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Office of the Revisor of Statutes

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.