Legislative Session number- 85

Bill Name: SF2096

3E Relating to the organization, operation and financing of state government,
appropriating money for environment, natural resources, energy and commerce
purposes

ARTICLE 1 - ENVIRONMENT AND NATURAL RESOURCES

Providing a summary of
appropriations by fund; appropriating money to the pollution control agency
(PCA) for the clean water partnership program, for community technical
assistance and education for local and basinwide water quality protection, for
individual sewage treatment system (ISTS) administration and grants, for
technology and technical assistance to local governments, for individual septic
tank fees administration, for county feedlot program grants, for providing
regulatory services to the ethanol, mining and other developing economic
sectors, for bioenergy crop utilization technologies, for the completion of an
endocrine disruptors report, for an evaluation of point of use water treatment
units at removing certain chemicals in drinking water, for air quality purposes,
for the small business environmental improvement loan program, for monitoring
ambient air for hazardous pollutants in the metropolitan area, for certain land
purposes, for the leaking underground storage tank program, for private water
supply monitoring and health assessment costs in areas contaminated by
unpermitted mixed municipal sold waste disposal facilities, for environmental
health tracking and biomonitoring, for evaluation of point of use water
treatment, for certain multimedia and environmental assistance purposes, for a
grant to the Koochiching economic development authority for a feasibility study
for a plasma torch gasification facility, for a biomass gasification facilities
air emissions study, for SCORE block grants to counties, for environmental
assistance grants and loans and for administrative support, for the retrofitting
of school buses; to the commissioner of natural resources (DNR) for land and
mineral resources management, for iron ore cooperative research, for minerals
cooperative environmental research, for minerals management account purposes,
for school trust lands activities, for support of the land records management
system, for land asset management, for water resources management purposes, for
Red River mediation agreement implementation grants, for a grant to the
Mississippi Headwaters board, for the upper Mississippi comprehensive plan
payment to the Leech Lake band of Chippewa Indians, for ring dikes construction,
for water impairment identification, for foundation and hydraulics study of the
Rapidan dam, for surface and groundwater issues related to the development and
expansion of ethanol production, for forest management improvements and road
maintenance purposes, for emergency firefighting costs, for the ecological
classification system, the prevention of invasive species, for reinventory of
state forest lands, for the forest resources council for implementation of the
sustainable forest resources act, for the forest resource council to address
parcelization and fragmentation of forest land, for the forest resources
research advisory committee to provide direction on research topics relating to
competitiveness of the primary forest products industry, for the FORIST timber
management information system, for implementation of the ecological
classification systems (ECS) standards on forested landscapes, for a statewide
information and education campaign about the transport, storage and use of
certain firewood, to the forest resource council for a task force on forest
protection and to the commissioner for identification, removal, disposal and
replacement of certain trees, to the natural resources research institute for
silvicultural research to improve quality and quantity of timber fiber, for
assistance to nonindustrial private forest (NIPF) landowners, for addressing
escalating land asset management demands, for parks and recreation management,
for state park water access projects, for additional interpretative services,
for state park and recreation area operations, for the payment of expenses of
the Cuyuna country state recreation area citizens advisory council, for a
cooperative project with the United States Army Corps of Engineers to develop
the Mississippi Whitewater park, for increased park maintenance work, resource
management projects and conservation education for park users, for trails and
waterways management, for snowmobile and off-highway grants in aid, for a safe
harbor program on Lake Superior, for state trail operations, for trails grants
to local units of governments on certain land, for all terrain vehicle
specialists to assist and consult on sustainable all terrain vehicle development
and maintenance, for certain expenditures on water access sites, for operation
and maintenance of nonmotorized trails within state forests, for additional wild
and scenic river program activities, for local government cooperation in marking
routes and designating river accesses and campsites, for fish and wildlife
management purposes, for resource population surveys in the 1837 treaty area,
for acquisition costs, development, and maintenance of wildlife lands, for fish
and wildlife resources improvement, enhancement and protection activities, to
publicize the critical habitat license plate match program, for trout and salmon
management, for deer habitat improvements, for deer and bear management, for
waterfowl, pheasant, wild turkey, habitat improvements and management, for
administering fishing contest permits, for accelerating wildlife health
programs, for grassland wetland complexes on public and private lands programs
and efforts, for the roadsides for wildlife program, for grants to Let's Go
Fishing of Minnesota, for staffing the budgetary oversight committee, for
ecological services, for nongame wildlife management, information, education and
promotion, critical habitat and wetlands, for heritage enhancement activities
for fish and wildlife resources, for law enforcement and management to prevent
the spread of invasive species, management of invasive plants in public waters
and of terrestrial invasive species on state lands, to support a technical
advisory committee for land management units that manage grass lands for the
purpose of native prairie seed harvest and replanting on state owned lands, to
support the identification of impaired waters and develop plans to address those
impairments in accordance with the clean water act, for the reinvest in
Minnesota programs of game and fish, critical habitat, and wetlands, for
renovations to the International wolf center, to the city of Wabasha for the
national bald eagle center, for the wildlife rehabilitation center of Minnesota
to retire loans incurred by construction of its facility, for the Project Wild
program, for all terrain vehicle trails, for enforcement purposes, for
stationing a conservation officer at Mississippi headwaters state forest to
enforce state law along a portion of the river, for grants to counties for boat
and water safety, for solid waste enforcement activities, for grants to local
law enforcement agencies for snowmobile enforcement, for heritage enhancement
enforcement activities, for grants to county law enforcement agencies for
off-highway vehicle enforcement and public education activities, for
establishing the off-road vehicle environment and safety education and training
program, for off-highway vehicle safety programs and grants, for operations
support for the city of St. Paul for the Como zoo and conservatory and the city
of Duluth zoo; to the Minnesota conservation corps in agreement with the
commissioner, to the board of water and soil resources (BOWSR) for natural
resources block grants to local governments, match, for grants to soil and water
conservation districts for general purposes, nonpoint engineering and
implementation of the reinvest in Minnesota (RIM) conservation reserve program
and for cost sharing contracts for erosion control and water quality management,
for county cooperative weed management programs on certain lands and to restore
native plants in certain invasive species management sites, for the Faribault
soil and water conservation district to pay for erosion repair on the blue earth
river, for grants to soil and water conservation districts for web site
development and reporting costs and for evaluating and reporting on performance
financial and activity information of local water entities, for a grant to the
Red River basin commission to coordinate water management activities, for the
implementation of the clean water legacy act, for agricultural watershed
restoration projects in certain areas, for targeted nonpoint restoration and
protection and technical compliance and engineering activities relating to
wetland mitigation opportunities and certain water quality and watershed
improvement projects, for reporting and evaluating applied soil and water
conservation practices, for grants to implement county individual sewage
treatment system programs, for certain feedlot water quality grants, for grants
to support local nonpoint source protection activities related to lake and river
protection and management, for grants to address imminent threat and failing
individual sewer systems, to the Minnesota river basin joint powers board for
expenses relating to finding the results to certain projects at certain major
watersheds within the Minnesota river basin, for grants to area II, Minnesota
River Basin Projects, Inc. for floodplain management, for staffing needs for
state oversight and technical support to local governments administering the
wetland conservation act and for monitoring and enforcing wetland replacement
and wetland bank sites, for updating the Minnesota public drainage manual, for
the development of performance and operation standards for local watershed
entities, for grants for bioenergy crop research and monitoring, for a grant to
the Minnesota forest resources council for ecological research, for the
development of clean energy program guidelines and standards, for the city of
Gaylord to construct and reconstruct storm water sewer drains, to the zoological
board, to the science museum of Minnesota, to the metropolitan council for
metropolitan area regional parks maintenance and operations, for the Minnesota
conservation corps, and for learning stipends for deaf students and wages for
interpreters participating in its summer youth program; modifying the definition
of public official, modifying certain state agency service requirements;
providing that certain additional funds be deposited in the environmental fund;
providing for meat processor reimbursement upon the distribution of venison to a
charitable organization under certain circumstances, requiring the commissioner
of agriculture to provide a report to the legislature with policy
recommendations regarding aquaculture; permitting the commissioner to make
grants to municipalities and enter into certain contracts regarding certain
plant pests programs, defining certain terms; providing for certain fund
transfers and for the continued availability or carry forward of certain
appropriations; requiring certain reports; authorizing the commissioner of
natural resources (DNR) to adopt certain game and fish expedited permanent
rules, providing certain requirements for parties to an easement under the
authority of the commissioner of natural resources; allowing the commissioner to
sell forest resource assessment products; modifying restrictions on off highway
vehicle use on certain state lands; modifying the off highway vehicle damage
account purpose to include the restoration and repair of property damaged by
illegal operation of off highway vehicles and the operation of off highway
vehicles in an unpermitted area; eliminating certain unused balance transfer
requirements providing restrictions on off road vehicles in certain counties;
establishing an off highway vehicle safety and conservation program to promote
safe and responsible operation of off highway vehicles without environmental
harm, prohibiting public employee worker displacement, requiring the
commissioner to appoint an off highway vehicle safety advisory council;
specifying certain registration exemptions for older all terrain vehicles and
increasing certain registration fees for public use; modifying the purpose of
the all terrain vehicle account to include the maintenance of certain minimum
maintenance forest roads and certain county forest roads; requiring the
commissioner of natural resources to prepare compile and electronically
disseminate public prairie establishment guidance materials and resources;
permitting the commissioner of natural resources to contract for and accept any
help with regard to emergency invasive species prevention work; modifying
certain duties of the commissioner relating to designating infested waters;
creating the invasive species account for deposit of surcharges of certain
watercraft licenses and trailers for management of invasive species purposes;
establishing the cuyuna country state recreation area citizens advisory council;
exempting certain areas of the cuyuna country state recreation area from park
permits and fees; designating the Redwood river as canoe and boating routes;
defining community forest; modifying the duties of competent foresters;
modifying purpose of the Minnesota releaf program; modifying and establishing
certain definitions; modifying best methods relating to forest resource
preservation; establishing the forest resource assessment products and services
account in the natural resources fund and specifying use of money in the fund;
making various technical changes with respect to forest and shade tree pest
control; establishing the shade tree pest control grant program; specifying
certification procedures of tree inspectors; providing for certain exemptions;
modifying mineral payment disposition; permitting the commissioner of natural
resources to establish fees providing for the use of state wildlife management
area lands or aquatic management area lands for specific purposes; extending the
expiration date of the mineral coordinating committee; expanding the authority
of the commissioner establish fees for the use of state wildlife management
areas and aquatic management areas for dog trials, special events and commerce
uses; providing for deer hunting license donations and surcharges for charitable
purposes and authorizing voluntary deer license donations; eliminating the
pheasant stamp and migratory waterfowl stamp requirements; establishing an
extended season fish and dark house licenses, setting fees; modifying certain
license requirements for taking fish from a fish or dark house; modifying the
age requirements for nonresident minors to obtain small game licenses;
authorizing spouses of residents on active military duty and residents
discharged from active service to obtain resident hunting and fishing licenses;
adding resident trapping to the small game hunting and sporting lifetime
licenses; modifying the age requirements for nonresident minors to obtain small
game licenses and modifying certain nonresident license fees; imposing a
surcharge on nonresident fishing, exception; excluding certain deer license
surcharges and donations from being subject to electronic licensing system fees;
permitting the donating of deer to charitable food assistance programs and
certain meat processors; modifying license requirements for nonresidents taking
fox or coyote; eliminating the pheasant stamp and migratory waterfowl stamp
requirements; modifying permit requirements for fishing contests, imposing a fee
for permits to conduct fishing contests; permitting the board of water and soil
resources to issue penalty orders in certain situations; instructing the board
of water and soil resources to evaluate performance, financial, and activity
information for each local water management entity; authorizing soil and water
conservation district officers, watershed district officers or other authorized
employees to use a credit card to make purchases on behalf of the district;
establishing the seeding of permanent vegetation strips along drainage ditches;
requiring a drainage authority to annually submit a ditch buffer strip annual
report to the board of water and soil resources; adding the amount of money
needed for restoring perennial vegetative cover to damages to be paid; providing
for the restoration of perennial vegetative cover if it is disturbed or
destroyed when a drainage system is being repaired; requiring regular drainage
ditch inspection; requiring the board of soil and water resources (BOWSR) to
establish and administer an additional reinvest in Minnesota clean energy
program, defining eligible land, providing for the designation of project areas,
easements, property rights, landowner agreements, easements and enforcement and
damages, requiring appointment of a technical committee; modifying wetland
replacement procedures; modifying wetland siting procedure; clarifying certain
exemptions from wetland replacement plans, modifying exemption conditions;
modifying the evaluation of wetland value replacement plans; modifying the
process of appealing wetland boundary or type determination procedures;
adjusting certain fees paid to the board of water and soil resources; modifying
certain contents of a comprehensive wetland protection and management plan;
adjusting public access requirements to certain wetlands; modifying certain
application fees for general water permits; defining performance based system;
modifying local ordinances and rules relating to individual sewage treatment
systems; permitting counties to adopt individual sewage treatment system
management plans; modifying the duties of the environmental quality board in
coordinating activities relating to genetically engineered organisms; modifying
the general authority of the environmental quality board, modifying certain
federal oversight provisions regarding certain genetically engineered organisms;
requiring the commissioner of health, in cooperation with the commissioner of
the pollution control agency, to implement an environmental health tracking
program and a biomonitoring pilot program, specifying certain program
components, guidelines and consultation requirements; instructing the
commissioner of health to establish the environmental health tracking and
biomonitoring advisory panel, prescribing makeup and establishing duties of the
panel, clarifying certain liability issues involving the panel; instructing the
commissioner of natural resources to work with private individuals and groups to
cause markers to be erected at either end of each native prairie within a
railroad right of way; modifying certain county board duties relating to timber
sales; banning the manufacture, processing, or distribution of products
containing a certain amount of pentabromodiphenyl ether or octabormodiphenyl
ether by mass, providing for certain exceptions; requiring the commissioner of
the pollution control agency (PCA) and the commissioners of health and public
safety to review the uses of commercial decabromodiphenyl ether and make
recommendations, specifying duties of the commissioner of administration
relating to procurement of products not containing polybrominated diphenyl
ethers, prescribing certain penalties; requiring the commissioner of natural
resources to provide natural heritage data from the county biological survey
available to municipalities for their planning and zoning comprehensive plan;
specifying a new deadline for the continuous trail designation for the
commissioner of natural resources; providing for a certain sales price exemption
for land sold in Itasca county; instructing the commissioner of natural
resources to provide payment permittees with eligible timber permits, specifying
certain conditions; instructing the forest resource council to create a task
force to develop a forest protection plan, specifying issues the task force must
address, prescribing membership; requiring the creation of a plan to address
endocrine disruptors in Minnesota waters, specifying report components;
requiring the commissioner of natural resources to prepare conservation easement
reports to the legislature; permitting the Itasca county auditor to lease
certain tax forfeited land; instructing the commissioner of natural resources to
prepare a study for natural wild rice; requiring the commissioner of the
pollution control agency to develop a database of best practices relating to the
installation, management and maintenance of individual sewage treatment systems;
authorizing the board of water and soil conservation to adopt rules to amend
certain wetland exemption provisions; adding lands to the Greenleaf lake state
recreation area, requiring the development of a comprehensive management plan
for the recreation area; establishing the Vermillion highlands wildlife
management area, specifying permitted uses for the area; requiring the
commissioners of health and PCA and the university of Minnesota to jointly
develop a memorandum for environmental hazard, exposure, and health outcome
information sharing; repealing certain provisions relating to shade tree pest
and disease control, forest pest control, exemptions for certain replacement
plans for wetlands and provisions relating to Greenleaf state park

ARTICLE 2 -
ENERGY

Providing a summary of appropriations; appropriating money to the
commissioner of commerce for renewable energy projects and community energy
outreach and assistance grants including grants for on-farm biogas recovery
facilities, solar electricity projects, community energy technical assistance
and outreach on renewable energy and energy efficiency, for technical analysis
and demonstration funding for automotive technology projects focusing on plug in
hybrid electric vehicles, hydrogen road map initiatives, rural wind energy
development, for competitive cost share grants to fund renewable energy research
to the board of regents of the university of Minnesota for the initiative for
renewable energy and the environment, for E85 cost share grants, to the St. Paul
port authority for a study related to a steam or electrical facility to supply
energy to a customer using steam in a paper recycling operation; to the
commissioner of commerce for grants for demonstration projects of electric
vehicles with advanced transmission technologies incorporating components made
in Minnesota, to the center for rural policy and development at Minnesota state
university at Mankato to make a grant to a nonprofit organization with
experience dealing with energy and community wind issues to design and implement
a rural wind energy development assistance program, for distribution to eligible
households for home heating assistance; for the Minnesota hydrogen initiative to
fund the competitive grant program, for a comprehensive technical, economic and
environmental analysis of the benefits to be derived from greater use in this
state of geothermal heat pump systems for heating, cooling air and heating
water, for a grant to Linden Hills power and light for preliminary engineering
design work and other technical and legal services required for a community
digester and neighborhood district heating and cooling system demonstration
project in the Linden Hills neighborhood of Minneapolis, to the commissioner of
human services to supplement the ongoing operational expenses of the Minnesota
commission serving deaf and hard of hearing people; appropriating money to the
public utilities commission (PUC); requiring the presentation of a research plan
outlining the renewable development funds from entities receiving the funds;
instructing the commissioner of administration to implement a program using best
practices and develop policies under which state employees may receive cash
awards for making suggestions that result in documented cost savings to state
agencies from reduced energy usage in state owned buildings, specifying funding,
requiring a report to the legislature by a certain date, establishing repeal
date; modifying the renewable development account provision to include the
Monticello nuclear plant, specifying certain payment requirements for a utility
owning a nuclear generating plant and allowing utilities to apply for renewable
development fund grants; designating Elk River as a state energy city; requiring
public utilities to report certain data on residential customers to the public
utilities commission on a regular basis, specifying report contents; requiring
the commissioner of commerce to operate, or contract to operate, a propane fuel
repurchase fuel program, permitting commissioner to establish a hedge account
with realized program savings due to prepurchasing, requiring the department of
commerce to issue a report with specified contents by a certain date;
establishing a cold weather rule for public utilities, determining scope,
defining certain terms, requiring utilities to provide summaries of their rights
and responsibilities before the beginning of the cold weather period, requiring
utilities to provide notice before disconnection during a cold weather period,
establishing that a utility must not disconnect and must reconnect utility
heating service if under certain conditions, permitting a utility to verify
customer household income in relation to the cold weather rule, establishing
certain prohibitions and requirements for utilities, requiring utilities to
provide the customer and any designated third party with a commission approved
written notice of the right to appeal, prescribing a process for addressing
disputes involving a municipal or cooperative electric association, establishing
a disconnect reconnect procedure for customers above a certain percentage of the
state median income, requiring utilities to report to the commission on a
regular basis, providing certain restrictions when utility disconnection is
deemed necessary; prescribing a process by which to address undercharges in
utility services; requiring the commissioners of commerce and the PCA to
recommend changes to the commissioner of administration on procurement
guidelines and contracts to facilitate the purchase and deployment of cost
effective renewable hydrogen, fuel cells and related technologies by all levels
of government; authorizing a nonprofit organization or an individual granted
formal intervenor status by the public utilities commission to receive
compensation, establishing guidelines for receiving compensation; requiring that
the public utilities commission establish affordability programs for low income
residential ratepayers; providing for recovery of utility greenhouse gas
infrastructure costs under certain conditions; specifying renewable energy
research activities for certain public utilities; requiring the commissioner of
commerce to coordinate and administer the Minnesota renewable hydrogen
initiative; permitting the department to contract with a nonprofit organization
within the state to develop a road map for the states goals relating to using
renewable hydrogen as an energy source; requiring the commissioner to operate a
competitive grant program for projects to assist the state in attaining its
renewable hydrogen energy goals, requiring biennial reports to the legislature
by a certain date; requiring the commissioner to assemble an advisory committee
to evaluate grant proposals; extending the sunset for the legislative electric
energy task force; requiring that the Manitoba hydro-electric board provide
certain information to each community that is a signatory to the northern flood
agreement; establishing clean energy resource teams, determining mission,
organization, membership, powers and duties of the teams, permitting the
department of commerce to assist the resource teams in certain ways; creating a
rural wind energy development revolving loan fund to provide financial
assistance in development of community wind energy projects; adding gas
generated from qualified farm biogas to renewable energy production incentives
eligible for receiving payments; requiring that certain petroleum violation
escrow funds be used for grants to kindergarten through grade 12 schools to
develop energy conservation or renewable energy projects; instructing the
commissioner of labor and industry to develop recommendation regarding the
adoption of uniform codes and standards for hydrogen infrastructure, fuel cells
and related technologies; permitting the commissioner of commerce to make grants
under the law for the purpose of developing, deploying and encouraging
commercially promising renewable hydrogen production systems and hydrogen end
uses in partnership with industry; authorizing the commissioner of commerce to
convene a broad group of interested stakeholders to evaluate the feasibility and
potential for the interconnection and parallel operation of off site renewable
distributed generation, instructing the issuing of recommendations to the
appropriate legislative committees; requiring the board of regents of the
university of Minnesota to conduct a study assessing potential capacity for
carbon sequestration in state terrestrial systems, specifying study
requirements, requiring the commissioner of natural resources (DNR) to consult
with the Minnesota terrestrial carbon sequestration initiative task force,
specifying task force membership, authorizing the university to contract with
another party, requiring a report to the legislature by a certain date;
requiring the Minnesota geological survey to conduct a study assessing the
potential capacity for geologic carbon sequestration in the state midcontinent
rift system, specifying study requirements, requiring consultation with the
Minnesota mineral coordinating committee; requiring the commissioner to report
to the legislature by a certain date; allowing the St. Paul port authority to
create a not for profit corporation for purposes of owning or operating or both,
a steam and electricity producing facility to be located in St. Paul; requiring
a report on the process of issuing permits for biofuel production facilities;
authorizing Winona county to own, construct, acquire and issue bonds and
certificates of indebtedness to operate an electric power generation facility;
providing for the application and adoption of certain rules; providing for
revisor¿s instruction; repealing certain rules and a statute regarding the
disconnection of utilities during cold weather

ARTICLE 3 -
COMMERCE

Classifying vehicle protection product warrantors financial
information as general nonpublic data; authorizing the commissioner of commerce
to establish, maintain an electronic licensing database system for license
origination, renewal and tracking the completion of continuing education
requirements by certain individual licensees, instructing the commissioner to
obtain funding through a technology surcharge imposed upon the fee for license
origination and renewal for individual licenses requiring continuing education,
creating the commerce department technology account; adding debt management
service providers to financial institutions under the supervision of the
commissioner of commerce; modifying certain debt provisions; modifying certain
provisions regulating additional charges and penalties for consumer small loan
transactions involving cash advanced in exchange of a personal check;
eliminating the requirement for electronic financial terminals (ATMs)
established and maintained by nonstate financial institutions to file certain
notifications; authorizing the investment of health savings accounts in certain
transactions accounts; allowing health savings accounts to be invested in
transactions accounts; repealing certain provisions relating to expenses of
organization and incorporation of banks limited and establishment of
notification authorization requirements by a bank, savings bank or association
or credit union for electronic financial terminals; modifying certain
residential mortgage originator licensing and education requirements; modifying
certificate of exemption requirements; modifying certain license application
content requirements and specifying certain waiver authority of the commissioner
of commerce; increasing certain fees; specifying certain examination powers of
the commissioner; establishing the vehicle protection product act, regulating
vehicle protection products, specifying registration and filing requirements of
warrantors, authorizing the commissioner of commerce to charge fees to
registrants, classifying vehicle protection product warrantors financial
information as general nonpublic data, specifying financial responsibilities of
warrantors, specifying warranty reimbursement policy requirements, requiring
certain disclosures to warranty holders, specifying certain prohibited acts and
record keeping requirements; providing for sanctions and administrative
penalties by the commissioner of commerce, specifying applicability; renewal and
tracking the completion of continuing education requirements of individual
insurance agent licensees, requiring the commissioner to pay for database costs
through imposition of a continuing education technology surcharge, specifying a
maximum surcharge fee, establishing the commerce department technology account,
permitting commissioner surcharge reduction or suspension upon reaching a
certain account balance, prohibiting an individual from selling, soliciting and
negotiating long term care insurance unless licensed as an insurance producer
for accident and health or sickness insurance or life insurance and has
completed an initial training course and ongoing training, specifying training
requirements; modifying certain security filing fee provisions; modifying
collateral in lieu of a corporate surety bond allowable from requirements for
general obligation securities; specifying a certain amount of revenue derived
from a petroleum inspection fee be appropriated to the commissioner of commerce
for grants to providers of low income weatherization services to install
renewable energy equipment in households eligible for weatherization assistance;
prohibiting delivered fuel dealers from discriminating against customers
receiving fuel deliveries under the low income home energy assistance program;
specifying that debt management service providers communication is defined as
telephone solicitation; defining certain terms, requiring debt management
service providers to be registered after a certain date, requiring current
licensed debt proraters to renew licenses as debt management service providers,
allowing continuance for certain unlicensed debt proraters, requiring
registration application to the commissioner of commerce in writing, providing
for term and scope of registration, fees, surety bond, condition of bond, right
of action on bond and a registrant list, requiring commissioner consent for
registration transfers and assignments, requiring annual registration renewal
and prescribing registrant duties, specifying registration denial conditions,
authorizing the commissioner to suspend, revoke or refuse to renew registrations
under certain conditions, requiring written debt management services agreements
prior to work performed or money receipt, providing a debtor right to cancel
agreement, requiring registrant records retention and debtor statements,
regulating fees, payments and creditor consent and withdrawal, payments held in
trust, timely payment of creditors and debt management services plans
advertising, specifying registrant prohibited practices, restricting advertising
of debt management service plans, allowing debtors right to rescind, requiring
debt settlement services proof of insurance evidence, specifying minimum amount,
regulating aggregate fee charges, authorizing debtor private right of action for
violation, providing cumulative remedies and attorney general enforcement,
authorizing the commissioner to investigate registrants and providers, extending
renewal date for mortgage originators and real estate brokers and salespersons,
repealing debt prorating agency licensure regulatory provisions and certain
provisions regarding expenses of organization and incorporation of banks,
authorization of electronic financial terminals and the maintenance of a surety
bond or irrevocable letter by residential mortgage initiators
(Ch. 57, 2007)