Bill Text: MN HF3302 | 2013-2014 | 88th Legislature | Engrossed
Bill Title: Legislative enactment miscellaneous oversights, inconsistencies, ambiguities, unintended results, and technical errors corrected.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Passed) 2014-05-30 - Secretary of State Chapter 313 [HF3302 Detail]
Download: Minnesota-2013-HF3302-Engrossed.html
1.2relating to legislative enactments; correcting miscellaneous oversights,
1.3inconsistencies, ambiguities, unintended results, and technical errors;amending
1.4Minnesota Statutes 2012, sections 58A.12; 477A.20, as added if enacted;
1.5Minnesota Statutes 2013 Supplement, section 349.166, subdivision 1; Laws
1.62014, chapter 241, article 2, section 1, subdivision 8; 2014 S.F. No. 2336,
1.7section 26, if enacted.
1.8BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.9 Section 1. Minnesota Statutes 2012, section 58A.12, is amended to read:
1.1058A.12 ENFORCEMENT AUTHORITIES, VIOLATIONS, AND PENALTIES.
1.11(a) In order to ensure the effective supervision and enforcement of this chapter, the
1.12commissioner may, pursuant to chapter 14:
1.13(1) deny, suspend, revoke, condition, or decline to renew a license for a violation of
1.14this chapter, rules issued under this chapter, or order or directive entered under this chapter;
1.15(2) deny, suspend, revoke, condition, or decline to renew a license if an applicant
1.16or licensee fails at anytime to meet the requirements of section58A.05 or
58A.08 , or
1.17withholds information or makes a material misstatement in an application for a license
1.18or renewal of a license;
1.19(3) order restitution against persons subject to this chapter for violations of this
1.20chapter;
1.21(4) impose fines on persons subject to this chapter pursuant to paragraphs (b)
1.22to (d); and
1.23(5) issue orders or directives under this chapter as follows:
1.24(i) order or direct persons subject to this chapter to cease and desist from conducting
1.25business, including immediate temporary orders to cease and desist;
2.1(ii) order or direct persons subject to this chapter to cease any harmful activities or
2.2violations of this chapter, including immediate temporary orders to cease and desist;
2.3(iii) enter immediate temporary orders to cease business under a licenseor interim
2.4license issued pursuant to the authority granted under section 58A.03, subdivision 4, if
2.5the commissioner determines that the license was erroneously granted or the licensee is
2.6currently in violation of this chapter; and
2.7(iv) order or direct other affirmative action the commissioner considers necessary.
2.8(b) The commissioner may impose a civil penalty on a mortgage loan originator or
2.9person subject to this chapter if the commissioner finds, on the record after notice and
2.10opportunity for hearing, that the mortgage loan originator or person subject to this chapter
2.11has violated or failed to comply with any requirement of this chapter or any rule prescribed
2.12by the commissioner under this chapter or order issued under authority of this chapter.
2.13(c) The maximum amount of penalty for each act or omission described in paragraph
2.14(b) is $25,000.
2.15(d) Each violation or failure to comply with any directive or order of the
2.16commissioner is a separate and distinct violation or failure.
2.17 Sec. 2. [CORR14-01] 2014 S.F. No. 2336, section 26, if enacted, is amended to read:
2.18 Sec. 26. REPEALER.
2.19Laws 2012, chapter 235, section 11, is repealed.
2.20EFFECTIVE DATE.This section is effective the day following final enactment.
2.21 Sec. 3. [CORR14-02] Laws 2014, chapter 241, article 2, section 1, subdivision 8,
2.22is amended to read:
2.23 Subd. 8. Application. (a) This section does not apply with respect to a wireless
2.24communications device returned to the store where it was originally purchased pursuant
2.25to the return policies of the wireless communications device dealer, CMRS provider,
2.26manufacturer, or retailer.
2.27(b) This section does not apply with respect to wireless communications devices
2.28acquired by a: (1) CMRS provider as part of a trade-inor a repair and refurbishment
2.29 program; (2) manufacturer as part of a trade-in or a repair and refurbishment program;
2.30or (3) retailer whose trade-in program: (i) reports records to the Minnesota Automated
2.31Property System in an interchange file specification format maintained by the system;
2.32(ii) reports to other national or regional transaction reporting database available to law
2.33enforcement; or (iii) reports as required by local ordinance.
3.1(c) This section does not apply to wireless communications device dealers regulated
3.2under chapter 325J.
3.3 Sec. 4. [CORR14-04] Minnesota Statutes 2013 Supplement, section 349.166,
3.4subdivision 1, is amended to read:
3.5 Subdivision 1. Exclusions. (a) Bingo, with the exception of linked bingo games, may
3.6be conducted without a license and without complying with sections349.168 , subdivisions
3.71 and 2;349.17 , subdivisions 4 and 5;
349.18, subdivision 1 ; and
349.19 , if it is conducted:
3.8(1) by an organization in connection with a county fair, the state fair, or a civic
3.9celebration and is not conducted for more than 12 consecutive days and is limited to no more
3.10than four separate applications for activities applied for and approved in a calendar year; or
3.11(2) by an organization that conducts bingo on four or fewer days in a calendar year.
3.12An organization that holds a license to conduct lawful gambling under this chapter
3.13may not conduct bingo under this subdivision.
3.14(b) Bingo may be conducted within a nursing home or a senior citizen housing project
3.15or by a senior citizen organization if the prizes for a single bingo game do not exceed $10,
3.16total prizes awarded at a single bingo occasion do not exceed $200, no more thantwo five
3.17bingo occasions are held by the organization or at the facility each week, only members of
3.18the organization or residents and their guests of the nursing home or housing project are
3.19allowed to play in a bingo game, no compensation is paid for any persons who conduct the
3.20bingo, and a manager is appointed to supervise the bingo. Bingo conducted under this
3.21paragraph is exempt from sections349.11 to
349.23 , and the board may not require an
3.22organization that conducts bingo under this paragraph, or the manager who supervises the
3.23bingo, to register or file a report with the board. The gross receipts from bingo conducted
3.24under the limitations of this subdivision are exempt from taxation under chapter 297A.
3.25EFFECTIVE DATE.This section is effective the day that S.F. No. 2642, if
3.26enacted, is effective.
3.27 Sec. 5. [CORR14-05] Minnesota Statutes 2012, section 477A.20, as added by 2014
3.28H.F. No. 3167, article 7, section 2, if enacted, is amended to read:
3.29[477A.20] DEBT SERVICE AID; LEWIS AND CLARK JOINT POWERS
3.30BOARD.
3.31(a) The Lewis and Clark Joint Powers Board is eligible to receive an aid distribution
3.32under this section equal to (1) the principal and interest payable in the succeeding calendar
3.33year for bonds issued under section469.352 minus the sum of (2) the combined adjusted
4.1net tax capacity of Rock County and Nobles County for the assessment year prior to the
4.2aid payable year multiplied by 1.5 percent and (3) 50 percent of any federal aid received
4.3to fund the project in the calendar year. The board shall certify to the commissioner of
4.4revenue any federal aid allocated to the project for the calendar year and the principal
4.5and interest due in the succeeding calendar year by June 1 of the aid payable year. The
4.6commissioner of revenue shall calculate the aid payable under this section and certify the
4.7amount payable before July 1 of the aid distribution year. The commissioner shall pay the
4.8aid under this section to the board at the times specified for payments of local government
4.9aid in section477A.015 . An amount sufficient to pay the state aid authorized under this
4.10section is annually appropriated to the commissioner from the general fund.
4.11(b) The board must allocate the aid to the municipalities issuing bonds under section
4.12469.352
in proportion to their principal and interest payments.
4.13(c) If the deduction under paragraph (a), clause (3), eliminates the aid payment
4.14under this section in a calendar year, then the excess of the deduction must be carried
4.15over and used to reduce the principal and interest in the succeeding year or years used to
4.16calculate aid under paragraph (a).
4.17(d) If federal grants and aid received for the project, not deducted under paragraph
4.18(a), clause (3), exceed the total debt service payments for bonds issued under section
4.19469.352
, other than payments made with state aid under this section, the joint powers
4.20board must repay any excess to the commissioner of revenue for deposit in the general
4.21fund. The repayment may not exceed the sum of state aid payments under this section and
4.22any other grants made by the state for the project.
4.23(e) This section expires at the earlier of January 1, 2039, or when the bonds
4.24authorized under section469.352 have been paid or defeased.
4.25 Sec. 6. EFFECTIVE DATE.
4.26Unless otherwise provided, each section of this act takes effect at the time the
4.27provision being corrected takes effect.
1.3inconsistencies, ambiguities, unintended results, and technical errors;amending
1.4Minnesota Statutes 2012, sections 58A.12; 477A.20, as added if enacted;
1.5Minnesota Statutes 2013 Supplement, section 349.166, subdivision 1; Laws
1.62014, chapter 241, article 2, section 1, subdivision 8; 2014 S.F. No. 2336,
1.7section 26, if enacted.
1.8BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.9 Section 1. Minnesota Statutes 2012, section 58A.12, is amended to read:
1.1058A.12 ENFORCEMENT AUTHORITIES, VIOLATIONS, AND PENALTIES.
1.11(a) In order to ensure the effective supervision and enforcement of this chapter, the
1.12commissioner may, pursuant to chapter 14:
1.13(1) deny, suspend, revoke, condition, or decline to renew a license for a violation of
1.14this chapter, rules issued under this chapter, or order or directive entered under this chapter;
1.15(2) deny, suspend, revoke, condition, or decline to renew a license if an applicant
1.16or licensee fails at anytime to meet the requirements of section
1.17withholds information or makes a material misstatement in an application for a license
1.18or renewal of a license;
1.19(3) order restitution against persons subject to this chapter for violations of this
1.20chapter;
1.21(4) impose fines on persons subject to this chapter pursuant to paragraphs (b)
1.22to (d); and
1.23(5) issue orders or directives under this chapter as follows:
1.24(i) order or direct persons subject to this chapter to cease and desist from conducting
1.25business, including immediate temporary orders to cease and desist;
2.1(ii) order or direct persons subject to this chapter to cease any harmful activities or
2.2violations of this chapter, including immediate temporary orders to cease and desist;
2.3(iii) enter immediate temporary orders to cease business under a license
2.4
2.5the commissioner determines that the license was erroneously granted or the licensee is
2.6currently in violation of this chapter; and
2.7(iv) order or direct other affirmative action the commissioner considers necessary.
2.8(b) The commissioner may impose a civil penalty on a mortgage loan originator or
2.9person subject to this chapter if the commissioner finds, on the record after notice and
2.10opportunity for hearing, that the mortgage loan originator or person subject to this chapter
2.11has violated or failed to comply with any requirement of this chapter or any rule prescribed
2.12by the commissioner under this chapter or order issued under authority of this chapter.
2.13(c) The maximum amount of penalty for each act or omission described in paragraph
2.14(b) is $25,000.
2.15(d) Each violation or failure to comply with any directive or order of the
2.16commissioner is a separate and distinct violation or failure.
2.17 Sec. 2. [CORR14-01] 2014 S.F. No. 2336, section 26, if enacted, is amended to read:
2.18 Sec. 26. REPEALER.
2.19Laws 2012, chapter 235, section 11, is repealed.
2.20EFFECTIVE DATE.This section is effective the day following final enactment.
2.21 Sec. 3. [CORR14-02] Laws 2014, chapter 241, article 2, section 1, subdivision 8,
2.22is amended to read:
2.23 Subd. 8. Application. (a) This section does not apply with respect to a wireless
2.24communications device returned to the store where it was originally purchased pursuant
2.25to the return policies of the wireless communications device dealer, CMRS provider,
2.26manufacturer, or retailer.
2.27(b) This section does not apply with respect to wireless communications devices
2.28acquired by a: (1) CMRS provider as part of a trade-in
2.29 program; (2) manufacturer as part of a trade-in or a repair and refurbishment program;
2.30or (3) retailer whose trade-in program: (i) reports records to the Minnesota Automated
2.31Property System in an interchange file specification format maintained by the system;
2.32(ii) reports to other national or regional transaction reporting database available to law
2.33enforcement; or (iii) reports as required by local ordinance.
3.1(c) This section does not apply to wireless communications device dealers regulated
3.2under chapter 325J.
3.3 Sec. 4. [CORR14-04] Minnesota Statutes 2013 Supplement, section 349.166,
3.4subdivision 1, is amended to read:
3.5 Subdivision 1. Exclusions. (a) Bingo, with the exception of linked bingo games, may
3.6be conducted without a license and without complying with sections
3.71 and 2;
3.8(1) by an organization in connection with a county fair, the state fair, or a civic
3.9celebration and is not conducted for more than 12 consecutive days and is limited to no more
3.10than four separate applications for activities applied for and approved in a calendar year; or
3.11(2) by an organization that conducts bingo on four or fewer days in a calendar year.
3.12An organization that holds a license to conduct lawful gambling under this chapter
3.13may not conduct bingo under this subdivision.
3.14(b) Bingo may be conducted within a nursing home or a senior citizen housing project
3.15or by a senior citizen organization if the prizes for a single bingo game do not exceed $10,
3.16total prizes awarded at a single bingo occasion do not exceed $200, no more than
3.17bingo occasions are held by the organization or at the facility each week, only members of
3.18the organization or residents and their guests of the nursing home or housing project are
3.19allowed to play in a bingo game, no compensation is paid for any persons who conduct the
3.20bingo, and a manager is appointed to supervise the bingo. Bingo conducted under this
3.21paragraph is exempt from sections
3.22organization that conducts bingo under this paragraph, or the manager who supervises the
3.23bingo, to register or file a report with the board. The gross receipts from bingo conducted
3.24under the limitations of this subdivision are exempt from taxation under chapter 297A.
3.25EFFECTIVE DATE.This section is effective the day that S.F. No. 2642, if
3.26enacted, is effective.
3.27 Sec. 5. [CORR14-05] Minnesota Statutes 2012, section 477A.20, as added by 2014
3.28H.F. No. 3167, article 7, section 2, if enacted, is amended to read:
3.29[477A.20] DEBT SERVICE AID; LEWIS AND CLARK JOINT POWERS
3.30BOARD.
3.31(a) The Lewis and Clark Joint Powers Board is eligible to receive an aid distribution
3.32under this section equal to (1) the principal and interest payable in the succeeding calendar
3.33year for bonds issued under section
4.1net tax capacity of Rock County and Nobles County for the assessment year prior to the
4.2aid payable year multiplied by 1.5 percent and (3) 50 percent of any federal aid received
4.3to fund the project in the calendar year. The board shall certify to the commissioner of
4.4revenue any federal aid allocated to the project for the calendar year and the principal
4.5and interest due in the succeeding calendar year by June 1 of the aid payable year. The
4.6commissioner of revenue shall calculate the aid payable under this section and certify the
4.7amount payable before July 1 of the aid distribution year. The commissioner shall pay the
4.8aid under this section to the board at the times specified for payments of local government
4.9aid in section
4.10section is annually appropriated to the commissioner from the general fund.
4.11(b) The board must allocate the aid to the municipalities issuing bonds under section
4.13(c) If the deduction under paragraph (a), clause (3), eliminates the aid payment
4.14under this section in a calendar year, then the excess of the deduction must be carried
4.15over and used to reduce the principal and interest in the succeeding year or years used to
4.16calculate aid under paragraph (a).
4.17(d) If federal grants and aid received for the project, not deducted under paragraph
4.18(a), clause (3), exceed the total debt service payments for bonds issued under section
4.20board must repay any excess to the commissioner of revenue for deposit in the general
4.21fund. The repayment may not exceed the sum of state aid payments under this section and
4.22any other grants made by the state for the project.
4.23(e) This section expires at the earlier of January 1, 2039, or when the bonds
4.24authorized under section
4.25 Sec. 6. EFFECTIVE DATE.
4.26Unless otherwise provided, each section of this act takes effect at the time the
4.27provision being corrected takes effect.
