SF 2219

2nd Engrossment - 93rd Legislature (2023 - 2024) Posted on 04/28/2023 09:52am

A bill for an act
relating to commerce; authorizing administrative rulemaking; prohibiting price
gouging; establishing notice requirements; prescribing penalties; modifying
provisions governing emergency closures; eliminating certain examination
requirements; modifying and adding provisions governing the sale of certain motor
vehicles; regulating nonbank mortgage servicers; requiring a report; modifying
provisions governing life insurance; specifying provisions for third-party payers
and dental providers; establishing time limitations for civil actions under certain
motor vehicle insurance policies; changing investment limit for small corporate
offerings; directing rulemaking; amending provisions related to utility billing
practices in manufactured home parks; modifying telecommunications pricing
plans; modifying the definition of cost; eliminating prohibition on below cost sales
of gasoline; increasing the civil penalties for unlawful robocalls; modifying
provisions relating to digital fair repair; requiring direct-to-consumer genetic testing
companies to provide disclosure notices and obtain consent; modifying limitations
on credit card surcharges; providing remedies to debtors with coerced debt;
amending Minnesota Statutes 2022, sections 8.31, subdivision 1; 47.0153,
subdivision 1; 53C.01, subdivision 12c, by adding a subdivision; 53C.08,
subdivision 1a; 61A.031; 61A.60, subdivision 3; 62Q.735, subdivisions 1, 5;
62Q.76, by adding a subdivision; 62Q.78, by adding subdivisions; 65B.49, by
adding a subdivision; 80A.50; 103G.291, subdivision 4; 237.066; 325D.01,
subdivision 5; 325D.71; 325E.31; 325E.66, subdivisions 2, 3, by adding a
subdivision; 325F.662, subdivisions 2, 3; 325G.051, subdivision 1; 327C.015,
subdivision 17, by adding subdivisions; 327C.04, subdivisions 1, 2, by adding
subdivisions; proposing coding for new law in Minnesota Statutes, chapters 58;
65A; 325E; 325F; 332; repealing Minnesota Statutes 2022, section 48.10.

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

Section 1.

Minnesota Statutes 2022, section 8.31, subdivision 1, is amended to read:

Subdivision 1.

Investigate offenses against provisions of certain designated sections;
assist in enforcement.

The attorney general shall investigate violations of the law of this
state respecting unfair, discriminatory, and other unlawful practices in business, commerce,
or trade, and specifically, but not exclusively, the Nonprofit Corporation Act (sections
317A.001 to 317A.909), the Act Against Unfair Discrimination and Competition (sections
325D.01 to 325D.07), the Unlawful Trade Practices Act (sections 325D.09 to 325D.16),
the Antitrust Act (sections 325D.49 to 325D.66), section 325F.67 and other laws against
false or fraudulent advertising, the antidiscrimination acts contained in section 325D.67,
the act against monopolization of food products (section 325D.68), the act regulating
telephone advertising services (section 325E.39), the Prevention of Consumer Fraud Act
(sections 325F.68 to 325F.70), new text begin the act regulating price gouging (section 325E.80), new text end and
chapter 53A regulating currency exchanges and assist in the enforcement of those laws as
in this section provided.

Sec. 2.

Minnesota Statutes 2022, section 47.0153, subdivision 1, is amended to read:

Subdivision 1.

Emergency closings.

When the officers of a financial institution are of
the opinion that an emergency exists, or is impending, which affects, or may affect, a
financial institution's offices, they shall have the authority, in the reasonable exercise of
their discretion, to determine not to open any of its offices on any business day or, if having
opened, to close an office during the continuation of the emergency, even if the commissioner
does not issue a proclamation of emergency. The office closed shall remain closed until the
time that the officers determine the emergency has ended, and for the further time reasonably
necessary to reopen. No financial institution office shall remain closed for more than 48
consecutive hours new text begin in a Monday through Friday period new text end , excluding other legal holidays,
without the prior approval of the commissioner.

Sec. 3.

Minnesota Statutes 2022, section 53C.01, is amended by adding a subdivision to
read:

new text begin Subd. 4a. new text end

new text begin Global positioning system starter interrupt device. new text end

new text begin "Global positioning
system starter interrupt device" or "GPS starter interrupt device" means a device installed
on a motor vehicle by a motor vehicle dealer that enables an individual who is not in
possession of the motor vehicle to remotely disable the motor vehicle's ignition. GPS starter
interrupt device includes a device commonly referred to as a fuel or ignition kill switch.
new text end

Sec. 4.

Minnesota Statutes 2022, section 53C.01, subdivision 12c, is amended to read:

Subd. 12c.

Theft deterrent device.

"Theft deterrent device" means the following devices:

(1) a vehicle alarm system;

(2) a window etch product;

(3) a body part marking product;

(4) a steering lock; new text begin or
new text end

(5) a pedal or ignition lock deleted text begin ; or
deleted text end

deleted text begin (6) a fuel or ignition kill switch deleted text end .

Sec. 5.

Minnesota Statutes 2022, section 53C.08, subdivision 1a, is amended to read:

Subd. 1a.

Disclosures required.

Prior to the execution of a retail installment contract,
the seller shall provide to a buyer, and obtain the buyer's signature on, a written disclosure
that sets forth the following information:

(1) a description and the total price of all items sold in the following categories if the
contract includes a charge for the item:

(i) a service contract;

(ii) an insurance product;

(iii) a debt cancellation agreement;

(iv) a theft deterrent device; or

(v) a surface protection product;

(2) new text begin whether a GPS starter interrupt device is installed on the motor vehicle, regardless
of whether the contract includes a charge for the GPS starter interrupt device;
new text end

new text begin (3) new text end the amount that would be calculated under the contract as the regular installment
payment if charges for the items referenced under clause (1) are not included in the contract;

deleted text begin (3) deleted text end new text begin (4) new text end the amount that would be calculated under the contract as the regular installment
payment if charges for the items referenced under clause (1) are included in the contract;
and

deleted text begin (4) deleted text end new text begin (5) new text end the disclosures required under this subdivision must be in at least ten-point type
and must be contained in a single document that is separate from the retail installment
contract and any other vehicle purchase documents.

Sec. 6.

new text begin [58.20] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Scope. new text end

new text begin For purposes of this section to section 58.23, the terms defined
in this section have the meanings given.
new text end

new text begin Subd. 2. new text end

new text begin Allowable assets for liquidity. new text end

new text begin "Allowable assets for liquidity" means assets
that may be used to satisfy the liquidity requirements under section 58.22, including:
new text end

new text begin (1) unrestricted cash and cash equivalents; and
new text end

new text begin (2) unencumbered investment grade assets held for sale or trade, including agency
mortgage-backed securities, obligations of government-sponsored enterprises, and United
States Treasury obligations.
new text end

new text begin Subd. 3. new text end

new text begin Board of directors. new text end

new text begin "Board of directors" means the formal body established
by a covered institution that is responsible for corporate governance and compliance with
sections 58.21 to 58.23.
new text end

new text begin Subd. 4. new text end

new text begin Corporate governance. new text end

new text begin "Corporate governance" means the structure of the
covered institution and how the covered institution is managed, including the corporate
rules, policies, processes, and practices used to oversee and manage the covered institution.
new text end

new text begin Subd. 5. new text end

new text begin Covered institution. new text end

new text begin "Covered institution" means a mortgage servicer that
services or subservices for others at least 2,000 or more residential mortgage loans in the
United States, excluding whole loans owned, and loans being interim serviced prior to sale
as of the most recent calendar year end, reported on the NMLS mortgage call report.
new text end

new text begin Subd. 6. new text end

new text begin External audit. new text end

new text begin "External audit" means the formal report, prepared by an
independent certified public accountant, expressing an opinion on whether the financial
statements are:
new text end

new text begin (1) presented fairly, in all material aspects, in accordance with the applicable financial
reporting framework; and
new text end

new text begin (2) inclusive of an evaluation of the adequacy of a company's internal control structure.
new text end

new text begin Subd. 7. new text end

new text begin Government-sponsored enterprises. new text end

new text begin "Government-sponsored enterprises"
means the Federal National Mortgage Association, and the Federal Home Loan Mortgage
Corporation.
new text end

new text begin Subd. 8. new text end

new text begin Interim serviced prior to sale. new text end

new text begin "Interim serviced prior to sale" means the
collection of a limited number of contractual mortgage payments immediately after
origination on loans held for sale but no longer than a period of ninety days prior to the
loans being sold into the secondary market.
new text end

new text begin Subd. 9. new text end

new text begin Internal audit. new text end

new text begin "Internal audit" means the internal activity of performing
independent and objective assurance and consulting to evaluate and improve the effectiveness
of company operations, risk management, internal controls, and governance processes.
new text end

new text begin Subd. 10. new text end

new text begin Mortgage-backed security. new text end

new text begin "Mortgage-backed security" means a financial
instrument, often debt securities, collateralized by residential mortgages.
new text end

new text begin Subd. 11. new text end

new text begin Mortgage call report. new text end

new text begin "Mortgage call report" means the quarterly or annual
report of residential real estate loan origination, servicing, and financial information
completed by companies licensed in NMLS.
new text end

new text begin Subd. 12. new text end

new text begin Mortgage servicing rights. new text end

new text begin "Mortgage servicing rights" means the contractual
right to service a residential mortgage loan on behalf of the owner of the associated mortgage
in exchange for compensation specified in the servicing contract.
new text end

new text begin Subd. 13. new text end

new text begin Mortgage servicing rights investor. new text end

new text begin "Mortgage servicing rights investor" or
"master servicer" means an entity that (1) invests in and owns mortgage servicing rights;
and (2) relies on subservicers to administer the loans on the mortgage servicing rights
investor's behalf.
new text end

new text begin Subd. 14. new text end

new text begin Nationwide Multistate Licensing System. new text end

new text begin "Nationwide Multistate Licensing
System" or "NMLS" has the meaning given in section 58A.02, subdivision 8.
new text end

new text begin Subd. 15. new text end

new text begin Operating liquidity. new text end

new text begin "Operating liquidity" means the money necessary for
an entity to perform normal business operations, including payment of rent, salaries, interest
expenses, and other typical expenses associated with operating the entity.
new text end

new text begin Subd. 16. new text end

new text begin Residential mortgage loans serviced. new text end

new text begin "Residential mortgage loans serviced"
means the specific portfolio or portfolios of residential mortgage loans for which a licensee
is contractually responsible to the owner or owners of the mortgage loans for the defined
servicing activities.
new text end

new text begin Subd. 17. new text end

new text begin Reverse mortgage. new text end

new text begin "Reverse mortgage" has the meaning given in section
47.58, subdivision 1, paragraph (a).
new text end

new text begin Subd. 18. new text end

new text begin Risk management assessment. new text end

new text begin "Risk management assessment" means the
functional evaluations performed under the risk management program and the reports
provided to the board of directors under the relevant governance protocol.
new text end

new text begin Subd. 19. new text end

new text begin Risk management program. new text end

new text begin "Risk management program" means the policies
and procedures designed to identify, measure, monitor, and mitigate risk commensurate
with the covered institution's size and complexity.
new text end

new text begin Subd. 20. new text end

new text begin Servicer. new text end

new text begin "Servicer" has the meaning given in section 58.02, subdivision 20.
new text end

new text begin Subd. 21. new text end

new text begin Servicing liquidity. new text end

new text begin "Servicing liquidity" or "liquidity" means the financial
resources necessary to manage liquidity risk arising from servicing functions required in
acquiring and financing mortgage servicing rights; hedging costs, including margin calls,
associated with the mortgage servicing rights asset and financing facilities; and advances
or costs of advance financing for principal, interest, taxes, insurance, and any other servicing
related advances.
new text end

new text begin Subd. 22. new text end

new text begin Subservicer. new text end

new text begin "Subservicer" means the entity performing routine administration
of residential mortgage loans as the agent of a servicer or mortgage servicing rights investor
under the terms of a subservicing contract.
new text end

new text begin Subd. 23. new text end

new text begin Subservicing for others. new text end

new text begin "Subservicing for others" means the contractual
activities performed by subservicers on behalf of a servicer or mortgage servicing rights
investor.
new text end

new text begin Subd. 24. new text end

new text begin Tangible net worth. new text end

new text begin "Tangible net worth" means total equity less receivables
due from related entities, less goodwill and other intangibles, less pledged assets.
new text end

new text begin Subd. 25. new text end

new text begin Whole loans. new text end

new text begin "Whole loans" means a loan where a mortgage and the underlying
credit risk is owned and held on a balance sheet of the entity possessing all ownership rights.
new text end

Sec. 7.

new text begin [58.21] APPLICABILITY; EXCLUSIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Applicability. new text end

new text begin Sections 58.20 to 58.23 apply to covered institutions. For
entities within a holding company or an affiliated group of companies, sections 58.20 to
58.23 apply at the covered institution level.
new text end

new text begin Subd. 2. new text end

new text begin Exclusions. new text end

new text begin (a) Sections 58.20 to 58.23 do not apply to (1) persons exempt
from licensing under section 58.04 and 58.05; and (2) an institution of the Farm Credit
System established and authorized in accordance with the Farm Credit Act of 1971, as
amended, United States Code, title 12, section 2001, et seq.
new text end

new text begin (b) Section 58.22 does not apply to (1) servicers that solely own or conduct reverse
mortgage servicing; or (2) the reverse mortgage portfolio administered by a covered
institution.
new text end

Sec. 8.

new text begin [58.22] FINANCIAL CONDITION.
new text end

new text begin Subdivision 1. new text end

new text begin Compliance required. new text end

new text begin A covered institution must maintain capital and
liquidity in compliance with this section.
new text end

new text begin Subd. 2. new text end

new text begin Generally accepted new text end new text begin accounting principles. new text end

new text begin For the purposes of complying
with the capital and liquidity requirements of this section, all financial data must be
determined in accordance with generally accepted accounting principles.
new text end

new text begin Subd. 3. new text end

new text begin Federal Housing Finance Agency eligibility requirements; policies and
procedures. new text end

new text begin (a) A covered institution that meets the Federal Housing Finance Agency
eligibility requirements for enterprise single-family sellers and servicers with respect to
capital, net worth ratio, and liquidity meets the requirements of subdivisions 1 and 2,
regardless of whether the servicer is approved for government-sponsored enterprise servicing.
new text end

new text begin (b) A covered institution must maintain written policies and procedures that implement
the capital and servicing liquidity requirements of this section. The policies and procedures
implemented pursuant to this paragraph must include a sustainable written methodology to
satisfy the requirements of paragraph (a) and must be made available to the commissioner
upon request.
new text end

new text begin Subd. 4. new text end

new text begin Operating liquidity. new text end

new text begin (a) A covered institution must maintain sufficient allowable
assets for liquidity, in addition to the amounts required for servicing liquidity, to cover
normal business operations.
new text end

new text begin (b) Covered institutions must have sound cash management and business operating plans
that (1) match the complexity of the institution; and (2) ensure normal business operations.
new text end

new text begin (c) Management must develop, establish, and implement plans, policies, and procedures
to maintain operating liquidity sufficient for the ongoing needs of the covered institution.
Plans, policies, and procedures implemented pursuant to this paragraph must contain
sustainable, written methodologies to maintain sufficient operating liquidity and must be
made available to the commissioner upon request.
new text end

Sec. 9.

new text begin [58.23] CORPORATE GOVERNANCE.
new text end

new text begin Subdivision 1. new text end

new text begin Board of directors required. new text end

new text begin A covered institution must establish and
maintain a board of directors that is responsible for oversight of the covered institution.
new text end

new text begin Subd. 2. new text end

new text begin Board of directors; alternative. new text end

new text begin If a covered institution has not received
approval to service loans by a government-sponsored enterprise or the Government National
Mortgage Association, or if a government-sponsored enterprise or the Government National
Mortgage Association has granted approval for a board of directors alternative, the covered
institution may establish a similar body constituted to exercise oversight and fulfill the
responsibilities specified under subdivision 3.
new text end

new text begin Subd. 3. new text end

new text begin Board of directors; responsibilities. new text end

new text begin The board of directors must:
new text end

new text begin (1) establish a written corporate governance framework, including appropriate internal
controls designed to monitor corporate governance and assess compliance with the corporate
governance framework, and must make the corporate governance framework available to
the commissioner upon request;
new text end

new text begin (2) monitor and ensure the covered institution complies with (i) the corporate governance
framework; and (ii) sections 58.20 to this section; and
new text end

new text begin (3) perform accurate and timely regulatory reporting, including filing the mortgage call
report.
new text end

new text begin Subd. 4. new text end

new text begin Internal audit. new text end

new text begin The board of directors must establish internal audit requirements
that (1) are appropriate for the size, complexity, and risk profile of the servicer; and (2)
ensure appropriate independence to provide a reliable evaluation of the servicer's internal
control structure, risk management, and governance. The board-established internal audit
requirements and the results of internal audits must be made available to the commissioner
upon request.
new text end

new text begin Subd. 5. new text end

new text begin External audit. new text end

new text begin (a) A covered institution must receive an external audit,
including audited financial statements and audit reports, that is conducted by an independent
public accountant annually. The external audit must be made available to the commissioner
upon request.
new text end

new text begin (b) The external audit must include, at a minimum:
new text end

new text begin (1) annual financial statements, including (i) a balance sheet; (ii) a statement of operations
and income statement; and (iii) cash flows, including notes and supplemental schedules
prepared in accordance with generally accepted accounting principles;
new text end

new text begin (2) an assessment of the internal control structure;
new text end

new text begin (3) a computation of tangible net worth;
new text end

new text begin (4) validation of mortgage servicing rights valuation and reserve methodology, if
applicable;
new text end

new text begin (5) verification of adequate fidelity and errors and omissions insurance; and
new text end

new text begin (6) testing of controls related to risk management activities, including compliance and
stress testing, if applicable.
new text end

new text begin Subd. 6. new text end

new text begin Risk management. new text end

new text begin (a) Under oversight by the board of directors, a covered
institution must establish a risk management program that identifies, measures, monitors,
and controls risk commensurate with the covered institution's size and complexity. The risk
management program must have appropriate processes and models in place to measure,
monitor, and mitigate financial risks and changes to the servicer's risk profile and assets
being serviced.
new text end

new text begin (b) The size and risk management program must be scaled to the size and complexity
of the organization, including but not limited to:
new text end

new text begin (1) the potential that a borrower or counterparty fails to perform on an obligation;
new text end

new text begin (2) the potential that the servicer (i) is unable to meet the servicer's obligations as the
obligations come due as a result of an inability to liquidate assets or obtain adequate funding;
or (ii) cannot easily unwind or offset specific exposures;
new text end

new text begin (3) the risk resulting from (i) inadequate or failed internal processes, people, and systems;
or (ii) external events;
new text end

new text begin (4) the risk to the servicer's condition resulting from adverse movements in market rates
or prices;
new text end

new text begin (5) the risk of regulatory sanctions, fines, penalties, or losses resulting from the failure
to comply with laws, rules, regulations, or other supervisory requirements that apply to the
servicer;
new text end

new text begin (6) the potential that legal proceedings against the institution resulting in unenforceable
contracts, lawsuits, legal sanctions, or adverse judgments can disrupt or otherwise negatively
affect the servicer's operations or condition; and
new text end

new text begin (7) the risk to earnings and capital arising from negative publicity regarding the servicer's
business practices.
new text end

new text begin Subd. 7. new text end

new text begin Risk management assessment. new text end

new text begin A covered institution must conduct a risk
management assessment on an annual basis. The risk management assessment must conclude
with a formal report to the board of directors and must be made available to the commissioner
upon request. A covered institution must maintain evidence of risk management activities
throughout the year and must include the evidence of risk management activities as part of
the report. The risk management assessment must include issue findings and the response
or action taken to address the issue findings.
new text end

Sec. 10.

Minnesota Statutes 2022, section 61A.031, is amended to read:

61A.031 SUICIDE PROVISIONS.

new text begin (a) new text end The sanity or insanity of a person shall not be a factor in determining whether a
person committed suicide within the terms of an individual or group life insurance policy
regulating the payment of benefits in the event of the insured's suicide. This deleted text begin section deleted text end new text begin paragraph new text end
shall not be construed to alter present law but is intended to clarify present law.

new text begin (b) A life insurance policy or certificate issued or delivered in this state may exclude or
restrict liability for any death benefit in the event the insured dies as a result of suicide
within one year from the date of the issue of the policy or certificate. Any exclusion or
restriction shall be clearly stated in the policy or certificate. Any life insurance policy or
certificate which contains any exclusion or restriction under this paragraph shall also provide
that in the event any death benefit is denied because the insured dies as a result of suicide
within one year from the date of issue of the policy or certificate, the insurer shall refund
all premiums paid for coverage providing the denied death benefit on the insured.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2024, and applies to policies
issued on or after that date.
new text end

Sec. 11.

Minnesota Statutes 2022, section 61A.60, subdivision 3, is amended to read:

Subd. 3.

Definitions.

The following definitions must appear on the back of the notice
forms provided in subdivisions 1 and 2:

DEFINITIONS

PREMIUMS: Premiums are the payments you make in exchange for an insurance policy
or annuity contract. They are unlike deposits in a savings or investment program, because
if you drop the policy or contract, you might get back less than you paid in.

CASH SURRENDER VALUE: This is the amount of money you can get in cash if you
surrender your life insurance policy or annuity. If there is a policy loan, the cash surrender
value is the difference between the cash value printed in the policy and the loan value. Not
all policies have cash surrender values.

LAPSE: A life insurance policy may lapse when you do not pay the premiums within
the grace period. If you had a cash surrender value, the insurer might change your policy
to as much extended term insurance or paid-up insurance as the cash surrender value will
buy. Sometimes the policy lets the insurer borrow from the cash surrender value to pay the
premiums.

SURRENDER: You surrender a life insurance policy when you either let it lapse or tell
the company you want to drop it. Whenever a policy has a cash surrender value, you can
get it in cash if you return the policy to the company with a written request. Most insurers
will also let you exchange the cash value of the policy for paid-up or extended term insurance.

CONVERT TO PAID-UP INSURANCE: This means you use your cash surrender value
to change your insurance to a paid-up policy with the same insurer. The death benefit
generally will be lower than under the old policy, but you will not have to pay any more
premiums.

PLACE ON EXTENDED TERM: This means you use your cash surrender value to
change your insurance to term insurance with the same insurer. In this case, the net death
benefit will be the same as before. However, you will only be covered for a specified period
of time stated in the policy.

BORROW POLICY LOAN VALUES: If your life insurance policy has a cash surrender
value, you can almost always borrow all or part of it from the insurer. Interest will be charged
according to the terms of the policy, and if the loan with unpaid interest ever exceeds the
cash surrender value, your policy will be surrendered. If you die, the amount of the loan
and any unpaid interest due will be subtracted from the death benefits.

EVIDENCE OF INSURABILITY: This means proof that you are an acceptable risk.
You have to meet the insurer's standards regarding age, health, occupation, etc., to be eligible
for coverage.

INCONTESTABLE CLAUSE: This says that after two years, depending on the policy
or insurer, the life insurer will not resist a claim because you made a false or incomplete
statement when you applied for the policy. For the early years, though, if there are wrong
answers on the application and the insurer finds out about them, the insurer can deny a claim
as if the policy had never existed.

SUICIDE CLAUSE: This says that if you deleted text begin commit deleted text end new text begin complete new text end suicide after being insured
for less than deleted text begin two years deleted text end new text begin one year new text end , depending on the policy and insurer, your beneficiaries
will receive only a refund of the premiums that were paid.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2024, and applies to policies
issued on or after that date.
new text end

Sec. 12.

Minnesota Statutes 2022, section 62Q.735, subdivision 1, is amended to read:

Subdivision 1.

Contract disclosure.

(a) Before requiring a health care provider to sign
a contract, a health plan company shall give to the provider a complete copy of the proposed
contract, including:

(1) all attachments and exhibits;

(2) operating manuals;

(3) a general description of the health plan company's health service coding guidelines
and requirement for procedures and diagnoses with modifiers, and multiple procedures; and

(4) all guidelines and treatment parameters incorporated or referenced in the contract.

(b) The health plan company shall make available to the provider the fee schedule or a
method or process that allows the provider to determine the fee schedule for each health
care service to be provided under the contract.

(c) deleted text begin Notwithstanding paragraph (b), a health plan company that is a dental plan
organization, as defined in section 62Q.76, shall disclose information related to the individual
contracted provider's expected reimbursement from the dental plan organization. deleted text end Nothing
in this section requires a dental plan organization to disclose the plan's aggregate maximum
allowable fee table used to determine other providers' fees. The contracted provider must
not release this information in any way that would violate any state or federal antitrust law.

Sec. 13.

Minnesota Statutes 2022, section 62Q.735, subdivision 5, is amended to read:

Subd. 5.

Fee schedules.

deleted text begin (a) deleted text end A health plan company shall provide, upon request, any
additional fees or fee schedules relevant to the particular provider's practice beyond those
provided with the renewal documents for the next contract year to all participating providers,
excluding claims paid under the pharmacy benefit. Health plan companies may fulfill the
requirements of this section by making the full fee schedules available through a secure
web portal for contracted providers.

deleted text begin (b) A dental organization may satisfy paragraph (a) by complying with section 62Q.735,
subdivision 1, paragraph (c).
deleted text end

Sec. 14.

Minnesota Statutes 2022, section 62Q.76, is amended by adding a subdivision to
read:

new text begin Subd. 9. new text end

new text begin Third party. new text end

new text begin "Third party" means a person or entity that enters into a contract
with a dental organization or with another third party to gain access to the dental care services
or contractual discounts under a dental provider contract. Third party does not include an
enrollee of a dental organization or an employer or other group for whom the dental
organization provides administrative services.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2024, and applies to dental
plans and dental provider agreements offered, issued, or renewed on or after that date.
new text end

Sec. 15.

Minnesota Statutes 2022, section 62Q.78, is amended by adding a subdivision to
read:

new text begin Subd. 7. new text end

new text begin Method of payments. new text end

new text begin A dental provider contract must include a method of
payment for dental care services in which no fees associated with the method of payment,
including credit card fees and fees related to payment in the form of digital or virtual
currency, are incurred by the dentist or dental clinic. Any fees that may be incurred from a
payment must be disclosed to a dentist prior to entering into or renewing a dental provider
contract. For purposes of this section, fees related to a provider's electronic claims processing
vendor, financial institution, or other vendor used by a provider to facilitate the submission
of claims are excluded.
new text end

Sec. 16.

Minnesota Statutes 2022, section 62Q.78, is amended by adding a subdivision to
read:

new text begin Subd. 8. new text end

new text begin Network leasing. new text end

new text begin (a) A dental organization may grant a third party access to
a dental provider contract or a provider's dental care services or contractual discounts
provided pursuant to a dental provider contract if, at the time the dental provider contract
is entered into or renewed, the dental organization allows a dentist to choose not to participate
in third-party access to the dental provider contract, without any penalty to the dentist. The
third-party access provision of the dental provider contract must be clearly identified. A
dental organization must not grant a third party access to the dental provider contract of any
dentist who does not participate in third-party access to the dental provider contract.
new text end

new text begin (b) Notwithstanding paragraph (a), if a dental organization exists solely for the purpose
of recruiting dentists for dental provider contracts that establish a network to be leased to
third parties, the dentist waives the right to choose whether to participate in third-party
access.
new text end

new text begin (c) A dental organization may grant a third party access to a dental provider contract,
or a dentist's dental care services or contractual discounts under a dental provider contract,
if the following requirements are met:
new text end

new text begin (1) the dental organization lists all third parties that may have access to the dental provider
contract on the dental organization's website, which must be updated at least once every 90
days;
new text end

new text begin (2) the dental provider contract states that the dental organization may enter into an
agreement with a third party that would allow the third party to obtain the dental
organization's rights and responsibilities as if the third party were the dental organization,
and the dentist chose to participate in third-party access at the time the dental provider
contract was entered into; and
new text end

new text begin (3) the third party accessing the dental provider contract agrees to comply with all
applicable terms of the dental provider contract.
new text end

new text begin (d) A dentist is not bound by and is not required to perform dental care services under
a dental provider contract granted to a third party in violation of this section.
new text end

new text begin (e) This subdivision does not apply when:
new text end

new text begin (1) the dental provider contract is for dental services provided under a public health plan
program, including but not limited to medical assistance, MinnesotaCare, Medicare, or
Medicare Advantage; or
new text end

new text begin (2) access to a dental provider contract is granted to a dental organization, an entity
operating in accordance with the same brand licensee program as the dental organization
or other entity, or to an entity that is an affiliate of the dental organization, provided the
entity agrees to substantially similar terms and conditions as the originating dental provider
contract between the dental organization and the dentist or dental clinic. A list of the dental
organization's affiliates must be posted on the dental organization's website.
new text end

Sec. 17.

new text begin [65A.298] HOMEOWNER'S INSURANCE; FORTIFIED PROGRAM
STANDARDS.
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 term has the
meaning given.
new text end

new text begin (b) "Insurable property" means a residential property designated as meeting the Fortified
program standards as administered by the Insurance Institute for Business and Home Safety
(IBHS).
new text end

new text begin Subd. 2. new text end

new text begin Fortified new property. new text end

new text begin (a) An insurer shall provide a premium discount or
an insurance rate reduction to an owner who builds or locates a new insurable property in
Minnesota.
new text end

new text begin (b) An owner of insurable property claiming a premium discount or rate reduction under
this subdivision must submit a certificate issued by IBHS showing proof of compliance
with the Fortified program standards to the insurer prior to receiving the premium discount
or rate reduction.
new text end

new text begin Subd. 3. new text end

new text begin Fortified existing property. new text end

new text begin (a) An insurer shall provide a premium discount
or insurance rate reduction to an owner who retrofits an existing property to meet the
requirements to be an insurable property in Minnesota.
new text end

new text begin (b) An owner of insurable property claiming a premium discount or rate reduction under
this subdivision must submit a certificate issued by IBHS showing proof of compliance
with the Fortified program standards to the insurer prior to receiving the premium discount
or rate reduction.
new text end

new text begin Subd. 4. new text end

new text begin Insurers. new text end

new text begin (a) An insurer must submit to the commissioner actuarially justified
rates and a rating plan for a person who builds or locates a new insurable property in
Minnesota.
new text end

new text begin (b) An insurer must submit to the commissioner actuarially justified rates and a rating
plan for a person who retrofits an existing property to meet the requirements to be an
insurable property.
new text end

new text begin (c) An insurer may offer, in addition to the premium discount and insurance rate
reductions required under subdivisions 2 and 3, more generous mitigation adjustments to
an owner of insurable property.
new text end

new text begin (d) Any premium discount, rate reduction, or mitigation adjustment offered by an insurer
under this section applies only to policies that include wind coverage and may be applied
only to the portion of the premium for wind coverage, or for the total premium if the insurer
does not separate the premium for wind coverage in its rate filing.
new text end

new text begin (e) A rate and rating plan submitted to the commissioner under this section shall not be
used until the expiration of 60 days after it has been filed unless the commissioner approves
it before that time. In evaluating insurer submissions under this section prior to approval
for use, the commissioner must:
new text end

new text begin (1) evaluate evidence of cost savings directly attributed to the Fortified program standards
administered by IBHS; and
new text end

new text begin (2) evaluate whether those cost savings are passed along in full to qualified policyholders.
new text end

new text begin (f) Insurers must resubmit rates and rating plans at least every five years following their
initial submissions under this section for review and approval by the commissioner.
new text end

new text begin (g) The commissioner shall annually publish the premium savings policyholders
experienced because of the program.
new text end

new text begin (h) Participating insurers shall provide to the commissioner any information requested
by the commissioner for the purposes of this paragraph.
new text end

Sec. 18.

new text begin [65A.299] STRENGTHEN MINNESOTA HOMES PROGRAM.
new text end

new text begin Subdivision 1. new text end

new text begin Short title. new text end

new text begin This section may be cited as the "Strengthen Minnesota
Homes Act."
new text end

new text begin Subd. 2. new text end

new text begin Definitions. new text end

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

new text begin (b) "Insurable property" has the meaning given in section 65A.298, subdivision 3.
new text end

new text begin (c) "Program" means the Strengthen Minnesota Homes program established under this
section.
new text end

new text begin Subd. 3. new text end

new text begin Program established; purpose, permitted activities. new text end

new text begin The Strengthen Minnesota
Homes program is established within the Department of Commerce. The purpose of the
program is to provide grants to retrofit insurable property to resist loss due to common
perils, including but not limited to tornadoes or other catastrophic windstorm events.
new text end

new text begin Subd. 4. new text end

new text begin Strengthen Minnesota homes account; appropriation. new text end

new text begin (a) A strengthen
Minnesota homes account is created as a separate account in the special revenue fund of
the state treasury. The account consists of money provided by law and any other money
donated, allotted, transferred, or otherwise provided to the account. Earnings, including
interest, dividends, and any other earnings arising from assets of the account, must be
credited to the account. Money remaining in the account at the end of a fiscal year does not
cancel to the general fund and remains in the account until expended. The commissioner
must manage the account.
new text end

new text begin (b) Money in the account is appropriated to the commissioner to pay for (1) grants issued
under the program, and (2) the reasonable costs incurred by the commissioner to administer
the program.
new text end

new text begin Subd. 5. new text end

new text begin Use of grants. new text end

new text begin (a) A grant under this section must be used to retrofit an insurable
property.
new text end

new text begin (b) Grant money provided under this section must not be used for maintenance or repairs,
but may be used in conjunction with repairs or reconstruction necessitated by damage from
wind or hail.
new text end

new text begin (c) A project funded by a grant under this section must be completed within three months
of the date the grant is approved. Failure to complete the project in a timely manner may
result in forfeiture of the grant.
new text end

new text begin Subd. 6. new text end

new text begin Applicant eligibility. new text end

new text begin The commissioner must develop (1) administrative
procedures to implement this section, and (2) criteria used to determine whether an applicant
is eligible for a grant under this section.
new text end

new text begin Subd. 7. new text end

new text begin Contractor eligibility; conflicts of interest. new text end

new text begin (a) To be eligible to work as a
contractor on a projected funded by a grant under this section, the contractor must meet all
of the following program requirements and must maintain a current copy of all certificates,
licenses, and proof of insurance coverage with the program office. The eligible contractor
must:
new text end

new text begin (1) hold a valid residential building contractor and residential remodeler license issued
by the commissioner of labor and industry;
new text end

new text begin (2) not be subject to disciplinary action by the commissioner of labor and industry;
new text end

new text begin (3) hold any other valid state or jurisdictional business license or work permits required
by law;
new text end

new text begin (4) possess an in-force general liability policy with $1,000,000 in liability coverage;
new text end

new text begin (5) possess an in-force workers compensation policy with $1,000,000 in coverage;
new text end

new text begin (6) possess a certificate of compliance from the commissioner of revenue;
new text end

new text begin (7) successfully complete the Fortified Roof for High Wind and Hail training provided
by the IBHS and maintain an active certification or IBHS's successor and provide a certificate
of successful completion. The training may be offered as separate courses;
new text end

new text begin (8) agree to the terms and successfully register as a vendor with the commissioner of
management and budget and receive direct deposit of payment for mitigation work performed
under the program;
new text end

new text begin (9) maintain Internet access and keep a valid email address on file with the program and
remain active in the commissioner of management and budget's vendor and supplier portal
while working on the program;
new text end

new text begin (10) maintain an active email address for the communication with the program;
new text end

new text begin (11) successfully complete the program training; and
new text end

new text begin (12) agree to follow program procedures and rules established under this section and by
the commissioner.
new text end

new text begin (b) An eligible contractor must not have a financial interest, other than payment on
behalf of the homeowner, in any project for which the eligible contractor performs work
toward a fortified designation under the program. An eligible contractor is prohibited from
acting as the evaluator for a fortified designation on any project funded by the program. An
eligible contractor must report to the commissioner regarding any potential conflict of
interest before work commences on any job funded by the program.
new text end

new text begin Subd. 8. new text end

new text begin Evaluator eligibility; conflicts of interest. new text end

new text begin (a) To be eligible to work on the
program as an evaluator, the evaluator must meet all program eligibility requirements and
must submit to the commissioner and maintain a copy of all current certificates and licenses.
The evaluator must:
new text end

new text begin (1) be in good standing with IBHS and maintain an active certification as a fortified
home evaluator for hurricane and high wind and hail or a successor certification;
new text end

new text begin (2) possess a Minnesota business license and be registered with the secretary of state;
and
new text end

new text begin (3) successfully complete the program training.
new text end

new text begin (b) Evaluators must not have a financial interest in any project that the evaluator inspects
for designation purposes for the program. An evaluator must not be an eligible contractor
or supplier of any material, product, or system installed in any home that the evaluator
inspects for designation purposes for the program. An evaluator must not be a sales agent
for any home being designated for the program. An evaluator must inform the commissioner
of any potential conflict of interest impacting the evaluator's participation in the program.
new text end

new text begin Subd. 9. new text end

new text begin Grant approval; allocation. new text end

new text begin (a) The commissioner must review all applications
for completeness and must perform appropriate audits to verify (1) the accuracy of the
information on the application, and (2) that the applicant meets all eligibility rules. All
verified applicants must be placed in the order the application was received. Grants must
be awarded on a first-come, first-served basis, subject to availability of money for the
program.
new text end

new text begin (b) When a grant is approved, an approval letter must be sent to the applicant.
new text end

new text begin (c) An eligible contractor is prohibited from beginning work until a grant is approved.
new text end

new text begin (d) In order to assure equitable distribution of grants in proportion to the income
demographics in counties where the program is made available, grant applications must be
accepted on a first-come, first-served basis. The commissioner may establish pilot projects
as needed to establish a sustainable program distribution system in any geographic area
within Minnesota.
new text end

new text begin Subd. 10. new text end

new text begin Grant award process; release of grant money. new text end

new text begin (a) After a grant application
is approved, the eligible contractor selected by the homeowner may begin the mitigation
work.
new text end

new text begin (b) Once the mitigation work is completed, the eligible contractor must submit a copy
of the signed contract to the commissioner, along with an invoice seeking payment and an
affidavit stating the fortified standards were met by the work.
new text end

new text begin (c) The IBHS evaluator must conduct all required evaluations, including a required
interim inspection during construction and the final inspection, and must confirm that the
work was completed according to the mitigation specifications.
new text end

new text begin (d) Grant money must be released on behalf of an approved applicant only after a fortified
designation certificate has been issued for the home. The program or another designated
entity must, on behalf of the homeowner, directly pay the eligible contractor that performed
the mitigation work. The program or the program's designated entity must pay the eligible
contractor the costs covered by the grant. The homeowner must pay the eligible contractor
for the remaining cost after receiving an IBHS fortified certificate.
new text end

new text begin (e) The program must confirm that the homeowner's insurer provides the appropriate
premium credit.
new text end

new text begin (f) The program must conduct random reinspections to detect any fraud and must submit
any irregularities to the attorney general.
new text end

new text begin Subd. 11. new text end

new text begin Limitations. new text end

new text begin (a) This section does not create an entitlement for property
owners or obligate the state of Minnesota to pay for residential property in Minnesota to be
inspected or retrofitted. The program under this section is subject to legislative appropriations,
the receipt of federal grants or money, or the receipt of other sources of grants or money.
The department may obtain grants or other money from the federal government or other
funding sources to support and enhance program activities.
new text end

new text begin (b) All mitigation under this section is contingent upon securing all required local permits
and applicable inspections to comply with local building codes and applicable Fortified
program standards. A mitigation project receiving a grant under this section is subject to
random reinspection at a later date.
new text end

Sec. 19.

Minnesota Statutes 2022, section 65B.49, is amended by adding a subdivision to
read:

new text begin Subd. 10. new text end

new text begin Time limitations. new text end

new text begin (a) Unless expressly provided for in this chapter, a plan of
reparation security must conform to the six-year time limitation provided under section
541.05, subdivision 1, clause (1).
new text end

new text begin (b) The time limitation for commencing a cause of action relating to underinsured motorist
coverage under subdivision 3a is four years from the date of accrual.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective on August 1, 2023, and applies to contracts
issued or renewed on or after that date.
new text end

Sec. 20.

Minnesota Statutes 2022, section 80A.50, is amended to read:

80A.50 SECTION 302; FEDERAL COVERED SECURITIES; SMALL
CORPORATE OFFERING REGISTRATION.

(a) Federal covered securities.

(1) Required filing of records. With respect to a federal covered security, as defined
in Section 18(b)(2) of the Securities Act of 1933 (15 U.S.C. Section 77r(b)(2)), that is not
otherwise exempt under sections 80A.45 through 80A.47, a rule adopted or order issued
under this chapter may require the filing of any or all of the following records:

(A) before the initial offer of a federal covered security in this state, all records that are
part of a federal registration statement filed with the Securities and Exchange Commission
under the Securities Act of 1933 and a consent to service of process complying with section
80A.88 signed by the issuer;

(B) after the initial offer of the federal covered security in this state, all records that are
part of an amendment to a federal registration statement filed with the Securities and
Exchange Commission under the Securities Act of 1933; and

(C) to the extent necessary or appropriate to compute fees, a report of the value of the
federal covered securities sold or offered to persons present in this state, if the sales data
are not included in records filed with the Securities and Exchange Commission.

(2) Notice filing effectiveness and renewal. A notice filing under subsection (a) is
effective for one year commencing on the later of the notice filing or the effectiveness of
the offering filed with the Securities and Exchange Commission. On or before expiration,
the issuer may renew a notice filing by filing a copy of those records filed by the issuer with
the Securities and Exchange Commission that are required by rule or order under this chapter
to be filed. A previously filed consent to service of process complying with section 80A.88
may be incorporated by reference in a renewal. A renewed notice filing becomes effective
upon the expiration of the filing being renewed.

(3) Notice filings for federal covered securities under section 18(b)(4)(D). With
respect to a security that is a federal covered security under Section 18(b)(4)(D) of the
Securities Act of 1933 (15 U.S.C. Section 77r(b)(4)(D)), a rule under this chapter may
require a notice filing by or on behalf of an issuer to include a copy of Form D, including
the Appendix, as promulgated by the Securities and Exchange Commission, and a consent
to service of process complying with section 80A.88 signed by the issuer not later than 15
days after the first sale of the federal covered security in this state.

(4) Stop orders. Except with respect to a federal security under Section 18(b)(1) of the
Securities Act of 1933 (15 U.S.C. Section 77r(b)(1)), if the administrator finds that there is
a failure to comply with a notice or fee requirement of this section, the administrator may
issue a stop order suspending the offer and sale of a federal covered security in this state.
If the deficiency is corrected, the stop order is void as of the time of its issuance and no
penalty may be imposed by the administrator.

(b) Small corporation offering registration.

(1) Registration required. A security meeting the conditions set forth in this section
may be registered as set forth in this section.

(2) Availability. Registration under this section is available only to the issuer of securities
and not to an affiliate of the issuer or to any other person for resale of the issuer's securities.
The issuer must be organized under the laws of one of the states or possessions of the United
States. The securities offered must be exempt from registration under the Securities Act of
1933 pursuant to Rule 504 of Regulation D (15 U.S.C. Section 77c).

(3) Disqualification. Registration under this section is not available to any of the
following issuers:

(A) an issuer subject to the reporting requirements of Section 13 or 15(d) of the Securities
Exchange Act of 1934;

(B) an investment company;

(C) a development stage company that either has no specific business plan or purpose
or has indicated that its business plan is to engage in a merger or acquisition with an
unidentified company or companies or other entity or person;

(D) an issuer if the issuer or any of its predecessors, officers, directors, governors,
partners, ten percent stock or equity holders, promoters, or any selling agents of the securities
to be offered, or any officer, director, governor, or partner of the selling agent:

(i) has filed a registration statement that is the subject of a currently effective registration
stop order entered under a federal or state securities law within five years before the filing
of the small corporate offering registration application;

(ii) has been convicted within five years before the filing of the small corporate offering
registration application of a felony or misdemeanor in connection with the offer, purchase,
or sale of a security or a felony involving fraud or deceit, including, but not limited to,
forgery, embezzlement, obtaining money under false pretenses, larceny, or conspiracy to
defraud;

(iii) is currently subject to a state administrative enforcement order or judgment entered
by a state securities administrator or the Securities and Exchange Commission within five
years before the filing of the small corporate offering registration application, or is subject
to a federal or state administrative enforcement order or judgment in which fraud or deceit,
including, but not limited to, making untrue statements of material facts or omitting to state
material facts, was found and the order or judgment was entered within five years before
the filing of the small corporate offering registration application;

(iv) is currently subject to an order, judgment, or decree of a court of competent
jurisdiction temporarily restraining or enjoining, or is subject to an order, judgment, or
decree of a court of competent jurisdiction permanently restraining or enjoining the party
from engaging in or continuing any conduct or practice in connection with the purchase or
sale of any security or involving the making of a false filing with a state or with the Securities
and Exchange Commission entered within five years before the filing of the small corporate
offering registration application; or

(v) is subject to a state's administrative enforcement order, or judgment that prohibits,
denies, or revokes the use of an exemption for registration in connection with the offer,
purchase, or sale of securities,

(I) except that clauses (i) to (iv) do not apply if the person subject to the disqualification
is duly licensed or registered to conduct securities-related business in the state in which the
administrative order or judgment was entered against the person or if the dealer employing
the party is licensed or registered in this state and the form BD filed in this state discloses
the order, conviction, judgment, or decree relating to the person, and

(II) except that the disqualification under this subdivision is automatically waived if the
state securities administrator or federal agency that created the basis for disqualification
determines upon a showing of good cause that it is not necessary under the circumstances
to deny the registration.

(4) Filing and effectiveness of registration statement. A small corporate offering
registration statement must be filed with the administrator. If no stop order is in effect and
no proceeding is pending under section 80A.54, such registration statement shall become
effective automatically at the close of business on the 20th day after filing of the registration
statement or the last amendment of the registration statement or at such earlier time as the
administrator may designate by rule or order. For the purposes of a nonissuer transaction,
other than by an affiliate of the issuer, all outstanding securities of the same class identified
in the small corporate offering registration statement as a security registered under this
chapter are considered to be registered while the small corporate offering registration
statement is effective. A small corporate offering registration statement is effective for one
year after its effective date or for any longer period designated in an order under this chapter.
A small corporate offering registration statement may be withdrawn only with the approval
of the administrator.

(5) Contents of registration statement. A small corporate offering registration statement
under this section shall be on Form U-7, including exhibits required by the instructions
thereto, as adopted by the North American Securities Administrators Association, or such
alternative form as may be designated by the administrator by rule or order and must include:

(A) a consent to service of process complying with section 80A.88;

(B) a statement of the type and amount of securities to be offered and the amount of
securities to be offered in this state;

(C) a specimen or copy of the security being registered, unless the security is
uncertificated, a copy of the issuer's articles of incorporation and bylaws or their substantial
equivalents in effect, and a copy of any indenture or other instrument covering the security
to be registered;

(D) a signed or conformed copy of an opinion of counsel concerning the legality of the
securities being registered which states whether the securities, when sold, will be validly
issued, fully paid, and nonassessable and, if debt securities, binding obligations of the issuer;

(E) the states (i) in which the securities are proposed to be offered; (ii) in which a
registration statement or similar filing has been made in connection with the offering
including information as to effectiveness of each such filing; and (iii) in which a stop order
or similar proceeding has been entered or in which proceedings or actions seeking such an
order are pending;

(F) a copy of the offering document proposed to be delivered to offerees; and

(G) a copy of any other pamphlet, circular, form letter, advertisement, or other sales
literature intended as of the effective date to be used in connection with the offering and
any solicitation of interest used in compliance with section 80A.46(17)(B).

(6) Copy to purchaser. A copy of the offering document as filed with the administrator
must be delivered to each person purchasing the securities prior to sale of the securities to
such person.

new text begin (c) Offering limit. Offers and sales of securities under a small corporate offering
registration as set forth in this section are allowed up to the limit prescribed by Code of
Federal Regulations, title 17, part 230.504(b)(2), as amended.
new text end

Sec. 21.

Minnesota Statutes 2022, section 103G.291, subdivision 4, is amended to read:

Subd. 4.

Demand reduction measures.

(a) For the purposes of this section, "demand
reduction measures" means measures that reduce water demand, water losses, peak water
demands, and nonessential water uses. Demand reduction measures must include a
conservation rate structure, or a uniform rate structure with a conservation program that
achieves demand reduction. A "conservation rate structure" means a rate structure that
encourages conservation and may include increasing block rates, seasonal rates, time of use
rates, individualized goal rates, or excess use rates. If a conservation rate is applied to
multifamily dwellings new text begin or a manufactured home park, as defined in section 327C.015,
subdivision 8 new text end , the rate structure must consider each residential unit as an individual user.

(b) To encourage conservation, a public water supplier serving more than 1,000 people
must implement demand reduction measures by January 1, 2015.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2024, and applies to a billing
period that begins on or after that date.
new text end

Sec. 22.

Minnesota Statutes 2022, section 237.066, is amended to read:

237.066 STATE GOVERNMENT PRICING PLANS.

Subdivision 1.

Purpose.

A state government new text begin or Tribal government new text end telecommunications
pricing plan is authorized and found to be in the public interest as it will:

(1) provide and ensure availability of high-quality, technologically advanced
telecommunications services at a reasonable cost to the state new text begin or Tribal government new text end ; and

(2) further the state telecommunications goals as set forth in section 237.011.

Subd. 2.

Program participation.

A state government new text begin or Tribal government new text end
telecommunications pricing plan may be available to serve individually or collectively:
state agencies; new text begin Tribal governments; new text end educational institutions, including public schools new text begin and
Tribal schools new text end complying with section 120A.05, subdivision 9, 11, 13, or 17, and nonpublic
schools complying with sections 120A.22, 120A.24, and 120A.41; private colleges; public
corporations; and political subdivisions of the state new text begin or a Tribal nation new text end . Plans shall be available
to carry out the commissioner of administration's duties under sections 16E.17 and 16E.18
and shall also be available to those entities not using the commissioner for contracting for
telecommunications services.

Subd. 3.

Rates.

Notwithstanding section 237.09, 237.14, 237.60, subdivision 3, or
237.74, a telephone company or a telecommunications carrier may, individually or in
cooperation with other telephone companies or telecommunications carriers, develop and
offer basic or advanced telecommunications services at discounted or reduced rates as a
state government new text begin or Tribal government new text end telecommunications pricing plan. Any
telecommunications services provided under any state government new text begin or Tribal government new text end
telecommunications pricing plan shall be used exclusively by deleted text begin those deleted text end new text begin the new text end entities described
in subdivision 2 subject to the plan solely for deleted text begin their deleted text end new text begin the entities' new text end own use and shall not be
made available to any other entities by resale, sublease, or in any other way.

Subd. 4.

Applicability to other customers.

A telephone company or telecommunications
carrier providing telecommunications services under a state government new text begin or Tribal government new text end
telecommunications pricing plan is not required to provide any other person or entity those
services at the rates made available to the state new text begin or Tribal government new text end .

Subd. 5.

Commission review.

new text begin (a) new text end The terms and conditions of any state government new text begin or
Tribal government new text end telecommunications pricing plan must be submitted to the commission
for deleted text begin its deleted text end review and approval within 90 days before implementation to:

(1) ensure that the terms and conditions benefit the state new text begin or Tribal nation new text end and not any
private entity;

(2) ensure that the rates for any telecommunications service in any state government new text begin or
Tribal government new text end telecommunications pricing plan are at or below any applicable tariffed
rates; and

(3) ensure that the state telecommunications new text begin or Tribal government new text end pricing plan meets
the requirements of this section and is in the public interest.

new text begin (b) new text end The commission shall reject any state government new text begin or Tribal government new text end
telecommunications pricing plan that does not meet deleted text begin these deleted text end new text begin the new text end criteria new text begin in paragraph (a) new text end .

Sec. 23.

Minnesota Statutes 2022, section 325D.01, subdivision 5, is amended to read:

Subd. 5.

Cost.

The term "cost," as applied to the wholesale or retail vendor, means:

(1) the actual current delivered invoice or replacement cost, whichever is lower, without
deducting customary cash discounts, plus any excise or sales taxes imposed on such
commodity, goods, wares or merchandise subsequent to the purchase thereof and prior to
the resale thereof, plus the cost of doing business at that location by the vendor;

(2) where a manufacturer publishes a list price and discounts, in determining such "cost"
the manufacturer's published list price then currently in effect, less the published trade
discount but without deducting the customary cash discount, plus any excise or sales taxes
imposed on such commodity, goods, wares or merchandise subsequent to the purchase
thereof and prior to the resale thereof, plus the cost of doing business by the vendor shall
be prima facie evidence of "cost"; new text begin and
new text end

(3) for purposes of gasoline offered for sale by way of posted price or indicating meter
by a retailer, at a retail location where gasoline is dispensed into passenger automobiles and
trucks by the consumer, "cost" means new text begin either:
new text end

new text begin (i) new text end the average terminal price on the day, at the terminal from which the most recent
supply of gasoline delivered to the retail location was acquired, new text begin plus all applicable state and
federal excise taxes and fees; or
new text end

new text begin (ii) the actual current delivered invoice or replacement cost of the gasoline, whichever
is lower, new text end plus all applicable state and federal excise taxes and fees deleted text begin , plus the lesser of six
percent or eight cents deleted text end .

Sec. 24.

Minnesota Statutes 2022, section 325D.71, is amended to read:

325D.71 UNLAWFUL GASOLINE SALES.

Any offer for sale of gasoline by a retailer by way of posted price or indicating meter
that is below cost, as defined by section 325D.01, subdivision 5, clause (3), is a violation
of section 325D.04, except that the criminal penalties in section 325D.071 do not apply. In
addition to the penalties for violations and the remedies provided for injured parties set forth
elsewhere in this chapter, the commissioner of commerce may use the authority under
section 45.027 for the purpose of preventing violations of this section. A retailer who sells
gasoline at the same or higher legally posted price of a competitor in the same market area,
on the same day, is not in violation of this section.

A retailer who offers gasoline for sale at a price below cost as part of a promotion at an
individual location for no more than three days in any calendar quarter is not in violation
of this section.

new text begin A retailer who offers gasoline for sale at a price below cost through the use of coupons,
loyalty programs, membership-based pricing programs, or promotions or programs of similar
import is not in violation of this section.
new text end

Sec. 25.

Minnesota Statutes 2022, section 325E.31, is amended to read:

325E.31 REMEDIES.

new text begin (a) new text end A person who is found to have violated sections 325E.27 to 325E.30 is subject to
the penalties and remedies, including a private right of action to recover damages, as provided
in section 8.31.

new text begin (b) In addition to the penalties and remedies under paragraph (a), the attorney general
is entitled to sue for and recover on behalf of the state a civil penalty from a person found
to have violated sections 325E.27 to 325E.30. The court must determine the civil penalty
amount, which must not exceed $50,000.
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. 26.

Minnesota Statutes 2022, section 325E.66, is amended by adding a subdivision
to read:

new text begin Subd. 1a. new text end

new text begin Prices and rates. new text end

new text begin Upon the occurrence of a weather event classified as a severe
thunderstorm pursuant to the criteria established by the National Oceanic and Atmospheric
Administration, a residential building contractor operating within the geographic region
impacted by the weather event and repairing damage caused by the weather event shall not:
new text end

new text begin (1) charge an unconscionably excessive price for labor in comparison to the market price
charged for comparable services in the geographic region impacted by the weather event;
or
new text end

new text begin (2) charge an insurance company a rate that exceeds what the residential building
contractor otherwise charges members of the general public.
new text end

Sec. 27.

Minnesota Statutes 2022, section 325E.66, subdivision 2, is amended to read:

Subd. 2.

Private remedy.

If a residential contractor violates subdivision 1 new text begin or 1a new text end , the
insured or the applicable insurer may bring an action against the residential contractor in a
court of competent jurisdiction for damages sustained by the insured or insurer as a
consequence of the residential contractor's violation.

Sec. 28.

Minnesota Statutes 2022, section 325E.66, subdivision 3, is amended to read:

Subd. 3.

Public enforcement.

The commissioner of labor and industry shall enforce
deleted text begin this section deleted text end new text begin subdivision 1 new text end under sections 326B.081 to 326B.085.

Sec. 29.

new text begin [325E.67] POST-LOSS ASSIGNMENT OF BENEFITS.
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 terms in this subdivision
have the meanings given.
new text end

new text begin (b) "Residential contractor" means a residential roofer, as defined in section 326B.802,
subdivision 14; a residential building contractor, as defined in section 326B.802, subdivision
11; or a residential remodeler, as defined in section 326B.802, subdivision 12.
new text end

new text begin (c) "Residential real estate" means a new or existing building, including appurtenant
structures, constructed for habitation by at least one family but no more than four families.
new text end

new text begin Subd. 2. new text end

new text begin Post-loss assignment. new text end

new text begin A post-loss assignment of rights or benefits to a residential
contractor under a property and casualty insurance policy insuring residential real estate
must comply with the following:
new text end

new text begin (1) the assignment must only authorize a residential contractor to be named as a copayee
for the payment of benefits under a property and casualty insurance policy covering
residential real estate;
new text end

new text begin (2) the assignment must include all of the following:
new text end

new text begin (i) an itemized description of the work to be performed;
new text end

new text begin (ii) an itemized description of materials, labor, and fees for the work to be performed;
and
new text end

new text begin (iii) a total itemized amount to be paid for the work to be performed;
new text end

new text begin (3) the assignment must include a statement that the residential contractor has made no
assurances that the claimed loss is fully covered by an insurance contract and must include
the following notice in capitalized 14-point type:
new text end

new text begin "YOU ARE AGREEING TO ASSIGN CERTAIN RIGHTS YOU HAVE UNDER
YOUR INSURANCE POLICY. THE ITEMIZED DESCRIPTION OF THE WORK
PERFORMED, AS SET FORTH IN THIS ASSIGNMENT FORM, HAS NOT BEEN
AGREED TO BY THE INSURER. PLEASE READ AND UNDERSTAND THIS
DOCUMENT BEFORE SIGNING. THE INSURER MAY ONLY PAY FOR THE
REASONABLE COST TO REPAIR OR REPLACE DAMAGED PROPERTY CAUSED
BY A COVERED PERIL, SUBJECT TO THE TERMS OF THE POLICY.";
new text end

new text begin (4) the named insured has the right to cancel the assignment within ten business days
after receipt of the scope of work by the insurance company. The cancellation must be made
in writing or a comparable digital format. Within ten business days of the date of the written
cancellation, the residential contractor must tender to the named insured, the landowner, or
the possessor of the real estate any payments, partial payments, or deposits that have been
made by that person;
new text end

new text begin (5) the assignment must include the following notice in capitalized 14-point type, located
in the immediate proximity of the space reserved in the assignment for the signature of the
named insured:
new text end

new text begin "YOU MAY CANCEL THIS ASSIGNMENT WITHOUT PENALTY WITHIN TEN
(10) BUSINESS DAYS FROM THE LATER OF THE DATE THE ASSIGNMENT IS
EXECUTED OR THE DATE ON WHICH YOU RECEIVE A COPY OF THE EXECUTED
ASSIGNMENT. YOU MUST CANCEL THE ASSIGNMENT IN WRITING AND THE
CANCELLATION MUST BE DELIVERED TO [insert the name and address of residential
contractor as provided by the residential contractor]. IF MAILED, THE CANCELLATION
MUST BE POSTMARKED ON OR BEFORE THE TEN (10) BUSINESS DAY
DEADLINE. IF YOU CANCEL THIS ASSIGNMENT, THE RESIDENTIAL
CONTRACTOR HAS UP TO TEN (10) BUSINESS DAYS TO RETURN ANY
PAYMENTS OR DEPOSITS YOU HAVE MADE.";
new text end

new text begin (6) the assignment must not impair the interests of a mortgagee or other parties with any
legal interests listed on the declarations page of the property and casualty insurance policy
that is the subject of the assignment; and
new text end

new text begin (7) the assignment must not prevent or inhibit an insurer from communicating with the
named insured or mortgagee listed on the declarations page of the property and casualty
insurance policy that is the subject of the assignment.
new text end

new text begin Subd. 3. new text end

new text begin Other requirements. new text end

new text begin A residential contractor receiving the assignment described
in subdivision 2 must:
new text end

new text begin (1) deliver a copy of the assignment to the insurer of the residential real estate within
five business days of the date the assignment is executed;
new text end

new text begin (2) cooperate with the insurer of the residential real estate in an investigation into the
claim by providing documents and records requested by the insurer and complying with the
post-loss duties under the insurance policy; and
new text end

new text begin (3) comply with section 325E.66.
new text end

new text begin Subd. 4. new text end

new text begin Certain assignments void. new text end

new text begin A post-loss assignment of benefits entered into
with a residential contractor that violates any provision of the federal Insured Homeowner's
Protection Act of 1998, Public Law 105-216, as amended, is void.
new text end

Sec. 30.

new text begin [325E.72] DIGITAL FAIR REPAIR.
new text end

new text begin Subdivision 1. new text end

new text begin Short title. new text end

new text begin This act may be cited as the "Digital Fair Repair Act."
new text end

new text begin Subd. 2. new text end

new text begin Definitions. new text end

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

new text begin (b) "Authorized repair provider" means an individual or business who is unaffiliated
with an original equipment manufacturer and who has: (1) an arrangement with the original
equipment manufacturer, for a definite or indefinite period, under which the original
equipment manufacturer grants to the individual or business a license to use a trade name,
service mark, or other proprietary identifier to offer diagnostic, maintenance, or repair
services for digital electronic equipment under the name of the original equipment
manufacturer; or (2) an arrangement with the original equipment manufacturer to offer
diagnostic, maintenance, or repair services for digital electronic equipment on behalf of the
original equipment manufacturer. An original equipment manufacturer that offers diagnostic,
maintenance, or repair services for the original equipment manufacturer's digital electronic
equipment is considered an authorized repair provider with respect to the digital electronic
equipment if the original equipment manufacturer does not have an arrangement described
in this paragraph with an unaffiliated individual or business.
new text end

new text begin (c) "Contractor" has the meaning given in section 326B.31, subdivision 14.
new text end

new text begin (d) "Cybersecurity" means the practice of protecting networks, devices, and data from
unauthorized access or criminal use and the practice of ensuring confidentiality, integrity,
and availability of information.
new text end

new text begin (e) "Digital electronic equipment" or "equipment" means any hardware product that
depends, in whole or in part, on digital electronics embedded in or attached to the product
in order for the product to function, for which the original equipment manufacturer makes
available tools, parts, or documentation to authorized repair providers.
new text end

new text begin (f) "Documentation" means a manual, diagram, reporting output, service code description,
schematic diagram, or similar information made available by an original equipment
manufacturer to an authorized repair provider to facilitate diagnostic, maintenance, or repair
services for digital electronic equipment.
new text end

new text begin (g) "Embedded software" means any programmable instructions provided on firmware
delivered with digital electronic equipment, or with a part for the equipment, in order to
operate the equipment. Embedded software includes all relevant patches and fixes made by
the manufacturer of the equipment or part in order to operate the equipment.
new text end

new text begin (h) "Fair and reasonable terms" means, with respect to:
new text end

new text begin (1) parts for digital electronic equipment offered by an original equipment manufacturer:
new text end

new text begin (i) costs that are fair to both parties; and
new text end

new text begin (ii) terms under which an original equipment manufacturer offers the part to an authorized
repair provider and which:
new text end

new text begin (A) is not conditioned on or imposing a substantial obligation to use or restrict the use
of the part to diagnose, maintain, or repair digital electronic equipment sold, leased, or
otherwise supplied by the original equipment manufacturer, including a condition that the
owner or independent repair provider become an authorized repair provider of the original
equipment manufacturer; or
new text end

new text begin (B) a requirement that a part be registered, paired with, or approved by the original
equipment manufacturer or an authorized repair provider before the part is operational or
prohibit an original equipment manufacturer from imposing any additional cost or burden
that is not reasonably necessary or is designed to be an impediment on the owner or
independent repair provider;
new text end

new text begin (2) tools, software, and documentation for digital electronic equipment offered by an
original equipment manufacturer:
new text end

new text begin (i) costs that are equivalent to the lowest actual cost for which the original equipment
manufacturer offers the tool, software, or documentation to an authorized repair provider,
including any discount, rebate, or other financial incentive offered to an authorized repair
provider; and
new text end

new text begin (ii) terms that are equivalent to the most favorable terms under which an original
equipment manufacturer offers the tool, software, or documentation to an authorized repair
provider, including the methods and timeliness of delivery of the tool, software, or
documentation, do not impose on an owner or an independent repair provider:
new text end

new text begin (A) a substantial obligation to use or restrict the use of the tool, software, or
documentation to diagnose, maintain, or repair digital electronic equipment sold, leased, or
otherwise supplied by the original equipment manufacturer, including a condition that the
owner or independent repair provider become an authorized repair provider of the original
equipment manufacturer; or
new text end

new text begin (B) a requirement that a tool be registered, paired with, or approved by the original
equipment manufacturer or an authorized repair provider before the part or tool is operational;
and
new text end

new text begin (3) documentation offered by an original equipment manufacturer: that the documentation
is made available by the original equipment manufacturer at no charge, except that when
the documentation is requested in physical printed form, a charge may be included for the
reasonable actual costs of preparing and sending the copy.
new text end

new text begin (i) "Independent repair provider" means an individual or business operating in Minnesota
that: (1) does not have an arrangement described in paragraph (b) with an original equipment
manufacturer; (2) is not affiliated with any individual or business that has an arrangement
described in paragraph (b); and (3) is engaged in providing diagnostic, maintenance, or
repair services for digital electronic equipment. An original equipment manufacturer or,
with respect to the original equipment manufacturer, an individual or business that has an
arrangement with the original equipment manufacturer or is affiliated with an individual or
business that has an arrangement with that original equipment manufacturer, is considered
an independent repair provider for purposes of the instances the original equipment
manufacturer engages in diagnostic, maintenance, or repair services for digital electronic
equipment that is not manufactured by or sold under the name of the original equipment
manufacturer.
new text end

new text begin (j) "Manufacturer of motor vehicle equipment" means a business engaged in the business
of manufacturing or supplying components used to manufacture, maintain, or repair a motor
vehicle.
new text end

new text begin (k) "Motor vehicle" means a vehicle that is: (1) designed to transport persons or property
on a street or highway; and (2) certified by the manufacturer under (i) all applicable federal
safety and emissions standards, and (ii) all requirements for distribution and sale in the
United States. Motor vehicle does not include a recreational vehicle or an auto home equipped
for habitation.
new text end

new text begin (l) "Motor vehicle dealer" means an individual or business that, in the ordinary course
of business: (1) is engaged in the business of selling or leasing new motor vehicles to an
individual or business pursuant to a franchise agreement; (2) has obtained a license under
section 168.27; and (3) is engaged in providing diagnostic, maintenance, or repair services
for motor vehicles or motor vehicle engines pursuant to a franchise agreement.
new text end

new text begin (m) "Motor vehicle manufacturer" means a business engaged in the business of
manufacturing or assembling new motor vehicles.
new text end

new text begin (n) "Original equipment manufacturer" means any individual or business that, in the
normal course of business, is engaged in the business of selling or leasing to any individual
or business new digital electronic equipment manufactured by or on behalf of the original
equipment manufacturer.
new text end

new text begin (o) "Owner" means an individual or business that owns or leases digital electronic
equipment purchased or used in Minnesota.
new text end

new text begin (p) "Part" means any replacement part or assembly of parts, either new or used, made
available by an original equipment manufacturer to authorized repair providers to facilitate
the maintenance or repair of digital electronic equipment manufactured or sold by the original
equipment manufacturer.
new text end

new text begin (q) "Tool" means any software program, hardware implement, or other apparatus used
for diagnosis, maintenance, or repair of digital electronic equipment, including software or
other mechanisms that provide, program, pair a part, calibrate functionality, or perform any
other function required to repair the original equipment or part back to fully functional
condition, including updates.
new text end

new text begin (r) "Trade secret" has the meaning given in section 325C.01, subdivision 5.
new text end

new text begin (s) "Video game console" means a computing device, such as a console machine, a
handheld console device, or another device or system, and its components and peripherals,
that is primarily used by consumers for playing video games but which is neither a general
nor an all-purpose computer. A general or all-purpose computer includes but is not limited
to a desktop computer, laptop, tablet, or cell phone.
new text end

new text begin Subd. 3. new text end

new text begin Requirements. new text end

new text begin (a) For digital electronic equipment and parts for the equipment
sold or used in Minnesota, an original equipment manufacturer must make available to any
independent repair provider or to the owner of digital electronic equipment manufactured
by or on behalf of, or sold by, the original equipment manufacturer, on fair and reasonable
terms, documentation, parts, and tools, inclusive of any updates to information or embedded
software, for diagnostic, maintenance, or repair purposes. Nothing in this section requires
an original equipment manufacturer to make available a part, a tool, or documentation if it
is no longer available to the original equipment manufacturer.
new text end

new text begin (b) Such parts, tools, and documentation shall be made available within 60 days after
the first sale of the digital electronic equipment in Minnesota.
new text end

new text begin Subd. 4. new text end

new text begin Enforcement by attorney general. new text end

new text begin A violation of this section is an unlawful
practice under section 325D.44. All remedies, penalties, and authority granted to the attorney
general under section 8.31 are available to the attorney general to enforce this section.
new text end

new text begin Subd. 5. new text end

new text begin Limitations. new text end

new text begin (a) Nothing in this section requires an original equipment
manufacturer to divulge a trade secret or license any intellectual property to an owner or
an independent service provider, except as necessary to provide documentation, parts, and
tools on fair and reasonable terms.
new text end

new text begin (b) Nothing in this section alters the terms of any arrangement described in subdivision
2, paragraph (b), including but not limited to the performance or provision of warranty or
recall repair work by an authorized repair provider on behalf of an original equipment
manufacturer pursuant to the arrangement, in force between an authorized repair provider
and an original equipment manufacturer. A provision in the terms of an arrangement
described in subdivision 2, paragraph (b), that purports to waive, avoid, restrict, or limit the
original equipment manufacturer's obligations to comply with this section is void and
unenforceable.
new text end

new text begin (c) Nothing in this section requires an original equipment manufacturer or an authorized
repair provider to provide to an owner or independent repair provider access to information,
other than documentation, that is provided by the original equipment manufacturer to an
authorized repair provider pursuant to the terms of an arrangement described in subdivision
2, paragraph (b).
new text end

new text begin (d) Nothing in this section requires an original equipment manufacturer or authorized
repair provider to make available any parts, tools, or documentation for the purpose of
making modifications to any digital electronic equipment.
new text end

new text begin (e) Nothing in this section shall be construed to require the original equipment
manufacturer to sell service parts if the service parts are no longer provided by the original
equipment manufacturer or made available to authorized repair providers of the original
equipment manufacturer.
new text end

new text begin (f) Nothing in this section shall require an original manufacturer to make available special
documentation, tools, and parts that would disable or override antitheft security measures
set by the owner of the equipment without the owner's authorization.
new text end

new text begin (g) Nothing in this section shall apply if the original equipment manufacturer provides
equivalent or better, readily available replacement equipment at no charge to the customer.
new text end

new text begin (h) Nothing in this section requires the original manufacturer to provide access to parts,
tools, or documentation for work that is required to be done or supervised by an individual
or contractor licensed under chapter 326B or with any individual or contractor who does
not possess the relevant license required for that work.
new text end

new text begin Subd. 6. new text end

new text begin Exclusions. new text end

new text begin (a) Nothing in this section applies to: (1) a motor vehicle
manufacturer, manufacturer of motor vehicle equipment, or motor vehicle dealer acting in
that capacity; or (2) any product or service of a motor vehicle manufacturer, manufacturer
of motor vehicle equipment, or motor vehicle dealer acting in that capacity.
new text end

new text begin (b) Nothing in this section applies to manufacturers or distributors of a medical device
as defined in the Federal Food, Drug, and Cosmetic Act, United States Code, title 21, section
301 et seq., or a digital electronic product or software manufactured for use in a medical
setting including diagnostic, monitoring, or control equipment or any product or service
that the manufacturer or distributor of a medical device offers.
new text end

new text begin (c) Nothing in this section applies to manufacturers, distributors, importers, or dealers
of any off-road or nonroad equipment, including without limitation farm and utility tractors;
farm implements; farm machinery; forestry equipment; industrial equipment; utility
equipment; construction equipment; compact construction equipment; road-building
equipment; electronic vehicle charging infrastructure equipment; mining equipment; turf,
yard, and garden equipment; outdoor power equipment; portable generators; marine,
all-terrain sports, and recreational vehicles, including without limitation racing vehicles;
stand-alone or integrated stationary or mobile internal combustion engines; generator sets
and fuel cell power; power tools; and any tools, technology, attachments, accessories,
components, and repair parts for any of the foregoing.
new text end

new text begin (d) Nothing in this section shall be construed to require any original equipment
manufacturer or authorized repair provider to make available any parts, tools, or
documentation required for the diagnosis, maintenance, or repair of a video game console
and its components and peripherals.
new text end

new text begin (e) Nothing in this section applies to an energy storage system, as defined in section
216B.2422, subdivision 1, paragraph (f).
new text end

new text begin (f) Nothing in this section requires an original equipment manufacturer to make available
parts, documentation, or tools related to cybersecurity.
new text end

new text begin Subd. 7. new text end

new text begin Liability, defenses, and warranties. new text end

new text begin No original equipment manufacturer or
authorized repair provider shall be liable for any damage or injury caused to any digital
electronic equipment, person, or property that occurs as a result of repair, diagnosis,
maintenance, or modification performed by an independent repair provider or owner,
including but not limited to any indirect, incidental, special, or consequential damages; any
loss of data, privacy, or profits; or an inability to use, or reduced functionality of, the digital
electronic equipment.
new text end

new text begin Subd. 8. new text end

new text begin Applicability. new text end

new text begin This section applies to equipment sold on or after July 1, 2017.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2024.
new text end

Sec. 31.

new text begin [325E.80] ABNORMAL MARKET DISRUPTIONS; UNCONSCIONABLY
EXCESSIVE PRICES.
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 terms in this subdivision
have the meanings given.
new text end

new text begin (b) "Essential consumer good or service" means a good or service that is vital for the
health, safety, or welfare of the public, including without limitation: food; water; fuel;
gasoline; shelter; transportation; health care services; pharmaceuticals; and medical, personal
hygiene, sanitation, and cleaning supplies.
new text end

new text begin (c) "Seller" means a manufacturer, supplier, wholesaler, distributor, or retail seller of
goods and services.
new text end

new text begin (d) "Unconscionably excessive price" means a price that represents a gross disparity
compared to the seller's average price of an essential good or service, offered for sale or
sold in the usual course of business, in the 60-day period before an abnormal market
disruption is declared under subdivision 2. None of the following is an unconscionably
excessive price:
new text end

new text begin (1) a price that is substantially related to an increase in the cost of manufacturing,
obtaining, replacing, providing, or selling a good or service;
new text end

new text begin (2) a price that is no more than 25 percent above the seller's average price during the
60-day period before an abnormal market disruption is declared under subdivision 2;
new text end

new text begin (3) a price that is consistent with the fluctuations in applicable commodity markets or
seasonal fluctuations; or
new text end

new text begin (4) a contract price, or the results of a price formula, that was established before an
abnormal market disruption is declared under subdivision 2.
new text end

new text begin Subd. 2. new text end

new text begin Abnormal market disruption. new text end

new text begin (a) The governor may by executive order declare
an abnormal market disruption if there is a substantial and atypical change in the market
for an essential consumer good or service caused by an event that results in a declaration
of a state of emergency by the governor.
new text end

new text begin (b) The governor's abnormal market disruption declaration must state that the declaration
is activating this section and must specify the geographic area of Minnesota to which the
declaration applies.
new text end

new text begin (c) A declaration under this subdivision terminates 30 days after the date that the state
of emergency for which it was activated ends.
new text end

new text begin Subd. 3. new text end

new text begin Notice. new text end

new text begin Upon the implementation, renewal, limitation, or termination of an
abnormal market disruption declaration made under subdivision 2: (1) the governor must
immediately post notice on applicable government websites and provide notice to the media;
and (2) the commissioner of commerce must provide notice directly to sellers by any practical
means.
new text end

new text begin Subd. 4. new text end

new text begin Prohibition. new text end

new text begin If the governor declares an abnormal market disruption, a person
is prohibited from selling or offering to sell an essential consumer good or service for an
amount that represents an unconscionably excessive price during the period in which the
abnormal market disruption declaration is effective.
new text end

new text begin Subd. 5. new text end

new text begin Civil penalty. new text end

new text begin A person who is found to have violated this section is subject
to a civil penalty of not more than $1,000 per sale or transaction, with a maximum penalty
of $25,000 per day, in addition to any damages that may be owed under subdivision 7.
new text end

new text begin Subd. 6. new text end

new text begin Enforcement authority. new text end

new text begin The attorney general may investigate and bring an
action against a seller for an alleged violation of this section. If the attorney general
investigates a violation of this section, the attorney general must: (1) promptly notify the
seller that they are the subject of an investigation; and (2) notify the seller when the
investigation closes. A notice issued by the attorney general notifying the seller that an
investigation has closed is not a determination on the merits of an investigation.
new text end

new text begin Subd. 7. new text end

new text begin Damages. new text end

new text begin Any person, any governmental body, or the state of Minnesota or
any of its subdivisions or agencies, injured directly or indirectly by a violation of this section
may bring a civil action and may recover up to three times the actual damages sustained.
In any subsequent action arising from the same conduct, the court may take any steps
necessary to avoid duplicative recovery against a defendant. In any action brought by the
attorney general pursuant to this section, the court may award any of the remedies allowable
under this subdivision or otherwise permitted by law.
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. 32.

Minnesota Statutes 2022, section 325F.662, subdivision 2, is amended to read:

Subd. 2.

Written warranty required.

(a) Every used motor vehicle sold by a dealer is
covered by an express warranty which the dealer shall provide to the consumer new text begin in writing new text end .
At a minimum, the express warranty applies for the following terms:

(1) if the used motor vehicle has less than 36,000 miles, the warranty must remain in
effect for at least 60 days or 2,500 miles, whichever comes first;

(2) if the used motor vehicle has 36,000 miles or more, but less than 75,000 miles, the
warranty must remain in effect for at least 30 days or 1,000 miles, whichever comes first new text begin ;
and
new text end

new text begin (3) unless the vehicle is sold by a new motor vehicle dealer, as defined in section 168.27,
subdivision 2, if the used motor vehicle has 75,000 miles or more, but less than 200,000
miles, the warranty must remain in effect for at least 15 days or 500 miles, whichever comes
first new text end .

(b) The express warranty must require the dealer, in the event of a malfunction, defect,
or failure in a covered part, to repair or replace the covered part, or at the dealer's election,
to accept return of the used motor vehicle from the consumer and provide a refund to the
consumer.

(c) For used motor vehicles with less than 36,000 miles, the dealer's express warranty
shall cover, at minimum, the following parts:

(1) with respect to the engine, all lubricated parts, intake manifolds, engine block, cylinder
head, rotary engine housings, and ring gear;

(2) with respect to the transmission, the automatic transmission case, internal parts, and
the torque converter; or, the manual transmission case, and the internal parts;

(3) with respect to the drive axle, the axle housings and internal parts, axle shafts, drive
shafts and output shafts, and universal joints; but excluding the secondary drive axle on
vehicles, other than passenger vans, mounted on a truck chassis;

(4) with respect to the brakes, the master cylinder, vacuum assist booster, wheel cylinders,
hydraulic lines and fittings, and disc brakes calipers;

(5) with respect to the steering, the steering gear housing and all internal parts, power
steering pump, valve body, piston, and rack;

(6) the water pump;

(7) the externally mounted mechanical fuel pump;

(8) the radiator;

(9) the alternator, generator, and starter.

(d) For used motor vehicles with 36,000 miles or more, but less than deleted text begin 75,000 deleted text end new text begin 200,000 new text end
miles, the dealer's express warranty shall cover, at minimum, the following parts:

(1) with respect to the engine, all lubricated parts, intake manifolds, engine block, cylinder
head, rotary engine housings, and ring gear;

(2) with respect to the transmission, the automatic transmission case, internal parts, and
the torque converter; or, the manual transmission case, and internal parts;

(3) with respect to the drive axle, the axle housings and internal parts, axle shafts, drive
shafts and output shafts, and universal joints; but excluding the secondary drive axle on
vehicles, other than passenger vans, mounted on a truck chassis;

(4) with respect to the brakes, the master cylinder, vacuum assist booster, wheel cylinders,
hydraulic lines and fittings, and disc brake calipers;

(5) with respect to the steering, the steering gear housing and all internal parts, power
steering pump, valve body, and piston;

(6) the water pump;

(7) the externally mounted mechanical fuel pump.

(e)(1) A dealer's obligations under the express warranty remain in effect notwithstanding
the fact that the warranty period has expired, if the consumer promptly notified the dealer
of the malfunction, defect, or failure in the covered part within the specified warranty period
and, within a reasonable time after notification, brings the vehicle or arranges with the dealer
to have the vehicle brought to the dealer for inspection and repair.

(2) If a dealer does not have a repair facility, the dealer shall designate where the vehicle
must be taken for inspection and repair.

(3) In the event the malfunction, defect, or failure in the covered part occurs at a location
which makes it impossible or unreasonable to return the vehicle to the selling dealer, the
consumer may have the repairs completed elsewhere with the consent of the selling dealer,
which consent may not be unreasonably withheld.

(4) Notwithstanding the provisions of this paragraph, a consumer may have nonwarranty
maintenance and nonwarranty repairs performed other than by the selling dealer and without
the selling dealer's consent.

(f) Nothing in this section diminishes the obligations of a manufacturer under an express
warranty issued by the manufacturer. The express warranties created by this section do not
require a dealer to repair or replace a covered part if the repair or replacement is covered
by a manufacturer's new car warranty, or the manufacturer otherwise agrees to repair or
replace the part.

(g) The express warranties created by this section do not cover defects or repair problems
which result from collision, abuse, negligence, or lack of adequate maintenance following
sale to the consumer.

(h) The terms of the express warranty, including the duration of the warranty and the
parts covered, must be fully, accurately, and conspicuously disclosed by the dealer on the
front of the Buyers Guide.

Sec. 33.

Minnesota Statutes 2022, section 325F.662, subdivision 3, is amended to read:

Subd. 3.

Exclusions.

Notwithstanding the provisions of subdivision 2, a dealer is not
required to provide an express warranty for a used motor vehicle:

(1) new text begin except for a used motor vehicle described in subdivision 2, paragraph (a), clause (3),
new text end sold for a total cash sale price of less than $3,000, including the trade-in value of any vehicle
traded in by the consumer, but excluding tax, license fees, registration fees, and finance
charges;

(2) with an engine designed to use diesel fuel;

(3) with a gross weight, as defined in section 168.002, subdivision 13, in excess of 9,000
pounds;

(4) that has been custom-built or modified for show or for racing;

(5) new text begin except for a used motor vehicle described in subdivision 2, paragraph (a), clause (3),
new text end that is eight years of age or older, as calculated from the first day in January of the designated
model year of the vehicle;

(6) that has been produced by a manufacturer which has never manufactured more than
10,000 motor vehicles in any one year;

(7) that has deleted text begin 75,000 deleted text end new text begin 200,000 new text end miles or more at time of sale;

(8) that has not been manufactured in compliance with applicable federal emission
standards in force at the time of manufacture as provided by the Clean Air Act, United
States Code, title 42, sections 7401 through 7642, and regulations adopted pursuant thereto,
and safety standards as provided by the National Traffic and Motor Safety Act, United
States Code, title 15, sections 1381 through 1431, and regulations adopted pursuant thereto;
or

(9) that has been issued a certificate of title that bears a "salvage" brand or stamp under
section 168A.151.

Sec. 34.

new text begin [325F.995] GENETIC INFORMATION PRIVACY ACT.
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 them.
new text end

new text begin (b) "Biological sample" means any material part of a human, discharge from a material
part of a human, or derivative from a material part of a human, including but not limited to
tissue, blood, urine, or saliva, that is known to contain deoxyribonucleic acid (DNA).
new text end

new text begin (c) "Consumer" means an individual who is a Minnesota resident.
new text end

new text begin (d) "Deidentified data" means data that cannot reasonably be used to infer information
about, or otherwise be linked to, an identifiable consumer and that is subject to:
new text end

new text begin (1) administrative and technical measures to ensure the data cannot be associated with
a particular consumer;
new text end

new text begin (2) public commitment by the company to (i) maintain and use data in deidentified form,
and (ii) not attempt to reidentify the data; and
new text end

new text begin (3) legally enforceable contractual obligations that prohibit any recipients of the data
from attempting to reidentify the data.
new text end

new text begin (e) "Direct-to-consumer genetic testing company" or "company" means an entity that:
(1) offers consumer genetic testing products or services directly to consumers; or (2) collects,
uses, or analyzes genetic data that was (i) collected via a direct-to-consumer genetic testing
product or service, and (ii) provided to the company by a consumer. Direct-to-consumer
genetic testing company does not include an entity that collects, uses, or analyzes genetic
data or biological samples only in the context of research, as defined in Code of Federal
Regulations, title 45, section 164.501, that is conducted in a manner that complies with the
federal policy for the protection of human research subjects under Code of Federal
Regulations, title 45, part 46; the Good Clinical Practice Guideline issued by the International
Council for Harmonisation; or the United States Food and Drug Administration Policy for
the Protection of Human Subjects under Code of Federal Regulations, title 21, parts 50 and
56.
new text end

new text begin (f) "Express consent" means a consumer's affirmative written response to a clear,
meaningful, and prominent written notice regarding the collection, use, or disclosure of
genetic data for a specific purpose.
new text end

new text begin (g) "Genetic data" means any data, regardless of the data's format, that concerns a
consumer's genetic characteristics. Genetic data includes but is not limited to:
new text end

new text begin (1) raw sequence data that results from sequencing a consumer's complete extracted
DNA or a portion of the extracted DNA;
new text end

new text begin (2) genotypic and phenotypic information that results from analyzing the raw sequence
data; and
new text end

new text begin (3) self-reported health information that a consumer submits to a company regarding
the consumer's health conditions and that is (i) used for scientific research or product
development, and (ii) analyzed in connection with the consumer's raw sequence data.
new text end

new text begin Genetic data does not include deidentified data.
new text end

new text begin (h) "Genetic testing" means any laboratory test of a consumer's complete DNA, regions
of a consumer's DNA, chromosomes, genes, or gene products to determine the presence of
genetic characteristics.
new text end

new text begin (i) "Person" means an individual, partnership, corporation, association, business, business
trust sole proprietorship, other entity, or representative of an organization.
new text end

new text begin (j) "Service provider" means a person that is involved in the collection, transportation,
analysis of, or any other service in connection with, a consumer's biological sample, extracted
genetic material, or genetic data on behalf of the direct-to-consumer genetic testing company,
or on behalf of any other person that collects, uses, maintains, or discloses biological samples,
extracted genetic material, or genetic data collected or derived from a direct-to-consumer
genetic testing product or service, or is directly provided by a consumer, or the delivery of
the results of the analysis of the biological sample, extracted genetic material, or genetic
data.
new text end

new text begin Subd. 2. new text end

new text begin Disclosure and consent requirements. new text end

new text begin (a) To safeguard the privacy,
confidentiality, security, and integrity of a consumer's genetic data, a direct-to-consumer
genetic testing company must:
new text end

new text begin (1) provide clear and complete information regarding the company's policies and
procedures governing the collection, use, maintenance, and disclosure of genetic data by
making available to a consumer:
new text end

new text begin (i) a high-level privacy policy overview that includes basic, essential information about
the company's collection, use, or disclosure of genetic data; and
new text end

new text begin (ii) a prominent, publicly available privacy notice that includes at a minimum information
about the company's data collection, consent, use, access, disclosure, maintenance, transfer,
security, retention, and deletion practices;
new text end

new text begin (2) obtain a consumer's express consent to collect, use, and disclose the consumer's
genetic data, including at a minimum:
new text end

new text begin (i) initial express consent that clearly (A) describes the uses of the genetic data collected
through the genetic testing product service, and (B) specifies who has access to the test
results and how the genetic data may be shared;
new text end

new text begin (ii) separate express consent to (A) transfer or disclose the consumer's genetic data to
any person other than the company's vendors and service providers, or (B) use genetic data
beyond the primary purpose of the genetic testing product or service and inherent contextual
uses;
new text end

new text begin (iii) separate express consent to retain any biological sample provided by the consumer
following completion of the initial testing service requested by the consumer;
new text end

new text begin (iv) informed consent in compliance with federal policy for the protection of human
research subjects under Code of Federal Regulations, title 45, part 46, to transfer or disclose
the consumer's genetic data to a third-party person for research purposes or research
conducted under the control of the company for publication or generalizable knowledge
purposes; and
new text end

new text begin (v) express consent for marketing by (A) the direct-to-consumer genetic testing company
to a consumer based on the consumer's genetic data, or (B) a third party to a consumer based
on the consumer having ordered or purchased a genetic testing product or service. For
purposes of this clause, "marketing" does not include customized content or offers provided
on the websites or through the applications or services provided by the direct-to-consumer
genetic testing company with the first-party relationship to the customer;
new text end

new text begin (3) not disclose genetic data to law enforcement or any other governmental agency
without a consumer's express written consent unless the disclosure is made pursuant to a
valid search warrant or court order;
new text end

new text begin (4) develop, implement, and maintain a comprehensive security program to protect a
consumer's genetic data against unauthorized access, use, or disclosure; and
new text end

new text begin (5) provide a process for a consumer to:
new text end

new text begin (i) access the consumer's genetic data;
new text end

new text begin (ii) delete the consumer's account and genetic data; and
new text end

new text begin (iii) request and obtain the destruction of the consumer's biological sample.
new text end

new text begin (b) Notwithstanding any other provisions in this section, a direct-to-consumer genetic
testing company is prohibited from disclosing a consumer's genetic data without the
consumer's express consent to: (1) any entity offering health insurance, life insurance, or
long-term care insurance; or (2) any employer of the consumer. Any consent under this
paragraph must clearly identify the recipient of the consumer's genetic data proposed to be
disclosed.
new text end

new text begin (c) A company that is subject to the requirements described in paragraph (a), clause (2),
shall provide effective mechanisms, without any unnecessary steps, for a consumer to revoke
any consent of the consumer or all of the consumer's consents after a consent is given,
including at least one mechanism which utilizes the primary medium through which the
company communicates to the consumer. If a consumer revokes a consent provided pursuant
to paragraph (a), clause (2), the company shall honor the consumer's consent revocation as
soon as practicable, but not later than 30 days after the consumer revokes consent. The
company shall destroy a consumer's biological sample within 30 days of receipt of revocation
of consent to store the sample.
new text end

new text begin (d) A direct-to-consumer genetic testing company must provide a clear and complete
notice to a consumer that the consumer's deidentified data may be shared with or disclosed
to third parties for research purposes in accordance with Code of Federal Regulations, title
45, part 46.
new text end

new text begin Subd. 3. new text end

new text begin Service provider agreements. new text end

new text begin (a) A contract between the company and a
service provider must prohibit the service provider from retaining, using, or disclosing any
biological sample, extracted genetic material, genetic data, or any information regarding
the identity of the consumer, including whether that consumer has solicited or received
genetic testing, as applicable, for any purpose other than for the specific purpose of
performing the services specified in the service contract. The mandatory prohibition set
forth in this subdivision requires a service contract to include, at minimum, the following
provisions:
new text end

new text begin (1) a provision prohibiting the service provider from retaining, using, or disclosing the
biological sample, extracted genetic material, genetic data, or any information regarding
the identity of the consumer, including whether that consumer has solicited or received
genetic testing, as applicable, for any purpose other than providing the services specified
in the service contract; and
new text end

new text begin (2) a provision prohibiting the service provider from associating or combining the
biological sample, extracted genetic material, genetic data, or any information regarding
the identity of the consumer, including whether that consumer has solicited or received
genetic testing, as applicable, with information the service provider has received from or
on behalf of another person or persons, or has collected from its own interaction with
consumers or as required by law.
new text end

new text begin (b) A service provider subject to this subdivision is subject to the same confidentiality
obligations as a direct-to-consumer genetic testing company with respect to all biological
samples, extracted genetic materials, and genetic material, or any information regarding the
identity of any consumer in the service provider's possession.
new text end

new text begin Subd. 4. new text end

new text begin Enforcement. new text end

new text begin The commissioner of commerce may enforce this section under
section 45.027.
new text end

new text begin Subd. 5. new text end

new text begin Limitations. new text end

new text begin This section does not apply to:
new text end

new text begin (1) protected health information that is collected by a covered entity or business associate,
as those terms are defined in Code of Federal Regulations, title 45, parts 160 and 164;
new text end

new text begin (2) a public or private institution of higher education; or
new text end

new text begin (3) an entity owned or operated by a public or private institution of higher education.
new text end

new text begin Subd. 6. new text end

new text begin Construction. new text end

new text begin This section does not supersede the requirements and rights
described in section 13.386 or the remedies available under chapter 13 for violations of
section 13.386.
new text end

Sec. 35.

Minnesota Statutes 2022, section 325G.051, subdivision 1, is amended to read:

Subdivision 1.

Limitation; prohibition.

(a) A seller new text begin or lessor new text end of goods or services new text begin doing
business in Minnesota new text end may impose a surcharge on new text begin transactions in Minnesota with new text end a deleted text begin purchaser deleted text end new text begin
customer new text end who elects to use a credit new text begin or charge new text end card in lieu of payment by cash, check, or
similar means, provided new text begin :
new text end

(1) new text begin if the sale or lease of goods or services is processed in person, new text end the seller new text begin or lessor new text end
informs the deleted text begin purchaser deleted text end new text begin customer new text end of the surcharge both orally at the time of sale and by a sign
conspicuously posted on the seller's new text begin or lessor's new text end premises deleted text begin , deleted text end new text begin ;
new text end

new text begin (2) if the sale or lease of goods or services is processed through a website or mobile
device, the seller or lessor informs the customer of the surcharge by conspicuously posting
a surcharge notice during the sale, at the point of sale, on the customer order summary, or
on the checkout page of the website;
new text end

new text begin (3) if the sale or lease of services is processed over the phone, the seller or lessor informs
the customer of the surcharge orally; new text end and deleted text begin (2)
deleted text end

new text begin (4) new text end the surcharge does not exceed five percent of the purchase price.

(b) A seller new text begin or lessor new text end of goods or services that establishes and is responsible for deleted text begin its deleted text end new text begin the
seller or lessor's new text end own customer credit new text begin or charge new text end card may not impose a surcharge on a
deleted text begin purchaser deleted text end new text begin customer new text end who elects to use that credit new text begin or charge new text end card in lieu of payment by cash,
check, or similar means.

(c) For purposes of this section "surcharge" means a fee or charge imposed by a seller new text begin
or lessor new text end upon a deleted text begin buyer deleted text end new text begin customer new text end that increases the price of goods or services to the deleted text begin buyer deleted text end new text begin
customer new text end because the deleted text begin buyer deleted text end new text begin customer new text end uses a credit new text begin or charge new text end card to purchase new text begin or lease new text end the
goods or services. The term does not include a discount offered by a seller new text begin or lessor new text end to a
deleted text begin buyer deleted text end new text begin customer new text end who makes payment for goods or services by cash, check, or similar means
not involving a credit new text begin or charge new text end card if the discount is offered to all prospective deleted text begin buyers deleted text end new text begin
customers new text end and its availability is clearly and conspicuously disclosed to all prospective deleted text begin buyers deleted text end new text begin
customers new text end .

new text begin (d) This subdivision applies to an agent of a seller or lessor.
new text end

Sec. 36.

Minnesota Statutes 2022, section 327C.015, is amended by adding a subdivision
to read:

new text begin Subd. 3a. new text end

new text begin Commodity rate. new text end

new text begin "Commodity rate" means the per unit price for utility service
that varies directly with the volume of a resident's consumption of utility service and that
is established or approved by the Minnesota Public Utilities Commission or a municipal
public utilities commission, an electric cooperative association, or a municipality and charged
to a user of the service.
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. 37.

Minnesota Statutes 2022, section 327C.015, is amended by adding a subdivision
to read:

new text begin Subd. 11a. new text end

new text begin Public utility. new text end

new text begin "Public utility" has the meaning given in section 216B.02,
subdivision 4.
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. 38.

Minnesota Statutes 2022, section 327C.015, subdivision 17, is amended to read:

Subd. 17.

Substantial modification.

"Substantial modification" means any change in
a rule which: (a) significantly diminishes or eliminates any material obligation of the park
owner; (b) significantly diminishes or eliminates any material right, privilege or freedom
of action of a resident; or (c) involves a significant new expense for a resident. new text begin The
installation of water and sewer meters and the subsequent metering of and billing for water
and sewer service is not a substantial modification of the lease, provided the park owner
complies with section 327C.04, subdivision 6.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for meter installations initiated on or
after August 1, 2023.
new text end

Sec. 39.

Minnesota Statutes 2022, section 327C.015, is amended by adding a subdivision
to read:

new text begin Subd. 17a. new text end

new text begin Utility provider. new text end

new text begin "Utility provider" means a public utility, an electric
cooperative association, or a municipal utility.
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. 40.

Minnesota Statutes 2022, section 327C.04, subdivision 1, is amended to read:

Subdivision 1.

Billing permitted.

A park owner who new text begin either new text end provides utility service new text begin
directly new text end to residents new text begin or who redistributes to residents utility service provided to the park
owner by a utility provider new text end may charge the residents for that service, only if the charges
comply with this section.

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 2022, section 327C.04, subdivision 2, is amended to read:

Subd. 2.

Metering required.

A park owner who charges residents for a utility service
must charge each household the same amount, unless the park owner has installed measuring
devices which accurately meter each household's use of the utility. new text begin Utility measuring devices
installed by the park owner must be installed or repaired only by a licensed plumber, licensed
electrician, or licensed manufactured home installer.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023, and applies to meters
installed or repaired on or after that date.
new text end

Sec. 42.

Minnesota Statutes 2022, section 327C.04, is amended by adding a subdivision
to read:

new text begin Subd. 5. new text end

new text begin Utility charge for metered service. new text end

new text begin (a) A park owner who redistributes utility
service may not charge a resident a commodity rate that exceeds the commodity rate at
which the park owner purchases utility service from a utility provider. Before billing residents
for redistributed utility service, a park owner must deduct utility service used exclusively
or primarily for the park owner's purposes.
new text end

new text begin (b) If a utility bill that a park owner receives from a utility provider separates from
variable consumption charges a fixed service or meter charge or fee, taxes, surcharges, or
other miscellaneous charges, the park owner must deduct the park owner's pro rata share
of these separately itemized charges and apportion the remaining fixed portion of the bill
equally among residents based on the total number of occupied units in the park.
new text end

new text begin (c) A park owner may not charge to or collect from residents any administrative, capital,
or other expenses associated with the distribution of utility services, including but not limited
to disconnection, reconnection, and late payment fees.
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. 43.

Minnesota Statutes 2022, section 327C.04, is amended by adding a subdivision
to read:

new text begin Subd. 6. new text end

new text begin Rent increases following the installation of water meters. new text end

new text begin A park owner may
not increase lot rents for 13 months following the commencement of utility bills for a resident
whose lease included water service. In each of the three months prior to commencement of
utility billing, a park owner must provide the resident with a sample bill for water service.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023, and applies to meter
installations initiated on or after that date.
new text end

Sec. 44.

new text begin [332.71] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Scope. new text end

new text begin For the purposes of sections 332.71 to 332.75, the definitions in
this section have the meanings given them.
new text end

new text begin Subd. 2. new text end

new text begin Coerced debt. new text end

new text begin (a) "Coerced debt" means all or a portion of debt in a debtor's
name that has been incurred as a result of:
new text end

new text begin (1) the use of the debtor's personal information without the debtor's knowledge,
authorization, or consent;
new text end

new text begin (2) the use or threat of force, intimidation, undue influence, harassment, fraud, deception,
coercion, or other similar means against the debtor; or
new text end

new text begin (3) economic abuse perpetrated against the debtor.
new text end

new text begin (b) Coerced debt does not include secured debt.
new text end

new text begin Subd. 3. new text end

new text begin Creditor. new text end

new text begin "Creditor" means a person, or the person's successor, assignee, or
agent, claiming to own or have the right to collect a debt owed by the debtor.
new text end

new text begin Subd. 4. new text end

new text begin Debtor. new text end

new text begin "Debtor" means a person who (1) is a victim of domestic abuse,
harassment, or sex or labor trafficking, and (2) owes coerced debt.
new text end

new text begin Subd. 5. new text end

new text begin Documentation. new text end

new text begin "Documentation" means a writing that identifies a debt or a
portion of a debt as coerced debt, describes the circumstances under which the coerced debt
was incurred, and takes the form of:
new text end

new text begin (1) a police report;
new text end

new text begin (2) a Federal Trade Commission identity theft report;
new text end

new text begin (3) an order in a dissolution proceeding under chapter 518 that declares that one or more
debts are coerced; or
new text end

new text begin (4) a sworn written certification.
new text end

new text begin Subd. 6. new text end

new text begin Domestic abuse. new text end

new text begin "Domestic abuse" has the meaning given in section 518B.01,
subdivision 2.
new text end

new text begin Subd. 7. new text end

new text begin Economic abuse. new text end

new text begin "Economic abuse" means behavior in the context of a domestic
relationship that controls, restrains, restricts, impairs, or interferes with the ability of a victim
of domestic abuse, harassment, or sex or labor trafficking to acquire, use, or maintain
economic resources, including but not limited to:
new text end

new text begin (1) withholding or restricting access to, or the acquisition of, money, assets, credit, or
financial information;
new text end

new text begin (2) interfering with the victim's ability to work and earn wages; or
new text end

new text begin (3) exerting undue influence over a person's financial and economic behavior or decisions.
new text end

new text begin Subd. 8. new text end

new text begin Harassment. new text end

new text begin "Harassment" has the meaning given in section 609.748.
new text end

new text begin Subd. 9. new text end

new text begin Labor trafficking. new text end

new text begin "Labor trafficking" has the meaning given in section 609.281,
subdivision 5.
new text end

new text begin Subd. 10. new text end

new text begin Qualified third-party professional. new text end

new text begin "Qualified third-party professional"
means:
new text end

new text begin (1) a domestic abuse advocate, as defined under section 595.02, subdivision 1, paragraph
(l);
new text end

new text begin (2) a sexual assault counselor, as defined under section 595.02, subdivision 1, paragraph
(k);
new text end

new text begin (3) a licensed health care provider, mental health care provider, social worker, or marriage
and family therapist; or
new text end

new text begin (4) a nonprofit organization in Minnesota that provides direct assistance to victims of
domestic abuse, sexual assault, or sex or labor trafficking.
new text end

new text begin Subd. 11. new text end

new text begin Sex trafficking. new text end

new text begin "Sex trafficking" has the meaning given in section 609.321,
subdivision 7a.
new text end

new text begin Subd. 12. new text end

new text begin Sworn written certification. new text end

new text begin "Sworn written certification" means a statement
by a qualified third-party professional in the following form:
new text end

new text begin CERTIFICATION OF QUALIFIED THIRD-PARTY PROFESSIONAL
new text end

new text begin I, .................... (name of qualified third-party professional), do hereby certify under
penalty of perjury as follows:
new text end

new text begin 1. I am a licensed health care provider, mental health care provider, social worker,
marriage and family therapist, domestic abuse advocate, as that term is defined in Minnesota
Statutes, section 595.02, subdivision 1, paragraph (l), or sexual assault counselor, as that
term is defined in Minnesota Statutes, section 595.02, subdivision 1, paragraph (k), or a
staff member of a nonprofit organization that provides direct assistance to victims of domestic
abuse, sexual assault, or sex or labor trafficking, who has had in-person contact or
face-to-face contact through an electronic medium with .................... (name of debtor).
new text end

new text begin 2. Based on my professional interactions with the debtor and information presented to
me in my professional capacity, I have a reasonable basis to believe .................... (name of
debtor) is a victim of domestic abuse, harassment, sex trafficking or labor trafficking and
has incurred all or a portion of debt that is coerced debt, as that term is defined in Minnesota
Statutes, section 332.71, subdivision 2.
new text end

new text begin 3. Based on my professional interactions with the debtor and on information presented
to me, I have reason to believe that the circumstances under which the coerced debt was
incurred are as follows:
new text end

new text begin 4. The following debts or portions of the debts have been identified to me as coerced:
new text end

new text begin I attest that the foregoing is true and correct.
new text end

new text begin (Printed name of qualified third party)
new text end

new text begin (Signature of qualified third party)
new text end

new text begin (Business address and business telephone)
new text end

new text begin (Date)
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2024, and applies to all debts
incurred on or after that date.
new text end

Sec. 45.

new text begin [332.72] COERCED DEBT PROHIBITED.
new text end

new text begin A person is prohibited from causing another person to incur coerced debt.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2024, and applies to all debts
incurred on or after that date.
new text end

Sec. 46.

new text begin [332.73] NOTICE TO CREDITOR OF COERCED DEBT.
new text end

new text begin Subdivision 1. new text end

new text begin Notification. new text end

new text begin (a) Before taking an affirmative action under section 332.74,
a debtor must, by certified mail, notify a creditor that the debt or a portion of a debt on
which the creditor demands payment is coerced debt and request that the creditor cease all
collection activity on the coerced debt. The notification and request must be in writing and
include documentation. The creditor, within 30 days of the date the notification and request
is received, must notify the debtor in writing of the creditor's decision to either immediately
cease all collection activity or continue to pursue collection.
new text end

new text begin (b) If a creditor ceases collection but subsequently decides to resume collection activity,
the creditor must notify the debtor ten days prior to the date the collection activity resumes.
new text end

new text begin (c) A debtor must not proceed with an action under section 332.74 until the 30-day
period provided under paragraph (a) has expired.
new text end

new text begin Subd. 2. new text end

new text begin Sale or assignment of coerced debt. new text end

new text begin A creditor may sell or assign a debt for
which the creditor has been notified is coerced debt to another party if the creditor selling
or assigning the debt includes notification to the buyer or assignee that the debtor has asserted
the debt is coerced debt.
new text end

new text begin Subd. 3. new text end

new text begin No inference upon cessation of collection activity. new text end

new text begin The fact that a creditor
ceases collection activity under this section or section 332.74 does not create an inference
or presumption regarding the validity or invalidity of a debt for which a debtor is liable or
not liable. The exercise or nonexercise of rights under this section is not a waiver of any
other debtor or creditor rights or defenses.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2024, and applies to all debts
incurred on or after that date.
new text end

Sec. 47.

new text begin [332.74] DEBTOR REMEDIES.
new text end

new text begin Subdivision 1. new text end

new text begin Right to petition for declaration and injunction. new text end

new text begin A debtor alleging
violation of section 332.72 may petition for equitable relief in the district court in the county
where the debtor lives or where the coerced debt was incurred. The petition must include:
new text end

new text begin (1) the notice to the creditor required under section 332.73, subdivision 1;
new text end

new text begin (2) consistent with Rule 11 of the Minnesota Rules of General Practice, information
identifying (i) the account or accounts associated with the coerced debt, and (ii) the person
in whose name the debt was incurred; and
new text end

new text begin (3) the identity and, if known, contact information of the person who caused the debtor
to incur coerced debt, unless the debtor signs a sworn statement that disclosing the
information is likely to result in domestic abuse or other harm to the debtor, the debtor's
children, parents, other relatives, or a family pet.
new text end

new text begin Subd. 2. new text end

new text begin Procedural safeguards. new text end

new text begin The court must take appropriate steps necessary to
prevent abuse of the debtor or to the debtor, the debtor's children, parents, other relatives,
or a family pet. For purposes of this subdivision, appropriate steps include but are not limited
to sealing the file, marking the file as confidential, redacting personally identifiable
information about the debtor, and directing that any deposition or evidentiary hearing be
conducted remotely.
new text end

new text begin Subd. 3. new text end

new text begin Relief. new text end

new text begin (a) If a debtor shows by a preponderance of the evidence that the debtor
has been aggrieved by a violation of section 332.72 and the debtor has incurred coerced
debt, the debtor is entitled to one or more of the following:
new text end

new text begin (1) a declaratory judgment that the debt or portion of a debt is coerced debt;
new text end

new text begin (2) an injunction prohibiting the creditor from (i) holding or attempting to hold the debtor
liable for the debt or portion of a debt, or (ii) enforcing a judgment related to the coerced
debt; and
new text end

new text begin (3) an order dismissing any cause of action brought by the creditor to enforce or collect
the coerced debt from the debtor or, if only a portion of the debt is established as coerced
debt, an order directing that the judgment, if any, in the action be amended to reflect only
the portion of the debt that is not coerced debt.
new text end

new text begin (b) If the court orders relief for the debtor under paragraph (a), the court, after the
creditor's motion has been served by United States mail to the last known address of the
person who violated section 332.72, shall issue a judgment in favor of the creditor against
the person in the amount of the debt or a portion thereof.
new text end

new text begin (c) This subdivision applies regardless of the judicial district in which the creditor's
action or the debtor's petition was filed.
new text end

new text begin Subd. 4. new text end

new text begin Affirmative defense. new text end

new text begin In an action against a debtor to satisfy a debt, it is an
affirmative defense that the debtor incurred coerced debt.
new text end

new text begin Subd. 5. new text end

new text begin Burden. new text end

new text begin In any affirmative action taken under subdivision 1 or any affirmative
defense asserted in subdivision 4, the debtor bears the burden to show by a preponderance
of the evidence that the debtor incurred coerced debt. There is a presumption that the debtor
has incurred coerced debt if the person alleged to have caused the debtor to incur the coerced
debt has been criminally convicted, entered a guilty plea, or entered an Alford plea under
section 609.27, 609.282, 609.322, or 609.527.
new text end

new text begin Subd. 6. new text end

new text begin Statute of limitations tolled. new text end

new text begin (a) The statute of limitations under section 541.05
is tolled during the pendency of a proceeding instituted under this section.
new text end

new text begin (b) A creditor is prohibited from filing a collection action regarding a debt that is the
subject of a proceeding instituted under this section while the proceeding is pending.
new text end

new text begin (c) If a debtor commences a proceeding under this section while a collection action is
pending against the debtor regarding a debt that is subject to the proceeding, the court must
immediately stay the collection action pending the disposition of the proceeding under this
section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2024, and applies to all debts
incurred on or after that date.
new text end

Sec. 48.

new text begin [332.75] CREDITOR REMEDIES.
new text end

new text begin Nothing in sections 332.71 to 332.74 diminishes the rights of a creditor to seek payment
recovery for a coerced debt from the person who caused the debtor to incur the coerced
debt.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2024, and applies to all debts
incurred on or after that date.
new text end

Sec. 49. new text begin UNAUDITED FINANCIAL STATEMENTS; RULEMAKING.
new text end

new text begin The commissioner of commerce shall amend Minnesota Rules, part 2876.3021, subpart
2, to remove the prohibition on use of unaudited financial statements if the aggregate amount
of all previous sales of securities by the applicant, exclusive of debt financing with banks
and similar commercial lenders, exceeds $1,000,000. The commissioner of commerce may
use the good cause exemption under Minnesota Statutes, section 14.388, subdivision 1,
clause (3), to amend the rule under this section, and Minnesota Statutes, section 14.386,
does not apply except as provided under Minnesota Statutes, section 14.388.
new text end

Sec. 50. new text begin AUTOMOTIVE SELF-INSURANCE; RULES AMENDMENT; EXPEDITED
RULEMAKING.
new text end

new text begin Subdivision 1. new text end

new text begin Self-insurance working capital condition. new text end

new text begin The commissioner of
commerce must amend Minnesota Rules, part 2770.6500, subpart 2, item B, subitem (5),
to require the commissioner's grant of self-insurance authority to an applicant to be based
on the applicant's net working capital in lieu of the applicant's net funds flow.
new text end

new text begin Subd. 2. new text end

new text begin Commissioner discretion to grant self-insurance authority. new text end

new text begin The commissioner
of commerce must amend Minnesota Rules, part 2770.6500, subpart 2, item D, to,
notwithstanding any other provision of Minnesota Rules, part 2770.6500, permit the
commissioner to grant self-insurance authority to an applicant that is not a political
subdivision and that has not had positive net income or positive working capital in at least
three years of the last five-year period if the applicant's working capital, debt structure,
profitability, and overall financial integrity of the applicant and its parent company, if one
exists, demonstrate a continuing ability of the applicant to satisfy any financial obligations
that have been and might be incurred under the no-fault act.
new text end

new text begin Subd. 3. new text end

new text begin Working capital. new text end

new text begin The commissioner of commerce must define working capital
for the purposes of Minnesota Rules, part 2770.6500.
new text end

new text begin Subd. 4. new text end

new text begin Commissioner discretion to revoke self-insurance authority. new text end

new text begin The
commissioner of commerce must amend Minnesota Rules, part 2770.7300, to permit, in
lieu of require, the commissioner to revoke a self-insurer's authorization to self-insure based
on the commissioner's determinations under Minnesota Rules, part 2770.7300, items A and
B.
new text end

new text begin Subd. 5. new text end

new text begin Expedited rulemaking authorized. new text end

new text begin The commissioner of commerce may use
the expedited rulemaking process under Minnesota Statutes, section 14.389, to amend rules
under this section.
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. 51. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2022, section 48.10, new text end new text begin is repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: S2219-2

48.10 ANNUAL AUDIT; REPORT.

The board of directors of a bank, bank and trust, or trust company shall annually examine its books, either in person, or by appointing an examining committee, or an auditor, who may be an independent auditor or accountant. The examining committee or auditor shall be solely responsible to the directors. A report shall be made to the directors as to the scope of the examination or audit, and also to show those assets, excluding marketable securities and fixed assets, which are carried on the books for more than actual value. This report shall be retained as a permanent record or incorporated in the minutes of the meeting.