308 | | - | REVISOR RSI H2443-1HF2443 FIRST ENGROSSMENT 10.1 (B) bona fide preexisting clients whose principal places of residence are not in this state |
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309 | | - | 10.2if the investment adviser is registered under the securities act of the state in which the clients |
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310 | | - | 10.3maintain principal places of residence; or |
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311 | | - | 10.4 (C) any other client exempted by rule adopted or order issued under this chapter; |
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312 | | - | 10.5 (2) a person without a place of business in this state if the person has had, during the |
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313 | | - | 10.6preceding 12 months, not more than five clients that are resident in this state in addition to |
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314 | | - | 10.7those specified under paragraph (1); |
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315 | | - | 10.8 (3) A private fund advisor adviser, subject to the additional requirements of subsection |
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316 | | - | 10.9(c), if the private fund adviser satisfies each of the following conditions: |
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317 | | - | 10.10 (i) neither the private fund adviser nor any of its advisory affiliates are subject to a |
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318 | | - | 10.11disqualification as described in Rule 262 of SEC Regulation A, Code of Federal Regulations, |
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319 | | - | 10.12title 17, section 230.262; |
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320 | | - | 10.13 (ii) the private fund adviser files with the state each report and amendment thereto that |
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321 | | - | 10.14an exempt reporting adviser is required to file with the Securities and Exchange Commission |
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322 | | - | 10.15pursuant to SEC Rule 204-4, Code of Federal Regulations, title 17, section 275.204-4; or |
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323 | | - | 10.16and |
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324 | | - | 10.17 (iii) the private fund adviser pays the fees under section 80A.65, subdivision 2b; or |
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325 | | - | 10.18 (4) any other person exempted by rule adopted or order issued under this chapter. |
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326 | | - | 10.19 (c) Additional requirements for private fund advisers to certain 3(c)(1) funds. In |
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327 | | - | 10.20order to qualify for the exemption described in subsection (b)(3), a private fund adviser |
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328 | | - | 10.21who advises at least one 3(c)(1) fund that is not a venture capital fund shall, in addition to |
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329 | | - | 10.22satisfying each of the conditions specified in subsection (b)(3), comply with the following |
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330 | | - | 10.23requirements: |
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331 | | - | 10.24 (1) The private fund adviser shall advise only those 3(c)(1) funds, other than venture |
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332 | | - | 10.25capital funds, whose outstanding securities, other than short-term paper, are beneficially |
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333 | | - | 10.26owned entirely by persons who, after deducting the value of the primary residence from the |
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334 | | - | 10.27person's net worth, would each meet the definition of a qualified client in SEC Rule 205-3, |
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335 | | - | 10.28Code of Federal Regulations, title 17, section 275.205-3, at the time the securities are |
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336 | | - | 10.29purchased from the issuer; |
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337 | | - | 10.30 (2) At the time of purchase, the private fund adviser shall disclose the following in |
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338 | | - | 10.31writing to each beneficial owner of a 3(c)(1) fund that is not a venture capital fund: |
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339 | | - | 10.32 (i) all services, if any, to be provided to individual beneficial owners; |
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340 | | - | 10Article 2 Sec. 2. |
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341 | | - | REVISOR RSI H2443-1HF2443 FIRST ENGROSSMENT 11.1 (ii) all duties, if any, the investment adviser owes to the beneficial owners; and |
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342 | | - | 11.2 (iii) any other material information affecting the rights or responsibilities of the beneficial |
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343 | | - | 11.3owners; and |
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344 | | - | 11.4 (3) The private fund adviser shall obtain on an annual basis audited financial statements |
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345 | | - | 11.5of each 3(c)(1) fund that is not a venture capital fund and shall deliver a copy of such audited |
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346 | | - | 11.6financial statements to each beneficial owner of the fund. |
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347 | | - | 11.7 (d) Federal covered investment advisers. If a private fund adviser is registered with |
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348 | | - | 11.8the Securities and Exchange Commission, the adviser shall not be eligible for the private |
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349 | | - | 11.9fund adviser exemption under paragraph (b), clause (3), and shall comply with the state |
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350 | | - | 11.10notice filing requirements applicable to federal covered investment advisers in section |
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351 | | - | 11.1180A.58. |
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352 | | - | 11.12 (e) Investment adviser representatives. A person is exempt from the registration |
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353 | | - | 11.13requirements of section 80A.58, paragraph (a), if he or she is employed by or associated |
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354 | | - | 11.14with an investment adviser that is exempt from registration in this state pursuant to the |
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355 | | - | 11.15private fund adviser exemption under paragraph (b), clause (3), and does not otherwise |
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356 | | - | 11.16engage in activities that would require registration as an investment adviser representative. |
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357 | | - | 11.17 (f) Electronic filings. The report filings described in subsection (b)(3)(ii) shall be made |
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358 | | - | 11.18electronically through the IARD. A report shall be deemed filed when the report and the |
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359 | | - | 11.19fee required by sections 80A.60 and 80A.65 are filed and accepted by the IARD on the |
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360 | | - | 11.20state's behalf. |
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361 | | - | 11.21 (g) Transition. An investment adviser who becomes ineligible for the exemption provided |
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362 | | - | 11.22by this section must comply with all applicable laws and rules requiring registration or |
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363 | | - | 11.23notice filing within 90 days from the date of the investment adviser's eligibility for this |
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364 | | - | 11.24exemption ceases. |
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365 | | - | 11.25 (h) Grandfathering for investment advisers to 3(c)(1) funds with nonqualified |
---|
366 | | - | 11.26clients. An investment adviser to a 3(c)(1) fund (other than a venture capital fund) that has |
---|
367 | | - | 11.27one or more beneficial owners who are not qualified clients as described in paragraph (c), |
---|
368 | | - | 11.28clause (1), is eligible for the exemption contained in paragraph (b), clause (3), if the following |
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369 | | - | 11.29conditions are satisfied: |
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370 | | - | 11.30 (1) the subject fund existed prior to August 1, 2013; |
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371 | | - | 11.31 (2) as of August 1, 2013, the subject fund ceases to accept beneficial owners who are |
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372 | | - | 11.32not qualified clients, as described in paragraph (c), clause (1); |
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373 | | - | 11Article 2 Sec. 2. |
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374 | | - | REVISOR RSI H2443-1HF2443 FIRST ENGROSSMENT 12.1 (3) the investment adviser discloses in writing the information described in paragraph |
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375 | | - | 12.2(c), clause (2), to all beneficial owners of the fund; and |
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376 | | - | 12.3 (4) as of August 1, 2013, the investment adviser delivers audited financial statements |
---|
377 | | - | 12.4as required by paragraph (c), clause (3). |
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378 | | - | 12.5 (i) Limits on employment or association. It is unlawful for an investment adviser, |
---|
379 | | - | 12.6directly or indirectly, to employ or associate with an individual to engage in an activity |
---|
380 | | - | 12.7related to investment advice in this state if the registration of the individual is suspended |
---|
381 | | - | 12.8or revoked or the individual is barred from employment or association with an investment |
---|
382 | | - | 12.9adviser, federal covered investment adviser, or broker-dealer by an order under this chapter, |
---|
383 | | - | 12.10the Securities and Exchange Commission, or a self-regulatory organization, unless the |
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384 | | - | 12.11investment adviser did not know, and in the exercise of reasonable care could not have |
---|
385 | | - | 12.12known, of the suspension, revocation, or bar. Upon request from the investment adviser and |
---|
386 | | - | 12.13for good cause, the administrator, by order, may waive, in whole or in part, the application |
---|
387 | | - | 12.14of the prohibitions of this subsection to the investment adviser. |
---|
388 | | - | 12.15Sec. 3. Minnesota Statutes 2024, section 80A.65, subdivision 2, is amended to read: |
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389 | | - | 12.16 Subd. 2.Registration application and renewal filing fee.Every applicant for an initial |
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390 | | - | 12.17or renewal registration shall pay a filing fee of $200 in the case of a broker-dealer, $65 in |
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391 | | - | 12.18the case of an agent, $100 in the case of an investment adviser, and $50 in the case of an |
---|
392 | | - | 12.19investment adviser representative. When an application is denied or withdrawn, the filing |
---|
393 | | - | 12.20fee shall be retained. A registered agent who has terminated employment with one |
---|
394 | | - | 12.21broker-dealer shall, before beginning employment with another broker-dealer, pay a transfer |
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395 | | - | 12.22fee of $25 $65. A registered investment adviser representative who has terminated |
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396 | | - | 12.23employment with one investment adviser must, before beginning employment with another |
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397 | | - | 12.24investment adviser, pay a $50 transfer fee. |
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398 | | - | 12.25Sec. 4. Minnesota Statutes 2024, section 80A.65, is amended by adding a subdivision to |
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399 | | - | 12.26read: |
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400 | | - | 12.27 Subd. 2b.Private fund adviser filings.A private fund adviser must pay a $100 filing |
---|
401 | | - | 12.28fee when filing an initial or renewal notice required under section 80A.58. |
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402 | | - | 12.29Sec. 5. TASK FORCE ON HOMEOWNERS AND COMMERCIAL PROPERTY |
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403 | | - | 12.30INSURANCE. |
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404 | | - | 12.31 Subdivision 1.Establishment.A task force is established to evaluate issues and provide |
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405 | | - | 12.32recommendations relating to insurance affordability with respect to single-family housing, |
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406 | | - | 12Article 2 Sec. 5. |
---|
407 | | - | REVISOR RSI H2443-1HF2443 FIRST ENGROSSMENT 13.1multifamily rental housing, common interest communities, cooperatives, and small |
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408 | | - | 13.2businesses, and preventing disruptions or loss to the development, preservation, and long-term |
---|
409 | | - | 13.3sustainability of Minnesota's housing infrastructure and small businesses. |
---|
410 | | - | 13.4 Subd. 2.Membership.(a) The task force consists of the following: |
---|
411 | | - | 13.5 (1) one member appointed by the commissioner of commerce; |
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412 | | - | 13.6 (2) one member appointed by the speaker of the house; |
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413 | | - | 13.7 (3) one member appointed by the speaker emerita of the house; |
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414 | | - | 13.8 (4) one member appointed by the senate majority leader; |
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415 | | - | 13.9 (5) one member appointed by the senate minority leader; |
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416 | | - | 13.10 (6) one member appointed by the Minnesota Consortium of Community Developers; |
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417 | | - | 13.11 (7) four members with expertise in property and casualty insurance and reinsurance for |
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418 | | - | 13.12single-family and multifamily housing markets, including nonprofit and cooperative housing, |
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419 | | - | 13.13appointed by the Insurance Federation of Minnesota; |
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420 | | - | 13.14 (8) one member appointed by Big I Minnesota; |
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421 | | - | 13.15 (9) one member appointed by the Minnesota Realtors; |
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422 | | - | 13.16 (10) one member appointed by the Minnesota Community Development Financial |
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423 | | - | 13.17Institutions Coalition; |
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424 | | - | 13.18 (11) one member appointed by the Minnesota Homeownership Center; |
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425 | | - | 13.19 (12) one member appointed by the Greater Minneapolis Building Owners and Managers |
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426 | | - | 13.20Association; |
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427 | | - | 13.21 (13) one member appointed by the Minnesota chapter of the Community Associations |
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428 | | - | 13.22Institute; |
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429 | | - | 13.23 (14) one member appointed by the Minnesota Multi Housing Association; |
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430 | | - | 13.24 (15) one member appointed by the Housing Justice Center; and |
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431 | | - | 13.25 (16) one member with climate science expertise appointed by the Legislative Coordinating |
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432 | | - | 13.26Commission. |
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433 | | - | 13.27 (b) The appointing authorities must make the appointments by August 15, 2025. |
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434 | | - | 13.28 Subd. 3.Duties.(a) The task force must identify recommendations to strengthen and |
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435 | | - | 13.29stabilize the homeowners and commercial property insurance industry. |
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436 | | - | 13Article 2 Sec. 5. |
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437 | | - | REVISOR RSI H2443-1HF2443 FIRST ENGROSSMENT 14.1 (b) The task force must consult with the commissioners of the Minnesota Housing |
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438 | | - | 14.2Finance Agency, the Department of Employment and Economic Development, and other |
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439 | | - | 14.3key stakeholders in the homeowners and commercial property insurance and housing |
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440 | | - | 14.4industries. |
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441 | | - | 14.5 (c) The task force must review: |
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442 | | - | 14.6 (1) risk mitigation methodologies; |
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443 | | - | 14.7 (2) liability laws impacting insurance costs; |
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444 | | - | 14.8 (3) minimum notice for coverage changes, including enforcement and oversight; |
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445 | | - | 14.9 (4) public reporting of aggregated data relating to insurance plan costs and coverage; |
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446 | | - | 14.10 (5) the reinsurance market for homeowners and commercial property insurance; |
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447 | | - | 14.11 (6) the current state-supported insurance program and the potential to expand the program |
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448 | | - | 14.12to include a catastrophic reinsurance fund and a self-insured pool; |
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449 | | - | 14.13 (7) factors that increase claim costs, including but not limited to post-loss contractors, |
---|
450 | | - | 14.14fraudulent claims, climate, inflation, and discontinued building materials; and |
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451 | | - | 14.15 (8) other areas that would strengthen and stabilize the homeowners and commercial |
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452 | | - | 14.16property insurance industry. |
---|
453 | | - | 14.17 Subd. 4.Meetings.(a) The Legislative Coordinating Commission must ensure the first |
---|
454 | | - | 14.18meeting of the task force convenes no later than September 15, 2025, and must provide |
---|
455 | | - | 14.19accessible physical or virtual meeting space as necessary for the task force to conduct work. |
---|
456 | | - | 14.20 (b) At the first meeting, the task force must elect a chair or cochairs from the members |
---|
457 | | - | 14.21appointed by the house of representatives and senate by a majority vote of the members |
---|
458 | | - | 14.22present and may elect a vice-chair as necessary. |
---|
459 | | - | 14.23 (c) The task force must establish a schedule for meetings and must meet as necessary |
---|
460 | | - | 14.24to accomplish the duties under subdivision 3. |
---|
461 | | - | 14.25 (d) The task force is subject to Minnesota Statutes, chapter 13D. |
---|
462 | | - | 14.26 Subd. 5.Report required.(a) The task force must submit a report to the commissioners |
---|
463 | | - | 14.27of the Department of Commerce, Minnesota Housing Finance Agency, and the Department |
---|
464 | | - | 14.28of Employment and Economic Development, and the chairs and ranking minority members |
---|
465 | | - | 14.29of the legislative committees having jurisdiction over the agencies listed in this paragraph |
---|
466 | | - | 14.30by February 15, 2026. |
---|
467 | | - | 14.31 (b) The report must: |
---|
468 | | - | 14Article 2 Sec. 5. |
---|
469 | | - | REVISOR RSI H2443-1HF2443 FIRST ENGROSSMENT 15.1 (1) summarize the activities of the task force; |
---|
470 | | - | 15.2 (2) provide findings and recommendations adopted by the task force; |
---|
471 | | - | 15.3 (3) list recommended administrative changes to the relevant agencies; |
---|
472 | | - | 15.4 (4) include draft legislation to implement nonadministrative recommendations; and |
---|
473 | | - | 15.5 (5) include other information the task force believes is necessary to report. |
---|
474 | | - | 15.6 Subd. 6.Expiration.The task force expires upon submission of the report required |
---|
475 | | - | 15.7under subdivision 5. |
---|
476 | | - | 15.8 EFFECTIVE DATE.This section is effective the day following final enactment. |
---|
477 | | - | 15Article 2 Sec. 5. |
---|
478 | | - | REVISOR RSI H2443-1HF2443 FIRST ENGROSSMENT Page.Ln 1.11 |
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479 | | - | COMMERCE AND OFFICE OF CANNABIS MANAGEMENT |
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480 | | - | FINANCE...............................................................................................ARTICLE 1 |
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481 | | - | Page.Ln 7.10COMMERCE POLICY..........................................................................ARTICLE 2 |
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| 321 | + | REVISOR RSI/VJ 25-0280802/25/25 13,417,000$13,330,000$10.1Sec. 3. PUBLIC UTILITIES COMMISSION |
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| 322 | + | 10.2 ARTICLE 3 |
---|
| 323 | + | 10.3 RENEWABLE DEVELOPMENT ACCOUNT APPROPRIATIONS |
---|
| 324 | + | 10.4Section 1. RENEWABLE DEVELOPMENT FINANCE. |
---|
| 325 | + | 10.5 The sums shown in the columns marked "Appropriations" are appropriated to the agencies |
---|
| 326 | + | 10.6and for the purposes specified in this article. Notwithstanding Minnesota Statutes, section |
---|
| 327 | + | 10.7116C.779, subdivision 1, paragraph (j), the appropriations are from the renewable |
---|
| 328 | + | 10.8development account in the special revenue fund established in Minnesota Statutes, section |
---|
| 329 | + | 10.9116C.779, subdivision 1, and are available for the fiscal years indicated for each purpose. |
---|
| 330 | + | 10.10The figures "2026" and "2027" used in this article mean that the appropriations listed under |
---|
| 331 | + | 10.11them are available for the fiscal year ending June 30, 2026, or June 30, 2027, respectively. |
---|
| 332 | + | 10.12"The first year" is fiscal year 2026. "The second year" is fiscal year 2027. "The biennium" |
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| 333 | + | 10.13is fiscal years 2026 and 2027. If an appropriation in this article is enacted more than once |
---|
| 334 | + | 10.14in the 2025 regular or special legislative session, the appropriation must be given effect |
---|
| 335 | + | 10.15only once. |
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| 336 | + | 10.16 APPROPRIATIONS |
---|
| 337 | + | 10.17 Available for the Year |
---|
| 338 | + | 10.18 Ending June 30 |
---|
| 339 | + | 202710.19 2026 |
---|
| 340 | + | 10.20Sec. 2. DEPARTMENT OF COMMERCE |
---|
| 341 | + | 100,000$500,000$10.21Subdivision 1.Total Appropriation |
---|
| 342 | + | 10.22The amounts that may be spent for each |
---|
| 343 | + | 10.23purpose are specified in the following |
---|
| 344 | + | 10.24subdivisions. |
---|
| 345 | + | 10.25Subd. 2."Made in Minnesota" Administration |
---|
| 346 | + | 10.26$100,000 each year is to administer the "Made |
---|
| 347 | + | 10.27in Minnesota" solar energy production |
---|
| 348 | + | 10.28incentive program under Minnesota Statutes, |
---|
| 349 | + | 10.29section 216C.417. Any unobligated amount |
---|
| 350 | + | 10.30remaining on June 30, 2027, cancels to the |
---|
| 351 | + | 10.31renewable development account. |
---|
| 352 | + | 10Article 3 Sec. 2. |
---|
| 353 | + | REVISOR RSI/VJ 25-0280802/25/25 11.1Subd. 3.Microgrid Research and Application |
---|
| 354 | + | 11.2$400,000 the first year is for a grant to the |
---|
| 355 | + | 11.3University of St. Thomas Center for Microgrid |
---|
| 356 | + | 11.4Research, which must be used to: |
---|
| 357 | + | 11.5(1) increase the center's capacity to provide |
---|
| 358 | + | 11.6industry partners opportunities to test |
---|
| 359 | + | 11.7near-commercial microgrid products on a |
---|
| 360 | + | 11.8real-world scale and to multiply opportunities |
---|
| 361 | + | 11.9for innovative research; |
---|
| 362 | + | 11.10(2) procure advanced equipment and controls |
---|
| 363 | + | 11.11to enable the extension of the university's |
---|
| 364 | + | 11.12microgrid to additional buildings; and |
---|
| 365 | + | 11.13(3) expand (i) hands-on educational |
---|
| 366 | + | 11.14opportunities for undergraduate and graduate |
---|
| 367 | + | 11.15electrical engineering students to increase |
---|
| 368 | + | 11.16understanding of microgrid operations, and |
---|
| 369 | + | 11.17(ii) partnerships with community colleges. |
---|
| 370 | + | 92,000$92,000$ |
---|
| 371 | + | 11.18Sec. 3. DEPARTMENT OF |
---|
| 372 | + | 11.19ADMINISTRATION |
---|
| 373 | + | 11.20$92,000 each year is for software and |
---|
| 374 | + | 11.21administrative costs associated with the state |
---|
| 375 | + | 11.22building energy conservation improvement |
---|
| 376 | + | 11.23revolving loan program under Minnesota |
---|
| 377 | + | 11.24Statutes, section 16B.87. |
---|
| 378 | + | 11.25 ARTICLE 4 |
---|
| 379 | + | 11.26 FINANCIAL INSTITUTIONS POLICY |
---|
| 380 | + | 11.27Section 1. Minnesota Statutes 2024, section 47.60, subdivision 1, is amended to read: |
---|
| 381 | + | 11.28 Subdivision 1.Definitions.For purposes of this section, the terms defined have the |
---|
| 382 | + | 11.29meanings given them: |
---|
| 383 | + | 11.30 (a) "Consumer small loan" is a loan transaction, whether recourse or nonrecourse, in |
---|
| 384 | + | 11.31which cash is advanced to a borrower for the borrower's own personal, family, or household |
---|
| 385 | + | 11.32purpose. A consumer small loan is a short-term, unsecured loan to be repaid in a single |
---|
| 386 | + | 11.33installment. The cash advance of a consumer small loan is equal to or less than $350. A |
---|
| 387 | + | 11Article 4 Section 1. |
---|
| 388 | + | REVISOR RSI/VJ 25-0280802/25/25 12.1consumer small loan includes an indebtedness evidenced by but not limited to a promissory |
---|
| 389 | + | 12.2note or agreement to defer the presentation of a personal check or authorized account transfer |
---|
| 390 | + | 12.3for a fee or a charge identified under paragraph (c), including on a borrower's future potential |
---|
| 391 | + | 12.4money source, including but not limited to future pay, salary, or pension income. |
---|
| 392 | + | 12.5 (b) "Consumer small loan lender" is a financial institution as defined in section 47.59 |
---|
| 393 | + | 12.6or a business entity registered with the commissioner and engaged in the business of making |
---|
| 394 | + | 12.7consumer small loans. |
---|
| 395 | + | 12.8 (c) "Annual percentage rate" means a measure of the cost of credit, expressed as a yearly |
---|
| 396 | + | 12.9rate, that relates the amount and timing of value received by the consumer to the amount |
---|
| 397 | + | 12.10and timing of payments made. The cost or credit reflected in an annual percentage rate |
---|
| 398 | + | 12.11includes all amounts paid by a consumer or on a consumer's behalf in connection or |
---|
| 399 | + | 12.12concurrent with a consumer small loan, including: (1) interest, finance charges, and fees; |
---|
| 400 | + | 12.13(2) a charge for any ancillary product, membership, or service sold; (3) an amount offered |
---|
| 401 | + | 12.14or agreed to by a borrower to obtain credit or provide compensation to use money; (4) a |
---|
| 402 | + | 12.15voluntary or other fee charged that a borrower agrees to or pays; (5) a tip, voluntary payment, |
---|
| 403 | + | 12.16contribution, and similar amount solicited from or paid by a borrower; or (6) a charge to |
---|
| 404 | + | 12.17expedite an advance or other convenience charge. The annual percentage rate must be |
---|
| 405 | + | 12.18determined in accordance with either the actuarial method or the United States Rule method. |
---|
| 406 | + | 12.19Sec. 2. Minnesota Statutes 2024, section 47.60, subdivision 3, is amended to read: |
---|
| 407 | + | 12.20 Subd. 3.Filing License; fees.(a) Before a business entity other than a financial institution |
---|
| 408 | + | 12.21as defined by section 47.59 engages in the business of making consumer small loans to |
---|
| 409 | + | 12.22Minnesota residents, the business entity shall file with the commissioner as must obtain a |
---|
| 410 | + | 12.23consumer small loan lender license issued by the commissioner. |
---|
| 411 | + | 12.24 (b) The filing consumer small loan lender license application must be on a form prescribed |
---|
| 412 | + | 12.25by the commissioner together with a fee of $250 for each place of business and must contain |
---|
| 413 | + | 12.26the following information in addition to the information required by the commissioner: |
---|
| 414 | + | 12.27 (1) the applicant's full name, the address for the place of business, and any fictitious or |
---|
| 415 | + | 12.28trade name used by the applicant to conduct business; |
---|
| 416 | + | 12.29 (2) a list of the applicant's or person in control's criminal convictions, and any material |
---|
| 417 | + | 12.30litigation the applicant has been involved in during the ten-year period preceding the |
---|
| 418 | + | 12.31application submission; |
---|
| 419 | + | 12.32 (3) the addresses for all of the consumer small loan lender's offices, locations, or retail |
---|
| 420 | + | 12.33stores, if any, in Minnesota; |
---|
| 421 | + | 12Article 4 Sec. 2. |
---|
| 422 | + | REVISOR RSI/VJ 25-0280802/25/25 13.1 (4) a description of the consumer small loan activity the applicant seeks to provide in |
---|
| 423 | + | 13.2Minnesota; |
---|
| 424 | + | 13.3 (5) a schedule describing any charges the applicant proposes to charge or offer to a |
---|
| 425 | + | 13.4consumer who resides in Minnesota, as included in the cost of credit calculation under |
---|
| 426 | + | 13.5subdivision 1, paragraph (c); |
---|
| 427 | + | 13.6 (1) (6) evidence that the filer applicant has available for the operation of the business at |
---|
| 428 | + | 13.7the location specified, liquid assets of at least $50,000; and |
---|
| 429 | + | 13.8 (2) (7) a biographical statement on the principal person responsible for the operation |
---|
| 430 | + | 13.9and management of the business to be certified describing any individual person in control. |
---|
| 431 | + | 13.10 (c) In addition to the information required under paragraph (b), an applicant that is a |
---|
| 432 | + | 13.11corporation, limited liability company, partnership, or other legal entity must also provide: |
---|
| 433 | + | 13.12 (1) the date the applicant was incorporated or formed, and the state or country of |
---|
| 434 | + | 13.13incorporation or formation; and |
---|
| 435 | + | 13.14 (2) if applicable, a certificate of good standing from the state or country where the |
---|
| 436 | + | 13.15applicant is incorporated or formed. |
---|
| 437 | + | 13.16 (d) A consumer small loan lender license issued under this section expires at 11:59 p.m. |
---|
| 438 | + | 13.17on December 31 of the year for which the application is filed and is renewable on January |
---|
| 439 | + | 13.181 each year after that date. |
---|
| 440 | + | 13.19 (e) An initial consumer small loan lender license application must be accompanied by |
---|
| 441 | + | 13.20a $500 fee. Each subsequent renewal application must be accompanied by a $250 fee. |
---|
| 442 | + | 13.21 (f) Section 56.09 applies to a suspension or revocation of the filing is a consumer small |
---|
| 443 | + | 13.22loan lender license under this section in the same manner as in the case of a regulated lender |
---|
| 444 | + | 13.23license in under section 56.09. |
---|
| 445 | + | 13.24 (g) For purposes of this subdivision,: (1) "business entity" includes one that does not |
---|
| 446 | + | 13.25have a physical location in Minnesota that makes a consumer small loan electronically via |
---|
| 447 | + | 13.26the Internet.; and (2) "person in control" means a member of senior management, including |
---|
| 448 | + | 13.27an owner or officer, and a person who directly or indirectly possesses the power to direct |
---|
| 449 | + | 13.28or cause the direction of the applicant's or consumer small loan lender's management policies |
---|
| 450 | + | 13.29under this section, regardless of whether the person has an ownership interest in the applicant |
---|
| 451 | + | 13.30or licensee. Control is presumed to exist if a person directly or indirectly owns, controls, or |
---|
| 452 | + | 13.31holds with power to vote ten percent or more of the voting stock of an applicant or licensee |
---|
| 453 | + | 13.32or of a person who owns, controls, or holds with power to vote ten percent or more of the |
---|
| 454 | + | 13.33voting stock of an applicant or licensee. |
---|
| 455 | + | 13Article 4 Sec. 2. |
---|
| 456 | + | REVISOR RSI/VJ 25-0280802/25/25 14.1 Sec. 3. Minnesota Statutes 2024, section 47.60, subdivision 4, is amended to read: |
---|
| 457 | + | 14.2 Subd. 4.Books of account; annual report; schedule of charges; disclosures.(a) A |
---|
| 458 | + | 14.3lender filing licensed under subdivision 3 shall keep and use in the business books, accounts, |
---|
| 459 | + | 14.4and records as will enable the commissioner to determine whether the filer is complying |
---|
| 460 | + | 14.5with this section. |
---|
| 461 | + | 14.6 (b) A lender filing licensed under subdivision 3 shall annually on or before March 15 |
---|
| 462 | + | 14.7file a report to the commissioner giving the information the commissioner reasonably |
---|
| 463 | + | 14.8requires concerning the business and operations during the preceding calendar year, including |
---|
| 464 | + | 14.9the information required to be reported under section 47.601, subdivision 4. |
---|
| 465 | + | 14.10 (c) A lender filing licensed under subdivision 3 shall display prominently in each place |
---|
| 466 | + | 14.11of business a full and accurate schedule, to be approved by the commissioner, of the charges |
---|
| 467 | + | 14.12to be made and the method of computing those charges. A lender shall furnish a copy of |
---|
| 468 | + | 14.13the contract of loan to a person obligated on it or who may become obligated on it at any |
---|
| 469 | + | 14.14time upon the request of that person. This is in addition to any disclosures required by the |
---|
| 470 | + | 14.15federal Truth in Lending Act, United States Code, title 15. |
---|
| 471 | + | 14.16 (d) A lender filing licensed under subdivision 3 shall, upon repayment of the loan in |
---|
| 472 | + | 14.17full, mark indelibly every obligation signed by the borrower with the word "Paid" or |
---|
| 473 | + | 14.18"Canceled" within 20 days after repayment. |
---|
| 474 | + | 14.19 (e) A lender filing licensed under subdivision 3 shall display prominently, in each licensed |
---|
| 475 | + | 14.20place of business, a full and accurate statement of the charges to be made for loans made |
---|
| 476 | + | 14.21under this section. The statement of charges must be displayed in a notice, on plastic or |
---|
| 477 | + | 14.22other durable material measuring at least 12 inches by 18 inches, headed "CONSUMER |
---|
| 478 | + | 14.23NOTICE REQUIRED BY THE STATE OF MINNESOTA." The notice shall include, |
---|
| 479 | + | 14.24immediately above the statement of charges, the following sentence, or a substantially |
---|
| 480 | + | 14.25similar sentence approved by the commissioner: "These loan charges are higher than |
---|
| 481 | + | 14.26otherwise permitted under Minnesota law. Minnesota law permits these higher charges only |
---|
| 482 | + | 14.27because short-term small loans might otherwise not be available to consumers. If you have |
---|
| 483 | + | 14.28another source of a loan, you may be able to benefit from a lower interest rate and other |
---|
| 484 | + | 14.29loan charges." The notice must not contain any other statement or information, unless the |
---|
| 485 | + | 14.30commissioner has determined that the additional statement or information is necessary to |
---|
| 486 | + | 14.31prevent confusion or inaccuracy. The notice must be designed with a type size that is large |
---|
| 487 | + | 14.32enough to be readily noticeable and legible. The form of the notice must be approved by |
---|
| 488 | + | 14.33the commissioner prior to its use. |
---|
| 489 | + | 14Article 4 Sec. 3. |
---|
| 490 | + | REVISOR RSI/VJ 25-0280802/25/25 15.1 Sec. 4. Minnesota Statutes 2024, section 47.60, subdivision 5, is amended to read: |
---|
| 491 | + | 15.2 Subd. 5.Complaints alleging violation.A person obligated to or having been obligated |
---|
| 492 | + | 15.3to a consumer small loan lender filing under subdivision 3 and having that has reason to |
---|
| 493 | + | 15.4believe that this section has been violated may file with the commissioner a written complaint |
---|
| 494 | + | 15.5setting forth the details of the alleged violation. The commissioner, upon receipt of the |
---|
| 495 | + | 15.6complaint, may inspect the pertinent books, records, letters, and contracts of the lender and |
---|
| 496 | + | 15.7borrower involved. The commissioner may assess against the lender a fee covering the |
---|
| 497 | + | 15.8necessary costs of an investigation under this section. The commissioner may maintain an |
---|
| 498 | + | 15.9action for the recovery of the costs in a court of competent jurisdiction. |
---|
| 499 | + | 15.10Sec. 5. Minnesota Statutes 2024, section 47.60, is amended by adding a subdivision to |
---|
| 500 | + | 15.11read: |
---|
| 501 | + | 15.12 Subd. 5a.Examinations.(a) The commissioner may examine the affairs, business, |
---|
| 502 | + | 15.13office, and records of a licensee and of other persons subject to examination under this |
---|
| 503 | + | 15.14section. Examinations under this section may occur as often as is considered necessary. The |
---|
| 504 | + | 15.15commissioner may accept examination reports prepared by a state or federal agency that |
---|
| 505 | + | 15.16has comparable supervisory powers and examination procedures. |
---|
| 506 | + | 15.17 (b) The commissioner may assess a fee to cover the costs necessary to conduct an |
---|
| 507 | + | 15.18examination under this subdivision, as required under section 46.131. The fee is payable to |
---|
| 508 | + | 15.19the commissioner upon the commissioner's request for payment. The commissioner may |
---|
| 509 | + | 15.20maintain an action to recover costs under this subdivision in any court of competent |
---|
| 510 | + | 15.21jurisdiction. |
---|
| 511 | + | 15.22 (c) The commissioner may disclose information not otherwise subject to disclosure |
---|
| 512 | + | 15.23under section 46.07 to representatives of state or federal agencies pursuant to agreements |
---|
| 513 | + | 15.24or relationships with other government officials or federal and state regulatory agencies and |
---|
| 514 | + | 15.25regulatory associations in order to: (1) improve efficiencies and reduce regulatory burden |
---|
| 515 | + | 15.26by standardizing methods or procedures; and (2) share resources, records, or related |
---|
| 516 | + | 15.27information obtained under this section. |
---|
| 517 | + | 15.28Sec. 6. Minnesota Statutes 2024, section 47.60, subdivision 8, is amended to read: |
---|
| 518 | + | 15.29 Subd. 8.No evasion.(a) A person must not engage in any device, subterfuge, or pretense |
---|
| 519 | + | 15.30to evade the requirements of this section, including but not limited to: |
---|
| 520 | + | 15.31 (1) making loans disguised as a personal property sale and leaseback transaction; |
---|
| 521 | + | 15Article 4 Sec. 6. |
---|
| 522 | + | REVISOR RSI/VJ 25-0280802/25/25 16.1 (2) representing that an advance is a not a loan because the advance (i) is nonrecourse, |
---|
| 523 | + | 16.2(ii) is repaid with assigned wages or other present or future income, or (iii) may be not |
---|
| 524 | + | 16.3subject to certain collection methods, credit reporting, or repayment demands; |
---|
| 525 | + | 16.4 (2) (3) disguising loan proceeds as a cash rebate for the pretextual installment sale of |
---|
| 526 | + | 16.5goods or services; or |
---|
| 527 | + | 16.6 (3) (4) making, offering, assisting, or arranging for a debtor to obtain a loan with a greater |
---|
| 528 | + | 16.7rate or amount of interest, consideration, charge, or payment than is permitted by this section |
---|
| 529 | + | 16.8through any method, including mail, telephone, Internet, or any electronic means, regardless |
---|
| 530 | + | 16.9of whether a person has a physical location in Minnesota. |
---|
| 531 | + | 16.10 (b) A person is a consumer small loan lender subject to the requirements of this section |
---|
| 532 | + | 16.11notwithstanding the fact that a person purports to act as an agent or service provider, or acts |
---|
| 533 | + | 16.12in another capacity for another person that is not subject to this section, if a person: |
---|
| 534 | + | 16.13 (1) directly or indirectly holds, acquires, or maintains the predominant economic interest, |
---|
| 535 | + | 16.14risk, or reward in a loan or lending business; or |
---|
| 536 | + | 16.15 (2) both: (i) markets, solicits, brokers, arranges, or facilitates a loan; and (ii) holds or |
---|
| 537 | + | 16.16holds the right, requirement, or first right of refusal to acquire loans, receivables, or other |
---|
| 538 | + | 16.17direct or interest in a loan. |
---|
| 539 | + | 16.18 (c) A person is a consumer small loan lender subject to the requirements of this section |
---|
| 540 | + | 16.19if the totality of the circumstances indicate that a person is a lender and the transaction is |
---|
| 541 | + | 16.20structured to evade the requirements of this section. Circumstances that weigh in favor of |
---|
| 542 | + | 16.21a person being a lender in a transaction include but are not limited to instances where a |
---|
| 543 | + | 16.22person: |
---|
| 544 | + | 16.23 (1) indemnifies, insures, or protects a person not subject to this section from any costs |
---|
| 545 | + | 16.24or risks related to a loan; |
---|
| 546 | + | 16.25 (2) predominantly designs, controls, or operates lending activity; |
---|
| 547 | + | 16.26 (3) holds the trademark or intellectual property rights in the brand, underwriting system, |
---|
| 548 | + | 16.27or other core aspects of a lending business; or |
---|
| 549 | + | 16.28 (4) purports to act as an agent or service provider, or acts in another capacity, for a person |
---|
| 550 | + | 16.29not subject to this section while acting directly as a lender in one or more states. |
---|
| 551 | + | 16.30Sec. 7. Minnesota Statutes 2024, section 47.601, subdivision 1, is amended to read: |
---|
| 552 | + | 16.31 Subdivision 1.Definitions.(a) For the purposes of this section, the terms defined in this |
---|
| 553 | + | 16.32subdivision have the meanings given. |
---|
| 554 | + | 16Article 4 Sec. 7. |
---|
| 555 | + | REVISOR RSI/VJ 25-0280802/25/25 17.1 (b) "Annual percentage rate" has the meaning given in section 47.60, subdivision 1. |
---|
| 556 | + | 17.2 (c) "Borrower" means an individual who obtains a consumer short-term loan primarily |
---|
| 557 | + | 17.3for personal, family, or household purposes. |
---|
| 558 | + | 17.4 (d) "Commissioner" means the commissioner of commerce. |
---|
| 559 | + | 17.5 (e) "Consumer short-term loan" means a loan to a borrower, whether recourse or |
---|
| 560 | + | 17.6nonrecourse, including on a borrower's future potential money source, including but not |
---|
| 561 | + | 17.7limited to future pay, salary, or pension income, which has a principal amount, or an advance |
---|
| 562 | + | 17.8on a credit limit, of $1,300 or less and requires a minimum payment within 60 days of loan |
---|
| 563 | + | 17.9origination or credit advance of more than 25 percent of the principal balance or credit |
---|
| 564 | + | 17.10advance. For the purposes of this section, each new advance of money to a borrower under |
---|
| 565 | + | 17.11a consumer short-term loan agreement constitutes a new consumer short-term loan. A |
---|
| 566 | + | 17.12"consumer short-term loan" does not include any transaction made under chapter 325J or |
---|
| 567 | + | 17.13a loan made by a consumer short-term lender where, in the event of default on the loan, the |
---|
| 568 | + | 17.14sole recourse for recovery of the amount owed, other than a lawsuit for damages for the |
---|
| 569 | + | 17.15debt, is to proceed against physical goods pledged by the borrower as collateral for the loan. |
---|
| 570 | + | 17.16 (f) "Consumer short-term lender" means an individual or entity engaged in the business |
---|
| 571 | + | 17.17of making or arranging consumer short-term loans, other than a state or federally chartered |
---|
| 572 | + | 17.18bank, savings bank, or credit union. For the purposes of this paragraph, arranging consumer |
---|
| 573 | + | 17.19short-term loans includes but is not limited to any substantial involvement in facilitating, |
---|
| 574 | + | 17.20marketing, lead-generating, underwriting, servicing, or collecting consumer short-term |
---|
| 575 | + | 17.21loans. |
---|
| 576 | + | 17.22Sec. 8. Minnesota Statutes 2024, section 47.601, subdivision 5a, is amended to read: |
---|
| 577 | + | 17.23 Subd. 5a.No evasion.(a) A person must not engage in any device, subterfuge, or pretense |
---|
| 578 | + | 17.24to evade the requirements of this section, including but not limited to: |
---|
| 579 | + | 17.25 (1) making loans disguised as a personal property sale and leaseback transaction; |
---|
| 580 | + | 17.26 (2) representing that an advance is not a loan because the advance (i) is nonrecourse, |
---|
| 581 | + | 17.27(ii) is repaid with assigned wages or other present or future income, or (iii) may be not |
---|
| 582 | + | 17.28subject to certain collection methods, credit reporting, or repayment demands; |
---|
| 583 | + | 17.29 (2) (3) disguising loan proceeds as a cash rebate for the pretextual installment sale of |
---|
| 584 | + | 17.30goods or services; or |
---|
| 585 | + | 17.31 (3) (4) making, offering, assisting, or arranging for a debtor to obtain a loan with a greater |
---|
| 586 | + | 17.32rate or amount of interest, consideration, charge, or payment than is permitted by this section |
---|
| 587 | + | 17Article 4 Sec. 8. |
---|
| 588 | + | REVISOR RSI/VJ 25-0280802/25/25 18.1through any method, including mail, telephone, Internet, or any electronic means, regardless |
---|
| 589 | + | 18.2of whether a person has a physical location in Minnesota. |
---|
| 590 | + | 18.3 (b) A person is a consumer short-term loan lender subject to the requirements of this |
---|
| 591 | + | 18.4section notwithstanding the fact that a person purports to act as an agent or service provider, |
---|
| 592 | + | 18.5or acts in another capacity for another person that is not subject to this section, if a person: |
---|
| 593 | + | 18.6 (1) directly or indirectly holds, acquires, or maintains the predominant economic interest, |
---|
| 594 | + | 18.7risk, or reward in a loan or lending business; or |
---|
| 595 | + | 18.8 (2) both: (i) markets, solicits, brokers, arranges, or facilitates a loan; and (ii) holds or |
---|
| 596 | + | 18.9holds the right, requirement, or first right of refusal to acquire loans, receivables, or other |
---|
| 597 | + | 18.10direct or interest in a loan. |
---|
| 598 | + | 18.11 (c) A person is a consumer short-term loan lender subject to the requirements of this |
---|
| 599 | + | 18.12section if the totality of the circumstances indicate that a person is a lender and the transaction |
---|
| 600 | + | 18.13is structured to evade the requirements of this section. Circumstances that weigh in favor |
---|
| 601 | + | 18.14of a person being a lender in a transaction include but are not limited to instances where a |
---|
| 602 | + | 18.15person: |
---|
| 603 | + | 18.16 (1) indemnifies, insures, or protects a person not subject to this section from any costs |
---|
| 604 | + | 18.17or risks related to a loan; |
---|
| 605 | + | 18.18 (2) predominantly designs, controls, or operates lending activity; |
---|
| 606 | + | 18.19 (3) holds the trademark or intellectual property rights in the brand, underwriting system, |
---|
| 607 | + | 18.20or other core aspects of a lending business; or |
---|
| 608 | + | 18.21 (4) purports to act as an agent or service provider, or acts in another capacity, for a person |
---|
| 609 | + | 18.22not subject to this section while acting directly as a lender in one or more states. |
---|
| 610 | + | 18.23Sec. 9. Minnesota Statutes 2024, section 47.601, subdivision 7, is amended to read: |
---|
| 611 | + | 18.24 Subd. 7.Attorney general Enforcement.The commissioner of commerce must enforce |
---|
| 612 | + | 18.25this section under section 45.027 and the attorney general shall must enforce this section |
---|
| 613 | + | 18.26under section 8.31. |
---|
| 614 | + | 18Article 4 Sec. 9. |
---|
| 615 | + | REVISOR RSI/VJ 25-0280802/25/25 19.1 Sec. 10. Minnesota Statutes 2024, section 80A.58, is amended to read: |
---|
| 616 | + | 19.2 80A.58 SECTION 403; INVESTMENT ADVISER REGISTRATION |
---|
| 617 | + | 19.3REQUIREMENT AND EXEMPTIONS. |
---|
| 618 | + | 19.4 (a) Registration requirement. It is unlawful for a person to transact business in this |
---|
| 619 | + | 19.5state as an investment adviser or investment adviser representative unless the person is |
---|
| 620 | + | 19.6registered under this chapter or is exempt from registration under subsection (b). |
---|
| 621 | + | 19.7 (b) Exemptions from registration. The following persons are exempt from the |
---|
| 622 | + | 19.8registration requirement of subsection (a): |
---|
| 623 | + | 19.9 (1) any person whose only clients in this state are: |
---|
| 624 | + | 19.10 (A) federal covered investment advisers, investment advisers registered under this |
---|
| 625 | + | 19.11chapter, or broker-dealers registered under this chapter; |
---|
| 626 | + | 19.12 (B) bona fide preexisting clients whose principal places of residence are not in this state |
---|
| 627 | + | 19.13if the investment adviser is registered under the securities act of the state in which the clients |
---|
| 628 | + | 19.14maintain principal places of residence; or |
---|
| 629 | + | 19.15 (C) any other client exempted by rule adopted or order issued under this chapter; |
---|
| 630 | + | 19.16 (2) a person without a place of business in this state if the person has had, during the |
---|
| 631 | + | 19.17preceding 12 months, not more than five clients that are resident in this state in addition to |
---|
| 632 | + | 19.18those specified under paragraph (1); |
---|
| 633 | + | 19.19 (3) A private fund advisor adviser, subject to the additional requirements of subsection |
---|
| 634 | + | 19.20(c), if the private fund adviser satisfies each of the following conditions: |
---|
| 635 | + | 19.21 (i) neither the private fund adviser nor any of its advisory affiliates are subject to a |
---|
| 636 | + | 19.22disqualification as described in Rule 262 of SEC Regulation A, Code of Federal Regulations, |
---|
| 637 | + | 19.23title 17, section 230.262; |
---|
| 638 | + | 19.24 (ii) the private fund adviser files with the state each report and amendment thereto that |
---|
| 639 | + | 19.25an exempt reporting adviser is required to file with the Securities and Exchange Commission |
---|
| 640 | + | 19.26pursuant to SEC Rule 204-4, Code of Federal Regulations, title 17, section 275.204-4; or |
---|
| 641 | + | 19.27and |
---|
| 642 | + | 19.28 (iii) the private fund adviser pays the fees under section 80A.65, subdivision 2b; or |
---|
| 643 | + | 19.29 (4) any other person exempted by rule adopted or order issued under this chapter. |
---|
| 644 | + | 19.30 (c) Additional requirements for private fund advisers to certain 3(c)(1) funds. In |
---|
| 645 | + | 19.31order to qualify for the exemption described in subsection (b)(3), a private fund adviser |
---|
| 646 | + | 19Article 4 Sec. 10. |
---|
| 647 | + | REVISOR RSI/VJ 25-0280802/25/25 20.1who advises at least one 3(c)(1) fund that is not a venture capital fund shall, in addition to |
---|
| 648 | + | 20.2satisfying each of the conditions specified in subsection (b)(3), comply with the following |
---|
| 649 | + | 20.3requirements: |
---|
| 650 | + | 20.4 (1) The private fund adviser shall advise only those 3(c)(1) funds, other than venture |
---|
| 651 | + | 20.5capital funds, whose outstanding securities, other than short-term paper, are beneficially |
---|
| 652 | + | 20.6owned entirely by persons who, after deducting the value of the primary residence from the |
---|
| 653 | + | 20.7person's net worth, would each meet the definition of a qualified client in SEC Rule 205-3, |
---|
| 654 | + | 20.8Code of Federal Regulations, title 17, section 275.205-3, at the time the securities are |
---|
| 655 | + | 20.9purchased from the issuer; |
---|
| 656 | + | 20.10 (2) At the time of purchase, the private fund adviser shall disclose the following in |
---|
| 657 | + | 20.11writing to each beneficial owner of a 3(c)(1) fund that is not a venture capital fund: |
---|
| 658 | + | 20.12 (i) all services, if any, to be provided to individual beneficial owners; |
---|
| 659 | + | 20.13 (ii) all duties, if any, the investment adviser owes to the beneficial owners; and |
---|
| 660 | + | 20.14 (iii) any other material information affecting the rights or responsibilities of the beneficial |
---|
| 661 | + | 20.15owners; and |
---|
| 662 | + | 20.16 (3) The private fund adviser shall obtain on an annual basis audited financial statements |
---|
| 663 | + | 20.17of each 3(c)(1) fund that is not a venture capital fund and shall deliver a copy of such audited |
---|
| 664 | + | 20.18financial statements to each beneficial owner of the fund. |
---|
| 665 | + | 20.19 (d) Federal covered investment advisers. If a private fund adviser is registered with |
---|
| 666 | + | 20.20the Securities and Exchange Commission, the adviser shall not be eligible for the private |
---|
| 667 | + | 20.21fund adviser exemption under paragraph (b), clause (3), and shall comply with the state |
---|
| 668 | + | 20.22notice filing requirements applicable to federal covered investment advisers in section |
---|
| 669 | + | 20.2380A.58. |
---|
| 670 | + | 20.24 (e) Investment adviser representatives. A person is exempt from the registration |
---|
| 671 | + | 20.25requirements of section 80A.58, paragraph (a), if he or she is employed by or associated |
---|
| 672 | + | 20.26with an investment adviser that is exempt from registration in this state pursuant to the |
---|
| 673 | + | 20.27private fund adviser exemption under paragraph (b), clause (3), and does not otherwise |
---|
| 674 | + | 20.28engage in activities that would require registration as an investment adviser representative. |
---|
| 675 | + | 20.29 (f) Electronic filings. The report filings described in subsection (b)(3)(ii) shall be made |
---|
| 676 | + | 20.30electronically through the IARD. A report shall be deemed filed when the report and the |
---|
| 677 | + | 20.31fee required by sections 80A.60 and 80A.65 are filed and accepted by the IARD on the |
---|
| 678 | + | 20.32state's behalf. |
---|
| 679 | + | 20Article 4 Sec. 10. |
---|
| 680 | + | REVISOR RSI/VJ 25-0280802/25/25 21.1 (g) Transition. An investment adviser who becomes ineligible for the exemption provided |
---|
| 681 | + | 21.2by this section must comply with all applicable laws and rules requiring registration or |
---|
| 682 | + | 21.3notice filing within 90 days from the date of the investment adviser's eligibility for this |
---|
| 683 | + | 21.4exemption ceases. |
---|
| 684 | + | 21.5 (h) Grandfathering for investment advisers to 3(c)(1) funds with nonqualified |
---|
| 685 | + | 21.6clients. An investment adviser to a 3(c)(1) fund (other than a venture capital fund) that has |
---|
| 686 | + | 21.7one or more beneficial owners who are not qualified clients as described in paragraph (c), |
---|
| 687 | + | 21.8clause (1), is eligible for the exemption contained in paragraph (b), clause (3), if the following |
---|
| 688 | + | 21.9conditions are satisfied: |
---|
| 689 | + | 21.10 (1) the subject fund existed prior to August 1, 2013; |
---|
| 690 | + | 21.11 (2) as of August 1, 2013, the subject fund ceases to accept beneficial owners who are |
---|
| 691 | + | 21.12not qualified clients, as described in paragraph (c), clause (1); |
---|
| 692 | + | 21.13 (3) the investment adviser discloses in writing the information described in paragraph |
---|
| 693 | + | 21.14(c), clause (2), to all beneficial owners of the fund; and |
---|
| 694 | + | 21.15 (4) as of August 1, 2013, the investment adviser delivers audited financial statements |
---|
| 695 | + | 21.16as required by paragraph (c), clause (3). |
---|
| 696 | + | 21.17 (i) Limits on employment or association. It is unlawful for an investment adviser, |
---|
| 697 | + | 21.18directly or indirectly, to employ or associate with an individual to engage in an activity |
---|
| 698 | + | 21.19related to investment advice in this state if the registration of the individual is suspended |
---|
| 699 | + | 21.20or revoked or the individual is barred from employment or association with an investment |
---|
| 700 | + | 21.21adviser, federal covered investment adviser, or broker-dealer by an order under this chapter, |
---|
| 701 | + | 21.22the Securities and Exchange Commission, or a self-regulatory organization, unless the |
---|
| 702 | + | 21.23investment adviser did not know, and in the exercise of reasonable care could not have |
---|
| 703 | + | 21.24known, of the suspension, revocation, or bar. Upon request from the investment adviser and |
---|
| 704 | + | 21.25for good cause, the administrator, by order, may waive, in whole or in part, the application |
---|
| 705 | + | 21.26of the prohibitions of this subsection to the investment adviser. |
---|
| 706 | + | 21.27Sec. 11. Minnesota Statutes 2024, section 80A.65, subdivision 2, is amended to read: |
---|
| 707 | + | 21.28 Subd. 2.Registration application and renewal filing fee.Every applicant for an initial |
---|
| 708 | + | 21.29or renewal registration shall pay a filing fee of $200 in the case of a broker-dealer, $65 in |
---|
| 709 | + | 21.30the case of an agent, $100 in the case of an investment adviser, and $50 in the case of an |
---|
| 710 | + | 21.31investment adviser representative. When an application is denied or withdrawn, the filing |
---|
| 711 | + | 21.32fee shall be retained. A registered agent who has terminated employment with one |
---|
| 712 | + | 21.33broker-dealer shall, before beginning employment with another broker-dealer, pay a transfer |
---|
| 713 | + | 21Article 4 Sec. 11. |
---|
| 714 | + | REVISOR RSI/VJ 25-0280802/25/25 22.1fee of $25 $65. A registered investment adviser representative who has terminated |
---|
| 715 | + | 22.2employment with one investment adviser must, before beginning employment with another |
---|
| 716 | + | 22.3investment adviser, pay a $50 transfer fee. |
---|
| 717 | + | 22.4 Sec. 12. Minnesota Statutes 2024, section 80A.65, is amended by adding a subdivision to |
---|
| 718 | + | 22.5read: |
---|
| 719 | + | 22.6 Subd. 2b.Private fund adviser filings.A private fund adviser must pay a $100 filing |
---|
| 720 | + | 22.7fee when filing an initial or renewal notice required under section 80A.58. |
---|
| 721 | + | 22.8 Sec. 13. EFFECTIVE DATE; TRANSITION PROVISION. |
---|
| 722 | + | 22.9 The amendments to Minnesota Statutes, section 47.60, in this article are effective August |
---|
| 723 | + | 22.101, 2025. An entity that filed and was approved under Minnesota Statutes, section 47.60, |
---|
| 724 | + | 22.11before August 1, 2025, must file a renewal application that complies with Minnesota Statutes, |
---|
| 725 | + | 22.12section 47.60, as amended by this article, between November 1, 2025, and December 31, |
---|
| 726 | + | 22.132025, for activity occurring on or after January 1, 2026. |
---|
| 727 | + | 22.14 ARTICLE 5 |
---|
| 728 | + | 22.15 MINNESOTA PREMIUM SECURITY PLAN |
---|
| 729 | + | 22.16Section 1. Minnesota Statutes 2024, section 62E.21, is amended by adding a subdivision |
---|
| 730 | + | 22.17to read: |
---|
| 731 | + | 22.18 Subd. 2a.Assessment."Assessment" means the amount an eligible carrier under the |
---|
| 732 | + | 22.19plan must pay to the association for operational costs, administrative costs, and reinsurance |
---|
| 733 | + | 22.20payments relating to initiating and operating the plan. |
---|
| 734 | + | 22.21Sec. 2. Minnesota Statutes 2024, section 62E.23, subdivision 1, is amended to read: |
---|
| 735 | + | 22.22 Subdivision 1.Administration of plan.(a) The association is Minnesota's reinsurance |
---|
| 736 | + | 22.23entity to administer the state-based reinsurance program referred to as the Minnesota premium |
---|
| 737 | + | 22.24security plan. |
---|
| 738 | + | 22.25 (b) The association may apply for any available federal funding for the plan. All funds |
---|
| 739 | + | 22.26received by or appropriated to the association shall be deposited in the premium security |
---|
| 740 | + | 22.27plan account in section 62E.25, subdivision 1. The association shall notify the chairs and |
---|
| 741 | + | 22.28ranking minority members of the legislative committees with jurisdiction over health and |
---|
| 742 | + | 22.29human services and insurance within ten days of receiving any federal funds. |
---|
| 743 | + | 22Article 5 Sec. 2. |
---|
| 744 | + | REVISOR RSI/VJ 25-0280802/25/25 23.1 (c) The association must collect or access data from an eligible health carrier that are |
---|
| 745 | + | 23.2necessary to determine reinsurance payments, according to the data requirements under |
---|
| 746 | + | 23.3subdivision 5, paragraph (c). |
---|
| 747 | + | 23.4 (d) The board must not use any funds allocated to the plan for staff retreats, promotional |
---|
| 748 | + | 23.5giveaways, excessive executive compensation, or promotion of federal or state legislative |
---|
| 749 | + | 23.6or regulatory changes. |
---|
| 750 | + | 23.7 (e) For each applicable benefit year, the association must notify eligible health carriers |
---|
| 751 | + | 23.8of reinsurance payments to be made for the applicable benefit year no later than June 30 of |
---|
| 752 | + | 23.9the year following the applicable benefit year. |
---|
| 753 | + | 23.10 (f) On a quarterly basis during the applicable benefit year, the association must provide |
---|
| 754 | + | 23.11each eligible health carrier with the calculation of total reinsurance payment requests. |
---|
| 755 | + | 23.12 (g) By August 15 of the year following the applicable benefit year, the association must |
---|
| 756 | + | 23.13disburse all applicable reinsurance payments to an eligible health carrier. |
---|
| 757 | + | 23.14 (h) The association must collect assessments from eligible carriers to pay for the |
---|
| 758 | + | 23.15Minnesota premium security plan no later than June 30 of the year following the applicable |
---|
| 759 | + | 23.16benefit year. The association must use the assessments collected under this paragraph to |
---|
| 760 | + | 23.17pay the operational costs, administrative costs, and reinsurance payments of the plan not |
---|
| 761 | + | 23.18covered by federal funding for the plan. By March 1 each year, the association must provide |
---|
| 762 | + | 23.19each member with an estimate of the member's assessment for the upcoming applicable |
---|
| 763 | + | 23.20benefit year. The association must notify each member of the member's assessment for the |
---|
| 764 | + | 23.21applicable benefit year not later than June 30 of the year following the applicable benefit |
---|
| 765 | + | 23.22year. |
---|
| 766 | + | 23.23Sec. 3. Minnesota Statutes 2024, section 62E.23, subdivision 2, is amended to read: |
---|
| 767 | + | 23.24 Subd. 2.Payment parameters.(a) The board must design and adjust the payment |
---|
| 768 | + | 23.25parameters to ensure the payment parameters: |
---|
| 769 | + | 23.26 (1) will stabilize or reduce premium rates in the individual market; |
---|
| 770 | + | 23.27 (2) will increase participation in the individual market; |
---|
| 771 | + | 23.28 (3) will improve access to health care providers and services for those in the individual |
---|
| 772 | + | 23.29market; |
---|
| 773 | + | 23.30 (4) mitigate the impact high-risk individuals have on premium rates in the individual |
---|
| 774 | + | 23.31market; |
---|
| 775 | + | 23.32 (5) take into account any federal funding available for the plan; and |
---|
| 776 | + | 23Article 5 Sec. 3. |
---|
| 777 | + | REVISOR RSI/VJ 25-0280802/25/25 24.1 (6) take into account assessments imposed on eligible carriers; and |
---|
| 778 | + | 24.2 (6) (7) take into account the total amount available to fund the plan. |
---|
| 779 | + | 24.3 (b) The attachment point for the plan is the threshold amount for claims costs incurred |
---|
| 780 | + | 24.4by an eligible health carrier for an enrolled individual's covered benefits in a benefit year, |
---|
| 781 | + | 24.5beyond which the claims costs for benefits are eligible for reinsurance payments. The |
---|
| 782 | + | 24.6attachment point shall be set by the board at $50,000 or more, but not exceeding the |
---|
| 783 | + | 24.7reinsurance cap. |
---|
| 784 | + | 24.8 (c) The coinsurance rate for the plan is the rate at which the association will reimburse |
---|
| 785 | + | 24.9an eligible health carrier for claims incurred for an enrolled individual's covered benefits |
---|
| 786 | + | 24.10in a benefit year above the attachment point and below the reinsurance cap. The coinsurance |
---|
| 787 | + | 24.11rate shall be set by the board at a rate between 50 and 80 percent. |
---|
| 788 | + | 24.12 (d) The reinsurance cap is the threshold amount for claims costs incurred by an eligible |
---|
| 789 | + | 24.13health carrier for an enrolled individual's covered benefits, after which the claims costs for |
---|
| 790 | + | 24.14benefits are no longer eligible for reinsurance payments. The reinsurance cap shall be set |
---|
| 791 | + | 24.15by the board at $250,000 or less. |
---|
| 792 | + | 24.16 (e) The board may adjust the payment parameters to the extent necessary to secure |
---|
| 793 | + | 24.17federal approval of the state innovation waiver request in Laws 2017, chapter 13, article 1, |
---|
| 794 | + | 24.18section 8. |
---|
| 795 | + | 24.19Sec. 4. Minnesota Statutes 2024, section 62E.23, subdivision 3, is amended to read: |
---|
| 796 | + | 24.20 Subd. 3.Operation.(a) The board shall propose to the commissioner the payment |
---|
| 797 | + | 24.21parameters for the next benefit year by January 15 of the year before the applicable benefit |
---|
| 798 | + | 24.22year. The commissioner shall approve or reject the payment parameters no later than 14 |
---|
| 799 | + | 24.23days following the board's proposal. If the commissioner fails to approve or reject the |
---|
| 800 | + | 24.24payment parameters within 14 days following the board's proposal, the proposed payment |
---|
| 801 | + | 24.25parameters are final and effective. |
---|
| 802 | + | 24.26 (b) If the amount in the premium security plan account in section 62E.25, subdivision |
---|
| 803 | + | 24.271, is not anticipated to be adequate to fully fund the approved payment parameters as of |
---|
| 804 | + | 24.28July 1 of the year before the applicable benefit year, the board, in consultation with the |
---|
| 805 | + | 24.29commissioner and the commissioner of management and budget, shall propose payment |
---|
| 806 | + | 24.30parameters within the available appropriations or assess members to obtain the necessary |
---|
| 807 | + | 24.31funding. The commissioner must permit an eligible health carrier to revise an applicable |
---|
| 808 | + | 24.32rate filing based on the final payment parameters for the next benefit year. |
---|
| 809 | + | 24Article 5 Sec. 4. |
---|
| 810 | + | REVISOR RSI/VJ 25-0280802/25/25 25.1 (c) Notwithstanding paragraph (a), the payment parameters for benefit years 2023 through |
---|
| 811 | + | 25.22027 are: |
---|
| 812 | + | 25.3 (1) an attachment point of $50,000; |
---|
| 813 | + | 25.4 (2) a coinsurance rate of 80 percent; and |
---|
| 814 | + | 25.5 (3) a reinsurance cap of $250,000. |
---|
| 815 | + | 25.6 Sec. 5. Minnesota Statutes 2024, section 62E.24, subdivision 1, is amended to read: |
---|
| 816 | + | 25.7 Subdivision 1.Accounting.The board must keep an accounting for each benefit year |
---|
| 817 | + | 25.8of all: |
---|
| 818 | + | 25.9 (1) funds appropriated for reinsurance payments and administrative and operational |
---|
| 819 | + | 25.10expenses; |
---|
| 820 | + | 25.11 (2) requests for reinsurance payments received from eligible health carriers; |
---|
| 821 | + | 25.12 (3) assessments collected from eligible carriers; |
---|
| 822 | + | 25.13 (3) (4) reinsurance payments made to eligible health carriers; and |
---|
| 823 | + | 25.14 (4) (5) administrative and operational expenses incurred for the plan. |
---|
| 824 | + | 25.15Sec. 6. Minnesota Statutes 2024, section 62E.24, subdivision 2, is amended to read: |
---|
| 825 | + | 25.16 Subd. 2.Reports.(a) The board must submit to the commissioner and to the chairs and |
---|
| 826 | + | 25.17ranking minority members of the legislative committees with jurisdiction over commerce |
---|
| 827 | + | 25.18and health and make available to the public quarterly reports on plan operations and an |
---|
| 828 | + | 25.19annual report summarizing the plan operations for each benefit year. All reports must be |
---|
| 829 | + | 25.20made public by posting the report on the Minnesota Comprehensive Health Association |
---|
| 830 | + | 25.21website. The annual summary must be made available by November 1 of the year following |
---|
| 831 | + | 25.22the applicable benefit year or 60 calendar days following the final disbursement of |
---|
| 832 | + | 25.23reinsurance payments for the applicable benefit year, whichever is later. |
---|
| 833 | + | 25.24 (b) The reports must include information about: |
---|
| 834 | + | 25.25 (1) the reinsurance parameters used; |
---|
| 835 | + | 25.26 (2) the metal levels affected; |
---|
| 836 | + | 25.27 (3) the number of claims payments estimated and submitted for payment per products |
---|
| 837 | + | 25.28offered on-exchange and off-exchange and per eligible health carrier; |
---|
| 838 | + | 25.29 (4) the estimated reinsurance payments by plan type based on carrier-submitted templates; |
---|
| 839 | + | 25Article 5 Sec. 6. |
---|
| 840 | + | REVISOR RSI/VJ 25-0280802/25/25 26.1 (5) funds appropriated for reinsurance payments and administrative and operational |
---|
| 841 | + | 26.2expenses for each year, including the federal and state contributions received, investment |
---|
| 842 | + | 26.3income, assessments collected from eligible carriers, and any other revenue or funds received; |
---|
| 843 | + | 26.4 (6) the total amount of reinsurance payments made to each eligible health carrier; and |
---|
| 844 | + | 26.5 (7) administrative and operational expenses incurred for the plan, including the total |
---|
| 845 | + | 26.6amount incurred and as a percentage of the plan's operational budget. |
---|
| 846 | + | 26.7 Sec. 7. Minnesota Statutes 2024, section 62E.25, subdivision 1, is amended to read: |
---|
| 847 | + | 26.8 Subdivision 1.Premium security plan account.The premium security plan account is |
---|
| 848 | + | 26.9created in the special revenue fund of the state treasury. Funds in the account are appropriated |
---|
| 849 | + | 26.10annually may include annual appropriations made to the commissioner of commerce for |
---|
| 850 | + | 26.11grants to the Minnesota Comprehensive Health Association for the operational and |
---|
| 851 | + | 26.12administrative costs and reinsurance payments relating to the start-up and operation of the |
---|
| 852 | + | 26.13Minnesota premium security plan, as well as money received from assessments made under |
---|
| 853 | + | 26.14section 62E.23. Notwithstanding section 11A.20, all investment income and all investment |
---|
| 854 | + | 26.15losses attributable to the investment of the premium security plan account shall be credited |
---|
| 855 | + | 26.16to the premium security plan account. |
---|
| 856 | + | 26.17Sec. 8. Minnesota Statutes 2024, section 62E.25, is amended by adding a subdivision to |
---|
| 857 | + | 26.18read: |
---|
| 858 | + | 26.19 Subd. 4.Assessments.(a) The association must deposit assessments collected from |
---|
| 859 | + | 26.20eligible carriers into the security plan account under subdivision 1 to pay for operational |
---|
| 860 | + | 26.21costs, administrative costs, and reinsurance payments relating to initiating and operating |
---|
| 861 | + | 26.22the plan. |
---|
| 862 | + | 26.23 (b) The association must pay for operational costs, administrative costs, and reinsurance |
---|
| 863 | + | 26.24payments relating to initiating and operating the plan using available money in the security |
---|
| 864 | + | 26.25plan account, subject to the following order of the deposited money's source: |
---|
| 865 | + | 26.26 (1) federal funding received for the plan; and |
---|
| 866 | + | 26.27 (2) assessments from eligible carriers. |
---|
| 867 | + | 26.28Sec. 9. [62E.26] STATE INNOVATION WAIVER. |
---|
| 868 | + | 26.29 Subdivision 1.Waiver application submission.The commissioner of commerce must |
---|
| 869 | + | 26.30apply to the United States Secretary of Health and Human Services and the United States |
---|
| 870 | + | 26.31Secretary of the Treasury under United States Code, title 42, section 18052, for a state |
---|
| 871 | + | 26Article 5 Sec. 9. |
---|
| 872 | + | REVISOR RSI/VJ 25-0280802/25/25 27.1innovation waiver to extend the Minnesota premium security plan for benefit years beginning |
---|
| 873 | + | 27.2January 1, 2028, and future years to maximize federal funding. The waiver application must |
---|
| 874 | + | 27.3clearly state that operation of the Minnesota premium security plan is contingent on approval |
---|
| 875 | + | 27.4of the waiver request and receipt of federal funding for the basic health program in an |
---|
| 876 | + | 27.5amount that is no less than the amount that the basic health program otherwise would have |
---|
| 877 | + | 27.6received absent the waiver. |
---|
| 878 | + | 27.7 Subd. 2.Consultation.When developing the waiver application under this section, the |
---|
| 879 | + | 27.8commissioner must consult with the commissioner of human services, the commissioner |
---|
| 880 | + | 27.9of health, and the director of MNsure. |
---|
| 881 | + | 27.10 Subd. 3.Notification.The commissioner must notify the chairs and ranking minority |
---|
| 882 | + | 27.11members of the legislative committees with jurisdiction over health and human services |
---|
| 883 | + | 27.12and insurance, and the board of directors of the Minnesota Comprehensive Health |
---|
| 884 | + | 27.13Association, regarding (1) the commissioner's intent to submit a waiver application, and |
---|
| 885 | + | 27.14(2) federal action taken with respect to the waiver request. |
---|
| 886 | + | 27.15 Subd. 4.Waiver denial; plan implementation prohibition.If the state innovation |
---|
| 887 | + | 27.16waiver request submitted under subdivision 1 is not approved or if the federal funding for |
---|
| 888 | + | 27.17the basic health program is less than the amount that the basic health program otherwise |
---|
| 889 | + | 27.18would have received absent the waiver, the association is prohibited from administering the |
---|
| 890 | + | 27.19plan and providing reinsurance payments to eligible health carriers. |
---|
| 891 | + | 27.20 ARTICLE 6 |
---|
| 892 | + | 27.21 ENERGY POLICY |
---|
| 893 | + | 27.22Section 1. Minnesota Statutes 2024, section 116C.7792, is amended to read: |
---|
| 894 | + | 27.23 116C.7792 SOLAR ENERGY PRODUCTION INCENTIVE PROGRAM. |
---|
| 895 | + | 27.24 (a) The utility subject to section 116C.779 shall operate a program to provide solar |
---|
| 896 | + | 27.25energy production incentives for solar energy systems of no more than a total aggregate |
---|
| 897 | + | 27.26nameplate capacity of 40 kilowatts alternating current per premise. The owner of a solar |
---|
| 898 | + | 27.27energy system installed before June 1, 2018, is eligible to receive a production incentive |
---|
| 899 | + | 27.28under this section for any additional solar energy systems constructed at the same customer |
---|
| 900 | + | 27.29location, provided that the aggregate capacity of all systems at the customer location does |
---|
| 901 | + | 27.30not exceed 40 kilowatts. |
---|
| 902 | + | 27.31 (b) The program is funded by money withheld from transfer to the renewable development |
---|
| 903 | + | 27.32account under section 116C.779, subdivision 1, paragraphs (b) and (e). Program funds must |
---|
| 904 | + | 27Article 6 Section 1. |
---|
| 905 | + | REVISOR RSI/VJ 25-0280802/25/25 28.1be placed in a separate account for the purpose of the solar energy production incentive |
---|
| 906 | + | 28.2program operated by the utility and not for any other program or purpose. |
---|
| 907 | + | 28.3 (c) Funds allocated to the solar energy production incentive program in 2019 and 2020 |
---|
| 908 | + | 28.4remain available to the solar energy production incentive program. |
---|
| 909 | + | 28.5 (d) The following amounts are allocated to the solar energy production incentive program: |
---|
| 910 | + | 28.6 (1) $10,000,000 in 2021; |
---|
| 911 | + | 28.7 (2) $10,000,000 in 2022; |
---|
| 912 | + | 28.8 (3) $5,000,000 in 2023; |
---|
| 913 | + | 28.9 (4) $11,250,000 in 2024; |
---|
| 914 | + | 28.10 (5) $6,250,000 in 2025; and |
---|
| 915 | + | 28.11 (6) $5,000,000 each year, beginning in 2026 through 2035. |
---|
| 916 | + | 28.12 (e) Notwithstanding the Department of Commerce's November 14, 2018, decision in |
---|
| 917 | + | 28.13Docket No. E002/M-13-1015 regarding operation of the utility's solar energy production |
---|
| 918 | + | 28.14incentive program, half of the amounts allocated each year under paragraph (d), clauses (3), |
---|
| 919 | + | 28.15(4), and (5), and (6), must be reserved for solar energy systems whose installation meets |
---|
| 920 | + | 28.16the eligibility standards for the low-income program established in the November 14, 2018, |
---|
| 921 | + | 28.17decision or successor decisions of the department. All other program operations of the solar |
---|
| 922 | + | 28.18energy production incentive program are governed by the provisions of the November 14, |
---|
| 923 | + | 28.192018, decision or successor decisions of the department. |
---|
| 924 | + | 28.20 (f) Funds allocated to the solar energy production incentive program that have not been |
---|
| 925 | + | 28.21committed to a specific project at the end of a program year remain available to the solar |
---|
| 926 | + | 28.22energy production incentive program. |
---|
| 927 | + | 28.23 (g) Any unspent amount remaining on January 1, 2028 2038, must be transferred to the |
---|
| 928 | + | 28.24renewable development account. |
---|
| 929 | + | 28.25 (h) A solar energy system receiving a production incentive under this section must be |
---|
| 930 | + | 28.26sized to less than 120 percent of the customer's on-site annual energy consumption when |
---|
| 931 | + | 28.27combined with other distributed generation resources and subscriptions provided under |
---|
| 932 | + | 28.28section 216B.1641 associated with the premise. The production incentive must be paid for |
---|
| 933 | + | 28.29ten years commencing with the commissioning of the system. |
---|
| 934 | + | 28.30 (i) The utility must file a plan to operate the program with the commissioner of commerce. |
---|
| 935 | + | 28.31The utility may not operate the program until it is approved by the commissioner. A change |
---|
| 936 | + | 28.32to the program to include projects up to a nameplate capacity of 40 kilowatts or less does |
---|
| 937 | + | 28Article 6 Section 1. |
---|
| 938 | + | REVISOR RSI/VJ 25-0280802/25/25 29.1not require the utility to file a plan with the commissioner. Any plan approved by the |
---|
| 939 | + | 29.2commissioner of commerce must not provide an increased incentive scale over prior years |
---|
| 940 | + | 29.3unless the commissioner demonstrates that changes in the market for solar energy facilities |
---|
| 941 | + | 29.4require an increase. |
---|
| 942 | + | 29.5 Sec. 2. Minnesota Statutes 2024, section 216C.09, is amended to read: |
---|
| 943 | + | 29.6 216C.09 COMMISSIONER DUTIES. |
---|
| 944 | + | 29.7 (a) The commissioner shall: |
---|
| 945 | + | 29.8 (1) manage the department as the central repository within the state government for the |
---|
| 946 | + | 29.9collection of data on energy; |
---|
| 947 | + | 29.10 (2) prepare and adopt an emergency allocation plan specifying actions to be taken in the |
---|
| 948 | + | 29.11event of an impending serious shortage of energy, or a threat to public health, safety, or |
---|
| 949 | + | 29.12welfare; |
---|
| 950 | + | 29.13 (3) undertake a continuing assessment of trends in the consumption of all forms of energy |
---|
| 951 | + | 29.14and analyze the social, economic, and environmental consequences of these trends; |
---|
| 952 | + | 29.15 (4) carry out energy conservation and efficiency measures as specified by the legislature |
---|
| 953 | + | 29.16and recommend to the governor and the legislature additional energy policies and energy |
---|
| 954 | + | 29.17conservation measures and efficiency programming as required to meet the objectives of |
---|
| 955 | + | 29.18this chapter; |
---|
| 956 | + | 29.19 (5) collect and analyze data relating to present and future demands and resources for all |
---|
| 957 | + | 29.20sources of energy; |
---|
| 958 | + | 29.21 (6) evaluate policies governing the establishment of rates and prices for energy as related |
---|
| 959 | + | 29.22to energy conservation and energy efficiency, and other goals and policies of this chapter, |
---|
| 960 | + | 29.23and make recommendations for changes in energy pricing policies and rate schedules; |
---|
| 961 | + | 29.24 (7) study the impact and relationship of the state energy policies to international, national, |
---|
| 962 | + | 29.25and regional energy policies; |
---|
| 963 | + | 29.26 (8) design and implement a state program for the energy conservation of energy and |
---|
| 964 | + | 29.27efficiency; this the program shall must include but is not be limited to, general commercial, |
---|
| 965 | + | 29.28industrial, and residential, and transportation areas; such the program shall must also provide |
---|
| 966 | + | 29.29for the evaluation of energy systems as they relate to lighting, heating, refrigeration, air |
---|
| 967 | + | 29.30conditioning, building design and operation, and appliance manufacturing and operation; |
---|
| 968 | + | 29Article 6 Sec. 2. |
---|
| 969 | + | REVISOR RSI/VJ 25-0280802/25/25 30.1 (9) inform and educate the public about the sources and uses of energy and the ways in |
---|
| 970 | + | 30.2which persons Minnesotans can transition to a clean energy future, conserve energy, and |
---|
| 971 | + | 30.3save money; |
---|
| 972 | + | 30.4 (10) dispense funds made available for the purpose of research studies and projects of |
---|
| 973 | + | 30.5professional and civic orientation, which are related to either energy conservation, resource |
---|
| 974 | + | 30.6recovery, or the development of alternative energy technologies which conserve |
---|
| 975 | + | 30.7nonrenewable energy resources while creating minimum environmental impact; |
---|
| 976 | + | 30.8 (11) charge other governmental departments and agencies involved in energy-related |
---|
| 977 | + | 30.9activities with specific information gathering goals and require that those goals be met; |
---|
| 978 | + | 30.10 (12) design a comprehensive program for the development of indigenous energy |
---|
| 979 | + | 30.11resources. The program shall include, but not be limited to, providing technical, |
---|
| 980 | + | 30.12informational, educational, and financial services and materials to persons, businesses, |
---|
| 981 | + | 30.13municipalities, and organizations involved in the development of primary and emerging |
---|
| 982 | + | 30.14energy sources, including but not limited to solar, wind, hydropower, peat, fiber fuels, |
---|
| 983 | + | 30.15biomass, and other alternative energy resources. The program shall be evaluated by the |
---|
| 984 | + | 30.16alternative energy technical activity; and |
---|
| 985 | + | 30.17 (13) dispense loans, grants, or other financial aid resources from money received from |
---|
| 986 | + | 30.18litigation or a settlement of alleged violations of federal petroleum-pricing regulations made |
---|
| 987 | + | 30.19available to the department for that purpose. |
---|
| 988 | + | 30.20 (b) Further, the commissioner may participate fully in hearings before the Public Utilities |
---|
| 989 | + | 30.21Commission on matters pertaining to rate design, cost allocation, efficient resource utilization, |
---|
| 990 | + | 30.22utility conservation investments, small power production, cogeneration, and other rate issues. |
---|
| 991 | + | 30.23The commissioner shall support the policies stated in section 216C.05 and shall prepare |
---|
| 992 | + | 30.24and defend testimony proposed to encourage energy conservation improvements as defined |
---|
| 993 | + | 30.25in section 216B.241. |
---|
| 994 | + | 30.26Sec. 3. Minnesota Statutes 2024, section 216C.10, is amended to read: |
---|
| 995 | + | 30.27 216C.10 COMMISSIONER POWERS. |
---|
| 996 | + | 30.28 (a) The commissioner may: |
---|
| 997 | + | 30.29 (1) adopt rules under chapter 14 as necessary to carry out the purposes of this chapter; |
---|
| 998 | + | 30.30 (2) make all contracts under this chapter and do all things necessary to cooperate with |
---|
| 999 | + | 30.31the United States government, and to qualify for, accept, and disburse any grant intended |
---|
| 1000 | + | 30.32to administer this chapter; |
---|
| 1001 | + | 30Article 6 Sec. 3. |
---|
| 1002 | + | REVISOR RSI/VJ 25-0280802/25/25 31.1 (3) provide on-site technical assistance to units of local government in order to enhance |
---|
| 1003 | + | 31.2local capabilities for dealing with energy problems to provide energy-related financial |
---|
| 1004 | + | 31.3resources, planning, outreach, and engagement; |
---|
| 1005 | + | 31.4 (4) administer for the state, energy programs under federal law, regulations, or guidelines, |
---|
| 1006 | + | 31.5and coordinate the programs and activities with other state agencies, units of local |
---|
| 1007 | + | 31.6government, and educational institutions; |
---|
| 1008 | + | 31.7 (5) develop a state energy investment plan with yearly energy conservation and alternative |
---|
| 1009 | + | 31.8energy development goals, investment targets, and marketing strategies; |
---|
| 1010 | + | 31.9 (6) perform market analysis studies relating to conservation, alternative and renewable |
---|
| 1011 | + | 31.10energy resources, and energy recovery; |
---|
| 1012 | + | 31.11 (7) assist with the preparation of proposals for innovative conservation, renewable, |
---|
| 1013 | + | 31.12alternative, or energy recovery projects; |
---|
| 1014 | + | 31.13 (8) manage and disburse funds made available for the purpose of research studies or |
---|
| 1015 | + | 31.14demonstration projects related to energy conservation or other activities deemed appropriate |
---|
| 1016 | + | 31.15by the commissioner; |
---|
| 1017 | + | 31.16 (9) intervene in certificate of need proceedings before the Public Utilities Commission; |
---|
| 1018 | + | 31.17 (10) collect fees from recipients of loans, grants, or other financial aid from money |
---|
| 1019 | + | 31.18received from litigation or settlement of alleged violations of federal petroleum-pricing |
---|
| 1020 | + | 31.19regulations, which fees must be used to pay the department's costs in administering those |
---|
| 1021 | + | 31.20financial aids; and |
---|
| 1022 | + | 31.21 (11) collect fees from proposers and operators of conservation and other energy-related |
---|
| 1023 | + | 31.22programs that are reviewed, evaluated, or approved by the department, other than proposers |
---|
| 1024 | + | 31.23that are political subdivisions or community or nonprofit organizations, to cover the |
---|
| 1025 | + | 31.24department's cost in making the reviewal, evaluation, or approval and in developing additional |
---|
| 1026 | + | 31.25programs for others to operate. |
---|
| 1027 | + | 31.26 (b) Notwithstanding any other law, the commissioner is designated the state agent to |
---|
| 1028 | + | 31.27apply for, receive, and accept federal or other funds made available to the state for the |
---|
| 1029 | + | 31.28purposes of this chapter. |
---|
| 1030 | + | 31.29Sec. 4. Minnesota Statutes 2024, section 216C.11, is amended to read: |
---|
| 1031 | + | 31.30 216C.11 ENERGY CONSERVATION INFORMATION CENTER. |
---|
| 1032 | + | 31.31 (a) The commissioner shall must establish an Energy Information Center in the |
---|
| 1033 | + | 31.32department's offices in St. Paul department. The information center shall must maintain a |
---|
| 1034 | + | 31Article 6 Sec. 4. |
---|
| 1035 | + | REVISOR RSI/VJ 25-0280802/25/25 32.1toll-free telephone information service and disseminate printed materials on energy |
---|
| 1036 | + | 32.2conservation topics, including but not limited to, availability of loans and other public and |
---|
| 1037 | + | 32.3private financing methods for energy conservation physical improvements, the techniques |
---|
| 1038 | + | 32.4and materials used to conserve energy in buildings, including retrofitting or upgrading |
---|
| 1039 | + | 32.5insulation and installing weatherstripping, the projected prices and availability of different |
---|
| 1040 | + | 32.6sources of energy, and alternative sources of energy physical, virtual, and mobile information |
---|
| 1041 | + | 32.7service that collects, analyzes, and disseminates energy resources, data, technical assistance |
---|
| 1042 | + | 32.8and expertise, financial assistance, connections, and information on a variety of energy |
---|
| 1043 | + | 32.9topics relevant to Minnesota consumers, businesses, Tribal and local governments, and |
---|
| 1044 | + | 32.10community organizations. The information center must be accessible and responsive to |
---|
| 1045 | + | 32.11public inquiries, and must conduct proactive outreach. |
---|
| 1046 | + | 32.12 The Energy Information Center shall serve as the official Minnesota Alcohol Fuels |
---|
| 1047 | + | 32.13Information Center and shall disseminate information, printed, by the toll-free telephone |
---|
| 1048 | + | 32.14information service, or otherwise on the applicability and technology of alcohol fuels. |
---|
| 1049 | + | 32.15 The information center shall include information on the potential hazards of energy |
---|
| 1050 | + | 32.16conservation techniques and improvements in the printed materials disseminated. The |
---|
| 1051 | + | 32.17commissioner shall not be liable for damages arising from the installation or operation of |
---|
| 1052 | + | 32.18equipment or materials recommended by the information center. |
---|
| 1053 | + | 32.19 (b) The information center shall must use the information collected under section |
---|
| 1054 | + | 32.20216C.02, subdivision 1, to maintain a central source of information on energy conservation, |
---|
| 1055 | + | 32.21energy efficiency, and other energy-related programs, including both programs required by |
---|
| 1056 | + | 32.22law or rule and programs developed and carried on voluntarily. |
---|
| 1057 | + | 32.23Sec. 5. Minnesota Statutes 2024, section 216C.12, is amended to read: |
---|
| 1058 | + | 32.24 216C.12 ENERGY CONSERVATION PUBLICITY LITERACY. |
---|
| 1059 | + | 32.25 (a) The commissioner, in consultation with other affected agencies or departments shall, |
---|
| 1060 | + | 32.26must develop informational materials, pamphlets and radio and television messages and |
---|
| 1061 | + | 32.27messaging on energy conservation and housing energy efficiency programs available in |
---|
| 1062 | + | 32.28Minnesota, renewable energy resources, and energy supply and demand. The printed materials |
---|
| 1063 | + | 32.29shall include information on available tax credits for residential energy conservation |
---|
| 1064 | + | 32.30measures, residential retrofitting loan and grant programs, and data on the economics of |
---|
| 1065 | + | 32.31energy conservation and renewable resource measures. Copies of printed materials shall be |
---|
| 1066 | + | 32.32distributed to members of the appropriate standing committees of the legislature. The |
---|
| 1067 | + | 32.33commissioner must use modern and current outreach strategies and media to distribute the |
---|
| 1068 | + | 32.34informational materials and messaging to the widest possible audience. |
---|
| 1069 | + | 32Article 6 Sec. 5. |
---|
| 1070 | + | REVISOR RSI/VJ 25-0280802/25/25 33.1 (b) The informational materials must promote energy literacy for individuals and |
---|
| 1071 | + | 33.2communities to help individuals and communities make informed decisions on topics ranging |
---|
| 1072 | + | 33.3from smart energy use at home and consumer choices to national and international energy |
---|
| 1073 | + | 33.4policy. The informational materials must include but are not limited to information on energy |
---|
| 1074 | + | 33.5sources, energy generation, energy use, energy conservation strategies, the energy workforce |
---|
| 1075 | + | 33.6sector, and state and federal energy-related programs administered by the department. |
---|
| 1076 | + | 33.7 Sec. 6. Minnesota Statutes 2024, section 216C.391, subdivision 1, is amended to read: |
---|
| 1077 | + | 33.8 Subdivision 1.Definitions.(a) For the purposes of this section, the following terms have |
---|
| 1078 | + | 33.9the meanings given. |
---|
| 1079 | + | 33.10 (b) "Competitive funds" means federal funds awarded to selected applicants based on |
---|
| 1080 | + | 33.11the grantor's evaluation of the strength of an application measured against all other |
---|
| 1081 | + | 33.12applications. |
---|
| 1082 | + | 33.13 (c) "Disadvantaged community" has the meaning given by the federal agency disbursing |
---|
| 1083 | + | 33.14federal funds. |
---|
| 1084 | + | 33.15 (d) "Eligible entity" means an entity located in Minnesota that is eligible to receive |
---|
| 1085 | + | 33.16federal funds, tax credits, loans, or an entity that has at least one Minnesota-based partner, |
---|
| 1086 | + | 33.17as determined by the grantor of the federal funds, tax credits, or loans. |
---|
| 1087 | + | 33.18 (e) "Federal funds" means federal formula or competitive funds available for award to |
---|
| 1088 | + | 33.19applicants for energy projects under the Infrastructure Investment and Jobs Act, Public Law |
---|
| 1089 | + | 33.20117-58, or the Inflation Reduction Act of 2022, Public Law 117-169. |
---|
| 1090 | + | 33.21 (f) "Formula funds" means federal funds awarded to all eligible applicants on a |
---|
| 1091 | + | 33.22noncompetitive basis. |
---|
| 1092 | + | 33.23 (g) "Loans" means federal loans from loan funds authorized or funded in the Inflation |
---|
| 1093 | + | 33.24Reduction Act of 2022, Public Law 117-169. |
---|
| 1094 | + | 33.25 (h) "Match" means the amount of state nonfederal money a successful grantee in |
---|
| 1095 | + | 33.26Minnesota is required to contribute to a project as a condition of receiving federal funds. |
---|
| 1096 | + | 33.27 (i) "Political subdivision" has the meaning given in section 331A.01, subdivision 3. |
---|
| 1097 | + | 33.28 (j) "Project" means the activities proposed to be undertaken by an eligible entity awarded |
---|
| 1098 | + | 33.29federal funds and are located in Minnesota or will directly benefit Minnesotans. |
---|
| 1099 | + | 33.30 (k) "Tax credits" means federal tax credits authorized in the Inflation Reduction Act of |
---|
| 1100 | + | 33.312022, Public Law 117-169. |
---|
| 1101 | + | 33Article 6 Sec. 6. |
---|
| 1102 | + | REVISOR RSI/VJ 25-0280802/25/25 34.1 (l) "Tribal government" has the meaning given in section 116J.64, subdivision 4. |
---|
| 1103 | + | 34.2 Sec. 7. Minnesota Statutes 2024, section 216C.391, subdivision 3, is amended to read: |
---|
| 1104 | + | 34.3 Subd. 3.Grant awards; eligible entities; priorities.(a) Grants may be awarded under |
---|
| 1105 | + | 34.4this section to eligible entities in accordance with the following order of priorities: |
---|
| 1106 | + | 34.5 (1) federal formula funds directed to the state that require a match; |
---|
| 1107 | + | 34.6 (2) federal funds directed to a political subdivision or a Tribal government that require |
---|
| 1108 | + | 34.7a match; |
---|
| 1109 | + | 34.8 (3) federal funds directed to an institution of higher education, a consumer-owned utility, |
---|
| 1110 | + | 34.9a business, or a nonprofit organization that require a match; |
---|
| 1111 | + | 34.10 (4) federal funds directed to investor-owned utilities that require a match; |
---|
| 1112 | + | 34.11 (5) federal funds directed to an eligible entity not included in clauses (1) to (4) that |
---|
| 1113 | + | 34.12require a match; and |
---|
| 1114 | + | 34.13 (6) all other grant opportunities directed to eligible entities that do not require a match |
---|
| 1115 | + | 34.14but for which the commissioner determines that a grant made under this section is likely to |
---|
| 1116 | + | 34.15enhance the likelihood of an applicant receiving federal funds, or to increase the potential |
---|
| 1117 | + | 34.16amount of federal funds received. |
---|
| 1118 | + | 34.17 (b) By November 15, 2023, the commissioner must develop and publicly post, and report |
---|
| 1119 | + | 34.18to the chairs and ranking minority members of the legislative committees with jurisdiction |
---|
| 1120 | + | 34.19over energy finance, the federal energy grant funds that are eligible for state matching funds |
---|
| 1121 | + | 34.20under this section. |
---|
| 1122 | + | 34.21 (c) Notwithstanding Minnesota Statutes, section 16B.98, subdivision 5, paragraph (b), |
---|
| 1123 | + | 34.22a grant made under this section may exceed five years. |
---|
| 1124 | + | 34.23 ARTICLE 7 |
---|
| 1125 | + | 34.24 WEIGHTS & MEASURES POLICY |
---|
| 1126 | + | 34.25Section 1. [239.90] RETAIL ELECTRIC VEHICLE SUPPLY EQUIPMENT. |
---|
| 1127 | + | 34.26 Subdivision 1.Definitions.(a) For purposes of this section, the following terms have |
---|
| 1128 | + | 34.27the meanings given. |
---|
| 1129 | + | 34.28 (b) "Electric vehicle supply equipment" or "EVSE" means a conductor, including an |
---|
| 1130 | + | 34.29ungrounded, grounded, and equipment grounding conductor, electric vehicle connector, |
---|
| 1131 | + | 34.30attachment plug, and other fitting, device, power outlet, or apparatus installed specifically |
---|
| 1132 | + | 34Article 7 Section 1. |
---|
| 1133 | + | REVISOR RSI/VJ 25-0280802/25/25 35.1to measure, deliver, and compute the price of electrical energy delivered to an electric |
---|
| 1134 | + | 35.2vehicle. |
---|
| 1135 | + | 35.3 (c) "Electricity sold as vehicle fuel" means electrical energy transferred to or stored |
---|
| 1136 | + | 35.4onboard an electric vehicle primarily to propel the electric vehicle. |
---|
| 1137 | + | 35.5 (d) "Fixed service" means a service that continuously provides the nominal power that |
---|
| 1138 | + | 35.6is possible with the equipment as installed. |
---|
| 1139 | + | 35.7 (e) "Nominal power" means the intended, named, or stated, as opposed to the actual, |
---|
| 1140 | + | 35.8rate of electrical energy transfer. |
---|
| 1141 | + | 35.9 (f) "Variable service" means a service that may be controlled, resulting in periods of |
---|
| 1142 | + | 35.10reduced or interrupted transfer of electrical energy. |
---|
| 1143 | + | 35.11 Subd. 2.Inspection; fees.The director must inspect a retail EVSE annually or as often |
---|
| 1144 | + | 35.12as is possible given budgetary and staffing limitations. The director must charge an EVSE |
---|
| 1145 | + | 35.13owner a $100 fee to inspect and test each EVSE charging port. |
---|
| 1146 | + | 35.14 Subd. 3.EVSE program account; appropriation.An EVSE program account is created |
---|
| 1147 | + | 35.15in the special revenue fund of the state treasury. The commissioner must credit to the account |
---|
| 1148 | + | 35.16fees collected from inspections under this section and appropriations and transfers made to |
---|
| 1149 | + | 35.17the account. Earnings, including interest, dividends, and any other earnings arising from |
---|
| 1150 | + | 35.18assets of the account, must be credited to the account. Money in the account is appropriated |
---|
| 1151 | + | 35.19to the commissioner to pay for operations of the EVSE program. |
---|
| 1152 | + | 35.20 Subd. 4.Method of sale.(a) Electrical energy kept, offered, or exposed for sale and |
---|
| 1153 | + | 35.21sold at retail as a vehicle fuel must be expressed in kilowatt-hour units. |
---|
| 1154 | + | 35.22 (b) In addition to the price per kilowatt-hour for the quantity of electrical energy sold, |
---|
| 1155 | + | 35.23a fee may be assessed for other services. A fee assessed for another service may be a fixed |
---|
| 1156 | + | 35.24fee or may be based on time measurement. |
---|
| 1157 | + | 35.25 Subd. 5.Labeling.(a) A computing EVSE must display the unit price in whole cents |
---|
| 1158 | + | 35.26or tenths of one cent, based on the price per kilowatt-hour. If the electrical energy is unlimited |
---|
| 1159 | + | 35.27or free of charge, the computing EVSE must clearly indicate that the electrical energy is |
---|
| 1160 | + | 35.28unlimited or free of charge in lieu of the unit price. |
---|
| 1161 | + | 35.29 (b) For a fixed service application, the following information must be conspicuously |
---|
| 1162 | + | 35.30displayed or posted on the face of the device: |
---|
| 1163 | + | 35.31 (1) the level of electric vehicle service, expressed as the nominal power transfer; and |
---|
| 1164 | + | 35.32 (2) the type of electrical energy transfer. |
---|
| 1165 | + | 35Article 7 Section 1. |
---|
| 1166 | + | REVISOR RSI/VJ 25-0280802/25/25 36.1 (c) If a fee is assessed for other services in direct connection with fueling the vehicle, |
---|
| 1167 | + | 36.2including but not limited to a fee based on time measurement or a fixed fee, the additional |
---|
| 1168 | + | 36.3fee must be displayed. |
---|
| 1169 | + | 36.4 (d) An EVSE must be labeled in a manner that complies with Federal Trade |
---|
| 1170 | + | 36.5Commissioner labeling requirements for alternative fuels and alternative fueled vehicles, |
---|
| 1171 | + | 36.6Code of Federal Regulations, title 16, part 309. |
---|
| 1172 | + | 36.7 (e) An EVSE must be listed and labeled in a manner that complies with the National |
---|
| 1173 | + | 36.8Electric Code NFPA 70, Article 625, Electric Vehicle Charging Systems. |
---|
| 1174 | + | 36.9 Subd. 6.Advertising; sign prices.(a) When a sign or device is used to advertise the |
---|
| 1175 | + | 36.10price of electricity to fuel a vehicle, the price for electrical energy must be expressed in |
---|
| 1176 | + | 36.11price per kilowatt-hour, in whole cents or tenths of one cent. If the electrical energy is |
---|
| 1177 | + | 36.12unlimited or free of charge, advertising or sign must clearly indicate that the electrical energy |
---|
| 1178 | + | 36.13is unlimited or free of charge in lieu of the unit price. |
---|
| 1179 | + | 36.14 (b) If more than one electrical energy unit price may apply over the duration of a single |
---|
| 1180 | + | 36.15transaction or sale to the general public, the terms and conditions that determine each unit |
---|
| 1181 | + | 36.16price and the times each unit price apply must be clearly displayed. |
---|
| 1182 | + | 36.17 (c) For a fixed service application, the following information must be conspicuously |
---|
| 1183 | + | 36.18displayed or posted: |
---|
| 1184 | + | 36.19 (1) the level of electric vehicle service, expressed as the nominal power transfer; and |
---|
| 1185 | + | 36.20 (2) the type of electrical energy transfer. |
---|
| 1186 | + | 36.21 (d) For a variable service application, the following information must be conspicuously |
---|
| 1187 | + | 36.22displayed or posted: |
---|
| 1188 | + | 36.23 (1) the type of delivery; |
---|
| 1189 | + | 36.24 (2) the minimum and maximum power transfer that may occur during a transaction, |
---|
| 1190 | + | 36.25including whether service may be reduced to zero; |
---|
| 1191 | + | 36.26 (3) the conditions under which a variation in electrical energy transfer occurs; and |
---|
| 1192 | + | 36.27 (4) the type of electrical energy transfer. |
---|
| 1193 | + | 36.28 (e) If a fee is assessed for other services in direct connection with the fueling of the |
---|
| 1194 | + | 36.29vehicle, including but not limited to a fee based on time measurement or a fixed fee, the |
---|
| 1195 | + | 36.30additional fee must be included on all street signs or other advertising. |
---|
| 1196 | + | 36Article 7 Section 1. |
---|
| 1197 | + | REVISOR RSI/VJ 25-0280802/25/25 37.1 Subd. 7.Administrative rulemaking.For purposes of this section, the commissioner |
---|
| 1198 | + | 37.2may use the expedited rulemaking process under section 14.389 to adopt administrative |
---|
| 1199 | + | 37.3rules that incorporate the 2025 version of NIST Handbook 44 into Minnesota Rules, chapter |
---|
| 1200 | + | 37.47601. |
---|
| 1201 | + | 37.5 ARTICLE 8 |
---|
| 1202 | + | 37.6 CANNABIS POLICY |
---|
| 1203 | + | 37.7 Section 1. Minnesota Statutes 2024, section 342.17, is amended to read: |
---|
| 1204 | + | 37.8 342.17 SOCIAL EQUITY APPLICANTS. |
---|
| 1205 | + | 37.9 (a) An applicant qualifies as a social equity applicant if the applicant: |
---|
| 1206 | + | 37.10 (1) was convicted of, received a stay of adjudication under chapter 609 for, or was |
---|
| 1207 | + | 37.11adjudicated delinquent under chapter 260B of an offense involving the possession or sale |
---|
| 1208 | + | 37.12of cannabis or marijuana prior to May 1, 2023; |
---|
| 1209 | + | 37.13 (2) had a parent, guardian, child, spouse, or dependent who was convicted of an offense |
---|
| 1210 | + | 37.14involving the possession or sale of cannabis or marijuana prior to May 1, 2023; |
---|
| 1211 | + | 37.15 (3) was a dependent of an individual who was convicted of an offense involving the |
---|
| 1212 | + | 37.16possession or sale of cannabis or marijuana prior to May 1, 2023; |
---|
| 1213 | + | 37.17 (4) is a military veteran, including a service-disabled veteran, current or former member |
---|
| 1214 | + | 37.18of the national guard; |
---|
| 1215 | + | 37.19 (5) is a military veteran or current or former member of the national guard who lost |
---|
| 1216 | + | 37.20honorable status due to an offense involving the possession or sale of cannabis or marijuana; |
---|
| 1217 | + | 37.21 (6) has been a resident for the last five years of one or more subareas, such as census |
---|
| 1218 | + | 37.22tracts or neighborhoods: |
---|
| 1219 | + | 37.23 (i) that experienced a disproportionately large amount of cannabis enforcement as |
---|
| 1220 | + | 37.24determined by the study conducted by the office pursuant to section 342.04, paragraph (b), |
---|
| 1221 | + | 37.25or another report based on federal or state data on arrests or convictions; |
---|
| 1222 | + | 37.26 (ii) where the poverty rate was 20 percent or more; |
---|
| 1223 | + | 37.27 (iii) where the median family income did not exceed 80 percent of the statewide median |
---|
| 1224 | + | 37.28family income or, if in a metropolitan area, did not exceed the greater of 80 percent of the |
---|
| 1225 | + | 37.29statewide median family income or 80 percent of the median family income for that |
---|
| 1226 | + | 37.30metropolitan area; |
---|
| 1227 | + | 37Article 8 Section 1. |
---|
| 1228 | + | REVISOR RSI/VJ 25-0280802/25/25 38.1 (iv) where at least 20 percent of the households receive assistance through the |
---|
| 1229 | + | 38.2Supplemental Nutrition Assistance Program; or |
---|
| 1230 | + | 38.3 (v) where the population has a high level of vulnerability according to the Centers for |
---|
| 1231 | + | 38.4Disease Control and Prevention and Agency for Toxic Substances and Disease Registry |
---|
| 1232 | + | 38.5(CDC/ATSDR) Social Vulnerability Index; or |
---|
| 1233 | + | 38.6 (7) has participated in the business operation of a farm for at least three years and |
---|
| 1234 | + | 38.7currently provides the majority of the day-to-day physical labor and management of a farm |
---|
| 1235 | + | 38.8that had gross farm sales of at least $5,000 but not more than $100,000 in the previous year. |
---|
| 1236 | + | 38.9 (b) The qualifications described in paragraph (a) apply to each individual applicant or, |
---|
| 1237 | + | 38.10in the case of a business entity, apply to at least 65 percent of the controlling ownership of |
---|
| 1238 | + | 38.11the business entity. |
---|
| 1239 | + | 38.12Sec. 2. Minnesota Statutes 2024, section 342.37, is amended by adding a subdivision to |
---|
| 1240 | + | 38.13read: |
---|
| 1241 | + | 38.14 Subd. 2a.Cannabis testing facility licenses.(a) Pending an applicant's accreditation |
---|
| 1242 | + | 38.15by a laboratory accrediting organization approved by the office, the office may issue or |
---|
| 1243 | + | 38.16renew a cannabis testing facility license for an applicant that is a person, cooperative, or |
---|
| 1244 | + | 38.17business if the applicant: |
---|
| 1245 | + | 38.18 (1) submits documentation to the office demonstrating that the applicant has a signed |
---|
| 1246 | + | 38.19contract with a laboratory accreditation organization approved by the office, has scheduled |
---|
| 1247 | + | 38.20an audit, and is making progress toward accreditation by a laboratory accrediting organization |
---|
| 1248 | + | 38.21approved by the office according to the standards of the most recent edition of ISO/IEC |
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| 1249 | + | 38.2217025: General Requirements for the Competence of Testing and Calibration Laboratories; |
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| 1250 | + | 38.23 (2) passes a final site inspection conducted by the office; and |
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| 1251 | + | 38.24 (3) meets all other licensing requirements according to chapter 342 and Minnesota Rules. |
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| 1252 | + | 38.25 (b) After receiving a license under this section, a license holder may operate a cannabis |
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| 1253 | + | 38.26testing facility up to one year with pending accreditation status. |
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| 1254 | + | 38.27 (c) If, after one year, a license holder continues to have pending accreditation status, the |
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| 1255 | + | 38.28license holder may apply for a onetime extension to continue operations for up to six months. |
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| 1256 | + | 38.29The office may grant an extension under this paragraph to a license holder if the license |
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| 1257 | + | 38.30holder: |
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| 1258 | + | 38.31 (1) passes a follow-up site inspection conducted by the office; |
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| 1259 | + | 38Article 8 Sec. 2. |
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| 1260 | + | REVISOR RSI/VJ 25-0280802/25/25 39.1 (2) submits an initial audit report from a laboratory accrediting organization approved |
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| 1261 | + | 39.2by the office; and |
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| 1262 | + | 39.3 (3) submits any additional information requested by the office. |
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| 1263 | + | 39.4 (d) The office may revoke a cannabis testing facility license held by a license holder |
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| 1264 | + | 39.5with pending accreditation status if the office determines or has reason to believe that the |
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| 1265 | + | 39.6license holder: |
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| 1266 | + | 39.7 (1) is not making progress toward accreditation; or |
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| 1267 | + | 39.8 (2) has violated a cannabis testing requirement, an ownership requirement, or an |
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| 1268 | + | 39.9operational requirement in chapter 342 or Minnesota Rules. |
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| 1269 | + | 39.10 (e) The office must not issue or renew a cannabis testing facility license under this |
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| 1270 | + | 39.11subdivision for a license holder if the license holder's accreditation has been suspended or |
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| 1271 | + | 39.12revoked by a laboratory accrediting organization. |
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| 1272 | + | 39.13Sec. 3. Minnesota Statutes 2024, section 342.37, is amended by adding a subdivision to |
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| 1273 | + | 39.14read: |
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| 1274 | + | 39.15 Subd. 2b.Loss of accreditation.(a) A license holder must report loss of accreditation |
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| 1275 | + | 39.16to the office within 24 hours of receiving notice of the loss of accreditation. |
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| 1276 | + | 39.17 (b) The office must immediately revoke a license holder's license upon receiving notice |
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| 1277 | + | 39.18that the license holder has lost accreditation. |
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| 1278 | + | 39Article 8 Sec. 3. |
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| 1279 | + | REVISOR RSI/VJ 25-0280802/25/25 Page.Ln 1.17COMMERCE FINANCE.......................................................................ARTICLE 1 |
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| 1280 | + | Page.Ln 7.10CLIMATE AND ENERGY FINANCE..................................................ARTICLE 2 |
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| 1281 | + | Page.Ln 10.2RENEWABLE DEVELOPMENT ACCOUNT APPROPRIATIONS....ARTICLE 3 |
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| 1282 | + | Page.Ln 11.25FINANCIAL INSTITUTIONS POLICY...............................................ARTICLE 4 |
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| 1283 | + | Page.Ln 22.14MINNESOTA PREMIUM SECURITY PLAN.....................................ARTICLE 5 |
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| 1284 | + | Page.Ln 27.20ENERGY POLICY.................................................................................ARTICLE 6 |
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| 1285 | + | Page.Ln 34.23WEIGHTS & MEASURES POLICY....................................................ARTICLE 7 |
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| 1286 | + | Page.Ln 37.5CANNABIS POLICY............................................................................ARTICLE 8 |
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