Bill Text: MN SF2446 | 2013-2014 | 88th Legislature | Engrossed

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Bill Title: Commerce department obsolete, unnecessary or redundant laws and rules elimination and provisions modifications

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Enrolled - Dead) 2014-05-15 - Presented to Governor [SF2446 Detail]

Download: Minnesota-2013-SF2446-Engrossed.html

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A bill for an act

relating to commerce; removing or modifying obsolete, unnecessary, or
redundant laws and rules administered by the Department of Commerce; making
conforming changes;amending Minnesota Statutes 2012, sections 16D.04,
subdivisions 1, 4; 45.0111, subdivision 2; 45.22; 45.23; 46.046, by adding
a subdivision; 47.20, subdivision 7; 47.325; 47.78; 48.93, subdivisions 1, 3;
53A.06; 56.131, subdivision 1; 56.14; 58.115; 59C.10, subdivision 2; 60A.131;
60K.361; 72B.03; 72B.041, subdivision 1; 72B.08, subdivision 1; 82.60,
subdivisions 1, 5; 82.63, subdivision 6; 82A.03; 82A.04, subdivision 2; 82A.05,
subdivision 6; 82A.08, subdivision 1; 82A.09, subdivision 2; 82A.10; 82A.11,
subdivision 2; 82A.111, subdivision 2; 82A.12, subdivision 1; 82A.14; 82A.22,
subdivision 2; 82A.25; 82A.26; 83.26, subdivision 2; 83.30, subdivision 1;
115C.113; 115C.13; 239.011, subdivision 2; 239.06; 239.081; 239.09; 239.091;
239.44; 239.46; 239.75, subdivision 1; 239.753; 239.80, subdivision 1; 325E.11;
325E.115, subdivision 2; 332.31, subdivision 1; 332.311; 332.33, subdivisions 1,
2, 3, 5, 5a, 7; 332.38; 332.39; 332.40, subdivisions 1, 2, 3; 332.42, subdivisions
1, 2; 332.44; 386.015, subdivision 5; 386.62; 386.65, subdivision 1; 386.705;
386.706; 386.73; 386.74; 386.76; Minnesota Statutes 2013 Supplement, sections
82A.06, subdivision 2; 82A.13, subdivision 1; repealing Minnesota Statutes 2012,
sections 13.713, subdivision 4; 45.0111; 45.42, subdivision 1; 46.045, subdivision
2; 46.047; 48.34; 53A.081; 56.001, subdivisions 5, 6; 60A.18; 62A.319; 72A.53;
72B.02, subdivision 8; 80C.30; 81A.08; 81A.18; 82.60, subdivisions 2, 3, 4;
82.63, subdivisions 7, 9, 10; 82A.04; 82A.07; 82A.08; 82A.11, subdivision 2;
82A.111, subdivision 5; 82A.13, subdivision 3; 82A.18, subdivision 3; 82A.22,
subdivisions 1, 3; 82A.24, subdivision 5; 115C.111; 239.002; 239.003; 239.012;
239.101, subdivision 4; 239.28; 239.29; 239.30; 239.31; 239.35; 239.36; 239.51;
239.511; 239.53; 239.54; 239.80, subdivisions 2, 3; 332.45; 386.61, subdivisions
1, 2, 4; Minnesota Statutes 2013 Supplement, sections 82.63, subdivision
8; 82A.06, subdivision 2; Minnesota Rules, parts 2782.0200; 2782.0300;
2782.0400; 2782.0500; 2782.0600; 2782.0700; 2782.0800; 2795.2000;
2830.0010; 2830.0020; 2830.0030; 2830.0040; 2830.0050; 2830.0060;
2830.0070; 2830.0080; 2830.0090; 2830.0100; 2870.0100; 2870.1100;
2870.1200; 2870.1400; 2870.1700; 2870.1800; 2870.1900; 2870.2000;
2870.2100; 2870.2200; 2870.2300; 2870.3100; 2870.3200; 2870.3300;
2870.3400; 2870.3500; 2870.3600; 2870.3700; 2870.3800; 2870.3900;
2870.4000; 2870.4100; 2870.5100; 7601.7010; 7601.7090, subpart 3; 7602.0100.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

ARTICLE 1

OBSOLETE, UNNECESSARY, OR REDUNDANT PROVISIONS

    Section 1. Minnesota Statutes 2012, section 45.22, is amended to read:
45.22 LICENSE EDUCATION APPROVAL.
License education courses must be approved in advance by the commissioner.
Each education provider who offers a license education course must be approved by the
commissioner. Each approved education provider must have at least one coordinator who
meets the criteria specified in this chapter, and who is responsible for supervising the
educational program and assuring compliance with all laws and rules.
For courses with an initial approval date on or before December 31, 2000, approval
will expire on April 30, 2006. For courses with an initial approval date after January 1,
2001, but before August 1, 2005, approval will expire on April 30, 2007.

    Sec. 2. Minnesota Statutes 2012, section 45.23, is amended to read:
45.23 LICENSE EDUCATION FEES.
The following fees must be paid to the commissioner:
(1) initial course approval, $10 for each hour or fraction of one hour of education
course approval sought. Initial course approval expires on the last day of the 24th month
after the course is approved;
(2) renewal of course approval, $10 per course. Renewal of course approval expires
on the last day of the 24th month after the course is renewed;
(3) initial education provider approval, $100. Initial education provider approval
issued under this section is valid for a period not to exceed 24 months and expires on
January 31 of the renewal year assigned by the commissioner. Active education providers
who have at least one approved coordinator as of June 1, 2006, are deemed to be approved
education providers and are not required to submit an initial application for education
provider approval; and
(4) renewal of education provider approval, $10. Each renewal of education
provider approval is valid for a period of 24 months. Active education providers who have
at least one approved coordinator as of June 1, 2006, will have an expiration date of
January 31, 2008.

    Sec. 3. Minnesota Statutes 2012, section 46.046, is amended by adding a subdivision
to read:
    Subd. 2a. Banking institution. "Banking institution" means a bank, trust company,
bank and trust company, savings bank, or industrial loan and thrift operating under section
53.04, subdivision 5, that is organized under the laws of this state, or a holding company
which owns or otherwise controls the banking institution.

    Sec. 4. Minnesota Statutes 2012, section 47.20, subdivision 7, is amended to read:
    Subd. 7. Discount points prohibited. (1) No conventional loan made on or
after the effective date of Laws 1977, chapter 350 and prior to May 31, 1979 shall
contain a provision requiring or permitting the imposition, directly or indirectly, of any
discount points, whether or not actually denominated as discount points, on any person.
Conventional or cooperative apartment loans made on or after May 31, 1979 may contain
provisions permitting discount points, if the loan does not provide a loan yield in excess of
that permitted by subdivision 4a. The loan yield is computed using the amount resulting
when the discount points are included in the finance charge.
(2) Forward commitment fees are not discount points within the meaning of this
subdivision.
(3) No charges, fees, or sums permitted by this section which are paid to and received
by a lender may be increased for purposes of evading compliance with this subdivision.

    Sec. 5. Minnesota Statutes 2012, section 47.325, is amended to read:
47.325 APPEAL AND JUDICIAL REVIEW.
A savings bank aggrieved by any action or inaction of the commissioner under
sections 47.27 to 47.30 may appeal under sections 14.63 to 14.69. The scope of judicial
review in the proceedings is as provided in those sections.

    Sec. 6. Minnesota Statutes 2012, section 53A.06, is amended to read:
53A.06 FINE, SUSPENSION, OR REVOCATION OF LICENSE.
(a) The commissioner may suspend or revoke any license under section 45.027 if,
including when the commissioner finds that:
(1) the licensee has failed to pay the annual license fee or to maintain in effect the
required bond or to comply with any order, decision, or finding of the commissioner
under this chapter;
(2) the licensee, or any officer or director of a corporate licensee, has violated any
provision of this chapter or any rule or order of the commissioner under this chapter
or chapter 45;
(3) the licensee, or any officer or director of a corporate licensee, has violated any
other law which would indicate that the person is untrustworthy or not qualified to operate
a currency exchange; or
(4) any fact or condition exists which, if it had existed at the time of the original or
renewal application for the license, would have warranted the commissioner refusing the
issuance of the license.
(b) A license may not be revoked until the licensee has had notice of a hearing
pursuant to the provisions of chapter 14.
(c) (b) A licensee may surrender any license by delivery to the commissioner. The
surrender does not affect the licensee's civil or criminal liability for acts committed before
the surrender, or affect the liability on the bond required by sections 53A.01 to 53A.13, or
entitle the licensee to a return of any part of any license fee.
(d) (c) Before suspension or revocation of the license, the commissioner may fine a
licensee for violations of this chapter as authorized under chapter 45.

    Sec. 7. Minnesota Statutes 2012, section 56.131, subdivision 1, is amended to read:
    Subdivision 1. Interest rates and charges. (a) On any loan in a principal amount
not exceeding $100,000 or 15 percent of a Minnesota corporate licensee's capital stock
and surplus as defined in section 53.015, if greater, a licensee may contract for and receive
interest, finance charges, and other charges as provided in section 47.59.
(b) Loans may be interest-bearing or precomputed.
(c) Notwithstanding section 47.59 to the contrary, to compute time on interest-bearing
and precomputed loans, including, but not limited to the calculation of interest, a day is
considered 1/30 of a month when calculation is made for a fraction of a calendar month. A
year is 12 calendar months. A calendar month is that period from a given date in one month
to the same numbered date in the following month, and if there is no same numbered date,
to the last day of the following month. When a period of time includes a whole month and
a fraction of a month, the fraction of a month is considered to follow the whole month.
In the alternative, for interest-bearing loans, a licensee may charge interest at the rate
of 1/365 of the agreed annual rate for each actual day elapsed.
(d) With respect to interest-bearing loans and notwithstanding section 47.59:
(1) Interest must be computed on unpaid principal balances outstanding from time to
time, for the time outstanding. Each payment must be applied first to the accumulated
interest and the remainder of the payment applied to the unpaid principal balance;
provided however, that if the amount of the payment is insufficient to pay the accumulated
interest, the unpaid interest continues to accumulate to be paid from the proceeds of
subsequent payments and is not added to the principal balance.
(2) Interest must not be payable in advance or compounded. However, if part or all of
the consideration for a new loan contract is the unpaid principal balance of a prior loan, then
the principal amount payable under the new loan contract may include any unpaid interest
which has accrued. The unpaid principal balance of a precomputed loan is the balance due
after refund or credit of unearned interest as provided in paragraph (e), clause (3). The
resulting loan contract is deemed a new and separate loan transaction for all purposes.
(e) With respect to precomputed loans and notwithstanding section 47.59 to the
contrary:
(1) Loans must be repayable in substantially equal and consecutive monthly
installments of principal and interest combined, except that the first installment period
may be more or less than one month by not more than 15 days, and the first installment
payment amount may be larger than the remaining payments by the amount of interest
charged for the extra days and must be reduced by the amount of interest for the number
of days less than one month to the first installment payment; and monthly installment
payment dates may be omitted to accommodate borrowers with seasonal income.
(2) Payments may be applied to the combined total of principal and precomputed
interest until the loan is fully paid. Payments must be applied in the order in which they
become due.
(3) If the maturity of the loan is accelerated for any reason and judgment is entered,
the licensee shall credit the borrower with the same refund as if prepayment in full had
been made on the date the judgment is entered.
(4) Following the final installment as originally scheduled or deferred, the licensee,
for any loan contract which has not previously been converted to interest-bearing under
paragraph (g), may charge interest on any balance remaining unpaid, including unpaid
default or deferment charges, at the single annual percentage rate permitted by this
subdivision until fully paid.
(5) (b) With respect to a loan secured by an interest in real estate, and having a
maturity of more than 60 months, the original schedule of installment payments must
fully amortize the principal and interest on the loan. The original schedule of installment
payments for any other loan secured by an interest in real estate must provide for payment
amounts that are sufficient to pay all interest scheduled to be due on the loan.
(f) (c) A licensee may contract for and collect a delinquency charge as provided for
in section 47.59, subdivision 6, paragraph (a), clause (4).
(g) (d) A licensee may grant extensions, deferments, or conversions to
interest-bearing as provided in section 47.59, subdivision 5.

    Sec. 8. Minnesota Statutes 2012, section 56.14, is amended to read:
56.14 DUTIES OF LICENSEE.
Every licensee shall:
(1) deliver to the borrower (or if there are two or more borrowers to one of them) at
the time any loan is made a statement making the disclosures and furnishing the information
required by the federal Truth-in-Lending Act, United States Code, title 15, sections 1601
to 1667e, as amended from time to time, with respect to the contract of loan. A copy of the
loan contract may be delivered in lieu of a statement if it discloses the required information;
(2) deliver or mail to the borrower without request, a written receipt within 30
days following payment for each payment by coin or currency made on account of any
loan wherein charges are computed and paid on unpaid principal balances for the time
actually outstanding, specifying the amount applied to charges and the amount, if any,
applied to principal, and stating the unpaid principal balance, if any, of the loan; and
wherein precomputed charges have been added to the principal of the loan specifying the
amount of the payment applied to principal and charges combined, the amount applied
to default or extension charges, if any, and stating the unpaid balance, if any, of the
precomputed loan contract. A periodic statement showing a payment received by mail
complies with this clause;
(3) permit payment to be made in advance in any amount on any contract of loan at
any time, but the licensee may apply the payment first to all charges in full at the agreed
rate up to the date of the payment;
(4) upon repayment of the loan in full, mark indelibly every obligation and security,
other than a mortgage or security agreement which secures a new loan to the licensee,
signed by the borrower with the word "Paid" or "Canceled," and release any mortgage
or security agreement which no longer secures a loan to the licensee, restore any pledge,
and cancel and return any note, and any assignment given to the licensee which does not
secure a new loan to the licensee within 20 days after the repayment. For purposes of this
requirement, the document including actual evidence of an obligation or security may be
maintained, stored, and retrieved in a form or format acceptable to the commissioner
under section 46.04, subdivision 3;
(5) display prominently in each licensed place of business a full and accurate
schedule, to be approved by the commissioner, of the charges to be made and the method
of computing the same; furnish a copy of the contract of loan to any person obligated on it
or who may become obligated on it at any time upon the request of that person;
(6) show in the loan contract or statement of loan the rate or rates of charge on which
the charge in the contract is based, expressed in terms of rate or rates per annum. The
rate expression shall be printed in at least 8-point type on the loan statement or copy of
the loan contract given to the borrower;.
(7) if a payment results in the prepayment of three or more installment payments
on a precomputed loan, within 15 days of receipt of the prepayment, deliver or mail to
the borrower a notice in at least eight-point type. The notice must contain the following
statement:
"You have substantially prepaid the installment payments on your loan and may
experience an interest savings over the remaining term only if you refinance the
balance within the next 30 days."

    Sec. 9. Minnesota Statutes 2012, section 58.115, is amended to read:
58.115 EXAMINATIONS.
    The commissioner has under this chapter the same powers with respect to
examinations that the commissioner has under section 46.04, including the authority to
charge for the direct costs of the examination, including travel and per diem expenses.

    Sec. 10. Minnesota Statutes 2012, section 59C.10, subdivision 2, is amended to read:
    Subd. 2. Enforcement authority. The commissioner may take action that is
necessary or appropriate to enforce the provisions of this chapter and the commissioner's
rules and orders and to protect warranty holders in this state. The commissioner has the
enforcement authority in chapter 45 available to enforce the provisions of the chapter and
the rules adopted pursuant to it.

    Sec. 11. Minnesota Statutes 2012, section 60A.131, is amended to read:
60A.131 OTHER BUSINESS AND INSURANCE INTERESTS, DISCLOSURE.
(a) If requested by the commissioner, an insurance company authorized to do
business in this state shall disclose to the commissioner any changes in the principal
management and directors of the company from that listed on page one of the annual
statement within ten days of such change.
(b) Every insurance company authorized to do business in this state shall notify the
commissioner within ten days after receipt of notice of any acquisition by any person,
association or corporation of stock or other equity security in said insurer where such
transaction, directly or indirectly, either involves five percent or more of any class of any
equity security of said insurer, or such acquisition results in ownership of five percent or
more of any equity security of said insurer.
(c) All principal management and directors of the company as listed on page one of
its annual statement, and any person, association or corporation or any person or persons
managing such company under a management contract, who are directly or indirectly the
beneficial owners of more than five percent of any class of any equity security of a stock
insurer or guaranty fund of a mutual insurer, shall disclose all other interests in excess
of five percent which they may have in insurance agencies, other insurance companies,
premium finance companies and any other companies whose principal business relates
directly to the writing of insurance or the handling of claims, within 30 days following
May 21, 1967. Any such interests acquired after May 21, 1967, shall be reported to the
commissioner within 30 days after acquisition thereof.
(d) Every company applying for an initial certificate of authority to do business in this
state shall file with the application a statement giving the information required in paragraph
(c) as to its principal management, directors and affected holders of its equity securities.

    Sec. 12. Minnesota Statutes 2012, section 60K.361, is amended to read:
60K.361 INSURANCE EDUCATION.
    (a) Prelicense education must consist of 20 hours of education per line of authority.
    (b) The course must include an introduction to insurance and insurance-related
concepts covering all of the major lines of authority except variable life and variable
annuities. The course must consist of the following: a curriculum as prescribed and
published by the commissioner from time to time.
    (1) rules, regulations, and law;
    (2) basic fundamentals of insurance;
    (3) property:
    (i) types of policies;
    (ii) policy provisions;
    (iii) perils, exclusions, deductibles, and liability; and
    (iv) evaluating needs;
    (4) casualty:
    (i) types of policies;
    (ii) policy provisions;
    (iii) perils, exclusions, deductibles, and liability; and
    (iv) evaluating needs;
    (5) life:
    (i) types of policies;
    (ii) policy provisions; and
    (iii) group insurance; and
    (6) accident and health:
    (i) types of policies;
    (ii) policy provisions; and
    (iii) group insurance.
    (c) Courses that cover a specific major line of authority must include the following:
    (1) life:
    (i) types of life insurance policies; and
    (ii) Minnesota laws, rules, and regulations pertinent to life insurance;
    (2) accident and health:
    (i) types of health insurance policies; and
    (ii) Minnesota laws, rules, and regulations pertinent to accident and health insurance;
    (3) property:
    (i) personal lines;
    (ii) commercial lines; and
    (iii) Minnesota laws, rules, and regulations pertinent to property insurance.
    (4) casualty:
    (i) personal lines;
    (ii) commercial lines; and
    (iii) Minnesota laws, rules, and regulations pertinent to casualty insurance; and
    (5) personal lines:
    (i) types of property/casualty personal lines insurance policies; and
    (ii) Minnesota laws, rules, and regulations pertinent to property/casualty personal
lines insurance.

    Sec. 13. Minnesota Statutes 2012, section 72B.03, is amended to read:
72B.03 LICENSES.
    Subdivision 1. Requirement; exceptions. (a) A person shall not act or hold out as
an independent adjuster, or public adjuster, or public adjuster solicitor unless the person
is licensed as an independent adjuster, or public adjuster, or public adjuster solicitor in
accordance with this chapter, or is exempt from licensure as an independent adjuster, or
public adjuster, or public adjuster solicitor under this chapter.
(b) The definition of adjuster does not include, and a license as an adjuster is not
required of, the following:
(1) attorneys-at-law admitted to practice in this state, when acting in the attorney's
professional capacity as an attorney;
(2) a person employed solely to obtain facts surrounding a claim or to furnish
technical assistance to a licensed adjuster;
(3) an individual who is employed to investigate suspected fraudulent insurance
claims but who does not adjust losses or determine claims payments;
(4) a person who solely performs executive, administrative, managerial, or clerical
duties or any combination of these duties and who does not investigate, negotiate, or settle
claims with policyholders, claimants, or their legal representative;
(5) a licensed health care provider or its employee who provides managed care
services so long as the services do not include the determination of compensability;
(6) a managed care organization or any of its employees or an employee of any
organization providing managed care services so long as the services do not include the
determination of compensability;
(7) a person who settles only reinsurance or subrogation claims;
(8) an officer, director, manager, or employee of an authorized insurer, a surplus lines
insurer, a risk retention group, or an attorney-in-fact of a reciprocal insurer;
(9) a United States manager of the United States branch of an alien insurer;
(10) a person who investigates, negotiates, or settles life, accident and health,
annuity, or disability insurance claims;
(11) an individual employee, under a self-insured arrangement, who adjusts claims
on behalf of the employee's employer;
(12) a licensed insurance producer, attorney-in-fact of a reciprocal insurer, or
managing general agent of the insurer to whom claim authority has been granted by the
insurer;
(13) a person authorized to adjust workers' compensation or disability claims under
the authority of a third-party administrator license pursuant to section 60A.23, subdivision
8 ; or
(14) an individual who:
(i) collects claim information from, or furnishes claim information to, insureds or
claimants; and
(ii) conducts data entry including entering data into an automated claims adjudication
system, provided that the individual is an employee of a licensed independent adjuster or
its affiliate where no more than 25 such persons are under the supervision of one licensed
independent adjuster or licensed insurance producer who is exempt from licensure under
clause (12).
    Subd. 2. Classes of licenses. (a) Unless denied licensure pursuant to section 72B.08,
persons who have met the requirements of section 72B.041 must be issued an adjuster
license. There shall be four three classes of licenses, as follows:
(1) independent adjuster's license;
(2) public adjuster's license; and
(3) public adjuster solicitor's license; and
(4) (3) crop hail adjuster's license.
(b) An independent adjuster and a public adjuster may qualify for a license in one or
more of the following lines of authority:
(1) property and casualty; or
(2) workers' compensation; or
(3) crop.
(c) Any person holding a license pursuant to this section is not required to hold any
other independent adjuster, public adjuster, insurance, or self-insurance administrator
license in this state pursuant to section 60A.23, subdivision 8, or any other provision,
provided that the person does not act as an adjuster with respect to life, health, or annuity
insurance, other than disability insurance.
(d) An adjuster license remains in effect unless probated, suspended, revoked, or
refused as long as the fee set forth in section 72B.041, subdivision 9, is paid and all other
requirements for license renewal are met by the due date, otherwise, the license expires.
(e) An adjuster whose license expires may, within 12 months of the renewal date,
be reissued an adjuster license upon receipt of the renewal request, as prescribed by the
commissioner; however, a penalty in the amount of double the unpaid renewal fee is
required to reissue the expired license.
(f) An adjuster who is unable to comply with license renewal procedures and
requirements due to military service, long-term medical disability, or some other
extenuating circumstance may request a waiver of same and a waiver of any examination
requirement, fine, or other sanction imposed for failure to comply with renewal procedures.
(g) An adjuster is subject to sections 72A.17 to 72A.32.
(h) The adjuster must inform the commissioner by any means acceptable of any
change in resident or business addresses for the home state or in legal name within 30
days of the change.
(i) The license must contain the licensee's name, address, and personal identification
number; the dates of issuance and expiration; and any other information the commissioner
deems necessary.
(j) In order to assist in the performance of the commissioner's duties, the
commissioner may contract with nongovernmental entities, including the National
Association of Insurance Commissioners, its affiliates, or its subsidiaries, to perform any
ministerial functions related to licensing that the commissioner may deem appropriate,
including the collection of fees and data.
    Subd. 3. Payment for services; unlawful practice. No insurer, agent, or other
representative of an insurer nor any adjuster shall pay any fee or other compensation to
any person for acting as an adjuster, or a public adjuster solicitor, except to a person
duly licensed to so act or to a person not required to be licensed by sections 72B.01 to
72B.14 ; and it shall be unlawful for any person to act as an independent adjuster, or
a public adjuster or a public adjuster solicitor, who is not duly licensed, or excluded
from the licensing requirement.

    Sec. 14. Minnesota Statutes 2012, section 72B.041, subdivision 1, is amended to read:
    Subdivision 1. Application. (a) An individual applying for a resident adjuster
license must make application to the commissioner on the appropriate National
Association of Insurance Commissioners (NAIC) Uniform Individual Application in
a format prescribed by the commissioner and declare under penalty of suspension,
revocation, or refusal of the license that the statements made in the application are true,
correct, and complete to the best of the individual's knowledge and belief. Before
approving the application, the commissioner must find that the individual:
(1) is at least 18 years of age;
(2) is eligible to designate this state as the individual's home state;
(3) is trustworthy, reliable, and of good reputation, evidence of which must be
determined by the commissioner;
(4) has not committed any act that is a ground for probation, suspension, revocation,
or refusal of an adjuster's license as set forth in section 72B.08;
(5) has successfully passed the examination for the lines of authority for which
the individual has applied; and
(6) has paid the fees set forth in subdivision 9.
An applicant for licensing as a public adjuster solicitor under sections 72B.01 to
72B.14 must be at least 18 years of age, must be competent and trustworthy, and must not
have been engaged in any practice which would be grounds for suspension or revocation
of a license under sections 72B.01 to 72B.14 within the three years next preceding the
date of the application.
In the case of any applicant who has been convicted of a felony within the ten years
next preceding the date of the application, and who in the judgment of the commissioner,
meets the other qualifications, the commissioner may impose the additional requirement of
the filing of a bond in accordance with the requirements of section 72B.08, subdivision 8.
(b) A business entity applying for a resident adjuster license must make application
to the commissioner on the appropriate NAIC Uniform Business Entity Application
in a format prescribed by the commissioner and declare under penalty of suspension,
revocation, or refusal of the license that the statements made in the application are true,
correct, and complete to the best of the business entity's knowledge and belief. Before
approving the application, the commissioner shall find that the business entity:
(1) is eligible to designate this state as its home state;
(2) has designated a licensed independent or public adjuster responsible for the
business entity's compliance with the insurance laws, rules, and regulations of this state;
(3) has not committed an act that is a ground for probation, suspension, revocation,
or refusal of an adjuster's license as set forth in section 72B.08; and
(4) has paid the fees set forth in subdivision 9.
(c) No resident of Canada may be licensed under this section or may designate
Minnesota as the applicant's home state, unless the applicant has successfully passed
the adjuster examination and has complied with the other applicable provisions of this
section, except that such applicant shall not be subject to paragraph (a), clause (2), and
section 270C.72, subdivision 4.

    Sec. 15. Minnesota Statutes 2012, section 72B.08, subdivision 1, is amended to read:
    Subdivision 1. Causes. The commissioner may place on probation, suspend, revoke,
or refuse to issue or renew an adjuster's license or temporary permit or may levy a civil
penalty according to section 45.027, subdivision 6, or any combination of the above
actions for any of the following causes:
(1) failure to pass a required examination;
(2) obtaining or attempting to obtain a license through misrepresentation or fraud
providing incorrect, misleading, incomplete, or materially untrue information in the
license application;
(3) violating any insurance laws, rules, subpoena, or order of the commissioner or of
another state's insurance commissioner or any provision of sections 72B.01 to 72B.14;
(4) improperly withholding, misappropriating, or converting any money or
properties received in the course of doing insurance business;
(5) intentionally misrepresenting the terms of an actual or proposed insurance
contract or application for insurance, with intent to deceive, or engaging in, or attempting
to engage in, any fraudulent transaction with respect to a claim or loss that the licensee or
holder of a temporary permit is adjusting and, in the case of a public adjuster solicitor,
misrepresenting the services offered or the fees or commission to be charged;
(6) conviction of a felony under the laws of this state, any other state, the United
States, or any foreign country;
(7) the licensee or holder of a temporary permit has demonstrated incompetency or
untrustworthiness to act as an adjuster or public adjuster solicitor;
(8) refusal to comply with any lawful order of the commissioner;
(9) having admitted or been found to have committed any insurance unfair trade
practice or fraud;
(10) using fraudulent, coercive, or dishonest practices, or demonstrating
incompetence, untrustworthiness, or financial irresponsibility, in the conduct of insurance
business in this state or elsewhere;
(11) having an insurance license, or its equivalent, probated, suspended, revoked, or
refused in any other state, province, district, or territory;
(12) forging another's name to any document related to an insurance transaction;
(13) cheating, including improperly using notes or any other reference material, to
complete an examination for an insurance license;
(14) failing to comply with an administrative or court order imposing a child support
obligation; or
(15) failing to pay state income tax or comply with any administrative or court order
directing payment of state income tax which remains unpaid.

    Sec. 16. Minnesota Statutes 2012, section 82.60, subdivision 1, is amended to read:
    Subdivision 1. Prelicense education. Prelicense education for a real estate
salesperson must consist of Course I, Course II, and Course III as described in this
section a curriculum as prescribed and published by the commissioner from time to
time. Prelicense education for a real estate broker must consist of the broker course as
described in this section.

    Sec. 17. Minnesota Statutes 2012, section 82.60, subdivision 5, is amended to read:
    Subd. 5. Broker course. The required course for real estate brokers must consist
of the subject hours in paragraphs (a) to (j) a curriculum as prescribed and published
by the commissioner from time to time.
(a) Broker Licensing Requirements, three hours:
(1) ownership and operational forms; and
(2) Minnesota license law review.
(b) Trust Account Requirements, two hours:
(1) opening the trust account;
(2) deposit requirements; and
(3) trust account records.
(c) Agency, five hours:
(1) current statutes and agency law; and
(2) statutory addenda and disclosures.
(d) Antidiscrimination, three hours:
(1) federal fair housing;
(2) Americans with Disabilities Act; and
(3) Minnesota Human Rights Act.
(e) Real Estate Principles Update, one hour:
(1) land improvement, estates;
(2) legal descriptions;
(3) governmental rights; and
(4) property taxation and special assessments.
(f) Real Estate Sale, Lease, and Transfer, two hours:
(1) purchase agreement and addenda;
(2) lease types and terms;
(3) deed types and clauses; and
(4) contract for deed.
(g) Financing and Valuation Update, three hours:
(1) sources of financing;
(2) foreclosure law;
(3) principles of value; and
(4) methods of valuation.
(h) Broker's Role in Closing, three hours:
(1) prorating;
(2) closing statements;
(3) closing documents; and
(4) deposit requirements.
(i) Income Taxation, three hours:
(1) tax rules of home ownership;
(2) investment tax issues; and
(3) sale of personal residence.
(j) Employment Laws and Insurance, three hours:
(1) Fair Labor Standards Act;
(2) tax laws, withholding, reports;
(3) independent contractor vs. employee;
(4) State and Federal Unemployment Tax Act; and
(5) errors and omissions insurance.
(k) Final Exam.

    Sec. 18. Minnesota Statutes 2012, section 82.63, subdivision 6, is amended to read:
    Subd. 6. Terminations; transfers. (a) Except as provided in paragraph (b), when a
salesperson terminates activity on behalf of a broker, the salesperson's license shall be
ineffective. Within ten days of the termination the broker shall notify the commissioner
in writing, and shall return to the commissioner the license of the salesperson the form
prescribed by the commissioner. The salesperson may apply for transfer of the license
to active status with another broker at any time during the remainder of the license
period, on forms provided by the commissioner. If the application for transfer qualifies,
the commissioner shall grant the application. Upon receipt of a transfer application and
payment of the transfer fee, the commissioner may issue a 45-day temporary license. If
an application for transfer is not made within the license period, the commissioner shall
require that an application for a new license be filed.
(b) When a salesperson terminates activity on behalf of a broker in order to begin
association immediately with another broker, the commissioner shall permit the automatic
transfer of the salesperson's license. The transfer shall be effective either upon the mailing
of the required fee and the executed documents by certified mail or upon personal delivery
of the fee and documents to the commissioner's office. The commissioner may adopt rules
and prescribe forms as necessary to implement this paragraph.

    Sec. 19. Minnesota Statutes 2012, section 82A.03, is amended to read:
82A.03 REGISTRATION REQUIREMENT.
It is unlawful for any person to offer or sell a membership camping contract in this
state unless: without meeting the requirements of this chapter.
(1) the membership camping contract is registered in accordance with the provisions
of this chapter; or
(2) the membership camping contract or the transaction is exempted under section
82A.06.

    Sec. 20. Minnesota Statutes 2012, section 82A.09, subdivision 2, is amended to read:
    Subd. 2. Restrictions. No person shall publish or cause to be published in this state
any advertisement concerning any membership camping contract which is required to be
registered pursuant to this chapter, or which is exempt from registration under section
82A.06, subdivision 2, after the commissioner has found that the advertisement contains
any statement that is false or misleading, or omits to make any statement necessary in
order to make the statements made, in light of the circumstances under which they were
made, not misleading, and has so notified the person by written order. The order may be
issued without prior notice or hearing. Up to 30 days after the issuance of the order, the
person desiring to use the advertisement may in writing request a hearing on the order.
Upon receipt of a written request, the matter shall be set for hearing to commence within
15 days after the receipt unless the person making the request consents to a later date.
After the hearing, which shall be conducted in accordance with the provisions of chapter
14, the commissioner shall, by written order, either affirm, modify, or vacate the order.

    Sec. 21. Minnesota Statutes 2012, section 82A.10, is amended to read:
82A.10 INSPECTION OF RECORDS.
All records of a membership camping operator and broker and their agents pertaining
to the advertising or sale of membership camping contracts in this state shall be maintained
by the membership camping operator or broker at that person's principal place of business
and shall there be subject to inspection by the commissioner during normal business hours.
The commissioner shall be promptly notified of any change of address affecting the location
of the records of the membership camping operator or broker and that person's agents.

    Sec. 22. Minnesota Statutes 2012, section 82A.111, subdivision 2, is amended to read:
    Subd. 2. Membership camping dues. A membership camping operator or the
operator's salesperson shall deposit all membership dues received in an escrow account in a
Minnesota bank, trust company, or savings association, a foreign bank which authorizes the
commissioner to examine its records of these deposits upon demand by the commissioner,
or an industrial loan and thrift company organized under chapter 53 with deposit liabilities.
In any calendar year, total dues to be deposited in the escrow may not exceed an amount
approved by the commissioner as reasonably needed for that calendar year's maintenance
budget submitted by the operator. The operator may draw funds from the escrow as
needed provided that funds are expended for purposes identified by the budget.

    Sec. 23. Minnesota Statutes 2012, section 82A.12, subdivision 1, is amended to read:
    Subdivision 1. Generally. The commissioner may issue a cease and desist order
and may issue an order denying, suspending, or revoking any registration, amendment
renewal, or exemption if the commissioner finds any of the following:
(1) that the membership camping operator or registrant or any controlling person
thereof has materially or intentionally violated or failed to comply with any provision of
this chapter or any rule or order of the commissioner;
(2) that the offer or sale of the membership camping contract has constituted or
would constitute a material misrepresentation to purchasers, or has operated or would
operate as a fraud or deceit upon purchasers;
(3) that the membership camping operator or registrant or any controlling person,
agent, or employee thereof, is engaging or about to engage in false, fraudulent, or deceptive
practices in connection with the offer and sale of a membership camping contract;
(4) that the membership camping operator or registrant or any controlling person or
employee thereof, has engaged in any fraudulent or deceptive practice, whether or not in
connection with the offer and sale of membership camping contracts, and the involvement
of the person in the business of the membership camping operator or registrant creates a
substantial risk of harm to prospective purchasers;
(5) that the financial condition of the membership camping operator materially
adversely affects, or would materially adversely affect, the ability of the membership
camping operator such that there is a reasonable likelihood that the membership camping
operator will not be able to substantially fulfill its obligations under the membership
camping contract, and no other financial security or assurance is provided by the
membership camping operator to fulfill the obligations;
(6) that the membership camping operator's or registrant's enterprise or method of
business with respect to the operation of a campground in this state includes or would
include activities which are illegal or not in conformance with applicable statutes,
ordinances, or regulations of any governmental entity; and
(7) that the membership camping operator or registrant or any controlling person
thereof has made material misrepresentations or concealed material facts in an application
for registration;
(8) that any fee required by this chapter to be paid by the operator or registrant has
not been paid; and
(9) (7) that the membership camping operator or controlling person, agent, or
employee thereof, has failed faithfully to perform any stipulation or agreement made with
the commissioner as an inducement to grant any registration, to reinstate any registration,
or to permit any disclosure statement; provided, however, that this clause shall not be
deemed to require any stipulations or agreements.

    Sec. 24. Minnesota Statutes 2013 Supplement, section 82A.13, subdivision 1, is
amended to read:
    Subdivision 1. Untrue statements filed in documents. No person shall make
or cause to be made any untrue statement of a material fact in an application or other
document filed with the commissioner under this chapter, or omit to state in the application
or other document any material fact which is required to be stated therein, or fail to notify
the commissioner of any material change as required by section 82A.07.

    Sec. 25. Minnesota Statutes 2012, section 82A.14, is amended to read:
82A.14 UNFAIR PRACTICES.
No membership camping operator shall:
(1) sell or offer to sell any membership camping contract with respect to a
campground located in this state which is subject to a blanket encumbrance unless;
(i) each person holding an interest in a blanket encumbrance shall have executed
and delivered a nondisturbance agreement and recorded the agreement in the real estate
records of the county in which the campground is located; or
(ii) a bond or irrevocable letter of credit has been issued, or cash or a certified check in
an amount sufficient to cover payment of all amounts secured by the blanket encumbrance
has been deposited, in the name of the state for the benefit and protection of purchasers of
membership camping contracts and subject to terms as approved by the commissioner.
Any interest accruing on amounts held in the account shall be payable, as and when
earned, to the membership camping operator. Any bond shall be executed by an insurance
company authorized to do business in this state, which has sufficient net worth to satisfy
the indebtedness and which has given consent to be sued in this state. Any irrevocable
letter of credit shall be issued by a bank or savings association which has sufficient net
worth to satisfy the indebtedness and which has given its consent to be sued in this state.
The bond, cash, certified check, or irrevocable letter of credit shall be in an amount which
is not less than 110 percent of the remaining principal balance of every indebtedness or
obligation secured by a blanket encumbrance affecting the campground. The bond or
agreement accompanying the cash, certified check, or irrevocable bank letter of credit shall
provide for the payment of all amounts secured by the blanket encumbrance, including
costs, expenses, and legal fees of the lienholder, if for any reason the blanket encumbrance
is enforced. The bond, cash, certified check, or letter of credit may be reduced periodically
in proportion to the reductions in the amount secured by the blanket encumbrance; or
(iii) the lender providing the major hypothecation loan to the membership camping
operator (the "hypothecation lender"), and having a lien on or security interest in the
membership camping operator's interest in the campground, shall have executed and
delivered a nondisturbance agreement and recorded the agreement in the real estate records
of the county in which the campground is located in this state. Each person holding an
interest in a blanket encumbrance superior to the interest held by the hypothecation lender
shall have executed, delivered, and recorded an instrument stating that the person shall
give the hypothecation lender notice of, and at least 30 days' opportunity to cure, any
default under the blanket encumbrance which entitles the person to foreclose upon the
campground. The instrument shall state that the notice and opportunity to cure shall be
given before the person commences any foreclosure action affecting the campground and
in accordance with the instrument. The hypothecation lender shall have guaranteed that
it will cure or arrange for the cure of the default. Any holder of a blanket encumbrance
inferior to the hypothecation lender who acquires the campground in foreclosure shall
take the campground subject to the hypothecation lender's nondisturbance agreement.
For purposes of this provision, a "hypothecation lender" is any lender extending a loan
or line of credit to a membership camping operator secured by all or substantially all
of the contract receivables arising from the membership camping operator's sale of
membership camping contracts in this state. For purposes of this provision, "lender"
means an insurance company or a federally or state chartered bank, savings association,
any other lending institution, the deposits of which are guaranteed or insured, by a federal
agency, or any other person which has sufficient net worth to pay the obligations pursuant
to this section if there are no reasonable grounds to believe that the lender will not be able
to pay these obligations in the future; or
(iv) the operator can provide an alternative plan acceptable to the commissioner;
(2) sell any campground which is located in this state and available for use by
purchasers, unless:
(i) the membership camping operator sells the campground to a person who takes
the campground subject to all rights and interests of purchasers, and contractually agrees
not to compromise the rights and interests of purchasers in regard to future conveyances
of, or encumbrances placed on the campground;
(ii) the membership camping operator immediately substitutes for the use of
purchasers another campground which is in the same general area and is at least as
desirable for the purpose of camping and outdoor recreation as the previous campground.
For purposes of this provision, "same general area" means a location within a 50-mile
radius of the previous campground; or
(iii) the membership camping operator immediately substitutes for the use of
purchasers another campground and the substitution is approved by two-thirds of all
existing purchasers;
(3) substitute any campground located in this state and available for use by
purchasers with a different campground, unless the substituted campground is in the same
general area and is at least as desirable for the purpose of camping and outdoor recreation
as the previous campground. For purposes of this provision, "same general area" means a
location within a 50-mile radius of the previous campground;
(4) sell membership camping contracts with respect to any campground located
in this state that is not owned by the membership camping operator or leased by the
membership camping operator for a lease term at least equal to the term of the membership
camping contract with respect to the campground;
(5) fail to disclose the circumstances, if any, under which any reciprocal program
that has been offered as an inducement to purchasers may be terminated;
(6) materially modify any campground rules or regulations or modify purchasers'
rights to or the scope and nature of an amenity in a manner which significantly degrades or
diminishes the material rights of any purchaser without prior notice to purchasers resident
in this state; or materially adversely modify any material campground rules or regulations
or materially adversely modify purchaser's rights to or the scope and nature of an amenity
in a manner which the purchaser proves:
(i) significantly degrades or diminishes any material rights of that purchaser; and
(ii) has no compensating benefit to any other purchaser or groups of purchasers;
(7) terminate or provide for termination of a membership camping contract, except
for good cause. "Good cause" shall mean failure of the purchaser to substantially or
consistently comply with reasonable requirements imposed by the membership camping
contract and campground rules and regulations;
(8) terminate a membership camping contract without first giving written notice
setting forth all reasons for the termination to the purchaser at least 30 days prior to the
termination becoming effective;
(9) increase a purchaser's membership dues after the sale of a contract in such
a manner as to result in an increase thereof greater than whichever of the following
increases is higher:
(i) the actual increase in costs of services or improvements for which the membership
dues are imposed; or
(ii) the increase in the United States city average Consumer Price Index for all
urban consumers issued by the United States Bureau of Labor Statistics or such other
federally prepared Consumer Price Index or Wage Earner Index as reasonably selected
by the operator in its discretion;
(10) require purchaser to certify the absence of any misrepresentation or other
violation of this chapter provided, however, that a purchaser's acknowledgment of receipt
of a copy of the membership camping contract shall not be deemed to constitute such
a certification;
(11) require the purchaser to waive the right to assert against the membership
camping operator or any assignee any claim or defense the purchaser may have against the
membership camping operator under the membership camping contract; or
(12) materially and repeatedly fail to maintain a campground in this state in the
manner contractually agreed upon.

    Sec. 26. Minnesota Statutes 2012, section 82A.22, subdivision 2, is amended to read:
    Subd. 2. Appointment of commissioner. When any person, including any
nonresident of this state, engages in conduct prohibited or made actionable by this chapter,
or any rule or order thereunder, and the person has not filed a consent to service of process
under subdivision 1 and personal jurisdiction over this person cannot otherwise be obtained
in this state, that conduct shall be considered equivalent to the person's appointment of
the commissioner or the commissioner's successor to be the person's attorney to receive
service of any lawful process in any noncriminal suit, action, or proceeding against the
person which grows out of that conduct and which is brought under this chapter or any rule
or order thereunder, with the same force and validity as if served on the person personally.
Service under this section shall be made in compliance with section 45.028, subdivision 2.

    Sec. 27. Minnesota Statutes 2012, section 82A.25, is amended to read:
82A.25 CRIMINAL PENALTIES.
Any person who willfully violates section 82A.03 by offering or selling unregistered,
nonexempt membership camping contracts or section 82A.13 or any order of the
commissioner pursuant thereto of which that person has notice, may be fined not more
than $5,000 or imprisoned not more than five years or both. Each of the acts specified
shall constitute a separate offense and a prosecution or conviction for any one of the
offenses shall not bar prosecution or conviction for any other offense.

    Sec. 28. Minnesota Statutes 2012, section 82A.26, is amended to read:
82A.26 NONAPPLICABILITY OF CERTAIN LAW.
Membership camping contracts registered pursuant to this chapter are exempt
from the provisions of chapter 83. To the extent that licensed salespersons and licensed
brokers engage in the offer or sale of membership camping contracts, those brokers and
salespersons are exempt from the licensing requirements of chapter 82.

    Sec. 29. Minnesota Statutes 2012, section 83.26, subdivision 2, is amended to read:
    Subd. 2. Generally; transactions. Unless the method of offer or sale is adopted
for the purpose of evasion of sections 83.20 to 83.42, 83.43 and 83.44, the following
transactions are exempt from sections 83.23, 83.24, 83.25, 83.28, 83.29, and 83.30:
(a) the offer or sale of an interest in subdivided land by an owner, other than the
subdivider, acting as principal in a single or isolated transaction;
(b) the offer or sale of all of the subdivided lands within a subdivision in a single
transaction to any person;
(c) the offer or sale of subdivided land pursuant to an order of competent jurisdiction,
other than a court of bankruptcy;
(d) the offer or sale of subdivided land consisting of not more than ten separate lots,
units, parcels, or interests in the aggregate, provided that no subdivider may make an
offer or sale of subdivided land pursuant to this exemption more than once during any
period of 12 consecutive months;
(e) the offer or sale of subdivided lands which have been registered under section
83.23, subdivision 2 , if there are no more than ten separate lots, units, parcels, or interests
remaining to be sold and no material change has occurred in the information on file with
the commissioner;
(f) the offer and sale of subdivided land located within the corporate limits of a
municipality as defined in section 462.352, subdivision 2, which municipality has adopted
subdivision regulations as defined in section 462.352, except those lands described in
section 83.20, subdivision 13;
(g) the offer and sale of apartments or condominium units as defined in chapters 515
and 515A, and units in common interest communities as defined in chapter 515B;
(h) the offer and sale of subdivided lands used primarily for agricultural purposes
provided each parcel is at least ten acres in size;
(i) the offer or sale of improved lots if:
(1) the subdivider has filed with the commissioner, no later than ten business days
prior to the date of the first sale, a written notice of its intention to offer or sell improved
lots, which notice shall be accompanied by a fee of $50, together with a copy of the public
offering statement accepted by the situs state and the standard purchase agreement which
documents are required to be supplied by the subdivider to the purchaser; and
(2) the subdivider deposits all downpayments in an escrow account until all
obligations of the subdivider to the purchaser, which are pursuant to the terms of the
purchase agreement to be performed prior to the closing, have been performed. The
subdivider shall provide the purchaser with a purchase receipt for the downpayment paid,
a copy of the escrow agreement and the name, address, and telephone number of the
escrow agent. The escrow agent shall be a bank located in Minnesota. All downpayments
shall be deposited in the escrow account within two business days after receipt; and
(j) the offer of sale of subdivided lands by a subdivider that has been granted
an exemption from registration by the federal Department of Housing and Urban
Development under the multiple site subdivision exemption, if the subdivider provides a
written notice of the offer of sale to the commissioner before any offers or sale commence.
The written notice must include the name of the subdivision, the county and state
in which the subdivision is located, and the number of lots in the subdivision, and a
notarized affidavit that all proposed improvements have been completed and the costs of
all the improvements have been fully paid, or that the cost of any uncompleted road
construction or survey expenses are covered by a bond or escrow account payable to the
entities responsible for providing or completing the roads or surveys. The escrow account
must be with an independent escrow agent.
The subdivider must also provide to the commissioner a copy of the federal Housing
and Urban Development exemption order and the most recent annual confirmation letter
which indicates that the order is still in effect.
If the closing services are provided by the subdivider or an affiliate of the subdivider,
purchasers must manually initial in the Housing and Urban Development Lot Information
Statement both the disclosure on all the liens, reservations, taxes, assessments, easements,
and restrictions applicable to the lot purchased and the disclosure on the risks of not
obtaining clear title.
The commissioner may, by rule or order, suspend, revoke, or further condition the
exemptions contained in clauses (f), (g), (h), (i), and (j), or may require such further
information as may be necessary for the protection of purchasers.
The commissioner may by rule or order suspend, revoke, or further condition
the exemptions contained in clauses (f), (g), (h), and (i) or may require such further
information as may be necessary for the protection of purchasers.

    Sec. 30. Minnesota Statutes 2012, section 83.30, subdivision 1, is amended to read:
    Subdivision 1. Form; due date. During the period a registration is effective, the
subdivider shall file an annual report in a format the commissioner may by rule prescribe
for subdivisions under section 83.23, subdivision 3. Subdividers under section 83.23,
subdivision 2, shall not be required to file the annual report form except by order of the
commissioner but are required to submit the fee under section 83.30, subdivision 2. The
report must include a financial statement of the subdivider's most recent fiscal year,
prepared by an accountant and certified by the subdivider. An audited financial statement
shall not be required. Every annual report shall be due by the 120th day following the end of
the subdivider's fiscal year, unless extended in writing by the commissioner for good cause.

    Sec. 31. Minnesota Statutes 2012, section 239.011, subdivision 2, is amended to read:
    Subd. 2. Duties and powers. To carry out the responsibilities in section 239.01
and subdivision 1, the director:
(1) shall take charge of, keep, and maintain in good order the standard of weights
and measures of the state and keep a seal so formed as to impress, when appropriate, the
letters "MINN" and the date of sealing upon the weights and measures that are sealed;
(2) has general supervision of the weights, measures, and weighing and measuring
devices offered for sale, sold, or in use in the state;
(3) shall maintain traceability of the state standards to the national standards of the
National Institute of Standards and Technology;
(4) shall enforce this chapter;
(5) shall grant variances from department rules, within the limits set by rule, when
appropriate to maintain good commercial practices or when enforcement of the rules
would cause undue hardship;
(6) shall conduct investigations to ensure compliance with this chapter;
(7) may delegate to division personnel the responsibilities, duties, and powers
contained in this section;
(8) shall test annually, and approve when found to be correct, the standards of
weights and measures used by the division, by a town, statutory or home rule charter city,
or county within the state, or by a person using standards to repair, adjust, or calibrate
commercial weights and measures;
(9) shall inspect and test weights and measures kept, offered, or exposed for sale;
(10) shall inspect and test, to ascertain if they are correct, weights and measures
commercially used to:
(i) determine the weight, measure, or count of commodities or things sold, offered,
or exposed for sale, on the basis of weight, measure, or count; and
(ii) compute the basic charge or payment for services rendered on the basis of
weight, measure, or count;
(11) shall approve for use and mark weights and measures that are found to be correct;
(12) shall reject, and mark as rejected, weights and measures that are found to be
incorrect and may seize them if those weights and measures:
(i) are not corrected within the time specified by the director;
(ii) are used or disposed of in a manner not specifically authorized by the director; or
(iii) are found to be both incorrect and not capable of being made correct, in which
case the director shall condemn those weights and measures;
(13) shall weigh, measure, or inspect packaged commodities kept, offered, or exposed
for sale, sold, or in the process of delivery, to determine whether they contain the amount
represented and whether they are kept, offered, or exposed for sale in accordance with
this chapter and department rules. In carrying out this section, the director must employ
recognized sampling procedures, such as those contained in National Institute of Standards
and Technology Handbook 133, "Checking the Net Contents of Packaged Goods";
(14) shall prescribe the appropriate term or unit of weight or measure to be used for
a specific commodity when an existing term or declaration of quantity does not facilitate
value comparisons by consumers, or creates an opportunity for consumer confusion;
(15) shall allow reasonable variations from the stated quantity of contents, including
variations caused by loss or gain of moisture during the course of good distribution
practice or by unavoidable deviations in good manufacturing practice, only after the
commodity has entered commerce within the state;
(16) shall inspect and test petroleum products in accordance with this chapter and
chapter 296A;
(17) shall distribute and post notices for used motor oil and used motor oil filters and
lead acid battery recycling in accordance with sections 239.54, 325E.11, and 325E.115;
(18) shall collect inspection fees in accordance with sections 239.10 and 239.101; and
(19) (18) shall provide metrological services and support to businesses and
individuals in the United States who wish to market products and services in the member
nations of the European Economic Community, and other nations outside of the United
States by:
(i) meeting, to the extent practicable, the measurement quality assurance standards
described in the International Standards Organization ISO 17025;
(ii) maintaining, to the extent practicable, certification of the metrology laboratory
by an internationally accepted accrediting body such as the National Voluntary Laboratory
Accreditation Program (NVLAP); and
(iii) providing calibration and consultation services to metrology laboratories in
government and private industry in the United States.

    Sec. 32. Minnesota Statutes 2012, section 239.06, is amended to read:
239.06 RULES.
The department shall prescribe and adopt such rules as it may deem necessary to
carry out the provisions of this chapter, and it including but not limited to the adoption of
definitions of basic units of weights and measures, tables of weights and measures, and
weights and measures equivalents to govern weighing and measuring equipment and
transactions in Minnesota. The division may change, modify, or amend any or all rules
when deemed necessary and the rules so made shall have the force and effect of law.

    Sec. 33. Minnesota Statutes 2012, section 239.081, is amended to read:
239.081 INSPECTING TRACK SCALE.
The department division shall supervise and inspect all track scales, and may direct
any carrier to transport, move, and switch to any track scale free of charge any car used in
the inspection and testing of scales. The department division shall require the installation
and maintenance of track scales at terminals, warehouses, and at other points in the state
where scales are deemed necessary. The department division shall prescribe reasonable
rules for the weighing of railroad cars and of freight. Rules of the department promulgated
under chapter 218 and in effect on January 1, 1976, which pertain to installation or
inspection of track scales or the weighing of railroad cars and freight shall continue in
effect until amended or repealed by the department.

    Sec. 34. Minnesota Statutes 2012, section 239.09, is amended to read:
239.09 SPECIAL POLICE POWERS.
When necessary to enforce this chapter or rules adopted under the authority granted
by section 239.06, the director is:
(1) authorized and empowered to arrest, without formal warrant, any violator of
sections 325E.11 and 325E.115 or of the statute in relation to weights and measures;
(2) empowered to seize for use as evidence and without formal warrant, any false
weight, measure, weighing or measuring device, package, or commodity found to be used,
retained, or offered or exposed for sale or sold in violation of law;
(3) (2) during normal business hours, authorized to enter commercial premises;
(4) (3) if the premises are not open to the public, authorized to enter commercial
premises only after presenting credentials and obtaining consent or after obtaining a
search warrant;
(5) (4) empowered to issue stop-use, hold, and removal orders with respect to
weights and measures commercially used, and packaged commodities or bulk commodities
kept, offered, or exposed for sale, that do not comply with the weights and measures laws;
(6) (5) empowered, upon reasonable suspicion of a violation of the weights and
measures laws, to stop a commercial vehicle and, after presentation of credentials, inspect
the contents of the vehicle, require that the person in charge of the vehicle produce
documents concerning the contents, and require the person to proceed with the vehicle to
some specified place for inspection; and
(7) (6) empowered, after written warning, to issue citations of not less than $100 and
not more than $500 to a person who violates any provision of this chapter, any provision
of the rules adopted under the authority contained in this chapter, or any provision of
statutes enforced by the Division of Weights and Measures.

    Sec. 35. Minnesota Statutes 2012, section 239.091, is amended to read:
239.091 METHOD OF SALE.
The method of sale for a commodity must provide an accurate and adequate quantity
of information that will allow the buyer to make price and quantity comparisons. The
department may adopt rules to administer this section.

    Sec. 36. Minnesota Statutes 2012, section 239.44, is amended to read:
239.44 MISDEMEANOR VIOLATION.
Whoever in selling gives a lower number or, in buying shall take any, takes a greater
number of pounds or cubic feet to the bushel, barrel, ton, or cord, as the case may be, than
is allowed and provided in sections 239.28 to 239.36 239.32 and 239.33, or in selling,
shall give any less gives a lower number, shall be is guilty of a misdemeanor.

    Sec. 37. Minnesota Statutes 2012, section 239.46, is amended to read:
239.46 FINES CREDITED TO SCHOOL FUNDS.
All fines collected under the provisions of sections 239.28 to 239.38 239.32 and
239.33 shall be paid to the county treasurer for the benefit of the school fund of the county
where the action is brought.

    Sec. 38. Minnesota Statutes 2012, section 239.75, subdivision 1, is amended to read:
    Subdivision 1. Inspection requirements; blending exemptions. The director shall:
    (1) take samples, free of charge, of petroleum products wherever processed, blended,
held, stored, imported, transferred, offered for sale or use, or sold in Minnesota, limiting
each sample to one-half gallon;
    (2) inspect and test petroleum product samples according to the methods of ASTM
or other valid test methods adopted by rule, to determine whether the products comply
with the specifications in section 239.761;
    (3) inspect petroleum product storage tanks to ensure that the products are free
from water and impurities;
    (4) (3) inspect and test samples submitted to the department by a licensed distributor,
making the test results available to the distributor;
    (5) (4) inspect the labeling, price posting, and price advertising of petroleum product
dispensers and advertising signs at businesses or locations where petroleum products are
sold, offered for sale or use, or dispensed into motor vehicles;
    (6) (5) maintain records of all inspections and tests according to the records retention
policies of the Department of Administration;
    (7) delegate to division personnel, at the director's discretion, any or all of the
responsibilities, duties, and powers in sections 239.75 to 239.80;
    (8) (6) publish test data and information to assist persons who use, produce,
distribute, or sell petroleum-based heating and engine fuels;
    (9) (7) audit the records of any person responsible for the product to determine
compliance with sections 239.75 to 239.792;
    (10) (8) after consulting with the commissioner, grant a temporary exemption from
the gasoline-ethanol blending requirements in section 239.791 if the supply of ethanol is
insufficient to produce gasoline-ethanol blends;
    (11) (9) after consulting with the commissioner, grant a temporary exemption from
the diesel-biodiesel blending requirements in section 239.77, if the supply of biodiesel is
insufficient to produce diesel-biodiesel blends; and
    (12) (10) adopt, as an enforcement policy for the division, reasonable margins of
uncertainty for the tests used to determine compliance with the specifications in section
239.761 , the oxygen percentages in section 239.791, and the octane requirements in
section 239.792 and apply the margins of uncertainty to only tests performed by the
division, not by adding the margins to uncertainties in tests performed by any person
responsible for the product.

    Sec. 39. Minnesota Statutes 2012, section 239.753, is amended to read:
239.753 ENTRY UPON PREMISES AND ACCESS TO RECORDS.
(a) The director, or a delegated employee of the department, may enter the premises
of a person who processes, holds, stores, imports, transfers, offers for sale or use, or
sells petroleum products in Minnesota to:
(1) inspect the product in storage tanks and take samples from the storage tanks and
dispensing equipment connected to the storage tanks;
(2) inspect petroleum product dispensers and related signs and equipment,
advertising signs, price displays, oxygenate labels, and octane labels; and
(3) audit and make copies of petroleum product shipping, receiving, and invoice
documents and records to determine compliance with sections 239.75 to 239.792.
(b) The director shall limit inspection to information and data relating to product
quantity, quality, oxygen biofuel content, and octane. The director shall maintain the
confidentiality of certain records as required by section 239.791.

    Sec. 40. Minnesota Statutes 2012, section 239.80, subdivision 1, is amended to read:
    Subdivision 1. Violations; enforcement actions of department; Waiver. (a) The
director, or any delegated employee shall use the methods in section 239.75 to enforce
sections 239.10; 239.101, subdivision 3; 239.761; 239.77; 239.79; 239.791; and 239.792.
    (b) The director or any delegated employee may waive a penalty for a violation
under section 239.77 or 239.791 on a retailer when ethanol or biodiesel are not available
at a pipeline or refinery to meet the blending requirements of this chapter, and the terminal
has had ethanol or biodiesel blended products available to the licensed distributor for 20 of
the previous 30 days. The director or delegated employee shall use the reports required
in section 239.754 or other available information in making a determination under this
paragraph. The commissioner shall work with the commissioner of agriculture, biodiesel
producers, ethanol producers, pipeline operators, and terminal operators, to ensure that
biodiesel and ethanol are available for blending at pipeline and refinery terminals where
diesel fuel and gasoline are sold and destined for use in Minnesota.

    Sec. 41. Minnesota Statutes 2012, section 332.33, subdivision 5, is amended to read:
    Subd. 5. Collection agency license issuance. Every application for a collection
agency license or renewal shall be acted upon promptly by the commissioner but in no
event more than 45 days after receipt of the application. Each applicant may be issued a
temporary license after submitting a complete application which meets all requirements
for licensure. This license shall be effective until a permanent license is issued by the
commissioner. If the application complies in form and substance with sections 332.31
to 332.45 and the rules adopted under those sections and the commissioner finds that
the applicant is qualified under sections 332.31 to 332.45, the commissioner shall issue
a license immediately. If the application is not sufficient in form or substance, the
commissioner shall reject it and notify the applicant of the manner in which it is deficient.
The rejection is without prejudice to the filing of a new application. On finding that the an
applicant for a collection agency license is not qualified under sections 332.31 to 332.45,
the commissioner shall reject the application and shall give the applicant written notice of
the rejection and the reasons for the rejection.

    Sec. 42. Minnesota Statutes 2012, section 332.33, subdivision 5a, is amended to read:
    Subd. 5a. Individual collector registration. A licensed collection agency, on behalf
of an individual collector, must register with the state all individuals in the collection
agency's employ who are performing the duties of a collector as defined in sections 332.31
to 332.45. The collection agency must apply for an individual collection registration on in
a form provided prescribed by the commissioner, or electronically when available. The
collection agency shall verify on the form that the applicant has confirmed that the applicant
meets the requirements to perform the duties of a collector as defined in sections 332.31 to
332.45 . Upon submission of the form application to the department, the individual may
begin to perform the duties of a collector and may continue to do so unless the licensed
collection agency is informed by the commissioner that the individual is ineligible.

    Sec. 43. Minnesota Statutes 2012, section 332.33, subdivision 7, is amended to read:
    Subd. 7. Changes; notice to commissioner. (a) A licensed collection agency must
give the commissioner written notice of a change in company name, address, or ownership
not later than 15 ten days after the change occurs. A registered individual collector must
give written notice of a change of address, name, or assumed name no later than 30 ten
days after the change occurs.
(b) Upon the death of any collection agency licensee, the license of the decedent
may be transferred to the executor or administrator of the estate for the unexpired term of
the license. The executor or administrator may be authorized to continue or discontinue
the collection business of the decedent under the direction of the court having jurisdiction
of the probate.

    Sec. 44. REPEALER.
    Subdivision 1. Statutory repeals. (a) Minnesota Statutes 2012, sections 45.0111;
45.42, subdivision 1; 46.045, subdivision 2; 46.047; 48.34; 53A.081; 56.001, subdivisions
5 and 6; 60A.18; 62A.319; 72B.02, subdivision 8; 80C.30; 81A.08; 81A.18; 82.60,
subdivisions 2, 3, and 4; 82.63, subdivisions 7, 9, and 10; 82A.04; 82A.07; 82A.08;
82A.11, subdivision 2; 82A.111, subdivision 5; 82A.13, subdivision 3; 82A.18,
subdivision 3; 82A.22, subdivisions 1 and 3; 82A.24, subdivision 5; 115C.111; 239.002;
239.003; 239.012; 239.101, subdivision 4; 239.28; 239.29; 239.30; 239.31; 239.35;
239.36; 239.51; 239.511; 239.53; 239.54; 239.80, subdivisions 2 and 3; 332.45; and
386.61, subdivisions 1, 2, and 4, are repealed.
(b) Minnesota Statutes 2013 Supplement, sections 82.63, subdivision 8; and 82A.06,
subdivision 2, are repealed.
    Subd. 2. Administrative rules repeals. Minnesota Rules, parts 2782.0200;
2782.0300; 2782.0400; 2782.0500; 2782.0600; 2782.0700; 2782.0800; 2795.2000;
2830.0010; 2830.0020; 2830.0030; 2830.0040; 2830.0050; 2830.0060; 2830.0070;
2830.0080; 2830.0090; 2830.0100; 2870.0100; 2870.1100; 2870.1200; 2870.1400;
2870.1700; 2870.1800; 2870.1900; 2870.2000; 2870.2100; 2870.2200; 2870.2300;
2870.3100; 2870.3200; 2870.3300; 2870.3400; 2870.3500; 2870.3600; 2870.3700;
2870.3800; 2870.3900; 2870.4000; 2870.4100; 2870.5100; 7601.7010; 7601.7090,
subpart 3; and 7602.0100, are repealed.

ARTICLE 2

CONFORMING CHANGES

    Section 1. Minnesota Statutes 2012, section 16D.04, subdivision 1, is amended to read:
    Subdivision 1. Duties. The commissioner shall provide services to the state
and referring agencies to collect debts referred for collection under this chapter. The
commissioner is not a collection agency as defined by section 332.31, subdivision 3, and
is not licensed, bonded, or regulated by the commissioner of commerce under sections
332.31 to 332.35 or 332.38 to 332.45 332.44. The commissioner is subject to section
332.37 , except clause (9), (10), (12), or (19). Debts referred to the commissioner for
collection under section 256.9792 may in turn be referred by the commissioner to the
enterprise. An audited financial statement may not be required as a condition of debt
placement with a private agency if the private agency: (1) has errors and omissions
coverage under a professional liability policy in an amount of at least $1,000,000; or (2)
has a fidelity bond to cover actions of its employees, in an amount of at least $100,000. In
cases of debts referred under section 256.9792, the provisions of this chapter and section
256.9792 apply to the extent they are not in conflict. If they are in conflict, the provisions
of section 256.9792 control. For purposes of this chapter, the referring agency for such
debts remains the Department of Human Services.

    Sec. 2. Minnesota Statutes 2012, section 16D.04, subdivision 4, is amended to read:
    Subd. 4. Authority to contract. The commissioners of revenue and management
and budget may contract with credit bureaus, private collection agencies, and other
entities as necessary for the collection of debts. A private collection agency acting under
a contract with the commissioner of revenue or management and budget is subject to
sections 332.31 to 332.45 332.44, except that the private collection agency may indicate
that it is acting under a contract with the state. The commissioner may not delegate the
powers provided under section 16D.08 to any nongovernmental entity.

    Sec. 3. Minnesota Statutes 2012, section 45.0111, subdivision 2, is amended to read:
    Subd. 2. Nonapplication. A temporary license as described in this section may not
be issued to an applicant for licensure as a:
(1) currency exchange regulated under chapter 53A;
(2) collection agency regulated under sections 332.31 to 332.45 332.44;
(3) credit service organization regulated under sections 332.52 to 332.60; or
(4) broker-dealer, investment advisor, or agent regulated under chapter 80A.

    Sec. 4. Minnesota Statutes 2012, section 47.78, is amended to read:
47.78 CONTRACTS TO PROVIDE SERVICES.
(a) Notwithstanding any other law to the contrary, a financial institution, the
"customer institution," may contract with another financial institution, the "service
institution," to grant the service institution the authority to render services to the customer
institution's depositors, borrowers or other customers, provided notice of the proposed
contract is given to the commissioner and the commissioner does not object to the contract
within 30 days of the notice.
(b) For purposes of this section: "Financial institution" means a national banking
association, federal savings association, or federal credit union having its main office in
this state, or a bank, savings bank, savings association, or credit union established and
operating under the laws of this state; and "services" means accepting and receiving
deposits, honoring and paying withdrawals, issuing money orders, cashiers' checks, and
travelers' checks or similar instruments, cashing checks or drafts, receiving loan payments,
receiving or delivering cash and instruments and securities, disbursing loan proceeds by
machine, and any other transactions authorized by section 47.63.
The term also includes a bank subsidiary of a bank holding company or affiliated
savings association to the extent agency activities are permitted under section 18 of the
Federal Deposit Insurance Act, United States Code, title 12, section 1828, as amended,
effective September 29, 1995, and title I, Riegle-Neal Interstate Banking and Branching
Efficiency Act of 1994.
(c) A contract entered into pursuant to this section may include authority to conduct
transactions at or through any principal office, branch, or detached facility of either
financial institution which is a party to the contract, and the service institution is not
considered a branch of the customer institution for purposes of section 48.34.

    Sec. 5. Minnesota Statutes 2012, section 48.93, subdivision 1, is amended to read:
    Subdivision 1. Application. An out-of-state bank holding company may, through a
purchase of stock or assets of a bank, or through a purchase of stock or assets of or merger
with a bank holding company, acquire control in an existing bank or banks whose home
state is Minnesota if it meets the conditions in this section, sections 46.047 and section
46.048 and it files an application in writing with the commissioner on forms provided by
the department. The commissioner, upon receipt of the application, shall act upon it in the
manner provided for in sections 46.047 and section 46.048, except that the commissioner
may extend the 60-day period an additional 30 days if in the commissioner's judgment any
material information submitted is substantially inaccurate or the acquiring party has not
furnished all the information required by statute, rule, or the commissioner. Within three
days after making the decision to disapprove any proposed acquisition, the commissioner
shall notify the acquiring party in writing of the disapproval. The notice must provide a
statement of the basis for the disapproval.

    Sec. 6. Minnesota Statutes 2012, section 48.93, subdivision 3, is amended to read:
    Subd. 3. Criteria for approval. Except as otherwise provided by rule of the
department, an application filed pursuant to subdivision 1 must contain the information
required by sections 46.047 and section 46.048.

    Sec. 7. Minnesota Statutes 2012, section 82A.04, subdivision 2, is amended to read:
    Subd. 2. Application contents. The application for registration shall include:
(1) an irrevocable appointment of the commissioner to receive service of any lawful
process as required by section 82A.22, subdivision 1;
(2) (1) the name of the campground, the membership camping operator's name
and the address of its principal place of business, the form, date of organization, and
jurisdiction of its organization; and the name and address of each of its offices in this state;
(3) (2) a copy of the membership camping operator's articles of incorporation,
partnership agreement, or joint venture agreement as contemplated or currently in effect;
(4) (3) the name, address, and principal occupation for the past five years of the
membership camping operator and of each controlling person of the membership camping
operator, and the extent and nature of each such person's interest in the membership
camping operator as of a specified date within 30 days prior to the filing of the application;
(5) (4) a statement indicating whether or not the membership camping operator, or
any of the persons identified in clause (4), within the past ten years has been:
(i) convicted of a felony; or
(ii) enjoined or received any adverse administrative order relating to the sale of
securities, land, or campgrounds or based on violations of any consumer protection
statutes. If any of the above has occurred, the name of the person involved, the jurisdiction,
offense, and date of the offense shall be listed;
(6) (5) a legal description of each campground owned or operated in this state by the
membership camping operator which is represented to be available for use by purchasers,
and a map or maps showing the location of all campgrounds, wherever located, which
are owned or operated by the membership camping operator and represented to be
available for use by purchasers, and a statement identifying the existing amenities at each
such campground and the planned amenities represented as to be available for use by
purchasers in the future at each such campground;
(7) (6) the states or jurisdictions in which an application for registration or similar
document has been filed by the membership camping operator pursuant to any statute
similar to this chapter regulating membership camping contracts and any adverse order,
judgment, or decree entered against the operator in connection with membership camping
contracts by any regulatory authority in any jurisdiction or by any court;
(8) (7) a statement of the condition of the title to the campground owned or operated
in this state by the membership camping operator and represented to be available for use
by purchasers, including all encumbrances, deed restrictions, and covenants applicable
thereto with data as to recording, as of a specified date within 30 days prior to the date of
application, by a title opinion of a licensed attorney or by a title insurance policy, naming
the operator or lender as beneficiaries and issued by an insurance company authorized to
do business in this state, or by any evidence of title acceptable to the commissioner;
(9) (8) copies of the instruments by which the membership camping operator's
interest in the campgrounds in this state was acquired;
(10) (9) copies of all recorded or unrecorded instruments, known to the membership
campground operator, that evidence blanket encumbrances that materially adversely
affect the campgrounds in this state;
(11) (10) if there is a blanket encumbrance which materially adversely affects
the campgrounds located in this state, a legal description of the encumbrance, and a
description of the steps taken to protect purchasers, in accordance with section 82A.14,
clause (1), in case of failure to discharge the lien or encumbrance;
(12) (11) evidence showing compliance with the zoning and other applicable
environmental or land use laws, ordinances, and rules affecting the use of the campgrounds
located in this state;
(13) (12) a statement of the existing and planned provisions for the following with
respect to campgrounds located in this state:
(i) purchasers' access to the campgrounds;
(ii) the availability of sewage disposal facilities and other public utilities, including
but not limited to water, electricity, gas, and telephone facilities in the campgrounds;
(iii) the proximity of community fire and police protection;
(iv) a statement of the amenities which will be represented to purchasers as
guaranteed to be constructed or installed, whether the operator will be responsible
for their cost, installation, and maintenance, and an estimated cost of and schedule for
completion of the same; provided that the estimated completion dates need not be more
precise than the year in which completion is estimated to occur, and may be extended for
the period of any delays caused by or deferred due to the occurrence of events such as
acts of God, strikes, and other causes outside the reasonable control of the membership
camping operator; and assurance that such amenities will be completed by filing a bond or
irrevocable letter of credit, depositing funds in an escrow account, or such other provision
as the commissioner may by order allow. The amount of the bond or escrow account shall
be reduced monthly in proportion to the amount paid for completion of the amenities
during such period. The bond, letter of credit, or escrow account shall be issued or held by
a bank or insurance or surety company authorized to do business in this state;
(v) a statement of the amenities to be represented to purchasers as planned for
construction and installation, but not guaranteed, whether the operator will be responsible
for their costs, installation, and maintenance, and an estimated cost of and schedule for
completion of the same; provided that the estimated completion dates need not be more
precise than the year in which completion is estimated to occur and may be extended for
the period of any delays caused by or deferred due to the occurrence of events such as
acts of God, strikes, and other causes outside the reasonable control of the membership
camping operator;
(14) (13) the proposed disclosure statement as required by section 82A.05,
subdivision 1 , and the proposed separate disclosure, if applicable, as required by section
82A.05, subdivision 6 ;
(15) (14) a financial statement of the membership camping operator as of the end of
the membership camping operator's most recent fiscal year, prepared by an independent
public accountant and certified by the camping operator; and, if the fiscal year end of
the membership camping operator is in excess of 180 days prior to the date of filing
the application, a financial statement, which may be unaudited, as of a date within 180
days of the date of application;
(16) (15) a statement of the applicable material permits, other than building permits,
not yet obtained but required to be obtained from various federal, state, and local agencies
to operate the campground in this state, stating which have been applied for. If any
permit has been refused, the reasons for the refusal and the effect the refusal will have on
subsequent development of the campgrounds must be disclosed;
(17) (16) a copy of each type of membership camping contract to be sold in this
state, the purchase price of each type and, if the price varies, the reason for the variance;
(18) (17) the number of membership camping contracts proposed to be sold at
each campground located in this state and a statement describing the method used to
determine the number;
(19) (18) rules of general applicability governing use and occupancy of the
campgrounds; but not including any rules adopted in response to unique local or
immediate needs;
(20) (19) copies of applications for and contracts with any reciprocal program entity
in which the membership camping operator is to participate and represents as available for
use by purchasers;
(21) (20) information concerning purchase or lease costs, rules, forms, and any fees,
other than the initial membership fee and annual dues, which are required for purchaser
usage of in-park trailers, recreational vehicles, tents, or other overnight accommodations,
provided by or through the membership camping operator, for purchasers as an alternative
to using the purchaser's own mobile accommodations; and
(22) (21) any additional information the commissioner reasonably deems appropriate
to administer the provisions of this chapter.

    Sec. 8. Minnesota Statutes 2012, section 82A.05, subdivision 6, is amended to read:
    Subd. 6. Separate disclosure. If the membership camping operator or that person's
salespeople represents to a prospective purchaser that the operator plans to construct or
install any amenities in the future, but the operator has not guaranteed to do so and has
not provided assurances that the amenities will be installed pursuant to section 82A.04,
subdivision 2 , clause (13)(iv), the operator shall furnish a separate disclosure to the
prospective purchaser. The separate disclosure shall be in 10-point bold type and shall
state: NOTICE: PURCHASE THIS MEMBERSHIP CAMPING CONTRACT ONLY
ON THE BASIS OF EXISTING AMENITIES. CONSTRUCTION OF PLANNED
AMENITIES IS NOT GUARANTEED. CONSTRUCTION MAY BE DEFERRED,
REVISED, OR CANCELED FOR A VARIETY OF REASONS. THE PLANNED
AMENITIES FOR THIS CAMPGROUND ARE (Insert list of amenities, including
estimated year of completion of each). IF THE SALESPERSON DESCRIBES A
SIGNIFICANT AMENITY WHICH IS NOT ON THIS LIST, TELEPHONE COLLECT
OR TOLL FREE TO (Insert headquarters telephone number) TO VERIFY THE
OPERATOR'S PLAN FOR SUCH A FACILITY.
The separate disclosure shall be delivered to each person to whom an offer is made
before or concurrently with:
(1) the first written offer other than offer by means of an advertisement; or
(2) any payment pursuant to a sale, whichever is first.
The seller shall obtain a receipt, signed by the person, acknowledging that the person
has received a copy of the separate disclosure required herein prior to the execution by the
purchaser of any membership camping contract. All receipts shall be kept in files which
are in the possession of the membership camping operator or broker subject to inspection
by the commissioner for a period of three years from the date of the receipt.

    Sec. 9. Minnesota Statutes 2013 Supplement, section 82A.06, subdivision 2, is
amended to read:
    Subd. 2. Partial transactional exemptions. The following transactions are exempt
from the provisions of sections 82A.03; 82A.04; 82A.05; 82A.07; 82A.08; 82A.11,
subdivisions 2 and subdivision 4; and 82A.14: any sale which is made to a person who is
not then physically present in this state, and any offer which invites an offeree to attend a
sales presentation in another state if:
(1) the offeror has given at least ten days prior written notice to the commissioner
of its intention to offer or sell membership camping contracts to residents of this state
pursuant to this exemption and paid a fee of $50;
(2) the offeror has demonstrated that the sales presentation will be made, and the
sale will be consummated, in a state which specifically regulates the offer and sale of
membership camping contracts;
(3) the offeror has demonstrated that it will deliver a disclosure statement to offerees
who are residents of this state which contains substantially the same or greater disclosure
as is required by section 82A.05; and
(4) the offeror has filed a consent to service of process pursuant to section 82A.22.

    Sec. 10. Minnesota Statutes 2012, section 82A.08, subdivision 1, is amended to read:
    Subdivision 1. Requirement. During the period a registration is effective, the
membership camping operator shall file an annual report in a format the commissioner
may reasonably prescribe. Every annual report shall be due by the 120th day following
the end of the operator's fiscal year, unless extended in writing by the commissioner
for good cause. The annual report shall:
(1) specify the aggregate number of membership camping contracts sold in this state
pursuant to the registration or any amendment thereof;
(2) specify the number of membership camping contracts and aggregate dollar
amount of all sales of membership camping contracts in this state by the membership
camping operator since the date the registration became effective, or since the last annual
report was filed with the commissioner, whatever date is later;
(3) specify any exemption from registration claimed for any sale described in
clause (2);
(4) list any changes in the information required to be filed under section 82A.04,
subdivision 2 , clause (4);
(5) (4) include an audited or unaudited financial statement consisting of a balance
sheet for the membership camping operator's last fiscal year end and an income statement
for the 12 months next preceding the date of the balance sheet, both prepared by an
independent certified public accountant; and
(6) (5) provide such other information as the commissioner may by rule or order
reasonably require to administer the provisions of this chapter, including but not limited
to, audited financial statements.

    Sec. 11. Minnesota Statutes 2012, section 82A.09, subdivision 2, is amended to read:
    Subd. 2. Restrictions. No person shall publish or cause to be published in this state
any advertisement concerning any membership camping contract which is required to be
registered pursuant to this chapter, or which is exempt from registration under section
82A.06, subdivision 2, after the commissioner has found that the advertisement contains
any statement that is false or misleading, or omits to make any statement necessary in
order to make the statements made, in light of the circumstances under which they were
made, not misleading, and has so notified the person by written order. The order may be
issued without prior notice or hearing. Up to 30 days after the issuance of the order, the
person desiring to use the advertisement may in writing request a hearing on the order.
Upon receipt of a written request, the matter shall be set for hearing to commence within
15 days after the receipt unless the person making the request consents to a later date.
After the hearing, which shall be conducted in accordance with the provisions of chapter
14, the commissioner shall, by written order, either affirm, modify, or vacate the order.

    Sec. 12. Minnesota Statutes 2012, section 82A.11, subdivision 2, is amended to read:
    Subd. 2. Generally. Any membership camping contract not exempt under section
82A.06, and entered into after January 1, 1986, is voidable at the discretion of the
purchaser, for a period of three years from the date of the sale, if the contract was not
registered under this chapter at the time of the sale, unless subsequently thereto the contract
is registered under this chapter and in connection therewith, the purchaser has received
a written offer to repurchase the contract for cash payable on closing of the repurchase,
together with interest thereon from the date of the purchase at the legal rate or at the rate
charged by the membership camping operator or lender to the purchaser, whichever is
higher, and the purchaser has failed to accept the offer in writing within 30 days of its
receipt. No offer of repurchase shall be effective unless a duplicate copy thereof has been
filed with the commissioner at least 20 days prior to its delivery to the offeree and the
commissioner has not objected to the offer within that time. The offer to repurchase shall
be in the form and contain the information the commissioner by rule or order prescribes.
If the purchaser no longer owns the membership camping contract, the purchaser shall be
entitled to maintain an action at law, and the damages shall be the consideration paid for the
membership camping contract, together with interest thereon as specified above from the
date of acquisition to the date of disposition, plus costs and reasonable attorney's fees, less
the value received by the purchaser upon disposition of the membership camping contract.

    Sec. 13. Minnesota Statutes 2012, section 115C.113, is amended to read:
115C.113 ORDERS.
The commissioner of commerce may issue an order requiring a registrant or
applicant for registration to show cause why the registration should not be revoked or
suspended, the registrant censured, the application denied, or other sanction imposed
under section 115C.111 or 115C.112. The order must be calculated to give reasonable
notice of the time and place for hearing on the matter, and must state the reasons for the
entry of the order. The commissioner of commerce may by order summarily suspend a
registration pending final determination of an order to show cause. A hearing on the
merits must be held within 30 days of the issuance of the order of summary suspension.
All hearings must be conducted under chapter 14. After the hearing, the commissioner of
commerce shall enter an order disposing of the matter as the facts require. If the registrant
or applicant for registration fails to appear at a hearing after having been duly notified of
it, the person shall be considered in default, and the proceeding may be determined against
the registrant or applicant for registration upon consideration of the order to show cause,
the allegations of which may be considered to be true.

    Sec. 14. Minnesota Statutes 2012, section 115C.13, is amended to read:
115C.13 REPEALER.
Sections 115C.01, 115C.02, 115C.021, 115C.03, 115C.04, 115C.045, 115C.05,
115C.06 , 115C.065, 115C.07, 115C.08, 115C.09, 115C.093, 115C.094, 115C.10, 115C.11,
115C.111, 115C.112, 115C.113, 115C.12, and 115C.13, are repealed effective June 30,
2017.

    Sec. 15. Minnesota Statutes 2012, section 239.011, subdivision 2, is amended to read:
    Subd. 2. Duties and powers. To carry out the responsibilities in section 239.01
and subdivision 1, the director:
(1) shall take charge of, keep, and maintain in good order the standard of weights
and measures of the state and keep a seal so formed as to impress, when appropriate, the
letters "MINN" and the date of sealing upon the weights and measures that are sealed;
(2) has general supervision of the weights, measures, and weighing and measuring
devices offered for sale, sold, or in use in the state;
(3) shall maintain traceability of the state standards to the national standards of the
National Institute of Standards and Technology;
(4) shall enforce this chapter;
(5) shall grant variances from department rules, within the limits set by rule, when
appropriate to maintain good commercial practices or when enforcement of the rules
would cause undue hardship;
(6) shall conduct investigations to ensure compliance with this chapter;
(7) may delegate to division personnel the responsibilities, duties, and powers
contained in this section;
(8) shall test annually, and approve when found to be correct, the standards of
weights and measures used by the division, by a town, statutory or home rule charter city,
or county within the state, or by a person using standards to repair, adjust, or calibrate
commercial weights and measures;
(9) shall inspect and test weights and measures kept, offered, or exposed for sale;
(10) shall inspect and test, to ascertain if they are correct, weights and measures
commercially used to:
(i) determine the weight, measure, or count of commodities or things sold, offered,
or exposed for sale, on the basis of weight, measure, or count; and
(ii) compute the basic charge or payment for services rendered on the basis of
weight, measure, or count;
(11) shall approve for use and mark weights and measures that are found to be correct;
(12) shall reject, and mark as rejected, weights and measures that are found to be
incorrect and may seize them if those weights and measures:
(i) are not corrected within the time specified by the director;
(ii) are used or disposed of in a manner not specifically authorized by the director; or
(iii) are found to be both incorrect and not capable of being made correct, in which
case the director shall condemn those weights and measures;
(13) shall weigh, measure, or inspect packaged commodities kept, offered, or exposed
for sale, sold, or in the process of delivery, to determine whether they contain the amount
represented and whether they are kept, offered, or exposed for sale in accordance with
this chapter and department rules. In carrying out this section, the director must employ
recognized sampling procedures, such as those contained in National Institute of Standards
and Technology Handbook 133, "Checking the Net Contents of Packaged Goods";
(14) shall prescribe the appropriate term or unit of weight or measure to be used for
a specific commodity when an existing term or declaration of quantity does not facilitate
value comparisons by consumers, or creates an opportunity for consumer confusion;
(15) shall allow reasonable variations from the stated quantity of contents, including
variations caused by loss or gain of moisture during the course of good distribution
practice or by unavoidable deviations in good manufacturing practice, only after the
commodity has entered commerce within the state;
(16) shall inspect and test petroleum products in accordance with this chapter and
chapter 296A;
(17) shall distribute and post notices for used motor oil and used motor oil filters and
lead acid battery recycling in accordance with sections 239.54, 325E.11, and 325E.115;
(18) shall collect inspection fees in accordance with sections 239.10 and 239.101; and
(19) shall provide metrological services and support to businesses and individuals in
the United States who wish to market products and services in the member nations of the
European Economic Community, and other nations outside of the United States by:
(i) meeting, to the extent practicable, the measurement quality assurance standards
described in the International Standards Organization ISO 17025;
(ii) maintaining, to the extent practicable, certification of the metrology laboratory
by an internationally accepted accrediting body such as the National Voluntary Laboratory
Accreditation Program (NVLAP); and
(iii) providing calibration and consultation services to metrology laboratories in
government and private industry in the United States.

    Sec. 16. Minnesota Statutes 2012, section 239.46, is amended to read:
239.46 FINES CREDITED TO SCHOOL FUNDS.
All fines collected under the provisions of sections 239.28 to section 239.38 shall
be paid to the county treasurer for the benefit of the school fund of the county where
the action is brought.

    Sec. 17. Minnesota Statutes 2012, section 325E.11, is amended to read:
325E.11 COLLECTION FACILITIES; NOTICE.
(a) Any person selling at retail or offering motor oil or motor oil filters for retail
sale in this state shall:
(1) post a notice indicating the nearest location where used motor oil and used motor
oil filters may be returned at no cost for recycling or reuse, post a toll-free telephone
number that may be called by the public to determine a convenient location, or post a
listing of locations where used motor oil and used motor oil filters may be returned at
no cost for recycling or reuse; or
(2) if the person is subject to section 325E.112, subdivision 1, paragraph (b), post
a notice informing customers purchasing motor oil or motor oil filters of the location of
the used motor oil and used motor oil filter collection site established by the retailer in
accordance with section 325E.112, subdivision 1, paragraph (b), where used motor oil and
used motor oil filters may be returned at no cost.
(b) A notice under paragraph (a) shall be posted on or adjacent to the motor oil and
motor oil filter displays, be at least 8-1/2 inches by 11 inches in size, contain the universal
recycling symbol with the following language:
(1) "It is illegal to put used oil and used motor oil filters in the garbage.";
(2) "Recycle your used oil and used motor oil filters."; and
(3)(i) "There is a free collection site here for your used oil and used motor oil filters.";
(ii) "There is a free collection site for used oil and used motor oil filters located at
(name of business and street address).";
(iii) "For the location of a free collection site for used oil and used motor oil filters
call (toll-free phone number)."; or
(iv) "Here is a list of free collection sites for used oil and used motor oil filters."
(c) The Division of Weights and Measures in the Department of Commerce shall
enforce compliance with this section as provided in section 239.54. The Pollution Control
Agency shall enforce compliance with this section under sections 115.071 and 116.072 in
coordination with the Division of Weights and Measures.

    Sec. 18. Minnesota Statutes 2012, section 325E.115, subdivision 2, is amended to read:
    Subd. 2. Compliance; management. The Division of Weights and Measures in
the Department of Commerce shall enforce compliance of subdivision 1 as provided in
section 239.54. The commissioner of the Pollution Control Agency shall inform persons
governed by subdivision 1 of requirements for managing lead acid batteries.

    Sec. 19. Minnesota Statutes 2012, section 332.31, subdivision 1, is amended to read:
    Subdivision 1. Terms. The terms in this section for the purposes of sections 332.31
to 332.45 332.44 shall have the meanings given them.

    Sec. 20. Minnesota Statutes 2012, section 332.311, is amended to read:
332.311 TRANSFER OF ADMINISTRATIVE FUNCTIONS.
The powers, duties, and responsibilities of the consumer services section under
sections 332.31 to 332.45 332.44 relating to collection agencies are hereby transferred to
and imposed upon the commissioner of commerce.

    Sec. 21. Minnesota Statutes 2012, section 332.33, subdivision 1, is amended to read:
    Subdivision 1. Requirement. Except as otherwise provided in this chapter, no
person shall conduct within this state a collection agency or engage within this state
in the business of collecting claims for others as defined in sections 332.31 to 332.45
332.44, without having first applied for and obtained a collection agency license. A person
acting under the authority of a collection agency, as a collector, must first register with the
commissioner under this section. A registered collector may use one additional assumed
name only if the assumed name is registered with and approved by the commissioner.

    Sec. 22. Minnesota Statutes 2012, section 332.33, subdivision 2, is amended to read:
    Subd. 2. Penalty. A person who carries on business as a collection agency without
first having obtained a license or acts as a collector without first having registered with
the commissioner pursuant to sections 332.31 to 332.45 332.44, or who carries on this
business after the revocation, suspension, or expiration of a license or registration is
guilty of a misdemeanor.

    Sec. 23. Minnesota Statutes 2012, section 332.33, subdivision 3, is amended to read:
    Subd. 3. Term. Licenses issued or renewed and registrations received by the
commissioner of commerce under sections 332.31 to 332.45 332.44 shall expire on June
30. Each collection agency license shall plainly state the name and business address of
the licensee, and shall be posted in a conspicuous place in the office where the business
is transacted. The fee for each collection agency license is $500, and renewal is $400.
The fee for each collector registration and renewal is $10. A collection agency licensee
who desires to carry on business in more than one place shall procure a license for each
place where the business is to be conducted.

    Sec. 24. Minnesota Statutes 2012, section 332.33, subdivision 5, is amended to read:
    Subd. 5. Collection agency license issuance. Every application for a collection
agency license or renewal shall be acted upon promptly by the commissioner but in no
event more than 45 days after receipt of the application. Each applicant may be issued a
temporary license after submitting a complete application which meets all requirements
for licensure. This license shall be effective until a permanent license is issued by the
commissioner. If the application complies in form and substance with sections 332.31 to
332.45 332.44 and the rules adopted under those sections and the commissioner finds that
the applicant is qualified under sections 332.31 to 332.45 332.44, the commissioner shall
issue a license immediately. If the application is not sufficient in form or substance, the
commissioner shall reject it and notify the applicant of the manner in which it is deficient.
The rejection is without prejudice to the filing of a new application. On finding that the
applicant is not qualified under sections 332.31 to 332.45 332.44, the commissioner shall
reject the application and shall give the applicant written notice of the rejection and the
reasons for the rejection.

    Sec. 25. Minnesota Statutes 2012, section 332.33, subdivision 5a, is amended to read:
    Subd. 5a. Individual collector registration. A licensed collection agency, on behalf
of an individual collector, must register with the state all individuals in the collection
agency's employ who are performing the duties of a collector as defined in sections
332.31 to 332.45 332.44. The collection agency must apply for an individual collection
registration on a form provided by the commissioner, or electronically when available.
The collection agency shall verify on the form that the applicant has confirmed that the
applicant meets the requirements to perform the duties of a collector as defined in sections
332.31 to 332.45 332.44. Upon submission of the form to the department, the individual
may begin to perform the duties of a collector and may continue to do so unless the licensed
collection agency is informed by the commissioner that the individual is ineligible.

    Sec. 26. Minnesota Statutes 2012, section 332.38, is amended to read:
332.38 APPLICATION IN CASE OF PRETENDED PURCHASE,
ASSIGNMENT OR USE OF A FICTITIOUS NAME.
The provisions of sections 332.31 to 332.45 332.44 shall apply to any person
who, by any device, subterfuge or pretense, makes a pretended purchase or takes a
pretended assignment of accounts from another for the purpose of evading provisions of
sections 332.31 to 332.45 332.44, or, uses a fictitious name or any name other than the
person's own name which would indicate to the debtor that a third person is collecting or
attempting to collect such account or claim.

    Sec. 27. Minnesota Statutes 2012, section 332.39, is amended to read:
332.39 INJUNCTIONS.
The attorney general or the county attorney of any county may apply for an
injunction in district court to enjoin any violations of sections 332.31 to 332.45 332.44, or
any practices prohibited in section 332.37, and any such court may issue temporary or
permanent injunctions as the circumstances shall require. Such injunctive proceedings
shall be in addition to and not in lieu of penalties and remedies otherwise provided in
sections 332.31 to 332.45 332.44.

    Sec. 28. Minnesota Statutes 2012, section 332.40, subdivision 1, is amended to read:
    Subdivision 1. Examination of licensee's or registered individual collector's
records. The commissioner of commerce may make examinations of the collection
records of a licensee or registered individual collector at a reasonable time and in a scope
as is necessary to enforce the provisions of sections 332.31 to 332.45 332.44, and for that
purpose the commissioner shall have free access to the books and records of a licensee
or registered individual collector relating thereto. If a licensee or registered individual
collector violates any provision of sections 332.31 to 332.45 332.44, or any administrative
rules issued pursuant to sections 332.31 to 332.45 332.44, fails to maintain its financial
condition sufficient to qualify for licensure or registration on an original application, or,
fails to maintain its registration or comply with all of the requirements of chapter 303,
the commissioner may, after notice and hearing in accordance with the provisions of the
laws of this state governing proceedings before administrative agencies, revoke a license
or registration, or suspend a license or registration for a period as the commissioner
deems proper.

    Sec. 29. Minnesota Statutes 2012, section 332.40, subdivision 2, is amended to read:
    Subd. 2. Other examinations. The commissioner may investigate within or
without this state as the commissioner deems necessary to determine whether any person
has violated any provision of the Fair Debt Collection Practices Act of 1977, Public
Law 95-109 or of sections 332.31 to 332.45 332.44, or any rule or order thereunder; to
determine whether a license or registration should be issued, renewed, or revoked; to aid
in the enforcement of sections 332.31 to 332.45 332.44; or in prescribing rules and forms
thereunder. The commissioner may publish information concerning any violation of
sections 332.31 to 332.45 332.44 or any rule or order thereunder.

    Sec. 30. Minnesota Statutes 2012, section 332.40, subdivision 3, is amended to read:
    Subd. 3. Commissioner's powers. For the purpose of any investigation or
proceeding under sections 332.31 to 332.45 332.44, the commissioner or any person
designated by the commissioner may administer oaths and affirmations, subpoena
collection agencies or collectors and compel their attendance, take evidence and require
the production of any books, papers, correspondence, memoranda, agreements or other
documents or records which the commissioner deems relevant or material to the inquiry.
The subpoena shall contain a written statement setting forth the circumstances which have
reasonably caused the commissioner to believe that a violation of sections 332.31 to
332.45 332.44 may have occurred.
In the event that the collection agency or collector refuses to obey the subpoena, or
should the commissioner, upon completion of the examination of the collection agency
or collector, reasonably conclude that a violation has occurred, the commissioner may
examine additional witnesses, including third parties, as may be necessary to complete the
investigation.
Any subpoena issued pursuant to this section shall be served by certified mail or by
personal service. Service shall be made at least 15 days prior to the date of appearance.

    Sec. 31. Minnesota Statutes 2012, section 332.42, subdivision 1, is amended to read:
    Subdivision 1. Verified financial statement. The commissioner of commerce may
at any time require a collection agency licensee to submit a verified financial statement for
examination by the commissioner to determine whether the collection agency licensee
is financially responsible to carry on a collection agency business within the intents and
purposes of sections 332.31 to 332.45 332.44.

    Sec. 32. Minnesota Statutes 2012, section 332.42, subdivision 2, is amended to read:
    Subd. 2. Record keeping. The commissioner shall require the collection agency
licensee to keep such books and records in the licensee's place of business in this state as
will enable the commissioner to determine whether there has been compliance with the
provisions of sections 332.31 to 332.45 332.44, unless the agency is a foreign corporation
duly authorized, admitted, and licensed to do business in this state and complies with all
the requirements of chapter 303 and with all other requirements of sections 332.31 to
332.45 332.44. Every collection agency licensee shall preserve the records of final entry
used in such business for a period of five years after final remittance is made on any
amount placed with the licensee for collection or after any account has been returned to
the claimant on which one or more payments have been made.

    Sec. 33. Minnesota Statutes 2012, section 332.44, is amended to read:
332.44 RULEMAKING POWER.
The commissioner of commerce shall make and file in accordance with the
provisions of chapter 14, all reasonable rules as shall be necessary for the administration
of sections 332.31 to 332.45 332.44.

    Sec. 34. Minnesota Statutes 2012, section 386.015, subdivision 5, is amended to read:
    Subd. 5. Public and private fees. The county recorder shall charge and collect all
fees as prescribed by law and all such fees collected as county recorder shall be paid to the
county in the manner and at the time prescribed by the county board, but not less often
than once each month. This subdivision shall apply to the fees collected by the county
recorder in performing the duties of the registrar of titles and all such fees shall be paid to
the county as herein provided. A county recorder may retain as personal compensation
any fees the recorder is permitted to charge by law for services rendered in a private
capacity as a registered abstracter as defined in section 386.61, subdivision 2, clause (2).

    Sec. 35. Minnesota Statutes 2012, section 386.62, is amended to read:
386.62 LICENSE REQUIRED.
No official, person, firm, association, or corporation shall engage in the business
of making abstracts of title and issuing certificates showing ownership of, or interest in,
or liens upon any lands in the state of Minnesota, whether registered or not, without first
obtaining a license pursuant to the provisions of sections 386.61 386.62 to 386.76.

    Sec. 36. Minnesota Statutes 2012, section 386.65, subdivision 1, is amended to read:
    Subdivision 1. Procedure; conditions. Applications for a license shall be made
to the commissioner and shall be upon a form to be prepared by the commissioner
and contain such information as may be required by it. Each applicant must pass an
examination approved for use by the commissioner. The examination must be of sufficient
scope to establish the applicant as capable of performing the duties of an abstracter whose
work will be for the use and protection of the public. If application is made by a firm or
corporation, one of the members or managing officials thereof shall take such examination.
If the applicant successfully passes the examination and complies with all the provisions of
sections 386.61 386.62 to 386.76, the commissioner shall issue a license to the applicant.

    Sec. 37. Minnesota Statutes 2012, section 386.705, is amended to read:
386.705 ADMINISTRATIVE ACTIONS AND PENALTIES.
An abstracter licensed under sections 386.61 386.62 to 386.76 is subject to the
penalties imposed pursuant to section 45.027. The commissioner has all the powers
provided in section 45.027 and shall proceed in the manner provided by that section in
actions against abstracters.

    Sec. 38. Minnesota Statutes 2012, section 386.706, is amended to read:
386.706 RULES.
The commissioner may adopt rules necessary for the administration of sections
386.61 386.62 to 386.76.

    Sec. 39. Minnesota Statutes 2012, section 386.73, is amended to read:
386.73 COUNTY RECORDERS, MAY EMPLOY LICENSED
ABSTRACTERS.
Nothing herein shall prohibit any county recorder who does not hold a certificate
of authority pursuant to the provisions hereof from employing a licensed abstracter and
issuing abstracts pursuant to sections 386.61 386.62 to 386.76.

    Sec. 40. Minnesota Statutes 2012, section 386.74, is amended to read:
386.74 RIGHTS OF COUNTY RECORDERS NOT ABRIDGED.
Sections 386.61 386.62 to 386.76 shall not apply to nor abridge the rights of county
recorders, as set forth in section 386.37.

    Sec. 41. Minnesota Statutes 2012, section 386.76, is amended to read:
386.76 VIOLATION A MISDEMEANOR.
Any person who violates any of the provisions of sections 386.61 386.62 to 386.76
shall be guilty of a misdemeanor.

    Sec. 42. REPEALER.
Minnesota Statutes 2012, sections 13.713, subdivision 4; and 72A.53, are repealed.