SF 3396

1st Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to legislative enactments; correcting 
  1.3             miscellaneous noncontroversial oversights, 
  1.4             inconsistencies, ambiguities, unintended results, and 
  1.5             technical errors; amending Minnesota Statutes 1996, 
  1.6             sections 62A.65, subdivision 5, as amended; 115C.08, 
  1.7             subdivision 3; and 120.1701, subdivision 17, as 
  1.8             amended; Minnesota Statutes 1997 Supplement, sections 
  1.9             241.015, as amended; 268.07, subdivision 2, as 
  1.10            amended; Laws 1998, chapter 262, section 13, by adding 
  1.11            a subdivision; Laws 1998, chapter 293, section 3; Laws 
  1.12            1998, chapter 299, section 15, subdivision 1; Laws 
  1.13            1998, chapter 319, section 2, subdivisions 2 and 7; 
  1.14            Laws 1998, chapter 367, article 2, section 30, 
  1.15            subdivision 3; article 2, section 31; article 2, 
  1.16            section 34; article 7, section 15; article 11, section 
  1.17            27; House File 3840, article 8, section 44, 
  1.18            subdivisions 1, 2, and 7; article 9, section 2, 
  1.19            subdivision 2; article 11, section 23; Senate File 
  1.20            161, article 1, section 3; Senate File 3298, article 
  1.21            1, section 2; Senate File 3345, article 9, section 25; 
  1.22            Senate File 3346, article 8, section 15; Senate File 
  1.23            3354, section 32; proposing coding for new law in 
  1.24            Minnesota Statutes, chapter 241. 
  1.25  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.26     Section 1.  Minnesota Statutes 1996, section 115C.08, 
  1.27  subdivision 3, is amended to read: 
  1.28     Subd. 3.  [PETROLEUM TANK RELEASE CLEANUP FEE.] A petroleum 
  1.29  tank release cleanup fee is imposed on the use of tanks that 
  1.30  contain petroleum products defined in section 296.01.  On 
  1.31  products other than gasoline, the fee must be paid in the manner 
  1.32  provided in section 296.141 by the first licensed distributor 
  1.33  receiving the product in Minnesota, as defined in section 
  1.34  296.01.  When the product is gasoline, the distributor 
  1.35  responsible for payment of the gasoline tax is also responsible 
  2.1   for payment of the petroleum tank cleanup fee.  The fee must be 
  2.2   imposed as required under subdivision 3 2, at a rate of $20 per 
  2.3   1,000 gallons of petroleum products, rounded to the nearest 
  2.4   1,000 gallons.  A distributor who fails to pay the fee imposed 
  2.5   under this section is subject to the penalties provided in 
  2.6   section 296.15. 
  2.7      Sec. 2.  [CORRECTION 1.] Laws 1998, chapter 262, section 
  2.8   13, is amended by adding a subdivision to read: 
  2.9      Subd. 1a.  [SECTION 9.] Section 9 is effective August 1, 
  2.10  1998, and applies to the estate of a person dying on or after 
  2.11  that date. 
  2.12     Sec. 3.  [CORRECTION 2.] Minnesota Statutes 1997 
  2.13  Supplement, section 268.07, subdivision 2, as amended by Laws 
  2.14  1998, chapter 265, section 23, is amended to read: 
  2.15     Subd. 2.  [WEEKLY BENEFIT AMOUNT AND MAXIMUM AMOUNT OF 
  2.16  BENEFITS.] (a) To establish a reemployment insurance account, a 
  2.17  claimant must have: 
  2.18     (1) wage credits in two or more calendar quarters of the 
  2.19  claimant's base period; 
  2.20     (2) minimum total wage credits equal to or greater than the 
  2.21  high quarter wage credits multiplied by 1.25; 
  2.22     (3) high quarter wage credits of not less than $1,000.  
  2.23     (b) If the commissioner finds that a claimant has 
  2.24  established a reemployment insurance account, the weekly benefit 
  2.25  amount payable during the claimant's benefit year shall be the 
  2.26  higher of: 
  2.27     (1) 50 percent of the claimant's average weekly wage during 
  2.28  the claimant's base period, to a maximum of 66-2/3 percent of 
  2.29  the state's average weekly wage; or 
  2.30     (2) 50 percent of the claimant's average weekly wage during 
  2.31  the high quarter, to a maximum of the higher of $331 or 50 
  2.32  percent of the state's average weekly wage, or $331, whichever 
  2.33  is higher. 
  2.34     The claimant's average weekly wage under clause (1) shall 
  2.35  be computed by dividing the claimant's total wage credits by 
  2.36  52.  The claimant's average weekly wage under clause (2) shall 
  3.1   be computed by dividing the claimant's high quarter wage credits 
  3.2   by 13.  
  3.3      (c) The state's maximum weekly benefit amount and the 
  3.4   claimant's weekly benefit amount shall be computed to the 
  3.5   nearest whole dollar.  
  3.6      (d) The maximum amount of benefits payable on any 
  3.7   reemployment insurance account shall equal one-third of the 
  3.8   claimant's total wage credits rounded to the next lower dollar, 
  3.9   not to exceed 26 times the claimant's weekly benefit amount. 
  3.10     Sec. 4.  [CORRECTION 4.] Laws 1998, chapter 319, section 2, 
  3.11  subdivision 2, is amended to read: 
  3.12     Subd. 2.  [OTHER INSURERS.] In order to be eligible to be 
  3.13  governed by sections 60L.01 to 60L.15, an insurer other than a 
  3.14  life insurer must meet the following requirements: 
  3.15     (a) For each calendar year during which sections 60L.01 to 
  3.16  60L.15 apply to the insurer, the insurer shall have had, as of 
  3.17  the end of the immediately preceding calendar year: 
  3.18     (1) total admitted assets of at least $2,000,000,000; and 
  3.19     (2) a total amount of capital plus surplus of at least 
  3.20  $200,000,000. 
  3.21     (b) For each calendar year during which sections 60L.01 to 
  3.22  60L.15 apply to the insurer, the insurer shall have had, as of 
  3.23  the end of the immediately preceding calendar year, total 
  3.24  adjusted capital equal to or greater than company action level 
  3.25  risk-based capital, as defined in section 60A.60, subdivision 
  3.26  11.  For purposes of this subdivision, "total adjusted capital" 
  3.27  means total adjusted capital as defined in section 60A.60, 
  3.28  subdivision 14, adjusted to deduct the value of capital notes 
  3.29  and surplus notes as provided in the risk-based instructions as 
  3.30  defined in section 60A.60, subdivision 10. 
  3.31     (c) For each calendar year during which sections 60L.01 to 
  3.32  60L.15 apply to the insurer, the mean of the ratio, calculated 
  3.33  as of the end of each of the five immediately preceding calendar 
  3.34  years, of total adjusted capital to company action level 
  3.35  risk-based capital, as defined in section 60A.60, subdivision 
  3.36  11, must equal at least 1.0. 
  4.1      (d) An insurer is considered to have met the requirements 
  4.2   of this subdivision and subdivision 3 if the insurer 
  4.3   participates in a 100 percent reinsurance pooling agreement 
  4.4   which substantially affects the solvency and integrity of its 
  4.5   reserves and cedes all of its direct and assumed business to the 
  4.6   pool, and where the insurer with the largest share of pooled 
  4.7   business subject to the agreement meets the requirements of this 
  4.8   subdivision and subdivision 3. 
  4.9      Sec. 5.  [CORRECTION 4A.] Laws 1998, chapter 319, section 
  4.10  2, subdivision 7, is amended to read: 
  4.11     Subd. 7.  [TERMINATION.] (a) After sections 60L.01 to 
  4.12  60L.15 begin to govern an insurer, sections 60L.01 to 60L.15 
  4.13  apply to the insurer unless: 
  4.14     (1) the insurer has ceased to comply with the requirements 
  4.15  of: 
  4.16     (i) subdivision 1, if the insurer is a life insurer, or; 
  4.17     (ii) subdivision 2, if the insurer is other than a life 
  4.18  insurer, and with the requirements of; or 
  4.19     (iii) subdivision 3 
  4.20  and the insurer has failed to bring itself back into compliance 
  4.21  with the requirements of the applicable subdivisions within 30 
  4.22  days of ceasing to comply; or 
  4.23     (2) the commissioner has issued an order under section 
  4.24  60L.14, subdivision 2, that sections 60L.01 to 60L.15 no longer 
  4.25  govern the insurer, regardless of whether the insurer is 
  4.26  contesting the order; or 
  4.27     (3) all of the following conditions have been met:  
  4.28     (i) the insurer's board of directors has adopted a 
  4.29  resolution electing that sections 60L.01 to 60L.15 no longer 
  4.30  apply to its investments and investment practices; 
  4.31     (ii) the insurer has notified the commissioner in writing 
  4.32  of its intention that sections 60L.01 to 60L.15 no longer apply 
  4.33  to the insurer's investments and investment practices; and 
  4.34     (iii) during the period ending 30 days after the receipt by 
  4.35  the commissioner of the written notice, the commissioner has not 
  4.36  issued an order under section 60L.14 prohibiting the insurer 
  5.1   from ceasing to comply with sections 60L.01 to 60L.15. 
  5.2      (b) An insurer may not elect more than once in a 12-month 
  5.3   period that sections 60L.01 to 60L.15 do not apply to the 
  5.4   insurer's investments and investment practices. 
  5.5      (c) An investment which is held as an admitted asset by an 
  5.6   insurer on the date on which sections 60L.01 to 60L.15 cease to 
  5.7   govern the insurer and which qualified as an admitted asset 
  5.8   immediately before the date remains qualified as an admitted 
  5.9   asset of the insurer. 
  5.10     (d) If sufficient voting securities of the insurer or an 
  5.11  affiliate are acquired to require a filing under section 60D.17, 
  5.12  sections 60L.01 to 60L.15 cease to apply to the insurer 30 days 
  5.13  following the completion of the acquisition of voting 
  5.14  securities.  If the board of directors of the insurer desires 
  5.15  the insurer to continue to be governed by sections 60L.01 to 
  5.16  60L.15, it shall comply with the requirements of subdivision 4 
  5.17  and shall notify the commissioner as required under and subject 
  5.18  to subdivision 5.  If the notification is received within 30 
  5.19  days of the completion of the acquisition, the insurer is 
  5.20  governed by sections 60L.01 to 60L.15 during the time period 
  5.21  allowed for the commissioner's disapproval. 
  5.22     (e) When sections 60L.01 to 60L.15 cease to govern an 
  5.23  insurer, then, in the case of a life insurer, sections 61A.28; 
  5.24  61A.282, subdivision 2; 61A.283; 61A.29; 61A.31; and 61A.315, 
  5.25  and, in the case of an insurer other than a life insurer, 
  5.26  section 60A.11, apply to the insurer. 
  5.27     Sec. 6.  [CORRECTION 5.] Laws 1998, chapter 293, section 3, 
  5.28  is amended to read: 
  5.29     Sec. 3.  [EFFECTIVE DATE.] 
  5.30     Section 1 is effective for policies issued or renewed on or 
  5.31  after January 1, 1999.  Section 2 is effective the day following 
  5.32  final enactment. 
  5.33     Sec. 7.  [CORRECTION 6.] 1998 S.F. No. 3345, article 9, 
  5.34  section 25, if enacted, is amended to read: 
  5.35     Sec. 25.  [EFFECTIVE DATE.] 
  5.36     Sections 1 to 3, 6 to 8, 12, and 18 are effective the day 
  6.1   following final enactment.  Sections 11 and 17 are effective 
  6.2   January 1, 1999.  Sections 13 to 15, 21, and 24 are effective 
  6.3   July 1, 1999. 
  6.4      Sec. 8.  [CORRECTION 7.] 1998 S.F. No. 3354, section 32, if 
  6.5   enacted, is amended to read: 
  6.6      Sec. 32.  [16D.045] [STAFF.] 
  6.7      Any If there is an increase in the complement of collectors 
  6.8   hired employed by the commissioner of revenue after June 30, 
  6.9   1998, to work for the Minnesota collection enterprise above the 
  6.10  complement employed on June 30, 1998, the new complement of 
  6.11  collectors must be located in the Ely office. 
  6.12     Sec. 9.  [CORRECTION 8.] 1998 S.F. No. 3298, article 1, 
  6.13  section 2, is amended to read: 
  6.14  Sec. 2.  DEPARTMENT OF PUBLIC
  6.15  SAFETY                            $      200,000 $    4,170,000 
  6.16                Summary by Fund
  6.17  General                 -0-           294,000
  6.18  Trunk Highway           200,000     3,826,000
  6.19  Highway User Tax 
  6.20  Distribution Fund       -0-            50,000 
  6.21  (a) State Patrol
  6.22                Summary by Fund
  6.23  General                 -0-           294,000
  6.24  Trunk Highway           -0-         3,591,000
  6.25  Highway User Tax
  6.26  Distribution Fund       -0-            50,000 
  6.27  These appropriations are added to the 
  6.28  appropriation in Laws 1997, chapter 
  6.29  159, article 1, section 4, subdivision 
  6.30  3. 
  6.31  $50,000 from the highway user tax 
  6.32  distribution fund is for the vehicle 
  6.33  registration and insurance study. 
  6.34  $294,000 from the general fund for 
  6.35  fiscal year 1999 is for additional 
  6.36  capitol complex security staff. 
  6.37  $200,000 from the trunk highway fund 
  6.38  for fiscal year 1998 1999 is for 
  6.39  additional state patrol flight time to 
  6.40  enhance law enforcement efforts through 
  6.41  airborne enforcement. 
  6.42  $2,697,000 from the trunk highway fund 
  6.43  for fiscal year 1999 is for 29 
  6.44  additional state troopers and related 
  7.1   support staff. 
  7.2   $694,000 from the trunk highway fund 
  7.3   for fiscal year 1999 is for replacement 
  7.4   and maintenance of state patrol 
  7.5   communications equipment. 
  7.6   (b) Driver and Vehicle Services
  7.7          200,000        235,000 
  7.8   $200,000 for fiscal year 1998 and 
  7.9   $235,000 for fiscal year 1999 are added 
  7.10  to the appropriations in Laws 1997, 
  7.11  chapter 159, article 1, section 4, 
  7.12  subdivision 4, for driver's license and 
  7.13  identification card cost increases.  
  7.14  This appropriation is from the trunk 
  7.15  highway fund. 
  7.16     Sec. 10.  [CORRECTION 9.] Laws 1998, chapter 299, section 
  7.17  15, subdivision 1, is amended to read: 
  7.18     Subdivision 1.  [MONTHLY GASOLINE REPORTS; SHRINKAGE 
  7.19  ALLOWANCE.] (a) Except as provided in paragraph (e), on or 
  7.20  before the 23rd day of each month, every person who is required 
  7.21  to pay a gasoline tax shall file with the commissioner a report, 
  7.22  in the form and manner prescribed by the commissioner, showing 
  7.23  the number of gallons of petroleum products received by the 
  7.24  reporter during the preceding calendar month, and other 
  7.25  information the commissioner may require.  A written report is 
  7.26  deemed to have been filed as required in this subdivision if 
  7.27  postmarked on or before the 23rd day of the month in which the 
  7.28  tax is payable. 
  7.29     (b) The number of gallons of gasoline must be reported in 
  7.30  United States standard liquid gallons, 231 cubic inches, except 
  7.31  that the commissioner may upon written application and for cause 
  7.32  shown permit the distributor to report the number of gallons of 
  7.33  gasoline as corrected to a temperature of 60-degrees 
  7.34  Fahrenheit.  If the application is granted, all gasoline covered 
  7.35  in the application and allowed by the commissioner must continue 
  7.36  to be reported by the distributor on the adjusted basis for a 
  7.37  period of one year from the date of the granting of the 
  7.38  application.  The number of gallons of petroleum products other 
  7.39  than gasoline must be reported as originally invoiced.  Each 
  7.40  report must show separately the number of gallons of aviation 
  7.41  gasoline received by the reporter during each calendar month. 
  8.1      (c) Each report must also include the amount of gasoline 
  8.2   tax on gasoline received by the reporter during the preceding 
  8.3   month.  In computing the tax a deduction of three percent of the 
  8.4   quantity of gasoline received by a distributor shall be made for 
  8.5   evaporation and loss.  At the time of reporting, the reporter 
  8.6   shall submit satisfactory evidence that one-third of the three 
  8.7   percent deduction has been credited or paid to dealers on 
  8.8   quantities sold to them. 
  8.9      (d) Each report shall contain a confession of judgment for 
  8.10  the amount of the tax shown due to the extent not timely paid. 
  8.11     (e) Under certain circumstances and with the approval of 
  8.12  the commissioner, taxpayers may be allowed to file reports 
  8.13  annually. 
  8.14     Sec. 11.  [CORRECTION 10.] Laws 1998, chapter 367, article 
  8.15  7, section 15, is amended to read: 
  8.16     Sec. 15.  [REPEALER.] 
  8.17     Minnesota Statutes 1996, section 401.02, subdivision 4; and 
  8.18  Minnesota Statutes 1997 Supplement, section 244.19, subdivision 
  8.19  3a 4, are repealed. 
  8.20     Sec. 12.  [CORRECTION 10A.] Laws 1998, chapter 367, article 
  8.21  11, section 27, is amended to read: 
  8.22     Sec. 27.  [REPEALER.] 
  8.23     Minnesota Statutes 1996, sections section 299M.05; and 
  8.24  299M.11, subdivision 3, are, is repealed. 
  8.25     Sec. 13.  [CORRECTION 11.] Minnesota Statutes 1997 
  8.26  Supplement, section 241.015, as amended by Laws 1998, chapter 
  8.27  367, article 9, section 4, is amended to read: 
  8.28     241.015 [ANNUAL PERFORMANCE REPORTS REQUIRED.] 
  8.29     Subdivision 1.  [ANNUAL REPORT.] Notwithstanding section 
  8.30  15.91, the department of corrections must issue a performance 
  8.31  report by November 30 of each year.  The issuance and content of 
  8.32  the report must conform with section 15.91. 
  8.33     Subd. 2.  [RECIDIVISM ANALYSIS.] The report required by 
  8.34  subdivision 1 must include an evaluation and analysis of the 
  8.35  programming in all department of corrections facilities.  This 
  8.36  evaluation and analysis must include: 
  9.1      (1) a description of the vocational, work, and industries 
  9.2   programs and information on the recidivism rates for offenders 
  9.3   who participated in these types of programming; 
  9.4      (2) a description of the educational programs and 
  9.5   information on the recidivism rates for offenders who 
  9.6   participated in educational programming; and 
  9.7      (3) a description of the chemical dependency, sex offender, 
  9.8   and mental health treatment programs and information on the 
  9.9   recidivism rates for offenders who participated in these 
  9.10  treatment programs. 
  9.11     The analysis of recidivism rates must include a breakdown 
  9.12  of recidivism rates for juvenile offenders, adult male 
  9.13  offenders, and adult female offenders. 
  9.14     Sec. 14.  [CORRECTION 11A.] Subdivision 1.  [241.016] 
  9.15  [AGENCY PERFORMANCE REPORTING; RECIDIVISM ANALYSIS.] 
  9.16     The report required by section 15.91 must include an 
  9.17  evaluation and analysis of the programming in all department of 
  9.18  corrections facilities.  This evaluation and analysis must 
  9.19  include: 
  9.20     (1) a description of the vocational, work, and industries 
  9.21  programs and information on the recidivism rates for offenders 
  9.22  who participated in these types of programming; 
  9.23     (2) a description of the educational programs and 
  9.24  information on the recidivism rates for offenders who 
  9.25  participated in educational programming; and 
  9.26     (3) a description of the chemical dependency, sex offender, 
  9.27  and mental health treatment programs and information on the 
  9.28  recidivism rates for offenders who participated in these 
  9.29  treatment programs. 
  9.30     The analysis of recidivism rates must include a breakdown 
  9.31  of recidivism rates for juvenile offenders, adult male 
  9.32  offenders, and adult female offenders. 
  9.33     Subd. 2.  [EFFECTIVE DATE.] Subdivision 1 is effective July 
  9.34  1, 1998. 
  9.35     Sec. 15.  [CORRECTION 12.] Laws 1998, chapter 367, article 
  9.36  2, section 30, subdivision 3, is amended to read: 
 10.1      Subd. 3.  [LEGISLATIVE REPORT.] The prosecuting authorities 
 10.2   specified in subdivision 2 shall cooperate in compiling a report 
 10.3   containing the information required to be collected under 
 10.4   subdivision 2 and shall submit the report by December 15, 1998, 
 10.5   to the chairs and ranking minority members of the senate crime 
 10.6   prevention committee and the house judiciary committee. 
 10.7      Sec. 16.  [CORRECTION 12A.] Laws 1998, chapter 367, article 
 10.8   2, section 31, is amended to read: 
 10.9      Sec. 31.  [PENALTY ASSESSMENTS FOR PROSTITUTION CRIMES; 
 10.10  REPORT.] 
 10.11     (a) On or before December 15, 1998, the commissioner of 
 10.12  corrections shall submit a report to the chairs and ranking 
 10.13  minority members of the senate crime prevention committee and 
 10.14  the house judiciary committee concerning the use of money 
 10.15  appropriated to the commissioner from the penalty assessment 
 10.16  authorized by Minnesota Statutes, section 609.3241.  The report 
 10.17  shall provide information on the amount of money appropriated to 
 10.18  the commissioner from this source since fiscal year 1995, and 
 10.19  the ways in which the money has been used to assist individuals 
 10.20  who have stopped or wished to stop engaging in prostitution. 
 10.21     (b) On or before December 15, 1998, the supreme court is 
 10.22  requested to report to the chairs and ranking minority members 
 10.23  of the senate crime prevention committee and the house judiciary 
 10.24  committee concerning the use of money collected since fiscal 
 10.25  year 1995 from penalty assessments under Minnesota Statutes, 
 10.26  section 609.3241, and used for the purposes described in 
 10.27  Minnesota Statutes, section 626.558, subdivision 2. 
 10.28     Sec. 17.  [CORRECTION 12B.] Laws 1998, chapter 367, article 
 10.29  2, section 34, is amended to read: 
 10.30     Sec. 34.  [EFFECTIVE DATE.] 
 10.31     Sections 4 and 22 are effective January 1, 1999, and apply 
 10.32  to crimes committed on or after that date.  Section 9 is 
 10.33  effective June 1, 1998, and applies to crimes committed on or 
 10.34  after that date.  Section 27 is effective the day following 
 10.35  final enactment.  Section 29 applies to the city of Minneapolis 
 10.36  upon its acceptance by the Minneapolis city council pursuant to 
 11.1   Minnesota Statutes, section 645.021, and applies to Hennepin 
 11.2   county upon its acceptance by the Hennepin county board pursuant 
 11.3   to Minnesota Statutes, section 645.021.  Sections 1 to 3, 5 to 
 11.4   8, 10 to 21, 23, 24, 26, 32, and 33 are effective August 1, 
 11.5   1998, and apply to crimes committed on or after that date. 
 11.6      Sec. 18.  [CORRECTION 13.] 1998 H.F. No. 3840, article 8, 
 11.7   section 44, subdivision 1, if enacted, is amended to read: 
 11.8      Subdivision 1.  [SALES AND USE TAX AUTHORIZED.] 
 11.9   Notwithstanding Minnesota Statutes, section 477A.016, or any 
 11.10  other provision of law, ordinance, or city charter, the cities 
 11.11  of St. Cloud, Sauk Rapids, Sartell, Waite Park, and St. Joseph 
 11.12  may impose by ordinance a sales and use tax of up to one-half of 
 11.13  one percent for the purposes specified in subdivision 3 5.  This 
 11.14  tax, and the taxes described in subdivisions 2 to 4, may be 
 11.15  imposed in any of these cities only if approved by the voters of 
 11.16  the city at a general election held within one year of the date 
 11.17  of final enactment of this act, or at an election held on the 
 11.18  first Tuesday in November of 1999.  The provisions of Minnesota 
 11.19  Statutes, section 297A.48, govern the imposition, 
 11.20  administration, collection, and enforcement of the taxes 
 11.21  authorized under this subdivision. 
 11.22     Sec. 19.  [CORRECTION 13A.] 1998 H.F. No. 3840, article 8, 
 11.23  section 44, subdivision 2, if enacted, is amended to read: 
 11.24     Subd. 2.  [EXCISE TAX AUTHORIZED.] Notwithstanding 
 11.25  Minnesota Statutes, section 477A.016, or any other provision of 
 11.26  law, ordinance, or city charter, the cities identified in 
 11.27  subdivision 1 may impose by ordinance, for the purposes 
 11.28  specified in subdivision 3 5, an excise tax of up to $20 per 
 11.29  motor vehicle acquired from any person engaged within the city 
 11.30  in the business of selling motor vehicles at retail. 
 11.31     Sec.  20.  [CORRECTION 13B.] 1998 H.F. No. 3840, article 8, 
 11.32  section 44, subdivision 7, if enacted, is amended to read: 
 11.33     Subd. 7.  [TERMINATION OF TAXES.] The taxes imposed by each 
 11.34  city under subdivisions 1 to 4 expire when sufficient funds have 
 11.35  been received from the taxes to finance the obligations under 
 11.36  subdivision 3 subdivisions 5, paragraph (a), and 6, and to 
 12.1   prepay or retire at maturity the principal, interest, and 
 12.2   premium due on the original bonds issued for the initial 
 12.3   acquisition, construction, and improvement of the Central 
 12.4   Minnesota Events Center as determined under an applicable joint 
 12.5   powers agreement or by a governing entity in charge of 
 12.6   administering the project.  Any funds remaining after completion 
 12.7   of the project and retirement or redemption of the bonds may be 
 12.8   placed in the general funds of the cities imposing the taxes.  
 12.9   The taxes imposed by a city under this section may expire at an 
 12.10  earlier time by city ordinance, if authorized under the 
 12.11  applicable joint powers agreement or by the governing entity in 
 12.12  charge of administering the project. 
 12.13     If the cities that pass a referendum required under 
 12.14  subdivision 6 determine that the revenues raised from the sum of 
 12.15  all the taxes authorized by referendum under this subdivision 
 12.16  will not be sufficient to fund the project in subdivision 5, 
 12.17  none of the authorized taxes may be imposed. 
 12.18     Sec. 21.  [CORRECTION 14.] 1998 H. F. No. 3840, article 11, 
 12.19  section 23, if enacted, is amended to read: 
 12.20     Sec. 23.  [GARRISON; TAX INCREMENT FINANCING.] 
 12.21     The reduction in state aid under Minnesota Statutes, 
 12.22  section 273.1399, for the city of Garrison as a result of tax 
 12.23  increment financing district number 1 does not apply for aids 
 12.24  paid in fiscal years 1999 and 2000.  The aid reduction for 
 12.25  fiscal years 1999 and 2000 must be deducted from aid payable to 
 12.26  the city in the year or years after the remainder of the aid 
 12.27  reduction for tax increment financing district number 1 has been 
 12.28  made. 
 12.29     Sec. 22.  [CORRECTION 15.] 1998 H. F. No. 3840, article 9, 
 12.30  section 2, subdivision 2, if enacted, is amended to read: 
 12.31     Subd. 2.  [PRIORITIES.] If on the basis of a forecast of 
 12.32  general fund revenues and expenditures after November 1 in 1998, 
 12.33  the commissioner of finance determines that there will be a 
 12.34  positive unrestricted budgetary general fund balance at the 
 12.35  close of the biennium, the commissioner of finance must allocate 
 12.36  money as follows: 
 13.1      (1) first, to the budget reserve until the total amount in 
 13.2   that account equals $622,000,000; then 
 13.3      (2) second, to the tax reduction and reform account until 
 13.4   the amount allocated equals $200,000,000; and 
 13.5      (3) third, to reduce the need to borrow money to finance 
 13.6   state building projects as provided in subdivision 3 until the 
 13.7   amount allocated equals $400,000,000. 
 13.8      Sec. 23.  [CORRECTION 16.] Minnesota Statutes 1996, section 
 13.9   120.1701, subdivision 17, as amended by 1998 H.F. No. 2874, 
 13.10  article 2, section 18, if enacted, is amended to read: 
 13.11     Sec. 18.  Minnesota Statutes 1996, section 120.1701, 
 13.12  subdivision 17, is amended to read: 
 13.13     Subd. 17.  [MEDIATION PROCEDURE.] The commissioner, or the 
 13.14  commissioner's designee, of the state lead agency shall use 
 13.15  federal funds to provide mediation for the activities in 
 13.16  paragraphs (a) and (b). 
 13.17     (a) A parent may resolve a dispute regarding issues in 
 13.18  subdivision 16, paragraph (b), clause (5), through mediation.  
 13.19  If the parent chooses mediation, all public agencies involved in 
 13.20  the dispute shall participate in the mediation process.  The 
 13.21  parent and the public agencies must complete the mediation 
 13.22  process within 30 calendar days of the date the office of 
 13.23  dispute resolution receives a parent's written request for 
 13.24  mediation.  The mediation process may not be used to delay a 
 13.25  parent's right to a due process hearing.  The resolution of the 
 13.26  mediation is not binding on any party. 
 13.27     (b) Resolution of a dispute through mediation, or other 
 13.28  form of alternative dispute resolution, is not limited to formal 
 13.29  disputes arising from the objection of a parent or guardian and 
 13.30  is not limited to the period following a request for a due 
 13.31  process hearing. 
 13.32     (c) The commissioner shall provide training and resources 
 13.33  to school districts to facilitate early identification of 
 13.34  disputes and access to mediation. 
 13.35     (d) The local primary agency may request mediation on 
 13.36  behalf of involved agencies when there are disputes between 
 14.1   agencies regarding responsibilities to coordinate, provide, pay 
 14.2   for, or facilitate payment for early intervention services. 
 14.3      Sec. 24.  [CORRECTION 17.] 1998 S.F. No. 161, article 1, 
 14.4   section 3, if enacted, is amended to read: 
 14.5      Sec. 3.  [SCHEDULE AND QUESTION.] 
 14.6      The proposed amendment shall be submitted at the 1998 
 14.7   general election.  If approved, the office of treasurer will be 
 14.8   abolished on the first Monday in January 2003.  The question 
 14.9   proposed shall be: 
 14.10     "Shall the Minnesota Constitution be amended to abolish the 
 14.11  office of state treasurer on the first Monday in January 2003? 
 14.12                                     Yes .......
 14.13                                     No ........" 
 14.14     Sec. 25.  [CORRECTION 19.] Minnesota Statutes 1996, section 
 14.15  62A.65, subdivision 5, as amended by 1998 S.F. No. 3346, article 
 14.16  8, section 1, if enacted, is amended to read: 
 14.17     Subd. 5.  [PORTABILITY OF COVERAGE.] (a) No individual 
 14.18  health plan may be offered, sold, issued, or with respect to 
 14.19  children age 18 or under renewed, to a Minnesota resident that 
 14.20  contains a preexisting condition limitation, preexisting 
 14.21  condition exclusion, or exclusionary rider, unless the 
 14.22  limitation or exclusion is permitted under this subdivision, 
 14.23  provided that, except for children age 18 or under, underwriting 
 14.24  restrictions may be retained on individual contracts that are 
 14.25  issued without evidence of insurability as a replacement for 
 14.26  prior individual coverage that was sold before May 17, 1993.  
 14.27  The individual may be subjected to an 18-month preexisting 
 14.28  condition limitation, unless the individual has maintained 
 14.29  continuous coverage as defined in section 62L.02.  The 
 14.30  individual must not be subjected to an exclusionary rider.  An 
 14.31  individual who has maintained continuous coverage may be 
 14.32  subjected to a one-time preexisting condition limitation of up 
 14.33  to 12 months, with credit for time covered under qualifying 
 14.34  coverage as defined in section 62L.02, at the time that the 
 14.35  individual first is covered under an individual health plan by 
 14.36  any health carrier.  Credit must be given for all qualifying 
 15.1   coverage with respect to all preexisting conditions, regardless 
 15.2   of whether the conditions were preexisting with respect to any 
 15.3   previous qualifying coverage.  The individual must not be 
 15.4   subjected to an exclusionary rider.  Thereafter, the individual 
 15.5   must not be subject to any preexisting condition limitation, 
 15.6   preexisting condition exclusion, or exclusionary rider under an 
 15.7   individual health plan by any health carrier, except an 
 15.8   unexpired portion of a limitation under prior coverage, so long 
 15.9   as the individual maintains continuous coverage as defined in 
 15.10  section 62L.02. 
 15.11     (b) A health carrier must offer an individual health plan 
 15.12  to any individual previously covered under a group health plan 
 15.13  issued by that health carrier, regardless of the size of the 
 15.14  group, so long as the individual maintained continuous coverage 
 15.15  as defined in section 62L.02.  Beginning January 1, 1999, If the 
 15.16  individual has available any continuation coverage provided 
 15.17  under sections 62A.146; 62A.148; 62A.17, subdivisions 1 and 2; 
 15.18  62A.20; 62A.21; 62C.142; 62D.101; or 62D.105, or continuation 
 15.19  coverage provided under federal law, the health carrier need not 
 15.20  offer coverage under this paragraph until the individual has 
 15.21  exhausted the continuation coverage.  The offer must not be 
 15.22  subject to underwriting, except as permitted under this 
 15.23  paragraph.  A health plan issued under this paragraph must be a 
 15.24  qualified plan as defined in section 62E.02 and must not contain 
 15.25  any preexisting condition limitation, preexisting condition 
 15.26  exclusion, or exclusionary rider, except for any unexpired 
 15.27  limitation or exclusion under the previous coverage.  The 
 15.28  individual health plan must cover pregnancy on the same basis as 
 15.29  any other covered illness under the individual health plan.  The 
 15.30  initial premium rate for the individual health plan must comply 
 15.31  with subdivision 3.  The premium rate upon renewal must comply 
 15.32  with subdivision 2.  In no event shall the premium rate exceed 
 15.33  90 percent of the premium charged for comparable individual 
 15.34  coverage by the Minnesota comprehensive health association, and 
 15.35  the premium rate must be less than that amount if necessary to 
 15.36  otherwise comply with this section.  An individual health plan 
 16.1   offered under this paragraph to a person satisfies the health 
 16.2   carrier's obligation to offer conversion coverage under section 
 16.3   62E.16, with respect to that person.  Coverage issued under this 
 16.4   paragraph must provide that it cannot be canceled or nonrenewed 
 16.5   as a result of the health carrier's subsequent decision to leave 
 16.6   the individual, small employer, or other group market.  Section 
 16.7   72A.20, subdivision 28, applies to this paragraph. 
 16.8      Sec. 26.  [CORRECTION 19A.] 1998 S.F. No. 3346, article 8, 
 16.9   section 15, if enacted, is amended to read: 
 16.10     Sec. 15.  [EFFECTIVE DATES.] 
 16.11     (a) Sections 2 and 4 are effective January 1, 1999. 
 16.12     (b) Section 3 is effective January 1, 1999 July 1, 1998, 
 16.13  and applies to any individual who has continuation coverage 
 16.14  available on or after that date. 
 16.15     (c) Section 12 is effective upon compliance with Minnesota 
 16.16  Statutes, section 645.021, subdivision 2.  
 16.17     (d) Section 13 is effective the day following final 
 16.18  enactment without local approval according to Minnesota 
 16.19  Statutes, section 645.023, subdivision 1, clause (a). 
 16.20     (e) Section 14, paragraph (a), is effective January 1, 1999.
 16.21     (f) Section 14, paragraph (b), is effective the day 
 16.22  following final enactment. 
 16.23     Sec. 27.  [EFFECTIVE DATE.] 
 16.24     Unless provided otherwise, each section of this act takes 
 16.25  effect at the time the provision being corrected takes effect.