1.1 	A bill for an act
1.2 	relating to legislative enactments; correcting
1.3 	miscellaneous oversights, inconsistencies,
1.4 	ambiguities, unintended results, and technical errors;
1.5 	amending Minnesota Statutes 2004, sections 65A.08,
1.6 	subdivision 2, as amended, if enacted; 66A.02, as
1.7 	amended, if enacted; Laws 2003, First Special Session
1.8 	chapter 11, article 2, section 21, as amended; Laws
1.9 	2005, chapter 20, article 1, section 7, subdivision
1.10 	15; Laws 2005, chapter 20, article 1, section 21,
1.11 	subdivision 5.
1.12 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.13 	Section 1. Minnesota Statutes 2004, section 65A.08,
1.14 	subdivision 2, as amended by 2005 S.F. No. 314, if enacted, is
1.15 	amended to read:
1.16 		Subd. 2.Amount collectible.  (a) In the absence of any
1.17 	change increasing the risk, without the consent of the insurer,
1.18 	of which the burden of proof shall be upon it, and in the
1.19 	absence of intentional fraud on the part of the insured, the
1.20 	insurer shall pay the whole amount mentioned in the policy or
1.21 	renewal upon which it receives a premium, in case of total loss,
1.22 	and in case of partial loss, the full amount thereof.
1.23 	(b) Notwithstanding paragraph (a), on a policy issued by
1.24 	the Minnesota FAIR plan under section 65A.36, the Minnesota FAIR
1.25 	plan may contest the whole amount set forth in the policy in the
1.26 	case of a total loss.  If the Minnesota FAIR plan takes the
1.27 	position that the value of the property was less than the whole
1.28 	amount set forth in the policy, the Minnesota FAIR plan has the
2.1 	burden of proving by clear and convincing evidence that the
2.2 	value was less than that set forth in the policy. If the
2.3 	Minnesota FAIR plan pays less than the whole amount mentioned in
2.4 	the policy for a total loss, pursuant to this paragraph, the
2.5 	Minnesota FAIR plan shall refund to the insured the premium paid
2.6 	attributable to the difference between the whole amount
2.7 	mentioned in the policy and the amount paid for the total loss.

2.8 	Sec. 2. Minnesota Statutes 2004, section 66A.02, as
2.9 	amended by 2005 S.F. No. 767, article 2, section 12, if enacted,
2.10 	is amended to read:
2.11 	66A.02 APPLICABILITY OF BUSINESS CORPORATION STATUTES.
2.12 		Subdivision 1.General. Chapter 302A shall apply to
2.13 	domestic mutual insurance companies except to the extent
2.14 	inconsistent with any provisions in this chapter or section
2.15 	60A.07, or otherwise in conflict with any provisions in chapters
2.16 	60A to 79A.  Provisions of chapter 302A relating to share
2.17 	certificates, classes of shares, share values, or any other
2.18 	provisions relevant only to stock companies do not apply to
2.19 	mutual insurance companies.
2.20 		Subd. 2.Mutual holding companies. For purposes of
2.21 	sections 66A.01 to 66A.07 and 66A.21, the term "domestic mutual
2.22 	insurance company" is deemed to include domestic mutual
2.23 	insurance holding companies organized under section 60A.077 and
2.24 	the term "member" is deemed to include members of a domestic
2.25 	mutual insurance holding company as specified in section
2.26 	60A.077, subdivision 1, paragraph (b).  For purposes of section
2.27 	60A.07, subdivisions 1, 1a, 1b, 1c, 1d, and 1e, a domestic
2.28 	mutual insurance holding company is deemed to be an insurance
2.29 	corporation.
2.30 		Subd. 3.Terms. For purposes of applying chapter 302A to
2.31 	domestic mutual insurance companies, members of a domestic
2.32 	mutual insurance company must be treated in the same manner as
2.33 	shareholders of a stock corporation, except as otherwise
2.34 	provided in this chapter.  Every member of the mutual insurance
2.35 	company shall be deemed to hold one share of the company for
2.36 	purposes of applying provisions of chapter 302A relating to
3.1 	voting.  Mutual insurance companies are not included in the
3.2 	definitions of "closely held corporation," "publicly held
3.3 	corporation," or "issuing public corporation."  The term
3.4 	"distribution" does not include dividends paid on participating
3.5 	policies issued by the mutual insurance company or any insurance
3.6 	company subsidiary in the case of a mutual insurance holding
3.7 	company.
3.8 		Subd. 4.Exceptions. The following provisions of chapter
3.9 	302A do not apply to domestic mutual insurance companies:
3.10 	sections 302A.011, subdivisions 2, 6, 6a, 7, 10, 20, 21, 25, 26,
3.11 	27, 28, 29, 31, 32, and 37 to 59; 302A.105; 302A.137; 302A.161,
3.12 	subdivision 19; 302A.201, subdivision 2; 302A.401 to 302A.429;
3.13 	302A.433, subdivisions 1, paragraphs (a), (b), (c), and (e), and
3.14 	2; 302A.437, subdivision 2; 302A.445, subdivisions 3 to 6;
3.15 	302A.449, subdivision 7; 302A.453 to 302A.457; 302A.461;
3.16 	302A.463; 302A.471 to 302A.473; 302A.553; 302A.601 to 302A.651;
3.17 	302A.671 to 302A.675; 302A.681 to 302A.691; and 302A.701 to
3.18 	302A.791.  Those clauses of section 302A.111 that refer to any
3.19 	of the sections previously referenced in this subdivision do not
3.20 	apply to domestic mutual insurance companies.  The following
3.21 	sections of chapter 302A are modified in their application to
3.22 	domestic mutual insurance companies in the manner indicated:
3.23 	(1) with regard to section 302A.133, the articles may be
3.24 	amended pursuant to section 302A.171 by the incorporators or by
3.25 	the board before the issuance of any policies by the company;
3.26 	(2) with regard to section 302A.135, subdivision 2, a
3.27 	resolution proposing an amendment to the certificate of
3.28 	authority must be filed with the corporate secretary no less
3.29 	than 30 days before the meeting to consider the proposed
3.30 	amendment;
3.31 	(3) with regard to section 302A.161, subdivision 19 of that
3.32 	section does not apply, except this must not be construed to
3.33 	limit the power of a mutual insurance company from issuing
3.34 	securities other than stock;
3.35 	(4) with regard to section 302A.201, the references in
3.36 	subdivision 1 of that section to "subdivision 2" and "section
4.1 	302A.457" do not apply;
4.2 	(5) with regard to section 302A.203, the board shall
4.3 	consist of no less than five directors;
4.4 	(6) with regard to section 302A.215, subdivisions 2 and 3
4.5 	of that section only apply if the corporation's certificate of
4.6 	incorporation provides cumulative voting;
4.7 	(7) with regard to section 302A.433, subdivision 1 of that
4.8 	section, special meetings of the shareholders members may be
4.9 	called for any purpose or purposes at any time by a person or
4.10 	persons authorized in the articles or bylaws to call special
4.11 	meetings, and with regard to subdivision 3 of that section,
4.12 	special meetings must be held on the date and at the time and
4.13 	place fixed by a person or persons authorized by the articles or
4.14 	bylaws to call a meeting; and
4.15 	(8) with regard to section 302A.435, if the company
4.16 	complies substantially and in good faith with the notice
4.17 	requirements of section 302A.435, the company's failure to give
4.18 	any member or members the required notice does not impair the
4.19 	validity of any action taken at the members' meeting.

4.20 	Sec. 3. Laws 2003, First Special Session chapter 11,
4.21 	article 2, section 21, as amended by Laws 2005, chapter 10,
4.22 	article 1, section 78, is amended to read:
4.23 	Sec. 21INDEPENDENT STUDY ON INTERMITTENT RESOURCES.
 4.24 	The commission shall order the electric utility subject to
4.25 	Minnesota Statutes, section 216B.1691, subdivision 6, to
4.26 	contract with a firm selected by the commissioner of commerce
4.27 	for an independent engineering study of the impacts of
4.28 	increasing wind capacity on its system above the 825 megawatts
4.29 	of nameplate wind energy capacity to which the utility is
4.30 	already committed, to evaluate options available to manage the
4.31 	intermittent nature of this renewable resource.  The study shall
4.32 	be completed by June 1, 2004, and incorporated into the
4.33 	utility's next resource plan filing.  The costs of the study,
4.34 	options pursued by the utility to manage the intermittent nature
4.35 	of wind energy, and the costs of complying with Minnesota
4.36 	Statutes, section 216B.1691, subdivision 7 6, shall be
5.1 	recoverable under Minnesota Statutes, section 216B.1645.

5.2 	Sec. 4. Laws 2005, chapter 20, article 1, section 7,
5.3 	subdivision 15, is amended to read:
5.4 		Subd. 15.Trail Connections                            885,000
5.5 	For matching grants under Minnesota
5.6 	Statutes, section 85.019, subdivision
5.7 	4c.
5.8 	$365,000 is to Stearns County for land
5.9 	acquisition, engineering, and
5.10 	construction of trail connections on
5.11 	the Lake Koronis Trail. Nonstate money
5.12 	previously spent for these purposes may
5.13 	be used to match this appropriation.
5.14 	$220,000 is for a grant to Stearns
5.15 	County to link the Lake Wobegon Trail
5.16 	to the Central Lakes State Trail.
5.17 	$300,000 is for a grant to the St.
5.18 	Louis and Lake Counties Regional
5.19 	Railroad Authority to complete
5.20 	constructing, furnishing, and equipping
5.21 	Mesabi Station along the 132-mile
5.22 	recreational trail known as Mesabi
5.23 	Trail and located on Lake Mesabi at the
5.24 	intersection of U.S. 53 and U.S. 169 
5.25 	and marked Trunk Highway 135 37.  This
5.26 	appropriation is dependent upon a
5.27 	matching contribution of $800,000 from
5.28 	other sources, public or private.

5.29 	Sec. 5. Laws 2005, chapter 20, article 1, section 21,
5.30 	subdivision 5, is amended to read:
5.31 		Subd. 5.Willmar
5.32 	Veterans Home Predesign                                 100,000
5.33 	To predesign a veterans nursing home on
5.34 	the at Willmar Regional Treatment
5.35 	Center campus, including a 60-bed
5.36 	skilled nursing facility in the medical
5.37 	treatment center annex building
5.38 	(building 24) and possibly new
5.39 	construction for a veterans geriatric
5.40 	behavioral program.
5.41 	
EFFECTIVE DATE. This section is effective the day
5.42 	following final enactment.

5.43 	Sec. 6. EFFECTIVE DATE.
 5.44 	Unless otherwise provided, each section of this act takes
5.45 	effect at the time the provision being corrected takes effect.