1.1 .................... moves to amend H. F. No. 1392 as follows:
1.2Delete everything after the enacting clause and insert:
1.5
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Section 1. SUMMARY OF APPROPRIATIONS.
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1.6 The amounts shown in this section summarize direct appropriations, by fund, made
1.7in this article.
1.8
|
|
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2008
|
|
2009
|
|
Total
|
1.9
|
General
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$
|
51,752,000
|
$
|
33,518,000
|
$
|
85,270,000
|
1.10
|
Petroleum Tank Cleanup
|
|
1,084,000
|
|
1,084,000
|
|
2,168,000
|
1.11
|
Workers' Compensation
|
|
835,000
|
|
835,000
|
|
1,670,000
|
1.12
|
Special Revenue
|
|
5,600,000
|
|
4,600,000
|
|
10,200,000
|
1.13
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Total
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$
|
59,271,000
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$
|
40,037,000
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$
|
99,308,000
|
1.14
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Sec. 2. ENERGY FINANCE APPROPRIATIONS.
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1.15 The sums shown in the columns marked "Appropriations" are appropriated to the
1.16agencies and for the purposes specified in this article. The appropriations are from the
1.17general fund, or another named fund, and are available for the fiscal years indicated
1.18for each purpose. The figures "2008" and "2009" used in this article mean that the
1.19appropriations listed under them are available for the fiscal year ending June 30, 2008, or
1.20June 30, 2009, respectively. "The first year" is fiscal year 2008. "The second year" is fiscal
1.21year 2009. "The biennium" is fiscal years 2008 and 2009. Appropriations for the fiscal
1.22year ending June 30, 2007, are effective the day following final enactment.
1.23
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APPROPRIATIONS
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1.24
|
|
|
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Available for the Year
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1.25
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|
|
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Ending June 30
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1.26
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|
|
|
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2008
|
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2009
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1.27
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Sec. 3. DEPARTMENT OF COMMERCE.
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|
|
|
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2.1
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Subdivision 1.Total Appropriation
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$
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51,721,000
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$
|
33,695,000
|
2.2
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Appropriations by Fund
|
2.3
|
|
2008
|
2009
|
2.4
|
General
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44,202,000
|
27,176,000
|
2.5
|
Petroleum Cleanup
|
1,084,000
|
1,084,000
|
2.6
2.7
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Workers'
Compensation
|
835,000
|
835,000
|
2.8
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Special Revenue
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5,600,000
|
4,600,000
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2.9The amounts that may be spent for each
2.10purpose are specified in the following
2.11subdivisions.
2.12
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Subd. 2.Financial Examinations
|
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6,432,000
|
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6,519,000
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2.13
2.14
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Subd. 3.Petroleum Tank Release Cleanup
Board
|
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1,084,000
|
|
1,084,000
|
2.15This appropriation is from the petroleum
2.16tank release cleanup fund.
2.17
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Subd. 4.Administrative Services
|
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4,477,000
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4,540,000
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2.18
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Subd. 5.Market Assurance
|
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6,902,000
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6,999,000
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2.19
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Appropriations by Fund
|
2.20
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General
|
6,067,000
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6,164,000
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2.21
2.22
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Workers'
Compensation
|
835,000
|
835,000
|
2.23
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Subd. 6.Energy and Telecommunications
|
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32,726,000
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14,453,000
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2.24
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Appropriations by Fund
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2.25
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General
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27,226,000
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9,953,000
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2.26
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Special Revenue
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5,600,000
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4,600,000
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2.27$2,000,000 the first year and $2,000,000 the
2.28second year are for E85 cost-share grants.
2.29Notwithstanding Minnesota Statutes, section
2.3016A.28, this appropriation is available
2.31until expended. The base appropriation for
2.32these grants is $2,000,000 each year in the
2.332010-2011 biennium. Funding for these
2.34grants ends June 30, 2011.
3.1The utility subject to Minnesota Statutes,
3.2section 116C.779, shall transfer $2,500,000
3.3in fiscal year 2008 and $2,500,000 in fiscal
3.4year 2009 to the Department of Commerce
3.5on a schedule to be determined by the
3.6commissioner of commerce. The funds must
3.7be deposited in the special revenue fund
3.8and are appropriated to the commissioner
3.9for grants to promote renewable energy
3.10projects and community energy outreach and
3.11assistance. Of the amounts identified:
3.12(1) $500,000 each year for capital grants for
3.13on-farm biogas recovery facilities; eligible
3.14projects will be selected in coordination
3.15with the Department of Agriculture and the
3.16Pollution Control Agency;
3.17(2) $500,000 each year to provide financial
3.18rebates to new solar electricity projects;
3.19(3) $500,000 each year for continued funding
3.20of community energy technical assistance
3.21and outreach on renewable energy and
3.22energy efficiency; and
3.23(4) $1,000,000 each year for technical
3.24analysis and demonstration funding for
3.25automotive technology projects, with a
3.26special focus on plug-in hybrid electric
3.27vehicles.
3.28The utility subject to Minnesota Statutes,
3.29section 116C.779, shall transfer $3,000,000
3.30in fiscal year 2008 and $2,000,000 in fiscal
3.31year 2009 to the Department of Commerce
3.32on a schedule to be determined by the
3.33commissioner of commerce. The funds must
3.34be deposited in the special revenue fund and
3.35are appropriated to the commissioner for
4.1grants to provide competitive, cost-share
4.2grants to fund renewable energy research in
4.3Minnesota. These grants must be awarded
4.4by a three-member panel made up of the
4.5commissioners of commerce, pollution
4.6control, and agriculture, or their designees.
4.7Grant applications must be ranked and grants
4.8issued according to how well the applications
4.9meet state energy policy research goals
4.10established by the commissioners, the quality
4.11and experience of the research teams, the
4.12cross-interdisciplinary and cross-institutional
4.13nature of the research teams, and the ability
4.14of the research team to leverage nonstate
4.15funds.
4.16$3,000,000 the second year is for a grant to
4.17the Board of Regents of the University of
4.18Minnesota for the Initiative for Renewable
4.19Energy and the Environment. The grant
4.20is for the purposes set forth in Minnesota
4.21Statutes, section 216B.241, subdivision 6.
4.22The appropriation is available until spent.
4.23The base budget for this grant to the Board
4.24of Regents of the University of Minnesota
4.25for the Initiative for Renewable Energy and
4.26the Environment is $5,000,000 each year in
4.27the 2010-2011 fiscal biennium.
4.28$10,000,000 the first year is for the renewable
4.29hydrogen initiative in Minnesota Statutes,
4.30section 216B.813, to fund the competitive
4.31grant program included in that section. The
4.32commissioner may use up to two percent of
4.33the competitive grant program appropriation
4.34for grant administration and to develop and
4.35implement the renewable hydrogen road
5.1map. This is a onetime appropriation and is
5.2available until expended.
5.3$3,250,000 the first year is for deposit in the
5.4rural wind energy development revolving
5.5loan fund under Minnesota Statutes, section
5.6216C.39. This appropriation does not cancel.
5.7This is a onetime appropriation.
5.8$1,000,000 the first year and $1,000,000 the
5.9second year are for a grant to the Center for
5.10Rural Policy and Development for the rural
5.11wind energy development program in article
5.123. This is a onetime appropriation and is
5.13available until expended.
5.14$50,000 the first year is a onetime
5.15appropriation for a comprehensive technical,
5.16economic, and environmental analysis of the
5.17benefits to be derived from greater use in this
5.18state of geothermal heat pump systems for
5.19heating and cooling air and heating water.
5.20The analysis must:
5.21(1) estimate the extent of geothermal heat
5.22pump systems currently installed in this state
5.23in residential, commercial, and institutional
5.24buildings;
5.25(2) estimate energy and economic savings of
5.26geothermal heat pump systems in comparison
5.27with fossil fuel-based heating and cooling
5.28systems, including electricity use, on a
5.29capital cost and life-cycle cost basis, for both
5.30newly constructed and retrofitted residential,
5.31commercial, and institutional buildings;
5.32(3) compare the emission of pollutants and
5.33greenhouse gases from geothermal heat
5.34pump systems and fossil fuel-based heating
5.35and cooling systems;
6.1(4) identify financial assistance available
6.2from state and federal sources and Minnesota
6.3utilities to defray the costs of installing
6.4geothermal heat pump systems;
6.5(5) identify Minnesota firms currently
6.6manufacturing or installing the physical
6.7components of geothermal heat pump
6.8systems and estimate the economic
6.9development potential in this state if demand
6.10for such systems increases significantly;
6.11(6) identify the barriers to more widespread
6.12adoption of geothermal heat pump systems in
6.13this state and suggest strategies to overcome
6.14those barriers; and
6.15(7) make recommendations for legislative
6.16action.
6.17Not later than March 15, 2008, the
6.18commissioner shall submit the results of the
6.19analysis in a report to the chairs of the senate
6.20and house of representatives committees
6.21with primary jurisdiction over energy policy.
6.22$45,000 the first year is a onetime
6.23appropriation for a grant to Linden Hills
6.24Power and Light for preliminary engineering
6.25design work and other technical and legal
6.26services required for a community digester
6.27and neighborhood district heating and
6.28cooling system demonstration project in the
6.29Linden Hills neighborhood of Minneapolis.
6.30Funds may be expended upon a determination
6.31by the commissioner of commerce that the
6.32project is technically and economically
6.33feasible. A portion of the appropriation
6.34may be used to expand the scope of the
6.35project feasibility study to include portions
7.1of adjacent communities including St. Louis
7.2Park and Edina.
7.3$3,000,000 the first year is for the purpose
7.4of the propane prepurchase program under
7.5Minnesota Statutes, section 216B.0951. This
7.6is a onetime appropriation and is available
7.7for the biennium.
7.8$4,000,000 the first year is for a onetime
7.9grant to the St. Paul Port Authority for
7.10environmental review and permitting,
7.11preliminary engineering, and development of
7.12a steam-producing facility to be located in
7.13St. Paul using fuels consistent with eligible
7.14energy technologies as defined in Minnesota
7.15Statutes, section 216B.1691.
7.16
7.17
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Subd. 7.Telecommunications Access
Minnesota
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100,000
|
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100,000
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7.18$100,000 the first year and $100,000
7.19the second year are appropriated to the
7.20commissioner of commerce for transfer
7.21to the commissioner of human services to
7.22supplement the ongoing operational expenses
7.23of the Minnesota Commission Serving
7.24Deaf and Hard-of-Hearing People. This
7.25appropriation is from the telecommunication
7.26access Minnesota fund, and is added to the
7.27commission's base.
7.28
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Sec. 4. PUBLIC UTILITIES COMMISSION
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$
|
5,315,000
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$
|
5,342,000
|
7.29
7.30
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Sec. 5. DEPARTMENT OF NATURAL
RESOURCES
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$
|
535,000
|
$
|
0
|
7.31$475,000 the first year is a onetime
7.32appropriation for terrestrial and geologic
7.33carbon sequestration reports and studies in
7.34article 4. Of this amount, the commissioner
7.35shall make payments of $385,000 to the
8.1Board of Regents of the University of
8.2Minnesota for the purposes of terrestrial
8.3carbon sequestration activities, and $90,000
8.4to the Minnesota Geological Survey for the
8.5purposes of geologic carbon sequestration
8.6assessment.
8.7$60,000 the first year is a onetime
8.8appropriation to the commissioner of natural
8.9resources to conduct a feasibility study
8.10in conjunction with U.S. Army Corps of
8.11Engineers on the foundation and hydraulics
8.12of the Rapidan Dam in Blue Earth County.
8.13This appropriation must be equally matched
8.14by Blue Earth County, and is available until
8.15expended.
8.16
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Sec. 6. POLLUTION CONTROL AGENCY
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$
|
700,000
|
$
|
0
|
8.17$400,000 the first year is a onetime
8.18appropriation for a grant to the Koochiching
8.19Economic Development Authority for
8.20a feasibility study for a plasma torch
8.21gasification facility that converts municipal
8.22solid waste into energy and slag.
8.23$300,000 the first year is for the biomass
8.24gasification facilities air emissions study for
8.25the purpose of fully characterizing the air
8.26emissions exerted from biomass gasification
8.27facilities across a range of feedstocks. This
8.28is a onetime appropriation.
8.29
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Sec. 7. DEPARTMENT OF HEALTH
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$
|
1,000,000
|
$
|
1,000,000
|
8.30$1,000,000 the first year and $1,000,000
8.31the second year are appropriated to the
8.32commissioner of health for grants for lead
8.33screening and lead cleanup. This is a onetime
8.34appropriation.
9.3 Section 1. Minnesota Statutes 2006, section 13.712, is amended by adding a
9.4subdivision to read:
9.5 Subd. 3. Vehicle protection product warrantors. Financial information provided
9.6to the commissioner of commerce by vehicle protection product warrantors is classified
9.7under section 59C.05, subdivision 3.
9.8EFFECTIVE DATE.This section is effective January 1, 2008.
9.9 Sec. 2. Minnesota Statutes 2006, section 45.011, subdivision 1, is amended to read:
9.10 Subdivision 1.
Scope. As used in chapters 45 to 83, 155A, 332,
332A, 345, and
9.11359, and sections
325D.30 to
325D.42,
326.83 to
326.991, and
386.61 to
386.78, unless
9.12the context indicates otherwise, the terms defined in this section have the meanings given
9.13them.
9.14EFFECTIVE DATE.This section is effective January 1, 2008.
9.15 Sec. 3.
[45.24] LICENSE TECHNOLOGY FEES.
9.16 (a) The commissioner may establish and maintain an electronic licensing database
9.17system for license origination, renewal, and tracking the completion of continuing
9.18education requirements by individual licensees who have continuing education
9.19requirements, and other related purposes.
9.20 (b) The commissioner shall pay for the cost of operating and maintaining the
9.21electronic database system described in paragraph (a) through a technology surcharge
9.22imposed upon the fee for license origination and renewal, for individual licenses that
9.23require continuing education.
9.24 (c) The surcharge permitted under paragraph (b) shall be up to $40 for each two-year
9.25licensing period, except as otherwise provided in paragraph (f), and shall be payable at the
9.26time of license origination and renewal.
9.27 (d) The Commerce Department technology account is hereby created as an account
9.28in the special revenue fund.
9.29 (e) The commissioner shall deposit the surcharge permitted under this section in
9.30the account created in paragraph (d), and funds in the account are appropriated to the
9.31commissioner in the amounts needed for purposes of this section.
9.32 (f) The commissioner shall temporarily reduce or suspend the surcharge as necessary
9.33if the balance in the account created in paragraph (d) exceeds $2,000,000 as of the end of
9.34any calendar year and shall increase or decrease the surcharge as necessary to keep the
9.35fund balance at an adequate level but not in excess of $2,000,000.
10.1EFFECTIVE DATE.This section is effective the day following final enactment.
10.2 Sec. 4. Minnesota Statutes 2006, section 46.04, subdivision 1, is amended to read:
10.3 Subdivision 1.
General. The commissioner of commerce, referred to in chapters
10.446 to 59A, and
sections
332.12 to
332.29 chapter 332A, as the commissioner, is vested
10.5with all the powers, authority, and privileges which, prior to the enactment of Laws 1909,
10.6chapter 201, were conferred by law upon the public examiner, and shall take over all
10.7duties in relation to state banks, savings banks, trust companies, savings associations, and
10.8other financial institutions within the state which, prior to the enactment of chapter 201,
10.9were imposed upon the public examiner. The commissioner of commerce shall exercise
10.10a constant supervision, either personally or through the examiners herein provided for,
10.11over the books and affairs of all state banks, savings banks, trust companies, savings
10.12associations, credit unions, industrial loan and thrift companies, and other financial
10.13institutions doing business within this state; and shall, through examiners, examine each
10.14financial institution at least once every 24 calendar months. In satisfying this examination
10.15requirement, the commissioner may accept reports of examination prepared by a federal
10.16agency having comparable supervisory powers and examination procedures. With the
10.17exception of industrial loan and thrift companies which do not have deposit liabilities
10.18and licensed regulated lenders, it shall be the principal purpose of these examinations to
10.19inspect and verify the assets and liabilities of each and so far investigate the character
10.20and value of the assets of each institution as to determine with reasonable certainty that
10.21the values are correctly carried on its books. Assets and liabilities shall be verified in
10.22accordance with methods of procedure which the commissioner may determine to be
10.23adequate to carry out the intentions of this section. It shall be the further purpose of
10.24these examinations to assess the adequacy of capital protection and the capacity of the
10.25institution to meet usual and reasonably anticipated deposit withdrawals and other cash
10.26commitments without resorting to excessive borrowing or sale of assets at a significant
10.27loss, and to investigate each institution's compliance with applicable laws and rules. Based
10.28on the examination findings, the commissioner shall make a determination as to whether
10.29the institution is being operated in a safe and sound manner. None of the above provisions
10.30limits the commissioner in making additional examinations as deemed necessary or
10.31advisable. The commissioner shall investigate the methods of operation and conduct of
10.32these institutions and their systems of accounting, to ascertain whether these methods and
10.33systems are in accordance with law and sound banking principles. The commissioner may
10.34make requirements as to records as deemed necessary to facilitate the carrying out of the
10.35commissioner's duties and to properly protect the public interest. The commissioner may
10.36examine, or cause to be examined by these examiners, on oath, any officer, director,
11.1trustee, owner, agent, clerk, customer, or depositor of any financial institution touching
11.2the affairs and business thereof, and may issue, or cause to be issued by the examiners,
11.3subpoenas, and administer, or cause to be administered by the examiners, oaths. In
11.4case of any refusal to obey any subpoena issued under the commissioner's direction,
11.5the refusal may at once be reported to the district court of the district in which the bank
11.6or other financial institution is located, and this court shall enforce obedience to these
11.7subpoenas in the manner provided by law for enforcing obedience to subpoenas of the
11.8court. In all matters relating to official duties, the commissioner of commerce has the
11.9power possessed by courts of law to issue subpoenas and cause them to be served and
11.10enforced, and all officers, directors, trustees, and employees of state banks, savings banks,
11.11trust companies, savings associations, and other financial institutions within the state,
11.12and all persons having dealings with or knowledge of the affairs or methods of these
11.13institutions, shall afford reasonable facilities for these examinations, make returns and
11.14reports to the commissioner of commerce as the commissioner may require; attend and
11.15answer, under oath, the commissioner's lawful inquiries; produce and exhibit any books,
11.16accounts, documents, and property as the commissioner may desire to inspect, and in all
11.17things aid the commissioner in the performance of duties.
11.18EFFECTIVE DATE.This section is effective January 1, 2008.
11.19 Sec. 5. Minnesota Statutes 2006, section 46.05, is amended to read:
11.2046.05 SUPERVISION OVER FINANCIAL INSTITUTIONS.
11.21 Every state bank, savings bank, trust company, savings association,
debt
11.22management services provider, and other financial institutions shall be at all times under
11.23the supervision and subject to the control of the commissioner of commerce. If, and
11.24whenever in the performance of duties, the commissioner finds it necessary to make a
11.25special investigation of any financial institution under the commissioner's supervision,
11.26and other than a complete examination, the commissioner shall make a charge therefor to
11.27include only the necessary costs thereof. Such a fee shall be payable to the commissioner
11.28on the commissioner's making a request for payment.
11.29EFFECTIVE DATE.This section is effective January 1, 2008.
11.30 Sec. 6. Minnesota Statutes 2006, section 46.131, subdivision 2, is amended to read:
11.31 Subd. 2.
Assessment authority. Each bank, trust company, savings bank, savings
11.32association, regulated lender, industrial loan and thrift company, credit union, motor
11.33vehicle sales finance company, debt
prorating agency management services provider and
11.34insurance premium finance company organized under the laws of this state or required
12.1to be administered by the commissioner of commerce shall pay into the state treasury its
12.2proportionate share of the cost of maintaining the Department of Commerce.
12.3EFFECTIVE DATE.This section is effective January 1, 2008.
12.4 Sec. 7. Minnesota Statutes 2006, section 47.19, is amended to read:
12.547.19 CORPORATION MAY BE MEMBER OR STOCKHOLDER OF
12.6FEDERAL AGENCY.
12.7 Any corporation is hereby empowered and authorized to become a member of,
12.8or stockholder in, any such agency, and to that end to purchase stock in, or securities
12.9of, or deposit money with, such agency and/or to comply with any other conditions of
12.10membership or credit; to borrow money from such agency upon such rates of interest, not
12.11exceeding the contract rate of interest in this state, and upon such terms and conditions
12.12as may be agreed upon by such corporation and such agency, for the purpose of making
12.13loans, paying withdrawals, paying maturities, paying debts, and for any other purpose not
12.14inconsistent with the objects of the corporation; provided, that the aggregate amount of the
12.15indebtedness, so incurred by such corporation, which shall be outstanding at any time shall
12.16not exceed
25 35 percent of the then total assets of the corporation; to assign, pledge and
12.17hypothecate its bonds, mortgages or other assets; and, in case of savings associations, to
12.18repledge with such agency the shares of stock in such association which any owner thereof
12.19may have pledged as collateral security, without obtaining the consent thereunto of such
12.20owner, as security for the repayment of the indebtedness so created by such corporation
12.21and as evidenced by its note or other evidence of indebtedness given for such borrowed
12.22money; and to do any and all things which shall or may be necessary or convenient in
12.23order to comply with and to obtain the benefits of the provisions of any act of Congress
12.24creating such agency, or any amendments thereto.
12.25 Sec. 8. Minnesota Statutes 2006, section 47.59, subdivision 6, is amended to read:
12.26 Subd. 6.
Additional charges. (a) For purposes of this subdivision, "financial
12.27institution" includes a person described in subdivision 4, paragraph (a). In addition to the
12.28finance charges permitted by this section, a financial institution may contract for and
12.29receive the following additional charges that may be included in the principal amount
12.30of the loan or credit sale unpaid balances:
12.31 (1) official fees and taxes;
12.32 (2) charges for insurance as described in paragraph (b);
12.33 (3) with respect to a loan or credit sale contract secured by real estate, the following
12.34"closing costs," if they are bona fide, reasonable in amount, and not for the purpose of
12.35circumvention or evasion of this section:
13.1 (i) fees or premiums for title examination, abstract of title, title insurance, surveys,
13.2or similar purposes;
13.3 (ii) fees for preparation of a deed, mortgage, settlement statement, or other
13.4documents, if not paid to the financial institution;
13.5 (iii) escrows for future payments of taxes, including assessments for improvements,
13.6insurance, and water, sewer, and land rents;
13.7 (iv) fees for notarizing deeds and other documents;
13.8 (v) appraisal and credit report fees; and
13.9 (vi) fees for determining whether any portion of the property is located in a flood
13.10zone and fees for ongoing monitoring of the property to determine changes, if any,
13.11in flood zone status;
13.12 (4) a delinquency charge on a payment, including the minimum payment due in
13.13connection with open-end credit, not paid in full on or before the tenth day after its due
13.14date in an amount not to exceed five percent of the amount of the payment or $5.20,
13.15whichever is greater;
13.16 (5) for a returned check or returned automatic payment withdrawal request, an
13.17amount not in excess of the service charge limitation in section
604.113, except that, on
13.18a loan transaction that is a consumer small loan as defined in section 47.60, subdivision
13.191, paragraph (a), in which cash is advanced in exchange for a personal check, the civil
13.20penalty provisions of section 604.113, subdivision 2, paragraph (b), may not be demanded
13.21or assessed against the borrower
; and
13.22 (6) charges for other benefits, including insurance, conferred on the borrower that
13.23are of a type that is not for credit.
13.24 (b) An additional charge may be made for insurance written in connection with the
13.25loan or credit sale contract, which may be included in the principal amount of the loan or
13.26credit sale unpaid balances:
13.27 (1) with respect to insurance against loss of or damage to property, or against
13.28liability arising out of the ownership or use of property, if the financial institution furnishes
13.29a clear, conspicuous, and specific statement in writing to the borrower setting forth the
13.30cost of the insurance if obtained from or through the financial institution and stating that
13.31the borrower may choose the person through whom the insurance is to be obtained;
13.32 (2) with respect to credit insurance or mortgage insurance providing life, accident,
13.33health, or unemployment coverage, if the insurance coverage is not required by the
13.34financial institution, and this fact is clearly and conspicuously disclosed in writing to
13.35the borrower, and the borrower gives specific, dated, and separately signed affirmative
14.1written indication of the borrower's desire to do so after written disclosure to the borrower
14.2of the cost of the insurance; and
14.3 (3) with respect to the vendor's single interest insurance, but only (i) to the extent
14.4that the insurer has no right of subrogation against the borrower; and (ii) to the extent that
14.5the insurance does not duplicate the coverage of other insurance under which loss is
14.6payable to the financial institution as its interest may appear, against loss of or damage
14.7to property for which a separate charge is made to the borrower according to clause (1);
14.8and (iii) if a clear, conspicuous, and specific statement in writing is furnished by the
14.9financial institution to the borrower setting forth the cost of the insurance if obtained from
14.10or through the financial institution and stating that the borrower may choose the person
14.11through whom the insurance is to be obtained.
14.12 (c) In addition to the finance charges and other additional charges permitted by
14.13this section, a financial institution may contract for and receive the following additional
14.14charges in connection with open-end credit, which may be included in the principal
14.15amount of the loan or balance upon which the finance charge is computed:
14.16 (1) annual charges, not to exceed $50 per annum, payable in advance, for the
14.17privilege of opening and maintaining open-end credit;
14.18 (2) charges for the use of an automated teller machine;
14.19 (3) charges for any monthly or other periodic payment period in which the borrower
14.20has exceeded or, except for the financial institution's dishonor would have exceeded,
14.21the maximum approved credit limit, in an amount not in excess of the service charge
14.22permitted in section
604.113;
14.23 (4) charges for obtaining a cash advance in an amount not to exceed the service
14.24charge permitted in section
604.113; and
14.25 (5) charges for check and draft copies and for the replacement of lost or stolen
14.26credit cards.
14.27 (d) In addition to the finance charges and other additional charges permitted by this
14.28section, a financial institution may contract for and receive a onetime loan administrative
14.29fee not exceeding $25 in connection with closed-end credit, which may be included in the
14.30principal balance upon which the finance charge is computed. This paragraph applies only
14.31to closed-end credit in an original principal amount of $4,320 or less. The determination
14.32of an original principal amount must exclude the administrative fee contracted for and
14.33received according to this paragraph.
14.34 Sec. 9. Minnesota Statutes 2006, section 47.60, subdivision 2, is amended to read:
15.1 Subd. 2.
Authorization, terms, conditions, and prohibitions. (a) In lieu of the
15.2interest, finance charges, or fees in any other law, a consumer small loan lender may
15.3charge the following:
15.4 (1) on any amount up to and including $50, a charge of $5.50 may be added;
15.5 (2) on amounts in excess of $50, but not more than $100, a charge may be added
15.6equal to ten percent of the loan proceeds plus a $5 administrative fee;
15.7 (3) on amounts in excess of $100, but not more than $250, a charge may be
15.8added equal to seven percent of the loan proceeds with a minimum of $10 plus a $5
15.9administrative fee;
15.10 (4) for amounts in excess of $250 and not greater than the maximum in subdivision
15.111, paragraph (a), a charge may be added equal to six percent of the loan proceeds with a
15.12minimum of $17.50 plus a $5 administrative fee.
15.13 (b) The term of a loan made under this section shall be for no more than 30 calendar
15.14days.
15.15 (c) After maturity, the contract rate must not exceed
2.75 percent per month of the
15.16remaining loan proceeds after the maturity date calculated at a rate of 1/30 of the monthly
15.17rate in the contract for each calendar day the balance is outstanding.
15.18 (d) No insurance charges or other charges must be permitted to be charged, collected,
15.19or imposed on a consumer small loan except as authorized in this section.
15.20 (e) On a loan transaction in which cash is advanced in exchange for a personal
15.21check, a return check charge may be charged as authorized by section
604.113, subdivision
15.222
, paragraph (a).
The civil penalty provisions of section 604.113, subdivision 2, paragraph
15.23(b), may not be demanded or assessed against the borrower.
15.24 (f) A loan made under this section must not be repaid by the proceeds of another
15.25loan made under this section by the same lender or related interest. The proceeds from a
15.26loan made under this section must not be applied to another loan from the same lender or
15.27related interest. No loan to a single borrower made pursuant to this section shall be split or
15.28divided and no single borrower shall have outstanding more than one loan with the result
15.29of collecting a higher charge than permitted by this section or in an aggregate amount of
15.30principal exceed at any one time the maximum of $350.
15.31 Sec. 10. Minnesota Statutes 2006, section 47.62, subdivision 1, is amended to read:
15.32 Subdivision 1.
General authority. Any person may establish and maintain one
15.33or more electronic financial terminals. Any financial institution may provide for its
15.34customers the use of an electronic financial terminal by entering into an agreement with
15.35any person who has established and maintains one or more electronic financial terminals if
15.36that person authorizes use of the electronic financial terminal to all financial institutions
16.1on a nondiscriminatory basis pursuant to section
47.64.
Electronic financial terminals to
16.2be established and maintained in this state by financial institutions located in states other
16.3than Minnesota must file a notification to the commissioner as required in this section.
16.4The notification may be in the form lawfully required by the state regulator responsible
16.5for the examination and supervision of that financial institution. If there is no such
16.6requirement, then notification must be in the form required by this section for Minnesota
16.7financial institutions.
16.8 Sec. 11. Minnesota Statutes 2006, section 47.75, subdivision 1, is amended to read:
16.9 Subdivision 1.
Retirement, health savings, and medical savings accounts. (a) A
16.10commercial bank, savings bank, savings association, credit union, or industrial loan and
16.11thrift company may act as trustee or custodian:
16.12 (1) under the Federal Self-Employed Individual Tax Retirement Act of 1962, as
16.13amended;
16.14 (2) of a medical savings account under the Federal Health Insurance Portability and
16.15Accountability Act of 1996, as amended;
16.16 (3) of a health savings account under the Medicare Prescription Drug, Improvement,
16.17and Modernization Act of 2003, as amended; and
16.18 (4) under the Federal Employee Retirement Income Security Act of 1974, as
16.19amended.
16.20 (b) The trustee or custodian may accept the trust funds if the funds are invested
16.21only in savings accounts or time deposits in the commercial bank, savings bank, savings
16.22association, credit union, or industrial loan and thrift company
, except that health savings
16.23accounts may also be invested in transaction accounts. Health savings accounts invested in
16.24transaction accounts shall not be subject to the restrictions in section 48.512, subdivision
16.253. All funds held in the fiduciary capacity may be commingled by the financial institution
16.26in the conduct of its business, but individual records shall be maintained by the fiduciary
16.27for each participant and shall show in detail all transactions engaged under authority
16.28of this subdivision.
16.29EFFECTIVE DATE. This section is effective the day following final enactment.
16.30 Sec. 12. Minnesota Statutes 2006, section 48.15, subdivision 4, is amended to read:
16.31 Subd. 4.
Retirement, health savings, and medical savings accounts. (a) A state
16.32bank may act as trustee or custodian:
16.33 (1) of a self-employed retirement plan under the Federal Self-Employed Individual
16.34Tax Retirement Act of 1962, as amended;
17.1 (2) of a medical savings account under the Federal Health Insurance Portability and
17.2Accountability Act of 1996, as amended;
17.3 (3) of a health savings account under the Medicare Prescription Drug, Improvement,
17.4and Modernization Act of 2003, as amended; and
17.5 (4) of an individual retirement account under the Federal Employee Retirement
17.6Income Security Act of 1974, as amended, if the bank's duties as trustee or custodian are
17.7essentially ministerial or custodial in nature and the funds are invested only (i) in the
17.8bank's own savings or time deposits
, except that health savings accounts may also be
17.9invested in transaction accounts. Health savings accounts invested in transaction accounts
17.10shall not be subject to the restrictions in section 48.512, subdivision 3; or (ii) in any
17.11other assets at the direction of the customer if the bank does not exercise any investment
17.12discretion, invest the funds in collective investment funds administered by it, or provide
17.13any investment advice with respect to those account assets.
17.14 (b) Affiliated discount brokers may be utilized by the bank acting as trustee or
17.15custodian for self-directed IRAs, if specifically authorized and directed in appropriate
17.16documents. The relationship between the affiliated broker and the bank must be fully
17.17disclosed. Brokerage commissions to be charged to the IRA by the affiliated broker should
17.18be accurately disclosed. Provisions should be made for disclosure of any changes in
17.19commission rates prior to their becoming effective. The affiliated broker may not provide
17.20investment advice to the customer.
17.21 (c) All funds held in the fiduciary capacity may be commingled by the financial
17.22institution in the conduct of its business, but individual records shall be maintained by
17.23the fiduciary for each participant and shall show in detail all transactions engaged under
17.24authority of this subdivision.
17.25 (d) The authority granted by this section is in addition to, and not limited by, section
17.2647.75
.
17.27EFFECTIVE DATE. This section is effective the day following final enactment.
17.28 Sec. 13. Minnesota Statutes 2006, section 58.04, subdivision 1, is amended to read:
17.29 Subdivision 1.
Residential mortgage originator licensing requirements. (a)
17.30Beginning August 1, 1999, No person shall act as a residential mortgage originator, or
17.31make residential mortgage loans without first obtaining a license from the commissioner
17.32according to the licensing procedures provided in this chapter.
17.33 (b)
A licensee must be either a partnership, limited liability partnership, association,
17.34limited liability company, corporation, or other form of business organization, and must
17.35have and maintain at all times one of the following: approval as a mortgagee by either the
18.1federal Department of Housing and Urban Development or the Federal National Mortgage
18.2Association; a minimum net worth, net of intangibles, of at least $250,000; or a surety bond
18.3or irrevocable letter of credit in the amount of $100,000. Net worth, net of intangibles,
18.4must be calculated in accordance with generally accepted accounting principles.
18.5 (c) The following persons are exempt from the residential mortgage originator
18.6licensing requirements:
18.7 (1) an employee of one mortgage originator licensee or one person holding a
18.8certificate of exemption;
18.9 (2) a person licensed as a real estate broker under chapter 82 who is not licensed to
18.10another real estate broker;
18.11 (3) an individual real estate licensee who is licensed to a real estate broker as
18.12described in clause (2) if:
18.13 (i) the individual licensee acts only under the name, authority, and supervision of the
18.14broker to whom the licensee is licensed;
18.15 (ii) the broker to whom the licensee is licensed obtains a certificate of exemption
18.16according to section
58.05, subdivision 2;
18.17 (iii) the broker does not collect an advance fee for its residential mortgage-related
18.18activities; and
18.19 (iv) the residential mortgage origination activities are incidental to the real estate
18.20licensee's primary activities as a real estate broker or salesperson;
18.21 (4) an individual licensed as a property/casualty or life/health insurance agent under
18.22chapter 60K if:
18.23 (i) the insurance agent acts on behalf of only one residential mortgage originator,
18.24which is in compliance with chapter 58;
18.25 (ii) the insurance agent has entered into a written contract with the mortgage
18.26originator under the terms of which the mortgage originator agrees to accept responsibility
18.27for the insurance agent's residential mortgage-related activities;
18.28 (iii) the insurance agent obtains a certificate of exemption under section
58.05,
18.29subdivision 2
; and
18.30 (iv) the insurance agent does not collect an advance fee for the insurance agent's
18.31residential mortgage-related activities;
18.32 (5) (1) a person who is not in the business of making residential mortgage loans and
18.33who makes no more than three such loans, with its own funds, during any 12-month period;
18.34 (6) (2) a financial institution as defined in section
58.02, subdivision 10;
18.35 (7) (3) an agency of the federal government, or of a state or municipal government;
18.36 (8) (4) an employee or employer pension plan making loans only to its participants;
19.1 (9) (5) a person acting in a fiduciary capacity, such as a trustee or receiver, as a result
19.2of a specific order issued by a court of competent jurisdiction; or
19.3 (10) (6) a person exempted by order of the commissioner.
19.4 Sec. 14. Minnesota Statutes 2006, section 58.04, subdivision 2, is amended to read:
19.5 Subd. 2.
Residential mortgage servicer licensing requirements. (a)
Beginning
19.6August 1, 1999, No person shall engage in activities or practices that fall within the
19.7definition of "servicing a residential mortgage loan" under section
58.02, subdivision
19.822
, without first obtaining a license from the commissioner according to the licensing
19.9procedures provided in this chapter.
19.10 (b) The following persons are exempt from the residential mortgage servicer
19.11licensing requirements:
19.12 (1) a person licensed as a residential mortgage originator;
19.13 (2) an employee of one licensee or one person holding a certificate of exemption
19.14based on an exemption under this subdivision;
19.15 (3) (2) a person servicing loans made with
its the person's own funds, if no more
19.16than three such loans are made in any 12-month period;
19.17 (4) (3) a financial institution as defined in section
58.02, subdivision 10;
19.18 (5) (4) an agency of the federal government, or of a state or municipal government;
19.19 (6) (5) an employee or employer pension plan making loans only to its participants;
19.20 (7) (6) a person acting in a fiduciary capacity, such as a trustee or receiver, as a result
19.21of a specific order issued by a court of competent jurisdiction; or
19.22 (8) (7) a person exempted by order of the commissioner.
19.23 Sec. 15. Minnesota Statutes 2006, section 58.05, is amended to read:
19.2458.05 EXEMPTIONS FROM LICENSE.
19.25 Subdivision 1.
Exempt person. An exempt person as defined by section
58.04,
19.26subdivision 1
, paragraph
(b) (c), and subdivision 2, paragraph (b), is exempt from the
19.27licensing requirements of this chapter, but is subject to all other provisions of this chapter.
19.28 Subd. 3.
Certificate of exemption. A person must obtain a certificate of exemption
19.29from the commissioner to qualify as an exempt person under section
58.04, subdivision
19.301
, paragraph
(b) (c),
as a real estate broker under clause (2), an insurance agent under
19.31clause (4), a financial institution under clause
(6) (2), or by order of the commissioner
19.32under clause
(10) (6); or under section
58.04, subdivision 2, paragraph (b), as a financial
19.33institution under clause
(4) (3), or by order of the commissioner under clause
(8) (7).
19.34 Sec. 16. Minnesota Statutes 2006, section 58.06, subdivision 2, is amended to read:
20.1 Subd. 2.
Application contents. (a) The application must contain the name and
20.2complete business address or addresses of the license applicant.
If The license applicant
is
20.3must be a partnership, limited liability partnership, association, limited liability company,
20.4corporation, or other form of business organization,
and the application must contain the
20.5names and complete business addresses of each partner, member, director, and principal
20.6officer. The application must also include a description of the activities of the license
20.7applicant, in the detail and for the periods the commissioner may require.
20.8 (b) An applicant must submit one of the following:
20.9 (1) evidence which shows, to the commissioner's satisfaction, that either the federal
20.10Department of Housing and Urban Development or the Federal National Mortgage
20.11Association has approved the applicant as a mortgagee;
20.12 (2) a surety bond or irrevocable letter of credit in the amount of not less than
20.13$100,000 in a form approved by the commissioner, issued by an insurance company
20.14or bank authorized to do so in this state. The bond or irrevocable letter of credit must
20.15be available for the recovery of expenses, fines, and fees levied by the commissioner
20.16under this chapter and for losses incurred by borrowers. The bond or letter of credit must
20.17be submitted with the license application, and evidence of continued coverage must be
20.18submitted with each renewal. Any change in the bond or letter of credit must be submitted
20.19for approval by the commissioner within ten days of its execution; or
20.20 (3) a copy of the applicant's most recent audited financial statement, including
20.21balance sheet, statement of income or loss, statements of changes in shareholder equity,
20.22and statement of changes in financial position. Financial statements must be as of a date
20.23within 12 months of the date of application.
20.24 (c) The application must also include all of the following:
20.25 (a) (1) an affirmation under oath that the applicant:
20.26 (1) will maintain competent staff and adequate staffing levels, through direct
20.27employees or otherwise, to meet the requirements of this chapter; (i) is in compliance
20.28with the requirements of section 58.125;
20.29 (ii) will maintain a perpetual roster of individuals employed as residential mortgage
20.30originators, including employees and independent contractors, which includes the date that
20.31mandatory initial education was completed. In addition, the roster must be made available
20.32to the commissioner on demand, within three business days of the commissioner's request;
20.33 (2) (iii) will advise the commissioner of any material changes to the information
20.34submitted in the most recent application within ten days of the change;
20.35 (3) (iv) will advise the commissioner in writing immediately of any bankruptcy
20.36petitions filed against or by the applicant or licensee;
21.1 (4) is financially solvent; (v) will maintain at all times either a net worth, net of
21.2intangibles, of at least $250,000 or a surety bond or irrevocable letter of credit in the
21.3amount of at least $100,000;
21.4 (5) (vi) complies with federal and state tax laws;
and
21.5 (6) (vii) complies with sections
345.31 to
345.60, the Minnesota unclaimed property
21.6law;
and
21.7 (7) is, or that a person in control of the license applicant is, at least 18 years of age;
21.8 (b) (2) information as to the mortgage lending, servicing, or brokering experience
21.9of the applicant and persons in control of the applicant;
21.10 (c) (3) information as to criminal convictions, excluding traffic violations, of persons
21.11in control of the license applicant;
21.12 (d) (4) whether a court of competent jurisdiction has found that the applicant or
21.13persons in control of the applicant have engaged in conduct evidencing gross negligence,
21.14fraud, misrepresentation, or deceit in performing an act for which a license is required
21.15under this chapter;
21.16 (e) (5) whether the applicant or persons in control of the applicant have been the
21.17subject of: an order of suspension or revocation, cease and desist order, or injunctive
21.18order, or order barring involvement in an industry or profession issued by this or another
21.19state or federal regulatory agency or by the Secretary of Housing and Urban Development
21.20within the ten-year period immediately preceding submission of the application; and
21.21 (f) (6) other information required by the commissioner.
21.22 Sec. 17. Minnesota Statutes 2006, section 58.06, is amended by adding a subdivision
21.23to read:
21.24 Subd. 3. Waiver. The commissioner may, for good cause shown, waive any
21.25requirement of this section with respect to any license application or to permit a license
21.26applicant to submit substituted information in its license application in lieu of the
21.27information required by this section.
21.28 Sec. 18. Minnesota Statutes 2006, section 58.08, subdivision 3, is amended to read:
21.29 Subd. 3.
Exemption. Subdivisions 1 and Subdivision 2
do does not apply to
21.30mortgage originators or mortgage servicers who are approved as seller/servicers by the
21.31Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation.
21.32 Sec. 19. Minnesota Statutes 2006, section 58.10, subdivision 1, is amended to read:
21.33 Subdivision 1.
Amounts. The following fees must be paid to the commissioner:
21.34 (1) for an initial residential mortgage originator license,
$850 $2,550, $50 of which
21.35is credited to the consumer education account in the special revenue fund;
22.1 (2) for a renewal license,
$450 $1,350, $50 of which is credited to the consumer
22.2education account in the special revenue fund;
22.3 (3) for an initial residential mortgage servicer's license, $1,000;
22.4 (4) for a renewal license, $500; and
22.5 (5) for a certificate of exemption, $100.
22.6 Sec. 20.
[58.115] EXAMINATIONS.
22.7 The commissioner has under this chapter the same powers with respect to
22.8examinations that the commissioner has under section 46.04, including the authority to
22.9charge for the direct costs of the examination, including travel and per diem expenses.
22.10 Sec. 21.
[58.126] EDUCATION REQUIREMENT.
22.11 No person shall serve as a residential mortgage originator before the completion
22.12of 16 hours of educational training which has been approved by the commissioner, and
22.13covering state and federal laws concerning residential mortgage lending.
22.14 Sec. 22.
[59C.01] SHORT TITLE.
22.15 This chapter may be cited as the Vehicle Protection Product Act.
22.16EFFECTIVE DATE.This section is effective January 1, 2008.
22.17 Sec. 23.
[59C.02] DEFINITIONS.
22.18 Subdivision 1. Terms. For purposes of this chapter, the terms defined in subdivisions
22.192 to 11 have the meanings given them.
22.20 Subd. 2. Administrator. "Administrator" means a third party other than the
22.21warrantor who is designated by the warrantor to be responsible for the administration
22.22of vehicle protection product warranties.
22.23 Subd. 3. Commissioner. "Commissioner" means the commissioner of commerce.
22.24 Subd. 4. Department. "Department" means the Department of Commerce.
22.25 Subd. 5. Incidental costs. "Incidental costs" means expenses specified in the
22.26warranty incurred by the warranty holder related to the failure of the vehicle protection
22.27product to perform as provided in the warranty. Incidental costs may include, without
22.28limitation, insurance policy deductibles, rental vehicle charges, the difference between the
22.29actual value of the stolen vehicle at the time of theft and the cost of a replacement vehicle,
22.30sales taxes, registration fees, transaction fees, and mechanical inspection fees.
22.31 Subd. 6. Service contract. "Service contract" means a contract or agreement as
22.32regulated under chapter 59B.
23.1 Subd. 7. Vehicle protection product. "Vehicle protection product" means a vehicle
23.2protection device, system, or service that:
23.3 (1) is installed on or applied to a vehicle;
23.4 (2) is designed to prevent loss or damage to a vehicle from a specific cause; and
23.5 (3) includes a written warranty.
23.6 For purposes of this section, vehicle protection product includes, without limitation,
23.7alarm systems; body part marking products; steering locks; window etch products; pedal
23.8and ignition locks; fuel and ignition kill switches; and electronic, radio, and satellite
23.9tracking devices.
23.10 Subd. 8. Vehicle protection product warranty or warranty. "Vehicle protection
23.11product warranty" or "warranty" means, for the purposes of this chapter, a written
23.12agreement by a warrantor that provides if the vehicle protection product fails to prevent
23.13loss or damage to a vehicle from a specific cause, that the warranty holder must be
23.14paid specified incidental costs by the warrantor as a result of the failure of the vehicle
23.15protection product to perform pursuant to the terms of the warranty.
23.16 Subd. 9. Vehicle protection product warrantor or warrantor. "Vehicle protection
23.17product warrantor" or "warrantor," for the purposes of this chapter, means a person who is
23.18contractually obligated to the warranty holder under the terms of the vehicle protection
23.19product warranty agreement. Warrantor does not include an authorized insurer providing a
23.20warranty reimbursement insurance policy.
23.21 Subd. 10. Warranty holder. "Warranty holder," for the purposes of this chapter,
23.22means the person who purchases a vehicle protection product or who is a permitted
23.23transferee.
23.24 Subd. 11. Warranty reimbursement insurance policy. "Warranty reimbursement
23.25insurance policy" means a policy of insurance that is issued to the vehicle protection
23.26product warrantor to provide reimbursement to, or to pay on behalf of, the warrantor all
23.27covered contractual obligations incurred by the warrantor under the terms and conditions
23.28of the insured vehicle protection product warranties sold by the warrantor.
23.29EFFECTIVE DATE.This section is effective January 1, 2008.
23.30 Sec. 24.
[59C.03] SCOPE AND EXEMPTIONS.
23.31 (a) No vehicle protection product may be sold or offered for sale in this state unless
23.32the seller, warrantor, and administrator, if any, comply with the provisions of this chapter.
23.33 (b) Vehicle protection product warrantors and related vehicle protection product
23.34sellers and warranty administrators complying with this chapter are not required to comply
24.1with and are not subject to any other provision of chapters 59B to 72A, except that section
24.272A.20, subdivision 38, shall apply to vehicle protection product warranties in the same
24.3manner it applies to service contracts.
24.4 (c) Service contract providers who do not sell vehicle protection products are not
24.5subject to the requirements of this chapter and sales of vehicle protection products are
24.6exempt from the requirements of chapter 59B.
24.7 (d) Warranties, indemnity agreements, and guarantees that are not provided as a part
24.8of a vehicle protection product are not subject to the provisions of this chapter.
24.9EFFECTIVE DATE.This section is effective January 1, 2008.
24.10 Sec. 25.
[59C.04] REGISTRATION AND FILING REQUIREMENTS OF
24.11WARRANTORS.
24.12 Subdivision 1. General requirement. A person may not operate as a warrantor or
24.13represent to the public that the person is a warrantor unless the person is registered with
24.14the department on a form prescribed by the commissioner.
24.15 Subd. 2. Registration records. A registrant shall file a warrantor registration
24.16record annually and shall update it within 30 days of any change. A registration record
24.17must contain the following information:
24.18 (1) the warrantor's name, any fictitious names under which the warrantor does
24.19business in the state, principal office address, and telephone number;
24.20 (2) the name and address of the warrantor's agent for service of process in the state if
24.21other than the warrantor;
24.22 (3) the names of the warrantor's executive officer or officers directly responsible for
24.23the warrantor's vehicle protection product business;
24.24 (4) the name, address, and telephone number of any administrators designated by
24.25the warrantor to be responsible for the administration of vehicle protection product
24.26warranties in this state;
24.27 (5) a copy of the warranty reimbursement insurance policy or policies or other
24.28financial information required by section 59C.05;
24.29 (6) a copy of each warranty the warrantor proposes to use in this state; and
24.30 (7) a statement indicating under which provision of section 59C.05 the warrantor
24.31qualifies to do business in this state as a warrantor.
24.32 Subd. 3. Registration fee. The commissioner may charge each registrant a
24.33reasonable fee to offset the cost of processing the registration and maintaining the records
24.34in an amount not to exceed $250 annually. The information in subdivision 2, clauses (1)
24.35and (2), must be made available to the public.
25.1 Subd. 4. Renewal. If a registrant fails to register by the renewal deadline, the
25.2commissioner shall give them written notice of the failure and the registrant will have 30
25.3days to complete the renewal of the registration before the commissioner suspends the
25.4registration.
25.5 Subd. 5. Exception. An administrator or person who sells or solicits a sale of a
25.6vehicle protection product but who is not a warrantor shall not be required to register as a
25.7warrantor or be licensed under the insurance laws of this state to sell vehicle protection
25.8products.
25.9EFFECTIVE DATE.This section is effective January 1, 2008.
25.10 Sec. 26.
[59C.05] FINANCIAL RESPONSIBILITY.
25.11 Subdivision 1. General requirements. No vehicle protection product may be sold,
25.12or offered for sale in this state unless the warrantor meets either the requirements of
25.13subdivision 2 or 3 in order to ensure adequate performance under the warranty. No other
25.14financial security requirements or financial standards for warrantors is required.
25.15 Subd. 2. Warranty reimbursement insurance policy. The vehicle protection
25.16product warrantor shall be insured under a warranty reimbursement insurance policy
25.17issued by an insurer authorized to do business in this state which provides that:
25.18 (1) the insurer will pay to, or on behalf of the warrantor, 100 percent of all sums
25.19that the warrantor is legally obligated to pay according to the warrantor's contractual
25.20obligations under the warrantor's vehicle protection product warranty;
25.21 (2) a true and correct copy of the warranty reimbursement insurance policy has been
25.22filed with the commissioner by the warrantor; and
25.23 (3) the policy contains the provision required in section 59C.06.
25.24 Subd. 3. Network or stockholder's equity. (1) The vehicle protection product
25.25warrantor, or its parent company in accordance with clause (2), shall maintain a net worth
25.26or stockholders' equity of $50,000,000; and
25.27 (2) the warrantor shall provide the commissioner with a copy of the warrantor's or
25.28the warrantor's parent company's most recent Form 10-K or Form 20-F filed with the
25.29Securities and Exchange Commission within the last calendar year or, if the warrantor
25.30does not file with the Securities and Exchange Commission, a copy of the warrantor or
25.31the warrantor's parent company's audited financial statements that shows a net worth of
25.32the warrantor or its parent company of at least $50,000,000. If the warrantor's parent
25.33company's Form 10-K, Form 20-F, or audited financial statements are filed to meet
25.34the warrantor's financial stability requirement, then the parent company shall agree to
25.35guarantee the obligations of the warrantor relating to warranties issued by the warrantor in
26.1this state. The financial information provided to the commissioner under this paragraph
26.2is trade secret information for purposes of section 13.37.
26.3EFFECTIVE DATE.This section is effective January 1, 2008.
26.4 Sec. 27.
[59C.06] WARRANTY REIMBURSEMENT POLICY
26.5REQUIREMENTS.
26.6 No warranty reimbursement insurance policy may be issued, sold, or offered for sale
26.7in this state unless the policy meets the following conditions:
26.8 (1) the policy states that the issuer of the policy will reimburse, or pay on behalf of
26.9the vehicle protection product warrantor, all covered sums that the warrantor is legally
26.10obligated to pay, or will provide all service that the warrantor is legally obligated to
26.11perform according to the warrantor's contractual obligations under the provisions of the
26.12insured warranties sold by the warrantor;
26.13 (2) the policy states that in the event payment due under the terms of the warranty is
26.14not provided by the warrantor within 60 days after proof of loss has been filed according
26.15to the terms of the warranty by the warranty holder, the warranty holder may file directly
26.16with the warranty reimbursement insurance company for reimbursement;
26.17 (3) the policy provides that a warranty reimbursement insurance company that
26.18insures a warranty is deemed to have received payment of the premium if the warranty
26.19holder paid for the vehicle protection product and the insurer's liability under the policy
26.20shall not be reduced or relieved by a failure of the warrantor, for any reason, to report the
26.21issuance of a warranty to the insurer; and
26.22 (4) the policy has the following provisions regarding cancellation of the policy:
26.23 (i) the issuer of a reimbursement insurance policy shall not cancel the policy until a
26.24notice of cancellation in writing has been mailed or delivered to the commissioner and
26.25each insured warrantor;
26.26 (ii) the cancellation of a reimbursement insurance policy shall not reduce the issuer's
26.27responsibility for vehicle protection products sold prior to the date of cancellation; and
26.28 (iii) in the event an insurer cancels a policy that a warrantor has filed with the
26.29commissioner, the warrantor shall do either of the following:
26.30 (A) file a copy of a new policy with the commissioner, before the termination of
26.31the prior policy, providing no lapse in coverage following the termination of the prior
26.32policy; or
26.33 (B) discontinue offering warranties as of the termination date of the policy until a
26.34new policy becomes effective and is accepted by the commissioner.
26.35EFFECTIVE DATE.This section is effective January 1, 2008.
27.1 Sec. 28.
[59C.07] DISCLOSURE TO WARRANTY HOLDER.
27.2 A vehicle protection product warranty must not be sold or offered for sale in this
27.3state unless the warranty:
27.4 (1) states, "The obligations of the warrantor to the warranty holder are guaranteed
27.5under a warranty reimbursement insurance policy" if the warrantor elects to meet its
27.6financial responsibility obligations under section 59C.05, subdivision 2, or states "The
27.7obligations of the warrantor under this warranty are backed by the full faith and credit
27.8of the warrantor" if the warrantor elects to meet its financial responsibility obligations
27.9under section 59C.05, subdivision 3;
27.10 (2) states that in the event a warranty holder must make a claim against a party other
27.11than the warranty reimbursement insurance policy issuer, the warranty holder is entitled to
27.12make a direct claim against the insurer upon the failure of the warrantor to pay any claim
27.13or meet any obligation under the terms of the warranty within 60 days after proof of loss
27.14has been filed with the warrantor, if the warrantor elects to meet its financial responsibility
27.15obligations under section 59C.05, subdivision 2;
27.16 (3) states the name and address of the issuer of the warranty reimbursement
27.17insurance policy, and this information need not be preprinted on the warranty form, but
27.18may be added to or stamped on the warranty, if the warrantor elects to meet its financial
27.19responsibility obligations under section 59C.05, subdivision 2;
27.20 (4) identifies the warrantor, the seller, and the warranty holder;
27.21 (5) sets forth the total purchase price and the terms under which it is to be paid,
27.22however, the purchase price is not required to be preprinted on the vehicle protection
27.23product warranty and may be negotiated with the consumer at the time of sale;
27.24 (6) sets forth the procedure for making a claim, including a telephone number;
27.25 (7) specifies the payments or performance to be provided under the warranty
27.26including payments for incidental costs expressed as either a fixed amount specified in the
27.27warranty or sales agreement or by the use of a formula itemizing specific incidental costs
27.28incurred by the warranty holder, the manner of calculation or determination of payments
27.29or performance, and any limitations, exceptions, or exclusions;
27.30 (8) sets forth all of the obligations and duties of the warranty holder such as the duty
27.31to protect against any further damage to the vehicle, the obligation to notify the warrantor
27.32in advance of any repair, or other similar requirements, if any;
27.33 (9) sets forth any terms, restrictions, or conditions governing transferability and
27.34cancellation of the warranty, if any; and
27.35 (10) contains a disclosure that reads substantially as follows: "This agreement is a
27.36product warranty and is not insurance."
28.1EFFECTIVE DATE.This section is effective January 1, 2008.
28.2 Sec. 29.
[59C.08] PROHIBITED ACTS.
28.3 (a) Unless licensed as an insurance company, a vehicle protection product warrantor
28.4shall not use in its name, contracts, or literature, any of the words "insurance," "casualty,"
28.5"surety," "mutual," or any other words descriptive of the insurance, casualty, or surety
28.6business or deceptively similar to the name or description of any insurance or surety
28.7corporation, or any other vehicle protection product warrantor. A warrantor may use the
28.8term "guaranty" or similar word in the warrantor's name.
28.9 (b) A vehicle protection product seller or warrantor may not require as a condition of
28.10financing that a retail purchaser of a motor vehicle purchase a vehicle protection product.
28.11EFFECTIVE DATE.This section is effective January 1, 2008.
28.12 Sec. 30.
[59C.09] RECORD KEEPING.
28.13 (a) All vehicle protection product warrantors shall keep accurate accounts, books,
28.14and records concerning transactions regulated under this chapter.
28.15 (b) A vehicle protection product warrantor's accounts, books, and records must
28.16include:
28.17 (1) copies of all vehicle protection product warranties;
28.18 (2) the name and address of each warranty holder; and
28.19 (3) the dates, amounts, and descriptions of all receipts, claims, and expenditures.
28.20 (c) A vehicle protection product warrantor shall retain all required accounts, books,
28.21and records pertaining to each warranty holder for at least two years after the specified
28.22period of coverage has expired. A warrantor discontinuing business in this state shall
28.23maintain its records until it furnishes the commissioner satisfactory proof that it has
28.24discharged all obligations to warranty holders in this state.
28.25EFFECTIVE DATE.This section is effective January 1, 2008.
28.26 Sec. 31.
[59C.10] COMMISSIONER'S POWERS AND DUTIES.
28.27 Subdivision 1. Examination and compliance powers. The commissioner may
28.28conduct examinations of warrantors, administrators, or other persons to enforce this
28.29chapter and protect warranty holders in this state. Upon request of the commissioner, a
28.30warrantor shall make available to the commissioner all accounts, books, and records
28.31concerning vehicle protection products sold by the warrantor and transactions regulated
28.32under this chapter that are necessary to enable the commissioner to reasonably determine
28.33compliance or noncompliance with this chapter.
29.1 Subd. 2. Enforcement authority. The commissioner may take action that is
29.2necessary or appropriate to enforce the provisions of this chapter and the commissioner's
29.3rules and orders and to protect warranty holders in this state. The commissioner has the
29.4enforcement authority in chapter 45 available to enforce the provisions of the chapter and
29.5the rules adopted pursuant to it.
29.6EFFECTIVE DATE.This section is effective January 1, 2008.
29.7 Sec. 32.
[59C.12] APPLICABILITY.
29.8 This chapter applies to all vehicle protection products sold or offered for sale on
29.9or after the effective date of this chapter. The failure of any person to comply with this
29.10chapter before its effective date is not admissible in any court proceeding, administrative
29.11proceeding, arbitration, or alternative dispute resolution proceeding and may not otherwise
29.12be used to prove that the action of any person or the affected vehicle protection product
29.13was unlawful or otherwise improper. The adoption of this chapter does not imply that
29.14a vehicle protection product warranty was insurance before the effective date of this
29.15chapter. Nothing in this section may be construed to require the application of the penalty
29.16provisions where this section is not applicable.
29.17EFFECTIVE DATE.This section is effective January 1, 2008.
29.18 Sec. 33.
[60K.365] PRODUCER TRAINING REQUIREMENTS FOR
29.19LONG-TERM CARE PARTNERSHIP PROGRAM INSURANCE PRODUCTS.
29.20 (a) An individual may not sell, solicit, or negotiate long-term care insurance
29.21unless the individual is licensed as an insurance producer for accident and health or
29.22sickness insurance or life insurance and has completed an initial training course and
29.23ongoing training every 24 months thereafter. The training shall meet the requirements of
29.24paragraph (b).
29.25 (b) The initial training course required by this subdivision shall be no less than
29.26eight hours and the ongoing training courses required by this subdivision shall be no less
29.27than four hours every 24 months. The courses shall be approved by the Department of
29.28Commerce and may be approved as continuing education courses under section 60K.56.
29.29The courses shall consist of topics related to long-term care insurance, long-term care
29.30services, and, if applicable, qualified state long-term care insurance partnership programs,
29.31including but not limited to:
29.32 (1) state and federal regulations and requirements and the relationship between
29.33qualified state long-term care insurance partnership programs and other public and private
29.34coverage of long-term care services, including Medicaid;
29.35 (2) available long-term care services and providers;
30.1 (3) changes or improvements in long-term care services or providers;
30.2 (4) alternatives to the purchase of private long-term care insurance;
30.3 (5) the effect of inflation on benefits and the importance of inflation protection; and
30.4 (6) consumer suitability standards and guidelines.
30.5 The training required by this subdivision shall not include training that is insurer or
30.6company product specific or that includes any sales or marketing information, materials,
30.7or training, other than those required by state or federal law.
30.8 (c) Insurers shall obtain verification that a producer has received the training
30.9required by this subdivision before a producer is permitted to sell, solicit, or negotiate the
30.10insurer's long-term care insurance products. Insurers shall maintain records verifying
30.11that the producer has received the training contained in this subdivision and make that
30.12verification available to the commissioner upon request.
30.13 (d) Currently licensed producers must complete the initial training course by January
30.141, 2008.
30.15EFFECTIVE DATE.This section is effective the day following final enactment.
30.16 Sec. 34. Minnesota Statutes 2006, section 60K.55, subdivision 2, is amended to read:
30.17 Subd. 2.
Licensing fees. (a) In addition to fees provided for examinations
and the
30.18technology surcharge required under paragraph (d), each insurance producer licensed
30.19under this chapter shall pay to the commissioner a fee of:
30.20 (1) $50 for an initial life, accident and health, property, or casualty license issued to
30.21an individual insurance producer, and a fee of $50 for each renewal;
30.22 (2) $50 for an initial variable life and variable annuity license issued to an individual
30.23insurance producer, and a fee of $50 for each renewal;
30.24 (3) $50 for an initial personal lines license issued to an individual insurance
30.25producer, and a fee of $50 for each renewal;
30.26 (4) $50 for an initial limited lines license issued to an individual insurance producer,
30.27and a fee of $50 for each renewal;
30.28 (5) $200 for an initial license issued to a business entity, and a fee of $200 for each
30.29renewal; and
30.30 (6) $500 for an initial surplus lines license, and a fee of $500 for each renewal.
30.31 (b) Initial licenses issued under this chapter are valid for a period not to exceed 24
30.32months and expire on October 31 of the renewal year assigned by the commissioner.
30.33Each renewal insurance producer license is valid for a period of 24 months. Licensees
30.34who submit renewal applications postmarked or delivered on or before October 15 of the
30.35renewal year may continue to transact business whether or not the renewal license has been
31.1received by November 1. Licensees who submit applications postmarked or delivered
31.2after October 15 of the renewal year must not transact business after the expiration date
31.3of the license until the renewal license has been received.
31.4 (c) All fees are nonreturnable, except that an overpayment of any fee may be
31.5refunded upon proper application.
31.6 (d) In addition to the fees required under paragraph (a), individual insurance
31.7producers shall pay, for each initial license and renewal, a technology surcharge of up to
31.8$40 under section 45.24, unless the commissioner has adjusted the surcharge as permitted
31.9under that section.
31.10EFFECTIVE DATE.This section is effective October 1, 2007.
31.11 Sec. 35. Minnesota Statutes 2006, section 65B.44, subdivision 2, is amended to read:
31.12 Subd. 2.
Medical expense benefits. (a) Medical expense benefits shall reimburse
31.13all reasonable expenses for necessary:
31.14 (1) medical, surgical, x-ray, optical, dental, chiropractic, and rehabilitative services,
31.15including prosthetic devices
and items that provide relief from any injury;
31.16 (2) prescription drugs;
31.17 (3) ambulance and all other transportation expenses incurred in traveling to receive
31.18other covered medical expense benefits;
31.19 (4) sign interpreting and language translation services, other than such services
31.20provided by a family member of the patient, related to the receipt of medical, surgical,
31.21x-ray, optical, dental, chiropractic, hospital, extended care, nursing, and rehabilitative
31.22services; and
31.23 (5) hospital, extended care, and nursing services.
31.24 (b) Hospital room and board benefits may be limited, except for intensive care
31.25facilities, to the regular daily semiprivate room rates customarily charged by the institution
31.26in which the recipient of benefits is confined.
31.27 (c) Such benefits shall also include necessary remedial treatment and services
31.28recognized and permitted under the laws of this state for an injured person who relies
31.29upon spiritual means through prayer alone for healing in accordance with that person's
31.30religious beliefs.
31.31 (d) Medical expense loss includes medical expenses accrued prior to the death of a
31.32person notwithstanding the fact that benefits are paid or payable to the decedent's survivors.
31.33 (e) Medical expense benefits for rehabilitative services shall be subject to the
31.34provisions of section
65B.45.
31.35 Sec. 36. Minnesota Statutes 2006, section 65B.44, subdivision 3, is amended to read:
32.1 Subd. 3.
Disability and income loss benefits. Disability and income loss benefits
32.2shall provide compensation for 85 percent of the injured person's loss of present and future
32.3gross income from inability to work proximately caused by the nonfatal injury subject
32.4to a maximum of
$250 $500 per week. Loss of income includes the costs incurred by a
32.5self-employed person to hire substitute employees to perform tasks which are necessary to
32.6maintain the income of the injured person, which are normally performed by the injured
32.7person, and which cannot be performed because of the injury.
32.8 If the injured person is unemployed at the time of injury and is receiving or is
32.9eligible to receive unemployment benefits under chapter 268, but the injured person loses
32.10eligibility for those benefits because of inability to work caused by the injury, disability
32.11and income loss benefits shall provide compensation for the lost benefits in an amount
32.12equal to the unemployment benefits which otherwise would have been payable, subject to
32.13a maximum of
$250 $500 per week.
32.14 Compensation under this subdivision shall be reduced by any income from substitute
32.15work actually performed by the injured person or by income the injured person would
32.16have earned in available appropriate substitute work which the injured person was capable
32.17of performing but unreasonably failed to undertake.
32.18 For the purposes of this section "inability to work" means disability which prevents
32.19the injured person from engaging in any substantial gainful occupation or employment
32.20on a regular basis, for wage or profit, for which the injured person is or may by training
32.21become reasonably qualified. If the injured person returns to employment and is unable by
32.22reason of the injury to work continuously, compensation for lost income shall be reduced
32.23by the income received while the injured person is actually able to work. The weekly
32.24maximums may not be prorated to arrive at a daily maximum, even if the injured person
32.25does not incur loss of income for a full week.
32.26 For the purposes of this section, an injured person who is "unable by reason of the
32.27injury to work continuously" includes, but is not limited to, a person who misses time
32.28from work, including reasonable travel time, and loses income, vacation, or sick leave
32.29benefits, to obtain medical treatment for an injury arising out of the maintenance or use
32.30of a motor vehicle.
32.31 Sec. 37. Minnesota Statutes 2006, section 65B.44, subdivision 4, is amended to read:
32.32 Subd. 4.
Funeral and burial expenses. Funeral and burial benefits shall be
32.33reasonable expenses not in excess of
$2,000 $5,000, including expenses for cremation or
32.34delivery under the Uniform Anatomical Gift Act (1987), sections
525.921 to
525.9224.
32.35 Sec. 38. Minnesota Statutes 2006, section 65B.44, subdivision 5, is amended to read:
33.1 Subd. 5.
Replacement service and loss. Replacement service loss benefits shall
33.2reimburse all expenses reasonably incurred by or on behalf of the nonfatally injured
33.3person in obtaining usual and necessary substitute services in lieu of those that, had the
33.4injured person not been injured, the injured person would have performed not for income
33.5but for direct personal benefit or for the benefit of the injured person's household; if
33.6the nonfatally injured person normally, as a full time responsibility, provides care and
33.7maintenance of a home with or without children, the benefit to be provided under this
33.8subdivision shall be the reasonable value of such care and maintenance or the reasonable
33.9expenses incurred in obtaining usual and necessary substitute care and maintenance of
33.10the home, whichever is greater. These benefits shall be subject to a maximum of
$200
33.11$600 per week. All replacement services loss sustained on the date of injury and the first
33.12seven days thereafter is excluded in calculating replacement services loss.
33.13 Sec. 39. Minnesota Statutes 2006, section 65B.47, subdivision 7, is amended to read:
33.14 Subd. 7.
Adding policies together. Unless a policyholder makes a specific election
33.15not to have two or more policies added together the limit of liability for basic economic
33.16loss benefits for two or more motor vehicles
may not must be added together to determine
33.17the limit of insurance coverage available to an injured person for any one accident. An
33.18insurer shall notify policyholders that they may elect
not to have two or more policies
33.19added together.
33.20 Sec. 40. Minnesota Statutes 2006, section 65B.54, subdivision 1, is amended to read:
33.21 Subdivision 1.
Payment of basic economic loss benefits. Basic economic loss
33.22benefits are payable monthly as loss accrues. Loss accrues not when injury occurs, but as
33.23income loss, replacement services loss, survivor's economic loss, survivor's replacement
33.24services loss, or medical or funeral expense is incurred. Benefits are overdue if not
33.25paid within 30 days after the reparation obligor receives reasonable proof of the fact
33.26and amount of loss realized, unless the reparation obligor elects to accumulate claims
33.27for periods not exceeding 31 days and pays them within 15 days after the period of
33.28accumulation.
However, if the insurer notifies the insured that it is denying benefits, the
33.29insured need not continue to provide the insurer with proof of the bills, losses, or expenses.
33.30If reasonable proof is supplied as to only part of a claim, and the part totals $100 or more,
33.31the part is overdue if not paid within the time provided by this section. Medical or funeral
33.32expense benefits may be paid by the reparation obligor directly to persons supplying
33.33products, services, or accommodations to the claimant.
33.34 Sec. 41. Minnesota Statutes 2006, section 65B.54, is amended by adding a subdivision
33.35to read:
34.1 Subd. 6. Unethical practices. (a) A licensed health care provider shall not initiate
34.2direct contact, in person, over the telephone, or by other electronic means, with any person
34.3who has suffered an injury arising out of the maintenance or use of an automobile, for the
34.4purpose of influencing that person to receive treatment or to purchase any good or item
34.5from the licensee or anyone associated with the licensee. This subdivision prohibits such
34.6direct contact whether initiated by the licensee individually or on behalf of the licensee by
34.7any employee, independent contractor, agent, or third party. This subdivision does not
34.8apply when an injured person voluntarily initiates contact with a licensee.
34.9 (b) This subdivision does not prohibit licensees from mailing advertising literature
34.10directly to such persons, so long as:
34.11 (1) the word "ADVERTISEMENT" appears clearly and conspicuously at the
34.12beginning of the written materials;
34.13 (2) the name of the individual licensee appears clearly and conspicuously within
34.14the written materials;
34.15 (3) the licensee is clearly identified as a licensed health care provider within the
34.16written materials; and
34.17 (4) the licensee does not initiate, individually or through any employee, independent
34.18contractor, agent, or third party, direct contact with the person after the written materials
34.19are sent.
34.20 (c) This subdivision does not apply to:
34.21 (1) advertising that does not involve direct contact with specific prospective patients,
34.22in public media such as telephone directories, professional directories, ads in newspapers
34.23and other periodicals, radio or television ads, Web sites, billboards, or similar media; or
34.24 (2) general marketing practices such as giving lectures; participating in special
34.25events, trade shows, or meetings of organizations; or making presentations relative to
34.26the benefits of chiropractic treatment; or
34.27 (3) contact with friends or relatives, or statements made in a social setting.
34.28 (d) A violation of this subdivision is grounds for the licensing authority to take
34.29disciplinary action against the licensee, including revocation in appropriate cases.
34.30 Sec. 42. Minnesota Statutes 2006, section 80A.28, subdivision 1, is amended to read:
34.31 Subdivision 1.
Registration or notice filing fee. (a) There shall be a filing fee of
34.32$100 for every application for registration or notice filing. There shall be an additional fee
34.33of one-tenth of one percent of the maximum aggregate offering price at which the securities
34.34are to be offered in this state, and the maximum combined fees shall not exceed $300.
34.35 (b) When an application for registration is withdrawn before the effective date or a
34.36preeffective stop order is entered under section
80A.13, subdivision 1, all but the $100
35.1filing fee shall be returned. If an application to register securities is denied, the total of all
35.2fees received shall be retained.
35.3 (c) Where a filing is made in connection with a federal covered security under
35.4section 18(b)(2) of the Securities Act of 1933, there is a fee of $100 for every initial filing.
35.5If the filing is made in connection with redeemable securities issued by an open end
35.6management company or unit investment trust, as defined in the Investment Company Act
35.7of 1940, there is an additional annual fee of 1/20 of one percent of the maximum aggregate
35.8offering price at which the securities are to be offered in this state during the notice filing
35.9period. The fee must be paid at the time of the initial filing and thereafter in connection
35.10with each renewal no later than July 1 of each year and must be sufficient to cover the
35.11shares the issuer expects to sell in this state over the next 12 months. If during a current
35.12notice filing the issuer determines it is likely to sell shares in excess of the shares for
35.13which fees have been paid to the commissioner, the issuer shall submit an amended notice
35.14filing to the commissioner under section
80A.122, subdivision 1, clause (3), together with
35.15a fee of 1/20 of one percent of the maximum aggregate offering price of the additional
35.16shares. Shares for which a fee has been paid, but which have not been sold at the time
35.17of expiration of the notice filing, may not be sold unless an additional fee to cover the
35.18shares has been paid to the commissioner as provided in this section and section
80A.122,
35.19subdivision 4a
. If the filing is made in connection with redeemable securities issued by
35.20such a company or trust, there is no maximum fee for securities filings made according to
35.21this paragraph. If the filing is made in connection with any other federal covered security
35.22under Section 18(b)(2) of the Securities Act of 1933, there is an additional fee of one-tenth
35.23of one percent of the maximum aggregate offering price at which the securities are to be
35.24offered in this state, and the combined fees shall not exceed $300. Beginning with fiscal
35.25year 2001 and continuing each fiscal year thereafter, as of the last day of each fiscal year,
35.26the commissioner shall determine the total amount of all fees that were collected under
35.27this paragraph in connection with any filings made for that fiscal year for securities of an
35.28open-end investment company on behalf of a security that is a federal covered security
35.29pursuant to section 18(b)(2) of the Securities Act of 1933.
To the extent the total fees
35.30collected by the commissioner in connection with these filings exceed $25,000,000 in a
35.31fiscal year, the commissioner shall refund, on a pro rata basis, to all persons who paid any
35.32fees for that fiscal year, the amount of fees collected by the commissioner in excess of
35.33$25,000,000. No individual refund is required of amounts of $100 or less for a fiscal year.
35.34 Sec. 43. Minnesota Statutes 2006, section 80A.65, subdivision 1, is amended to read:
35.35 Subdivision 1.
Registration or notice filing fee. (a) There shall be a filing fee of
35.36$100 for every application for registration or notice filing. There shall be an additional fee
36.1of one-tenth of one percent of the maximum aggregate offering price at which the securities
36.2are to be offered in this state, and the maximum combined fees shall not exceed $300.
36.3 (b) When an application for registration is withdrawn before the effective date
36.4or a preeffective stop order is entered under section 80A.54, all but the $100 filing fee
36.5shall be returned. If an application to register securities is denied, the total of all fees
36.6received shall be retained.
36.7 (c) Where a filing is made in connection with a federal covered security under
36.8section 18(b)(2) of the Securities Act of 1933, there is a fee of $100 for every initial filing.
36.9If the filing is made in connection with redeemable securities issued by an open end
36.10management company or unit investment trust, as defined in the Investment Company Act
36.11of 1940, there is an additional annual fee of 1/20 of one percent of the maximum aggregate
36.12offering price at which the securities are to be offered in this state during the notice filing
36.13period. The fee must be paid at the time of the initial filing and thereafter in connection
36.14with each renewal no later than July 1 of each year and must be sufficient to cover the
36.15shares the issuer expects to sell in this state over the next 12 months. If during a current
36.16notice filing the issuer determines it is likely to sell shares in excess of the shares for which
36.17fees have been paid to the administrator, the issuer shall submit an amended notice filing
36.18to the administrator under section 80A.50, together with a fee of 1/20 of one percent of the
36.19maximum aggregate offering price of the additional shares. Shares for which a fee has
36.20been paid, but which have not been sold at the time of expiration of the notice filing, may
36.21not be sold unless an additional fee to cover the shares has been paid to the administrator
36.22as provided in this section and section 80A.50. If the filing is made in connection with
36.23redeemable securities issued by such a company or trust, there is no maximum fee for
36.24securities filings made according to this paragraph. If the filing is made in connection
36.25with any other federal covered security under Section 18(b)(2) of the Securities Act of
36.261933, there is an additional fee of one-tenth of one percent of the maximum aggregate
36.27offering price at which the securities are to be offered in this state, and the combined fees
36.28shall not exceed $300.
Beginning with fiscal year 2001 and continuing each fiscal year
36.29thereafter, as of the last day of each fiscal year, the administrator shall determine the total
36.30amount of all fees that were collected under this paragraph in connection with any filings
36.31made for that fiscal year for securities of an open-end investment company on behalf of a
36.32security that is a federal covered security pursuant to section 18(b)(2) of the Securities
36.33Act of 1933. To the extent the total fees collected by the administrator in connection
36.34with these filings exceed $25,000,000 in a fiscal year, the administrator shall refund, on
36.35a pro rata basis, to all persons who paid any fees for that fiscal year, the amount of fees
37.1collected by the administrator in excess of $25,000,000. No individual refund is required
37.2of amounts of $100 or less for a fiscal year.
37.3 Sec. 44. Minnesota Statutes 2006, section 82.24, subdivision 1, is amended to read:
37.4 Subdivision 1.
Amounts. The following fees shall be paid to the commissioner:
37.5 (a) a fee of $150 for each initial individual broker's license, and a fee of $100 for
37.6each renewal thereof;
37.7 (b) a fee of $70 for each initial salesperson's license, and a fee of $40 for each
37.8renewal thereof;
37.9 (c) a fee of $85 for each initial real estate closing agent license, and a fee of $60
37.10for each renewal thereof;
37.11 (d) a fee of $150 for each initial corporate, limited liability company, or partnership
37.12license, and a fee of $100 for each renewal thereof;
37.13 (e) a fee for payment to the education, research and recovery fund in accordance
37.14with section
82.43;
37.15 (f) a fee of $20 for each transfer;
37.16 (g) a fee of $50 for license reinstatement;
and
37.17 (h) a fee of $20 for reactivating a corporate, limited liability company, or partnership
37.18license without land
; and
37.19 (i) in addition to the fees required under this subdivision, individual licensees under
37.20clauses (a) and (b) shall pay, for each initial license and renewal, a technology surcharge
37.21of up to $40 under section 45.24, unless the commissioner has adjusted the surcharge
37.22as permitted under that section.
37.23EFFECTIVE DATE.This section is effective the day following final enactment.
37.24 Sec. 45. Minnesota Statutes 2006, section 82.24, subdivision 4, is amended to read:
37.25 Subd. 4.
Deposit of fees. Unless otherwise provided by this chapter, all fees
37.26collected under this chapter shall be deposited in the state treasury.
The technology
37.27surcharge shall be deposited as required under section 45.24.
37.28EFFECTIVE DATE.This section is effective the day following final enactment.
37.29 Sec. 46. Minnesota Statutes 2006, section 82B.09, subdivision 1, is amended to read:
37.30 Subdivision 1.
Amounts. (a) The following fees must be paid to the commissioner:
37.31 (1) $150 for each initial individual real estate appraiser's license; and
37.32 (2) $100 for each renewal.
38.1 (b) In addition to the fees required under this subdivision, individual real estate
38.2appraisers shall pay a technology surcharge of up to $40 under section 45.24, unless the
38.3commissioner has adjusted the surcharge as permitted under that section.
38.4EFFECTIVE DATE.This section is effective the day following final enactment.
38.5 Sec. 47. Minnesota Statutes 2006, section 118A.03, subdivision 2, is amended to read:
38.6 Subd. 2.
In lieu of surety bond. The following are the allowable forms of collateral
38.7in lieu of a corporate surety bond:
38.8 (1) United States government Treasury bills, Treasury notes, Treasury bonds;
38.9 (2) issues of United States government agencies and instrumentalities as quoted by a
38.10recognized industry quotation service available to the government entity;
38.11 (3) general obligation securities of any state or local government with taxing powers
38.12which is rated "A" or better by a national bond rating service, or revenue obligation
38.13securities of any state or local government with taxing powers which is rated "AA" or
38.14better by a national bond rating service;
38.15 (4)
unrated general obligation securities of a local government with taxing powers
38.16may be pledged as collateral against funds deposited by that same local government entity;
38.17 (5) irrevocable standby letters of credit issued by Federal Home Loan Banks to a
38.18municipality accompanied by written evidence that the bank's public debt is rated "AA" or
38.19better by Moody's Investors Service, Inc., or Standard & Poor's Corporation; and
38.20 (6) time deposits that are fully insured by any federal agency.
38.21 Sec. 48. Minnesota Statutes 2006, section 148.102, is amended by adding a subdivision
38.22to read:
38.23 Subd. 3a. Reparation obligors. A reparation obligor as defined in section 65B.43,
38.24subdivision 9, may submit any relevant information to the board in any case in which
38.25the reparation obligor has reason to believe that charges being billed by a licensee are
38.26fraudulent, unreasonable, or inconsistent with treatment actually received by the injured
38.27party involved.
38.28 A reparation obligor that makes a report under this section shall provide the board
38.29with any additional information, related to the reported activities, requested by the board.
38.30 Sec. 49. Minnesota Statutes 2006, section 239.101, subdivision 3, is amended to read:
38.31 Subd. 3.
Petroleum inspection fee. (a) An inspection fee is imposed (1) on
38.32petroleum products when received by the first licensed distributor, and (2) on petroleum
38.33products received and held for sale or use by any person when the petroleum products
38.34have not previously been received by a licensed distributor. The petroleum inspection
38.35fee is $1 for every 1,000 gallons received. The commissioner of revenue shall collect
39.1the fee. The revenue from 81 cents of the fee is appropriated to the commissioner of
39.2commerce for the cost of operations of the Division of Weights and Measures, petroleum
39.3supply monitoring, and
the oil burner retrofit program to make grants to providers of
39.4low-income weatherization services to install renewable energy equipment in households
39.5that are eligible for weatherization assistance under Minnesota's weatherization assistance
39.6program state plan. The remainder of the fee must be deposited in the general fund.
39.7 (b) The commissioner of revenue shall credit a person for inspection fees previously
39.8paid in error or for any material exported or sold for export from the state upon filing of a
39.9report as prescribed by the commissioner of revenue.
39.10 (c) The commissioner of revenue may collect the inspection fee along with any
39.11taxes due under chapter 296A.
39.12 Sec. 50.
[325E.027] DISCRIMINATION PROHIBITION.
39.13 (a) No dealer or distributor of liquid propane gas or number 1 or number 2 fuel oil
39.14who has signed a low-income home energy assistance program vendor agreement with the
39.15department of commerce may refuse to deliver liquid propane gas or number 1 or number
39.162 fuel oil to any person located within the dealer's or distributor's normal delivery area
39.17who receives direct grants under the low-income home energy assistance program if:
39.18 (1) the person has requested delivery;
39.19 (2) the dealer or distributor has product available;
39.20 (3) the person requesting delivery is capable of making full payment at the time of
39.21delivery; and
39.22 (4) the person is not in arrears regarding any previous fuel purchase from that dealer
39.23or distributor.
39.24 (b) A dealer or distributor making delivery to a person receiving direct grants
39.25under the low-income home energy assistance program may not charge that person any
39.26additional costs or fees that would not be charged to any other customer and must make
39.27available to that person any discount program on the same basis as the dealer or distributor
39.28makes available to any other customer.
39.29 Sec. 51. Minnesota Statutes 2006, section 325E.311, subdivision 6, is amended to read:
39.30 Subd. 6.
Telephone solicitation. "Telephone solicitation" means any voice
39.31communication over a telephone line for the purpose of encouraging the purchase or
39.32rental of, or investment in, property, goods, or services, whether the communication is
39.33made by a live operator, through the use of an automatic dialing-announcing device as
39.34defined in section
325E.26, subdivision 2, or by other means. Telephone solicitation
39.35does not include communications:
40.1 (1) to any residential subscriber with that subscriber's prior express invitation or
40.2permission; or
40.3 (2) by or on behalf of any person or entity with whom a residential subscriber has a
40.4prior or current business or personal relationship.
40.5Telephone solicitation also does not include communications if the caller is identified by a
40.6caller identification service and the call is:
40.7 (i) by or on behalf of an organization that is identified as a nonprofit organization
40.8under state or federal law
, unless the organization is a debt management services provider
40.9defined in section 332A.02;
40.10 (ii) by a person soliciting without the intent to complete, and who does not in
40.11fact complete, the sales presentation during the call, but who will complete the sales
40.12presentation at a later face-to-face meeting between the solicitor who makes the call
40.13and the prospective purchaser; or
40.14 (iii) by a political party as defined under section
200.02, subdivision 6.
40.15EFFECTIVE DATE.This section is effective January 1, 2008.
40.16 Sec. 52. Minnesota Statutes 2006, section 325N.01, is amended to read:
40.17325N.01 DEFINITIONS.
40.18 The definitions in paragraphs (a) to (h) apply to sections
325N.01 to
325N.09.
40.19 (a) "Foreclosure consultant" means any person who, directly or indirectly, makes
40.20any solicitation, representation, or offer to any owner to perform for compensation or
40.21who, for compensation, performs any service which the person in any manner represents
40.22will in any manner do any of the following:
40.23 (1) stop or postpone the foreclosure sale;
40.24 (2) obtain any forbearance from any beneficiary or mortgagee;
40.25 (3) assist the owner to exercise the right of reinstatement provided in section
580.30;
40.26 (4) obtain any extension of the period within which the owner may reinstate the
40.27owner's obligation;
40.28 (5) obtain any waiver of an acceleration clause contained in any promissory note or
40.29contract secured by a mortgage on a residence in foreclosure or contained in the mortgage;
40.30 (6) assist the owner in foreclosure or loan default to obtain a loan or advance
40.31of funds;
40.32 (7) avoid or ameliorate the impairment of the owner's credit resulting from the
40.33recording of a notice of default or the conduct of a foreclosure sale; or
40.34 (8) save the owner's residence from foreclosure.
40.35 (b) A foreclosure consultant does not include any of the following:
41.1 (1) a person licensed to practice law in this state when the person renders service
41.2in the course of his or her practice as an attorney-at-law;
41.3 (2) a person licensed as a debt
prorater under sections
332.12 to
332.29 management
41.4services provider under chapter 332A, when the person is acting as a debt
prorater
41.5management services provider as defined in
these sections that chapter;
41.6 (3) a person licensed as a real estate broker or salesperson under chapter 82 when the
41.7person engages in acts whose performance requires licensure under that chapter unless the
41.8person is engaged in offering services designed to, or purportedly designed to, enable the
41.9owner to retain possession of the residence in foreclosure;
41.10 (4) a person licensed as an accountant under chapter 326A when the person is acting
41.11in any capacity for which the person is licensed under those provisions;
41.12 (5) a person or the person's authorized agent acting under the express authority
41.13or written approval of the Department of Housing and Urban Development or other
41.14department or agency of the United States or this state to provide services;
41.15 (6) a person who holds or is owed an obligation secured by a lien on any residence
41.16in foreclosure when the person performs services in connection with this obligation or lien
41.17if the obligation or lien did not arise as the result of or as part of a proposed foreclosure
41.18reconveyance;
41.19 (7) any person or entity doing business under any law of this state, or of the United
41.20States relating to banks, trust companies, savings and loan associations, industrial loan and
41.21thrift companies, regulated lenders, credit unions, insurance companies, or a mortgagee
41.22which is a United States Department of Housing and Urban Development approved
41.23mortgagee and any subsidiary or affiliate of these persons or entities, and any agent or
41.24employee of these persons or entities while engaged in the business of these persons
41.25or entities;
41.26 (8) a person licensed as a residential mortgage originator or servicer pursuant to
41.27chapter 58, when acting under the authority of that license or a foreclosure purchaser as
41.28defined in section
325N.10;
41.29 (9) a nonprofit agency or organization that offers counseling or advice to an owner
41.30of a home in foreclosure or loan default if they do not contract for services with for-profit
41.31lenders or foreclosure purchasers; and
41.32 (10) a judgment creditor of the owner, to the extent that the judgment creditor's claim
41.33accrued prior to the personal service of the foreclosure notice required by section
580.03,
41.34but excluding a person who purchased the claim after such personal service.
41.35 (c) "Foreclosure reconveyance" means a transaction involving:
42.1 (1) the transfer of title to real property by a foreclosed homeowner during a
42.2foreclosure proceeding, either by transfer of interest from the foreclosed homeowner or
42.3by creation of a mortgage or other lien or encumbrance during the foreclosure process
42.4that allows the acquirer to obtain title to the property by redeeming the property as
42.5a junior lienholder; and
42.6 (2) the subsequent conveyance, or promise of a subsequent conveyance, of an interest
42.7back to the foreclosed homeowner by the acquirer or a person acting in participation with
42.8the acquirer that allows the foreclosed homeowner to possess the real property following
42.9the completion of the foreclosure proceeding, which interest includes, but is not limited to,
42.10an interest in a contract for deed, purchase agreement, option to purchase, or lease.
42.11 (d) "Person" means any individual, partnership, corporation, limited liability
42.12company, association, or other group, however organized.
42.13 (e) "Service" means and includes, but is not limited to, any of the following:
42.14 (1) debt, budget, or financial counseling of any type;
42.15 (2) receiving money for the purpose of distributing it to creditors in payment or
42.16partial payment of any obligation secured by a lien on a residence in foreclosure;
42.17 (3) contacting creditors on behalf of an owner of a residence in foreclosure;
42.18 (4) arranging or attempting to arrange for an extension of the period within which
42.19the owner of a residence in foreclosure may cure the owner's default and reinstate his or
42.20her obligation pursuant to section
580.30;
42.21 (5) arranging or attempting to arrange for any delay or postponement of the time of
42.22sale of the residence in foreclosure;
42.23 (6) advising the filing of any document or assisting in any manner in the preparation
42.24of any document for filing with any bankruptcy court; or
42.25 (7) giving any advice, explanation, or instruction to an owner of a residence in
42.26foreclosure, which in any manner relates to the cure of a default in or the reinstatement
42.27of an obligation secured by a lien on the residence in foreclosure, the full satisfaction of
42.28that obligation, or the postponement or avoidance of a sale of a residence in foreclosure,
42.29pursuant to a power of sale contained in any mortgage.
42.30 (f) "Residence in foreclosure" means residential real property consisting of one to
42.31four family dwelling units, one of which the owner occupies as his or her principal place
42.32of residence, and against which there is an outstanding notice of pendency of foreclosure,
42.33recorded pursuant to section
580.032, or against which a summons and complaint has
42.34been served under chapter 581.
42.35 (g) "Owner" means the record owner of the residential real property in foreclosure at
42.36the time the notice of pendency was recorded, or the summons and complaint served.
43.1 (h) "Contract" means any agreement, or any term in any agreement, between
43.2a foreclosure consultant and an owner for the rendition of any service as defined in
43.3paragraph (e).
43.4EFFECTIVE DATE.This section is effective January 1, 2008.
43.5 Sec. 53. Minnesota Statutes 2006, section 332.54, subdivision 7, is amended to read:
43.6 Subd. 7.
Fees. The fee for a credit services organization's registration is
$100
43.7$1,000 for issuance or renewal for each location of business.
43.8EFFECTIVE DATE; APPLICATION.This section is effective July 1, 2007, and
43.9applies to registrations issued or renewed on or after that date.
43.10 Sec. 54.
[332A.02] DEFINITIONS.
43.11 Subdivision 1. Scope. Unless a different meaning is clearly indicated by the context,
43.12for the purposes of this chapter the terms defined in this section have the meanings given
43.13them.
43.14 Subd. 2. Accreditation. "Accreditation" means certification as an accredited
43.15credit counseling provider by the International Standards Organization or the Council on
43.16Accreditation.
43.17 Subd. 3. Attorney general. "Attorney general" means the attorney general of the
43.18state of Minnesota.
43.19 Subd. 4. Commissioner. "Commissioner" means commissioner of commerce.
43.20 Subd. 5. Controlling or affiliated party. "Controlling or affiliated party" means
43.21any person directly or indirectly controlling, controlled by, or under common control
43.22with another person.
43.23 Subd. 6. Debt management services agreement. "Debt management services
43.24agreement" means the written contract between the debt management services provider
43.25and the debtor.
43.26 Subd. 7. Debt management services plan. "Debt management services plan"
43.27means the debtor's individualized package of debt management services set forth in the
43.28debt management services agreement.
43.29 Subd. 8. Debt management services provider. "Debt management services
43.30provider" means any person offering or providing debt management services to a debtor
43.31domiciled in this state, regardless of whether or not a fee is charged for the services and
43.32regardless of whether the person maintains a physical presence in the state. This term does
44.1not include services performed by the following when engaged in the regular course of
44.2their respective businesses and professions:
44.3 (1) attorneys at law, escrow agents, accountants, broker-dealers in securities;
44.4 (2) state or national banks, trust companies, savings associations, title insurance
44.5companies, insurance companies, and all other lending institutions duly authorized to
44.6transact business in Minnesota, provided no fee is charged for the service;
44.7 (3) persons who, as employees on a regular salary or wage of an employer not
44.8engaged in the business of debt management, perform credit services for their employer;
44.9 (4) public officers acting in their official capacities and persons acting as a debt
44.10management services provider pursuant to court order;
44.11 (5) any person while performing services incidental to the dissolution, winding up,
44.12or liquidation of a partnership, corporation, or other business enterprise;
44.13 (6) the state, its political subdivisions, public agencies, and their employees;
44.14 (7) credit unions and collection agencies, provided no fee is charged for the service;
44.15 (8) "qualified organizations" designated as representative payees for purposes of the
44.16Social Security and Supplemental Security Income Representative Payee System and the
44.17federal Omnibus Budget Reconciliation Act of 1990, Public Law 101-508; and
44.18 (9) accelerated mortgage payment providers. "Accelerated mortgage payment
44.19providers" are persons who, after satisfying the requirements of sections 332.30 to
44.20332.303, receive funds to make mortgage payments to a lender or lenders, on behalf
44.21of mortgagors, in order to exceed regularly scheduled minimum payment obligations
44.22under the terms of the indebtedness. The term does not include: (i) persons or entities
44.23described in clauses (1) to (8); (ii) mortgage lenders or servicers, industrial loan and
44.24thrift companies, or regulated lenders under chapter 56; or (iii) persons authorized to
44.25make loans under section 47.20, subdivision 1. For purposes of this clause and sections
44.26332.30 to 332.303, "lender" means the original lender or that lender's assignee, whichever
44.27is the current mortgage holder.
44.28 Subd. 9. Debt management services. "Debt management services" means the
44.29provision of any one or more of the following:
44.30 (1) managing the financial affairs of an individual by distributing income or money
44.31to the individual's creditors;
44.32 (2) receiving funds for the purpose of distributing the funds among creditors in
44.33payment or partial payment of obligations of a debtor; or
44.34 (3) settling, adjusting, prorating, pooling, or liquidating the indebtedness of a debtor.
44.35Any person so engaged or holding out as so engaged is deemed to be engaged in the
45.1provision of debt management services regardless of whether or not a fee is charged for
45.2such services.
45.3 Subd. 10. Debtor. "Debtor" means the person for whom the debt prorating service
45.4is performed.
45.5 Subd. 11. Person. "Person" means any individual, firm, partnership, association,
45.6or corporation.
45.7 Subd. 12. Registrant. "Registrant" means any person registered by the
45.8commissioner pursuant to this chapter and, where used in conjunction with an act or
45.9omission required or prohibited by this chapter, shall mean any person performing debt
45.10management services.
45.11EFFECTIVE DATE.This section is effective January 1, 2008.
45.12 Sec. 55.
[332A.03] REQUIREMENT OF REGISTRATION.
45.13 On or after August 1, 2007, it is unlawful for any person, whether or not located in
45.14this state, to operate as a debt management services provider or provide debt management
45.15services, including but not limited to offering, advertising, or executing or causing to
45.16be executed any debt management services or debt management services agreement,
45.17except as authorized by law without first becoming registered as provided in this
45.18chapter. A person who possesses a valid license as a debt prorater that was issued by the
45.19commissioner before August 1, 2007, is deemed to be registered as a debt management
45.20services provider until the date the debt prorater license expires, at which time the licensee
45.21must obtain a renewal as a debt management services provider in compliance with this
45.22chapter. Debt proraters who were not required to be licensed as debt proraters before
45.23August 1, 2007, may continue to provide debt management services without complying
45.24with this chapter to those debtors who entered into a contract to participate in a debt
45.25management plan before August 1, 2007, except that the debt prorater must comply with
45.26section 332A.13, subdivision 2.
45.27EFFECTIVE DATE.This section is effective January 1, 2008.
45.28 Sec. 56.
[332A.04] REGISTRATION.
45.29 Subdivision 1. Form. Application for registration to operate as a debt management
45.30services provider in this state must be made in writing to the commissioner, under oath, in
45.31the form prescribed by the commissioner, and must contain:
45.32 (1) the full name of each principal of the entity applying;
45.33 (2) the address, which must not be a post office box, and the telephone number and,
45.34if applicable, e-mail address, of the applicant;
46.1 (3) identification of the trust account required under section 332A.13;
46.2 (4) consent to the jurisdiction of the courts of this state;
46.3 (5) the name and address of the registered agent authorized to accept service of
46.4process on behalf of the applicant or appointment of the commissioner as the applicant's
46.5agent for purposes of accepting service of process;
46.6 (6) disclosure of:
46.7 (i) whether any controlling or affiliated party has ever been convicted of a crime
46.8or found civilly liable for an offense involving moral turpitude, including forgery,
46.9embezzlement, obtaining money under false pretenses, larceny, extortion, conspiracy to
46.10defraud, or any other similar offense or violation, or any violation of a federal or state law
46.11or regulation in connection with activities relating to the rendition of debt management
46.12services or involving any consumer fraud, false advertising, deceptive trade practices, or
46.13similar consumer protection law;
46.14 (ii) any judgments, private or public litigation, tax liens, written complaints,
46.15administrative actions, or investigations by any government agency against the applicant
46.16or any officer, director, manager, or shareholder owning more than five percent interest
46.17in the applicant, unresolved or otherwise, filed or otherwise commenced within the
46.18preceding ten years;
46.19 (iii) whether the applicant or any person employed by the applicant has had a record
46.20of having defaulted in the payment of money collected for others, including the discharge
46.21of debts through bankruptcy proceedings; and
46.22 (iv) whether the applicant's license or registration to provide debt management
46.23services in any other state has ever been revoked or suspended;
46.24 (7) a copy of the applicant's standard debt management services agreement that the
46.25applicant intends to execute with debtors;
46.26 (8) proof of accreditation of:
46.27 (i) the debt management services provider; and
46.28 (ii) all individuals employed by, under contract with, or otherwise agents of the
46.29provider who offer to provide or provide debt management services; and
46.30 (9) any other information and material as the commissioner may require.
46.31 Subd. 2. Term and scope of registration. The registration must remain in full
46.32force and effect for one calendar year or until it is surrendered by the licensee or revoked
46.33or suspended by the commissioner. The registration is limited solely to the business
46.34of providing debt management services.
46.35 Subd. 3. Fees. The registration application must be accompanied by payment of
46.36$1,000 as a registration fee.
47.1 Subd. 4. Bond. The registration application must be accompanied by payment of
47.2the premium for a surety bond in which the applicant shall be the obligor, in a sum to be
47.3determined by the commissioner but not less than $5,000, and in which an insurance
47.4company, which is duly authorized by the state of Minnesota to transact the business of
47.5fidelity and surety insurance, shall be a surety. However, the commissioner may accept
47.6a deposit in cash, or securities that may legally be purchased by savings banks or for
47.7trust funds of an aggregate market value equal to the bond requirement, in lieu of the
47.8surety bond. The cash or securities must be deposited with the commissioner of finance.
47.9The commissioner may also require a fidelity bond in an appropriate amount covering
47.10employees of any applicant. Each branch office or additional place of business of an
47.11applicant must be bonded as provided in this subdivision. In determining the bond amount
47.12necessary for the maintenance of any office, whether it is a surety bond, fidelity bond, or
47.13both, the commissioner shall consider the financial responsibility, experience, character,
47.14and general fitness of the debt management services provider and its operators and owners;
47.15the volume of business handled or proposed to be handled; the location of the office
47.16and the geographical area served or proposed to be served; and other information the
47.17commissioner may deem pertinent based upon past performance, previous examinations,
47.18annual reports, and manner of business conducted in other states.
47.19 Subd. 5. Condition of bond. The bond must run to the state of Minnesota for the
47.20use of the state and of any person or persons who may have a cause of action against the
47.21obligor arising out of the obligor's activities as a debt management services provider to
47.22a debtor domiciled in this state. The bond must be conditioned that the obligor will not
47.23commit any fraudulent act and will faithfully conform to and abide by the provisions of
47.24this chapter and of all rules lawfully made by the commissioner under this chapter and
47.25pay to the state and to any such person or persons any and all money that may become
47.26due or owing to the state or to such person or persons from the obligor under and by
47.27virtue of this chapter.
47.28 Subd. 6. Right of action on bond. If the registrant has failed to account to a debtor
47.29or distribute to the debtor's creditors the amounts required by this chapter and the debt
47.30management services agreement between the debtor and registrant, the debtor or the
47.31debtor's legal representative or receiver, the commissioner, or the attorney general, shall
47.32have, in addition to all other legal remedies, a right of action in the name of the debtor
47.33on the bond or the security given under this section, for loss suffered by the debtor, not
47.34exceeding the face amount of the bond or security, and without the necessity of joining
47.35the registrant in the suit or action.
48.1 Subd. 7. Registrant list. The commissioner must maintain a list of registered debt
48.2management services providers. The list must be made available to the public in written
48.3form upon request and on the Department of Commerce Web site.
48.4EFFECTIVE DATE.This section is effective January 1, 2008.
48.5 Sec. 57.
[332A.05] NONASSIGNMENT OF REGISTRATION.
48.6 A registration must not be transferred or assigned without the consent of the
48.7commissioner.
48.8EFFECTIVE DATE.This section is effective January 1, 2008.
48.9 Sec. 58.
[332A.06] RENEWAL OF REGISTRATION.
48.10 Each year, each registrant under the provisions of this chapter must, not more than
48.1160 nor less than 30 days before its registration is to expire, apply to the commissioner for
48.12renewal of its registration on a form prescribed by the commissioner. The application must
48.13be signed by the registrant under penalty of perjury, contain current information on all
48.14matters required in the original application, and be accompanied by a payment of $250.
48.15The registrant must maintain a continuous surety bond that satisfies the requirements of
48.16section 332A.04, subdivision 4, provided that the commissioner may require a different
48.17amount that is at least equal to the largest amount that has accrued in the registrant's trust
48.18account during the previous year. The renewal is effective for one year.
48.19EFFECTIVE DATE.This section is effective January 1, 2008.
48.20 Sec. 59.
[332A.07] OTHER DUTIES OF REGISTRANT.
48.21 Subdivision 1. Requirement to update information. A registrant must update any
48.22information required by this chapter provided in its original or renewal application not
48.23later than 90 days after the date the events precipitating the update occurred.
48.24 Subd. 2. Inspection of debtor of registration. Each registrant must maintain a
48.25copy of its registration in its files. The registrant must allow a debtor, upon request, to
48.26inspect the registration.
48.27EFFECTIVE DATE.This section is effective January 1, 2008.
48.28 Sec. 60.
[332A.08] DENIAL OF REGISTRATION.
48.29 The commissioner, with notice to the applicant by certified mail sent to the address
48.30listed on the application, may deny an application for a registration upon finding that
48.31the applicant:
49.1 (1) has submitted an application required under section 332A.04 that contains
49.2incorrect, misleading, incomplete, or materially untrue information. An application is
49.3incomplete if it does not include all the information required in section 332A.04;
49.4 (2) has failed to pay any fee or pay or maintain any bond required by this chapter,
49.5or failed to comply with any order, decision, or finding of the commissioner made under
49.6and within the authority of this chapter;
49.7 (3) has violated any provision of this chapter or any rule or direction lawfully made
49.8by the commissioner under and within the authority of this chapter;
49.9 (4) or any controlling or affiliated party has ever been convicted of a crime or found
49.10civilly liable for an offense involving moral turpitude, including forgery, embezzlement,
49.11obtaining money under false pretenses, larceny, extortion, conspiracy to defraud, or any
49.12other similar offense or violation, or any violation of a federal or state law or regulation
49.13in connection with activities relating to the rendition of debt management services or
49.14any consumer fraud, false advertising, deceptive trade practices, or similar consumer
49.15protection law;
49.16 (5) has had a registration or license previously revoked or suspended in this state or
49.17any other state or the applicant or licensee has been permanently or temporarily enjoined
49.18by any court of competent jurisdiction from engaging in or continuing any conduct or
49.19practice involving any aspect of the debt management services provider business; or
49.20any controlling or affiliated party has been an officer, director, manager, or shareholder
49.21owning more than a ten percent interest in a debt management services provider whose
49.22registration has previously been revoked or suspended in this state or any other state, or
49.23who has been permanently or temporarily enjoined by any court of competent jurisdiction
49.24from engaging in or continuing any conduct or practice involving any aspect of the debt
49.25management services provider business;
49.26 (6) has made any false statement or representation to the commissioner;
49.27 (7) is insolvent;
49.28 (8) refuses to fully comply with an investigation or examination of the debt
49.29management services provider by the commissioner;
49.30 (9) has improperly withheld, misappropriated, or converted any money or properties
49.31received in the course of doing business;
49.32 (10) has failed to have a trust account with an actual cash balance equal to or greater
49.33than the sum of the escrow balances of each debtor's account;
49.34 (11) has defaulted in making payments to creditors on behalf of debtors as required
49.35by agreements between the provider and debtor; or
50.1 (12) has used fraudulent, coercive, or dishonest practices, or demonstrated
50.2incompetence, untrustworthiness, or financial irresponsibility in this state or elsewhere.
50.3EFFECTIVE DATE.This section is effective January 1, 2008.
50.4 Sec. 61.
[332A.09] SUSPENDING, REVOKING, OR REFUSING TO RENEW
50.5REGISTRATION.
50.6 Subdivision 1. Procedure. The commissioner may revoke, suspend, or refuse
50.7to renew any registration issued under this chapter, or may levy a civil penalty under
50.8section 45.027, or any combination of actions, if the debt management services provider
50.9or any controlling or affiliated person has committed any act or omission for which the
50.10commissioner could have refused to issue an initial registration or renew an existing
50.11registration. Revocation of or refusal to renew a registration must be upon notice and
50.12hearing as prescribed in the Administrative Procedure Act, sections 14.57 to 14.69. The
50.13notice must set a time for hearing before the commissioner not less than 20 nor more than
50.1430 days after service of the notice, provided the registrant may waive the 20-day minimum.
50.15The commissioner may, in the notice, suspend the registration for a period not to exceed 60
50.16days. Unless the notice states that the registration is suspended, pending the determination
50.17of the main issue, the registrant may continue to transact business until the final decision of
50.18the commissioner. If the registration is suspended, the commissioner shall hold a hearing
50.19and render a final determination within ten days of a request by the registrant. If the
50.20commissioner fails to do so, the suspension shall terminate and be of no force or effect.
50.21 Subd. 2. Notification of interested persons. After the notice and hearing required
50.22in subdivision 1, upon issuing an order suspending or revoking a registration or refusing to
50.23renew a registration, the commissioner may notify all individuals who have contracts with
50.24the affected registrant and all creditors who have agreed to a debt management services
50.25plan that the registration has been revoked and that the order is subject to appeal.
50.26 Subd. 3. Receiver for funds of sanctioned registrant. When an order is issued
50.27revoking or refusing to renew a registration, the commissioner may apply for, and the
50.28district court must appoint, a receiver to temporarily or permanently receive the assets of
50.29the registrant pending a final determination of the validity of the order.
50.30EFFECTIVE DATE.This section is effective January 1, 2008.
50.31 Sec. 62.
[332A.10] WRITTEN DEBT MANAGEMENT SERVICES
50.32AGREEMENT.
50.33 Subdivision 1. Written agreement required. A debt management services provider
50.34may not perform any debt management services or receive any money related to a debt
51.1management plan until the provider has obtained a debt management services agreement
51.2that contains all terms of the agreement between the debt management services provider
51.3and the debtor. A debt management services agreement must be in writing, dated, and
51.4signed by the debt management services provider and the debtor. The registrant must
51.5furnish the debtor with a copy of the signed contract upon execution.
51.6 Subd. 2. Actions prior to written agreement. No person may provide debt
51.7management services for a debtor unless the person first has:
51.8 (1) provided the debtor individualized counseling and educational information
51.9that, at a minimum, addresses managing household finances, managing credit and debt,
51.10budgeting, and personal savings strategies;
51.11 (2) prepared in writing and provided to the debtor, in a form that the debtor may
51.12keep, an individualized financial analysis and a proposed debt management plan listing the
51.13debtor's known debts with specific recommendations regarding actions the debtor should
51.14take to reduce or eliminate the amount of the debts, including written disclosure that
51.15debt management services are not suitable for all debtors and that there are other ways,
51.16including bankruptcy, to deal with indebtedness;
51.17 (3) made a determination supported by an individualized financial analysis that the
51.18debtor can reasonably meet the requirements of the proposed debt management plan
51.19and that there is a net tangible benefit to the debtor of entering into the proposed debt
51.20management plan; and
51.21 (4) prepared, in a form the debtor may keep, a written list identifying all known
51.22creditors of the debtor that the provider reasonably expects to participate in the plan
51.23and the creditors, including secured creditors, that the provider reasonably expects not
51.24to participate.
51.25 Subd. 3. Required terms. (a) Each debt management services agreement must
51.26contain the following terms, which must be disclosed prominently and clearly in bold print
51.27on the front page of the agreement, segregated by bold lines from all other information on
51.28the page:
51.29 (1) the fee amount to be paid by the debtor and whether the initial fee amount is
51.30refundable or nonrefundable;
51.31 (2) the monthly fee amount or percentage to be paid by the debtor; and
51.32 (3) the total amount of fees reasonably anticipated to be paid by the debtor over
51.33the term of the agreement.
51.34 (b) Each debt management services agreement must also contain the following:
51.35 (1) a disclosure that if the amount of debt owed is increased by interest, late fees,
51.36over the limit fees, and other amounts imposed by the creditors, the length of the debt
52.1management services agreement will be extended and remain in force and that the total
52.2dollar charges agreed upon may increase at the rate agreed upon in the original contract
52.3agreement;
52.4 (2) a prominent statement describing the terms upon which the debtor may cancel
52.5the contract as set forth in section 332A.11;
52.6 (3) a detailed description of all services to be performed by the debt management
52.7services provider for the debtor;
52.8 (4) the debt management services provider's refund policy; and
52.9 (5) the debt management services provider's principal business address and the name
52.10and address of its agent in this state authorized to receive service of process.
52.11 Subd. 4. Prohibited terms. The following terms shall not be included in the debt
52.12management services agreement:
52.13 (1) a hold harmless clause;
52.14 (2) a confession of judgment, or a power of attorney to confess judgment against the
52.15debtor or appear as the debtor in any judicial proceeding;
52.16 (3) a waiver of the right to a jury trial, if applicable, in any action brought by
52.17or against a debtor;
52.18 (4) an assignment of or an order for payment of wages or other compensation for
52.19services;
52.20 (5) a provision in which the debtor agrees not to assert any claim or defense arising
52.21out of the debt management services agreement;
52.22 (6) a waiver of any provision of this chapter or a release of any obligation required
52.23to be performed on the part of the debt management services provider; or
52.24 (7) a mandatory arbitration clause.
52.25 Subd. 5. New debt management services agreements; modification of existing
52.26agreements. (a) Separate and additional debt management services agreements that
52.27comply with this chapter may be entered into by the debt management services provider
52.28and the debtor provided that no additional initial fee may be charged by the debt
52.29management services provider.
52.30 (b) Any modification of an existing debt management services agreement, including
52.31any increase in the number or amount of debts included in the debt management service,
52.32must be in writing and signed by both parties. No fees, charges, or other consideration
52.33may be demanded from the debtor for the modification, other than an increase in the
52.34amount of the monthly maintenance fee established in the original debt management
52.35services agreement.
53.1EFFECTIVE DATE.This section is effective January 1, 2008.
53.2 Sec. 63.
[332A.11] RIGHT TO CANCEL.
53.3 Subdivision 1. Debtor's right to cancel. A debtor has the right to cancel the debt
53.4management services agreement without cause at any time upon ten days' written notice to
53.5the debt management services provider. In the event of cancellation, the debt management
53.6services provider must, within ten days of the cancellation, notify the debtor's creditors of
53.7the cancellation and provide a refund of all unexpended funds paid by or for the debtor to
53.8the debt management services provider.
53.9 Subd. 2. Notice of debtor's right to cancel. A debt management services
53.10agreement must contain, on its face, in an easily readable typeface immediately adjacent
53.11to the space for signature by the debtor, the following notice: "Right To Cancel: You have
53.12the right to cancel this contract at any time on ten days' written notice."
53.13 Subd. 3. Automatic termination. Upon the payment of all listed debts and
53.14fees, the debt management services agreement must automatically terminate, and all
53.15unexpended funds paid by or for the debtor to the debt management services provider
53.16must be immediately returned to the debtor.
53.17 Subd. 4. Debt management services provider's right to cancel. A debt
53.18management services provider may cancel a debt management services agreement
53.19with good cause upon 30 days' written notice to the debtor. Within ten days after the
53.20cancellation, the debt management services provider must: (1) notify the debtor's creditors
53.21of the cancellation; and (2) return to the debtor all unexpended funds paid by or for the
53.22debtor.
53.23EFFECTIVE DATE.This section is effective January 1, 2008.
53.24 Sec. 64.
[332A.12] BOOKS, RECORDS, AND INFORMATION.
53.25 Subdivision 1. Records retention. Every registrant must keep, and use in the
53.26registrant's business, such books, accounts, and records, including electronic records, as
53.27will enable the commissioner to determine whether the registrant is complying with this
53.28chapter and of the rules, orders, and directives adopted by the commissioner under this
53.29chapter. Every registrant must preserve such books, accounts, and records for at least six
53.30years after making the final entry on any transaction recorded therein. Examinations of
53.31the books, records, and method of operations conducted under the supervision of the
53.32commissioner shall be done at the cost of the registrant. The cost must be assessed as
53.33determined under section 46.131.
54.1 Subd. 2. Statements to debtors. Each registrant must maintain and must make
54.2available records and accounts that will enable each debtor to ascertain the amounts
54.3paid to the creditors of the debtor. A statement showing amounts received from the
54.4debtor, disbursements to each creditor, amounts which any creditor has agreed to accept
54.5as payment in full for any debt owed the creditor by the debtor, charges deducted by
54.6the registrant, and such other information as the commissioner may prescribe, must be
54.7furnished by the registrant to the debtor at least monthly and, in addition, upon any
54.8cancellation or termination of the contract. In addition to the statements required by this
54.9subdivision, each debtor must have reasonable access, without cost, by electronic or other
54.10means, to information in the registrant's files applicable to the debtor. These statements,
54.11records, and accounts must otherwise remain confidential except for duly authorized state
54.12and government officials, the commissioner, the attorney general, the debtor, and the
54.13debtor's representative and designees. Each registrant must prepare and retain in the file of
54.14each debtor a written analysis of the debtor's income and expenses to substantiate that the
54.15plan of payment is feasible and practicable.
54.16EFFECTIVE DATE.This section is effective January 1, 2008.
54.17 Sec. 65.
[332A.13] FEES, PAYMENTS, AND CONSENT OF CREDITORS.
54.18 Subdivision 1. Origination fee; credit background report cost. The registrant
54.19may charge a nonrefundable origination fee of not more than $50, which may be retained
54.20by the registrant from the initial amount paid by the debtor to the registrant.
54.21 Subd. 2. Monthly maintenance fee. The registrant may charge a periodic fee for
54.22account maintenance or other purposes, but only if the fee is reasonable for the services
54.23provided and does exceed the lesser of 15 percent of the monthly payment amount or $75.
54.24 Subd. 3. Additional fees unauthorized. A registrant may not impose any fee or
54.25other charge or receive any funds or other payment other than the initial fee or monthly
54.26maintenance fee authorized by this section.
54.27 Subd. 4. Amount of periodic payments retained. The registrant may retain as
54.28payment for the fees authorized by this section no more than 15 percent of any periodic
54.29payment made to the registrant by the debtor. The remaining 85 percent must be disbursed
54.30to listed creditors under and in accordance with the debt management services agreement.
54.31No fees or charges may be received or retained by the registrant for any handling of
54.32recurring payments. Recurring payments include current rent, mortgage, utility, telephone,
54.33maintenance as defined in section 518.27, child support, insurance premiums, and such
54.34other payments as the commissioner may by rule prescribe.
55.1 Subd. 5. Advance payments. No fees or charges may be received or retained for
55.2any payments by the debtor made more than the following number of days in advance
55.3of the date specified in the debt management services agreement on which they are due:
55.4(1) 42 days in the case of contracts requiring monthly payments; (2) 15 days in the case
55.5of agreements requiring biweekly payments; or (3) seven days in the case of agreements
55.6requiring weekly payments. For those agreements which do not require payments in
55.7specified amounts, a payment is deemed an advance payment to the extent it exceeds
55.8twice the average regular payment previously made by the debtor under that contract. This
55.9subdivision does not apply when the debtor intends to use the advance payments to satisfy
55.10future payment of obligations due within 30 days under the contract. This subdivision
55.11supersedes any inconsistent provision of this chapter.
55.12 Subd. 6. Consent of creditors. A registrant must actively seek to obtain the consent
55.13of all creditors to the debt management services plan set forth in the debt management
55.14services agreement. Consent by a creditor may be express and in writing, or may be
55.15evidenced by acceptance of a payment made under the debt management services plan
55.16set forth in the contract. The registrant must notify the debtor within ten days after any
55.17failure to obtain the required consent and of the debtor's right to cancel without penalty.
55.18The notice must be in a form as the commissioner shall prescribe. Nothing contained in
55.19this section is deemed to require the return of any origination fee and any fees earned by
55.20the registrant prior to cancellation or default.
55.21 Subd. 7. Withdrawal of creditor. Whenever a creditor withdraws from a debt
55.22management services plan, or refuses to participate in a debt management services plan,
55.23the registrant must promptly notify the debtor of the withdrawal or refusal. In no case
55.24may this notice be provided more than 15 days after the debt management services plan
55.25learns of the creditor's decision to withdraw from or refuse to participate in a plan. This
55.26notice must include the identity of the creditor withdrawing from the plan, the amount of
55.27the monthly payment to that creditor, and the right of the debtor to cancel the agreement
55.28under section 332A.11.
55.29 Subd. 8. Payments held in trust. The registrant must maintain a separate trust
55.30account and deposit in the account all payments received from the moment that they are
55.31received, except that the registrant may commingle the payment with the registrant's
55.32own property or funds, but only to the extent necessary to ensure the maintenance of a
55.33minimum balance if the financial institution at which the trust account is held requires
55.34a minimum balance to avoid the assessment of fees or penalties for failure to maintain
56.1a minimum balance. All disbursements, whether to the debtor or to the creditors of the
56.2debtor, or to the registrant, must be made from such account.
56.3 Subd. 9. Timely payment of creditors. The registrant must disburse any funds
56.4paid by or on behalf of a debtor to creditors of the consumer within 42 days after receipt
56.5of the funds, or earlier if necessary to comply with the due date in the contract between
56.6the debtor and the creditor, unless the reasonable payment of one or more of the debtor's
56.7obligations requires that the funds be held for a longer period so as to accumulate a sum
56.8certain, or where the debtor's payment is returned for insufficient funds or other reason
56.9that makes the withholding of such payments in the net interest of the debtor.
56.10EFFECTIVE DATE.This section is effective January 1, 2008.
56.11 Sec. 66.
[332A.14] PROHIBITIONS.
56.12 A registrant shall not:
56.13 (1) purchase from a creditor any obligation of a debtor;
56.14 (2) use, threaten to use, seek to have used, or seek to have threatened the use of any
56.15legal process, including but not limited to garnishment and repossession of personal
56.16property, against any debtor while the debt management services agreement between the
56.17registrant and the debtor remains executory;
56.18 (3) advise a debtor to stop paying a creditor until a debt management services plan is
56.19in place;
56.20 (4) require as a condition of performing debt management services the purchase of
56.21any services, stock, insurance, commodity, or other property or any interest therein either
56.22by the debtor or the registrant;
56.23 (5) compromise any debts unless the prior written approval of the debtor has been
56.24obtained to such compromise and unless such compromise inures solely to the benefit
56.25of the debtor;
56.26 (6) receive from any debtor as security or in payment of any fee a promissory note
56.27or other promise to pay or any mortgage or other security, whether as to real or personal
56.28property;
56.29 (7) lend money or provide credit to any debtor if any interest or fee is charged,
56.30or directly or indirectly collect any fee for referring, advising, procuring, arranging, or
56.31assisting a consumer in obtaining any extension of credit or other debtor service from a
56.32lender or services provider;
56.33 (8) structure a debt management services agreement that would result in negative
56.34amortization of any debt in the plan;
57.1 (9) engage in any unfair, deceptive, or unconscionable act or practice in connection
57.2with any service provided to any debtor;
57.3 (10) offer, pay, or give any material cash fee, gift, bonus, premium, reward, or other
57.4compensation to any person for referring any prospective customer to the registrant or for
57.5enrolling a debtor in a debt management services plan, or provide any other incentives
57.6for employees or agents of the debt management services provider to induce debtors to
57.7enter into a debt management plan;
57.8 (11) receive any cash, fee, gift, bonus, premium, reward, or other compensation
57.9from any person other than the debtor or a person on the debtor's behalf in connection
57.10with activities as a registrant, provided that this paragraph does not apply to a registrant
57.11which is a bona fide nonprofit corporation duly organized under chapter 317A or under
57.12the similar laws of another state;
57.13 (12) enter into a contract with a debtor unless a thorough written budget analysis
57.14indicates that the debtor can reasonably meet the requirements of the financial adjustment
57.15plan and will be benefited by the plan;
57.16 (13) in any way charge or purport to charge or provide any debtor credit insurance in
57.17conjunction with any contract or agreement involved in the debt management services
57.18plan;
57.19 (14) operate or employ a person who is an employee or owner of a collection agency
57.20or process-serving business; or
57.21 (15) require or attempt to require payment of a sum that the registrant states,
57.22discloses, or advertises to be a voluntary contribution from the debtor.
57.23EFFECTIVE DATE.This section is effective January 1, 2008.
57.24 Sec. 67.
[332A.16] ADVERTISEMENT OF DEBT MANAGEMENT SERVICES
57.25PLANS.
57.26 No debt management services provider may make false, deceptive, or misleading
57.27statements or omissions about the rates, terms, or conditions of an actual or proposed
57.28debt management services plan or its debt management services, or create the likelihood
57.29of consumer confusion or misunderstanding regarding its services, including but not
57.30limited to the following:
57.31 (1) represent that the debt management services provider is a nonprofit, not-for-profit,
57.32or has similar status or characteristics if some or all of the debt management services will
57.33be provided by a for-profit company that is a controlling or affiliated party to the debt
57.34management services provider; or
58.1 (2) make any communication that gives the impression that the debt management
58.2services provider is acting on behalf of a government agency.
58.3EFFECTIVE DATE.This section is effective January 1, 2008.
58.4 Sec. 68.
[332A.17] DEBT MANAGEMENT SERVICES AGREEMENT
58.5RESCISSION.
58.6 Any debtor has the right to rescind any debt management services agreement with
58.7a debt management services provider that commits a material violation of this chapter.
58.8On rescission, all fees paid to the debt management services provider or any other person
58.9other than creditors of the debtor must be returned to the debtor entering into the debt
58.10management services agreement within ten days of rescission of the debt management
58.11services agreement.
58.12EFFECTIVE DATE.This section is effective January 1, 2008.
58.13 Sec. 69.
[332A.18] ENFORCEMENT; REMEDIES.
58.14 Subdivision 1. Violation a deceptive practice. A violation of any of the provisions
58.15of this chapter is considered an unfair or deceptive trade practice under section 8.31,
58.16subdivision 1. A private right of action under section 8.31 by an aggrieved debtor is in
58.17the public interest.
58.18 Subd. 2. Private right of action. (a) A debt management services provider who
58.19fails to comply with any of the provisions of this chapter is liable under this section in
58.20an individual action for the sum of: (i) actual, incidental, and consequential damages
58.21sustained by the debtor as a result of the failure; and (ii) statutory damages of up to $1,000.
58.22 (b) A debt management services provider who fails to comply with any of the
58.23provisions of this chapter is liable under this section in a class action for the sum of: (i) the
58.24amount that each named plaintiff could recover under paragraph (a), clause (i); and (ii)
58.25such amount as the court may allow for all other class members.
58.26 (c) In determining the amount of statutory damages, the court shall consider, among
58.27other relevant factors:
58.28 (1) the frequency, nature, and persistence of noncompliance;
58.29 (2) the extent to which the noncompliance was intentional; and
58.30 (3) in the case of a class action, the number of debtors adversely affected.
58.31 (d) A plaintiff or class successful in a legal or equitable action under this section is
58.32entitled to the costs of the action, plus reasonable attorney fees.
58.33 Subd. 3. Injunctive relief. A debtor may sue a debt management services provider
58.34for temporary or permanent injunctive or other appropriate equitable relief to prevent
59.1violations of any provision of this chapter. A court must grant injunctive relief on a
59.2showing that the debt management services provider has violated any provision of this
59.3chapter, or in the case of a temporary injunction, on a showing that the debtor is likely to
59.4prevail on allegations that the debt management services provider violated any provision
59.5of this chapter.
59.6 Subd. 4. Remedies cumulative. The remedies provided in this section are
59.7cumulative and do not restrict any remedy that is otherwise available. The provisions
59.8of this chapter are not exclusive and are in addition to any other requirements, rights,
59.9remedies, and penalties provided by law.
59.10 Subd. 5. Public enforcement. The attorney general shall enforce this chapter
59.11under section 8.31.
59.12EFFECTIVE DATE.This section is effective January 1, 2008.
59.13 Sec. 70.
[332A.19] INVESTIGATION.
59.14 The commissioner may examine the books and records of every registrant and of
59.15any person engaged in the business of providing debt management services as defined in
59.16section 332A.02 at any reasonable time. The commissioner once during any calendar year
59.17may require the submission of an audit prepared by a certified public accountant of the
59.18books and records of each registrant. If the registrant has, within one year previous to the
59.19commissioner's demand, had an audit prepared for some other purpose, this audit may be
59.20submitted to satisfy the requirement of this section. The commissioner may investigate
59.21any complaint concerning violations of this chapter and may require the attendance and
59.22sworn testimony of witnesses and the production of documents.
59.23EFFECTIVE DATE.This section is effective January 1, 2008.
59.24 Sec. 71.
LICENSE RENEWAL EXTENSION.
59.25 The July 31, 2007, renewal date for mortgage originators is extended to October 30,
59.262007, because of the changes to the licensing requirements made by this article.
59.27 Sec. 72.
REPEALER.
59.28(a) Minnesota Statutes 2006, sections 46.043; 47.62, subdivision 5; and 58.08,
59.29subdivision 1, are repealed.
59.30(b) Minnesota Statutes 2006, sections 332.12; 332.13; 332.14; 332.15; 332.16;
59.31332.17; 332.18; 332.19; 332.20; 332.21; 332.22; 332.23; 332.24; 332.25; 332.26; 332.27;
59.32332.28; and 332.29, are repealed effective January 1, 2008.
60.1 Section 1.
[1.1499] STATE ENERGY CITY.
60.2 The city of Elk River is designated as the state energy city.
60.3 Sec. 2.
[16C.141] EMPLOYEE SUGGESTIONS; ENERGY SAVINGS
60.4INCENTIVE PROGRAM.
60.5 Subdivision 1. Creation of program. The commissioner of administration must
60.6implement a program using best practices and develop policies under which state
60.7employees may receive cash awards for making suggestions that result in documented cost
60.8savings to state agencies from reduced energy usage in state-owned buildings. The cash
60.9awards must be an amount equal to half the amount of the energy costs saved by agencies
60.10in the year immediately following the implementation of the employee suggestion, up to
60.11$1,000 per suggestion. The program must include methods for documenting submission
60.12of suggestions and for documenting savings achieved as a result of these suggestions.
60.13 Subd. 2. Funding. To the extent necessary to fund the program under this section,
60.14the commissioner of administration, with approval of the commissioner of finance, may
60.15transfer a portion of the documented cost savings resulting from a suggestion under this
60.16section from the general services revolving fund to an energy savings reward account.
60.17Money in the energy savings reward account is appropriated to the commissioner for
60.18purposes of making cash rewards and paying the commissioner's incentive program
60.19developments costs and administrative expenses under this section.
60.20 Subd. 3. Report to legislature. The commissioner of administration shall report to
60.21the chairs of the senate and house of representatives committees with jurisdiction over
60.22energy policy by January 1, 2008, on the development of the incentive program, and
60.23by January 15 each year thereafter on the implementation of this section, including the
60.24ideas submitted and energy savings realized.
60.25 Subd. 4. Minnesota State Colleges and Universities. This section does not apply to
60.26the Minnesota State Colleges and Universities, except to the extent the Board of Trustees
60.27of the Minnesota State Colleges and Universities provides that the section does apply.
60.28 Subd. 5. Repeal. This section is repealed July 1, 2009.
60.29 Sec. 3. Minnesota Statutes 2006, section 216B.241, subdivision 6, is amended to read:
60.30 Subd. 6.
Renewable energy research. (a) A public utility that owns a nuclear
60.31generation facility in the state shall spend five percent of the total amount that utility
60.32is required to spend under this section to support basic and applied research and
60.33demonstration activities at the University of Minnesota Initiative for Renewable Energy
60.34and the Environment for the development of renewable energy sources and technologies.
60.35The utility shall transfer the required amount to the University of Minnesota on or before
61.1July 1 of each year and that annual amount shall be deducted from the amount of money the
61.2utility is required to spend under this section. The University of Minnesota shall transfer
61.3at least ten percent of these funds to at least one rural campus or experiment station.
61.4 (b)
Research Activities funded under this subdivision
shall may include
, but are
61.5not limited to:
61.6 (1) development of environmentally sound production, distribution, and use of
61.7energy, chemicals, and materials from renewable sources;
61.8 (2) processing and utilization of agricultural and forestry plant products and other
61.9bio-based, renewable sources as a substitute for fossil-fuel-based energy, chemicals, and
61.10materials using a variety of means including biocatalysis, biorefining, and fermentation;
61.11 (3) conversion of state wind resources to hydrogen for energy storage and
61.12transportation to areas of energy demand;
61.13 (4) improvements in scalable hydrogen fuel cell technologies; and
61.14 (5) production of hydrogen from bio-based, renewable sources; and sequestration
61.15of carbon.
61.16 (1) environmentally sound production of energy from a renewable energy source
61.17including biomass;
61.18 (2) environmentally sound production of hydrogen from biomass and any other
61.19renewable energy source for energy storage and energy utilization;
61.20 (3) development of energy conservation and efficient energy utilization technologies;
61.21 (4) energy storage technologies; and
61.22 (5) analysis of policy options to facilitate adoption of technologies that use or
61.23produce a renewable energy source.
61.24 (c) Notwithstanding other law to the contrary, the utility may, but is not required to,
61.25spend more than two percent of its gross operating revenues from service provided in this
61.26state under this section or section
216B.2411.
61.27 (d)
For the purposes of this subdivision:
61.28 (1) "renewable energy source: means hydro, wind, solar, biomass and geothermal
61.29energy, and microorganisms used as an energy source; and
61.30 (2) "biomass" means plant and animal material, agricultural and forest residues,
61.31mixed municipal solid waste, and sludge from wastewater treatment.
61.32 (e) This subdivision expires June 30,
2008 2010.
61.33 Sec. 4. Minnesota Statutes 2006, section 216B.812, subdivision 1, is amended to read:
61.34 Subdivision 1.
Early purchase and deployment of renewable hydrogen, fuel
61.35cells, and related technologies by the state. (a) The Department of Commerce
, in
61.36conjunction coordination with the Department of Administration
and the Pollution Control
62.1Agency, shall identify opportunities for
demonstrating the use of deploying renewable
62.2hydrogen, fuel cells, and related technologies within state-owned facilities, vehicle fleets,
62.3and operations
in ways that demonstrate their commercial performance and economics.
62.4 (b) The Department of Commerce shall recommend to the Department of
62.5Administration
, when feasible, the purchase and
demonstration deployment of hydrogen,
62.6fuel cells, and related technologies
, when feasible, in ways that strategically contribute
62.7to realizing Minnesota's hydrogen economy goal as set forth in section
216B.8109, and
62.8which contribute to the following nonexclusive list of objectives:
62.9 (1) provide needed performance data to the marketplace;
62.10 (2) identify code and regulatory issues to be resolved;
62.11 (3) foster economic development and job creation in the state;
62.12 (4) raise public awareness of
renewable hydrogen, fuel cells, and related
62.13technologies; or
62.14 (5) reduce emissions of carbon dioxide and other pollutants.
62.15 (c) The Department of Commerce and the Pollution Control Agency shall also
62.16recommend to the Department of Administration changes to the state's procurement
62.17guidelines and contracts in order to facilitate the purchase and deployment of cost-effective
62.18renewable hydrogen, fuel cells, and related technologies by all levels of government.
62.19 Sec. 5. Minnesota Statutes 2006, section 216B.812, subdivision 2, is amended to read:
62.20 Subd. 2.
Pilot projects. (a) In consultation with appropriate representatives from
62.21state agencies, local governments, universities, businesses, and other interested parties,
62.22the Department of Commerce shall report back to the legislature by November 1, 2005,
62.23and every two years thereafter, with a slate of proposed pilot projects that contribute to
62.24realizing Minnesota's hydrogen economy goal as set forth in section
216B.8109. The
62.25Department of Commerce must consider the following nonexclusive list of priorities in
62.26developing the proposed slate of pilot projects:
62.27 (1)
demonstrate deploy "bridge" technologies such as hybrid-electric, off-road, and
62.28fleet vehicles running on hydrogen or fuels blended with hydrogen;
62.29 (2)
develop lead to cost-competitive, on-site
renewable hydrogen production
62.30technologies;
62.31 (3) demonstrate nonvehicle applications for hydrogen;
62.32 (4) improve the cost and efficiency of hydrogen from renewable energy sources; and
62.33 (5) improve the cost and efficiency of hydrogen production using direct solar energy
62.34without electricity generation as an intermediate step.
62.35 (b) For
all demonstrations deployment projects that do not involve a demonstration
62.36component, individual system components of the technology
must should, if feasible, meet
63.1commercial performance standards and systems modeling must be completed to predict
63.2commercial performance, risk, and synergies. In addition, the proposed pilots should meet
63.3as many of the following criteria as possible:
63.4 (1) advance energy security;
63.5 (2) capitalize on the state's native resources;
63.6 (3) result in economically competitive infrastructure being put in place;
63.7 (4) be located where it will link well with existing and related projects and be
63.8accessible to the public, now or in the future;
63.9 (5) demonstrate multiple, integrated aspects of
renewable hydrogen infrastructure;
63.10 (6) include an explicit public education and awareness component;
63.11 (7) be scalable to respond to changing circumstances and market demands;
63.12 (8) draw on firms and expertise within the state where possible;
63.13 (9) include an assessment of its economic, environmental, and social impact; and
63.14 (10) serve other needs beyond hydrogen development.
63.15 Sec. 6.
[216B.813] MINNESOTA RENEWABLE HYDROGEN INITIATIVE.
63.16 Subdivision 1. Road map. The Department of Commerce shall coordinate and
63.17administer directly or by contract the Minnesota renewable hydrogen initiative. If the
63.18department decides to contract for its duties under this section, it must contract with a
63.19nonpartisan, nonprofit organization within the state to develop the road map. The initiative
63.20may be run as a public-private partnership representing business, academic, governmental,
63.21and nongovernmental organizations. The initiative must oversee the development and
63.22implementation of a renewable hydrogen road map, including appropriate technology
63.23deployments, that achieve the hydrogen goal of section 216B.013. The road map should
63.24be compatible with the United States Department of Energy's National Hydrogen Energy
63.25Roadmap and be based on an assessment of marketplace economics and the state's
63.26opportunities in hydrogen, fuel cells, and related technologies, so as to capitalize on
63.27strengths. The road map should establish a vision, goals, general timeline, strategies for
63.28working with industry, and measurable milestones for achieving the state's renewable
63.29hydrogen goal. The road map should describe how renewable hydrogen and fuel cells fit
63.30in Minnesota's overall energy system, and should help foster a consistent, predictable, and
63.31prudent investment environment. The department must report to the legislature on the
63.32progress in implementing the road map by November 1 of each odd-numbered year.
63.33 Subd. 2. Grants. (a) The commissioner of commerce shall operate a competitive
63.34grant program for projects to assist the state in attaining its renewable hydrogen energy
63.35goals. The commissioner of commerce shall assemble an advisory committee made up of
63.36industry, university, government, and nongovernment organizations to:
64.1 (1) help identify the most promising technology deployment projects for public
64.2investment;
64.3 (2) advise on the technical specifications for those projects; and
64.4 (3) make recommendations on project grants.
64.5 (b) The commissioner shall give preference to project concepts included in the
64.6department's most recent biennial report: Strategic Demonstration Projects to Accelerate
64.7the Commercialization of Renewable Hydrogen and Related Technologies in Minnesota.
64.8Projects eligible for funding must combine one or more of the hydrogen production
64.9options listed in the department's report with an end use that has significant commercial
64.10potential, preferably high visibility, and relies on fuel cells or related technologies. Each
64.11funded technology deployment must include an explicit education and awareness-raising
64.12component, be compatible with the renewable hydrogen deployment criteria defined in
64.13section 216B.812, and receive 50 percent of its total cost from nonstate sources. The 50
64.14percent requirement does not apply for recipients that are public institutions.
64.15 Sec. 7. Minnesota Statutes 2006, section 216C.051, subdivision 2, is amended to read:
64.16 Subd. 2.
Establishment. (a) There is established a Legislative Electric Energy Task
64.17Force to study future electric energy sources and costs and to make recommendations
64.18for legislation for an environmentally and economically sustainable and advantageous
64.19electric energy supply.
64.20 (b) The task force consists of:
64.21 (1) ten members of the house of representatives including the chairs of the
64.22Environment and Natural Resources Committee and
Regulated Industries Subcommittee
64.23the Energy Finance and Policy Division and eight members to be appointed by the speaker
64.24of the house, four of whom must be from the minority caucus; and
64.25 (2) ten members of the senate including the chairs of the Environment
, Energy and
64.26Natural Resources
Budget Division and
Jobs, Energy,
and Community Development
64.27Utilities, Technology and Communications committees and eight members to be appointed
64.28by the Subcommittee on Committees, four of whom must be from the minority caucus.
64.29 (c) The task force may employ staff, contract for consulting services, and may
64.30reimburse the expenses of persons requested to assist it in its duties other than state
64.31employees or employees of electric utilities. The director of the Legislative Coordinating
64.32Commission shall assist the task force in administrative matters. The task force shall
64.33elect cochairs, one member of the house and one member of the senate from among the
64.34committee and subcommittee chairs named to the committee. The task force members
64.35from the house shall elect the house cochair, and the task force members from the senate
64.36shall elect the senate cochair.
65.1 Sec. 8. Minnesota Statutes 2006, section 216C.051, subdivision 9, is amended to read:
65.2 Subd. 9.
Expiration. This section is repealed June 30,
2007 2008.
65.3EFFECTIVE DATE.This section is effective the day following final enactment.
65.4 Sec. 9.
[216C.385] CLEAN ENERGY RESOURCE TEAMS.
65.5 Subdivision 1. Findings. The legislature finds that community-based energy
65.6programs are an effective means of implementing improved energy practices including
65.7conservation, greater efficiency in energy use, and the production and use of renewable
65.8resources such as wind, solar, biomass, and biofuels. Further, community-based energy
65.9programs are found to be a public purpose for which public money may be spent.
65.10 Subd. 2. Mission, organization, and membership. The Clean Energy Resource
65.11Teams (CERT's) project is an innovative state, university, and nonprofit partnership that
65.12serves as a catalyst for community energy planning and projects. The mission of CERT's
65.13is to give citizens a voice in the energy planning process by connecting them with the
65.14necessary technical resources to identify and implement community-scale renewable
65.15energy and energy efficiency projects. In 2003, the Department of Commerce designated
65.16the CERT's project as a statewide collaborative venture and recognized six regional teams
65.17based on their geography: Central, Northeast, Northwest, Southeast, Southwest, and
65.18West-Central. Membership of CERT's may include but is not limited to representatives
65.19of utilities; federal, state, and local governments; small business; labor; senior citizens;
65.20academia; and other interested parties. The Department of Commerce may certify
65.21additional Clean Energy Resource Teams by regional geography, including teams in
65.22the Twin Cities metropolitan area.
65.23 Subd. 3. Powers and duties. In order to develop and implement community-based
65.24energy programs, a Clean Energy Resource Team may:
65.25 (1) analyze social and economic impacts caused by energy expenditures;
65.26 (2) analyze regional renewable and energy efficiency resources and opportunities;
65.27 (3) link community members and community energy projects to the knowledge
65.28and capabilities of the University of Minnesota, the State Energy Office, nonprofit
65.29organizations, and regional community members, among others;
65.30 (4) plan, set priorities for, provide technical assistance to, and catalyze local energy
65.31efficiency and renewable energy projects that help to meet state energy policy goals and
65.32maximize local economic development opportunities;
65.33 (5) provide a broad-based resource and communications network that links local,
65.34county, and regional energy efficiency and renewable energy project efforts around the
65.35state (both interregional and intraregional);
66.1 (6) seek, accept, and disburse grants and other aids from public or private sources
66.2for purposes authorized in this subdivision;
66.3 (7) provides a convening and networking function within CERT's regions to facilitate
66.4education, knowledge formation, and project replication; and
66.5 (8) exercise other powers and duties imposed on it by statute, charter, or ordinance.
66.6 Subd. 4. Department assistance. The commissioner, via the Clean Energy
66.7Resource Teams, may provide professional, technical, organizational, and financial
66.8assistance to regions and communities to develop and implement community energy
66.9programs and projects, within available resources.
66.10 Sec. 10.
[216C.39] RURAL WIND ENERGY DEVELOPMENT REVOLVING
66.11LOAN FUND.
66.12 Subdivision 1. Establishment. A rural wind energy development revolving loan
66.13fund is established as an account in the special revenue fund in the state treasury. The
66.14commissioner of finance shall credit to the account the amounts authorized under this
66.15section and appropriations and transfers to the account. Earnings, such as interest,
66.16dividends, and any other earnings arising from fund assets, must be credited to the account.
66.17 Subd. 2. Purpose. The rural wind energy development revolving loan fund
66.18is created to provide financial assistance, through partnership with local owners and
66.19communities, in developing community wind energy projects that meet the specifications
66.20of section 216B.1612, subdivision 2, paragraph (f).
66.21 Subd. 3. Expenditures. Money in the fund is appropriated to the commissioner
66.22of commerce, and may be used to make loans to qualifying owners of wind energy
66.23projects, as defined in section 216B.1612, subdivision 2, paragraph (f), to assist in funding
66.24wind studies and transmission interconnection studies. The loans must be structured for
66.25repayment within six months after the project begins commercial operations.
66.26 Subd. 4. Limitations. A loan may not be approved for an amount exceeding
66.27$100,000. This limit applies to all money loaned to a single project or single entity,
66.28whether paid to one or more qualifying owners and whether paid in one or more fiscal
66.29years.
66.30 Subd. 5. Administration; eligible projects. (a) Applications for a loan under
66.31this section must be made in a manner and on forms prescribed by the commissioner.
66.32Loans to eligible projects must be made in the order in which complete applications are
66.33received by the commissioner. Loan funds must be disbursed to an applicant within ten
66.34days of submission of a payment request by the applicant that demonstrates a payment
67.1due to the Midwest Independent System Operator. Interest payable on the loan amount
67.2may not exceed 1.5 percent per annum.
67.3 (b) A project is eligible for a loan under this program if:
67.4 (1) the project has completed an adequate interconnection feasibility study that
67.5indicates the project may be interconnected with system upgrades of less than ten percent
67.6of the estimated project costs;
67.7 (2) the project has a signed power purchase agreement with an electric utility or
67.8provides evidence that the project is under serious consideration for such an agreement by
67.9an electric utility;
67.10 (3) the ownership and structure of the project allows it to qualify as a
67.11community-based energy development (C-BED) project under section 216B.1612, and the
67.12developer commits to obtaining and maintaining C-BED status; and
67.13 (4) the commissioner has determined that sufficient funds are available to make a
67.14loan to the project.
67.15 Sec. 11.
RURAL WIND ENERGY DEVELOPMENT PROGRAM.
67.16 (a) The Center for Rural Policy and Development shall make a grant to a nonprofit
67.17organization with experience dealing with energy and community wind issues to design
67.18and implement a rural wind energy development assistance program. The program must
67.19be designed to maximize rural economic development and stabilize rural community
67.20institutions, including hospitals and schools, by increasing the income of local residents
67.21and increasing local tax revenues. The grant may be disbursed in two installments. The
67.22program must provide assistance to rural entities seeking to develop wind generation
67.23projects that meet the specifications of Minnesota Statutes, section 216B.1612, subdivision
67.242, paragraph (f), and to sell the electricity the projects produce. Among other strategies,
67.25the program may consider aggregating rural entities and others into groups with the size
67.26and market power necessary to plan and develop significant rural wind energy projects.
67.27 (b) The program must provide assistance that includes, but is not limited to:
67.28 (1) providing legal, engineering, and financial services;
67.29 (2) identifying target communities with favorable wind resources, community
67.30interest, and local political support;
67.31 (3) providing assistance to reserve, obtain, and ensure the maintenance over time of
67.32wind turbines;
67.33 (4) creating market opportunities for utilities to meet their renewable energy standard
67.34obligations through purchases from rural community wind projects;
67.35 (5) assisting in negotiating fair power purchase agreements;
68.1 (6) facilitating transmission interconnection and delivery of energy from community
68.2wind projects; and
68.3 (7) lowering the market risk facing potential wind investors by supporting all phases
68.4of project development.
68.5 The grantee must demonstrate an ability to sustain program functions with ongoing
68.6revenue from sources other than state funding and shall provide a 35 percent grant match.
68.7The grant must be awarded on a competitive basis. The center must use best practices
68.8regarding grant management functions, including selection and monitoring of the grantee,
68.9compliance review, and financial oversight. Grant management fees are limited to 2.5
68.10percent of the grant.
68.11 Sec. 12.
UNIFORM CODES AND STANDARDS FOR HYDROGEN, FUEL
68.12CELLS, AND RELATED TECHNOLOGIES; RECOMMENDATIONS AND
68.13REPORT.
68.14 (a) The commissioner of labor and industry, in consultation with the Department of
68.15Commerce and other relevant public and private interests, shall develop recommendations
68.16regarding the adoption of uniform codes and standards for hydrogen infrastructure, fuel
68.17cells, and related technologies, and report those recommendations to the legislature by
68.18December 31, 2008.
68.19 (b) The goal of the recommendations is to have all regulatory jurisdictions in the
68.20state have the same safety standards with regard to the production, storage, transportation,
68.21distribution, and use of hydrogen, fuel cells, and related technologies. The commissioner's
68.22recommendations must, without limitation, include:
68.23 (1) codes and standards that already exist for hydrogen, fuel cells, and related
68.24technologies, and how the state should formalize their use;
68.25 (2) codes and standards still under development by various official standard-making
68.26bodies;
68.27 (3) gaps between existing codes and standards, those under development, and those
68.28that may still be needed but are not yet being developed;
68.29 (4) the need for, and estimated cost of, additional education and training for
68.30emergency management and code officials;
68.31 (5) any changes needed to environmental and other permitting processes to
68.32accommodate the commercialization of hydrogen, fuel cells, and related technologies; and
68.33 (6) recommendations on appropriate codes and standards for educational and
68.34research institutions.
68.35 Sec. 13.
HYDROGEN REFUELING STATION GRANTS.
69.1 In addition to the purposes specified in Laws 2005, chapter 97, article 13, section
69.24, for which the commissioner of commerce may make grants, the commissioner may
69.3make grants under that law for the purpose of developing, deploying, and encouraging
69.4commercially promising renewable hydrogen production systems and hydrogen end
69.5uses in partnership with industry. The authority of the commissioner to make grants
69.6and assessments under Laws 2005, chapter 97, article 13, section 4, continues until the
69.7authorized grants and assessments are made.
69.8 Sec. 14.
OFF-SITE RENEWABLE DISTRIBUTED GENERATION.
69.9 The commissioner of commerce shall convene a broad group of interested
69.10stakeholders to evaluate the feasibility and potential for the interconnection and parallel
69.11operation of off-site renewable distributed generation in a manner consistent with
69.12Minnesota Statutes, sections 216B.37 to 216B.43, and shall issue recommendations to
69.13the chairs of the house of representatives and senate committees with jurisdiction over
69.14energy issues by February 1, 2008.
69.17 Section 1.
BIOFUEL PERMITTING REPORT.
69.18 By January 15, 2008, the Pollution Control Agency, the commissioner of natural
69.19resources, and the Environmental Quality Board shall report to the house of representatives
69.20and senate committees and divisions with jurisdiction over agriculture and environment
69.21policy and budget on the process to issue permits for biofuel production facilities. The
69.22report shall include:
69.23 (1) information on the timing of the permits and measures taken to improve the
69.24timing of the permitting process;
69.25 (2) recommended changes to statutes, rules, or procedures to improve the biofuel
69.26facility permitting process and reduce the groundwater needed for production; and
69.27 (3) other information or analysis that may be helpful in understanding or improving
69.28the biofuel production facility permitting process.
69.29EFFECTIVE DATE.This section is effective the day following final enactment.
69.30 Sec. 2.
DEFINITIONS.
69.31 Subdivision 1. Terrestrial carbon sequestration. "Terrestrial carbon sequestration"
69.32means the long-term storage of carbon in soil and vegetation to prevent its collection in
69.33the atmosphere as carbon dioxide.
70.1 Subd. 2. Geologic carbon sequestration. "Geologic carbon sequestration" means
70.2injecting carbon dioxide into underground geologic formations where it can be stored for
70.3long periods of time to prevent its escape to the atmosphere.
70.4 Sec. 3.
TERRESTRIAL CARBON SEQUESTRATION ACTIVITIES.
70.5 Subdivision 1. Study; scope. The Board of Regents of the University of Minnesota
70.6is requested to conduct a study assessing the potential capacity for carbon sequestration in
70.7Minnesota's terrestrial systems. The study must:
70.8 (1) conduct a statewide inventory and construct a database of lands across several
70.9land types, such as forests, agricultural lands, peatlands, and wetlands, that have the
70.10potential to sequester significant quantities of carbon and of lands that currently contain
70.11large stocks of carbon that are at risk of being emitted to the atmosphere as a result of
70.12changes in land use and climate;
70.13 (2) quantify the ability of various land use practices, such as the growth of different
70.14species of crops, grasses, and trees, to sequester carbon and their impacts on other
70.15ecological services of value, including air and water quality, biodiversity, and wildlife
70.16habitat;
70.17 (3) identify a network of benchmark monitoring sites to measure the impact of
70.18long-term, large-scale factors, such as changes in climate, carbon dioxide levels, and land
70.19use, on the terrestrial carbon sequestration capacity of various land types, to improve
70.20understanding of carbon-terrestrial interactions and dynamics;
70.21 (4) identify long-term demonstration projects to measure the impact of deliberate
70.22sequestration practices, including the establishment of biofuel production systems, on
70.23forest, agricultural, wetland, and prairie ecosystems; and
70.24 (5) evaluate current state policies and programs that affect the levels of terrestrial
70.25sequestration on public and private lands and identify gaps and recommend policy changes
70.26to increase sequestration rates.
70.27 Subd. 2. Coordination of terrestrial carbon sequestration activities. Planning
70.28and implementation of the study described in subdivision 1 will be coordinated by
70.29the Minnesota Terrestrial Carbon Sequestration Initiative, a task force consisting of
70.30representatives from the University of Minnesota, the Department of Agriculture, the
70.31Board of Water and Soil Resources, the Department of Commerce, the Department
70.32of Natural Resources, and the Pollution Control Agency and agricultural, forestry,
70.33conservation, and business stakeholders.
70.34 Subd. 3. Contracting. The University of Minnesota may contract with another
70.35party to perform any of the tasks listed in subdivision 1.
71.1 Subd. 4. Report. The commissioner of natural resources must submit a report
71.2with the results of the study to the senate and house of representatives committees with
71.3jurisdiction over environmental and energy policies no later than February 1, 2008.
71.4 Sec. 4.
GEOLOGIC CARBON SEQUESTRATION ASSESSMENT.
71.5 Subdivision 1. Study; scope. (a) The Minnesota Geological Survey shall conduct
71.6a study assessing the potential capacity for geologic carbon sequestration in the
71.7Midcontinent Rift system in Minnesota. The study must assess the potential of porous
71.8and permeable sandstone layers deeper than one kilometer below the surface that are
71.9capped by less permeable shale and must identify potential risks to carbon storage, such
71.10as areas of low permeability in injection zones, low storage capacity, and potential seal
71.11failure. The study must identify the most promising formations and geographic areas for
71.12physical analysis of carbon sequestration potential. The study must review geologic
71.13maps, published reports and surveys, and any relevant unpublished raw data with respect
71.14to attributes that are pertinent for the long-term sequestration of carbon in geologic
71.15formations, in particular, those that bear on formation injectivity, capacity, and seal
71.16effectiveness. The study must examine the following characteristics of key sedimentary
71.17units within the Midcontinent Rift system in Minnesota:
71.18 (1) likely depth, temperature, and pressure;
71.19 (2) physical properties, including the ability to contain and transmit fluids;
71.20 (3) the type of rocks present;
71.21 (4) structure and geometry, including folds and faults; and
71.22 (5) hydrogeology, including water chemistry and water flow.
71.23 (b) The commissioner of natural resources, in consultation with the Minnesota
71.24Geological Survey, shall contract for a study to estimate the properties of the Midcontinent
71.25Rift system in Minnesota, as described in paragraph (a), clauses (1) to (5), through the
71.26use of computer models developed for similar geologic formations located outside of
71.27Minnesota which have been studied in greater detail.
71.28 Subd. 2. Consultation. The Minnesota Geological Survey shall consult with the
71.29Minnesota Mineral Coordinating Committee, established in Minnesota Statutes, section
71.3093.0015, in planning and implementing the study design.
71.31 Subd. 3. Report. The commissioner of natural resources must submit a report
71.32with the results of the study to the senate and house of representatives committees with
71.33jurisdiction over environmental and energy policies no later than February 1, 2008.
71.34 Sec. 5.
STAY EXTENDED; DRY CASK STORAGE AT MONTICELLO.
72.1 The stay of a Public Utilities Commission decision to approve an application for
72.2a certificate of need for additional dry cask storage at the Monticello nuclear power
72.3generating facility, imposed under Minnesota Statutes, section 116C.83, subdivision 3,
72.4is extended until June 1, 2008.
72.5EFFECTIVE DATE.This section is effective the day following final enactment.
72.7HEATING ASSISTANCE AND UTILITIES
72.8 Section 1.
[216B.091] MONTHLY REPORTS.
72.9 (a) Each public utility must report the following data on residential customers to the
72.10commission monthly, in a format determined by the commission:
72.11 (1) number of customers;
72.12 (2) number and total amount of accounts past due;
72.13 (3) average customer past due amount;
72.14 (4) total revenue received from the low-income home energy assistance program and
72.15other sources contributing to the bills of low-income persons;
72.16 (5) average monthly bill;
72.17 (6) total sales revenue;
72.18 (7) total write-offs due to uncollectible bills;
72.19 (8) number of disconnection notices mailed;
72.20 (9) number of accounts disconnected for nonpayment;
72.21 (10) number of accounts reconnected to service; and
72.22 (11) number of accounts that remain disconnected, grouped by the duration of
72.23disconnection, as follows:
72.24 (i) 1-30 days;
72.25 (ii) 31-60 days; and
72.26 (iii) more than 60 days.
72.27 (b) Monthly reports for October through April must also include the following data:
72.28 (1) number of cold weather protection requests;
72.29 (2) number of payment arrangement requests received and granted;
72.30 (3) number of right to appeal notices mailed to customers;
72.31 (4) number of reconnect request appeals withdrawn;
72.32 (5) number of occupied heat-affected accounts disconnected for 24 hours or more
72.33for electric and natural gas service separately;
72.34 (6) number of occupied non-heat-affected accounts disconnected for 24 hours or
72.35more for electric and gas service separately;
72.36 (7) number of customers granted cold weather rule protection;
73.1 (8) number of customers disconnected who did not request cold weather rule
73.2protection; and
73.3 (9) number of customers disconnected who requested cold weather rule protection.
73.4 (c) The data reported under paragraphs (a) and (b) is presumed to be accurate upon
73.5submission and must be made available through the commission's electronic filing system.
73.6 Sec. 2.
[216B.0951] PROPANE PREPURCHASE PROGRAM.
73.7 Subdivision 1. Establishment. The commissioner of commerce shall operate, or
73.8contract to operate, a propane fuel prepurchase fuel program. The commissioner may
73.9contract at any time of the year to purchase the lesser of one-third of the liquid propane
73.10fuel consumed by low-income home energy assistance program recipients during the
73.11previous heating season or the amount that can be purchased with available funds. The
73.12propane fuel prepurchase program must be available statewide through each local agency
73.13that administers the energy assistance program. The commissioner may decide to limit or
73.14not engage in prepurchasing if the commissioner finds that there is a reasonable likelihood
73.15that prepurchasing will not provide fuel-cost savings.
73.16 Subd. 2. Hedge account. The commissioner may establish a hedge account with
73.17realized program savings due to prepurchasing. The account must be used to compensate
73.18program recipients an amount up to the difference in cost for fuel provided to the recipient
73.19if winter-delivered fuel prices are lower than the prepurchase or summer-fill price. No
73.20more than ten percent of the aggregate prepurchase program savings may be used to
73.21establish the hedge account.
73.22 Subd. 3. Report. The Department of Commerce shall issue a report by June 30,
73.232008, made available electronically on its Web site and in print upon request, that contains
73.24the following information:
73.25 (1) the cost per gallon of prepurchased fuel;
73.26 (2) the total gallons of fuel prepurchased;
73.27 (3) the average cost of propane each month between October and the following April;
73.28 (4) the number of energy assistance program households receiving prepurchased
73.29fuel; and
73.30 (5) the average savings accruing or benefit increase provided to energy assistance
73.31households.
73.32 Sec. 3. Minnesota Statutes 2006, section 216B.097, subdivision 1, is amended to read:
73.33 Subdivision 1.
Application; notice to residential customer. (a) A municipal utility
73.34or a cooperative electric association must not disconnect
and must reconnect the utility
73.35service of a residential customer during the period between October 15 and April 15 if
74.1the disconnection affects the primary heat source for the residential unit
when and all of
74.2the following conditions are met:
74.3 (1)
the customer has declared inability to pay on forms provided by the utility. For
74.4the purposes of this clause, a customer that is receiving energy assistance is deemed
74.5to have demonstrated an inability to pay;
74.6 (2) The household income of the customer is
less than at or below 50 percent of the
74.7state median
household income
;. A municipal utility or cooperative electric association
74.8utility may (i) verify income on forms it provides or (ii) obtain
74.9 (3) verification of income
may be conducted by from the local energy assistance
74.10provider
or the utility, unless the. A customer is
deemed automatically eligible for to meet
74.11the income requirements of this clause protection against disconnection as a recipient of
74.12if the customer receives any form of public assistance, including energy assistance
, that
74.13uses
an income eligibility
in an amount threshold set at or below
the income eligibility in
74.14clause (2) 50 percent of the state median household income;
74.15 (4) (2) A customer
whose account is current for the billing period immediately prior
74.16to October 15 or who, at any time, enters into
and makes reasonably timely payments
74.17under a payment
schedule agreement that considers the financial resources of the
74.18household
and is reasonably current with payments under the schedule; and
74.19 (5) the (3) A customer receives referrals to energy assistance
programs,
74.20weatherization, conservation, or other programs likely to reduce the customer's energy
74.21bills.
74.22 (b) A municipal utility or a cooperative electric association must, between August
74.2315 and October 15
of each year, notify all residential customers of the provisions of this
74.24section.
74.25 Sec. 4. Minnesota Statutes 2006, section 216B.097, subdivision 3, is amended to read:
74.26 Subd. 3.
Restrictions if disconnection necessary. (a) If a residential customer must
74.27be involuntarily disconnected between October 15 and April 15 for failure to comply with
74.28the provisions of subdivision 1, the disconnection must not occur
:
74.29 (1) on a Friday
or on the day before a holiday, unless the customer declines to enter
74.30into a payment agreement offered that day in person or via personal contact by telephone
74.31by a municipal utility or cooperative electric association;
74.32 (2) on a weekend, holiday, or the day before a holiday;
74.33 (3) when utility offices are closed; or
74.34 (4) after the close of business on a day when disconnection is permitted, unless
74.35a field representative of a municipal utility or cooperative electric association who is
75.1authorized to enter into a payment agreement, accept payment, and continue service,
75.2offers a payment agreement to the customer.
75.3Further, the disconnection must not occur until at least 20 days after the notice required
75.4in subdivision 2 has been mailed to the customer or 15 days after the notice has been
75.5personally delivered to the customer.
75.6 (b) If a customer does not respond to a disconnection notice, the customer must
75.7not be disconnected until the utility investigates whether the residential unit is actually
75.8occupied. If the unit is found to be occupied, the utility must immediately inform the
75.9occupant of the provisions of this section. If the unit is unoccupied, the utility must give
75.10seven days' written notice of the proposed disconnection to the local energy assistance
75.11provider before making a disconnection.
75.12 (c) If, prior to disconnection, a customer appeals a notice of involuntary
75.13disconnection, as provided by the utility's established appeal procedure, the utility must
75.14not disconnect until the appeal is resolved.
75.15 Sec. 5. Minnesota Statutes 2006, section 216B.098, subdivision 4, is amended to read:
75.16 Subd. 4.
Undercharges. (a) A utility shall offer a payment agreement to customers
75.17who have been undercharged if no culpable conduct by the customer or resident of
75.18the customer's household caused the undercharge. The agreement must cover a period
75.19equal to the time over which the undercharge occurred or a different time period that is
75.20mutually agreeable to the customer and the utility
, except that the duration of a payment
75.21agreement offered by a utility to a customer whose household income is at or below 50
75.22percent of state median household income must consider the financial circumstances of
75.23the customer's household.
75.24 (b) No interest or delinquency fee may be charged
under this as part of an
75.25undercharge agreement
under this subdivision.
75.26 (c) If a customer inquiry or complaint results in the utility's discovery of the
75.27undercharge, the utility may bill for undercharges incurred after the date of the inquiry
75.28or complaint only if the utility began investigating the inquiry or complaint within a
75.29reasonable time after when it was made.
75.30 Sec. 6. Minnesota Statutes 2006, section 216B.16, subdivision 10, is amended to read:
75.31 Subd. 10.
Intervenor payment compensation. (a) An organization or individual
75.32granted formal intervenor status by the commission is eligible to receive compensation.
75.33 (b) The commission may order a utility to
pay all or a portion of a party's intervention
75.34 compensate all or part of an eligible intervenor's reasonable costs
not to exceed $20,000
75.35per intervenor in any proceeding of participation in a general rate case that comes before
75.36the commission when the commission finds that the intervenor has materially assisted
76.1the commission's deliberation
and the intervenor has insufficient financial resources to
76.2afford the costs of intervention and when a lack of compensation would present financial
76.3hardship to the intervenor. Compensation may not exceed $50,000 for a single intervenor
76.4in any proceeding. For the purpose of this subdivision, "materially assisted" means that
76.5the intervenor's participation and presentation was useful and seriously considered, or
76.6otherwise substantially contributed to the commission's deliberations in the proceeding.
76.7 (c) In determining whether an intervenor has materially assisted the commission's
76.8deliberation, the commission must consider, at a minimum, whether:
76.9 (1) the intervenor represented an interest that would not otherwise have been
76.10adequately represented;
76.11 (2) the evidence or arguments presented or the positions taken by the intervenor
76.12were an important factor in producing a fair decision;
76.13 (3) the intervenor's position promoted a public purpose or policy;
76.14 (4) the evidence presented, arguments made, issues raised, or positions taken by the
76.15intervenor would not have been a part of the record without the intervenor's participation;
76.16and
76.17 (5) the administrative law judge or the commission adopted, in whole or in part, a
76.18position advocated by the intervenor.
76.19 (d) In determining whether the absence of compensation would present financial
76.20hardship to the intervenor, the commission must consider:
76.21 (1) whether the costs presented in the intervenor's claim reflect reasonable fees for
76.22attorneys and expert witnesses and other reasonable costs; and
76.23 (2) the ratio between the costs of intervention and the intervenor's unrestricted funds.
76.24 (e) An intervenor seeking compensation must file a request and an affidavit of service
76.25with the commission, and serve a copy of the request on each party to the proceeding.
76.26The request must be filed 30 days after the later of (1) the expiration of the period within
76.27which a petition for rehearing, amendment, vacation, reconsideration, or reargument must
76.28be filed or (2) the date the commission issues an order following rehearing, amendment,
76.29vacation, reconsideration, or reargument.
76.30 (f) The compensation request must include:
76.31 (1) the name and address of the intervenor or representative of the nonprofit
76.32organization the intervenor is representing;
76.33 (2) if necessary, proof of the organization's nonprofit, tax-exempt status;
76.34 (3) the name and docket number of the proceeding for which compensation is
76.35requested;
77.1 (4) a list of actual annual revenues and expenses of the organization the intervenor is
77.2representing for the preceding year and projected revenues, revenue sources, and expenses
77.3for the current year;
77.4 (5) the organization's balance sheet for the preceding year and a current monthly
77.5balance sheet;
77.6 (6) an itemization of intervenor costs and the total compensation request; and
77.7 (7) a narrative explaining why additional organizational funds cannot be devoted
77.8to the intervention.
77.9 (g) Within 30 days after service of the request for compensation, a party may file
77.10a response, together with an affidavit of service, with the commission. A copy of the
77.11response must be served on the intervenor and all other parties to the proceeding.
77.12 (h) Within 15 days after the response is filed, the intervenor may file a reply with
77.13the commission. A copy of the reply and an affidavit of service must be served on all
77.14other parties to the proceeding.
77.15 (i) If additional costs are incurred as a result of additional proceedings following
77.16the commission's initial order, the intervenor may file an amended request within 30
77.17days after the commission issues an amended order. Paragraphs (e) to (h) apply to an
77.18amended request.
77.19 (j) The commission must issue a decision on intervenor compensation within 60
77.20days of a filing by an intervenor.
77.21 (k) A party may request reconsideration of the commission's compensation decision
77.22within 30 days of the decision.
77.23 (l) If the commission issues an order requiring payment of intervenor compensation,
77.24the utility that was the subject of the proceeding must pay the compensation to the
77.25intervenor, and file with the commission proof of payment, within 30 days after the later
77.26of (1) the expiration of the period within which a petition for reconsideration of the
77.27commission's compensation decision must be filed or (2) the date the commission issues
77.28an order following reconsideration of its order on intervenor compensation.
77.29 Sec. 7. Minnesota Statutes 2006, section 216B.16, subdivision 15, is amended to read:
77.30 Subd. 15.
Low-income affordability programs. (a) The commission
may must
77.31consider ability to pay as a factor in setting utility rates and may establish
affordability
77.32programs for low-income residential ratepayers in order to ensure affordable, reliable, and
77.33continuous service to low-income utility customers.
By September 1, 2007, a public
77.34utility serving low-income residential ratepayers who use natural gas for heating must
77.35file an affordability program with the commission. For purposes of this subdivision,
78.1"low-income residential ratepayers" means ratepayers who receive energy assistance from
78.2the low-income home energy assistance program (LIHEAP).
78.3 (b)
The purpose of the low-income programs is to Any affordability program the
78.4commission orders a utility to implement must:
78.5 (1) lower the percentage of income that
participating low-income households devote
78.6to energy bills
, to;
78.7 (2) increase
participating customer payments
, and to over time by increasing the
78.8frequency of payments;
78.9 (3) decrease or eliminate participating customer arrears;
78.10 (4) lower the utility costs associated with customer account collection activities
; and
78.11 (5) coordinate the program with other available low-income bill payment assistance
78.12and conservation resources.
78.13In ordering
low-income affordability programs, the commission may require public
78.14utilities to file program evaluations
, including the coordination of other available
78.15low-income bill payment and conservation resources and that measure the effect of the
78.16affordability program on:
78.17 (1)
reducing the percentage of income that participating households devote to energy
78.18bills;
78.19 (2) service disconnections; and
78.20 (3)
frequency of customer
payment behavior payments, utility collection costs,
78.21arrearages, and bad debt.
78.22 (c) The commission must issue orders necessary to implement, administer, and
78.23evaluate affordability programs, and to allow a utility to recover program costs, including
78.24administrative costs, on a timely basis. The commission may not allow a utility to recover
78.25administrative costs, excluding start-up costs, in excess of five percent of total program
78.26costs, or program evaluation costs in excess of two percent of total program costs. The
78.27commission must permit deferred accounting, with carrying costs, for recovery of program
78.28costs incurred during the period between general rate cases.
78.29 (d) Public utilities may use information collected or created for the purpose of
78.30administering energy assistance to administer affordability programs.
78.31 Sec. 8.
REPEALER.
78.32Minnesota Rules, parts 7831.0100; 7831.0200; 7831.0300; 7831.0400; 7831.0500;
78.337831.0600; 7831.0700; and 7831.0800, are repealed as they pertain to a general rate case
78.34for a gas or electric utility held before the commission."
78.35Delete the title and insert:
79.1relating to energy finance; appropriating money for activities of Departments
79.2of Commerce, Natural Resources, and Health, Pollution Control Agency, and
79.3Public Utilities Commission; providing for grants and fund transfers; modifying
79.4or adding provisions relating to financial institutions, investments of health
79.5savings accounts, mortgage originators, the Vehicle Protection Product Act,
79.6long-term care insurance, automobile insurance, an electronic licensing system
79.7and technology fees, allowable forms of collateral, securities regulation, charges
79.8billed by licensed health professionals, allocation of petroleum inspection fee
79.9for low-income weatherization assistance, delivery of home heating fuel, debt
79.10management services, the state energy city, energy savings, renewable energy
79.11research, a renewable hydrogen initiative, the Legislative Electric Energy Task
79.12Force, Clean Energy Resource Teams, rural wind energy, renewable energy
79.13studies and reports, standards for hydrogen and fuel cells, hydrogen refueling
79.14stations, off-site renewable distributed generation, biofuel production permits,
79.15terrestrial and geologic carbon sequestration, dry cask storage at a nuclear
79.16power plant, utility charges and residential customers, a propane prepurchase
79.17program, and intervenor compensation for participants in proceedings before
79.18the Public Utilities Commission; requiring studies and reports; providing
79.19civil penalties; making technical and clarifying changes;amending Minnesota
79.20Statutes 2006, sections 13.712, by adding a subdivision; 45.011, subdivision 1;
79.2146.04, subdivision 1; 46.05; 46.131, subdivision 2; 47.19; 47.59, subdivision
79.226; 47.60, subdivision 2; 47.62, subdivision 1; 47.75, subdivision 1; 48.15,
79.23subdivision 4; 58.04, subdivisions 1, 2; 58.05; 58.06, subdivision 2, by adding a
79.24subdivision; 58.08, subdivision 3; 58.10, subdivision 1; 60K.55, subdivision 2;
79.2565B.44, subdivisions 2, 3, 4, 5; 65B.47, subdivision 7; 65B.54, subdivision 1,
79.26by adding a subdivision; 80A.28, subdivision 1; 80A.65, subdivision 1; 82.24,
79.27subdivisions 1, 4; 82B.09, subdivision 1; 118A.03, subdivision 2; 148.102, by
79.28adding a subdivision; 216B.097, subdivisions 1, 3; 216B.098, subdivision 4;
79.29216B.16, subdivisions 10, 15; 216B.241, subdivision 6; 216B.812, subdivisions
79.301, 2; 216C.051, subdivisions 2, 9; 239.101, subdivision 3; 325E.311, subdivision
79.316; 325N.01; 332.54, subdivision 7; proposing coding for new law in Minnesota
79.32Statutes, chapters 1; 16C; 45; 58; 60K; 216B; 216C; 325E; proposing coding
79.33for new law as Minnesota Statutes, chapters 59C; 332A; repealing Minnesota
79.34Statutes 2006, sections 46.043; 47.62, subdivision 5; 58.08, subdivision 1;
79.35332.12; 332.13; 332.14; 332.15; 332.16; 332.17; 332.18; 332.19; 332.20; 332.21;
79.36332.22; 332.23; 332.24; 332.25; 332.26; 332.27; 332.28; 332.29; Minnesota
79.37Rules, parts 7831.0100; 7831.0200; 7831.0300; 7831.0400; 7831.0500;
79.387831.0600; 7831.0700; 7831.0800."