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Office of the Revisor of Statutes

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

  

                         Laws of Minnesota 1990 

                        CHAPTER 612-H.F.No. 2817 
           An act relating to legislative enactments; providing 
          for the correction of miscellaneous oversights, 
          inconsistencies, ambiguities, unintended results, and 
          technical errors of a noncontroversial nature; 
          amending Minnesota Statutes 1988, sections 252.27, as 
          amended; 290.01, subdivision 6; 343.21, subdivision 
          10, as amended; and 469.005, subdivision 1, as 
          amended; Minnesota Statutes 1989 Supplement, sections 
          62A.316, as amended; 144A.071, subdivision 3, as 
          amended; 308A.621; and 410.32; H.F. No. 2419, article 
          1, sections 23 and 57; H.F. No. 2478, article 3, 
          section 46, subdivision 1; S.F. No. 2621, article 2, 
          section 56; and article 6, section 1, subdivision 1; 
          repealing Minnesota Statutes 1988, section 297A.25, 
          subdivision 45, as amended; Laws 1990, chapter 494, 
          section 1, subdivision 7; H.F. No. 2478, article 9, 
          sections 6, 7, and 12. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1988, section 290.01, 
subdivision 6, is amended to read: 
    Subd. 6.  [TAXPAYER.] The term "taxpayer" means any person 
or corporation subject to a tax imposed by this chapter.  For 
purposes of H.F. No. 2666, article 3, section 28, if enacted, 
the term "taxpayer" means an individual eligible to vote in 
Minnesota under section 201.014. 
    Sec. 2.  Minnesota Statutes 1988, section 343.21, 
subdivision 10, as added by Laws 1990, chapter 387, section 1, 
is amended to read: 
    Subd. 10.  [RESTRICTIONS.] If a person is convicted of 
violating this section, the court may require that a pet or 
companion animal animals, as defined in section 346.36, 
subdivision 6, that is have not been seized by a peace officer 
or agent and are in the custody of the person must be turned 
over to a peace officer or other appropriate officer or agent if 
the court determines that the person is unable or unfit to 
provide adequately for the an animal.  If the evidence indicates 
lack of proper and reasonable care of the an animal, the burden 
is on the person to affirmatively demonstrate by clear and 
convincing evidence that the person is able and fit to have 
custody of and provide adequately for the an animal.  The court 
may limit the person's further possession or custody of the 
animal and other pet or companion animals, and may impose other 
conditions the court considers appropriate, including, but not 
limited to: 
    (1) imposing a probation period during which the person may 
not have ownership, custody, or control of a pet or companion 
animal; 
    (2) requiring periodic visits of the person by an animal 
control officer or agent appointed pursuant to section 343.01, 
subdivision 1; 
    (3) requiring performance by the person of community 
service in a humane facility; and 
    (4) requiring the person to receive behavioral counseling. 
    Sec. 3.  [CORR 2] [OMITTED EFFECTIVE DATE; MOBERG TRAIL.] 
    Laws 1990, chapter 357, is effective the day following 
final enactment of this section. 
    Sec. 4.  [CORR 5] [REGULATED LOANS; NONADJUSTMENT OF DOLLAR 
AMOUNTS.] 
    Notwithstanding section 56.131, subdivision 4, or other law 
to the contrary, the dollar amounts specified in section 56.131, 
subdivision 1, paragraph (a), clause (1), shall not be adjusted 
on July 1, 1990. 
    Sec. 5.  [CORR 6] Minnesota Statutes 1989 Supplement, 
section 62A.316, as amended by Laws 1990, chapter 403, section 
5, is amended to read: 
    62A.316 [BASIC MEDICARE SUPPLEMENT PLAN; COVERAGE.] 
    (a) The basic Medicare supplement plan must have a level of 
coverage that will provide: 
    (1) coverage for all of the Medicare part A inpatient 
hospital coinsurance amounts, and 100 percent of all Medicare 
part A eligible expenses for hospitalization not covered by 
Medicare for the calendar year, after satisfying the Medicare 
part A deductible; 
    (2) coverage for the daily copayment amount of Medicare 
part A eligible expenses for the calendar year incurred for 
skilled nursing facility care; 
    (3) coverage for the 20 percent copayment amount of 
Medicare eligible expenses excluding outpatient prescription 
drugs under Medicare part B regardless of hospital confinement 
for Medicare part B after the Medicare deductible amount; 
    (4) coverage for the reasonable cost of the first three 
pints of blood, or equivalent quantities of packed red blood 
cells as defined under federal regulations under Medicare parts 
A and B, unless replaced in accordance with federal regulations; 
and 
    (5) 100 percent of the cost of immunizations.  
    (b) Only the following optional benefit riders may be added 
to this plan: 
    (1) coverage for all of the Medicare part A inpatient 
hospital deductible amount; 
    (2) a minimum of 80 percent of usual and customary eligible 
medical expenses and supplies not covered by Medicare part B 
eligible expenses.  This does not include outpatient 
prescription drugs; 
    (3) coverage for all of the Medicare part B annual 
deductible; and 
    (4) coverage for at least 50 percent, or the equivalent of 
50 percent, of usual and customary prescription drug expenses. 
    Nothing in this section prohibits the plan from requiring 
that services be received from providers designated as preferred 
providers or participating providers in order to receive 
coverage under optional benefit riders. 
    Sec. 6.  [CORR 9] Minnesota Statutes 1989 Supplement, 
section 144A.071, subdivision 3, as amended by Laws 1990, 
chapter 472, section 1, is amended to read: 
    Subd. 3.  [EXCEPTIONS.] The commissioner of health, in 
coordination with the commissioner of human services, may 
approve the addition of a new certified bed or the addition of a 
new licensed nursing home bed, under the following conditions:  
    (a) to replace a bed decertified after May 23, 1983, or to 
address an extreme hardship situation, in a particular county 
that, together with all contiguous Minnesota counties, has fewer 
nursing home beds per 1,000 elderly than the number that is ten 
percent higher than the national average of nursing home beds 
per 1,000 elderly individuals.  For the purposes of this 
section, the national average of nursing home beds shall be the 
most recent figure that can be supplied by the federal health 
care financing administration and the number of elderly in the 
county or the nation shall be determined by the most recent 
federal census or the most recent estimate of the state 
demographer as of July 1, of each year of persons age 65 and 
older, whichever is the most recent at the time of the request 
for replacement.  In allowing replacement of a decertified bed, 
the commissioners shall ensure that the number of added or 
recertified beds does not exceed the total number of decertified 
beds in the state in that level of care.  An extreme hardship 
situation can only be found after the county documents the 
existence of unmet medical needs that cannot be addressed by any 
other alternatives; 
      (b) to certify a new bed in a facility that commenced 
construction before May 23, 1983.  For the purposes of this 
section, "commenced construction" means that all of the 
following conditions were met:  the final working drawings and 
specifications were approved by the commissioner of health; the 
construction contracts were let; a timely construction schedule 
was developed, stipulating dates for beginning, achieving 
various stages, and completing construction; and all zoning and 
building permits were secured; 
      (c) to certify beds in a new nursing home that is needed in 
order to meet the special dietary needs of its residents, if: 
the nursing home proves to the commissioner's satisfaction that 
the needs of its residents cannot otherwise be met; elements of 
the special diet are not available through most food 
distributors; and proper preparation of the special diet 
requires incurring various operating expenses, including extra 
food preparation or serving items, not incurred to a similar 
extent by most nursing homes; 
      (d) to license a new nursing home bed in a facility that 
meets one of the exceptions contained in clauses (a) to (c); 
      (e) to license nursing home beds in a facility that has 
submitted either a completed licensure application or a written 
request for licensure to the commissioner before March 1, 1985, 
and has either commenced any required construction as defined in 
clause (b) before May 1, 1985, or has, before May 1, 1985, 
received from the commissioner approval of plans for phased-in 
construction and written authorization to begin construction on 
a phased-in basis.  For the purpose of this clause, 
"construction" means any erection, building, alteration, 
reconstruction, modernization, or improvement necessary to 
comply with the nursing home licensure rules; 
      (f) to certify or license new beds in a new facility that 
is to be operated by the commissioner of veterans' affairs or 
when the costs of constructing and operating the new beds are to 
be reimbursed by the commissioner of veterans' affairs or the 
United States Veterans Administration; 
      (g) to license or certify beds in a new facility 
constructed to replace a facility that was destroyed after June 
30, 1987, by fire, lightning, or other hazard provided:  
      (1) destruction was not caused by the intentional act of or 
at the direction of a controlling person of the facility; 
      (2) at the time the facility was destroyed the controlling 
persons of the facility maintained insurance coverage for the 
type of hazard that occurred in an amount that a reasonable 
person would conclude was adequate; 
      (3) the net proceeds from an insurance settlement for the 
damages caused by the hazard are applied to the cost of the new 
facility; 
      (4) the new facility is constructed on the same site as the 
destroyed facility or on another site subject to the 
restrictions in section 144A.073, subdivision 5; and 
      (5) the number of licensed and certified beds in the new 
facility does not exceed the number of licensed and certified 
beds in the destroyed facility; 
      (h) to license or certify beds that are moved from one 
location to another within a nursing home facility, provided the 
total costs of remodeling performed in conjunction with the 
relocation of beds does not exceed ten percent of the appraised 
value of the facility or $200,000, whichever is less, or to 
license or certify beds in a facility for which the total costs 
of remodeling or renovation exceed ten percent of the appraised 
value of the facility or $200,000, whichever is less, if the 
facility makes a written commitment to the commissioner of human 
services that it will not seek to receive an increase in its 
property-related payment rate by reason of the remodeling or 
renovation; 
      (i) to license or certify beds in a facility that has been 
involuntarily delicensed or decertified for participation in the 
medical assistance program, provided that an application for 
relicensure or recertification is submitted to the commissioner 
within 120 days after delicensure or decertification; 
      (j) to license or certify beds in a project recommended for 
approval by the interagency board for quality assurance under 
section 144A.073; 
     (k) to license nursing home beds in a hospital facility 
that are relocated from a different hospital facility under 
common ownership or affiliation, provided:  (1) the nursing home 
beds are not certified for participation in the medical 
assistance program; and (2) the relocation of nursing home beds 
under this clause should not exceed a radius of six miles; 
      (1) to license or certify beds that are moved from one 
location to another within an existing identifiable complex of 
hospital buildings, from a hospital-attached nursing home to the 
hospital building, or from a separate nursing home to a building 
formerly used as a hospital, provided the original nursing home 
building will no longer be operated as a nursing home and the 
building to which the beds are moved will no longer be operated 
as a hospital.  As a condition of receiving a license or 
certification under this clause, the facility must make a 
written commitment to the commissioner of human services that it 
will not seek to receive an increase in its property-related 
payment rate as a result of the relocation.  At the time of the 
licensure and certification of the nursing home beds, the 
commissioner of health shall delicense the same number of acute 
care beds within the existing complex of hospital buildings or 
building.  Relocation of nursing home beds under this clause is 
subject to the limitations in section 144A.073, subdivision 5; 
      (m) to license or certify beds that are moved from an 
existing state nursing home to a different state facility, 
provided there is no net increase in the number of state nursing 
home beds; 
      (n) to license new nursing home beds in a continuing care 
retirement community affiliated with a national referral center 
engaged in substantial programs of patient care, medical 
research, and medical education meeting state and national needs 
that receives more than 40 percent of its residents from outside 
the state for the purpose of meeting contractual obligations to 
residents of the retirement community, provided the facility 
makes a written commitment to the commissioner of human services 
that it will not seek medical assistance certification for the 
new beds; 
      (o) to certify or license new beds in a new facility on the 
Red Lake Indian reservation for which payments will be made 
under the Indian Health Care Improvement Act, Public Law Number 
94-437, at the rates specified in United States Code, title 42, 
section 1396d(b); 
      (p) to certify and license as nursing home beds boarding 
care beds in a certified boarding care facility if the beds meet 
the standards for nursing home licensure and if the cost of any 
remodeling of the facility does not exceed ten percent of the 
appraised value of the facility or $200,000, whichever is less.  
If boarding care beds are licensed as nursing home beds, the 
number of boarding care beds in the facility must not increase 
in the future.  The provisions contained in section 144A.073 
regarding the upgrading of the facilities do not apply to 
facilities that satisfy these requirements; 
    (q) to license and certify up to 40 beds transferred from 
an existing facility owned and operated by the Amherst H. Wilder 
Foundation in the city of Saint Paul to a new unit at the same 
location as the existing facility that will serve persons with 
Alzheimer's disease and other related disorders.  The transfer 
of beds may occur gradually or in stages, provided the total 
number of beds transferred does not exceed 40.  At the time of 
licensure and certification of a bed or beds in the new unit, 
the commissioner of health shall delicense and decertify the 
same number of beds in the existing facility.  As a condition of 
receiving a license or certification under this clause, the 
facility must make a written commitment to the commissioner of 
human services that it will not seek to receive an increase in 
its property-related payment rate as a result of the transfers 
allowed under this clause; 
    (r) to license and certify nursing home beds to replace 
currently licensed and certified boarding care beds which may be 
located either in a remodeled or renovated boarding care or 
nursing home facility or in a remodeled, renovated, newly 
constructed, or replacement nursing home facility within the 
identifiable complex of health care facilities in which the 
currently licensed boarding care beds are presently located, 
provided that the number of boarding care beds in the facility 
or complex are decreased by the number to be licensed as nursing 
home beds and further provided that, if the total costs of new 
construction, replacement, remodeling, or renovation exceed ten 
percent of the appraised value of the facility or $200,000, 
whichever is less, the facility makes a written commitment to 
the commissioner of human services that it will not seek to 
receive an increase in its property-related payment rate by 
reason of the new construction, replacement, remodeling, or 
renovation.  The provisions contained in section 144A.073 
regarding the upgrading of facilities do not apply to facilities 
that satisfy these requirements; or 
    (s) to license or certify beds that are moved from a 
nursing home to a separate facility under common ownership or 
control that was formerly licensed as a hospital and is 
currently licensed as a nursing facility and that is located 
within eight miles of the original facility, provided the 
original nursing home building will no longer be operated as a 
nursing home.  As a condition of receiving a license or 
certification under this clause, the facility must make a 
written commitment to the commissioner of human services that it 
will not seek to receive an increase in its property-related 
payment rate as a result of the relocation. 
    Sec. 7.  [CORR 10] Minnesota Statutes 1989 Supplement, 
section 308A.621, is amended to read: 
    308A.621 [CERTIFICATION OF MAILED MEETING NOTICE.] 
    (a) After mailing special or regular members' meeting 
notices, the secretary shall execute a certificate containing: 
    (1) a correct copy of the mailed or published notice; 
    (2) the date of mailing or publishing the notice; and 
    (3) a statement that the special or regular members' 
meeting notices were mailed or published as prescribed by this 
section 308A.611, subdivision 5, or 308A.615, subdivision 2.  
    (b) The certificate shall be made a part of the record of 
the meeting. 
    Sec. 8.  [CORR 12] Minnesota Statutes 1988, section 
469.005, subdivision 1, as amended by Laws 1990, chapter 532, 
section 5, is amended to read: 
    Subdivision 1.  [COUNTY AND MULTICOUNTY AUTHORITIES.] The 
area of operation of a county authority shall include all of the 
county for which it is created, and in case of a multicounty 
authority, it shall include all of the political subdivisions 
for which the multicounty authority is created; provided, that a 
county authority or a multicounty authority shall not undertake 
any project within the boundaries of any city which has not 
empowered the authority to function therein as provided in 
section 469.004 unless a resolution has been adopted by the 
governing body of the city, and by any authority which has been 
established in the city, declaring that there is a need for the 
county or multicounty authority to exercise its powers in the 
city.  After a resolution is adopted, individual project 
approval is not required for a section 8 program.  A resolution 
is not required for the operation of a section 8 program.  
    Sec. 9.  [CORR 14] [REPEALER.] 
    Laws 1990, chapter 494, section 1, subdivision 7, is 
repealed. 
    Sec. 10.  [CORR 15] [CORRECTION.] H.F. No. 2419, article 1, 
section 23, if enacted in 1990, is amended to read: 
     Sec. 23.  OFFICE OF WASTE MANAGEMENT 
(a) General Reduction                  (200,000)       (414,000)
(b) This reduction is from the                       (1,234,000)
SCORE grants to counties identified in 
Laws 1989, First Special Session 
chapter 1, article 24, section 2.  
(c) This appropriation is for the                       285,000
capital assistance program.  
The agency's authorized complement 
is increased by seven positions for 
administration of the capital 
assistance program. 
(d) Notwithstanding any other law to 
the contrary, any outstanding 
obligations that may be held in St. 
Louis county for grants and loans 
issued to the county for construction 
or operation of the Babbitt waste tire 
facility under Minnesota Statutes 1986, 
section 116M.07; Minnesota Statutes, 
section 115A.54, subdivision 2a; or 
298.22; or, Minnesota Rules, parts 
8300.3881 to 8300.3090, shall be 
suspended until June 30, 1993. 
    Sec. 11.  [CORR 16] Senate File 2621, article 2, section 
56, if enacted in 1990, is amended to read: 
    Sec. 56.  Minnesota Statutes 1988, section 252.27, as 
amended by Laws 1989, chapter 282, article 2, section 92, is 
amended to read: 
    252.27 [PARENTAL CONTRIBUTION FOR THE COST OF CHILDREN'S 
SERVICES.] 
    Subdivision 1.  [COUNTY RESPONSIBILITY.] Whenever any child 
who has mental retardation or a related condition, or a physical 
or emotional handicap is in 24-hour care outside the home 
including respite care, in a facility licensed by the 
commissioner of human services, the cost of services shall be 
paid by the county of financial responsibility determined 
pursuant to chapter 256G.  If the child's parents or guardians 
do not reside in this state, the cost shall be paid by the 
responsible governmental agency in the state from which the 
child came, by the parents or guardians of the child if they are 
financially able, or, if no other payment source is available, 
by the commissioner of human services.  
    Subd. 1a.  [DEFINITIONS.] A person has a "related 
condition" if that person has a severe, chronic disability that 
is (a) attributable to cerebral palsy, epilepsy, autism, 
Prader-Willi syndrome, or any other condition, other than mental 
illness, found to be closely related to mental retardation 
because the condition results in impairment of general 
intellectual functioning or adaptive behavior similar to that of 
persons with mental retardation or requires treatment or 
services similar to those required for persons with mental 
retardation; (b) is likely to continue indefinitely; and (c) 
results in substantial functional limitations in three or more 
of the following areas of major life activity:  self-care, 
understanding and use of language, learning, mobility, 
self-direction, or capacity for independent living.  For the 
purposes of this section, a child has an "emotional handicap" if 
the child has a psychiatric or other emotional disorder which 
substantially impairs the child's mental health and requires 
24-hour treatment or supervision. 
    Subd. 2.  [PARENTAL RESPONSIBILITY.] Responsibility of the 
parents for the cost of services shall be based upon ability to 
pay.  The state agency shall adopt rules to determine 
responsibility of the parents for the cost of services when: 
    (a) Insurance or other health care benefits pay some but 
not all of the cost of services; and 
    (b) No insurance or other health care benefits are 
available.  
    Subd. 2a.  [CONTRIBUTION AMOUNT.] (a) The natural or 
adoptive parents of a minor child, including a child determined 
eligible for medical assistance without consideration of 
parental income, must contribute monthly to the cost of 
services, unless the child is married or has been married, 
parental rights have been terminated, or the child's adoption is 
subsidized according to section 259.40 or through title IV-E of 
the Social Security Act. 
    (b) The parental contribution equals the following 
percentage of that portion of the income of the natural or 
adoptive parents that exceeds 200 percent of the federal poverty 
guidelines for the applicable household size: 
        Adjusted Gross         Percentage contribution
            Income         exceeding 200 percent of poverty
        Under $40,000                      0
     $40,000 to Under $49,999             10 
     $50,000 to $59,999                   12 
     $60,000 to $74,999                   14 
       $75,000 or more                    15
    If the child lives with the parent, the parental 
contribution is reduced by $200.  If the child resides in an 
institution specified in section 256B.35, the parent is 
responsible for the personal needs allowance specified under 
that section in addition to the parental contribution determined 
under this section.  The parental contribution is reduced by any 
amount required to be paid directly to the child pursuant to a 
court order, but only if actually paid. 
    (c) The household size to be used in determining the amount 
of contribution under paragraph (b) includes natural and 
adoptive parents and their dependents under age 21, including 
the child receiving services.  Adjustments in the contribution 
amount due to annual changes in the federal poverty guidelines 
shall be implemented on the first day of July following 
publication of the changes. 
    (d) For purposes of paragraph (b), "income" means the 
adjusted gross income of the natural or adoptive parents 
determined according to the previous year's federal tax form. 
    (e) The contribution shall be explained in writing to the 
parents at the time eligibility for services is being 
determined.  The contribution shall be made on a monthly basis 
effective with the first month in which the child receives 
services.  Annually upon redetermination or at termination of 
eligibility, if the contribution exceeded the cost of services 
provided, the local agency or the state shall reimburse that 
excess amount to the parents, either by direct reimbursement if 
the parent is no longer required to pay a contribution, or by a 
reduction in or waiver of parental fees until the excess amount 
is exhausted. 
    (f) The monthly contribution amount must be reviewed at 
least every 12 months; when there is a change in household size; 
and when there is a loss of or gain in income from one month to 
another in excess of ten percent.  The local agency shall mail a 
written notice 30 days in advance of the effective date of a 
change in the contribution amount.  A decrease in the 
contribution amount is effective in the month that the parent 
verifies a reduction in income or change in household size. 
    (g) Parents of a minor child who do not live with each 
other shall each pay the contribution required under paragraph 
(a), except that a court-ordered child support payment actually 
paid on behalf of the child receiving services shall be deducted 
from the contribution of the parent making the payment. 
    (h) The contribution under paragraph (b) shall be increased 
by an additional five percent if the local agency determines 
that insurance coverage is available but not obtained for the 
child.  For purposes of this section, "available" means the 
insurance is a benefit of employment for a family member at an 
annual cost of no more than five percent of the family's annual 
income.  For purposes of this section, insurance means health 
and accident insurance coverage, enrollment in a nonprofit 
health service plan, health maintenance organization, 
self-insured plan, or preferred provider organization. 
    Parents who have more than one child receiving services 
shall not be required to pay more than the amount for the child 
with the highest expenditures.  There shall be no resource 
contribution from the parents.  The parent shall not be required 
to pay a contribution in excess of the cost of the services 
provided to the child, not counting payments made to school 
districts for education-related services.  Notice of an increase 
in fee payment must be given at least 30 days before the 
increased fee is due.  
    Subd. 2b.  [CHILD'S RESPONSIBILITY.] Responsibility of the 
child for the cost of care shall be up to the maximum amount of 
the total income and resources attributed to the child except 
for the clothing and personal needs allowance as provided in 
section 256B.35, subdivision 1.  Reimbursement by the parents 
and child shall be made to the county making any payments for 
services.  The county board may require payment of the full cost 
of caring for children whose parents or guardians do not reside 
in this state. 
    To the extent that a child described in subdivision 1 is 
eligible for benefits under chapter 62A, 62C, 62D, 62E, or 64B, 
the county is not liable for the cost of services.  
    Subd. 2c.  [APPEALS.] A parent may appeal the determination 
of an obligation to make a contribution under this section, 
according to section 256.045. 
    Subd. 3.  [CIVIL ACTIONS.] If the parent fails to make 
appropriate reimbursement as required in subdivision 2a and 2b, 
the attorney general, at the request of the commissioner, may 
institute or direct the appropriate county attorney to institute 
civil action to recover the required reimbursement. 
    Subd. 4.  [ORDER OF PAYMENT.] If the parental contribution 
is for reimbursement for the cost of services to both the local 
agency and the medical assistance program, the local agency 
shall be reimbursed for its expenses first and the remainder 
must be deposited in the medical assistance account. 
    Sec. 12.  [CORR 17] 
    Subdivision 1.  [REPEALER.] H.F. No. 2478, article 9, 
section 6, if enacted in 1990, is repealed.  The section amended 
by H.F. No. 2478, article 9, section 6, remains in effect. 
    Subd. 2.  [REPEALER.] H.F. No. 2478, article 9, section 7, 
if enacted in 1990, is repealed.  The section amended by H.F. 
No. 2478, article 9, section 7, remains in effect. 
    Subd. 3.  [REPEALER.] H.F. No. 2478, article 9, section 12, 
if enacted in 1990, is repealed.  The law amended by H.F. No. 
2478, article 9, section 12, remains in effect. 
    Subd. 4.  [EFFECTIVE DATE.] Subdivisions 1 to 3 are 
effective July 1, 1990. 
    Sec. 13.  [CORR 18] 
    Subdivision 1.  [REPEALER.] Minnesota Statutes 1988, 
section 297A.25, subdivision 45, as added in H.F. No. 2478, 
article 6, section 5, if enacted, is repealed.  
    Subd. 2.  [EFFECTIVE DATE.] This section is effective the 
day following final enactment for transactions occurring on or 
after December 31, 1989. 
    Sec. 14.  [CORR 19] [CORRECTION.] H.F. No. 2419, article 1, 
section 57, if enacted in 1990, is amended to read: 
    Sec. 57.  Minnesota Statutes 1988, section 116P.11, is 
amended to read: 
    116P.11 [AVAILABILITY OF FUNDS FOR DISBURSEMENT.] 
    (a) The amount biennially available from the trust fund for 
the budget plan developed by the commission consists of the 
interest earnings generated from the trust fund. 
    (b) For funding projects through fiscal year 1997, the 
following additional amounts are available from the trust fund 
for the budget plans developed by the commission:  
    (1) for the 1991-1993 biennium, up to 25 percent of the 
revenue deposited in the trust fund in fiscal years 1990 and 
1991; 
    (2) for the 1993-1995 biennium, up to 20 percent of the 
revenue deposited in the trust fund in fiscal year 1991 1992 and 
up to 15 percent of the revenue deposited in the fund in fiscal 
year 1992 1993; and 
    (3) for the 1995-1997 biennium, up to ten percent of the 
revenue deposited in the fund in fiscal year 1993 1994 and up to 
five percent of the revenue deposited in the fund in fiscal year 
1994 1995. 
    (c) Any appropriated funds not encumbered in the biennium 
in which they are appropriated cancel and must be credited to 
the principal of the trust fund. 
    Sec. 15. [CORR 20] Subdivision 1.  [AUTHORIZATION.] 
Minnesota Statutes 1989 Supplement, section 410.32, is amended 
to read: 
    410.32 [CITIES AUTHORIZED TO ISSUE CAPITAL NOTES FOR 
CERTAIN EQUIPMENT ACQUISITIONS.] 
    Notwithstanding any contrary provision of other law or 
charter, a home rule charter city may, by resolution and without 
public referendum, issue capital notes subject to the city debt 
limit to purchase public safety equipment, ambulance and other 
medical equipment, road construction and maintenance equipment, 
and other capital equipment having an expected useful life at 
least as long as the term of the notes.  The notes shall be 
payable in not more than five years and be issued on terms and 
in the manner the city determines.  The total principal amount 
of the capital notes issued in a fiscal year shall not exceed 
0.03 percent of the market value of taxable property in the city 
for that year.  A tax levy shall be made for the payment of the 
principal and interest on the notes, in accordance with section 
475.61, as in the case of bonds.  Notes issued under this 
section shall require an affirmative vote of two-thirds of the 
governing body of the city.  Unless prohibited by its charter 
Notwithstanding a contrary provision of other law or charter, a 
home rule charter city may also issue capital notes subject to 
its debt limit in the manner and subject to the limitations 
applicable to statutory cities pursuant to section 412.301. 
    Subd. 2.  [EFFECTIVE DATE.] Subdivision 1 is effective the 
day following final enactment. 
    Sec. 16. [CORR 21] Subdivision 1.  [MANUFACTURED HOME 
PARKS.] H.F. No. 2478, article 3, section 46, subdivision 1, if 
enacted in 1990, is amended to read: 
    Subdivision 1.  [LIMITED VALUATION INCREASE.] (a) 
Notwithstanding Minnesota Statutes, section 273.11, or any other 
law to the contrary, the estimated market value of a 
manufactured home park, as defined in section 327.14, 
subdivision 3, and assessed under section 273.13, subdivision 
25, for taxes levied in 1990, may not exceed 133-1/3 percent of 
its estimated market value for taxes levied in 1989 as limited 
by Laws 1989, First Special Session chapter 1, article 3, 
section 32, subdivision 1.  The excess market value must be 
entered equally in the next two succeeding assessment years. The 
increase in the estimated market value of a manufactured home 
park, as defined in section 327.14, subdivision 3, and assessed 
under section 273.13, subdivision 25, for taxes levied in 1990, 
1991, and 1992 shall be computed as follows:  one-third of the 
difference between its market value for taxes levied in 1989 as 
limited by Laws 1989, 1st Special Session chapter 1, article 3, 
section 32, subdivision 1, and its unlimited market value for 
taxes levied in 1990 shall be added to its limited market value 
for the prior year in each of the three years.  In addition, for 
any increase in market value subsequent to taxes levied in 1990, 
all of that increase shall be added to the prior year's limited 
market value after the adjustment in the prior sentence. 
    (b) This subdivision does not apply to increases in value 
attributable to improvements made to the real estate since the 
January 2, 1989, assessment.  It does not apply to property 
becoming subject to taxation since the January 2, 1989, 
assessment.  The limitation in this subdivision applies to any 
increase in valuation imposed by the local boards of review 
under section 274.01, the county boards of equalization under 
section 274.13, and the state board of equalization and the 
commissioner of revenue under sections 270.11, 270.12, and 
270.16. 
    Subd. 2.  [EFFECTIVE DATE.] Subdivision 1 is effective at 
the same time H.F. No. 2478, article 3, section 46, is effective.
    Sec. 17.  [CORR 23] Subdivision 1.  [CORRECTION.] S.F. No. 
2621, article 6, section 1, subdivision 1, if enacted in 1990, 
is amended to read: 
    Subdivision 1.  [DETERMINATION AND COLLECTION OF SPECIAL 
ASSESSMENT.] (a) In addition to all other contributions, 
assessments and payment obligations under chapter 268, each 
employer, except an employer making payments in lieu of 
contributions under section 268.06, subdivision 25, 26, 27, or 
28, is liable for a special assessment levied at the rate of 
one-tenth of one percent per year on all wages for purposes of 
the contribution payable under section 268.06, subdivision 2, as 
defined in section 268.04, subdivision 25.  Such assessment 
shall become due and be paid by each employer to the department 
of jobs and training on the same schedule and in the same manner 
as other contributions required by section 268.06. 
    (b) The special assessment levied under this section shall 
not affect the computation of any other contributions, 
assessments, or payment obligations due under this chapter. 
    Subd. 2.  [EFFECTIVE DATE.] Subdivision 1 is effective at 
the same time S.F. No. 2621, article 6, section 1, is effective. 
    Sec. 18.  [INCORRECT EFFECTIVE DATE.] 
    The increases in district court and conciliation court 
filing fees in 1990 H.F. No. 2419, article 1, sections 72 and 
73, and the repeal of Minnesota Statutes, section 480.241, in 
section 81, are effective July 1, 1990, not the day after final 
enactment.  
    Sec. 19.  [INCORRECT REFERENCE.] 
    The appropriation in 1990 H.F. No. 2651, article 1, section 
20, subdivision 3, to the commissioner of natural resources must 
be spent for the reinvest in Minnesota resources program under 
Minnesota Statutes, section 84.95, subdivision 2, for fish and 
wildlife land acquisition and development, not under Minnesota 
Statutes, sections 40.40 to 40.45.  
    Sec. 20.  [INCORRECT REFERENCE.] 
    The appropriation in 1990 H.F. No. 2651, article 1, section 
24, item (c), is for payment by the commissioner of trade and 
economic development, not the commissioner of energy and 
economic development.  
    Sec. 21.  [EFFECTIVE DATE.] 
    Unless provided otherwise, the sections of this act that 
amend other 1990 enactments take effect on the same dates as the 
enactments that they amend. 
    Presented to the governor April 28, 1990 
    Signed by the governor May 8, 1990, 9:17 p.m.