SF 15

as introduced - 84th Legislature, 2005 1st Special Session (2005 - 2005) Posted on 12/15/2009 12:00am

A bill for an act
relating to legislative enactments; correcting
miscellaneous oversights, inconsistencies,
ambiguities, unintended results, and technical errors;
amending Minnesota Statutes 2004, sections 65A.08,
subdivision 2, as amended, if enacted; 66A.02, as
amended, if enacted; Laws 2003, First Special Session
chapter 11, article 2, section 21, as amended; Laws
2005, chapter 20, article 1, section 7, subdivision
15; Laws 2005, chapter 20, article 1, section 21,
subdivision 5.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2004, section 65A.08,
subdivision 2, as amended by 2005 S.F. No. 314, if enacted, is
amended to read:

Subd. 2.

Amount collectible.

(a) In the absence of any
change increasing the risk, without the consent of the insurer,
of which the burden of proof shall be upon it, and in the
absence of intentional fraud on the part of the insured, the
insurer shall pay the whole amount mentioned in the policy or
renewal upon which it receives a premium, in case of total loss,
and in case of partial loss, the full amount thereof.

(b) Notwithstanding paragraph (a), on a policy issued by
the Minnesota FAIR plan under section 65A.36, the Minnesota FAIR
plan may contest the whole amount set forth in the policy in the
case of a total loss. If the Minnesota FAIR plan takes the
position that the value of the property was less than the whole
amount set forth in the policy, the Minnesota FAIR plan has the
burden of proving by clear and convincing evidence that the
value was less than that set forth in the policy. new text begin If the
Minnesota FAIR plan pays less than the whole amount mentioned in
the policy for a total loss, pursuant to this paragraph, the
Minnesota FAIR plan shall refund to the insured the premium paid
attributable to the difference between the whole amount
mentioned in the policy and the amount paid for the total loss.
new text end

Sec. 2.

Minnesota Statutes 2004, section 66A.02, as
amended by 2005 S.F. No. 767, article 2, section 12, if enacted,
is amended to read:

66A.02 APPLICABILITY OF BUSINESS CORPORATION STATUTES.

Subdivision 1.

General.

Chapter 302A shall apply to
domestic mutual insurance companies except to the extent
inconsistent with any provisions in this chapter or section
60A.07, or otherwise in conflict with any provisions in chapters
60A to 79A. Provisions of chapter 302A relating to share
certificates, classes of shares, share values, or any other
provisions relevant only to stock companies do not apply to
mutual insurance companies.

Subd. 2.

Mutual holding companies.

For purposes of
sections 66A.01 to 66A.07 and 66A.21, the term "domestic mutual
insurance company" is deemed to include domestic mutual
insurance holding companies organized under section 60A.077 and
the term "member" is deemed to include members of a domestic
mutual insurance holding company as specified in section
60A.077, subdivision 1, paragraph (b). For purposes of section
60A.07, subdivisions 1, 1a, 1b, 1c, 1d, and 1e, a domestic
mutual insurance holding company is deemed to be an insurance
corporation.

Subd. 3.

Terms.

For purposes of applying chapter 302A to
domestic mutual insurance companies, members of a domestic
mutual insurance company must be treated in the same manner as
shareholders of a stock corporation, except as otherwise
provided in this chapter. Every member of the mutual insurance
company shall be deemed to hold one share of the company for
purposes of applying provisions of chapter 302A relating to
voting. Mutual insurance companies are not included in the
definitions of "closely held corporation," "publicly held
corporation," or "issuing public corporation." The term
"distribution" does not include dividends paid on participating
policies issued by the mutual insurance company or any insurance
company subsidiary in the case of a mutual insurance holding
company.

Subd. 4.

Exceptions.

The following provisions of chapter
302A do not apply to domestic mutual insurance companies:
sections 302A.011, subdivisions 2, 6, 6a, 7, 10, 20, 21, 25, 26,
27, 28, 29, 31, 32, and 37 to 59; 302A.105; 302A.137; 302A.161,
subdivision 19; 302A.201, subdivision 2; 302A.401 to 302A.429;
302A.433, subdivisions 1, paragraphs (a), (b), (c), and (e), and
2; 302A.437, subdivision 2; 302A.445, subdivisions 3 to 6;
302A.449, subdivision 7; 302A.453 to 302A.457; 302A.461;
302A.463; 302A.471 to 302A.473; 302A.553; 302A.601 to 302A.651;
302A.671 to 302A.675; 302A.681 to 302A.691; and 302A.701 to
302A.791. Those clauses of section 302A.111 that refer to any
of the sections previously referenced in this subdivision do not
apply to domestic mutual insurance companies. The following
sections of chapter 302A are modified in their application to
domestic mutual insurance companies in the manner indicated:

(1) with regard to section 302A.133, the articles may be
amended pursuant to section 302A.171 by the incorporators or by
the board before the issuance of any policies by the company;

(2) with regard to section 302A.135, subdivision 2, a
resolution proposing an amendment to the certificate of
authority must be filed with the corporate secretary no less
than 30 days before the meeting to consider the proposed
amendment;

(3) with regard to section 302A.161, subdivision 19 of that
section does not apply, except this must not be construed to
limit the power of a mutual insurance company from issuing
securities other than stock;

(4) with regard to section 302A.201, the references in
subdivision 1 of that section to "subdivision 2" and "section
302A.457" do not apply;

(5) with regard to section 302A.203, the board shall
consist of no less than five directors;

(6) with regard to section 302A.215, subdivisions 2 and 3
of that section only apply if the corporation's certificate of
incorporation provides cumulative voting;

(7) with regard to section 302A.433, subdivision 1 of that
section, special meetings of the deleted text begin shareholders deleted text end new text begin members new text end may be
called for any purpose or purposes at any time by a person or
persons authorized in the articles or bylaws to call special
meetings, and with regard to subdivision 3 of that section,
special meetings must be held on the date and at the time and
place fixed by a person or persons authorized by the articles or
bylaws to call a meeting; and

(8) with regard to section 302A.435, if the company
complies substantially and in good faith with the notice
requirements of section 302A.435, the company's failure to give
any member or members the required notice does not impair the
validity of any action taken at the members' meeting.

Sec. 3.

Laws 2003, First Special Session chapter 11,
article 2, section 21, as amended by Laws 2005, chapter 10,
article 1, section 78, is amended to read:

Sec. 21 new text begin INDEPENDENT STUDY ON INTERMITTENT RESOURCES.
new text end

The commission shall order the electric utility subject to
Minnesota Statutes, section 216B.1691, subdivision 6, to
contract with a firm selected by the commissioner of commerce
for an independent engineering study of the impacts of
increasing wind capacity on its system above the 825 megawatts
of nameplate wind energy capacity to which the utility is
already committed, to evaluate options available to manage the
intermittent nature of this renewable resource. The study shall
be completed by June 1, 2004, and incorporated into the
utility's next resource plan filing. The costs of the study,
options pursued by the utility to manage the intermittent nature
of wind energy, and the costs of complying with Minnesota
Statutes, section 216B.1691, subdivision deleted text begin 7 deleted text end new text begin 6 new text end , shall be
recoverable under Minnesota Statutes, section 216B.1645.

Sec. 4.

Laws 2005, chapter 20, article 1, section 7,
subdivision 15, is amended to read:

Subd. 15.

Trail Connections 885,000

For matching grants under Minnesota
Statutes, section 85.019, subdivision
4c.

$365,000 is to Stearns County for land
acquisition, engineering, and
construction of trail connections on
the Lake Koronis Trail. new text begin Nonstate money
previously spent for these purposes may
be used to match this appropriation.
new text end

$220,000 is for a grant to Stearns
County to link the Lake Wobegon Trail
to the Central Lakes State Trail.

$300,000 is for a grant to the St.
Louis and Lake Counties Regional
Railroad Authority to complete
constructing, furnishing, and equipping
Mesabi Station along the 132-mile
recreational trail known as Mesabi
Trail and located deleted text begin on Lake Mesabi deleted text end at the
intersection of U.S. 53 deleted text begin and U.S. 169
deleted text end and marked Trunk Highway deleted text begin 135 deleted text end new text begin 37 new text end . This
appropriation is dependent upon a
matching contribution of $800,000 from
other sources, public or private.

Sec. 5.

Laws 2005, chapter 20, article 1, section 21,
subdivision 5, is amended to read:

Subd. 5.

Willmar
Veterans Home Predesign 100,000

To predesign a veterans nursing home deleted text begin on
the deleted text end new text begin at new text end Willmar deleted text begin Regional Treatment
Center campus deleted text end , including a 60-bed
skilled nursing facility deleted text begin in the medical
treatment center annex building
(building 24) deleted text end and possibly new
construction for a veterans geriatric
behavioral program.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day
following final enactment.
new text end

Sec. 6. new text begin EFFECTIVE DATE.
new text end

new text begin Unless otherwise provided, each section of this act takes
effect at the time the provision being corrected takes effect.
new text end