1.1.................... moves to amend H.F. No. 549 as follows:
1.2Page 1, before line 8 insert:

1.3    "Section 1. Minnesota Statutes 2008, section 45.011, subdivision 1, is amended to read:
1.4    Subdivision 1. Scope. As used in chapters 45 to 83, 155A, 332, 332A, 332B,
1.5345, and 359, and sections 325D.30 to 325D.42, 326B.802 to 326B.885, and 386.61 to
1.6386.78 , unless the context indicates otherwise, the terms defined in this section have
1.7the meanings given them.

1.8    Sec. 2. Minnesota Statutes 2008, section 46.04, subdivision 1, is amended to read:
1.9    Subdivision 1. General. The commissioner of commerce, referred to in chapters 46
1.10to 59A, and chapter chapters 332A and 332B, as the commissioner, is vested with all the
1.11powers, authority, and privileges which, prior to the enactment of Laws 1909, chapter 201,
1.12were conferred by law upon the public examiner, and shall take over all duties in relation
1.13to state banks, savings banks, trust companies, savings associations, and other financial
1.14institutions within the state which, prior to the enactment of chapter 201, were imposed
1.15upon the public examiner. The commissioner of commerce shall exercise a constant
1.16supervision, either personally or through the examiners herein provided for, over the
1.17books and affairs of all state banks, savings banks, trust companies, savings associations,
1.18credit unions, industrial loan and thrift companies, and other financial institutions doing
1.19business within this state; and shall, through examiners, examine each financial institution
1.20at least once every 24 calendar months. In satisfying this examination requirement, the
1.21commissioner may accept reports of examination prepared by a federal agency having
1.22comparable supervisory powers and examination procedures. With the exception of
1.23industrial loan and thrift companies which do not have deposit liabilities and licensed
1.24regulated lenders, it shall be the principal purpose of these examinations to inspect and
1.25verify the assets and liabilities of each and so far investigate the character and value of
1.26the assets of each institution as to determine with reasonable certainty that the values are
2.1correctly carried on its books. Assets and liabilities shall be verified in accordance with
2.2methods of procedure which the commissioner may determine to be adequate to carry out
2.3the intentions of this section. It shall be the further purpose of these examinations to
2.4assess the adequacy of capital protection and the capacity of the institution to meet usual
2.5and reasonably anticipated deposit withdrawals and other cash commitments without
2.6resorting to excessive borrowing or sale of assets at a significant loss, and to investigate
2.7each institution's compliance with applicable laws and rules. Based on the examination
2.8findings, the commissioner shall make a determination as to whether the institution
2.9is being operated in a safe and sound manner. None of the above provisions limits the
2.10commissioner in making additional examinations as deemed necessary or advisable. The
2.11commissioner shall investigate the methods of operation and conduct of these institutions
2.12and their systems of accounting, to ascertain whether these methods and systems are
2.13in accordance with law and sound banking principles. The commissioner may make
2.14requirements as to records as deemed necessary to facilitate the carrying out of the
2.15commissioner's duties and to properly protect the public interest. The commissioner may
2.16examine, or cause to be examined by these examiners, on oath, any officer, director,
2.17trustee, owner, agent, clerk, customer, or depositor of any financial institution touching
2.18the affairs and business thereof, and may issue, or cause to be issued by the examiners,
2.19subpoenas, and administer, or cause to be administered by the examiners, oaths. In
2.20case of any refusal to obey any subpoena issued under the commissioner's direction,
2.21the refusal may at once be reported to the district court of the district in which the bank
2.22or other financial institution is located, and this court shall enforce obedience to these
2.23subpoenas in the manner provided by law for enforcing obedience to subpoenas of the
2.24court. In all matters relating to official duties, the commissioner of commerce has the
2.25power possessed by courts of law to issue subpoenas and cause them to be served and
2.26enforced, and all officers, directors, trustees, and employees of state banks, savings banks,
2.27trust companies, savings associations, and other financial institutions within the state,
2.28and all persons having dealings with or knowledge of the affairs or methods of these
2.29institutions, shall afford reasonable facilities for these examinations, make returns and
2.30reports to the commissioner of commerce as the commissioner may require; attend and
2.31answer, under oath, the commissioner's lawful inquiries; produce and exhibit any books,
2.32accounts, documents, and property as the commissioner may desire to inspect, and in all
2.33things aid the commissioner in the performance of duties.

2.34    Sec. 3. Minnesota Statutes 2008, section 46.05, is amended to read:
3.1    Every state bank, savings bank, trust company, savings association, debt management
3.2services provider, debt settlement services provider, and other financial institutions shall
3.3be at all times under the supervision and subject to the control of the commissioner
3.4of commerce. If, and whenever in the performance of duties, the commissioner finds
3.5it necessary to make a special investigation of any financial institution under the
3.6commissioner's supervision, and other than a complete examination, the commissioner
3.7shall make a charge therefor to include only the necessary costs thereof. Such a fee shall
3.8be payable to the commissioner on the commissioner's making a request for payment.

3.9    Sec. 4. Minnesota Statutes 2008, section 46.131, subdivision 2, is amended to read:
3.10    Subd. 2. Assessment authority. Each bank, trust company, savings bank, savings
3.11association, regulated lender, industrial loan and thrift company, credit union, motor
3.12vehicle sales finance company, debt management services provider, debt settlement
3.13services provider, and insurance premium finance company organized under the laws of
3.14this state or required to be administered by the commissioner of commerce shall pay
3.15into the state treasury its proportionate share of the cost of maintaining the Department
3.16of Commerce.

3.17    Sec. 5. Minnesota Statutes 2008, section 325E.311, subdivision 6, is amended to read:
3.18    Subd. 6. Telephone solicitation. "Telephone solicitation" means any voice
3.19communication over a telephone line for the purpose of encouraging the purchase or
3.20rental of, or investment in, property, goods, or services, whether the communication is
3.21made by a live operator, through the use of an automatic dialing-announcing device as
3.22defined in section 325E.26, subdivision 2, or by other means. Telephone solicitation
3.23does not include communications:
3.24    (1) to any residential subscriber with that subscriber's prior express invitation or
3.25permission; or
3.26    (2) by or on behalf of any person or entity with whom a residential subscriber has a
3.27prior or current business or personal relationship.
3.28Telephone solicitation also does not include communications if the caller is identified by a
3.29caller identification service and the call is:
3.30    (i) by or on behalf of an organization that is identified as a nonprofit organization
3.31under state or federal law, unless the organization is a debt management services provider
3.32defined in section 332A.02 or a debt settlement services provider defined in section
3.34    (ii) by a person soliciting without the intent to complete, and who does not in
3.35fact complete, the sales presentation during the call, but who will complete the sales
4.1presentation at a later face-to-face meeting between the solicitor who makes the call
4.2and the prospective purchaser; or
4.3    (iii) by a political party as defined under section 200.02, subdivision 6."
4.4Page 2, line 7, strike ", provided no fee is charged for the service"
4.5Page 2, line 15, strike "credit unions and" and strike "no fee is charged for the
4.6service" and insert "that the services are provided to a creditor"
4.7Page 2, line 29, strike "and"
4.8Page 2, line 30, strike the period and insert "; and"
4.9Page 2, after line 30 insert:
4.10"(12) credit unions."
4.11Page 19, delete lines 26 to 28
4.12Renumber the sections in sequence and correct the internal references
4.13Amend the title accordingly