language to be deleted (2) new language
CHAPTER 385-S.F.No. 1750 An act relating to commerce; expanding the scope of department enforcement authority to include additional areas over which it has responsibility; amending Minnesota Statutes 1992, section 45.027, subdivision 7; and Minnesota Statutes 1993 Supplement, section 45.011, subdivisions 1 and 4. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: Section 1. Minnesota Statutes 1993 Supplement, section 45.011, subdivision 1, is amended to read: Subdivision 1. [SCOPE.] As used in chapters 45 to 83, 155A, 309, 332, and 359, and sections 326.83 to 326.98, and 386.61 to 386.78, unless the context indicates otherwise, the terms defined in this section have the meanings given them. Sec. 2. Minnesota Statutes 1993 Supplement, section 45.011, subdivision 4, is amended to read: Subd. 4. [DUTIES AND RESPONSIBILITIES ENTRUSTED TO THE COMMISSIONER.] "Duties and responsibilities entrusted to the commissioner" includes the administration of those chapters referred to in subdivision 1 and chapter 115C, as well as rules adopted or orders issued under those chapters. Sec. 3. Minnesota Statutes 1992, section 45.027, subdivision 7, is amended to read: Subd. 7. [ACTIONS AGAINST LICENSEES.] In addition to any other actions authorized by this section, the commissioner may, by order, deny, suspend, or revoke the authority or license of a
person subject to chapters 45 to 83, 155A, 309, or 332, or sections 326.83 to 326.98person subject to the duties and responsibilities entrusted to the commissioner, as described under section 45.011, subdivision 4, or censure that person if the commissioner finds that: (1) the order is in the public interest; and (2) the person has violated chapters 45 to 83, 155A, 309, or 332, or sections 326.83 to 326.98 orany law, rule adopted, or order issued under those chaptersrelated to the duties and responsibilities entrusted to the commissioner; or (3) the person has provided false, misleading, or incomplete information to the commissioner or has refused to allow a reasonable inspection of records or premises. Except for information classified as confidential under sections 60A.03, subdivision 9; 60A.031; 60A.93; and 60D.22, the commissioner may make any data otherwise classified as private or confidential pursuant to this section accessible to an appropriate person or agency if the commissioner determines that the access will aid the law enforcement process, promote public health or safety, or dispel widespread rumor or unrest. If the commissioner determines that private or confidential information should be disclosed, the commissioner shall notify the attorney general as to the information to be disclosed, the purpose of the disclosure, and the need for the disclosure. The attorney general shall review the commissioner's determination. If the attorney general believes that the commissioner's determination does not satisfy the purpose and intent of this provision, the attorney general shall advise the commissioner in writing that the information may not be disclosed. If the attorney general believes the commissioner's determination satisfies the purpose and intent of this provision, the attorney general shall advise the commissioner in writing, accordingly. After disclosing information pursuant to this provision, the commissioner shall advise the chairs of the senate and house of representatives judiciary committees of the disclosure and the basis for it. Sec. 4. [EFFECTIVE DATE.] Sections 1 to 3 are effective the day following final enactment. Presented to the governor March 28, 1994 Signed by the governor March 31, 1994, 9:17 a.m.