SF 1628

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to commerce; providing a payment mechanism for technology used by
the Department of Commerce in connection with licensing requirements for
mortgage originators and servicers, insurance agents, real estate agents, real
estate closing agents, real estate appraisers, debt collection agencies, and real
estate abstractors; appropriating money; amending Minnesota Statutes 2006,
sections 58.10, subdivision 1; 60K.55, subdivision 2; 82.24, subdivisions 1, 4;
82B.09, subdivision 1; 332.33, subdivisions 3, 6; 386.68; proposing coding for
new law in Minnesota Statutes, chapter 45.

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

Section 1.

new text begin [45.24] LICENSE TECHNOLOGY FEES.
new text end

new text begin (a) The commissioner may establish and maintain an electronic licensing system
for use in tracking the completion of continuing education requirements by individual
licensees who have continuing education requirements, and that database system may be
linked to or be a part of a licensing database used for license origination, renewal, and
other related purposes.
new text end

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

new text begin (c) The surcharge permitted under paragraph (b) shall be up to $30 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.
new text end

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

new 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.
new text end

new text begin (f) The commissioner shall temporarily suspend or eliminate the surcharge as
necessary if the balance in the account created in paragraph (d) exceeds $1,000,000 as of
the end of any fiscal year and shall increase or decrease the surcharge as necessary to keep
the fund balance at an adequate level but not in excess of $1,000,000.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 2.

Minnesota Statutes 2006, section 58.10, subdivision 1, is amended to read:

Subdivision 1.

Amounts.

The following fees must be paid to the commissioner:

(1) for an initial residential mortgage originator license, $850, $50 of which is
credited to the consumer education account in the special revenue fund;

(2) for a renewal license, $450, $50 of which is credited to the consumer education
account in the special revenue fund;

(3) for an initial residential mortgage servicer's license, $1,000;

(4) for a renewal license, $500; deleted text begin and
deleted text end

(5) for a certificate of exemption, $100 new text begin ; and
new text end

new text begin (6) in addition to the fees payable under clauses (1) to (4), a technology surcharge
of up to $30 under section 45.24, unless the commissioner has adjusted that surcharge
as permitted under that section new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2007.
new text end

Sec. 3.

Minnesota Statutes 2006, section 60K.55, subdivision 2, is amended to read:

Subd. 2.

Licensing fees.

(a) In addition to fees provided for examinations new text begin and the
technology surcharge required under paragraph (d) new text end , 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; and

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

(b) Initial licenses issued under this chapter are valid for a period not to exceed 24
months and expire on October 31 of the renewal year assigned by the commissioner.
Each renewal insurance producer license is valid for a period of 24 months. Licensees
who submit renewal applications postmarked or delivered on or before October 15 of the
renewal year may continue to transact business whether or not the renewal license has been
received by November 1. Licensees who submit applications postmarked or delivered
after October 15 of the renewal year must not transact business after the expiration date
of the license until the renewal license has been received.

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

new 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
$30 under section 45.24, unless the commissioner has adjusted the surcharge as permitted
under that section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective October 1, 2007.
new text end

Sec. 4.

Minnesota Statutes 2006, section 82.24, subdivision 1, is amended to read:

Subdivision 1.

Amounts.

The following fees shall be paid to the commissioner:

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

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

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

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

(e) a fee for payment to the education, research and recovery fund in accordance
with section 82.43;

(f) a fee of $20 for each transfer;

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

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

new text begin (i) in addition to the fees required under this subdivision, individual licensees under
paragraphs (a), (b), and (c) shall pay, for each initial license and renewal, a technology
surcharge of up to $30 under section 45.24, unless the commissioner has adjusted the
surcharge as permitted under that section new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective June 1, 2007.
new text end

Sec. 5.

Minnesota Statutes 2006, section 82.24, 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. new text begin The continuing
education technology surcharge shall be deposited as required under section 45.24.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective June 1, 2007.
new text end

Sec. 6.

Minnesota Statutes 2006, section 82B.09, subdivision 1, is amended to read:

Subdivision 1.

Amounts.

new text begin (a) new 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.

new text begin (b) In addition to the fees required under this subdivision, individual real estate
appraisers shall pay a technology surcharge of up to $30 under section 45.24, unless the
commissioner has adjusted the surcharge as permitted under that section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2007.
new text end

Sec. 7.

Minnesota Statutes 2006, section 332.33, subdivision 3, is amended to read:

Subd. 3.

Term.

Licenses issued or renewed and registrations received by the
commissioner of commerce under sections 332.31 to 332.45 shall expire on June 30. Each
collection agency license shall plainly state the name and business address of the licensee,
and shall be posted in a conspicuous place in the office where the business is transacted.
The fee for each collection agency license is $500, and renewal is $400. The fee for each
collector registration and renewal is $10. A collection agency licensee who desires to
carry on business in more than one place shall procure a license for each place where the
business is to be conducted. new text begin In addition, a technology surcharge of up to $30, as provided
in section 45.24, must be paid to the commissioner on each initial license and renewal
of a collection agency license, unless the commissioner has adjusted the amount of the
surcharge as permitted under section 45.24.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2007.
new text end

Sec. 8.

Minnesota Statutes 2006, section 332.33, subdivision 6, is amended to read:

Subd. 6.

Deposit of fees.

All money received by the commissioner under this
section shall be deposited in the general fund of the state treasury new text begin , except that the
technology surcharge shall be deposited as required under section 45.24 new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2007.
new text end

Sec. 9.

Minnesota Statutes 2006, section 386.68, is amended to read:

386.68 FEES.

The following fees must be paid to the commissioner: an initial licensing fee of $50;
and a license renewal fee of $40. new text begin In addition, a technology surcharge of up to $30, as
provided in section 45.24, must be paid to the commissioner on each initial license and
renewal, unless the commissioner has adjusted the amount of the surcharge as permitted
under section 45.24.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2007.
new text end