuel must not be contaminated
with water or other impurities and must comply with ASTM specification D4814-11b.
Gasoline that is not blended with biofuel must also comply with the volatility requirements
in Code of Federal Regulations, title 40, part deleted text begin80deleted text endnew text begin 1090new text end.

(b) After gasoline is sold, transferred, or otherwise removed from a refinery or terminal,
a person responsible for the product:

(1) may blend the gasoline with agriculturally derived ethanol as provided in subdivision
4;

(2) shall not blend the gasoline with any oxygenate other than biofuel;

(3) shall not blend the gasoline with other petroleum products that are not gasoline or
biofuel;

(4) shall not blend the gasoline with products commonly and commercially known as
casinghead gasoline, absorption gasoline, condensation gasoline, drip gasoline, or natural
gasoline; and

(5) may blend the gasoline with a detergent additive, an antiknock additive, or an additive
designed to replace tetra-ethyl lead, that is registered by the EPA.

new text begin EFFECTIVE DATE. new text end

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

Sec. 39.

Minnesota Statutes 2020, section 239.761, subdivision 4, is amended to read:


Subd. 4.

Gasoline blended with ethanol; general.

(a) Gasoline may be blended with
agriculturally derived, denatured ethanol that complies with the requirements of subdivision
5.

(b) A gasoline-ethanol blend must:

(1) comply with the volatility requirements in Code of Federal Regulations, title 40, part
deleted text begin 80deleted text endnew text begin 1090new text end;

(2) comply with ASTM specification D4814-11b, or the gasoline base stock from which
a gasoline-ethanol blend was produced must comply with ASTM specification D4814-11b;
and

(3) not be blended with casinghead gasoline, absorption gasoline, condensation gasoline,
drip gasoline, or natural gasoline after the gasoline-ethanol blend has been sold, transferred,
or otherwise removed from a refinery or terminal.

new text begin EFFECTIVE DATE. new text end

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

Sec. 40.

Minnesota Statutes 2020, section 239.791, subdivision 2a, is amended to read:


Subd. 2a.

Federal Clean Air Act waivers; conditions.

(a) Before a waiver granted by
the United States Environmental Protection Agency under United States Code, title 42,
section 7545, may alter the minimum content level required by subdivision 1, paragraph
(a), clause (1), item (ii), the waiver must:

(1) apply to all gasoline-powered motor vehicles irrespective of model year; and

(2) allow for special regulatory treatment of Reid vapor pressure under Code of Federal
Regulations, title 40, deleted text beginsection 80.27deleted text endnew text begin part 1090.215new text end, paragraph deleted text begin(d)deleted text endnew text begin (b)new text end, for blends of gasoline
and ethanol up to the maximum percent of denatured ethanol by volume authorized under
the waiver.

(b) The minimum biofuel requirement in subdivision 1, paragraph (a), clause (1), item
(ii), shall, upon the grant of the federal waiver, be effective the day after the commissioner
of commerce publishes notice in the State Register. In making this determination, the
commissioner shall consider the amount of time required by refiners, retailers, pipeline and
distribution terminal companies, and other fuel suppliers, acting expeditiously, to make the
operational and logistical changes required to supply fuel in compliance with the minimum
biofuel requirement.

new text begin EFFECTIVE DATE. new text end

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

Sec. 41.

Minnesota Statutes 2020, section 296A.01, subdivision 23, is amended to read:


Subd. 23.

Gasoline.

(a) "Gasoline" means:

(1) all products commonly or commercially known or sold as gasoline regardless of
their classification or uses, except casinghead gasoline, absorption gasoline, condensation
gasoline, drip gasoline, or natural gasoline that under the requirements of section 239.761,
subdivision 3
, must not be blended with gasoline that has been sold, transferred, or otherwise
removed from a refinery or terminal; and

(2) any liquid prepared, advertised, offered for sale or sold for use as, or commonly and
commercially used as, a fuel in spark-ignition, internal combustion engines, and that when
tested by the Weights and Measures Division meets the specifications in ASTM specification
D4814-11b.

(b) Gasoline that is not blended with ethanol must not be contaminated with water or
other impurities and must comply with both ASTM specification D4814-11b and the volatility
requirements in Code of Federal Regulations, title 40, part deleted text begin80deleted text endnew text begin 1090new text end.

(c) After gasoline is sold, transferred, or otherwise removed from a refinery or terminal,
a person responsible for the product:

(1) may blend the gasoline with agriculturally derived ethanol, as provided in subdivision
24;

(2) must not blend the gasoline with any oxygenate other than denatured, agriculturally
derived ethanol;

(3) must not blend the gasoline with other petroleum products that are not gasoline or
denatured, agriculturally derived ethanol;

(4) must not blend the gasoline with products commonly and commercially known as
casinghead gasoline, absorption gasoline, condensation gasoline, drip gasoline, or natural
gasoline; and

(5) may blend the gasoline with a detergent additive, an antiknock additive, or an additive
designed to replace tetra-ethyl lead, that is registered by the EPA.

new text begin EFFECTIVE DATE. new text end

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

Sec. 42.

Minnesota Statutes 2020, section 325E.21, subdivision 4, is amended to read:


Subd. 4.

Registration required.

(a) Every scrap metal dealer shall register annually
with the commissionernew text begin of public safetynew text end.

(b) The scrap metal dealer shall pay to the commissioner of public safety a $50 annual
fee.

new text begin EFFECTIVE DATE. new text end

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

Sec. 43. new text beginREPEALER.
new text end

new text begin (a) new text end new text begin Minnesota Statutes 2020, sections 72A.08; and 72A.20, subdivisions 10 and 15, new text end new text begin are
repealed effective January 1, 2023.
new text end

new text begin (b) new text end new text begin Minnesota Statutes 2020, section 60A.033, subdivision 3, new text end new text begin is repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: UEH3255-1

60A.033 SCHEDULING CONFERENCE AND ORDER.

Subd. 3.

Exception.

A scheduling conference and order is not required under this section if the insurance company waives its right to a scheduling conference and order.

72A.08 LAWS AGAINST REBATE.

Subdivision 1.

Rebate defined and prohibited.

No insurance company or association, however constituted or entitled, including any affiliate of the insurance company or association, doing business in this state, nor any officer, agent, subagent, solicitor, employee, intermediary, or representative thereof, shall make or permit any advantage or distinction in favor of any insured individual, firm, corporation, or association with respect to the amount of premium named in, or to be paid on, any policy of insurance, or shall offer to pay or allow directly or indirectly or by means of any device or artifice, as inducements to insurance, any rebate or premium payable on the policy, or any special favor or advantage in the dividends or other profit to accrue thereon, or any valuable consideration or inducement not specified in the policy contract of insurance, or give, sell, or purchase, offer to give, sell or purchase, as inducement to insure or in connection therewith, any stocks, bonds, or other securities of any insurance company or other corporation, association, partnership, or individual, or any dividends or profits accrued or to accrue thereon, or anything of value, not specified in the policy. For purposes of this section, "affiliate" has the meaning given in section 60D.15, subdivision 2.

Subd. 2.

Insured prohibited from receiving rebates.

No person shall receive or accept from any such company or association, including any affiliate of the insurance company or association, or from any of its officers, agents, subagents, solicitors, employees, intermediaries, or representatives, or any other person any such rebate of premium payable on the policy, or any special favor or advantage in the dividends or other financial profits accrued, or to accrue, thereon, or any valuable consideration or inducement not specified in the policy of insurance. No person shall be excused from testifying, or from producing any books, papers, contracts, agreements, or documents, at the trial of any other person, copartnership, association, or company charged with violation of any provision of this section on the ground that the testimony or evidence may tend to incriminate; but no person shall be prosecuted for any act concerning which the person shall be compelled to so testify or produce evidence, documentary or otherwise, except for perjury committed in so testifying.

Subd. 3.

Penalty for rebate.

Any company, association, or individual violating any provisions of this section, whether the violation be in the giving or accepting of anything herein prohibited, shall be punished by a fine of not less than $60 nor more than $200. In the case of a violation by an affiliate or by an individual on behalf of an affiliate, this subdivision applies to the insurance company or association.

Subd. 4.

Exceptions.

(a) The provisions of this section shall not apply to any policy procured by officers, agents, subagents, employees, intermediaries, or representatives wholly and solely upon property of which they are, respectively, the owner at the time of procuring the policy, where the officers, agents, subagents, employees, intermediaries, or representatives are, and have been for more than six months prior to the issuing of the policy, regularly employed by, or connected with, the company or association issuing the policy; and any life insurance company doing business in this state may issue industrial policies of life or endowment insurance, with or without annuities, with special rates of premiums less than the usual rates of premiums for these policies, to members of labor organizations, credit unions, lodges, beneficial societies, or similar organizations, or employees of one employer, who, through their secretary or employer, may take out insurance in an aggregate of not less than 50 members and pay their premiums through the secretary or employer.

(b) A promotional advertising item of $25 or less or a gift of $25 or less per year is not a rebate if the receipt of the item or gift is not conditioned upon purchase of an insurance policy or product.

72A.20 METHODS, ACTS, AND PRACTICES WHICH ARE DEFINED AS UNFAIR OR DECEPTIVE.

Subd. 10.

Rebates.

(a) Except as otherwise expressly provided by law, knowingly permitting or offering to make or making any contract of life insurance, annuity, or accident and health insurance, or agreement as to such contract, other than as plainly expressed in the contract issued thereon, or paying or allowing or giving, or offering to pay, allow, or give, directly or indirectly, as inducement to such insurance or annuity, any rebate of premiums payable on the contract, or any special favor or advantage in the dividends or other benefits thereon, or any valuable consideration or inducement whatever not specified in the contract; or giving or selling or purchasing, or offering to give, sell, or purchase, as inducement to such insurance or annuity, or in connection therewith, any stocks, bonds, or other securities of any insurance company or other corporation, association, or partnership, or any dividends or profits accrued thereon, or anything of value whatsoever not specified in the contract, shall constitute an unfair method of competition and an unfair and deceptive act or practice.

(b) A promotional advertising item of $25 or less or a gift of $25 or less per year is not a rebate if the receipt of the item or gift is not conditioned upon purchase of an insurance policy or product.

Subd. 15.

Practices not held to be discrimination or rebates.

Nothing in subdivision 8, 9, or 10, or in section 72A.12, subdivisions 3 and 4, shall be construed as including within the definition of discrimination or rebates any of the following practices:

(1) in the case of any contract of life insurance or annuity, paying bonuses to policyholders or otherwise abating their premiums in whole or in part out of surplus accumulated from nonparticipating insurance, provided that any bonuses or abatement of premiums shall be fair and equitable to policyholders and for the best interests of the company and its policyholders;

(2) in the case of life insurance policies issued on the industrial debit plan, making allowance, to policyholders who have continuously for a specified period made premium payments directly to an office of the insurer, in an amount which fairly represents the saving in collection expense;

(3) readjustment of the rate of premium for a group insurance policy based on the loss or expense experienced thereunder, at the end of the first or any subsequent policy year of insurance thereunder, which may be made retroactive only for such policy year;

(4) in the case of an individual or group health insurance policy, the payment of differing amounts of reimbursement to insureds who elect to receive health care goods or services from providers designated by the insurer; and

(5) in the case of an individual or group health insurance policy, offering incentives to individuals for taking part in preventive health care services, medical management incentive programs, or activities designed to improve the health of the individual.

If the commissioner requests copies of contracts with a provider under clause (4) and the provider requests a determination, all information contained in the contracts that the commissioner determines may place the provider or health care plan at a competitive disadvantage is nonpublic data.