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Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

                            CHAPTER 408-S.F.No. 3396 
                  An act relating to legislative enactments; correcting 
                  miscellaneous noncontroversial oversights, 
                  inconsistencies, ambiguities, unintended results, and 
                  technical errors; amending Minnesota Statutes 1996, 
                  sections 62A.65, subdivision 5, as amended; 115C.08, 
                  subdivision 3; and 120.1701, subdivision 17, as 
                  amended; Minnesota Statutes 1997 Supplement, sections 
                  241.015, as amended; 268.07, subdivision 2, as 
                  amended; Laws 1998, chapter 262, section 13, by adding 
                  a subdivision; Laws 1998, chapter 293, section 3; Laws 
                  1998, chapter 299, section 15, subdivision 1; Laws 
                  1998, chapter 319, section 2, subdivisions 2 and 7; 
                  Laws 1998, chapter 367, article 2, section 30, 
                  subdivision 3; article 2, section 31; article 2, 
                  section 34; article 7, section 15; article 11, section 
                  27; House File 3840, article 8, section 44, 
                  subdivisions 1, 2, and 7; article 9, section 2, 
                  subdivision 2; article 11, section 23; Senate File 
                  161, article 1, section 3; Senate File 3298, article 
                  1, section 2; Senate File 3345, article 9, section 25; 
                  Senate File 3346, article 8, section 15; Senate File 
                  3354, section 32; proposing coding for new law in 
                  Minnesota Statutes, chapter 241. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1996, section 115C.08, 
        subdivision 3, is amended to read: 
           Subd. 3.  [PETROLEUM TANK RELEASE CLEANUP FEE.] A petroleum 
        tank release cleanup fee is imposed on the use of tanks that 
        contain petroleum products defined in section 296.01.  On 
        products other than gasoline, the fee must be paid in the manner 
        provided in section 296.141 by the first licensed distributor 
        receiving the product in Minnesota, as defined in section 
        296.01.  When the product is gasoline, the distributor 
        responsible for payment of the gasoline tax is also responsible 
        for payment of the petroleum tank cleanup fee.  The fee must be 
        imposed as required under subdivision 3 2, at a rate of $20 per 
        1,000 gallons of petroleum products, rounded to the nearest 
        1,000 gallons.  A distributor who fails to pay the fee imposed 
        under this section is subject to the penalties provided in 
        section 296.15. 
           Sec. 2.  [CORRECTION 1.] Laws 1998, chapter 262, section 
        13, is amended by adding a subdivision to read: 
           Subd. 1a.  [SECTION 9.] Section 9 is effective August 1, 
        1998, and applies to the estate of a person dying on or after 
        that date. 
           Sec. 3.  [CORRECTION 2.] Minnesota Statutes 1997 
        Supplement, section 268.07, subdivision 2, as amended by Laws 
        1998, chapter 265, section 23, is amended to read: 
           Subd. 2.  [WEEKLY BENEFIT AMOUNT AND MAXIMUM AMOUNT OF 
        BENEFITS.] (a) To establish a reemployment insurance account, a 
        claimant must have: 
           (1) wage credits in two or more calendar quarters of the 
        claimant's base period; 
           (2) minimum total wage credits equal to or greater than the 
        high quarter wage credits multiplied by 1.25; 
           (3) high quarter wage credits of not less than $1,000.  
           (b) If the commissioner finds that a claimant has 
        established a reemployment insurance account, the weekly benefit 
        amount payable during the claimant's benefit year shall be the 
        higher of: 
           (1) 50 percent of the claimant's average weekly wage during 
        the claimant's base period, to a maximum of 66-2/3 percent of 
        the state's average weekly wage; or 
           (2) 50 percent of the claimant's average weekly wage during 
        the high quarter, to a maximum of the higher of $331 or 50 
        percent of the state's average weekly wage, or $331, whichever 
        is higher. 
           The claimant's average weekly wage under clause (1) shall 
        be computed by dividing the claimant's total wage credits by 
        52.  The claimant's average weekly wage under clause (2) shall 
        be computed by dividing the claimant's high quarter wage credits 
        by 13.  
           (c) The state's maximum weekly benefit amount and the 
        claimant's weekly benefit amount shall be computed to the 
        nearest whole dollar.  
           (d) The maximum amount of benefits payable on any 
        reemployment insurance account shall equal one-third of the 
        claimant's total wage credits rounded to the next lower dollar, 
        not to exceed 26 times the claimant's weekly benefit amount. 
           Sec. 4.  [CORRECTION 4.] Laws 1998, chapter 319, section 2, 
        subdivision 2, is amended to read: 
           Subd. 2.  [OTHER INSURERS.] In order to be eligible to be 
        governed by sections 60L.01 to 60L.15, an insurer other than a 
        life insurer must meet the following requirements: 
           (a) For each calendar year during which sections 60L.01 to 
        60L.15 apply to the insurer, the insurer shall have had, as of 
        the end of the immediately preceding calendar year: 
           (1) total admitted assets of at least $2,000,000,000; and 
           (2) a total amount of capital plus surplus of at least 
        $200,000,000. 
           (b) For each calendar year during which sections 60L.01 to 
        60L.15 apply to the insurer, the insurer shall have had, as of 
        the end of the immediately preceding calendar year, total 
        adjusted capital equal to or greater than company action level 
        risk-based capital, as defined in section 60A.60, subdivision 
        11.  For purposes of this subdivision, "total adjusted capital" 
        means total adjusted capital as defined in section 60A.60, 
        subdivision 14, adjusted to deduct the value of capital notes 
        and surplus notes as provided in the risk-based instructions as 
        defined in section 60A.60, subdivision 10. 
           (c) For each calendar year during which sections 60L.01 to 
        60L.15 apply to the insurer, the mean of the ratio, calculated 
        as of the end of each of the five immediately preceding calendar 
        years, of total adjusted capital to company action level 
        risk-based capital, as defined in section 60A.60, subdivision 
        11, must equal at least 1.0. 
           (d) An insurer is considered to have met the requirements 
        of this subdivision and subdivision 3 if the insurer 
        participates in a 100 percent reinsurance pooling agreement 
        which substantially affects the solvency and integrity of its 
        reserves and cedes all of its direct and assumed business to the 
        pool, and where the insurer with the largest share of pooled 
        business subject to the agreement meets the requirements of this 
        subdivision and subdivision 3. 
           Sec. 5.  [CORRECTION 4A.] Laws 1998, chapter 319, section 
        2, subdivision 7, is amended to read: 
           Subd. 7.  [TERMINATION.] (a) After sections 60L.01 to 
        60L.15 begin to govern an insurer, sections 60L.01 to 60L.15 
        apply to the insurer unless: 
           (1) the insurer has ceased to comply with the requirements 
        of: 
           (i) subdivision 1, if the insurer is a life insurer, or; 
           (ii) subdivision 2, if the insurer is other than a life 
        insurer, and with the requirements of; or 
           (iii) subdivision 3 
        and the insurer has failed to bring itself back into compliance 
        with the requirements of the applicable subdivisions within 30 
        days of ceasing to comply; or 
           (2) the commissioner has issued an order under section 
        60L.14, subdivision 2, that sections 60L.01 to 60L.15 no longer 
        govern the insurer, regardless of whether the insurer is 
        contesting the order; or 
           (3) all of the following conditions have been met:  
           (i) the insurer's board of directors has adopted a 
        resolution electing that sections 60L.01 to 60L.15 no longer 
        apply to its investments and investment practices; 
           (ii) the insurer has notified the commissioner in writing 
        of its intention that sections 60L.01 to 60L.15 no longer apply 
        to the insurer's investments and investment practices; and 
           (iii) during the period ending 30 days after the receipt by 
        the commissioner of the written notice, the commissioner has not 
        issued an order under section 60L.14 prohibiting the insurer 
        from ceasing to comply with sections 60L.01 to 60L.15. 
           (b) An insurer may not elect more than once in a 12-month 
        period that sections 60L.01 to 60L.15 do not apply to the 
        insurer's investments and investment practices. 
           (c) An investment which is held as an admitted asset by an 
        insurer on the date on which sections 60L.01 to 60L.15 cease to 
        govern the insurer and which qualified as an admitted asset 
        immediately before the date remains qualified as an admitted 
        asset of the insurer. 
           (d) If sufficient voting securities of the insurer or an 
        affiliate are acquired to require a filing under section 60D.17, 
        sections 60L.01 to 60L.15 cease to apply to the insurer 30 days 
        following the completion of the acquisition of voting 
        securities.  If the board of directors of the insurer desires 
        the insurer to continue to be governed by sections 60L.01 to 
        60L.15, it shall comply with the requirements of subdivision 4 
        and shall notify the commissioner as required under and subject 
        to subdivision 5.  If the notification is received within 30 
        days of the completion of the acquisition, the insurer is 
        governed by sections 60L.01 to 60L.15 during the time period 
        allowed for the commissioner's disapproval. 
           (e) When sections 60L.01 to 60L.15 cease to govern an 
        insurer, then, in the case of a life insurer, sections 61A.28; 
        61A.282, subdivision 2; 61A.283; 61A.29; 61A.31; and 61A.315, 
        and, in the case of an insurer other than a life insurer, 
        section 60A.11, apply to the insurer. 
           Sec. 6.  [CORRECTION 5.] Laws 1998, chapter 293, section 3, 
        is amended to read: 
           Sec. 3.  [EFFECTIVE DATE.] 
           Section 1 is effective for policies issued or renewed on or 
        after January 1, 1999.  Section 2 is effective the day following 
        final enactment. 
           Sec. 7.  [CORRECTION 6.] 1998 S.F. No. 3345, article 9, 
        section 25, if enacted, is amended to read: 
           Sec. 25.  [EFFECTIVE DATE.] 
           Sections 1 to 3, 6 to 8, 12, and 18 are effective the day 
        following final enactment.  Sections 11 and 17 are effective 
        January 1, 1999.  Sections 13 to 15, 21, and 24 are effective 
        July 1, 1999. 
           Sec. 8.  [CORRECTION 7.] 1998 S.F. No. 3354, section 32, if 
        enacted, is amended to read: 
           Sec. 32.  [16D.045] [STAFF.] 
           Any If there is an increase in the complement of collectors 
        hired employed by the commissioner of revenue after June 30, 
        1998, to work for the Minnesota collection enterprise above the 
        complement employed on June 30, 1998, the new complement of 
        collectors must be located in the Ely office. 
           Sec. 9.  [CORRECTION 8.] 1998 S.F. No. 3298, article 1, 
        section 2, is amended to read: 
        Sec. 2.  DEPARTMENT OF PUBLIC
        SAFETY                            $      200,000 $    4,170,000 
                      Summary by Fund
        General                 -0-           294,000
        Trunk Highway           200,000     3,826,000
        Highway User Tax 
        Distribution Fund       -0-            50,000 
        (a) State Patrol
                      Summary by Fund
        General                 -0-           294,000
        Trunk Highway           -0-         3,591,000
        Highway User Tax
        Distribution Fund       -0-            50,000 
        These appropriations are added to the 
        appropriation in Laws 1997, chapter 
        159, article 1, section 4, subdivision 
        3. 
        $50,000 from the highway user tax 
        distribution fund is for the vehicle 
        registration and insurance study. 
        $294,000 from the general fund for 
        fiscal year 1999 is for additional 
        capitol complex security staff. 
        $200,000 from the trunk highway fund 
        for fiscal year 1998 1999 is for 
        additional state patrol flight time to 
        enhance law enforcement efforts through 
        airborne enforcement. 
        $2,697,000 from the trunk highway fund 
        for fiscal year 1999 is for 29 
        additional state troopers and related 
        support staff. 
        $694,000 from the trunk highway fund 
        for fiscal year 1999 is for replacement 
        and maintenance of state patrol 
        communications equipment. 
        (b) Driver and Vehicle Services
               200,000        235,000 
        $200,000 for fiscal year 1998 and 
        $235,000 for fiscal year 1999 are added 
        to the appropriations in Laws 1997, 
        chapter 159, article 1, section 4, 
        subdivision 4, for driver's license and 
        identification card cost increases.  
        This appropriation is from the trunk 
        highway fund. 
           Sec. 10.  [CORRECTION 9.] Laws 1998, chapter 299, section 
        15, subdivision 1, is amended to read: 
           Subdivision 1.  [MONTHLY GASOLINE REPORTS; SHRINKAGE 
        ALLOWANCE.] (a) Except as provided in paragraph (e), on or 
        before the 23rd day of each month, every person who is required 
        to pay a gasoline tax shall file with the commissioner a report, 
        in the form and manner prescribed by the commissioner, showing 
        the number of gallons of petroleum products received by the 
        reporter during the preceding calendar month, and other 
        information the commissioner may require.  A written report is 
        deemed to have been filed as required in this subdivision if 
        postmarked on or before the 23rd day of the month in which the 
        tax is payable. 
           (b) The number of gallons of gasoline must be reported in 
        United States standard liquid gallons, 231 cubic inches, except 
        that the commissioner may upon written application and for cause 
        shown permit the distributor to report the number of gallons of 
        gasoline as corrected to a temperature of 60-degrees 
        Fahrenheit.  If the application is granted, all gasoline covered 
        in the application and allowed by the commissioner must continue 
        to be reported by the distributor on the adjusted basis for a 
        period of one year from the date of the granting of the 
        application.  The number of gallons of petroleum products other 
        than gasoline must be reported as originally invoiced.  Each 
        report must show separately the number of gallons of aviation 
        gasoline received by the reporter during each calendar month. 
           (c) Each report must also include the amount of gasoline 
        tax on gasoline received by the reporter during the preceding 
        month.  In computing the tax a deduction of three percent of the 
        quantity of gasoline received by a distributor shall be made for 
        evaporation and loss.  At the time of reporting, the reporter 
        shall submit satisfactory evidence that one-third of the three 
        percent deduction has been credited or paid to dealers on 
        quantities sold to them. 
           (d) Each report shall contain a confession of judgment for 
        the amount of the tax shown due to the extent not timely paid. 
           (e) Under certain circumstances and with the approval of 
        the commissioner, taxpayers may be allowed to file reports 
        annually. 
           Sec. 11.  [CORRECTION 10.] Laws 1998, chapter 367, article 
        7, section 15, is amended to read: 
           Sec. 15.  [REPEALER.] 
           Minnesota Statutes 1996, section 401.02, subdivision 4; and 
        Minnesota Statutes 1997 Supplement, section 244.19, subdivision 
        3a 4, are repealed. 
           Sec. 12.  [CORRECTION 10A.] Laws 1998, chapter 367, article 
        11, section 27, is amended to read: 
           Sec. 27.  [REPEALER.] 
           Minnesota Statutes 1996, sections section 299M.05; and 
        299M.11, subdivision 3, are, is repealed. 
           Sec. 13.  [CORRECTION 11.] Minnesota Statutes 1997 
        Supplement, section 241.015, as amended by Laws 1998, chapter 
        367, article 9, section 4, is amended to read: 
           241.015 [ANNUAL PERFORMANCE REPORTS REQUIRED.] 
           Subdivision 1.  [ANNUAL REPORT.] Notwithstanding section 
        15.91, the department of corrections must issue a performance 
        report by November 30 of each year.  The issuance and content of 
        the report must conform with section 15.91. 
           Subd. 2.  [RECIDIVISM ANALYSIS.] The report required by 
        subdivision 1 must include an evaluation and analysis of the 
        programming in all department of corrections facilities.  This 
        evaluation and analysis must include: 
           (1) a description of the vocational, work, and industries 
        programs and information on the recidivism rates for offenders 
        who participated in these types of programming; 
           (2) a description of the educational programs and 
        information on the recidivism rates for offenders who 
        participated in educational programming; and 
           (3) a description of the chemical dependency, sex offender, 
        and mental health treatment programs and information on the 
        recidivism rates for offenders who participated in these 
        treatment programs. 
           The analysis of recidivism rates must include a breakdown 
        of recidivism rates for juvenile offenders, adult male 
        offenders, and adult female offenders. 
           Sec. 14.  [CORRECTION 11A.] Subdivision 1.  [241.016] 
        [AGENCY PERFORMANCE REPORTING; RECIDIVISM ANALYSIS.] 
           The report required by section 15.91 must include an 
        evaluation and analysis of the programming in all department of 
        corrections facilities.  This evaluation and analysis must 
        include: 
           (1) a description of the vocational, work, and industries 
        programs and information on the recidivism rates for offenders 
        who participated in these types of programming; 
           (2) a description of the educational programs and 
        information on the recidivism rates for offenders who 
        participated in educational programming; and 
           (3) a description of the chemical dependency, sex offender, 
        and mental health treatment programs and information on the 
        recidivism rates for offenders who participated in these 
        treatment programs. 
           The analysis of recidivism rates must include a breakdown 
        of recidivism rates for juvenile offenders, adult male 
        offenders, and adult female offenders. 
           Subd. 2.  [EFFECTIVE DATE.] Subdivision 1 is effective July 
        1, 1998. 
           Sec. 15.  [CORRECTION 12.] Laws 1998, chapter 367, article 
        2, section 30, subdivision 3, is amended to read: 
           Subd. 3.  [LEGISLATIVE REPORT.] The prosecuting authorities 
        specified in subdivision 2 shall cooperate in compiling a report 
        containing the information required to be collected under 
        subdivision 2 and shall submit the report by December 15, 1998, 
        to the chairs and ranking minority members of the senate crime 
        prevention committee and the house judiciary committee. 
           Sec. 16.  [CORRECTION 12A.] Laws 1998, chapter 367, article 
        2, section 31, is amended to read: 
           Sec. 31.  [PENALTY ASSESSMENTS FOR PROSTITUTION CRIMES; 
        REPORT.] 
           (a) On or before December 15, 1998, the commissioner of 
        corrections shall submit a report to the chairs and ranking 
        minority members of the senate crime prevention committee and 
        the house judiciary committee concerning the use of money 
        appropriated to the commissioner from the penalty assessment 
        authorized by Minnesota Statutes, section 609.3241.  The report 
        shall provide information on the amount of money appropriated to 
        the commissioner from this source since fiscal year 1995, and 
        the ways in which the money has been used to assist individuals 
        who have stopped or wished to stop engaging in prostitution. 
           (b) On or before December 15, 1998, the supreme court is 
        requested to report to the chairs and ranking minority members 
        of the senate crime prevention committee and the house judiciary 
        committee concerning the use of money collected since fiscal 
        year 1995 from penalty assessments under Minnesota Statutes, 
        section 609.3241, and used for the purposes described in 
        Minnesota Statutes, section 626.558, subdivision 2. 
           Sec. 17.  [CORRECTION 12B.] Laws 1998, chapter 367, article 
        2, section 34, is amended to read: 
           Sec. 34.  [EFFECTIVE DATE.] 
           Sections 4 and 22 are effective January 1, 1999, and apply 
        to crimes committed on or after that date.  Section 9 is 
        effective June 1, 1998, and applies to crimes committed on or 
        after that date.  Section 27 is effective the day following 
        final enactment.  Section 29 applies to the city of Minneapolis 
        upon its acceptance by the Minneapolis city council pursuant to 
        Minnesota Statutes, section 645.021, and applies to Hennepin 
        county upon its acceptance by the Hennepin county board pursuant 
        to Minnesota Statutes, section 645.021.  Sections 1 to 3, 5 to 
        8, 10 to 21, 23, 24, 26, 32, and 33 are effective August 1, 
        1998, and apply to crimes committed on or after that date. 
           Sec. 18.  [CORRECTION 13.] 1998 H.F. No. 3840, article 8, 
        section 44, subdivision 1, if enacted, is amended to read: 
           Subdivision 1.  [SALES AND USE TAX AUTHORIZED.] 
        Notwithstanding Minnesota Statutes, section 477A.016, or any 
        other provision of law, ordinance, or city charter, the cities 
        of St. Cloud, Sauk Rapids, Sartell, Waite Park, and St. Joseph 
        may impose by ordinance a sales and use tax of up to one-half of 
        one percent for the purposes specified in subdivision 3 5.  This 
        tax, and the taxes described in subdivisions 2 to 4, may be 
        imposed in any of these cities only if approved by the voters of 
        the city at a general election held within one year of the date 
        of final enactment of this act, or at an election held on the 
        first Tuesday in November of 1999.  The provisions of Minnesota 
        Statutes, section 297A.48, govern the imposition, 
        administration, collection, and enforcement of the taxes 
        authorized under this subdivision. 
           Sec. 19.  [CORRECTION 13A.] 1998 H.F. No. 3840, article 8, 
        section 44, subdivision 2, if enacted, is amended to read: 
           Subd. 2.  [EXCISE TAX AUTHORIZED.] Notwithstanding 
        Minnesota Statutes, section 477A.016, or any other provision of 
        law, ordinance, or city charter, the cities identified in 
        subdivision 1 may impose by ordinance, for the purposes 
        specified in subdivision 3 5, an excise tax of up to $20 per 
        motor vehicle acquired from any person engaged within the city 
        in the business of selling motor vehicles at retail. 
           Sec.  20.  [CORRECTION 13B.] 1998 H.F. No. 3840, article 8, 
        section 44, subdivision 7, if enacted, is amended to read: 
           Subd. 7.  [TERMINATION OF TAXES.] The taxes imposed by each 
        city under subdivisions 1 to 4 expire when sufficient funds have 
        been received from the taxes to finance the obligations under 
        subdivision 3 subdivisions 5, paragraph (a), and 6, and to 
        prepay or retire at maturity the principal, interest, and 
        premium due on the original bonds issued for the initial 
        acquisition, construction, and improvement of the Central 
        Minnesota Events Center as determined under an applicable joint 
        powers agreement or by a governing entity in charge of 
        administering the project.  Any funds remaining after completion 
        of the project and retirement or redemption of the bonds may be 
        placed in the general funds of the cities imposing the taxes.  
        The taxes imposed by a city under this section may expire at an 
        earlier time by city ordinance, if authorized under the 
        applicable joint powers agreement or by the governing entity in 
        charge of administering the project. 
           If the cities that pass a referendum required under 
        subdivision 6 determine that the revenues raised from the sum of 
        all the taxes authorized by referendum under this subdivision 
        will not be sufficient to fund the project in subdivision 5, 
        none of the authorized taxes may be imposed. 
           Sec. 21.  [CORRECTION 14.] 1998 H. F. No. 3840, article 11, 
        section 23, if enacted, is amended to read: 
           Sec. 23.  [GARRISON; TAX INCREMENT FINANCING.] 
           The reduction in state aid under Minnesota Statutes, 
        section 273.1399, for the city of Garrison as a result of tax 
        increment financing district number 1 does not apply for aids 
        paid in fiscal years 1999 and 2000.  The aid reduction for 
        fiscal years 1999 and 2000 must be deducted from aid payable to 
        the city in the year or years after the remainder of the aid 
        reduction for tax increment financing district number 1 has been 
        made. 
           Sec. 22.  [CORRECTION 15.] 1998 H. F. No. 3840, article 9, 
        section 2, subdivision 2, if enacted, is amended to read: 
           Subd. 2.  [PRIORITIES.] If on the basis of a forecast of 
        general fund revenues and expenditures after November 1 in 1998, 
        the commissioner of finance determines that there will be a 
        positive unrestricted budgetary general fund balance at the 
        close of the biennium, the commissioner of finance must allocate 
        money as follows: 
           (1) first, to the budget reserve until the total amount in 
        that account equals $622,000,000; then 
           (2) second, to the tax reduction and reform account until 
        the amount allocated equals $200,000,000; and 
           (3) third, to reduce the need to borrow money to finance 
        state building projects as provided in subdivision 3 until the 
        amount allocated equals $400,000,000. 
           Sec. 23.  [CORRECTION 16.] Minnesota Statutes 1996, section 
        120.1701, subdivision 17, as amended by 1998 H.F. No. 2874, 
        article 2, section 18, if enacted, is amended to read: 
           Sec. 18.  Minnesota Statutes 1996, section 120.1701, 
        subdivision 17, is amended to read: 
           Subd. 17.  [MEDIATION PROCEDURE.] The commissioner, or the 
        commissioner's designee, of the state lead agency shall use 
        federal funds to provide mediation for the activities in 
        paragraphs (a) and (b). 
           (a) A parent may resolve a dispute regarding issues in 
        subdivision 16, paragraph (b), clause (5), through mediation.  
        If the parent chooses mediation, all public agencies involved in 
        the dispute shall participate in the mediation process.  The 
        parent and the public agencies must complete the mediation 
        process within 30 calendar days of the date the office of 
        dispute resolution receives a parent's written request for 
        mediation.  The mediation process may not be used to delay a 
        parent's right to a due process hearing.  The resolution of the 
        mediation is not binding on any party. 
           (b) Resolution of a dispute through mediation, or other 
        form of alternative dispute resolution, is not limited to formal 
        disputes arising from the objection of a parent or guardian and 
        is not limited to the period following a request for a due 
        process hearing. 
           (c) The commissioner shall provide training and resources 
        to school districts to facilitate early identification of 
        disputes and access to mediation. 
           (d) The local primary agency may request mediation on 
        behalf of involved agencies when there are disputes between 
        agencies regarding responsibilities to coordinate, provide, pay 
        for, or facilitate payment for early intervention services. 
           Sec. 24.  [CORRECTION 17.] 1998 S.F. No. 161, article 1, 
        section 3, if enacted, is amended to read: 
           Sec. 3.  [SCHEDULE AND QUESTION.] 
           The proposed amendment shall be submitted at the 1998 
        general election.  If approved, the office of treasurer will be 
        abolished on the first Monday in January 2003.  The question 
        proposed shall be: 
           "Shall the Minnesota Constitution be amended to abolish the 
        office of state treasurer on the first Monday in January 2003? 
                                           Yes .......
                                           No ........" 
           Sec. 25.  [CORRECTION 19.] Minnesota Statutes 1996, section 
        62A.65, subdivision 5, as amended by 1998 S.F. No. 3346, article 
        8, section 1, if enacted, is amended to read: 
           Subd. 5.  [PORTABILITY OF COVERAGE.] (a) No individual 
        health plan may be offered, sold, issued, or with respect to 
        children age 18 or under renewed, to a Minnesota resident that 
        contains a preexisting condition limitation, preexisting 
        condition exclusion, or exclusionary rider, unless the 
        limitation or exclusion is permitted under this subdivision, 
        provided that, except for children age 18 or under, underwriting 
        restrictions may be retained on individual contracts that are 
        issued without evidence of insurability as a replacement for 
        prior individual coverage that was sold before May 17, 1993.  
        The individual may be subjected to an 18-month preexisting 
        condition limitation, unless the individual has maintained 
        continuous coverage as defined in section 62L.02.  The 
        individual must not be subjected to an exclusionary rider.  An 
        individual who has maintained continuous coverage may be 
        subjected to a one-time preexisting condition limitation of up 
        to 12 months, with credit for time covered under qualifying 
        coverage as defined in section 62L.02, at the time that the 
        individual first is covered under an individual health plan by 
        any health carrier.  Credit must be given for all qualifying 
        coverage with respect to all preexisting conditions, regardless 
        of whether the conditions were preexisting with respect to any 
        previous qualifying coverage.  The individual must not be 
        subjected to an exclusionary rider.  Thereafter, the individual 
        must not be subject to any preexisting condition limitation, 
        preexisting condition exclusion, or exclusionary rider under an 
        individual health plan by any health carrier, except an 
        unexpired portion of a limitation under prior coverage, so long 
        as the individual maintains continuous coverage as defined in 
        section 62L.02. 
           (b) A health carrier must offer an individual health plan 
        to any individual previously covered under a group health plan 
        issued by that health carrier, regardless of the size of the 
        group, so long as the individual maintained continuous coverage 
        as defined in section 62L.02.  Beginning January 1, 1999, If the 
        individual has available any continuation coverage provided 
        under sections 62A.146; 62A.148; 62A.17, subdivisions 1 and 2; 
        62A.20; 62A.21; 62C.142; 62D.101; or 62D.105, or continuation 
        coverage provided under federal law, the health carrier need not 
        offer coverage under this paragraph until the individual has 
        exhausted the continuation coverage.  The offer must not be 
        subject to underwriting, except as permitted under this 
        paragraph.  A health plan issued under this paragraph must be a 
        qualified plan as defined in section 62E.02 and must not contain 
        any preexisting condition limitation, preexisting condition 
        exclusion, or exclusionary rider, except for any unexpired 
        limitation or exclusion under the previous coverage.  The 
        individual health plan must cover pregnancy on the same basis as 
        any other covered illness under the individual health plan.  The 
        initial premium rate for the individual health plan must comply 
        with subdivision 3.  The premium rate upon renewal must comply 
        with subdivision 2.  In no event shall the premium rate exceed 
        90 percent of the premium charged for comparable individual 
        coverage by the Minnesota comprehensive health association, and 
        the premium rate must be less than that amount if necessary to 
        otherwise comply with this section.  An individual health plan 
        offered under this paragraph to a person satisfies the health 
        carrier's obligation to offer conversion coverage under section 
        62E.16, with respect to that person.  Coverage issued under this 
        paragraph must provide that it cannot be canceled or nonrenewed 
        as a result of the health carrier's subsequent decision to leave 
        the individual, small employer, or other group market.  Section 
        72A.20, subdivision 28, applies to this paragraph. 
           Sec. 26.  [CORRECTION 19A.] 1998 S.F. No. 3346, article 8, 
        section 15, if enacted, is amended to read: 
           Sec. 15.  [EFFECTIVE DATES.] 
           (a) Sections 2 and 4 are effective January 1, 1999. 
           (b) Section 3 is effective January 1, 1999 July 1, 1998, 
        and applies to any individual who has continuation coverage 
        available on or after that date. 
           (c) Section 12 is effective upon compliance with Minnesota 
        Statutes, section 645.021, subdivision 2.  
           (d) Section 13 is effective the day following final 
        enactment without local approval according to Minnesota 
        Statutes, section 645.023, subdivision 1, clause (a). 
           (e) Section 14, paragraph (a), is effective January 1, 1999.
           (f) Section 14, paragraph (b), is effective the day 
        following final enactment. 
           Sec. 27.  [EFFECTIVE DATE.] 
           Unless provided otherwise, each section of this act takes 
        effect at the time the provision being corrected takes effect. 
           Presented to the governor April 10, 1998 
           Signed by the governor April 20, 1998, 11:10 a.m.