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Minnesota Legislature

Office of the Revisor of Statutes

Key: (1) 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 326.98 person 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 or any law, rule adopted, 
        or order issued under those chapters related 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.