SF 2891

2nd Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to legislative enactments; correcting 
  1.3             miscellaneous oversights, inconsistencies, 
  1.4             ambiguities, unintended results, and technical errors; 
  1.5             amending Minnesota Statutes 2000, sections 125A.21, 
  1.6             subdivision 2, as amended; 291.03, subdivision 1, as 
  1.7             amended; 317A.021, subdivision 9; Minnesota Statutes 
  1.8             2001 Supplement, sections 216B.1646, as amended; 
  1.9             273.124, subdivision 11, as amended; Laws 2002, 
  1.10            chapter 342, section 12; 2002 S.F. No. 1555, section 
  1.11            2, if enacted; 2002 H.F. No. 2498, article 3, section 
  1.12            7, the effective date, if enacted; 2002 H.F. No. 2498, 
  1.13            article 4, section 6, the effective date, if enacted; 
  1.14            2002 H.F. No. 3618, section 13, subdivision 7, if 
  1.15            enacted; repealing Laws 2002, chapter 291, section 7. 
  1.16  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.17     Section 1.  Minnesota Statutes 2000, section 317A.021, 
  1.18  subdivision 9, is amended to read: 
  1.19     Subd. 9.  [APPLICABILITY OF OTHER LAWS.] (a) Except as 
  1.20  provided in paragraphs (b) and (c), chapters 300, 316, 317A 317, 
  1.21  and 556 do not apply to corporations. 
  1.22     (b) Sections 300.60, 300.61, and 300.63 apply to 
  1.23  corporations. 
  1.24     (c) This subdivision does not affect the applicability of 
  1.25  chapter 300 to a corporation that elected to reject Laws 1951, 
  1.26  chapter 500, sections 1 to 25. 
  1.27     Sec. 2.  [CORR02-1] 2002 S.F. No. 1555, section 2, if 
  1.28  enacted, is amended to read: 
  1.29     Sec. 2.  [18C.110] [PREEMPTION OF LOCAL LAW.] 
  1.30     (a) Except as specifically provided in this chapter, a 
  2.1   local unit of government may not adopt or enforce any ordinance, 
  2.2   regulate, or that prohibits or regulates, and may not in any 
  2.3   other way restrict prohibit or regulate, the distribution, sale, 
  2.4   handling, use, or application of phosphorous fertilizers and 
  2.5   phosphorous fertilizer products that are applied or will be 
  2.6   applied to land used for growing crops or any other agricultural 
  2.7   use.  
  2.8      (b) Except as specifically provided in this chapter, a 
  2.9   local unit of government may not adopt or enforce any ordinance 
  2.10  that prohibits or regulates the registration, labeling, 
  2.11  distribution, sale, handling, use, application, or disposal of 
  2.12  turf fertilizer containing phosphorus.  
  2.13     (c) This section does not prohibit a local ordinance that 
  2.14  restricts the sale of turf phosphorous fertilizer that was in 
  2.15  effect on August 1, 2002. 
  2.16     (d) This section does not preempt local authority or 
  2.17  responsibility for zoning, fire codes, or hazardous waste 
  2.18  disposal.  
  2.19     (e) Paragraphs (a) and (d) are effective the day following 
  2.20  final enactment.  Paragraphs (b) and (c) are effective January 
  2.21  1, 2004. 
  2.22     Sec. 3.  [CORR02-2] Minnesota Statutes 2000, section 
  2.23  125A.21, subdivision 2, as amended by Laws 2002, chapter 294, 
  2.24  section 2, is amended to read: 
  2.25     Subd. 2.  [THIRD PARTY REIMBURSEMENT.] (a) Beginning July 
  2.26  1, 2000, districts shall seek reimbursement from insurers and 
  2.27  similar third parties for the cost of services provided by the 
  2.28  district whenever the services provided by the district are 
  2.29  otherwise covered by the child's health coverage.  Districts 
  2.30  shall request, but may not require, the child's family to 
  2.31  provide information about the child's health coverage when a 
  2.32  child with a disability begins to receive services from the 
  2.33  district of a type that may be reimbursable, and shall request, 
  2.34  but may not require, updated information after that as needed.  
  2.35     (b) For children enrolled in medical assistance under 
  2.36  chapter 256B or MinnesotaCare under chapter 256L who have no 
  3.1   other health coverage, a district shall provide an initial 
  3.2   written notice to the enrolled child's parent or legal 
  3.3   representative of its intent to seek reimbursement from medical 
  3.4   assistance or MinnesotaCare for the individual education plan 
  3.5   health-related services provided by the district. 
  3.6      (c) The district shall give the parent or legal 
  3.7   representative annual written notice of: 
  3.8      (1) the district's intent to seek reimbursement from 
  3.9   medical assistance or MinnesotaCare for individual education 
  3.10  plan health-related services provided by the district; 
  3.11     (2) the right of the parent or legal representative to 
  3.12  request a copy of all records concerning individual education 
  3.13  plan health-related services disclosed by the district to any 
  3.14  third party; and 
  3.15     (3) the right of the parent or legal representative to 
  3.16  withdraw consent for disclosure of a child's records at any time 
  3.17  without consequence. 
  3.18  The written notice shall be provided as part of the written 
  3.19  notice required by Code of Federal Regulations, title 34, 
  3.20  section 300.503. 
  3.21     (d) In order to access the private health care coverage of 
  3.22  a child who is covered by private health care coverage in whole 
  3.23  or in part, a district must: 
  3.24     (1) obtain annual written informed consent from the parent 
  3.25  or legal representative, in compliance with subdivision 5; and 
  3.26     (2) inform the parent or legal representative that a 
  3.27  refusal to permit the district or state Medicaid agency to 
  3.28  access their private health care coverage does not relieve the 
  3.29  district of its responsibility to provide all services necessary 
  3.30  to provide free and appropriate public education at no cost to 
  3.31  the parent or legal representative. 
  3.32     (e) If the commissioner of human services obtains federal 
  3.33  approval to exempt covered individual education plan 
  3.34  health-related services from the requirement that private health 
  3.35  care coverage refuse payment before medical assistance may be 
  3.36  billed, paragraphs (b), (c), and (d), shall also apply to 
  4.1   students with a combination of private health care coverage and 
  4.2   health care coverage through medical assistance or MinnesotaCare.
  4.3      (f) In the event that Congress or any federal agency or the 
  4.4   Minnesota legislature or any state agency establishes lifetime 
  4.5   limits, limits for any health care services, cost-sharing 
  4.6   provisions, or otherwise provides that individual education plan 
  4.7   health-related services impact benefits for persons enrolled in 
  4.8   medical assistance or MinnesotaCare, the amendments to this 
  4.9   subdivision adopted in 2002 are repealed on the effective date 
  4.10  of any federal or state law or regulation that imposes the 
  4.11  limits.  In that event, districts must obtain informed consent 
  4.12  consistent with this subdivision as it existed prior to the 2002 
  4.13  amendments and subdivision 5, before seeking reimbursement for 
  4.14  children enrolled in medical assistance under chapter 256B or 
  4.15  MinnesotaCare under chapter 256L who have no other health care 
  4.16  coverage. 
  4.17     [EFFECTIVE DATE.] This section is effective the day 
  4.18  following final enactment. 
  4.19     Sec. 4.  [CORR02-3] [EFFECTIVE DATE.] 
  4.20     Laws 2002, chapter 333, is effective the day following 
  4.21  final enactment. 
  4.22     Sec. 5.  [CORR02-4] [REPEALER.] 
  4.23     Laws 2002, chapter 291, section 7, is repealed 
  4.24  retroactively from March 26, 2002. 
  4.25     Sec. 6.  [CORR02-5] Laws 2002, chapter 342, section 12, is 
  4.26  amended to read: 
  4.27     Sec. 12.  [EFFECTIVE DATE.] 
  4.28     Section Sections 1 and 8 is are effective January 1, 2003. 
  4.29     Sec. 7.  [CORR02-6] [EFFECTIVE DATES.] 
  4.30     Laws 2002, chapter 220, article 8, sections 12, 13, and 14, 
  4.31  are effective March 1, 2002. 
  4.32     Sec. 8.  [CORR02-8A] 2002 H.F. No. 2498, article 3, section 
  4.33  7, the effective date, if enacted, is amended to read: 
  4.34     [EFFECTIVE DATE.] This section is effective for sales and 
  4.35  purchases made after June 30, 2002.  However, for vending 
  4.36  machine contracts entered into by a school, as defined in 
  5.1   section 120A.05, prior to May 30, 2002, food sales from vending 
  5.2   machines continue to be exempt under this subdivision for one 
  5.3   year after the effective date of the contract until July 1, 2003.
  5.4      Sec. 9.  [CORR02-8B] 2002 H.F. No. 2498, article 4, section 
  5.5   6, the effective date, if enacted, is amended to read: 
  5.6      [EFFECTIVE DATE.] This section is effective for taxes 
  5.7   payable in 2003 2004 and thereafter. 
  5.8      Sec. 10.  [CORR02-8C] Minnesota Statutes 2001 Supplement, 
  5.9   section 273.124, subdivision 11, as amended by 2002 H.F. No. 
  5.10  2498, article 4, section 14, if enacted, is amended to read: 
  5.11     Subd. 11.  [LIMITATION ON HOMESTEAD TREATMENT.] (a) For 
  5.12  taxes payable in 2003 through 2005 only, if the assessor has 
  5.13  classified a property as both homestead and nonhomestead, the 
  5.14  greater of: 
  5.15     (1) the value attributable to the portion of the property 
  5.16  used as a homestead; or 
  5.17     (2) the homestead value amount determined under paragraph 
  5.18  (b), is entitled to assessment as a homestead under section 
  5.19  273.13, subdivision 22 or 23. 
  5.20     (b) For taxes payable in 2003 only, the homestead value 
  5.21  amount is $60,000.  For taxes payable in 2004 only, the 
  5.22  homestead value amount is $45,000.  For taxes payable in 2005 
  5.23  only, the homestead value amount is $30,000. 
  5.24     The homestead value amount must not exceed the property's 
  5.25  taxable market value. 
  5.26     (c) If the assessor has classified a property as both 
  5.27  homestead and nonhomestead, the reductions in tax provided under 
  5.28  sections 273.135 and 273.1391 apply to the value of both the 
  5.29  homestead and the nonhomestead portions of the property. 
  5.30     Sec. 11.  [CORR02-8D] Minnesota Statutes 2000, section 
  5.31  291.03, subdivision 1, as amended by 2002 H.F. No. 2498, article 
  5.32  12, section 12, if enacted, is amended to read: 
  5.33     Subdivision 1.  [TAX AMOUNT.] The tax imposed shall be an 
  5.34  amount equal to the proportion of the maximum credit computed 
  5.35  under section 2011 of the Internal Revenue Code for state death 
  5.36  taxes as the Minnesota gross estate bears to the value of the 
  6.1   federal gross estate.  For a resident decedent, the tax shall be 
  6.2   the maximum credit computed under section 2011 of the Internal 
  6.3   Revenue Code reduced by the amount of the death tax paid the 
  6.4   other state and credited against the federal estate tax if this 
  6.5   results in a larger amount of tax than the proportionate amount 
  6.6   of the credit.  The tax determined under this paragraph shall 
  6.7   not be greater than the federal estate tax computed under 
  6.8   section 2001 of the Internal Revenue Code after the allowance of 
  6.9   the federal credits allowed under sections section 2010, 2012, 
  6.10  2013, and 2015 of the Internal Revenue Code of 1986, as amended 
  6.11  through December 31, 2000. 
  6.12     Sec. 12.  [CORR02-8E] Minnesota Statutes 2001 Supplement, 
  6.13  section 216B.1646, as amended by 2002 H.F. No. 2498, article 4, 
  6.14  section 3, if enacted, is amended to read: 
  6.15     216B.1646 [RATE REDUCTION; PROPERTY TAX REDUCTION.] 
  6.16     (a) The commission shall, by any method the commission 
  6.17  finds appropriate, reduce the rates each electric utility 
  6.18  subject to rate regulation by the commission charges its 
  6.19  customers to reflect, on an ongoing basis, the amount by which 
  6.20  each utility's property tax on the personal property of its 
  6.21  electric system from taxes payable in 2001 to taxes payable in 
  6.22  2002 is reduced.  The commission must ensure that, to the extent 
  6.23  feasible, each dollar of personal property tax reduction 
  6.24  allocated to Minnesota consumers retroactive to January 1, 2002, 
  6.25  results in a dollar of savings to the utility's customers.  A 
  6.26  utility may voluntarily pass on any additional property tax 
  6.27  savings allocated in the same manner as approved by the 
  6.28  commission under this paragraph. 
  6.29     (b) By April 10, 2002, each utility shall submit a filing 
  6.30  to the commission containing: 
  6.31     (1) certified information regarding the utility's property 
  6.32  tax savings allocated to Minnesota retail customers; and 
  6.33     (2) a proposed method of passing these savings on to 
  6.34  Minnesota retail customers. 
  6.35     The utility shall provide the information in clause (1) to 
  6.36  the commissioner of revenue at the same time.  The commissioner 
  7.1   shall notify the commission within 30 days as to the accuracy of 
  7.2   the property tax data submitted by the utility. 
  7.3      (c)  For purposes of this section, "personal property" 
  7.4   means tools, implements, and machinery of the generating plant.  
  7.5   It does not apply to transformers, transmission lines, 
  7.6   distribution lines, or any other tools, implements, and 
  7.7   machinery that are part of an electric substation, wherever 
  7.8   located. 
  7.9      Sec. 13.  [CORR 02-9] 2002 H.F. No. 3618, section 13, 
  7.10  subdivision 7, if enacted, is amended to read: 
  7.11  Subd. 7.  Health, Agriculture, and Human Services 
  7.12  Office and Parking Facilities                               
  7.13  The commissioner of administration may 
  7.14  enter into one or more long-term 
  7.15  lease-purchase agreements with the St. 
  7.16  Paul port authority or any other 
  7.17  governmental entity, for terms of up to 
  7.18  25 years, for the development of office 
  7.19  and parking facilities in St. Paul for 
  7.20  the departments of health, agriculture, 
  7.21  and human services.  The commissioner 
  7.22  must submit each agreement to the 
  7.23  legislative commission on planning and 
  7.24  fiscal policy for its recommendation.  
  7.25  If the commission does not provide the 
  7.26  commissioner with a recommendation 
  7.27  within 30 days of receiving the 
  7.28  agreement, the recommendation is 
  7.29  considered to be positive.  A 
  7.30  recommendation is advisory only.  The 
  7.31  lease-purchase agreements are exempt 
  7.32  from Minnesota Statutes, sections 
  7.33  15.50, subdivision 2, paragraph (e); 
  7.34  and 16B.24, subdivisions 6 and 6a.  The 
  7.35  lease-purchase agreements must not be 
  7.36  terminated except for nonappropriation 
  7.37  of money.  The lease-purchase 
  7.38  agreements must provide the state with 
  7.39  a unilateral right to purchase the 
  7.40  leased premises at specified times for 
  7.41  specified amounts.  The office facility 
  7.42  for the department of human services 
  7.43  must not have more gross square feet of 
  7.44  space than the department occupies as 
  7.45  of the effective date of this section 
  7.46  for offices that will be moved to the 
  7.47  new facility. 
  7.48     Sec. 14.  [EFFECTIVE DATE.] 
  7.49     Unless provided otherwise, each section of this act takes 
  7.50  effect at the time the provision being corrected takes effect.