SF 1216

as introduced - 87th Legislature (2011 - 2012) Posted on 02/23/2012 10:04am

A bill for an act
relating to commerce; eliminating fees for license technology, automobile theft
prevention, and the real estate recovery fund; amending Minnesota Statutes
2010, sections 45.24; 60K.55, subdivision 2; 65B.84, subdivision 1; 82.57,
subdivisions 1, 3, 4; 82B.09, subdivision 1; repealing Minnesota Statutes 2010,
sections 82.86, subdivisions 3, 4; 168A.40, subdivisions 3, 4.

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

Section 1.

Minnesota Statutes 2010, section 45.24, is amended to read:

45.24 LICENSE TECHNOLOGY deleted text begin FEES deleted text end new text begin SYSTEM new text end .

deleted text begin (a) deleted text end The commissioner may establish and maintain an electronic licensing database
system for license origination, renewal, and tracking the completion of continuing
education requirements by individual licensees who have continuing education
requirements, and other related purposes.

deleted text begin (b) The commissioner shall pay for the cost of operating and maintaining the
electronic database system described in paragraph (a) through a technology surcharge
imposed upon the fee for license origination and renewal, for individual licenses that
require continuing education.
deleted text end

deleted text begin (c) The surcharge permitted under paragraph (b) shall be up to $40 for each two-year
licensing period, except as otherwise provided in paragraph (f), and shall be payable at the
time of license origination and renewal.
deleted text end

deleted text begin (d) The Commerce Department technology account is hereby created as an account
in the special revenue fund.
deleted text end

deleted text begin (e) The commissioner shall deposit the surcharge permitted under this section in
the account created in paragraph (d), and funds in the account are appropriated to the
commissioner in the amounts needed for purposes of this section. The commissioner of
management and budget shall transfer an amount determined by the commissioner of
commerce from the account to the statewide electronic licensing system account under
section 16E.22 for the costs of the statewide licensing system attributable to the inclusion
of licenses subject to this section.
deleted text end

deleted text begin (f) The commissioner shall temporarily reduce or suspend the surcharge as necessary
if the balance in the account created in paragraph (d) exceeds $2,000,000 as of the end of
any calendar year and shall increase or decrease the surcharge as necessary to keep the
fund balance at an adequate level but not in excess of $2,000,000.
deleted text end

Sec. 2.

Minnesota Statutes 2010, section 60K.55, subdivision 2, is amended to read:

Subd. 2.

Licensing fees.

(a) In addition to fees provided for examinations and the
technology surcharge required under paragraph (d), each insurance producer licensed
under this chapter shall pay to the commissioner a fee of:

(1) $50 for an initial life, accident and health, property, or casualty license issued to
an individual insurance producer, and a fee of $50 for each renewal;

(2) $50 for an initial variable life and variable annuity license issued to an individual
insurance producer, and a fee of $50 for each renewal;

(3) $50 for an initial personal lines license issued to an individual insurance
producer, and a fee of $50 for each renewal;

(4) $50 for an initial limited lines license issued to an individual insurance producer,
and a fee of $50 for each renewal;

(5) $200 for an initial license issued to a business entity, and a fee of $200 for each
renewal;

(6) $500 for an initial surplus lines license, and a fee of $500 for each renewal;

(7) $100 per location for the initial and renewal of a portable electronics insurance
limited lines license issued to a vendor, as defined in section 60K.381, subdivision 1,
paragraph (g), engaged in portable electronics transactions at ten or fewer locations in
this state as set forth in its application and any subsequent notice under section 60K.381,
subdivision 2, paragraph (b); and

(8) $6,500 for the initial and renewal of a portable electronics insurance limited lines
license issued to a vendor, as defined in section 60K.381, subdivision 1, paragraph (g),
engaged in portable electronics transactions at more than ten locations in this state as set
forth in its application and any subsequent notice under section 60K.381, subdivision 2,
paragraph (b).

(b) Initial licenses issued to a business entity under this chapter and section 60K.381
are valid for a period not to exceed 24 months and expire on October 31 of the renewal
year assigned by the commissioner. Initial licenses issued to an individual insurance
producer under this chapter before August 1, 2010, are valid for a period not to exceed 24
months and expire on October 31 of the renewal year assigned by the commissioner. Each
individual license initially issued or renewed on or after August 1, 2010, expires on the last
day of the birth month of the producer in the year that will result in the term of the license
being at least 12 months, but no more than 24 months. Beginning with the first license
expiration on the last day of the birth month of an individual producer as set forth in this
paragraph, all such licenses must after this date expire biennially on the last day of the birth
month of the individual producer that is two years subsequent to the preceding expiration
date. Each renewal insurance producer license is valid for a period of 24 months.

(c) All fees are nonreturnable, except that an overpayment of any fee may be
refunded upon proper application.

deleted text begin (d) In addition to the fees required under paragraph (a), individual insurance
producers shall pay, for each initial license and renewal, a technology surcharge of up to
$40 under section 45.24, unless the commissioner has adjusted the surcharge as permitted
under that section.
deleted text end

Sec. 3.

Minnesota Statutes 2010, 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 deleted text begin , less the transfer of
$1,300,000 each year to the general fund described in section 168A.40, subdivision 4 deleted text end .

Sec. 4.

Minnesota Statutes 2010, section 82.57, subdivision 1, is amended to read:

Subdivision 1.

Amounts.

The following fees shall be paid to the commissioner:

(a) a fee of $150 for each initial individual broker's license, and a fee of $100 for
each renewal thereof;

(b) a fee of $70 for each initial salesperson's license, and a fee of $40 for each
renewal thereof;

(c) a fee of $85 for each initial real estate closing agent license, and a fee of $60
for each renewal thereof;

(d) a fee of $150 for each initial corporate, limited liability company, or partnership
license, and a fee of $100 for each renewal thereof;

deleted text begin (e) a fee for payment to the education, research and recovery fund in accordance
with section 82.86;
deleted text end

deleted text begin (f) deleted text end new text begin (e) new text end a fee of $20 for each transfer;

deleted text begin (g) deleted text end new text begin (f) new text end a fee of $50 for license reinstatement; new text begin and
new text end

deleted text begin (h) deleted text end new text begin (g) new text end a fee of $20 for reactivating a corporate, limited liability company, or
partnership license without land deleted text begin ; and deleted text end new text begin .
new text end

deleted text begin (i) in addition to the fees required under this subdivision, individual licensees under
clauses (a) and (b) shall pay, for each initial license and renewal, a technology surcharge
of up to $40 under section 45.24, unless the commissioner has adjusted the surcharge
as permitted under that section.
deleted text end

Sec. 5.

Minnesota Statutes 2010, section 82.57, subdivision 3, is amended to read:

Subd. 3.

Broker payment consolidation.

For all license renewal fees, deleted text begin recovery
fund renewal fees, and recovery fund assessments pursuant to this section and section
82.86, deleted text end the broker must remit the fees deleted text begin or assessments deleted text end for the company, broker, and all
salespersons licensed to the broker, in the form of a single payment.

Sec. 6.

Minnesota Statutes 2010, section 82.57, subdivision 4, is amended to read:

Subd. 4.

Deposit of fees.

Unless otherwise provided by this chapter, all fees
collected under this chapter shall be deposited in the state treasury. deleted text begin The technology
surcharge shall be deposited as required under section 45.24.
deleted text end

Sec. 7.

Minnesota Statutes 2010, section 82B.09, subdivision 1, is amended to read:

Subdivision 1.

Amounts.

deleted text begin (a) deleted text end The following fees must be paid to the commissioner:

(1) $150 for each initial individual real estate appraiser's license; and

(2) $100 for each renewal.

deleted text begin (b) In addition to the fees required under this subdivision, individual real estate
appraisers shall pay a technology surcharge of up to $40 under section 45.24, unless the
commissioner has adjusted the surcharge as permitted under that section.
deleted text end

Sec. 8. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2010, sections 82.86, subdivisions 3 and 4; and 168A.40,
subdivisions 3 and 4, new text end new text begin are repealed.
new text end

Sec. 9. new text begin EFFECTIVE DATE.
new text end

new text begin This act is effective July 1, 2013.
new text end