SF 2384

1st Engrossment - 90th Legislature (2017 - 2018) Posted on 11/09/2017 09:36am

A bill for an act
relating to legislative enactments; correcting miscellaneous oversights,
inconsistencies, ambiguities, unintended results, and technical errors; amending
Minnesota Statutes 2016, sections 168.1294, as added; 515B.1-103, as amended
if enacted; 515B.4-116, as amended if enacted; 2017 S.F. No. 1456, article 8,
section 5, if enacted; 2017 S.F. No. 514, article 3, sections 1, if enacted; 2, if
enacted; 3, if enacted; 4, if enacted; 5, if enacted; 6, if enacted.

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

Section 1. new text begin CROSS-REFERENCE CORRECTIONS.
new text end

new text begin The revisor of statutes shall renumber the reference to Minnesota Statutes, section
62Q.01, subdivision 9, to Minnesota Statutes, section 62Q.01, subdivision 2a, where it
appears in Minnesota Statutes, sections 43A.23, subdivision 1, paragraph (c); 43A.317,
subdivision 6, paragraph (c); 62C.14, subdivision 5; 62L.02, subdivision 11; and 62Q.23,
paragraph (b).
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 2.

[CORR17-01]

Minnesota Statutes, section 168.1294, as added by Laws 2017,
chapter 55, section 1, is amended to read:

168.1294 LAW ENFORCEMENT MEMORIAL PLATES.

Subdivision 1.

Issuance of plates.

The commissioner shall issue special law enforcement
memorial license plates or a single motorcycle plate to an applicant who:

(1) is a registered owner of a passenger automobile, noncommercial one-ton pickup
truck, motorcycle, or recreational motor vehicle;

(2) pays an additional fee of $10 for each set of plates;

(3) pays the registration tax as required under section 168.013, along with any other fees
required by this chapter;

(4) contributes $25 upon initial application and a minimum of $5 annually to the
Minnesota law enforcement memorial account; and

(5) complies with this chapter and rules governing registration of motor vehicles and
licensing of drivers.

Subd. 2.

Design.

The commissioner new text begin , in consultation with representatives from the
Minnesota Law Enforcement Memorial Association, new text end shall adopt a suitable design for the
plate that must include a deleted text begin black deleted text end new text begin blue new text end line with a deleted text begin blue deleted text end new text begin black new text end line of equal proportion above
and below the deleted text begin black deleted text end new text begin blue new text end line, representing the thin blue line.

Subd. 3.

Plates transfer.

On application to the commissioner and payment of a transfer
fee of $5, special plates may be transferred to another qualified motor vehicle that is
registered to the same individual to whom the special plates were originally issued.

Subd. 4.

Exemption.

Special plates issued under this section are not subject to section
168.1293, subdivision 2.

Subd. 5.

Fees.

Fees collected under subdivision 1, clauses (2) and (3), and subdivision
3 are credited to the vehicle services operating account in the special revenue fund.

Subd. 6.

Contributions; memorial account; appropriation.

Contributions collected
under subdivision 1, clause (4), must be deposited in the Minnesota law enforcement
memorial account, which is established in the special revenue fund. Money in the account
is appropriated to the commissioner of public safety. This appropriation is first for the annual
cost of administering the account funds, and the remaining funds are for distribution to the
Minnesota Law Enforcement Memorial Association, to be used to further the mission of
the association in assisting the families and home agencies of Minnesota law enforcement
officers who have died in the line of duty.

Sec. 3.

[CORR17-02A]

Minnesota Statutes 2016, section 515B.1-103, as amended by
2017 H.F. No. 1538, if enacted, is amended to read:

515B.1-103 DEFINITIONS.

In the declaration and bylaws, unless specifically provided otherwise or the context
otherwise requires, and in this chapter:

(1) "Additional real estate" means real estate that may be added to a flexible common
interest community.

(2) "Affiliate of a declarant" means any person who controls, is controlled by, or is under
common control with a declarant.

(A) A person "controls" a declarant if the person (i) is a general partner, officer, director,
or employer of the declarant, (ii) directly or indirectly or acting in concert with one or more
other persons, or through one or more subsidiaries, owns, controls, holds with power to
vote, or holds proxies representing, more than 20 percent of the voting interest in the
declarant, (iii) controls in any manner the election of a majority of the directors of the
declarant, or (iv) has contributed more than 20 percent of the capital of the declarant.

(B) A person "is controlled by" a declarant if the declarant (i) is a general partner, officer,
director, or employer of the person, (ii) directly or indirectly or acting in concert with one
or more other persons, or through one or more subsidiaries, owns, controls, holds with
power to vote, or holds proxies representing, more than 20 percent of the voting interest in
the person, (iii) controls in any manner the election of a majority of the directors of the
person, or (iv) has contributed more than 20 percent of the capital of the person.

(C) Control does not exist if the powers described in this subsection are held solely as
a security interest and have not been exercised.

(3) "Allocated interests" means the following interests allocated to each unit: (i) in a
condominium, the undivided interest in the common elements, the common expense liability,
and votes in the association; (ii) in a cooperative, the common expense liability and the
ownership interest and votes in the association; and (iii) in a planned community, the common
expense liability and votes in the association.

(4) "Association" means the unit owners' association organized under section 515B.3-101.

(5) "Board" means the body, regardless of name, designated in the articles of
incorporation, bylaws or declaration to act on behalf of the association, or on behalf of a
master association when so identified.

(6) "CIC plat" means a common interest community plat described in section 515B.2-110.

(7) "Common elements" means all portions of the common interest community other
than the units.

(8) "Common expenses" means expenditures made or liabilities incurred by or on behalf
of the association, or master association when so identified, together with any allocations
to reserves.

(9) "Common expense liability" means the liability for common expenses allocated to
each unit pursuant to section 515B.2-108.

(10) "Common interest community" or "CIC" means contiguous or noncontiguous real
estate within Minnesota that is subject to an instrument which obligates persons owning a
separately described parcel of the real estate, or occupying a part of the real estate pursuant
to a proprietary lease, by reason of their ownership or occupancy, to pay for (i) real estate
taxes levied against; (ii) insurance premiums payable with respect to; (iii) maintenance of;
or (iv) construction, maintenance, repair or replacement of improvements located on, one
or more parcels or parts of the real estate other than the parcel or part that the person owns
or occupies. Real estate which satisfies the definition of a common interest community is
a common interest community whether or not it is subject to this chapter. Real estate subject
to a master declaration, regardless of when the master declaration was recorded, shall not
collectively constitute a separate common interest community unless so stated in the master
declaration.

(11) "Condominium" means a common interest community in which (i) portions of the
real estate are designated as units, (ii) the remainder of the real estate is designated for
common ownership solely by the owners of the units, and (iii) undivided interests in the
common elements are vested in the unit owners.

(11a) "Construction defect claim" means a civil action or an arbitration proceeding based
on any legal theory including, but not limited to, claims under chapter 327A for damages,
indemnity, or contribution brought against a development party to assert a claim,
counterclaim, cross-claim, or third-party claim for damages or loss to, or the loss of use of,
real or personal property caused by a defect in the initial design or construction of an
improvement to real property that is part of a common interest community, including an
improvement that is constructed on additional real estate pursuant to section deleted text begin 515B.2-124 deleted text end new text begin
515B.2-111 new text end . "Construction defect claim" does not include claims related to subsequent
maintenance, repairs, alterations, or modifications to, or the addition of, improvements that
are part of the common interest community, and that are contracted for by the association
or a unit owner.

(12) "Conversion property" means real estate on which is located a building that at any
time within two years before creation of the common interest community was occupied for
residential use wholly or partially by persons other than purchasers and persons who occupy
with the consent of purchasers.

(13) "Cooperative" means a common interest community in which the real estate is
owned by an association, each of whose members is entitled to a proprietary lease by virtue
of the member's ownership interest in the association.

(14) "Dealer" means a person in the business of selling units for the person's own account.

(15) "Declarant" means:

(i) if the common interest community has been created, (A) any person who has executed
a declaration, or a supplemental declaration or amendment to a declaration adding additional
real estate, except secured parties, a spouse holding only an inchoate interest, persons whose
interests in the real estate will not be transferred to unit owners, or, in the case of a leasehold
common interest community, a lessor who possesses no special declarant rights and who
is not an affiliate of a declarant who possesses special declarant rights, or (B) any person
who reserves, or succeeds under section 515B.3-104 to any special declarant rights; or

(ii) any person or persons acting in concert who have offered prior to creation of the
common interest community to transfer their interest in a unit to be created and not previously
transferred.

(16) "Declaration" means any instrument, however denominated, that creates a common
interest community.

(16a) "Development party" means an architect, contractor, construction manager,
subcontractor, developer, declarant, engineer, or private inspector performing or furnishing
the design, supervision, inspection, construction, coordination, or observation of the
construction of any improvement to real property that is part of a common interest
community, or any of the person's affiliates, officers, directors, shareholders, members, or
employees.

(17) "Dispose" or "disposition" means a voluntary transfer to a purchaser of any legal
or equitable interest in the common interest community, but the term does not include the
transfer or release of a security interest.

(18) "Flexible common interest community" means a common interest community to
which additional real estate may be added.

(19) "Leasehold common interest community" means a common interest community in
which all or a portion of the real estate is subject to a lease the expiration or termination of
which will terminate the common interest community or reduce its size.

(20) "Limited common element" means a portion of the common elements allocated by
the declaration or by operation of section 515B.2-109 (c) or (d) for the exclusive use of one
or more but fewer than all of the units.

(21) "Master association" means an entity created on or after June 1, 1994, that directly
or indirectly exercises any of the powers set forth in section 515B.3-102 on behalf of one
or more members described in section 515B.2-121 (b), (i), (ii) or (iii), whether or not it also
exercises those powers on behalf of one or more property owners' associations described
in section 515B.2-121 (b)(iv). A person (i) hired by an association to perform maintenance,
repair, accounting, bookkeeping or management services, or (ii) granted authority under an
instrument recorded primarily for the purpose of creating rights or obligations with respect
to utilities, access, drainage, or recreational amenities, is not, solely by reason of that
relationship, a master association.

(22) "Master declaration" means a written instrument, however named, (i) recorded on
or after June 1, 1994, and (ii) complying with section 515B.2-121, subsection (e).

(23) "Master developer" means a person who is designated in the master declaration as
a master developer or, in the absence of such a designation, the owner or owners of the real
estate subject to the master declaration at the time the master declaration is recorded, except
(i) secured parties and (ii) a spouse holding only an inchoate interest. A master developer
is not a declarant unless the master declaration states that the real estate subject to the master
declaration collectively is or collectively will be a separate common interest community.

(24) "Period of declarant control" means the time period provided for in section
515B.3-103 (c) during which the declarant may appoint and remove officers and directors
of the association.

(25) "Person" means an individual, corporation, limited liability company, partnership,
trustee under a trust, personal representative, guardian, conservator, government,
governmental subdivision or agency, or other legal or commercial entity capable of holding
title to real estate.

(26) "Planned community" means a common interest community that is not a
condominium or a cooperative. A condominium or cooperative may be a part of a planned
community.

(27) "Proprietary lease" means an agreement with a cooperative association whereby a
member of the association is entitled to exclusive possession of a unit in the cooperative.

(28) "Purchaser" means a person, other than a declarant, who by means of a voluntary
transfer acquires a legal or equitable interest in a unit other than (i) a leasehold interest of
less than 20 years, including renewal options, or (ii) a security interest.

(29) "Real estate" means any fee simple, leasehold or other estate or interest in, over,
or under land, including structures, fixtures, and other improvements and interests that by
custom, usage, or law pass with a conveyance of land though not described in the contract
of sale or instrument of conveyance. "Real estate" may include spaces with or without upper
or lower boundaries, or spaces without physical boundaries.

(30) "Residential use" means use as a dwelling, whether primary, secondary or seasonal,
but not transient use such as hotels or motels.

(31) "Secured party" means the person owning a security interest as defined in paragraph
(32).

(32) "Security interest" means a perfected interest in real estate or personal property,
created by contract or conveyance, which secures payment or performance of an obligation.
The term includes a mortgagee's interest in a mortgage, a vendor's interest in a contract for
deed, a lessor's interest in a lease intended as security, a holder's interest in a sheriff's
certificate of sale during the period of redemption, an assignee's interest in an assignment
of leases or rents intended as security, in a cooperative, a lender's interest in a member's
ownership interest in the association, a pledgee's interest in the pledge of an ownership
interest, or any other interest intended as security for an obligation under a written agreement.

(33a) This definition of special declarant rights applies only to common interest
communities created before August 1, 2010. "Special declarant rights" means rights reserved
in the declaration for the benefit of a declarant to:

(i) complete improvements indicated on the CIC plat, planned by the declarant consistent
with the disclosure statement or authorized by the municipality in which the CIC is located;

(ii) add additional real estate to a common interest community;

(iii) subdivide or combine units, or convert units into common elements, limited common
elements, or units;

(iv) maintain sales offices, management offices, signs advertising the common interest
community, and models;

(v) use easements through the common elements for the purpose of making improvements
within the common interest community or any additional real estate;

(vi) create a master association and provide for the exercise of authority by the master
association over the common interest community or its unit owners;

(vii) merge or consolidate a common interest community with another common interest
community of the same form of ownership; or

(viii) appoint or remove any officer or director of the association, or the master association
where applicable, during any period of declarant control.

(33b) This definition of special declarant rights applies only to common interest
communities created on or after August 1, 2010. "Special declarant rights" means rights
reserved in the declaration for the benefit of a declarant and expressly identified in the
declaration as special declarant rights. Such special declarant rights may include but are not
limited to the following:

(i) to complete improvements indicated on the CIC plat, planned by the declarant
consistent with the disclosure statement or authorized by the municipality in which the
common interest community is located, and to have and use easements for itself and its
employees, agents, and contractors through the common elements for such purposes;

(ii) to add additional real estate to a common interest community;

(iii) to subdivide or combine units, or convert units into common elements, limited
common elements and/or units, pursuant to section 515B.2-112;

(iv) to maintain and use sales offices, management offices, signs advertising the common
interest community, and models, and to have and use easements for itself and its employees,
agents, and invitees through the common elements for such purposes;

(v) to appoint or remove any officer or director of the association during any period of
declarant control;

(vi) to utilize an alternate common expense plan as provided in section 515B.3-115
(a)(2);

(vii) to grant common element licenses as provided in section 515B.2-109 (e); or

(viii) to review, and approve or disapprove, the exterior design, materials, size, site
location, and other exterior features of buildings and other structures, landscaping and other
exterior improvements, located within the common interest community, and any
modifications or alterations thereto.

Special declarant rights shall not be reserved or utilized for the purpose of evading any
limitation or obligation imposed on declarants by this chapter.

(34) "Time share" means a right to occupy a unit or any of several units during three or
more separate time periods over a period of at least three years, including renewal options,
whether or not coupled with a fee title interest in the common interest community or a
specified portion thereof.

(35) "Unit" means a portion of a common interest community the boundaries of which
are described in the common interest community's declaration and which is intended for
separate ownership, or separate occupancy pursuant to a proprietary lease.

(36) "Unit identifier" means English letters or Arabic numerals, or a combination thereof,
which identify only one unit in a common interest community and which meet the
requirements of section 515B.2-104.

(37) "Unit owner" means a declarant or other person who owns a unit, a lessee under a
proprietary lease, or a lessee of a unit in a leasehold common interest community whose
lease expires simultaneously with any lease the expiration or termination of which will
remove the unit from the common interest community, but does not include a secured party.
In a common interest community, the declarant is the unit owner of a unit until that unit has
been conveyed to another person.

Sec. 4.

[CORR17-02B]

Minnesota Statutes 2016, section 515B.4-116, as amended by
2017 H.F. No. 1538, if enacted, is amended to read:

515B.4-116 RIGHTS OF ACTION; ATTORNEY'S FEES.

(a) In addition to any other rights to recover damages, attorney's fees, costs or expenses,
whether authorized by this chapter or otherwise, if a declarant, an association, or any other
person violates any provision of this chapter, or any provision of the declaration, bylaws,
or rules and regulations any person or class of persons adversely affected by the failure to
comply has a claim for appropriate relief. Subject to the requirements of section 515B.3-102,
the association shall have standing to pursue claims on behalf of the unit owners of two or
more units.

(b) The court may award reasonable attorney's fees and costs of litigation to the prevailing
party. Punitive damages may be awarded for a willful failure to comply.

(c) As a condition precedent to any construction defect claim, the parties to the claim
must submit the matter to mediation before a mutually agreeable neutral third party deleted text begin under
Rules of Civil Procedure, rule 114.02 (7) deleted text end . new text begin For the purposes of this section, mediation has
the meaning given under the General Rules of Practice, rule 114.02(7). new text end If the parties are not
able to agree on a neutral third-party mediator from the roster maintained by the Minnesota
Supreme Court, the parties may petition the district court in the jurisdiction in which the
common interest community is located to appoint a mediator. The applicable statute of
limitations and statute of repose for an action based on breach of a warranty imposed by
this section, or any other action in contract, tort, or other law for any injury to real or personal
property or bodily injury or wrongful death arising out of the alleged construction defect,
is tolled from the date that any party makes a written demand for mediation under this
section until the latest of the following:

(1) five business days after mediation is completed; or

(2) 180 days.

Notwithstanding the foregoing, mediation shall not be required prior to commencement
of a construction defect claim if the parties have completed home warranty dispute resolution
under section 327A.051.

(d) The remedies provided for under this chapter are not exclusive and do not abrogate
any remedies under other statutes or the common law, notwithstanding whether those
remedies are referred to in this chapter.

Sec. 5.

[CORR17-03A]

2017 S.F. No. 514, article 3, section 1, if enacted, is amended to
read:

Section 1. MORRISON COUNTY RECORDER MAY BE APPOINTED.

Subdivision 1.

Authorization to make office appointive.

Notwithstanding Minnesota
Statutes, section 382.01, upon adoption of a resolution by the Morrison County Board of
Commissioners, the office of county recorder is not elective but must be filled by appointment
by the county board as provided in the resolution.

Subd. 2.

Board controls; may change as long as duties done.

Upon adoption of a
resolution by the county board of commissioners, and subject to subdivisions 3 and 4, the
duties of an elected official required by statute whose office is made appointive as authorized
by this section must be discharged by the county board of commissioners acting through a
department head appointed by the board for that purpose. Reorganization, reallocation,
delegation, or other administrative change or transfer does not diminish, prohibit, or avoid
the discharge of duties required by statute.

Subd. 3.

Incumbents to complete term.

The person elected at the last general election
to an office made appointive under this section must serve in that capacity and perform the
duties, functions, and responsibilities required by statute until the completion of the term
of office to which the person was elected or until a vacancy occurs in the office, whichever
occurs earlier.

Subd. 4.

Publishing resolution; petition; referendum.

(a) Before the adoption of a
resolution to provide for the appointment of the county recorder, the county board must
publish a proposed resolution notifying the public of its intent to consider the issue once
each week for two consecutive weeks in the official publication of the county and in the
official publication of each city located wholly or partly in the county. Following publication
and prior to formally adopting the resolution, the county board shall provide an opportunity
at two separate meetings for public comment relating to the issue. One meeting must be
held between the hours of 8:00 a.m. and 5:00 p.m. and the other meeting must be held
between the hours of 5:00 p.m. and 9:00 p.m. The meetings may be regular or special
meetings. After the public comment opportunity at the second meeting, at the same meeting
or a subsequent meeting, the county board of commissioners may adopt a resolution that
provides for the appointment of the county recorder as permitted in this section. The
resolution must be approved by at least 80 percent of the members of the county board. The
resolution may take effect 60 days after it is adopted, or at a later date stated in the resolution,
unless a petition is filed as provided in paragraph (b).

(b) Within 60 days after the county board adopts the resolution, a petition requesting a
referendum may be filed with the county auditor-treasurer. The petition must be signed by
at least deleted text begin ten deleted text end new text begin five new text end percent of the registered voters of the county. The petition must meet the
requirements of the secretary of state, as provided in Minnesota Statutes, section 204B.071,
and any rules adopted to implement that section. If the petition is sufficient, the question
of appointing the county recorder must be placed on the ballot at a regular or special election.
If a majority of the voters of the county voting on the question vote in favor of appointment,
the resolution may be implemented.

Subd. 5.

Reverting to elected offices.

(a) The county board may adopt a resolution to
provide for the election of an office made an appointed position under this section, but not
until at least three years after the office was made an appointed position. The county board
must publish a proposed resolution notifying the public of its intent to consider the issue
once each week for two consecutive weeks in the official publication of the county. Following
publication and before formally adopting the resolution, the county board must provide an
opportunity at its next regular meeting for public comment relating to the issue. After the
public comment hearing, the county board may adopt the resolution. The resolution must
be approved by at least 60 percent of the members of the county board and is effective
August 1 following adoption of the resolution.

(b) The question of whether an office made an appointed position under this section
must be made an elected office must be placed on the ballot at the next general election if:

(1) the position has been an appointed position for at least three years;

(2) a petition signed by at least deleted text begin five deleted text end new text begin ten new text end percent of the registered voters of the county is
filed with the office of the county auditor-treasurer by August 1 of the year in which the
general election is held; and

(3) the petition meets the requirements of the secretary of state, as provided in Minnesota
Statutes, section 204B.071, and any rules adopted to implement that section. If a majority
of the voters of the county voting on the question vote in favor of making the office an
elected position, the election for the office must be held at the next regular or special election.

Sec. 6.

[CORR17-03B]

2017 S.F. No. 514, article 3, section 2, if enacted, is amended to
read:

Sec. 2. BENTON COUNTY RECORDER MAY BE APPOINTED.

Subdivision 1.

Authorization to make office appointive.

Notwithstanding Minnesota
Statutes, section 382.01, upon adoption of a resolution by the Benton County Board of
Commissioners, the office of county recorder is not elective but must be filled by appointment
by the county board as provided in the resolution.

Subd. 2.

Board controls; may change as long as duties done.

Upon adoption of a
resolution by the county board of commissioners, and subject to subdivisions 3 and 4, the
duties of an elected official required by statute whose office is made appointive as authorized
by this section must be discharged by the county board of commissioners acting through a
department head appointed by the board for that purpose. Reorganization, reallocation,
delegation, or other administrative change or transfer does not diminish, prohibit, or avoid
the discharge of duties required by statute.

Subd. 3.

Incumbents to complete term.

The person elected at the last general election
to an office made appointive under this section must serve in that capacity and perform the
duties, functions, and responsibilities required by statute until the completion of the term
of office to which the person was elected or until a vacancy occurs in the office, whichever
occurs earlier.

Subd. 4.

Publishing resolution; petition; referendum.

(a) Before the adoption of a
resolution to provide for the appointment of the county recorder, the county board must
publish a proposed resolution notifying the public of its intent to consider the issue once
each week for two consecutive weeks in the official publication of the county and in the
official publication of each city located wholly or partly in the county. Following publication
and prior to formally adopting the resolution, the county board shall provide an opportunity
at two separate meetings for public comment relating to the issue. One meeting must be
held between the hours of 8:00 a.m. and 5:00 p.m. and the other meeting must be held
between the hours of 5:00 p.m. and 9:00 p.m. The meetings may be regular or special
meetings. After the public comment opportunity at the second meeting, at the same meeting
or a subsequent meeting, the county board of commissioners may adopt a resolution that
provides for the appointment of the county recorder as permitted in this section. The
resolution must be approved by at least 80 percent of the members of the county board. The
resolution may take effect 60 days after it is adopted, or at a later date stated in the resolution,
unless a petition is filed as provided in paragraph (b).

(b) Within 60 days after the county board adopts the resolution, a petition requesting a
referendum may be filed with the county auditor-treasurer. The petition must be signed by
at least deleted text begin ten deleted text end new text begin five new text end percent of the registered voters of the county. The petition must meet the
requirements of the secretary of state, as provided in Minnesota Statutes, section 204B.071,
and any rules adopted to implement that section. If the petition is sufficient, the question
of appointing the county recorder must be placed on the ballot at a regular or special election.
If a majority of the voters of the county voting on the question vote in favor of appointment,
the resolution may be implemented.

Subd. 5.

Reverting to elected offices.

(a) The county board may adopt a resolution to
provide for the election of an office made an appointed position under this section, but not
until at least three years after the office was made an appointed position. The county board
must publish a proposed resolution notifying the public of its intent to consider the issue
once each week for two consecutive weeks in the official publication of the county. Following
publication and before formally adopting the resolution, the county board must provide an
opportunity at its next regular meeting for public comment relating to the issue. After the
public comment hearing, the county board may adopt the resolution. The resolution must
be approved by at least 60 percent of the members of the county board and is effective
August 1 following adoption of the resolution.

(b) The question of whether an office made an appointed position under this section
must be made an elected office must be placed on the ballot at the next general election if:

(1) the position has been an appointed position for at least three years;

(2) a petition signed by at least deleted text begin five deleted text end new text begin ten new text end percent of the registered voters of the county is
filed with the office of the county auditor-treasurer by August 1 of the year in which the
general election is held; and

(3) the petition meets the requirements of the secretary of state, as provided in Minnesota
Statutes, section 204B.071, and any rules adopted to implement that section. If a majority
of the voters of the county voting on the question vote in favor of making the office an
elected position, the election for the office must be held at the next regular or special election.

Sec. 7.

[CORR17-03C]

2017 S.F. No. 514, article 3, section 3, if enacted, is amended to
read:

Sec. 3. PINE COUNTY AUDITOR-TREASURER MAY BE APPOINTED.

Subdivision 1.

Authorization to make office appointive.

Notwithstanding Minnesota
Statutes, section 382.01, upon adoption of a resolution by the Pine County Board of
Commissioners, the office of county auditor-treasurer is not elective but must be filled by
appointment by the county board as provided in the resolution.

Subd. 2.

Board controls; may change as long as duties done.

Upon adoption of a
resolution by the county board of commissioners and subject to subdivisions 3 and 4, the
duties of an elected official required by statute whose office is made appointive as authorized
by this section must be discharged by the county board of commissioners acting through a
department head appointed by the board for that purpose. Reorganization, reallocation,
delegation, or other administrative change or transfer does not diminish, prohibit, or avoid
the discharge of duties required by statute.

Subd. 3.

Incumbent to complete term.

The person elected at the last general election
to an office made appointive under this section must serve in that capacity and perform the
duties, functions, and responsibilities required by statute until the completion of the term
of office to which the person was elected or until a vacancy occurs in the office, whichever
occurs earlier.

Subd. 4.

Publishing resolution; petition; referendum.

(a) Before the adoption of a
resolution to provide for the appointment of the county auditor-treasurer, the county board
must publish a proposed resolution notifying the public of its intent to consider the issue
once each week for two consecutive weeks in the official publication of the county and in
the official publication of each city located wholly or partly in the county. Following
publication and prior to formally adopting the resolution, the county board shall provide an
opportunity at two separate meetings for public comment relating to the issue. One meeting
must be held between the hours of 8:00 a.m. and 5:00 p.m. and the other meeting must be
held between the hours of 5:00 p.m. and 9:00 p.m. The meetings may be regular or special
meetings. After the public comment opportunity at the second meeting, at the same meeting
or a subsequent meeting, the county board of commissioners may adopt a resolution that
provides for the appointment of the county auditor-treasurer as permitted in this section.
The resolution must be approved by at least 80 percent of the members of the county board.
The resolution may take effect 60 days after it is adopted, or at a later date stated in the
resolution, unless a petition is filed as provided in paragraph (b).

(b) Within 60 days after the county board adopts the resolution, a petition requesting a
referendum may be filed with the county auditor-treasurer. The petition must be signed by
at least deleted text begin ten deleted text end new text begin five new text end percent of the registered voters of the county. The petition must meet the
requirements of the secretary of state, as provided in Minnesota Statutes, section 204B.071,
and any rules adopted to implement that section. If the petition is sufficient, the question
of appointing the county auditor-treasurer must be placed on the ballot at a regular or special
election. If a majority of the voters of the county voting on the question vote in favor of
appointment, the resolution may be implemented.

Subd. 5.

Reverting to elected offices.

(a) The county board may adopt a resolution to
provide for the election of an office made an appointed position under this section, but not
until at least three years after the office was made an appointed position. The county board
must publish a proposed resolution notifying the public of its intent to consider the issue
once each week for two consecutive weeks in the official publication of the county. Following
publication and before formally adopting the resolution, the county board must provide an
opportunity at its next regular meeting for public comment relating to the issue. After the
public comment hearing, the county board may adopt the resolution. The resolution must
be approved by at least 60 percent of the members of the county board and is effective
August 1 following adoption of the resolution.

(b) The question of whether an office made an appointed position under this section
must be made an elected office must be placed on the ballot at the next general election if:

(1) the position has been an appointed position for at least three years;

(2) a petition signed by at least deleted text begin five deleted text end new text begin ten new text end percent of the registered voters of the county is
filed with the office of the county auditor-treasurer by August 1 of the year in which the
general election is held; and

(3) the petition meets the requirements of the secretary of state, as provided in Minnesota
Statutes, section 204B.071, and any rules adopted to implement that section. If a majority
of the voters of the county voting on the question vote in favor of making the office an
elected position, the election for the office must be held at the next regular or special election.

Sec. 8.

[CORR17-03D]

2017 S.F. No. 514, article 3, section 4, if enacted, is amended to
read:

Sec. 4. STEARNS COUNTY RECORDER MAY BE APPOINTED.

Subdivision 1.

Authorization to make office appointive.

Notwithstanding Minnesota
Statutes, section 382.01, upon adoption of a resolution by the Stearns County Board of
Commissioners, the office of county recorder is not elective but must be filled by appointment
by the county board as provided in the resolution.

Subd. 2.

Board controls; may change as long as duties done.

Upon adoption of a
resolution by the county board of commissioners, and subject to subdivisions 3 and 4, the
duties of an elected official required by statute whose office is made appointive as authorized
by this section must be discharged by the county board of commissioners acting through a
department head appointed by the board for that purpose. Reorganization, reallocation,
delegation, or other administrative change or transfer does not diminish, prohibit, or avoid
the discharge of duties required by statute.

Subd. 3.

Incumbents to complete term.

The person elected at the last general election
to an office made appointive under this section must serve in that capacity and perform the
duties, functions, and responsibilities required by statute until the completion of the term
of office to which the person was elected or until a vacancy occurs in the office, whichever
occurs earlier.

Subd. 4.

Publishing resolution; petition; referendum.

(a) Before the adoption of a
resolution to provide for the appointment of the county recorder, the county board must
publish a proposed resolution notifying the public of its intent to consider the issue once
each week for two consecutive weeks in the official publication of the county and in the
official publication of each city located wholly or partly in the county. Following publication
and prior to formally adopting the resolution, the county board shall provide an opportunity
at two separate meetings for public comment relating to the issue. One meeting must be
held between the hours of 8:00 a.m. and 5:00 p.m. and the other meeting must be held
between the hours of 5:00 p.m. and 9:00 p.m. The meetings may be regular or special
meetings. After the public comment opportunity at the second meeting, at the same meeting
or a subsequent meeting, the county board of commissioners may adopt a resolution that
provides for the appointment of the county recorder as permitted in this section. The
resolution must be approved by at least 80 percent of the members of the county board. The
resolution may take effect 60 days after it is adopted, or at a later date stated in the resolution,
unless a petition is filed as provided in paragraph (b).

(b) Within 60 days after the county board adopts the resolution, a petition requesting a
referendum may be filed with the county auditor-treasurer. The petition must be signed by
at least deleted text begin ten deleted text end new text begin five new text end percent of the registered voters of the county. The petition must meet the
requirements of the secretary of state, as provided in Minnesota Statutes, section 204B.071,
and any rules adopted to implement that section. If the petition is sufficient, the question
of appointing the county recorder must be placed on the ballot at a regular or special election.
If a majority of the voters of the county voting on the question vote in favor of appointment,
the resolution may be implemented.

Subd. 5.

Reverting to elected offices.

(a) The county board may adopt a resolution to
provide for the election of an office made an appointed position under this section, but not
until at least three years after the office was made an appointed position. The county board
must publish a proposed resolution notifying the public of its intent to consider the issue
once each week for two consecutive weeks in the official publication of the county. Following
publication and before formally adopting the resolution, the county board must provide an
opportunity at its next regular meeting for public comment relating to the issue. After the
public comment hearing, the county board may adopt the resolution. The resolution must
be approved by at least 60 percent of the members of the county board and is effective
August 1 following adoption of the resolution.

(b) The question of whether an office made an appointed position under this section
must be made an elected office must be placed on the ballot at the next general election if:

(1) the position has been an appointed position for at least three years;

(2) a petition signed by at least deleted text begin five deleted text end new text begin ten new text end percent of the registered voters of the county is
filed with the office of the county auditor-treasurer by August 1 of the year in which the
general election is held; and

(3) the petition meets the requirements of the secretary of state, as provided in Minnesota
Statutes, section 204B.071, and any rules adopted to implement that section. If a majority
of the voters of the county voting on the question vote in favor of making the office an
elected position, the election for the office must be held at the next regular or special election.

Sec. 9.

[CORR17-03E]

2017 S.F. No. 514, article 3, section 5, if enacted, is amended to
read:

Sec. 5. MARSHALL COUNTY RECORDER MAY BE APPOINTED.

Subdivision 1.

Authorization to make office appointive.

Notwithstanding Minnesota
Statutes, section 382.01, upon adoption of a resolution by the Marshall County Board of
Commissioners, the office of county recorder is not elective but must be filled by appointment
by the county board as provided in the resolution.

Subd. 2.

Board controls; may change as long as duties done.

Upon adoption of a
resolution by the county board of commissioners, and subject to subdivisions 3 and 4, the
duties of an elected official required by statute whose office is made appointive as authorized
by this section must be discharged by the county board of commissioners acting through a
department head appointed by the board for that purpose. Reorganization, reallocation,
delegation, or other administrative change or transfer does not diminish, prohibit, or avoid
the discharge of duties required by statute.

Subd. 3.

Incumbents to complete term.

The person elected at the last general election
to an office made appointive under this section must serve in that capacity and perform the
duties, functions, and responsibilities required by statute until the completion of the term
of office to which the person was elected or until a vacancy occurs in the office, whichever
occurs earlier.

Subd. 4.

Publishing resolution; petition; referendum.

(a) Before the adoption of a
resolution to provide for the appointment of the county recorder, the county board must
publish a proposed resolution notifying the public of its intent to consider the issue once
each week for two consecutive weeks in the official publication of the county and in the
official publication of each city located wholly or partly in the county. Following publication
and prior to formally adopting the resolution, the county board shall provide an opportunity
at two separate meetings for public comment relating to the issue. One meeting must be
held between the hours of 8:00 a.m. and 5:00 p.m. and the other meeting must be held
between the hours of 5:00 p.m. and 9:00 p.m. The meetings may be regular or special
meetings. After the public comment opportunity at the second meeting, at the same meeting
or a subsequent meeting, the county board of commissioners may adopt a resolution that
provides for the appointment of the county recorder as permitted in this section. The
resolution must be approved by at least 80 percent of the members of the county board. The
resolution may take effect 60 days after it is adopted, or at a later date stated in the resolution,
unless a petition is filed as provided in paragraph (b).

(b) Within 60 days after the county board adopts the resolution, a petition requesting a
referendum may be filed with the county auditor-treasurer. The petition must be signed by
at least deleted text begin ten deleted text end new text begin five new text end percent of the registered voters of the county. The petition must meet the
requirements of the secretary of state, as provided in Minnesota Statutes, section 204B.071,
and any rules adopted to implement that section. If the petition is sufficient, the question
of appointing the county recorder must be placed on the ballot at a regular or special election.
If a majority of the voters of the county voting on the question vote in favor of appointment,
the resolution may be implemented.

Subd. 5.

Reverting to elected offices.

(a) The county board may adopt a resolution to
provide for the election of an office made an appointed position under this section, but not
until at least three years after the office was made an appointed position. The county board
must publish a proposed resolution notifying the public of its intent to consider the issue
once each week for two consecutive weeks in the official publication of the county. Following
publication and before formally adopting the resolution, the county board must provide an
opportunity at its next regular meeting for public comment relating to the issue. After the
public comment hearing, the county board may adopt the resolution. The resolution must
be approved by at least 60 percent of the members of the county board and is effective
August 1 following adoption of the resolution.

(b) The question of whether an office made an appointed position under this section
must be made an elected office must be placed on the ballot at the next general election if:

(1) the position has been an appointed position for at least three years;

(2) a petition signed by at least deleted text begin five deleted text end new text begin ten new text end percent of the registered voters of the county is
filed with the office of the county auditor-treasurer by August 1 of the year in which the
general election is held; and

(3) the petition meets the requirements of the secretary of state, as provided in Minnesota
Statutes, section 204B.071, and any rules adopted to implement that section. If a majority
of the voters of the county voting on the question vote in favor of making the office an
elected position, the election for the office must be held at the next regular or special election.

Sec. 10.

[CORR17-03F]

2017 S.F. No. 514, article 3, section 6, if enacted, is amended to
read:

Sec. 6. RICE COUNTY AUDITOR-TREASURER AND RECORDER MAY BE
APPOINTED.

Subdivision 1.

Authorization to make office appointive.

Notwithstanding Minnesota
Statutes, section 382.01, upon adoption of a resolution by the Rice County Board of
Commissioners, the offices of county auditor-treasurer and county recorder are not elective
but must be filled by appointment by the county board as provided in the resolution.

Subd. 2.

Board controls; may change as long as duties done.

Upon adoption of a
resolution by the county board of commissioners, and subject to subdivisions 3 and 4, the
duties of an elected official required by statute whose office is made appointive as authorized
by this section must be discharged by the county board of commissioners acting through a
department head appointed by the board for that purpose. Reorganization, reallocation,
delegation, or other administrative change or transfer does not diminish, prohibit, or avoid
the discharge of duties required by statute.

Subd. 3.

Incumbents to complete term.

The person elected at the last general election
to an office made appointive under this section must serve in that elected capacity and
perform the duties, functions, and responsibilities required by statute until the completion
of the term of office to which the person was elected or until a vacancy occurs in the office,
whichever occurs earlier.

Subd. 4.

Publishing resolution; petition; referendum.

(a) Before the adoption of a
resolution to provide for the appointment of the county auditor-treasurer and county recorder,
the county board must publish a proposed resolution notifying the public of its intent to
consider the issue once each week for two consecutive weeks in the official publication of
the county and in the official publication of each city located wholly or partly in the county.
Following publication and prior to formally adopting the resolution, the county board shall
provide an opportunity at two separate meetings for public comment relating to the issue.
One meeting must be held between the hours of 8:00 a.m. and 5:00 p.m. and the other
meeting must be held between the hours of 5:00 p.m. and 9:00 p.m. The meetings may be
regular or special meetings. After the public comment opportunity at the second meeting,
at the same meeting or a subsequent meeting, the county board of commissioners may adopt
a resolution that provides for the appointment of the county auditor-treasurer and county
recorder as permitted in this section. The resolution must be approved by at least 80 percent
of the members of the county board. The resolution may take effect 60 days after it is
adopted, or at a later date stated in the resolution, unless a petition is filed as provided in
paragraph (b).

(b) Within 60 days after the county board adopts the resolution, a petition requesting a
referendum may be filed with the county auditor-treasurer. The petition must be signed by
at least deleted text begin ten deleted text end new text begin five new text end percent of the registered voters of the county. The petition must meet the
requirements of the secretary of state, as provided in Minnesota Statutes, section 204B.071,
and any rules adopted to implement that section. If the petition is sufficient, the question
of appointing the county auditor-treasurer and county recorder must be placed on the ballot
at a regular or special election. If a majority of the voters of the county voting on the question
vote in favor of appointment, the resolution may be implemented.

Subd. 5.

Reverting to elected offices.

(a) The county board may adopt a resolution to
provide for the election of an office made an appointed position under this section, but not
until at least three years after the office was made an appointed position. The county board
must publish a proposed resolution notifying the public of its intent to consider the issue
once each week or two consecutive weeks in the official publication of the county. Following
publication and before formally adopting the resolution, the county board must provide an
opportunity at its next regular meeting for public comment relating to the issue. After the
public comment hearing, the county board may adopt the resolution. The resolution must
be approved by at least 60 percent of the members of the county board and is effective
August 1 following adoption of the resolution.

(b) The question of whether an office made an appointed position under this section
must be made an elected office must be placed on the ballot at the next general election if:

(1) the position has been an appointed position for at least three years;

(2) a petition signed by at least deleted text begin five deleted text end new text begin ten new text end percent of the registered voters of the county is
filed with the office of the county auditor-treasurer by August 1 of the year in which the
general election is held; and

(3) the petition meets the requirements of the secretary of state, as provided in Minnesota
Statutes, section 204B.071, and any rules adopted to implement that section. If a majority
of the voters of the county voting on the question vote in favor of making the office an
elected position, the election for the office must be held at the next regular or special election.

Sec. 11.

[CORR17-05]

2017 S.F. No. 1456, article 8, section 5, if enacted, is amended to
read:

Sec. 5.

[72A.328] AFFINITY GROUP.

Subdivision 1.

Definitions.

(a) For purposes of this section the following terms have
the meanings given.

(b) "Affinity program" means a group of individuals who are members of an entity that
offers individuals benefits based on their membership in that entity. Affinity program does
not include an entity that obtains group insurance, as defined in section 60A.02, subdivision
28, or risk retention groups as defined in section 60E.02, subdivision 12.

(c) "Policy" means an individually underwritten policy of private passenger vehicle
insurance, as defined in section 65B.001, subdivision 2, deleted text begin or deleted text end an individually underwritten
policy of homeowner's insurance, as defined in section 65A.27, subdivision 4 new text begin , or an
individually underwritten policy issued under section 60A.06, subdivision 1, clause (10) new text end .

Subd. 2.

Discount.

An insurance company may offer an individual a discount or other
benefit relating to a policy based on the individual's membership in an affinity program if:

(1) the benefit or discount is based on an actuarial justification; and

(2) the insurance company offers the benefit or discount to all members of the affinity
program eligible for the discount or benefit.

Sec. 12. new text begin EFFECTIVE DATE.
new text end

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