Minnesota Legislature
HF 3450
as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am
KEY: stricken = removed, old language.
underscored = added, new language.
1.1 A bill for an act 1.2 relating to appropriations; making supplemental 1.3 appropriations and reductions; imposing certain 1.4 conditions; changing certain licensing fees; amending 1.5 Minnesota Statutes 1998, sections 16A.67, subdivision 1.6 5; 16A.6701, subdivision 2; 60H.03, by adding a 1.7 subdivision; 97A.475, subdivisions 2, 3, 6, 7, 8, 11, 1.8 12, 13, and 20; 97A.485, subdivision 12; 124D.52, as 1.9 amended; 124D.53, as amended; 181A.12, subdivision 1; 1.10 246.18, subdivision 7; and 349A.10, subdivision 5; 1.11 Minnesota Statutes 1999 Supplement, sections 124D.11, 1.12 subdivision 4; 241.272, subdivision 6; and 256.019; 1.13 Laws 1999, chapters 205, article 1, section 71, 1.14 subdivision 3; article 4, section 12, subdivision 5; 1.15 216, article 1, section 19; 241, article 10, section 1.16 5, subdivision 4; and 250, article 1, section 12, 1.17 subdivision 5. 1.18 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.19 Section 1. [APPROPRIATIONS.] 1.20 The sums shown in the columns marked "APPROPRIATIONS" are 1.21 appropriated from the general fund, or any other fund named, to 1.22 the agencies and for the purposes specified in this act, to be 1.23 available for the fiscal years indicated for each purpose. The 1.24 figures "2000" and "2001" mean that the appropriation or 1.25 appropriations listed under them are available for the fiscal 1.26 year ending June 30, 2000, or June 30, 2001, respectively, and 1.27 if an earlier appropriation was made for that purpose for that 1.28 year, the appropriation in this act is added to it. Where a 1.29 dollar amount appears in parentheses, it means a reduction of an 1.30 earlier appropriation for that purpose for that year. 1.31 APPROPRIATIONS 1.32 Available for the Year 2.1 Ending June 30 2.2 2000 2001 2.3 Sec. 2. COMMISSIONER OF HUMAN 2.4 SERVICES 2.5 Subdivision 1. Total 2.6 Appropriation $ 1,130,000 $ 1,242,000 2.7 Subd. 2. Children's Grants 1,130,000 2,712,000 2.8 Of this appropriation, $674,000 in 2.9 fiscal year 2000 and $1,800,000 in 2.10 fiscal year 2001 is for the adoption 2.11 assistance program under Minnesota 2.12 Statutes, section 259.67, and $456,000 2.13 in fiscal year 2000 and $912,000 in 2.14 fiscal year 2001 is for the relative 2.15 custody assistance program under 2.16 Minnesota Statutes, section 257.85. 2.17 Subd. 3. MA Basic Health Care Grants- 2.18 Families and Children -0- (283,000) 2.19 Subd. 4. Economic Support Grants - 2.20 Assistance to Families Grants -0- (1,187,000) 2.21 Sec. 3. COMMISSIONER OF HEALTH 2.22 Subdivision 1. Total 2.23 Appropriation -0- 790,000 2.24 Subd. 2. Health Systems and 2.25 Special Populations -0- 790,000 2.26 This appropriation is for Minnesota 2.27 Poison Information Centers under 2.28 Minnesota Statutes, section 145.93. 2.29 Sec. 4. HEALTH-RELATED BOARDS 2.30 Subdivision 1. Total 2.31 Appropriation 150,000 -0- 2.32 [STATE GOVERNMENT SPECIAL REVENUE 2.33 FUND.] The appropriation in this 2.34 section is from the state government 2.35 special revenue fund. 2.36 [NO SPENDING IN EXCESS OF REVENUES.] 2.37 The commissioner of finance shall not 2.38 permit the allotment, encumbrance, or 2.39 expenditure of money appropriated in 2.40 this section in excess of the 2.41 anticipated biennial revenues or 2.42 accumulated surplus revenues from fees 2.43 collected by the boards. Neither this 2.44 provision nor Minnesota Statutes, 2.45 section 214.06, applies to transfers 2.46 from the general contingent account. 2.47 Subd. 2. Board of Psychology 150,000 -0- 2.48 This is a one-time appropriation to the 2.49 board for extraordinary legal costs. 2.50 Sec. 5. DEPARTMENT OF AGRICULTURE 2.51 Subdivision 1. Total 2.52 Appropriation 120,000 374,000 3.1 Subd. 2. State Meat 3.2 Inspection Program 120,000 374,000 3.3 Sec. 6. POLLUTION CONTROL AGENCY 3.4 Subdivision 1. Total 3.5 Appropriation 410,000 -0- 3.6 Subd. 2. WIF Construction 3.7 Program Administration 410,000 -0- 3.8 This appropriation is available until 3.9 June 30, 2001. 3.10 Sec. 7. BOARD OF WATER AND 3.11 SOIL RESOURCES 3.12 Subdivision 1. Total 3.13 Appropriation -0- 400,000 3.14 Subd. 2. Professional and 3.15 Technical Services to replace 3.16 wetlands under Minnesota 3.17 Statutes, section 103G.222, 3.18 subdivision 1 -0- 400,000 3.19 Sec. 8. METROPOLITAN COUNCIL 3.20 TRANSIT 3.21 Subdivision 1. Total 3.22 Appropriation -0- 3,700,000 3.23 Subd. 2. Transit Preservation 3.24 and Expansion -0- 3,700,000 3.25 This appropriation is added to the 3.26 appropriation for metropolitan council 3.27 transit in Laws 1999, chapter 238, 3.28 section 3. 3.29 Sec. 9. PUBLIC SAFETY 3.30 Subdivision 1. Total 3.31 Appropriation 3,813,000 -0- 3.32 Subd. 2. Disaster Assistance 3.33 Match 3,813,000 -0- 3.34 For the state match of federal disaster 3.35 assistance funds under Minnesota 3.36 Statutes, section 12.221. This 3.37 appropriation is available to fund 3.38 state obligations incurred through the 3.39 receipt of federal disaster assistance 3.40 grants. This appropriation is added to 3.41 Laws 1999, chapter 216, section 7, 3.42 subdivision 2. 3.43 Sec. 10. NATURAL RESOURCES - 3.44 MILLE LACS TREATY LITIGATION 3,954,463 -0- 3.45 Subdivision 1. $3,954,463 in fiscal 3.46 year 2000 is for the settlement of 3.47 legal costs incurred by the Mille Lacs 3.48 Band, St. Croix Band, Bad River Band, 3.49 Red Cliff Band, Lac du Flambeau Band, 3.50 Sokaogon Chippewa Community, and the 3.51 Lac Courte Oreilles Band related to the 3.52 1837 Treaty litigation. 3.53 Subd. 2. The interest payment on the 4.1 settlement of legal costs contained in 4.2 subdivision 1 is appropriated to the 4.3 commissioner of natural resources for 4.4 fiscal year 2000. The amount of the 4.5 interest payment shall be determined by 4.6 applying an interest amount of $614.30 4.7 for each day beginning December 10, 4.8 1999, through the day of final 4.9 enactment of this bill. 4.10 Sec. 11. MINNEAPOLIS EMPLOYEES 4.11 RETIREMENT FUND (1,334,000) -0- 4.12 This is a one-time reduction for fiscal 4.13 year 2000 only in payments made to the 4.14 Minneapolis employees retirement fund 4.15 under Minnesota Statutes, section 4.16 422A.101, subdivision 3. 4.17 Sec. 12. CAMPAIGN FINANCE AND 4.18 DISCLOSURE BOARD 38,000 -0- 4.19 For legal costs for the board's defense 4.20 of a constitutionality challenge. 4.21 This appropriation does not lapse and 4.22 the unencumbered balance is available 4.23 in 2001. 4.24 Sec. 13. GAMBLING CONTROL 4.25 BOARD 45,000 45,000 4.26 $90,000 is for workers' compensation 4.27 claims. Money not expended in the 4.28 first year is available for expenditure 4.29 in the second year. 4.30 Sec. 14. Laws 1999, chapter 205, article 4, section 12, 4.31 subdivision 5, is amended to read: 4.32 Subd. 5. [ADULT BASIC EDUCATION AID.] For adult basic 4.33 education aid according to Minnesota Statutes, section 124D.52, 4.34 in fiscal year 2000 and Minnesota Statutes, section 124D.53 in 4.35 fiscal year 2001: 4.36 $20,132,000 ..... 2000 4.37$22,477,000$30,238,000 ..... 2001 4.38 The 2000 appropriation includes $1,227,000 for 1999 and 4.39 $18,905,000 for 2000. 4.40 The 2001 appropriation includes $2,101,000 for 2000 and 4.41$20,376,000$28,137,000 for 2001. 4.42 Sec. 15. [APPROPRIATIONS.] 4.43 The sums indicated in this section are appropriated from 4.44 the general fund to the department of children, families, and 4.45 learning for the fiscal year indicated. 4.46 [ADULT BASIC EDUCATION SUPPLEMENTAL 4.47 SERVICES.] For adult basic education 5.1 supplemental services according to 5.2 Minnesota Statutes, section 124D.52, 5.3 subdivision 2, paragraph (b): 5.4 $ 700,000 ..... 2001 5.5 Sec. 16. [ADDITIONAL EARLY CHILDHOOD FAMILY EDUCATION AID; 5.6 FISCAL YEAR 2001.] 5.7 A district that complies with Minnesota Statutes, section 5.8 124D.13, shall receive additional early childhood family 5.9 education aid for fiscal year 2001 equal to $2.46 times the 5.10 greater of: (1) 150; or (2) the number of people under five 5.11 years of age residing in the school district on October 1 of the 5.12 previous school year. The additional early childhood family 5.13 education aid may be used only for early childhood family 5.14 education programs. 5.15 Sec. 17. Laws 1999, chapter 205, article 1, section 71, 5.16 subdivision 3, is amended to read: 5.17 Subd. 3. [EARLY CHILDHOOD FAMILY EDUCATION AID.] For early 5.18 childhood family education aid according to Minnesota Statutes, 5.19 section 124D.135: 5.20$20,485,000$20,083,000 ..... 2000 5.21$19,420,000$21,109,000 ..... 2001 5.22 The 2000 appropriation includes $1,390,000 for 1999 and 5.23$19,095,000$18,693,000 for 2000. 5.24 The 2001 appropriation includes$2,122,000$2,077,000 for 5.25 2000 and$17,298,000$19,032,000 for 2001. 5.26 Any balance in the first year does not cancel but is 5.27 available in the second year. 5.28 Sec. 18. Laws 1999, chapter 216, article 1, section 19, is 5.29 amended to read: 5.30 Sec. 19. ADMINISTRATION3,554,0003,686,000 -0- 5.31 $3,386,000 is to complete design 5.32 documents and site preparation for the 5.33 new facility for the bureau of criminal 5.34 apprehension in St. Paul for which site 5.35 acquisition and preliminary design 5.36 money were appropriated in Laws 1998, 5.37 chapter 404, section 13, subdivision 5.38 11. The commissioner may use a 5.39 design-build method of project 5.40 development and construction for this 5.41 project. The commissioner may award a 5.42 design-build contract on the basis of 5.43 requests for proposals or requests for 6.1 qualifications without bids. This is a 6.2 one-time appropriation. 6.3$168,000$300,000 the first year is for 6.4 the maintenance of the former Minnesota 6.5 correctional facility-Sauk Centre. 6.6 This appropriation is available until 6.7 expended. This is a one-time 6.8 appropriation. 6.9 Sec. 19. Laws 1999, chapter 241, article 10, section 5, 6.10 subdivision 4, is amended to read: 6.11 Subd. 4. [MANAGEMENT AND SUPPORT SERVICES PROGRAM.] (a) 6.12 For the management and support services program in the 6.13 department of children, families, and learning: 6.14 $16,987,000 ..... 2000 6.15$14,421,000$15,921,000 ..... 2001 6.16 (b) Any balance the first year does not cancel but is 6.17 available in the second year. 6.18 (c) $165,000 in 2000 is for the state board of education. 6.19 Any functions of the state board of education that are not 6.20 specifically transferred to another agency are transferred to 6.21 the department of children, families, and learning under 6.22 Minnesota Statutes, section 15.039. For the position that is 6.23 classified, upon transferring the responsibilities, the current 6.24 incumbent is appointed to the classified position without exam 6.25 or probationary period. 6.26 (d) $2,000,000 in 2000 and $1,500,000 in 2001 is for 6.27 litigation costs of the attorney general's office for the 6.28 NAACP/Xiong v. State of Minnesota lawsuit and may only be used 6.29 for those purposes. This is a one-time appropriation. 6.30 Sec. 20. Laws 1999, chapter 250, article 1, section 12, 6.31 subdivision 5, is amended to read: 6.32 Subd. 5. Facilities Management 6.33 11,602,0009,418,00010,686,000 6.34 $5,447,000 the first year and 6.35$5,460,000$6,728,000 the second year 6.36 are for office space costs of the 6.37 legislature and veterans organizations, 6.38 for ceremonial space, and for 6.39 statutorily free space. 6.40 $1,672,000 the first year is to 6.41 demolish the capitol square building 6.42 and restructure the site as a temporary 6.43 parking lot. 7.1 $520,000 the first year is to rebuild 7.2 and upgrade electronic security systems 7.3 in the capitol complex. The 7.4 commissioner shall report on the 7.5 progress of this project to the chairs 7.6 of the legislative committees 7.7 responsible for this budget item by 7.8 January 15, 2000. 7.9 The commissioner of administration 7.10 shall install on the automatically 7.11 operated landscape irrigation system in 7.12 the capitol area a device, commonly 7.13 known as a rain check, to prevent the 7.14 system from being activated when a 7.15 predetermined amount of precipitation 7.16 has accumulated. 7.17 Sec. 21. Minnesota Statutes 1998, section 16A.67, 7.18 subdivision 5, is amended to read: 7.19 Subd. 5. [COVENANTS; AGREEMENTS.] The commissioner may, 7.20 for and on behalf of the state, enter into such covenants and 7.21 agreements not inconsistent with subdivisions 1 to 4 and 7.22 sections 246.18, subdivisions 4 and 6; and 349A.10, subdivision 7.23 5, as may be necessary or desirable to facilitate the sale and 7.24 issuance of the bonds on terms favorable to the state, 7.25 including, but not limited to, covenants and agreements relating 7.26 to the payment of and security for the bonds, tax-exemption, and 7.27 disclosure of information required by federal and state 7.28 securities laws. Such covenants and agreements of the 7.29 commissioner constitute an enforceable contract of the state and 7.30 the state pledges and agrees with the holders of any bonds that 7.31 the state will not limit or alter the rights vested in the 7.32 commissioner to fulfill the terms of any such covenants or 7.33 agreements made with the holders of the bonds, or in any way 7.34 impair the rights and remedies of the holders until the bonds, 7.35 together with the interest thereon, with interest on any unpaid 7.36 installments of interest, and all costs and expenses in 7.37 connection with any action or proceeding by or on behalf of such 7.38 holders, are fully met and discharged. The commissioner is 7.39 authorized to include this pledge and agreement of the state in 7.40 any covenant or agreement with the holders of such bonds. Such 7.41 covenants may not include covenants to continue to operate the 7.42 state lottery but may include covenants to continue to seek 7.43 payment by and reimbursement from nonstate sources of health 8.1 care costs so long as any bonds issued pursuant to this section 8.2 are outstanding. The provisions of sections 16A.672 and 16A.675 8.3 are applicable to the bonds. The commissioner is authorized to 8.4 pay to the United States of America any rebate in the amounts 8.5 and at the times required by the United States Internal Revenue 8.6 Code and treasury regulations promulgated thereunder in order to 8.7 maintain the federal tax exemption of bonds issued under this 8.8 section. 8.9 Sec. 22. Minnesota Statutes 1998, section 16A.6701, 8.10 subdivision 2, is amended to read: 8.11 Subd. 2. [FEES CREDITED TO SPECIAL REVENUE FUND.] During 8.12 any period in which bonds are issued and outstanding under 8.13 section 16A.67, all state license and service fees must be 8.14 credited to the special revenue fund created in section 16A.67, 8.15 subdivision 3. Money credited to the special revenue fund must 8.16 be transferred to the debt service fund established in section 8.17 16A.67, subdivision 4, at the times and in the amounts 8.18 determined by the commissioner of finance to be necessary to 8.19 provide for the payment and security of bonds issued pursuant to 8.20 section 16A.67. On or before the tenth day of each month, any 8.21 money in the special revenue fund not required to be transferred 8.22 to the debt service fund must be transferred to the general 8.23 fund. If bonds are not issued and outstanding under section 8.24 16A.67, all state license and service fees must be credited to 8.25 the general fund. 8.26 Sec. 23. Minnesota Statutes 1998, section 60H.03, is 8.27 amended by adding a subdivision to read: 8.28 Subd. 4. [TERM AND FEES.] The term of a managing general 8.29 agent license issued under this section and the license fees 8.30 imposed are the same as those applicable to a licensed insurance 8.31 agent under chapter 60K. 8.32 Sec. 24. Minnesota Statutes 1998, section 97A.475, 8.33 subdivision 2, is amended to read: 8.34 Subd. 2. [RESIDENT HUNTING.] Fees for the following 8.35 licenses, to be issued to residents only, are: 8.36 (1) for persons under age 65 to take small game,$10$12; 9.1 (2) for persons age 65 or over,$5$6; 9.2 (3) to take turkey,$16$18; 9.3 (4) to take deer with firearms,$22$25; 9.4 (5) to take deer by archery,$22$25; 9.5 (6) to take moose, for a party of not more than six 9.6 persons,$275$310; 9.7 (7) to take bear,$33$38; 9.8 (8) to take elk, for a party of not more than two persons, 9.9$220$250; 9.10 (9) to take antlered deer in more than one zone,$44$50; 9.11 and 9.12 (10) to take Canada geese during a special season,$3$4. 9.13 Sec. 25. Minnesota Statutes 1998, section 97A.475, 9.14 subdivision 3, is amended to read: 9.15 Subd. 3. [NONRESIDENT HUNTING.] Fees for the following 9.16 licenses, to be issued to nonresidents, are: 9.17 (1) to take small game,$56$73; 9.18 (2) to take deer with firearms,$110$125; 9.19 (3) to take deer by archery,$110$125; 9.20 (4) to take bear,$165$195; 9.21 (5) to take turkey,$56$73; 9.22 (6) to take raccoon, bobcat, fox, coyote, or 9.23 lynx,$137.50$155; 9.24 (7) to take antlered deer in more than one zone,$220$250; 9.25 and 9.26 (8) to take Canada geese during a special season,$3$4. 9.27 Sec. 26. Minnesota Statutes 1998, section 97A.475, 9.28 subdivision 6, is amended to read: 9.29 Subd. 6. [RESIDENT FISHING.] Fees for the following 9.30 licenses, to be issued to residents only, are: 9.31 (1) to take fish by angling, for persons under age 9.32 65,$15$16; 9.33 (2) to take fish by angling, for persons age 65 and over, 9.34$5.50$6.50; 9.35 (3) to take fish by angling, for a combined license for a 9.36 married couple,$20.50$25; 10.1 (4) to take fish by spearing from a dark house,$15$16; 10.2 and 10.3 (5) to take fish by angling for a 24-hour period selected 10.4 by the licensee,$8$8.50. 10.5 Sec. 27. Minnesota Statutes 1998, section 97A.475, 10.6 subdivision 7, is amended to read: 10.7 Subd. 7. [NONRESIDENT FISHING.] Fees for the following 10.8 licenses, to be issued to nonresidents, are: 10.9 (1) to take fish by angling,$31$34; 10.10 (2) to take fish by angling limited to seven consecutive 10.11 days selected by the licensee,$21.50$24; 10.12 (3) to take fish by angling for a 72-hour period selected 10.13 by the licensee,$18$20; 10.14 (4) to take fish by angling for a combined license for a 10.15 family,$41.50$46; 10.16 (5) to take fish by angling for a 24-hour period selected 10.17 by the licensee,$8$8.50; and 10.18 (6) to take fish by angling for a combined license for a 10.19 married couple, limited to 14 consecutive days selected by one 10.20 of the licensees,$32$35. 10.21 Sec. 28. Minnesota Statutes 1998, section 97A.475, 10.22 subdivision 8, is amended to read: 10.23 Subd. 8. [MINNESOTA SPORTING.] The commissioner shall 10.24 issue Minnesota sporting licenses to residents only. The 10.25 licensee may take fish by angling and small game. The fee for 10.26 the license is: 10.27 (1) for an individual,$20$23; and 10.28 (2) for a combined license for a married couple to take 10.29 fish and for one spouse to take small game,$27.50$32. 10.30 Sec. 29. Minnesota Statutes 1998, section 97A.475, 10.31 subdivision 11, is amended to read: 10.32 Subd. 11. [FISH HOUSES AND DARK HOUSES; RESIDENTS.] Fees 10.33 for the following licenses are: 10.34 (1) for a fish house or dark house that is not 10.35 rented,$10$11.50; and 10.36 (2) for a fish house or dark house that is rented,$23$26. 11.1 Sec. 30. Minnesota Statutes 1998, section 97A.475, 11.2 subdivision 12, is amended to read: 11.3 Subd. 12. [FISH HOUSES; NONRESIDENT.] Fees for fish house 11.4 licenses for a nonresident are: 11.5 (1) annual,$31.50$33; and 11.6 (2) seven consecutive days,$18.50$19. 11.7 Sec. 31. Minnesota Statutes 1998, section 97A.475, 11.8 subdivision 13, is amended to read: 11.9 Subd. 13. [NETTING WHITEFISH AND CISCOES FOR PERSONAL 11.10 CONSUMPTION.] The fee for a license to net whitefish and ciscoes 11.11 in inland lakes and international waters for personal 11.12 consumption is, for each net,$9$10. 11.13 Sec. 32. Minnesota Statutes 1998, section 97A.475, 11.14 subdivision 20, is amended to read: 11.15 Subd. 20. [TRAPPING LICENSE.] The fee for a license to 11.16 trap fur-bearing animals is: 11.17 (1) for persons over age 13 and under age 18,$5.50$6; and 11.18 (2) for persons age 18 and older,$18$20. 11.19 Sec. 33. Minnesota Statutes 1998, section 97A.485, 11.20 subdivision 12, is amended to read: 11.21 Subd. 12. [YOUTH DEER LICENSE.] The commissioner may, for 11.22 a fee of$5$5.50, issue to a resident under the age of 16 a 11.23 license, without a tag, to take deer with firearms. A youth 11.24 holding a license issued under this subdivision may hunt under 11.25 the license only if accompanied by a licensed hunter who is at 11.26 least 18 years of age and possesses a valid tag. A deer taken 11.27 by a youth holding a license issued under this subdivision must 11.28 be promptly tagged by the licensed hunter accompanying the 11.29 youth. Section 97B.301, subdivision 6, does not apply to a 11.30 youth holding a license issued under this subdivision. 11.31 Sec. 34. [APPROPRIATIONS.] 11.32 Subdivision 1. [OPERATIONS SUPPORT.] (a) $1,565,000 is 11.33 appropriated in fiscal year 2001 from the general fund to the 11.34 commissioner of natural resources for operations support. The 11.35 amount supplants funding from the game and fish fund under 11.36 paragraph (b) for the commissioner's office, human resources, 12.1 and office of management and budget services operations support. 12.2 (b) The appropriation for fiscal year 2001 from the game 12.3 and fish fund in Laws 1999, chapter 231, section 5, subdivision 12.4 9, is reduced by $1,565,000. 12.5 Subd. 2. [FISH AND WILDLIFE MANAGEMENT.] (a) $500,000 is 12.6 appropriated in fiscal year 2001 from the general fund to the 12.7 commissioner of natural resources for fish and wildlife 12.8 management. 12.9 (b) $5,665,000 is appropriated in fiscal year 2001 from the 12.10 game and fish fund to the commissioner of natural resources for 12.11 fish and wildlife management. The appropriation includes the 12.12 $1,565,000 reduced from the operations support budget under 12.13 subdivision 1, paragraph (b). The money is available due to the 12.14 general fund appropriation under subdivision 1, paragraph (a), 12.15 which reduces the obligation of the game and fish fund to 12.16 operations support. 12.17 Sec. 35. [EFFECTIVE DATE.] 12.18 Sections 24 to 33 are effective on March 1, 2001. 12.19 Sec. 36. Minnesota Statutes 1999 Supplement, section 12.20 124D.11, subdivision 4, is amended to read: 12.21 Subd. 4. [BUILDING LEASE AID.] When a charter school finds 12.22 it economically advantageous to rent or lease a building or land 12.23 for any instructional purposes and it determines that the total 12.24 operating capital revenue under section 126C.10, subdivision 13, 12.25 is insufficient for this purpose, it may apply to the 12.26 commissioner for building lease aid for this purpose. Criteria 12.27 for aid approval and revenue uses shall be as defined for the 12.28 building lease levy in section 126C.40, subdivision 1, 12.29 paragraphs (a) and (b). The amount of building lease aid per 12.30 pupil unit served for a charter school for any year shall not 12.31 exceed the lesser of (a) 90 percent of the approved cost or (b) 12.32 the product of the pupil units served for the current school 12.33 year times$1,500$750. 12.34 EFFECTIVE DATE: This section is effective for fiscal years 12.35 beginning with 2000. 12.36 Sec. 37. Minnesota Statutes 1998, section 124D.52, as 13.1 amended by Laws 1999, chapter 205, article 4, sections 3 and 4, 13.2 is amended to read: 13.3 124D.52 [ADULT BASIC EDUCATION.] 13.4 Subdivision 1. [PROGRAM REQUIREMENTS.] An adult basic 13.5 education program is a day or evening program offered by a 13.6 district that is for people over 16 years of age who do not 13.7 attend an elementary or secondary school. The program offers 13.8 academic instruction necessary to earn a high school diploma or 13.9 equivalency certificate. Program content includes basic 13.10 academic skills that are at or below the high school equivalency 13.11 level. The types of curricular programs offered may include 13.12 English as a second language, general educational development 13.13 programming, adult diploma programming, basic skills 13.14 enhancement, basic computer literacy, civics/citizenship 13.15 education, and family literacy programming. Each approved adult 13.16 basic education program must develop a memorandum of 13.17 understanding with the local workforce development centers 13.18 located in the approved program's service delivery area. The 13.19 memorandum of understanding must describe how the adult basic 13.20 education program and the workforce development centers will 13.21 cooperate and coordinate services to provide unduplicated, 13.22 efficient, and effective services to clients. Tuition and fees 13.23 may not be charged to a learner for instruction paid under this 13.24 section, except for a security deposit to assure return of 13.25 materials, supplies, and equipment. 13.26 Subd. 2. [PROGRAM APPROVAL.] (a) To receive aid under this 13.27 section, a district, a consortium of districts, or a private 13.28 nonprofit organization must submit an application by June 1 13.29 describing the program, on a form provided by the department. 13.30 The program must be approved by the commissioner according to 13.31 the following criteria: 13.32 (1) how the needs of differentlevels of learninglearners 13.33 will be met; 13.34 (2) for continuing programs, an evaluation of results; 13.35 (3) anticipated number and education level of participants; 13.36 (4) coordination with other resources and services; 14.1 (5) participation in a consortium, if any, and money 14.2 available from other participants; 14.3 (6) management and program design; 14.4 (7) volunteer training and use of volunteers; 14.5 (8) staff development services; 14.6 (9) program sites and schedules;and14.7 (10) program expenditures that qualify for aid; 14.8 (11) program ability to provide data related to learner 14.9 outcomes as required by law; and 14.10 (12) a copy of the memorandum of understanding described in 14.11 subdivision 1 submitted to the commissioner. 14.12 (b) The commissionermayshall grant adult basic education 14.13 funds toaprivate, nonprofitorganizationorganizations or 14.14 other service providers to provide services that are not offered 14.15 by a district or that are supplemental to a district's program. 14.16 Theprogramprograms provided under this provision must be 14.17 approved and funded according to the same criteria used for 14.18 district programs. The commissioner shall provide statewide 14.19 supplemental services that are designed to gather and analyze 14.20 program outcome and learner follow-up information, increase the 14.21 effectiveness of adult education services, and increase program 14.22 accountability. 14.23 (c) Adult basic education programs may be approved under 14.24 this subdivision for up to five years. Five-year program 14.25 approval must be granted to an applicant who has demonstrated 14.26 the capacity to: 14.27 (1) offer comprehensive learning opportunities and support 14.28 service choices appropriate for and accessible to adults at all 14.29 basic skill need levels; 14.30 (2) provide a participatory and experiential learning 14.31 approach based on the strengths, interests, and needs of each 14.32 adult, that enables adults with basic skill needs to: 14.33 (i) identify, plan for, and evaluate their own progress 14.34 toward achieving their defined educational and occupational 14.35 goals; 14.36 (ii) master the basic academic reading, writing, and 15.1 computational skills, as well as the problem-solving, decision 15.2 making, interpersonal effectiveness, and other life and learning 15.3 skills they need to function effectively in a changing society; 15.4 (iii) locate and be able to use the health, governmental, 15.5 and social services and resources they need to improve their own 15.6 and their families' lives; and 15.7 (iv) continue their education, if they desire, to at least 15.8 the level of secondary school completion, with the ability to 15.9 secure and benefit from continuing education that will enable 15.10 them to become more employable, productive, and responsible 15.11 citizens; 15.12 (3) plan, coordinate, and develop cooperative agreements 15.13 with community resources to address the needs that the adults 15.14 have for support services, such as transportation, flexible 15.15 course scheduling, convenient class locations, and child care; 15.16 (4) collaborate with business, industry, labor unions, and 15.17 employment-training agencies, as well as with family and 15.18 occupational education providers, to arrange for resources and 15.19 services through which adults can attain economic 15.20 self-sufficiency; 15.21 (5) provide sensitive and well trained adult education 15.22 personnel who participate in local, regional, and statewide 15.23 adult basic education staff development events to master 15.24 effective adult learning and teaching techniques; 15.25 (6) participate in regional adult basic education peer 15.26 program reviews and evaluations;and15.27 (7) submit accurate and timely performance and fiscal 15.28 reports; and 15.29 (8) submit accurate and timely reports related to program 15.30 outcomes and learner follow-up information. 15.31 (d) The commissioner shall require each district to provide 15.32 notification by February 1, 2001, of its intent to apply for 15.33 funds under this section as a single district or as part of an 15.34 identified consortium of districts. A district receiving funds 15.35 under this section must notify the commissioner by February 1 of 15.36 its intent to change its application status for applications due 16.1 the following June 1. 16.2 Subd. 3. [ACCOUNTS; REVENUE; AID.] Each district, group of 16.3 districts, or private nonprofit organization providing adult 16.4 basic education programs must establish and maintain accounts 16.5 separate from all other district accounts for the receipt and 16.6 disbursement of all funds related to these programs. All 16.7 revenue received pursuant to this section must be utilized 16.8 solely for the purposes of adult basic education programs. 16.9 Federal and state aidplus levymust not equal more than 100 16.10 percent of the actual cost of providing these programs, 16.11 excluding in-kind costs. 16.12 Subd. 4. [ENGLISH AS A SECOND LANGUAGE PROGRAMS.] Persons 16.13 may teach English as a second language classes conducted at a 16.14 worksite, if they meet the requirements of section 122A.19, 16.15 subdivision 1, clause (a), regardless of whether they are 16.16 licensed teachers. Persons teaching English as a second 16.17 language for an approved adult basic education program must 16.18 possess a bachelor's or master's degree in English as a second 16.19 language, applied linguistics, or bilingual education, or a 16.20 related degree as approved by the commissioner. 16.21 Subd. 5. [BASIC SERVICE LEVEL.] A district, or a 16.22 consortium of districts, with a program approved by the 16.23 commissioner under subdivision 2 must establish, in consultation 16.24 with the commissioner, a basic level of service for every adult 16.25 basic education site in the district or consortium. The basic 16.26 service level must describe minimum levels of academic 16.27 instruction and support services to be provided at each site. 16.28 The program must set a basic service level that promotes 16.29 effective learning and student achievement with measurable 16.30 results. Each district or consortium of districts must submit 16.31 its basic service level to the commissioner for approval. 16.32 Sec. 38. Minnesota Statutes 1998, section 124D.53, as 16.33 amended by Laws 1999, chapter 205, article 4, sections 5 and 6, 16.34 is amended to read: 16.35 124D.53 [ADULT BASIC EDUCATION AID.] 16.36 Subdivision 1.[FULL-TIME EQUIVALENT.] In this section17.1"full-time equivalent" means 408 contact hours for a student at17.2the adult secondary instructional level and 240 contact hours17.3for a student at a lower instructional level. "Full-time17.4equivalent" for an English as a second language student means17.5240 contact hours.[DEFINITIONS.] For purposes of this section, 17.6 the following terms have the meanings given them: 17.7 (a) "First prior program year" means the period from May 1 17.8 of the second prior fiscal year through April 30 of the first 17.9 prior fiscal year. 17.10 (b) "Contact hours" means the number of hours during which 17.11 a student was engaged in learning activities provided by an 17.12 approved adult education program. The commissioner may 17.13 reallocate contact hours among programs to adjust for changes in 17.14 program membership between the first prior program year and the 17.15 current program year. For fiscal year 2000, the commissioner 17.16 may assign contact hours to a program providing statewide 17.17 supplemental services. 17.18 Subd. 2. [PROGRAMS FUNDED.] Adult basic education programs 17.19 established under section 124D.52 and approved by the 17.20 commissioner are eligible for revenue under this section. 17.21 Subd. 3. [AID.] For fiscal year 2000, adult basic 17.22 education aid for each approved program equals$2,295 for fiscal17.23year 2000 and $2,338 for fiscal year 2001 and later fiscal17.24years$1,767 times the number of full-time equivalent students 17.25 in its adult basic education program during the first prior 17.26 program year. For fiscal year 2001 and later, adult basic 17.27 education aid for each approved program equals the sum of: 17.28 (1) the basic population aid under subdivision 7 for 17.29 districts participating in the program during the current 17.30 program year, plus 17.31 (2) 84 percent times the amount computed in subdivision 8, 17.32 paragraph (b), times the ratio of the contact hours for students 17.33 participating in the program during the first prior program year 17.34 to the state total contact hours during the first prior program 17.35 year, plus 17.36 (3) eight percent times the amount computed in subdivision 18.1 8, paragraph (b), times the ratio of the enrollment of students 18.2 with limited English proficiency during the first prior school 18.3 year in districts participating in the program during the 18.4 current program year to the state total enrollment of students 18.5 with limited English proficiency during the first prior school 18.6 year in districts participating in adult basic education 18.7 programs during the current program year, plus 18.8 (4) eight percent times the amount computed in subdivision 18.9 8, paragraph (b), times the ratio of the number of adults aged 18.10 20 or above with no diploma residing in districts participating 18.11 in the program during the current program year according to the 18.12 last federal census to the state total number of adults aged 20 18.13 or above with no diploma residing in districts participating in 18.14 adult basic education programs during the current program year 18.15 according to the last federal census. 18.16 Subd. 5. [AID GUARANTEE.] Notwithstanding subdivisions 3, 18.17 8, and 9, for fiscal year19982001, any adult basic education 18.18 program qualifying for aid under subdivision 3, that receives 18.19 less state aid than in fiscal year19972000 shall receive 18.20 additional aid equal to80 percent ofthe difference between its 18.2119972000 aid andthe amount of aid under Minnesota Statutes18.221997 Supplement, section 124.2601, subdivision 5. For fiscal18.23year 1999, additional aid under this subdivision equals 8018.24percent of the additional aid computed for fiscal year 1998.18.25For fiscal year 2000, the additional aid under this subdivision18.26equals 60 percent of the additional aid computed for fiscal year18.271998. For fiscal year 2001, the additional aid under this18.28subdivision equals 40 percent of the additional aid computed for18.29fiscal year 1998. For fiscal year 2002, the additional aid18.30under this subdivision equals 20 percent of the additional aid18.31computed for fiscal year 1998. For fiscal year 2003 and later,18.32the additional aid under this subdivision equals zeroits 2001 18.33 aid. 18.34 Subd. 7. [BASIC POPULATION AID.] A districtwith a18.35population of less than 30,000is eligible for basic population 18.36 aid if:(1) the district levied for adult basic education for19.1revenue in fiscal year 1999; and (2)the district has a basic 19.2 service level approved by the commissioner under section 19.3 124D.52, subdivision 5, or is a member of a consortium with an 19.4 approved basic service level. Basic population aid is equal to 19.5 the greater of $4,000 or$1$1.80 times the population of the 19.6 district. District population is determined according to 19.7 section 275.14. Aid under this section is in addition to aid 19.8 under subdivision 3 and must be used for sites that meet the 19.9 approved basic service level under section 124D.52, subdivision 19.10 5. 19.11 Subd. 8. [STATE TOTAL ADULT BASIC EDUCATION AID.] (a) The 19.12 state total adult basic education aid for fiscal year 2001 19.13 equals $31,400,000. The state total adult basic education aid 19.14 for later years equals: 19.15 (1) the state total adult basic education aid for the 19.16 preceding fiscal year; times 19.17 (2) the lesser of (i) 1.08, or (ii) the greater of 1.00 or 19.18 the ratio of the state total contact hours in the first 19.19 preceding program year to the state total contact hours in the 19.20 second preceding program year. 19.21 (b) The state total adult basic education aid excluding 19.22 basic population aid equals the difference between the amount 19.23 computed in paragraph (a) and the state total basic population 19.24 aid under subdivision 7. 19.25 Subd. 9. [ADULT BASIC EDUCATION AID LIMIT.] (a) 19.26 Notwithstanding subdivisions 3 and 8, the total adult basic 19.27 education aid for a program per prior year contact hour must not 19.28 exceed four times the rate per prior year contact hour computed 19.29 under subdivision 3, paragraph (b), except that, for a program 19.30 with four or more member school districts and fewer than 2,000 19.31 contact hours, the total adult basic education aid per prior 19.32 year contact hour must not exceed ten times the rate per prior 19.33 year contact hour computed under subdivision 3, clause (2). 19.34 (b) Notwithstanding subdivisions 3 and 8, for fiscal year 19.35 2002 and later, the adult basic education aid for a program, 19.36 adjusted for changes in program membership, must not exceed the 20.1 adult basic education aid for the first preceding fiscal year by 20.2 more than the greater of 20 percent or $20,000. 20.3 Subd. 10. [PAYMENT OF AID TO FISCAL AGENT.] Adult basic 20.4 education aid must be paid directly to the fiscal agent of each 20.5 approved program. An approved program must have only one fiscal 20.6 agent. 20.7 EFFECTIVE DATE: This section is effective for revenue for 20.8 fiscal years beginning with 2001. 20.9 Sec. 39. Minnesota Statutes 1998, section 181A.12, 20.10 subdivision 1, is amended to read: 20.11 Subdivision 1. [FINES; PENALTY.] Any employer who hinders 20.12 or delays the department or its authorized representative in the 20.13 performance of its duties under sections 181A.01 to 181A.12 or 20.14 refuses to admit the commissioner or an authorized 20.15 representative to any place of employment or refuses to make 20.16 certificates or lists available as required by sections 181A.01 20.17 to 181A.12, or otherwise violates any provisions of sections 20.18 181A.01 to 181A.12 or any rules issued pursuant thereto shall be 20.19 assessed a fine to be paid to the commissioner for deposit in 20.20 the general fund. The fine may be recovered in a civil action 20.21 in the name of the department brought in the district court of 20.22 the county where the violation is alleged to have occurred or 20.23 the district court where the commissioner has an office. Fines 20.24 are in the amounts as follows: 20.25 (a) employment of minors under the age of 14 20.26 (each employee)$ 5020.27 $ 500 20.28 (b) employment of minors under the age of 16 20.29 during school hours while school is in session 20.30 (each employee)5020.31 500 20.32 (c) employment of minors under the age of 16 20.33 before 7:00 a.m. (each employee)5020.34 500 20.35 (d) employment of minors under the age of 16 20.36 after 9:00 p.m. (each employee)5021.1 500 21.2 (e) employment of a high school student under 21.3 the age of 18 in violation of section 181A.04, 21.4 subdivision 6 (each employee)10021.5 1,000 21.6 (f) employment of minors under the age of 16 21.7 over eight hours a day (each employee)5021.8 500 21.9 (g) employment of minors under the age of 16 21.10 over 40 hours a week (each employee)5021.11 500 21.12 (h) employment of minors under the age of 18 21.13 in occupations hazardous or 21.14 detrimental to their well-being as defined 21.15 by rule (each employee)10021.16 1,000 21.17 (i) employment of minors under the age of 16 21.18 in occupations hazardous or 21.19 detrimental to their well-being as defined 21.20 by rule (each employee)10021.21 1,000 21.22 (j) minors under the age of 18 injured in 21.23 hazardous employment (each employee)50021.24 5,000 21.25 (k) minors employed without proof of age 21.26 (each employee)2521.27 250 21.28 An employer who refuses to make certificates or lists 21.29 available as required by sections 181A.01 to 181A.12 shall be 21.30 assessed a $500 fine. 21.31 Sec. 40. Minnesota Statutes 1999 Supplement, section 21.32 241.272, subdivision 6, is amended to read: 21.33 Subd. 6. [USE OF FEES.] Excluding correctional fees 21.34 collected from offenders supervised by department agents under 21.35 the authority of section 244.19, subdivision 1, paragraph (a), 21.36 clause (3), all correctional fees collected under this section 22.1 go to the general fund. Fees collected by agents under the 22.2 authority of section 244.19, subdivision 1, paragraph (a), 22.3 clause (3), shall go the county treasurer in the county where 22.4 supervision is provided. These fees may only be used in 22.5 accordance with section 244.18, subdivision 6. 22.6 Sec. 41. Minnesota Statutes 1998, section 246.18, 22.7 subdivision 7, is amended to read: 22.8 Subd. 7. [USE OF CERTAIN REIMBURSEMENT FUNDS.] Except as 22.9 provided in subdivisions 2, 5, and 6, and unless otherwise 22.10 required by federal law, during any period in which bonds are 22.11 issued and outstanding under section 16A.67, all money received 22.12 from the federal government or other nonstate source for payment 22.13 or reimbursement of health care costs incurred at regional 22.14 treatment centers, state nursing homes, and other state 22.15 facilities as defined in section 246.50, subdivision 3, must be 22.16 credited to the special revenue fund created in section 16A.67, 22.17 subdivision 3. Money credited to the special revenue fund must 22.18 be transferred to the debt service fund established in section 22.19 16A.67, subdivision 4, at the times and in the amounts 22.20 determined by order of the commissioner of finance to be 22.21 necessary to provide for the payment and security of bonds 22.22 issued pursuant to section 16A.67. On or before the tenth day 22.23 of each month, any money in the special revenue fund not 22.24 required to be transferred to the debt service fund must be 22.25 transferred to the general fund. Except as provided in 22.26 subdivisions 2, 5, and 6, and unless otherwise required by 22.27 federal law, if bonds are not issued and outstanding under 22.28 section 16A.67, all money received from the federal government 22.29 or other nonstate source for payment or reimbursement of health 22.30 care costs incurred at regional treatment centers, state nursing 22.31 homes, and other state facilities as defined in section 246.50, 22.32 subdivision 3, must be credited to the general fund. 22.33 Sec. 42. Minnesota Statutes 1999 Supplement, section 22.34 256.019, is amended to read: 22.35 256.019 [RECOVERY OF MONEY; APPORTIONMENT.] 22.36 Subdivision 1. [RETENTION RATES.] (a) Whenan amount is23.1recovered from any source for assistancerecovery is both 23.2 collected and posted by a county agency for assistance given 23.3 under the provisions governing public assistance programs 23.4 including the aid to families with dependent children program 23.5 formerly codified in sections 256.72 to 256.87, the cash 23.6 component of MFIP, medical assistance, general assistance 23.7 medical care, emergency assistance, general assistance,and23.8 Minnesota supplemental aid, and food stamps, the county may keep 23.9 one-half of that recoverymade by the county agency using any23.10method other than recoupment. For medical assistance, if the23.11recovery is made by a county agency using any method other than23.12recoupment, the county may keep one-half of the nonfederal share23.13of the recovery. 23.14 (b) Any recovery for which there is a federal claim for 23.15 reimbursement shall result in county retention of one-half of 23.16 the nonfederal share. 23.17 (c) In the food stamp program only, the county shall retain 23.18 the entire federal incentive. 23.19 (d) Collections based on any form of federal tax offset 23.20 program shall be subject to county retention at one-half of the 23.21 rate as established in this subdivision. 23.22 Subd. 2. [EXCEPTIONS.] This does not apply to recoveries 23.23 from medical providers or to recoveries begun by the department 23.24 of human services' surveillance and utilization review division, 23.25 state hospital collections unit, and the benefit recoveries 23.26 division or, by the attorney general's office, or child support 23.27 collections. In the food stamp program, thenonfederal share of23.28recoveries in the federal tax refund offset program (FTROP) only23.29will be divided equally between the state agency and the23.30involvedfederal recovery incentive may be retained by the 23.31 county agency where the recovery is made directly or through the 23.32 Revenue Recapture Act. 23.33 EFFECTIVE DATE: This section is effective January 1, 2001. 23.34 Sec. 43. Minnesota Statutes 1998, section 349A.10, 23.35 subdivision 5, is amended to read: 23.36 Subd. 5. [DEPOSIT OF NET PROCEEDS.] Within 30 days after 24.1 the end of each month, the director shall deposit in the state 24.2 treasury the net proceeds of the lottery, which is the balance 24.3 in the lottery fund after transfers to the lottery prize fund 24.4 and credits to the lottery operations account. Of the net 24.5 proceeds, 40 percent must be credited to the Minnesota 24.6 environment and natural resources trust fund, and during any 24.7 period in which bonds are issued and outstanding under section 24.8 16A.67, the remainder must be credited to the special revenue 24.9 fund created in section 16A.67, subdivision 3, provided that if 24.10 bonds are not issued and outstanding under section 16A.67, such 24.11 remainder must be credited to the general fund. Money credited 24.12 to the special revenue fund must be transferred to the debt 24.13 service fund established in section 16A.67, subdivision 4, at 24.14 the times and in the amounts determined by the commissioner of 24.15 finance to be necessary to provide for the payment and security 24.16 of bonds issued pursuant to section 16A.67. On or before the 24.17 tenth day of each month, any money in the special revenue fund 24.18 not required to be transferred to the debt service fund must be 24.19 transferred to the general fund. 24.20 Sec. 44. [CLARIFICATION; EFFECT ON REPEAL.] 24.21 Laws 1999, chapter 250, article 3, does not repeal rules or 24.22 fees in effect on the day before the effective date of Laws 24.23 1999, chapter 250, article 3. 24.24 Sec. 45. [EFFECTIVE DATE.] 24.25 Except as otherwise provided in this act, this act is 24.26 effective the day after its final enactment.