Office of the Revisor of Statutes
Minnesota Session Laws - 2002, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 400-S.F.No. 2891
An act relating to legislative enactments; correcting
miscellaneous oversights, inconsistencies,
ambiguities, unintended results, and technical errors;
amending Minnesota Statutes 2000, sections 125A.21,
subdivision 2, as amended; 291.03, subdivision 1, as
amended; 317A.021, subdivision 9; Minnesota Statutes
2001 Supplement, sections 216B.1646, as amended;
273.124, subdivision 11, as amended; Laws 2002,
chapter 342, section 12; 2002 S.F. No. 1555, section
2, if enacted; 2002 H.F. No. 2498, article 3, section
7, the effective date, if enacted; 2002 H.F. No. 2498,
article 4, section 6, the effective date, if enacted;
2002 H.F. No. 3618, section 13, subdivision 7, if
enacted; repealing Laws 2002, chapter 291, section 7.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 2000, section 317A.021,
subdivision 9, is amended to read:
Subd. 9. [APPLICABILITY OF OTHER LAWS.] (a) Except as
provided in paragraphs (b) and (c), chapters 300, 316, 317A 317,
and 556 do not apply to corporations.
(b) Sections 300.60, 300.61, and 300.63 apply to
corporations.
(c) This subdivision does not affect the applicability of
chapter 300 to a corporation that elected to reject Laws 1951,
chapter 500, sections 1 to 25.
Sec. 2. [CORR02-1] 2002 S.F. No. 1555, section 2, if
enacted, is amended to read:
Sec. 2. [18C.110] [PREEMPTION OF LOCAL LAW.]
(a) Except as specifically provided in this chapter, a
local unit of government may not adopt or enforce any ordinance,
regulate, or that prohibits or regulates, and may not in any
other way restrict prohibit or regulate, the distribution, sale,
handling, use, or application of phosphorous fertilizers and
phosphorous fertilizer products that are applied or will be
applied to land used for growing crops or any other agricultural
use.
(b) Except as specifically provided in this chapter, a
local unit of government may not adopt or enforce any ordinance
that prohibits or regulates the registration, labeling,
distribution, sale, handling, use, application, or disposal of
turf fertilizer containing phosphorus.
(c) This section does not prohibit a local ordinance that
restricts the sale of turf phosphorous fertilizer that was in
effect on August 1, 2002.
(d) This section does not preempt local authority or
responsibility for zoning, fire codes, or hazardous waste
disposal.
(e) Paragraphs (a) and (d) are effective the day following
final enactment. Paragraphs (b) and (c) are effective January
1, 2004.
Sec. 3. [CORR02-2] Minnesota Statutes 2000, section
125A.21, subdivision 2, as amended by Laws 2002, chapter 294,
section 2, is amended to read:
Subd. 2. [THIRD PARTY REIMBURSEMENT.] (a) Beginning July
1, 2000, districts shall seek reimbursement from insurers and
similar third parties for the cost of services provided by the
district whenever the services provided by the district are
otherwise covered by the child's health coverage. Districts
shall request, but may not require, the child's family to
provide information about the child's health coverage when a
child with a disability begins to receive services from the
district of a type that may be reimbursable, and shall request,
but may not require, updated information after that as needed.
(b) For children enrolled in medical assistance under
chapter 256B or MinnesotaCare under chapter 256L who have no
other health coverage, a district shall provide an initial
written notice to the enrolled child's parent or legal
representative of its intent to seek reimbursement from medical
assistance or MinnesotaCare for the individual education plan
health-related services provided by the district.
(c) The district shall give the parent or legal
representative annual written notice of:
(1) the district's intent to seek reimbursement from
medical assistance or MinnesotaCare for individual education
plan health-related services provided by the district;
(2) the right of the parent or legal representative to
request a copy of all records concerning individual education
plan health-related services disclosed by the district to any
third party; and
(3) the right of the parent or legal representative to
withdraw consent for disclosure of a child's records at any time
without consequence.
The written notice shall be provided as part of the written
notice required by Code of Federal Regulations, title 34,
section 300.503.
(d) In order to access the private health care coverage of
a child who is covered by private health care coverage in whole
or in part, a district must:
(1) obtain annual written informed consent from the parent
or legal representative, in compliance with subdivision 5; and
(2) inform the parent or legal representative that a
refusal to permit the district or state Medicaid agency to
access their private health care coverage does not relieve the
district of its responsibility to provide all services necessary
to provide free and appropriate public education at no cost to
the parent or legal representative.
(e) If the commissioner of human services obtains federal
approval to exempt covered individual education plan
health-related services from the requirement that private health
care coverage refuse payment before medical assistance may be
billed, paragraphs (b), (c), and (d), shall also apply to
students with a combination of private health care coverage and
health care coverage through medical assistance or MinnesotaCare.
(f) In the event that Congress or any federal agency or the
Minnesota legislature or any state agency establishes lifetime
limits, limits for any health care services, cost-sharing
provisions, or otherwise provides that individual education plan
health-related services impact benefits for persons enrolled in
medical assistance or MinnesotaCare, the amendments to this
subdivision adopted in 2002 are repealed on the effective date
of any federal or state law or regulation that imposes the
limits. In that event, districts must obtain informed consent
consistent with this subdivision as it existed prior to the 2002
amendments and subdivision 5, before seeking reimbursement for
children enrolled in medical assistance under chapter 256B or
MinnesotaCare under chapter 256L who have no other health care
coverage.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 4. [CORR02-3] [EFFECTIVE DATE.]
Laws 2002, chapter 333, is effective the day following
final enactment.
Sec. 5. [CORR02-4] [REPEALER.]
Laws 2002, chapter 291, section 7, is repealed
retroactively from March 26, 2002.
Sec. 6. [CORR02-5] Laws 2002, chapter 342, section 12, is
amended to read:
Sec. 12. [EFFECTIVE DATE.]
Section Sections 1 and 8 is are effective January 1, 2003.
Sec. 7. [CORR02-6] [EFFECTIVE DATES.]
Laws 2002, chapter 220, article 8, sections 12, 13, and 14,
are effective March 1, 2002.
Sec. 8. [CORR02-8A] 2002 H.F. No. 2498, article 3, section
7, the effective date, if enacted, is amended to read:
[EFFECTIVE DATE.] This section is effective for sales and
purchases made after June 30, 2002. However, for vending
machine contracts entered into by a school, as defined in
section 120A.05, prior to May 30, 2002, food sales from vending
machines continue to be exempt under this subdivision for one
year after the effective date of the contract until July 1, 2003.
Sec. 9. [CORR02-8B] 2002 H.F. No. 2498, article 4, section
6, the effective date, if enacted, is amended to read:
[EFFECTIVE DATE.] This section is effective for taxes
payable in 2003 2004 and thereafter.
Sec. 10. [CORR02-8C] Minnesota Statutes 2001 Supplement,
section 273.124, subdivision 11, as amended by 2002 H.F. No.
2498, article 4, section 14, if enacted, is amended to read:
Subd. 11. [LIMITATION ON HOMESTEAD TREATMENT.] (a) For
taxes payable in 2003 through 2005 only, if the assessor has
classified a property as both homestead and nonhomestead, the
greater of:
(1) the value attributable to the portion of the property
used as a homestead; or
(2) the homestead value amount determined under paragraph
(b), is entitled to assessment as a homestead under section
273.13, subdivision 22 or 23.
(b) For taxes payable in 2003 only, the homestead value
amount is $60,000. For taxes payable in 2004 only, the
homestead value amount is $45,000. For taxes payable in 2005
only, the homestead value amount is $30,000.
The homestead value amount must not exceed the property's
taxable market value.
(c) If the assessor has classified a property as both
homestead and nonhomestead, the reductions in tax provided under
sections 273.135 and 273.1391 apply to the value of both the
homestead and the nonhomestead portions of the property.
Sec. 11. [CORR02-8D] Minnesota Statutes 2000, section
291.03, subdivision 1, as amended by 2002 H.F. No. 2498, article
12, section 12, if enacted, is amended to read:
Subdivision 1. [TAX AMOUNT.] The tax imposed shall be an
amount equal to the proportion of the maximum credit computed
under section 2011 of the Internal Revenue Code for state death
taxes as the Minnesota gross estate bears to the value of the
federal gross estate. For a resident decedent, the tax shall be
the maximum credit computed under section 2011 of the Internal
Revenue Code reduced by the amount of the death tax paid the
other state and credited against the federal estate tax if this
results in a larger amount of tax than the proportionate amount
of the credit. The tax determined under this paragraph shall
not be greater than the federal estate tax computed under
section 2001 of the Internal Revenue Code after the allowance of
the federal credits allowed under sections section 2010, 2012,
2013, and 2015 of the Internal Revenue Code of 1986, as amended
through December 31, 2000.
Sec. 12. [CORR02-8E] Minnesota Statutes 2001 Supplement,
section 216B.1646, as amended by 2002 H.F. No. 2498, article 4,
section 3, if enacted, is amended to read:
216B.1646 [RATE REDUCTION; PROPERTY TAX REDUCTION.]
(a) The commission shall, by any method the commission
finds appropriate, reduce the rates each electric utility
subject to rate regulation by the commission charges its
customers to reflect, on an ongoing basis, the amount by which
each utility's property tax on the personal property of its
electric system from taxes payable in 2001 to taxes payable in
2002 is reduced. The commission must ensure that, to the extent
feasible, each dollar of personal property tax reduction
allocated to Minnesota consumers retroactive to January 1, 2002,
results in a dollar of savings to the utility's customers. A
utility may voluntarily pass on any additional property tax
savings allocated in the same manner as approved by the
commission under this paragraph.
(b) By April 10, 2002, each utility shall submit a filing
to the commission containing:
(1) certified information regarding the utility's property
tax savings allocated to Minnesota retail customers; and
(2) a proposed method of passing these savings on to
Minnesota retail customers.
The utility shall provide the information in clause (1) to
the commissioner of revenue at the same time. The commissioner
shall notify the commission within 30 days as to the accuracy of
the property tax data submitted by the utility.
(c) For purposes of this section, "personal property"
means tools, implements, and machinery of the generating plant.
It does not apply to transformers, transmission lines,
distribution lines, or any other tools, implements, and
machinery that are part of an electric substation, wherever
located.
Sec. 13. [CORR 02-9] 2002 H.F. No. 3618, section 13,
subdivision 7, if enacted, is amended to read:
Subd. 7. Health, Agriculture, and Human Services
Office and Parking Facilities
The commissioner of administration may
enter into one or more long-term
lease-purchase agreements with the St.
Paul port authority or any other
governmental entity, for terms of up to
25 years, for the development of office
and parking facilities in St. Paul for
the departments of health, agriculture,
and human services. The commissioner
must submit each agreement to the
legislative commission on planning and
fiscal policy for its recommendation.
If the commission does not provide the
commissioner with a recommendation
within 30 days of receiving the
agreement, the recommendation is
considered to be positive. A
recommendation is advisory only. The
lease-purchase agreements are exempt
from Minnesota Statutes, sections
15.50, subdivision 2, paragraph (e);
and 16B.24, subdivisions 6 and 6a. The
lease-purchase agreements must not be
terminated except for nonappropriation
of money. The lease-purchase
agreements must provide the state with
a unilateral right to purchase the
leased premises at specified times for
specified amounts. The office facility
for the department of human services
must not have more gross square feet of
space than the department occupies as
of the effective date of this section
for offices that will be moved to the
new facility.
Sec. 14. [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 May 20, 2002
Signed by the governor May 22, 2002, 1:31 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes