1.1 A bill for an act
1.2 relating to state government; appropriating money for
1.3 jobs and economic development, environment, natural
1.4 resources, agriculture, criminal justice, state
1.5 government, health, and human services; modifying term
1.6 limit provisions for the rehabilitation advisory
1.7 council for the blind; modifying a match requirement
1.8 for the Judy Garland museum; exempting certain
1.9 individuals from certain unemployment insurance
1.10 additional benefits requirements; authorizing certain
1.11 school food service workers to use wage credits earned
1.12 for benefit purposes; exempting the jobs skills
1.13 partnership board from certain state contracting
1.14 requirements; modifying certain fees; providing for
1.15 the expiration of securities filings; providing for a
1.16 refund of certain excess securities fees; authorizing
1.17 the rural policy and development center board to
1.18 appoint additional members; authorizing the job skills
1.19 partnership board to make certain grants; authorizing
1.20 the Minnesota state colleges and universities board to
1.21 make certain investments; increasing certain
1.22 penalties; providing certain rights to next of kin of
1.23 a deceased employee; extending the expiration date of
1.24 the legislative electric energy task force; modifying
1.25 provisions relating to renewable energy incentive
1.26 payments; setting a goal for the department of
1.27 economic security; increasing grant limits; modifying
1.28 unemployment benefit eligibility; modifying a
1.29 dislocated worker grant provision; codifying
1.30 electrical inspection fee provisions; extending sunset
1.31 date for board of boxing; transferring boxing
1.32 regulation to the board of health; authorizing a
1.33 study; modifying unclaimed property provisions;
1.34 extending the time a grant is available; canceling
1.35 certain appropriations; reducing appropriations to the
1.36 department of commerce; modifying agricultural
1.37 licensing fees; changing certain agricultural chemical
1.38 reimbursement and ethanol producer payment provisions;
1.39 modifying provisions relating to rural finance
1.40 authority; creating the agroforestry loan program;
1.41 creating certain recreation areas; modifying natural
1.42 resources funding formulas; modifying state trail and
1.43 park provisions; modifying drainage authority funding
1.44 sources; modifying storage tank provisions; modifying
1.45 certain resource recovery facility provisions;
1.46 modifying provisions relating to state land transfers;
2.1 creating an agricultural land set-aside program;
2.2 increasing criminal penalty fines; requiring a study
2.3 on issues related to providing shelter for victims of
2.4 domestic violence; authorizing local road authorities
2.5 to provide by ordinance for designation of pedestrian
2.6 safety crossings on highways under certain
2.7 circumstances; establishing a capitol complex
2.8 oversight committee consisting of legislative and
2.9 executive agency members to plan and oversee security
2.10 in the capitol complex area; requiring the Minnesota
2.11 safety council to enhance its crosswalk safety
2.12 awareness program; authorizing the council to make
2.13 grants to local units of government for enhancing
2.14 enforcement of pedestrian safety laws; establishing a
2.15 joint domestic abuse prosecution unit to be
2.16 administered by the Ramsey county attorney's office
2.17 and St. Paul city attorney office; establishing a
2.18 grant program for peace officer education to combat
2.19 juvenile prostitution; requiring the commissioner of
2.20 public safety to develop an automobile theft
2.21 prevention program; requiring the commissioner of
2.22 corrections to develop a uniform method to calculate
2.23 per diem cost of incarcerating offenders at state
2.24 adult correctional facilities; adopting a formula that
2.25 requires counties and the state to share costs of
2.26 confinement at Minnesota correctional facility-Red
2.27 Wing; authorizing the commissioner of corrections to
2.28 make juvenile residential treatment grants; requiring
2.29 placement of juveniles at Red Wing if admission
2.30 criteria are met unless the court finds the safety of
2.31 the child or community can best be met in an
2.32 out-of-state facility; requiring mandatory commitment
2.33 to the commissioner of corrections of certain
2.34 juveniles who have refused or failed to complete sex
2.35 offender or chemical treatment programs; authorizing
2.36 conveyance of state land for regional jail programs;
2.37 modifying provisions relating to state government
2.38 operations; reducing the Minnesota comprehensive
2.39 health association's operating deficit assessment;
2.40 allowing a hospital construction project in Beltrami
2.41 county; allowing exceptions to the nursing home
2.42 moratorium; removing the reimbursement prohibition for
2.43 marriage and family therapists under medical
2.44 assistance; expanding the senior drug program;
2.45 requiring information on prescription drug patient
2.46 assistance; changing long-term care provisions;
2.47 increasing rates for nursing facilities and other
2.48 providers; changing provisions governing public
2.49 assistance programs; providing for immigration status
2.50 verification and requiring a report to the Immigration
2.51 and Naturalization Service on undocumented aliens;
2.52 making changes to the distribution and treatment of
2.53 child support in public assistance programs;
2.54 establishing a local interventions for
2.55 self-sufficiency grant program; establishing a
2.56 supportive housing pilot project; establishing a
2.57 nontraditional career assistance and training program;
2.58 establishing an at-risk youth out-of-wedlock pregnancy
2.59 prevention program; extending public assistance
2.60 eligibility for certain groups; authorizing county
2.61 pilot projects for families on public assistance;
2.62 making technical corrections; amending Minnesota
2.63 Statutes 1998, sections 16A.11, subdivision 3;
2.64 16A.126, subdivision 2; 16B.052; 16B.48, subdivision
2.65 4; 16B.485; 16C.05, subdivision 3; 16E.04, by adding a
2.66 subdivision; 17.4988, subdivision 2; 17A.03,
2.67 subdivision 5; 18E.04, subdivision 4; 41A.09,
2.68 subdivision 3a; 41B.03, subdivisions 1 and 2; 41B.039,
2.69 subdivision 2; 41B.04, subdivision 8; 41B.042,
2.70 subdivision 4; 41B.043, subdivision 2; 41B.045,
2.71 subdivision 2; 60H.03, by adding a subdivision;
3.1 80A.122, by adding a subdivision; 80A.28, subdivision
3.2 1; 85.015, by adding a subdivision; 85.34, subdivision
3.3 1, and by adding subdivisions; 97A.055, subdivision 2;
3.4 103E.011, by adding a subdivision; 116L.04,
3.5 subdivision 1; 125A.74, subdivisions 1 and 2; 144.551,
3.6 subdivision 1; 144A.071, subdivision 4a, and by adding
3.7 a subdivision; 148B.32, subdivision 1; 168A.40,
3.8 subdivisions 3 and 4; 169.21, subdivisions 2 and 3;
3.9 169.89, subdivision 2; 181A.12, subdivision 1;
3.10 182.661, subdivision 1; 182.666, subdivision 2, and by
3.11 adding a subdivision; 216C.41, subdivision 3; 242.41;
3.12 242.43; 242.44; 252.28, by adding a subdivision;
3.13 256.01, by adding a subdivision; 256.741, by adding a
3.14 subdivision; 256.955, subdivisions 1, 2, and by adding
3.15 subdivisions; 256.9751; 256B.0625, by adding a
3.16 subdivision; 256B.431, by adding subdivisions;
3.17 256B.434, by adding a subdivision; 256B.501, by adding
3.18 a subdivision; 256B.69, subdivision 5d; 256J.32, by
3.19 adding a subdivision; 256J.45, subdivision 3; 256J.47,
3.20 subdivision 1; 256J.49, subdivision 13; 256J.50,
3.21 subdivisions 5 and 7; 256L.05, subdivision 5; 268.362,
3.22 subdivision 2; 297A.44, subdivision 1; 345.31, by
3.23 adding a subdivision; 345.39, subdivision 1; 383B.235,
3.24 by adding a subdivision; 422A.101, subdivision 3;
3.25 609.02, subdivisions 3 and 4a; 609.03; 609.033;
3.26 609.0331; 609.0332, subdivision 1; and 609.034;
3.27 Minnesota Statutes 1999 Supplement, sections 16A.103,
3.28 subdivision 1; 16A.129, subdivision 3; 62J.535,
3.29 subdivision 2; 116.073, subdivision 1; 116J.421,
3.30 subdivision 2; 119B.011, subdivision 15; 144.395, by
3.31 adding a subdivision; 144.396, subdivisions 11 and 12;
3.32 242.192; 256.01, subdivision 2; 256.019; 256.955,
3.33 subdivisions 4, 8, and 9; 256B.057, subdivision 3;
3.34 256B.0916, subdivision 1; 256B.094, subdivision 6;
3.35 256B.431, subdivisions 17 and 28; 256B.69,
3.36 subdivisions 5b and 5c; 256D.03, subdivision 4;
3.37 256D.053, subdivision 1; 256J.08, subdivision 86;
3.38 256J.21, subdivision 2; 256J.33, subdivision 4;
3.39 256J.34, subdivisions 1 and 4; 256J.37, subdivision 9;
3.40 256J.52, subdivisions 3 and 5; 256J.56; 268.085,
3.41 subdivision 4; 268.98, subdivision 3; and 326.105;
3.42 Laws 1997, chapter 200, article 1, section 5,
3.43 subdivision 3; chapter 203, article 9, section 21, as
3.44 amended; chapter 225, article 4, section 4, as
3.45 amended; Laws 1998, chapter 389, article 16, section
3.46 31, subdivision 2, as amended; chapter 404, section 7,
3.47 subdivision 23, as amended; Laws 1999, chapter 216,
3.48 article 1, sections 7, subdivision 6; 9; 14; and 18;
3.49 chapter 223, article 1, section 6, subdivision 1;
3.50 article 2, section 81, as amended; chapter 231,
3.51 sections 2, subdivision 2; 6, as amended; 11,
3.52 subdivision 3; and 14; chapter 245, article 1, section
3.53 2, subdivisions 5 and 8; article 4, section 121; and
3.54 article 10, section 10; and chapter 250, article 1,
3.55 sections 11; 12, subdivision 8; 14, subdivision 3; and
3.56 18; proposing coding for new law in Minnesota
3.57 Statutes, chapters 16A; 41B; 116L; 136F; 144; 169;
3.58 182; 241; 242; 256J; 256K; 260B; 268; 299A; 299E; 326;
3.59 and 345; repealing Minnesota Statutes 1998, section
3.60 168A.40, subdivision 1; Minnesota Statutes 1999
3.61 Supplement, sections 144.396, subdivision 13; and
3.62 168A.40, subdivision 2; Laws 1997, chapter 203,
3.63 article 7, section 27; and Laws 1999, chapter 250,
3.64 article 1, section 15, subdivision 4; and Minnesota
3.65 Rules, part 3800.3810.
3.66 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
3.67 ARTICLE 1
3.68 JOBS AND ECONOMIC DEVELOPMENT APPROPRIATIONS
4.1 Section 1. [ECONOMIC DEVELOPMENT; APPROPRIATIONS.]
4.2 The sums shown in the columns marked "APPROPRIATIONS" are
4.3 appropriated from the general fund, or another named fund, to
4.4 the agencies and for the purposes specified in this article, to
4.5 be available for the fiscal years indicated for each purpose.
4.6 The figures "2000" and "2001," where used in this article, mean
4.7 that the appropriation or appropriations listed under them are
4.8 available for the year ending June 30, 2000, or June 30, 2001,
4.9 respectively. The term "first year" means the fiscal year
4.10 ending June 30, 2000, and "second year" means the fiscal year
4.11 ending June 30, 2001.
4.12 SUMMARY BY FUND
4.13 2000 2001 TOTAL
4.14 General $ 737,000 $ 3,476,000 $ 4,213,000
4.15 TANF -0- 500,000 500,000
4.16 Workforce Development
4.17 Fund -0- 1,827,000 1,827,000
4.18 Workers' Compensation
4.19 Fund -0- 90,000 90,000
4.20 TOTAL $ 737,000 $5,893,000 $6,630,000
4.21 APPROPRIATIONS
4.22 Available for the Year
4.23 Ending June 30
4.24 2000 2001
4.25 Sec. 2. TRADE AND ECONOMIC
4.26 DEVELOPMENT -0- 2,771,000
4.27 This appropriation is for the purposes
4.28 stated in this section, and is added to
4.29 the appropriation in Laws 1999, chapter
4.30 223, article 1, section 2.
4.31 (a) Labor Force Assessments
4.32 -0- 750,000
4.33 This appropriation is for grants to
4.34 local or regional economic development
4.35 agencies to support the development and
4.36 use of labor force assessments that
4.37 will allow the agencies to recognize
4.38 areas in which the skill sets or
4.39 education of the available workforce
4.40 are underused. Projects are eligible
4.41 for grants of up to 60 percent of the
4.42 total project costs. The commissioner
4.43 shall develop criteria for these grants
4.44 that will maximize their effectiveness
4.45 in assisting local economic development
4.46 efforts. The criteria shall give a
4.47 preference to projects that have the
4.48 support and involvement of multiple
5.1 economic development agencies across a
5.2 geographic region where appropriate,
5.3 provided that the size of the area
5.4 covered by a project does not interfere
5.5 with the usefulness of the information
5.6 generated. This is a one-time
5.7 appropriation and is not added to the
5.8 agency's budget base.
5.9 (b) Catalyst Grants
5.10 -0- 1,000,000
5.11 This appropriation is for catalyst
5.12 grants to local governments and
5.13 recognized Indian tribal governments to
5.14 expand Internet access in areas of
5.15 rural Minnesota that are otherwise
5.16 unlikely to receive access through
5.17 existing technology. Catalyst grants
5.18 are for capital expenditures related to
5.19 providing Internet access to residences
5.20 and businesses using either traditional
5.21 fiber optic cable or wireless
5.22 technology. Eligible capital
5.23 expenditures include equipment and
5.24 construction costs, but do not include
5.25 the costs of planning, engineering, or
5.26 preliminary design. The commissioner
5.27 shall award catalyst grants according
5.28 to a competitive grant process and
5.29 shall create criteria for the award of
5.30 grants. These criteria shall include a
5.31 preference for projects that will
5.32 provide both business and residential
5.33 Internet access, provided that a
5.34 project is presumed to provide business
5.35 access only if it will enable access of
5.36 at least 512 kilobytes per second. The
5.37 maximum catalyst grant for any project
5.38 is $250,000 or 25 percent of the
5.39 eligible capital expenditures,
5.40 whichever is less. This is a one-time
5.41 appropriation and is not added to the
5.42 agency's budget base.
5.43 (c) Tourism Loan Account
5.44 -0- 1,021,000
5.45 This appropriation is for transfer to
5.46 the tourism loan account established
5.47 under Minnesota Statutes, section
5.48 116J.617, subdivision 5, for the
5.49 tourism loan program under Minnesota
5.50 Statutes, section 116J.617. This is a
5.51 one-time appropriation and shall be
5.52 targeted to northern Minnesota.
5.53 (d) Cancellation
5.54 Of the unspent and unencumbered
5.55 portions of the appropriations in Laws
5.56 1997, chapter 200, article 1, section
5.57 2, subdivision 2, for the pathways
5.58 program under Minnesota Statutes,
5.59 section 116L.04, subdivision 1a,
5.60 $800,000 is canceled and returned to
5.61 the general fund.
5.62 EFFECTIVE DATE: This paragraph is effective the day
6.1 following final enactment.
6.2 Sec. 3. MINNESOTA TECHNOLOGY -0- 200,000
6.3 This appropriation is for the
6.4 e-Business Institute. This is a
6.5 one-time appropriation and is not added
6.6 to the agency's budget base.
6.7 Sec. 4. HOUSING FINANCE AGENCY -0- 500,000
6.8 This appropriation is for the family
6.9 homeless prevention and assistance
6.10 program under Minnesota Statutes,
6.11 section 462A.204, and is available
6.12 until June 30, 2001. This
6.13 appropriation is from the state's
6.14 federal TANF block grant under title I
6.15 of Public Law Number 104-193 to the
6.16 commissioner of human services, to
6.17 reimburse the housing development fund
6.18 for assistance under this program for
6.19 families receiving TANF assistance
6.20 under the MFIP program. The
6.21 commissioner of human services shall
6.22 make quarterly reimbursements to the
6.23 housing development fund. The
6.24 commissioner of human services shall
6.25 not make any reimbursement which the
6.26 commissioner determines would be
6.27 subject to a penalty under Code of
6.28 Federal Regulations, section 262.1.
6.29 This is a one-time appropriation.
6.30 Sec. 5. BOARD OF ARCHITECTURE,
6.31 ENGINEERING, LAND SURVEYING, LANDSCAPE
6.32 LANDSCAPE ARCHITECTURE, AND
6.33 INTERIOR DESIGN -0- 130,000
6.34 This appropriation is for enforcement
6.35 activities of the board.
6.36 Sec. 6. BOARD OF BOXING -0- 65,000
6.37 This amount is added to the
6.38 appropriation in Laws 1999, chapter
6.39 223, article 1, section 10.
6.40 Sec. 7. DEPARTMENT OF ECONOMIC
6.41 SECURITY 1,037,000 1,977,000
6.42 (a) Youthbuild
6.43 Of this amount, $200,000 in the first
6.44 year is a one-time appropriation for
6.45 grants to existing Youthbuild programs
6.46 that have experienced a loss of federal
6.47 funds and are unable to fulfill their
6.48 missions under Minnesota Statutes,
6.49 sections 268.361 to 268.366.
6.50 (b) Alien Labor Certification
6.51 Of this amount, $150,000 the second
6.52 year is a one-time appropriation for
6.53 alien labor certification, and is
6.54 available as matching funds are
6.55 provided on at least a
6.56 dollar-for-dollar basis from nonstate
6.57 sources.
7.1 (c) Displaced Homemaker Programs
7.2 Of this amount, $1,827,000 the second
7.3 year is an appropriation from the
7.4 workforce development fund for
7.5 displaced homemaker programs under
7.6 Minnesota Statutes, section 268.96.
7.7 The general fund appropriation of
7.8 $1,827,000 for displaced homemaker
7.9 programs in fiscal year 2001 in Laws
7.10 1999, chapter 223, article 1, section
7.11 4, subdivision 4, is canceled and
7.12 returned to the general fund. The
7.13 services, locations, and operations of
7.14 the displaced homemaker programs shall
7.15 not be changed because of the change of
7.16 appropriation fund source by this
7.17 paragraph. The workforce development
7.18 fund shall be the ongoing funding
7.19 source for displaced homemaker programs
7.20 under Minnesota Statutes, section
7.21 268.96.
7.22 (d) Summer Youth Employment
7.23 $837,000 in the first year is for
7.24 summer youth employment programs. This
7.25 is a one-time appropriation and is not
7.26 added to the agency's budget base.
7.27 This appropriation is available
7.28 immediately.
7.29 Sec. 8. Laws 1997, chapter 200, article 1, section 5,
7.30 subdivision 3, is amended to read:
7.31 Subd. 3. State Services for the Blind
7.32 3,735,000 3,816,000
7.33 This appropriation may be supplemented
7.34 by funds provided by the Friends of the
7.35 Communication Center, for support of
7.36 Services for the Blind's Communication
7.37 Center, which serves all blind and
7.38 visually handicapped Minnesotans. The
7.39 commissioner shall report to the
7.40 legislature on a biennial basis the
7.41 funds provided by the Friends of the
7.42 Communication Center.
7.43 The commissioner may not require
7.44 employees to participate in intensive
7.45 blindness sensitivity training in which
7.46 the employees are blindfolded or
7.47 otherwise simulate blindness, unless
7.48 the employee is a manager or counselor;
7.49 except that the commissioner may
7.50 require the training for up to 14
7.51 employees who are not managers or
7.52 counselors but have direct contact with
7.53 blind clients seeking services, and up
7.54 to four employees at the store located
7.55 at the state services for the blind.
7.56 A person may not serve more than a
7.57 total of six consecutive years as a
7.58 member of the rehabilitation advisory
7.59 council for the blind or its
7.60 predecessor, the council for the
7.61 blind. Service prior to the effective
8.1 date of this section is included in the
8.2 six-year limit, except that a person
8.3 currently serving on the rehabilitation
8.4 advisory council for the blind may
8.5 serve out the person's current term and
8.6 serve one additional term After six
8.7 consecutive years of service, a person
8.8 may not be reappointed to the council
8.9 until a period of one year has elapsed.
8.10 Sec. 9. Laws 1999, chapter 223, article 1, section 6,
8.11 subdivision 1, is amended to read
8.12 Subdivision 1. Total
8.13 Appropriation 18,927,000 17,460,000
8.14 18,627,000 16,760,000
8.15 Summary by Fund
8.16 General 17,245,000 15,831,000
8.17 16,945,000 15,131,000
8.18 Petro Cleanup 1,015,000 1,045,000
8.19 Workers'
8.20 Compensation 567,000 584,000
8.21 Special Revenue 100,000 -0-
8.22 The amounts that may be spent from this
8.23 appropriation for each program are
8.24 specified in the following
8.25 subdivisions, except that with respect
8.26 to general fund appropriations, the
8.27 commissioner must reduce the amounts
8.28 spent from the amounts specified by a
8.29 total of $300,000 in the first year and
8.30 $700,000 in the second year. The
8.31 general fund base for the department
8.32 shall be $14,853,000 in fiscal year
8.33 2002 and $14,877,000 in fiscal year
8.34 2003.
8.35 EFFECTIVE DATE: This section is effective the day
8.36 following final enactment.
8.37 Sec. 10. MINNESOTA HISTORICAL
8.38 SOCIETY -0- 850,000
8.39 $850,000 in the second year is for
8.40 salary adjustments.
8.41 Sec. 11. DEPARTMENT OF
8.42 FINANCE -0- 10,000
8.43 This appropriation is for up to $10,000
8.44 for the commissioner of finance to
8.45 consult with the commissioner of
8.46 employee relations and the Minnesota
8.47 Historical Society to consider the
8.48 causes of ongoing shortfalls in the
8.49 salary and benefit accounts at the
8.50 Minnesota Historical Society, and to
8.51 compare the salaries and benefits at
8.52 agencies in other states that have
8.53 comparable missions. The commissioner
8.54 shall report findings, including
8.55 recommendations, to the legislature by
8.56 December 31, 2000. This is a one-time
8.57 appropriation and is not added to the
9.1 agency's budget base.
9.2 Sec. 12. DEPARTMENT OF LABOR
9.3 AND INDUSTRY -0- 90,000
9.4 This appropriation is from the workers'
9.5 compensation fund for the workplace
9.6 services division to administer article
9.7 2, sections 11 to 14. This amount is
9.8 added to the appropriation in Laws
9.9 1999, chapter 223, article 1, section
9.10 11, subdivision 3.
9.11 Sec. 13. [JUDY GARLAND MUSEUM.]
9.12 Notwithstanding Laws 1997, chapter 200, article 1, section
9.13 2, subdivision 2, the match required for the appropriation for
9.14 an agreement under that law with the Judy Garland Children's
9.15 Museum and the department of trade and economic development is
9.16 an equal match of $200,000.
9.17 Sec. 14. [UPPER RED LAKE BUSINESS LOAN PROGRAM.]
9.18 The appropriation to the commissioner of trade and economic
9.19 development in Laws 1999, chapter 223, article 1, section 2,
9.20 subdivision 4, for the Upper Red Lake business loan program is
9.21 available until January 31, 2001, and applications for grants
9.22 under that program may be accepted until that date.
9.23 EFFECTIVE DATE: This section is effective the day
9.24 following final enactment.
9.25 Sec. 15. [ADVANTAGE MINNESOTA.]
9.26 The appropriation to the commissioner of trade and economic
9.27 development in Laws 1999, chapter 223, article 1, section 2,
9.28 subdivision 2, for a grant to Advantage Minnesota is available
9.29 and may be matched until June 30, 2001.
9.30 EFFECTIVE DATE: This section is effective the day following
9.31 final enactment.
9.32 Sec. 16. [JOBS SKILLS PARTNERSHIP BOARD.]
9.33 (a) The appropriation by Laws 1999, chapter 223, article 1,
9.34 section 2, subdivision 2, to the department of trade and
9.35 economic development from the workforce development fund for the
9.36 jobs skills partnership board for the pathways program does not
9.37 cancel and is available until expended. If the appropriation
9.38 for either year is insufficient, the appropriation for the other
9.39 year is available.
10.1 (b) The appropriation by Laws 1999, chapter 223, article 1,
10.2 section 2, subdivision 2, to the department of trade and
10.3 economic development from the state's federal TANF block grant
10.4 under Title 1 of Public Law Number 104-193 to the commissioner
10.5 of human services, to be transferred to the commissioner of
10.6 trade and economic development for the pathways program under
10.7 Minnesota Statutes, section 116L.04, subdivision 1a, does not
10.8 cancel and is available until expended. If the appropriation
10.9 for either year is insufficient, the appropriation for the other
10.10 year is available.
10.11 (c) The appropriation by Laws 1999, chapter 245, article 1,
10.12 section 2, subdivision 10, to the commissioner of health and
10.13 human services from the state's federal TANF block grant under
10.14 Title 1 of Public Law Number 104-193, to increase employment and
10.15 training services grants for MFIP of which $750,000 is to be
10.16 transferred to the jobs skills partnership board for the health
10.17 care and human services worker training and retention program,
10.18 does not cancel and is available until expended. If the
10.19 appropriation for either year is insufficient, the appropriation
10.20 for the other year is available.
10.21 Sec. 17. [WORKFORCE CENTER LOCATIONS.]
10.22 The commissioner of the department of administration shall
10.23 assist the commissioner of economic security and the board of
10.24 trustees of the Minnesota state colleges and universities system
10.25 to develop and report to the legislature by January 15, 2001, on
10.26 a ten-year plan for the possible location of workforce centers
10.27 or affiliate locations on Minnesota college and university
10.28 campuses where appropriate.
10.29 The plan must identify space requirements, current
10.30 workforce center lease expiration dates, and the campuses that
10.31 can immediately accommodate workforce centers, and recommend
10.32 timelines for colocating workforce centers with Minnesota state
10.33 colleges and universities system facilities.
10.34 If additional space would be required to accommodate the
10.35 workforce center, the plan must outline alternative capital
10.36 financing mechanisms, including private build-lease.
11.1 EFFECTIVE DATE: This section is effective the day
11.2 following final enactment.
11.3 Sec. 18. [UNEMPLOYMENT INSURANCE; FOOD SERVICES.]
11.4 Notwithstanding the provisions of Minnesota Statutes,
11.5 section 268.085, subdivision 8, wage credits from an employer
11.6 are not subject to the provisions of Minnesota Statutes, section
11.7 268.085, subdivision 7, if those wage credits were earned during
11.8 the school year by an employee of a private employer performing
11.9 work pursuant to a contract between the employer and an
11.10 elementary or secondary school and the employment was related to
11.11 food services provided to the school by the employer. This
11.12 section expires December 31, 2001.
11.13 Sec. 19. [EXEMPTION FROM ADDITIONAL BENEFITS REQUIREMENTS;
11.14 HENNEPIN PAPER.]
11.15 Notwithstanding Minnesota Statutes, section 268.125, an
11.16 applicant is eligible to receive additional benefits for any
11.17 week under Minnesota Statutes, section 268.125, if:
11.18 (1) the applicant was laid off due to lack of work from the
11.19 Hennepin Paper Company in Morrison county;
11.20 (2) the applicant is a member of a group certified on May
11.21 4, 1999, under the North American Free Trade Agreement or the
11.22 Trade Adjustment Act as having been impacted by foreign imports;
11.23 (3) the applicant has exhausted all rights to regular
11.24 benefits under Minnesota Statutes, section 268.07, and does not
11.25 qualify for a new benefit account under Minnesota Statutes,
11.26 section 268.07, and is not entitled to receive unemployment
11.27 benefits under any other state or federal law;
11.28 (4) the applicant is presently attending training or is on
11.29 vacation from training pursuant to the North American Free Trade
11.30 Agreement or the Trade Adjustment Act;
11.31 (5) the applicant has filed a continued request for
11.32 benefits under Minnesota Statutes, section 268.086, for the
11.33 week;
11.34 (6) a majority of the applicant's wage credits were from
11.35 the Hennepin Paper Company;
11.36 (7) the applicant is not subject to a disqualification
12.1 under Minnesota Statutes, section 268.095; and
12.2 (8) the applicant meets the eligibility requirements under
12.3 Minnesota Statutes, section 268.085, except for subdivision 1,
12.4 clause (2).
12.5 The disqualification provisions under Minnesota Statutes,
12.6 section 268.095, apply to this section.
12.7 The applicant's weekly additional benefit amount shall be
12.8 the same as the applicant's weekly benefit amount under
12.9 Minnesota Statutes, section 268.07.
12.10 The maximum amount of the additional benefits available
12.11 shall be 26 times the applicant's weekly benefit amount under
12.12 Minnesota Statutes, section 268.07.
12.13 Additional benefits under this section are payable from the
12.14 fund.
12.15 This section expires January 1, 2001.
12.16 Sec. 20. [EXEMPTION FROM ADDITIONAL BENEFITS REQUIREMENTS;
12.17 EVTAC MINING.]
12.18 Notwithstanding Minnesota Statutes, section 268.125,
12.19 subdivisions 1, and 3, clauses (1) and (5), an applicant is
12.20 eligible to receive additional benefits under Minnesota
12.21 Statutes, section 268.125, effective the week following the week
12.22 in which the applicant exhausted regular benefits if:
12.23 (1) the applicant was laid off due to lack of work from the
12.24 Evtac Mining Company in St. Louis county between the months of
12.25 June and August of 1999; and
12.26 (2) the commissioner of economic security finds that the
12.27 applicant satisfies the conditions of Minnesota Statutes,
12.28 section 268.125, subdivision 3, clauses (2) to (4).
12.29 This section does not apply to any applicant who, with
12.30 respect to any period prior to September 1, 2000, receives, or
12.31 has an agreement to receive, a retirement pension financed in
12.32 whole or in part by the Evtac Mining Company.
12.33 Sec. 21. [EFFECTIVE DATE.]
12.34 Sections 19 and 20 and any appropriation and related rider
12.35 for fiscal year 2000 are effective the day following final
12.36 enactment.
13.1 ARTICLE 2
13.2 JOBS AND ECONOMIC DEVELOPMENT POLICY PROVISIONS
13.3 Section 1. Minnesota Statutes 1998, section 16C.05,
13.4 subdivision 3, is amended to read:
13.5 Subd. 3. [EXCEPTION.] The requirements of subdivision 2 do
13.6 not apply to contracts of the department of economic security
13.7 distributing state and federal funds for the purpose of
13.8 subcontracting the provision of program services to eligible
13.9 recipients. For these contracts, the commissioner of economic
13.10 security is authorized to directly enter into agency contracts
13.11 and encumber available funds. For contracts distributing state
13.12 or federal funds pursuant to the federal Economic Dislocation
13.13 and Worker Adjustment Assistance Act, United States Code, title
13.14 29, section 1651 et seq., or sections 268.9771, 268.978,
13.15 268.9781, and 268.9782, the commissioner of economic security is
13.16 authorized to directly enter into agency contracts with approval
13.17 of the workforce development council and encumber available
13.18 funds to ensure a rapid response to the needs of dislocated
13.19 workers. The commissioner of economic security shall adopt
13.20 internal procedures to administer and monitor funds distributed
13.21 under these contracts. This exception also applies to any
13.22 contracts entered into by the commissioner of children,
13.23 families, and learning and the jobs skills partnership board
13.24 that were previously entered into by the commissioner of
13.25 economic security.
13.26 Sec. 2. Minnesota Statutes 1998, section 60H.03, is
13.27 amended by adding a subdivision to read:
13.28 Subd. 4. [TERM AND FEES.] The term of a managing general
13.29 agent license issued under this section and the license fees
13.30 imposed are the same as those applicable to a licensed insurance
13.31 agent under chapter 60K.
13.32 Sec. 3. Minnesota Statutes 1998, section 80A.122, is
13.33 amended by adding a subdivision to read:
13.34 Subd. 4a. [EXPIRATION.] (a) A filing made in connection
13.35 with the securities of an open-end investment company under
13.36 subdivision 1 expires the next June 30 unless renewed. To renew
14.1 a notice filing, an issuer shall:
14.2 (1) before expiration of a current notice filing, file with
14.3 the commissioner the documents specified by the commissioner
14.4 under subdivision 1, clause (2), together with any fees required
14.5 by section 80A.28, subdivision 1, paragraph (c); and
14.6 (2) no later than September 1 following expiration, file a
14.7 sales report for the prior fiscal year with the commissioner
14.8 specifying:
14.9 (i) the registered sales;
14.10 (ii) the actual sales; and
14.11 (iii) the balance that could be sold without an additional
14.12 filing under section 80A.28, subdivision 1, paragraph (c).
14.13 (b) No portion of the unsold balance of shares indicated on
14.14 the issuer's sales report may be lawfully sold in this state in
14.15 connection with a renewed notice filing until fees have been
14.16 paid to renew the shares.
14.17 Sec. 4. Minnesota Statutes 1998, section 80A.28,
14.18 subdivision 1, is amended to read:
14.19 Subdivision 1. (a) There shall be a filing fee of $100 for
14.20 every application for registration or notice filing. There
14.21 shall be an additional fee of one-tenth of one percent of the
14.22 maximum aggregate offering price at which the securities are to
14.23 be offered in this state, and the maximum combined fees shall
14.24 not exceed $300.
14.25 (b) When an application for registration is withdrawn
14.26 before the effective date or a preeffective stop order is
14.27 entered under section 80A.13, subdivision 1, all but the $100
14.28 filing fee shall be returned. If an application to register
14.29 securities is denied, the total of all fees received shall be
14.30 retained.
14.31 (c) Where a filing is made in connection with a federal
14.32 covered security under section 18(b)(2) of the Securities Act of
14.33 1933, there is a fee of $100 for every initial filing. If the
14.34 filing is made in connection with redeemable securities issued
14.35 by an open end management company or unit investment trust, as
14.36 defined in the Investment Company Act of 1940, there is an
15.1 additional annual fee of 1/20 of one percent of the maximum
15.2 aggregate offering price at which the securities are to be
15.3 offered in this state during the notice filing period. The fee
15.4 must be paid at the time of the initial filing and thereafter in
15.5 connection with each renewal no later than July 1 of each year
15.6 and must be sufficient to cover the shares the issuer expects to
15.7 sell in this state over the next 12 months. If during a current
15.8 notice filing the issuer determines it is likely to sell shares
15.9 in excess of the shares for which fees have been paid to the
15.10 commissioner, the issuer shall submit an amended notice filing
15.11 to the commissioner under section 80A.122, subdivision 1, clause
15.12 (3), together with a fee of 1/20 of one percent of the maximum
15.13 aggregate offering price of the additional shares. Shares for
15.14 which a fee has been paid, but which have not been sold at the
15.15 time of expiration of the notice filing, may not be sold unless
15.16 an additional fee to cover the shares has been paid to the
15.17 commissioner as provided in this section and section 80A.122,
15.18 subdivision 4a. If the filing is made in connection with
15.19 redeemable securities issued by such a company or trust, there
15.20 is no maximum fee for securities filings made according to this
15.21 paragraph. If the filing is made in connection with any other
15.22 federal covered security under Section 18(b)(2) of the
15.23 Securities Act of 1933, there is an additional fee of one-tenth
15.24 of one percent of the maximum aggregate offering price at which
15.25 the securities are to be offered in this state, and the combined
15.26 fees shall not exceed $300. Beginning with fiscal year 2001 and
15.27 continuing each fiscal year thereafter, as of the last day of
15.28 each fiscal year, the commissioner shall determine the total
15.29 amount of all fees that were collected under this paragraph in
15.30 connection with any filings made for that fiscal year for
15.31 securities of an open-end investment company on behalf of a
15.32 security that is a federal covered security pursuant to section
15.33 18(b)(2) of the Securities Act of 1933. To the extent the total
15.34 fees collected by the commissioner in connection with these
15.35 filings exceed $25,000,000 in a fiscal year, the commissioner
15.36 shall refund, on a pro rata basis, to all persons who paid any
16.1 fees for that fiscal year, the amount of fees collected by the
16.2 commissioner in excess of $25,000,000. No individual refund is
16.3 required of amounts of $100 or less for a fiscal year.
16.4 Sec. 5. Minnesota Statutes 1999 Supplement, section
16.5 116J.421, subdivision 2, is amended to read:
16.6 Subd. 2. [GOVERNANCE.] The center is governed by a board
16.7 of directors appointed to six-year terms by the governor
16.8 comprised of:
16.9 (1) a representative from each of the two largest statewide
16.10 general farm organizations;
16.11 (2) a representative from a regional initiative
16.12 organization selected under section 116J.415, subdivision 3;
16.13 (3) the president of Mankato State University;
16.14 (4) a representative from the general public residing in a
16.15 town of less than 5,000 located outside of the metropolitan
16.16 area;
16.17 (5) a member of the house of representatives appointed by
16.18 the speaker of the house and a member of the senate appointed by
16.19 the subcommittee on committees of the senate committee on rules
16.20 and administration appointed for two-year terms;
16.21 (6) three representatives from business, including one
16.22 representing rural manufacturing and one rural retail and
16.23 service business;
16.24 (7) three representatives from private foundations with a
16.25 demonstrated commitment to rural issues;
16.26 (8) one representative from a rural county government; and
16.27 (9) one representative from a rural regional government.
16.28 The board shall appoint one additional member to the board
16.29 of directors who shall represent the general public.
16.30 If the board concludes at any time that the composition of
16.31 the board does not adequately reflect the ethnic and gender
16.32 diversity of rural Minnesota, the board may appoint up to four
16.33 additional members in order to better reflect this diversity.
16.34 Members appointed by the board under this paragraph shall serve
16.35 six-year terms. The board may not appoint additional members
16.36 such that the board would have a total of more than 20 members.
17.1 Sec. 6. Minnesota Statutes 1998, section 116L.04,
17.2 subdivision 1, is amended to read:
17.3 Subdivision 1. [PARTNERSHIP PROGRAM.] (a) The partnership
17.4 program may provide grants-in-aid to educational or other
17.5 nonprofit training educational institutions using the following
17.6 guidelines:
17.7 (1) the educational or other nonprofit educational
17.8 institution is a provider of training within the state in either
17.9 the public or private sector;
17.10 (2) the program involves skills training that is an area of
17.11 employment need; and
17.12 (3) preference will be given to educational or other
17.13 nonprofit training institutions which serve economically
17.14 disadvantaged people, minorities, or those who are victims of
17.15 economic dislocation and to businesses located in rural areas.
17.16 (b) A single grant to any one institution shall not exceed
17.17 $400,000.
17.18 Sec. 7. [116L.16] [DISTANCE-WORK GRANTS.]
17.19 The job skills partnership board may make grants-in-aid for
17.20 distance-work projects. The purpose of the grants is to promote
17.21 distance-work projects involving technology in rural areas and
17.22 may include a consortium of organizations partnering in the
17.23 development of rural technology industry. Grants may be used to
17.24 identify and train rural workers in technology and provide rural
17.25 workers with physical connections to telecommunications
17.26 infrastructure, where necessary, in order to be self-employed or
17.27 employed from their homes or satellite offices. Grants must be
17.28 made according to Minnesota Statutes, sections 116L.02 and
17.29 116L.04, except that:
17.30 (1) the business match may include, but is not limited to,
17.31 additional management or technology staff costs; start-up
17.32 equipment costs such as telecommunications infrastructure,
17.33 additional software, or computer upgrades; consulting fees for
17.34 implementation of distance-work policies or identification and
17.35 skill assessment of potential employees; and the joint financial
17.36 contribution of two or more businesses acting as a consortium;
18.1 (2) cash or in-kind contributions by partnering
18.2 organizations may be used as a match;
18.3 (3) eligible grantees may be educational or nonprofit
18.4 educational training organizations; and
18.5 (4) grants-in-aid may be packaged with loans under
18.6 Minnesota Statutes, section 116L.06, subdivision 6.
18.7 The board shall, to the extent there are sufficient
18.8 applications, make grant awards to as many parts of the state as
18.9 possible. Subject to the requirement for geographic
18.10 distribution of grants, preference shall be given to grant
18.11 applications that provide the most cost-effective training
18.12 proposals, that provide the best prospects for high-paying jobs
18.13 with high retention rates, or that are from more economically
18.14 distressed rural areas or communities.
18.15 Grantees must meet reporting and evaluation requirements
18.16 established by the board.
18.17 Sec. 8. [136F.77] [EQUITY INVESTMENTS.]
18.18 Subdivision 1. [POWERS OF BOARD.] The board may acquire an
18.19 interest in a product or a private business entity for the
18.20 purpose of developing and providing educational materials and
18.21 related programs or services to further the mission of the
18.22 Minnesota state colleges and universities and foster the
18.23 economic growth of the state. The board may enter into joint
18.24 venture agreements with private corporations to develop
18.25 educational materials and related programs or services. Any
18.26 proceeds from the investments or ventures are appropriated to
18.27 the board. The state is not liable for any obligations or
18.28 liabilities that arise from investments under this section. The
18.29 board must report annually by September 1 to the legislature
18.30 regarding its earnings from partnerships and the disposition of
18.31 those earnings.
18.32 Subd. 2. [CONSULTATION REQUIRED.] Prior to entering into a
18.33 joint venture agreement under this section, the board shall
18.34 consult with appropriate exclusive bargaining representatives
18.35 and must address topics such as employee protections,
18.36 instructional services, information availability, and reporting
19.1 conflicts of interest.
19.2 Subd. 3. [NO ABROGATION.] Nothing in this section shall
19.3 abrogate the provisions of sections 43A.047 and 136F.581.
19.4 Sec. 9. [144.994] [PROFESSIONAL BOXING REGULATION.]
19.5 Subdivision 1. [GENERALLY.] The commissioner of health
19.6 shall regulate professional boxing matches in Minnesota. For
19.7 the purposes of this section, "professional boxing matches"
19.8 means boxing contests held in Minnesota between individuals for
19.9 financial compensation, but does not include boxing contests
19.10 regulated by an amateur sports organization.
19.11 Subd. 2. [COMPLIANCE WITH FEDERAL LAW.] The commissioner
19.12 shall act as Minnesota's state boxing commission for the
19.13 purposes of the Professional Boxing Safety Act, United States
19.14 Code, title 15, sections 6301 to 6313, and shall ensure that
19.15 safety standards, registration procedures, and other regulations
19.16 required by federal law are sufficient to protect the health and
19.17 safety of boxers.
19.18 Subd. 3. [LIMITATION.] The commissioner shall not impose
19.19 regulations substantially more stringent than necessary to
19.20 protect boxers' health and safety and to fully comply with
19.21 federal requirements.
19.22 EFFECTIVE DATE: This section is effective July 1, 2001.
19.23 Sec. 10. Minnesota Statutes 1998, section 181A.12,
19.24 subdivision 1, is amended to read:
19.25 Subdivision 1. [FINES; PENALTY.] Any employer who hinders
19.26 or delays the department or its authorized representative in the
19.27 performance of its duties under sections 181A.01 to 181A.12 or
19.28 refuses to admit the commissioner or an authorized
19.29 representative to any place of employment or refuses to make
19.30 certificates or lists available as required by sections 181A.01
19.31 to 181A.12, or otherwise violates any provisions of sections
19.32 181A.01 to 181A.12 or any rules issued pursuant thereto shall be
19.33 assessed a fine to be paid to the commissioner for deposit in
19.34 the general fund. The fine may be recovered in a civil action
19.35 in the name of the department brought in the district court of
19.36 the county where the violation is alleged to have occurred or
20.1 the district court where the commissioner has an office. Fines
20.2 are in the amounts as follows:
20.3 (a) employment of minors under the age of 14
20.4 (each employee) $ 50
20.5 $ 500
20.6 (b) employment of minors under the age of 16
20.7 during school hours while school is in session
20.8 (each employee) 50
20.9 500
20.10 (c) employment of minors under the age of 16
20.11 before 7:00 a.m. (each employee) 50
20.12 500
20.13 (d) employment of minors under the age of 16
20.14 after 9:00 p.m. (each employee) 50
20.15 500
20.16 (e) employment of a high school student under
20.17 the age of 18 in violation of section 181A.04,
20.18 subdivision 6 (each employee) 100
20.19 1,000
20.20 (f) employment of minors under the age of 16
20.21 over eight hours a day (each employee) 50
20.22 500
20.23 (g) employment of minors under the age of 16
20.24 over 40 hours a week (each employee) 50
20.25 500
20.26 (h) employment of minors under the age of 18
20.27 in occupations hazardous or
20.28 detrimental to their well-being as defined
20.29 by rule (each employee) 100
20.30 1,000
20.31 (i) employment of minors under the age of 16
20.32 in occupations hazardous or
20.33 detrimental to their well-being as defined
20.34 by rule (each employee) 100
20.35 1,000
20.36 (j) minors under the age of 18 injured in
21.1 hazardous employment (each employee) 500
21.2 5,000
21.3 (k) minors employed without proof of age
21.4 (each employee) 25
21.5 250
21.6 An employer who refuses to make certificates or lists
21.7 available as required by sections 181A.01 to 181A.12 shall be
21.8 assessed a $500 fine.
21.9 EFFECTIVE DATE: This section is effective October 1, 2000.
21.10 Sec. 11. [182.6545] [RIGHTS OF NEXT OF KIN UPON DEATH.]
21.11 In the case of a death of an employee, the department shall
21.12 make reasonable efforts to locate the employee's next of kin and
21.13 shall mail to them copies of the following:
21.14 (1) citations and notification of penalty;
21.15 (2) notices of hearings;
21.16 (3) complaints and answers;
21.17 (4) settlement agreements;
21.18 (5) orders and decisions; and
21.19 (6) notices of appeals.
21.20 In addition, the next of kin shall have the right to
21.21 request a consultation with the department regarding citations
21.22 and notification of penalties issued as a result of the
21.23 investigation of the employee's death. For the purposes of this
21.24 section, "next of kin" refers to the nearest proper relative as
21.25 that term is defined by section 253B.03, subdivision 6,
21.26 paragraph (c).
21.27 Sec. 12. Minnesota Statutes 1998, section 182.661,
21.28 subdivision 1, is amended to read:
21.29 Subdivision 1. If, after an inspection or investigation,
21.30 the commissioner issues a citation under section 182.66, the
21.31 commissioner shall notify the employer by certified mail of the
21.32 penalty, if any, proposed to be assessed under section 182.666
21.33 and that the employer has 20 calendar days within which to file
21.34 a notice of contest and certification of service, on a form
21.35 provided by the commissioner, indicating that the employer
21.36 wishes to contest the citation, type of violation, proposed
22.1 assessment of penalty, or the period of time fixed in the
22.2 citation given for correction of violation. A copy of the
22.3 citation and the proposed assessment of penalty shall also be
22.4 mailed to the authorized employee representative and including,
22.5 in the case of the death of an employee, to the next of kin if
22.6 requested. If within 20 calendar days from the receipt of the
22.7 penalty notice issued by the commissioner the employer fails to
22.8 file the notice of contest, and no notice of contest is filed by
22.9 any employee or authorized representative of employees under
22.10 subdivision 3 within such time, the citation and assessment, as
22.11 proposed, shall be deemed a final order of the commissioner and
22.12 not subject to review by any court or agency.
22.13 Sec. 13. Minnesota Statutes 1998, section 182.666,
22.14 subdivision 2, is amended to read:
22.15 Subd. 2. Any employer who has received a citation for a
22.16 serious violation of its duties under section 182.653, or any
22.17 standard, rule, or order adopted under the authority of the
22.18 commissioner as provided in this chapter, shall be assessed a
22.19 fine not to exceed $7,000 for each violation. If the violation
22.20 causes or contributes to the cause of the death of an employee,
22.21 the employer shall be assessed a fine of up to $25,000.
22.22 Sec. 14. Minnesota Statutes 1998, section 182.666, is
22.23 amended by adding a subdivision to read:
22.24 Subd. 2a. Notwithstanding any other provision of this
22.25 section, if any (1) serious, willful, or repeated violation
22.26 other than a violation of section 182.653, subdivision 2; or (2)
22.27 any failure to correct a violation pursuant to subdivision 4
22.28 causes or contributes to the death of an employee, the minimum
22.29 total nonnegotiable fine which shall be assessed for all
22.30 citations connected to the death of an employee is $50,000 if
22.31 there is a willful or repeated violation or $25,000 if there is
22.32 no willful or repeated violation.
22.33 Sec. 15. Minnesota Statutes 1998, section 216C.41,
22.34 subdivision 3, is amended to read:
22.35 Subd. 3. [ELIGIBILITY WINDOW.] Payments may be made under
22.36 this section only for electricity generated:
23.1 (a) from a qualified hydroelectric facility that is
23.2 operational and generating electricity before January 1 December
23.3 31, 2001; or
23.4 (b) from a qualified wind energy conversion facility that
23.5 is operational and generating electricity before January 1, 2005.
23.6 Sec. 16. [268.028] [ALIEN LABOR CERTIFICATION; PERFORMANCE
23.7 STANDARDS.]
23.8 The department of economic security shall have as a goal to
23.9 process completed applications for certification for permanent
23.10 alien laborers within 60 days of receipt of the completed
23.11 application.
23.12 Sec. 17. Minnesota Statutes 1999 Supplement, section
23.13 268.085, subdivision 4, is amended to read:
23.14 Subd. 4. [SOCIAL SECURITY BENEFITS.] (a) Any applicant
23.15 aged 62 or over shall be required to state when filing an
23.16 application for benefits and when filing continued requests for
23.17 benefits whether the applicant is receiving, has filed for, or
23.18 intends to file for, primary social security old age or
23.19 disability benefits for any week during the benefit year.
23.20 (b) There shall be deducted from an applicant's weekly
23.21 benefit amount 50 percent of the weekly equivalent of the
23.22 primary social security old age or disability benefit the
23.23 applicant has received, has filed for, or intends to file for,
23.24 with respect to that week.
23.25 (c) Notwithstanding paragraph (b), an applicant shall be
23.26 ineligible for benefits for any week with respect to which the
23.27 applicant is receiving, has received, or has filed for primary
23.28 social security disability benefits.
23.29 This paragraph shall not apply if the Social Security
23.30 Administration approved the collecting of primary social
23.31 security disability benefits each month the applicant was
23.32 employed during the base period.
23.33 (d) Information from the Social Security Administration
23.34 shall be considered conclusive, absent specific evidence showing
23.35 that the information was erroneous.
23.36 (e) Any applicant who receives primary social security old
24.1 age or disability benefits for periods that the applicant has
24.2 been paid reemployment compensation benefits shall be considered
24.3 overpaid those reemployment compensation benefits under section
24.4 268.18, subdivision 1.
24.5 EFFECTIVE DATE: This section is effective the day
24.6 following final enactment and is retroactive to August 1, 1999.
24.7 Sec. 18. Minnesota Statutes 1998, section 268.362,
24.8 subdivision 2, is amended to read:
24.9 Subd. 2. [GRANT APPLICATIONS; AWARDS.] Interested eligible
24.10 organizations must apply to the commissioner for the grants.
24.11 The advisory committee must review the applications and provide
24.12 to the commissioner a list of recommended eligible organizations
24.13 that the advisory committee determines meet the requirements for
24.14 receiving a grant. The total grant award for any program may
24.15 not exceed $80,000 $150,000 per year. In awarding grants, the
24.16 advisory committee and the commissioner must give priority to:
24.17 (1) continuing and expanding effective programs by
24.18 providing grant money to organizations that are operating or
24.19 have operated a successful program that meets the program
24.20 purposes under section 268.364; and
24.21 (2) distributing programs throughout the state through
24.22 start-up grants for programs in areas that are not served by an
24.23 existing program.
24.24 To receive a grant under this section, the eligible
24.25 organization must match the grant money with at least an equal
24.26 amount of nonstate money. The commissioner must verify that the
24.27 eligible organization has matched the grant money. Nothing in
24.28 this subdivision shall prevent an eligible organization from
24.29 applying for and receiving grants for more than one program. A
24.30 grant received by an eligible organization from the federal
24.31 Youthbuild Project under United States Code, title 42, section
24.32 5091, is nonstate money and may be used to meet the state match
24.33 requirement. State grant money awarded under this section may
24.34 be used by grantee organizations for match requirements of a
24.35 federal Youthbuild Project.
24.36 Sec. 19. Minnesota Statutes 1999 Supplement, section
25.1 268.98, subdivision 3, is amended to read:
25.2 Subd. 3. [COST LIMITATIONS.] (a) For purposes of sections
25.3 268.9781 and 268.9782, funds allocated to a grantee are subject
25.4 to the following limitations:
25.5 (1) a maximum of 15 percent for administration in a worker
25.6 adjustment services plan and ten percent in a dislocation event
25.7 services grant;
25.8 (2) a minimum of 50 percent for provision of training
25.9 assistance;
25.10 (3) no more than ten percent statewide may be allocated
25.11 annually a maximum of 15 percent may be allocated for support
25.12 services, as defined in section 268.975, subdivision 13; except,
25.13 that if the commissioner finds it essential for a specific grant
25.14 or plan the maximum that may be allocated for support services
25.15 is 20 percent; and
25.16 (4) the balance used for provision of basic readjustment
25.17 assistance.
25.18 (b) A waiver of the cost limitation on providing training
25.19 assistance may be requested. The waiver may not permit less
25.20 than 30 percent of the funds be spent on training assistance.
25.21 (c) The commissioner shall prescribe the form and manner
25.22 for submission of an application for a waiver under paragraph
25.23 (b). Criteria for granting a waiver shall be established by the
25.24 commissioner in consultation with the workforce development
25.25 council.
25.26 Sec. 20. Minnesota Statutes 1999 Supplement, section
25.27 326.105, is amended to read:
25.28 326.105 [FEES.]
25.29 The fee for licensure or renewal of licensure as an
25.30 architect, professional engineer, land surveyor, landscape
25.31 architect, or geoscience professional is $104 $120 per biennium.
25.32 The fee for certification as a certified interior designer or
25.33 for renewal of the certificate is $104 $120 per biennium. The
25.34 fee for an architect applying for original certification as a
25.35 certified interior designer is $50 per biennium. The initial
25.36 license or certification fee for all professions is $104 $120.
26.1 The renewal fee shall be paid biennially on or before June 30 of
26.2 each even-numbered year. The renewal fee, when paid by mail, is
26.3 not timely paid unless it is postmarked on or before June 30 of
26.4 each even-numbered year. The application fee is $25 for
26.5 in-training applicants and $75 for professional license
26.6 applicants.
26.7 The fee for monitoring licensing examinations for
26.8 applicants is $25, payable by the applicant.
26.9 Sec. 21. [326.2441] [INSPECTION FEE SCHEDULE.]
26.10 Subdivision 1. [SCHEDULE.] State electrical inspection
26.11 fees shall be paid according to subdivisions 2 to 13.
26.12 Subd. 2. [FEE FOR EACH SEPARATE INSPECTION.] The minimum
26.13 fee for each separate inspection of an installation,
26.14 replacement, alteration, or repair is $20.
26.15 Subd. 3. [FEE FOR SERVICES, GENERATORS, OTHER POWER SUPPLY
26.16 SOURCES, OR FEEDERS TO SEPARATE STRUCTURES.] The inspection fee
26.17 for the installation, addition, alteration, or repair of each
26.18 service, change of service, temporary service, generator, other
26.19 power supply source, or feeder to a separate structure is:
26.20 (1) 0 ampere to and including 400 ampere capacity, $25;
26.21 (2) 401 ampere to and including 800 ampere capacity, $50;
26.22 and
26.23 (3) ampere capacity above 800, $75.
26.24 Where multiple disconnects are grouped at a single location
26.25 and are supplied by a single set of supply conductors the
26.26 cumulative rating of the overcurrent devices shall be used to
26.27 determine the supply ampere capacity.
26.28 Subd. 4. [FEE FOR CIRCUITS, FEEDERS, FEEDER TAPS, OR SETS
26.29 OF TRANSFORMER SECONDARY CONDUCTORS.] The inspection fee for the
26.30 installation, addition, alteration, or repair of each circuit,
26.31 feeder, feeder tap, or set of transformer secondary conductors,
26.32 including the equipment served, is:
26.33 (1) 0 ampere to and including 200 ampere capacity, $5; and
26.34 (2) ampere capacity above 200, $10.
26.35 Subd. 5. [LIMITATIONS TO FEES OF SUBDIVISIONS 3 AND
26.36 4.] (a) The fee for a one-family dwelling and each dwelling unit
27.1 of a two-family dwelling with a supply of up to 500 amperes
27.2 where a combination of ten or more sources of supply, feeders,
27.3 or circuits are installed, added, altered, repaired, or extended
27.4 is $80. This fee applies to each separate installation for new
27.5 dwellings and additions, alterations, or repairs to existing
27.6 dwellings and includes not more than two inspections. The fee
27.7 for additional inspections or other installations is that
27.8 specified in subdivisions 2 to 4. The installer may submit fees
27.9 for additional inspections when filing the request for
27.10 electrical inspection.
27.11 (b) The fee for each dwelling unit of a multifamily
27.12 dwelling with three to 12 dwelling units is $50 and the fee for
27.13 each additional dwelling unit is $25. These fees include only
27.14 inspection of the wiring within individual dwelling units and
27.15 the final feeder to that unit. This limitation is subject to
27.16 the following conditions:
27.17 (1) the multifamily dwelling is provided with common
27.18 service equipment and each dwelling unit is supplied by a
27.19 separate feeder. The fee for multifamily dwelling services or
27.20 other power source supplies and all other circuits is that
27.21 specified in subdivisions 2 to 4; and
27.22 (2) this limitation applies only to new installations for
27.23 multifamily dwellings where the majority of the individual
27.24 dwelling units are available for inspection during each
27.25 inspection trip.
27.26 (c) A separate request for electrical inspection form must
27.27 be filed for each dwelling unit that is supplied with an
27.28 individual set of service entrance conductors. These fees are
27.29 the one-family dwelling rate specified in paragraph (a).
27.30 Subd. 6. [ADDITIONS TO FEES OF SUBDIVISIONS 3 TO 5.] (a)
27.31 The fee for the electrical supply for each manufactured home
27.32 park lot is $25. This fee includes the service or feeder
27.33 conductors up to and including the service equipment or
27.34 disconnecting means. The fee for feeders and circuits that
27.35 extend from the service or disconnecting means is that specified
27.36 in subdivision 4.
28.1 (b) The fee for each recreational vehicle site electrical
28.2 supply equipment is $5. The fee for recreational vehicle park
28.3 services, feeders, and circuits is that specified in
28.4 subdivisions 3 and 4.
28.5 (c) The fee for each street, parking lot, or outdoor area
28.6 lighting standard is $1, and the fee for each traffic signal
28.7 standard is $5. Circuits originating within the standard or
28.8 traffic signal controller shall not be used when computing the
28.9 fee.
28.10 (d) The fee for transformers for light, heat, and power is
28.11 $10 for transformers rated up to ten kilovolt-amperes and $20
28.12 for transformers rated in excess of ten kilovolt-amperes.
28.13 (e) The fee for transformers and electronic power supplies
28.14 for electric signs and outline lighting is $5 per unit.
28.15 (f) The fee for alarm, communication, remote control, and
28.16 signaling circuits or systems, and circuits of less than 50
28.17 volts, is 50 cents for each system device or apparatus.
28.18 (g) The fee for each separate inspection of the bonding for
28.19 a swimming pool, spa, fountain, an equipotential plane for an
28.20 agricultural confinement area, or similar installation shall be
28.21 $20. Bonding conductors and connections require an inspection
28.22 before being concealed.
28.23 (h) The fee for all wiring installed on center pivot
28.24 irrigation booms is $40.
28.25 (i) The fee for retrofit modifications to existing lighting
28.26 fixtures is 25 cents per lighting fixture.
28.27 Subd. 7. [INVESTIGATION FEES: WORK WITHOUT A REQUEST FOR
28.28 ELECTRICAL INSPECTION.] (a) Whenever any work for which a
28.29 request for electrical inspection is required by the board has
28.30 begun without the request for electrical inspection form being
28.31 filed with the board, a special investigation shall be made
28.32 before a request for electrical inspection form is accepted by
28.33 the board.
28.34 (b) An investigation fee, in addition to the full fee
28.35 required by subdivisions 1 to 6, shall be paid before an
28.36 inspection is made. The investigation fee is two times the
29.1 hourly rate specified in subdivision 10 or the inspection fee
29.2 required by subdivisions 1 to 6, whichever is greater, not to
29.3 exceed $1,000. The payment of the investigation fee does not
29.4 exempt any person from compliance with all other provisions of
29.5 the board rules or statutes nor from any penalty prescribed by
29.6 law.
29.7 Subd. 8. [REINSPECTION FEE.] When reinspection is
29.8 necessary to determine whether unsafe conditions have been
29.9 corrected and the conditions are not the subject of an appeal
29.10 pending before the board or any court, a reinspection fee of $20
29.11 may be assessed in writing by the inspector.
29.12 Subd. 9. [SUPPLEMENTAL FEE.] When inspections scheduled by
29.13 the installer are preempted, obstructed, prevented, or otherwise
29.14 not able to be completed as scheduled due to circumstances
29.15 beyond the control of the inspector, a supplemental inspection
29.16 fee of $20 may be assessed in writing by the inspector.
29.17 Subd. 10. [SPECIAL INSPECTION.] For inspections not
29.18 covered in this section, or for requested special inspections or
29.19 services, the fee shall be $30 per hour, including travel time,
29.20 plus 31 cents per mile traveled, plus the reasonable cost of
29.21 equipment or material consumed. This provision is applicable to
29.22 inspection of empty conduits and other jobs as may be determined
29.23 by the board. This fee may also be assessed when installations
29.24 are not accessible by roadway and require alternate forms of
29.25 transportation.
29.26 Subd. 11. [INSPECTION OF TRANSITORY PROJECTS.] (a) For
29.27 inspection of transitory projects including, but not limited to,
29.28 festivals, fairs, carnivals, circuses, shows, production sites,
29.29 and portable road construction plants, the inspection procedures
29.30 and fees are as specified in paragraphs (b) to (i).
29.31 (b) The fee for inspection of each generator or other
29.32 source of supply is that specified in subdivision 3. A like fee
29.33 is required at each engagement or setup.
29.34 (c) In addition to the fee for generators or other sources
29.35 of supply, there must be an inspection of all installed feeders,
29.36 circuits, and equipment at each engagement or setup at the
30.1 hourly rate specified in subdivision 10, with a two-hour minimum.
30.2 (d) An owner, operator, or appointed representative of a
30.3 transitory enterprise including, but not limited to, festivals,
30.4 fairs, carnivals, circuses, production companies, shows,
30.5 portable road construction plants, and similar enterprises shall
30.6 notify the board of its itinerary or schedule and make
30.7 application for initial inspection a minimum of 14 days before
30.8 its first engagement or setup. An owner, operator, or appointed
30.9 representative of a transitory enterprise who fails to notify
30.10 the board 14 days before its first engagement or setup may be
30.11 subject to the investigation fees specified in subdivision 7.
30.12 The owner, operator, or appointed representative shall request
30.13 inspection and pay the inspection fee for each subsequent
30.14 engagement or setup at the time of the initial inspection. For
30.15 subsequent engagements or setups not listed on the itinerary or
30.16 schedule submitted to the board and where the board is not
30.17 notified at least 48 hours in advance, a charge of $100 may be
30.18 made in addition to all required fees.
30.19 (e) Amusement rides, devices, concessions, attractions, or
30.20 other units must be inspected at their first appearance of the
30.21 year. The inspection fee is $20 per unit with a supply of up to
30.22 60 amperes and $30 per unit with a supply above 60 amperes.
30.23 (f) An additional fee at the hourly rate specified in
30.24 subdivision 10 must be charged for additional time spent by each
30.25 inspector if equipment is not ready or available for inspection
30.26 at the time and date specified on the application for initial
30.27 inspection or the request for electrical inspection form.
30.28 (g) In addition to the fees specified in paragraphs (a) and
30.29 (b), a fee of two hours at the hourly rate specified in
30.30 subdivision 10 must be charged for inspections required to be
30.31 performed on Saturdays, Sundays, holidays, or after regular
30.32 business hours.
30.33 (h) The fee for reinspection of corrections or supplemental
30.34 inspections where an additional trip is necessary may be
30.35 assessed as specified in subdivision 8.
30.36 (i) The board may retain the inspection fee when an owner,
31.1 operator, or appointed representative of a transitory enterprise
31.2 fails to notify the board at least 48 hours in advance of a
31.3 scheduled inspection that is canceled.
31.4 Subd. 12. [HANDLING FEE.] The handling fee to pay the cost
31.5 of printing and handling of the form requesting an inspection is
31.6 $1.
31.7 Subd. 13. [NATIONAL ELECTRICAL CODE USED FOR
31.8 INTERPRETATION OF PROVISIONS.] For purposes of interpretation of
31.9 this section and Minnesota Rules, chapter 3800, the most
31.10 recently adopted edition of the National Electrical Code shall
31.11 be prima facie evidence of the definitions, interpretations, and
31.12 scope of words and terms used.
31.13 Sec. 22. Minnesota Statutes 1998, section 345.31, is
31.14 amended by adding a subdivision to read:
31.15 Subd. 6a. [MONEY ORDER.] "Money order" includes an express
31.16 money order and a personal money order, on which the remitter is
31.17 the purchaser. The term does not include a bank order or any
31.18 other instrument sold by a financial organization if the seller
31.19 has obtained the name and address of the payee.
31.20 EFFECTIVE DATE: This section is effective July 1, 2001.
31.21 Sec. 23. [345.321] [DORMANCY CHARGE FOR MONEY ORDERS.]
31.22 Notwithstanding any law to the contrary, a holder may
31.23 annually deduct, from a money order presumed abandoned, a charge
31.24 imposed by reason of the owner's failure to claim the property
31.25 within a specified time. The holder may deduct the charge only
31.26 if: (1) there is a valid and enforceable written contract
31.27 between the holder and the owner under which the holder may
31.28 impose the charge; (2) the holder regularly imposes the charge;
31.29 and (3) the charge is not regularly reversed or otherwise
31.30 canceled. The total amount of the deduction is limited to an
31.31 amount that is not unconscionable.
31.32 EFFECTIVE DATE: This section is effective July 1, 2001.
31.33 Sec. 24. Minnesota Statutes 1998, section 345.39,
31.34 subdivision 1, is amended to read:
31.35 Subdivision 1. [PRESUMED ABANDONMENT.] All intangible
31.36 personal property, not otherwise covered by sections 345.31 to
32.1 345.60, including any income or increment thereon, but excluding
32.2 any charges that may lawfully be withheld, that is held or owing
32.3 in this state in the ordinary course of the holder's business
32.4 and has remained unclaimed by the owner for more than three
32.5 years after it became payable or distributable is presumed
32.6 abandoned. Property covered by this section includes, but is
32.7 not limited to: (a) unclaimed worker's compensation; (b)
32.8 deposits or payments for repair or purchase of goods or
32.9 services; (c) credit checks or memos, or customer overpayments;
32.10 (d) unidentified remittances, unrefunded overcharges; (e) unpaid
32.11 claims, unpaid accounts payable or unpaid commissions; (f)
32.12 unpaid mineral proceeds, royalties or vendor checks; and (g)
32.13 credit balances, accounts receivable and miscellaneous
32.14 outstanding checks. This section does not include money orders.
32.15 "Intangible property" does not include gift certificates, gift
32.16 cards, or layaway accounts issued or maintained by any person in
32.17 the business of selling tangible property or services at retail
32.18 and such items shall not be subject to this section.
32.19 EFFECTIVE DATE: This section is effective July 1, 2001.
32.20 Sec. 25. Laws 1999, chapter 223, article 2, section 81, as
32.21 amended by Laws 1999, chapter 249, section 12, is amended to
32.22 read:
32.23 Sec. 81. [EFFECTIVE DATES.]
32.24 Section 48 is effective March 1, 2000.
32.25 Sections 59, 61, 62, 64, 65, and 79 are effective the day
32.26 following final enactment.
32.27 Section 67 is effective June 30, 1999.
32.28 Section 80, paragraph (a), is effective July 1, 1999.
32.29 Section 80, paragraphs paragraph (b) and (c), are is
32.30 effective July 1, 2000.
32.31 Section 80, paragraph (c), is effective July 1, 2001.
32.32 EFFECTIVE DATE: This section is effective the day
32.33 following final enactment.
32.34 Sec. 26. [ASSUMPTION OF RESPONSIBILITIES BY COMMISSIONER
32.35 OF HEALTH.]
32.36 The commissioner of health shall consult with appropriate
33.1 knowledgeable individuals on an ongoing basis regarding the
33.2 development and enforcement of boxing regulations.
33.3 Responsibility for the regulation of professional boxing is
33.4 transferred to the commissioner of health as of July 1, 2001,
33.5 pursuant to Minnesota Statutes, section 15.039, except that
33.6 Minnesota Statutes, section 15.039, subdivision 7, shall not
33.7 apply to this transfer of responsibilities.
33.8 EFFECTIVE DATE: This section is effective the day
33.9 following final enactment.
33.10 Sec. 27. [INFORMATION TO BE PROVIDED.]
33.11 The commissioner of labor and industry shall by September
33.12 1, 2000, complete a diligent and concerted effort to provide an
33.13 informational brochure to every employer in Minnesota who is
33.14 subject to the provisions of Minnesota Statutes, chapter 181A.
33.15 The brochure shall describe the requirements of Minnesota
33.16 Statutes, chapter 181A, shall describe the effects of section
33.17 10, and shall provide a telephone number that employers may call
33.18 for additional information regarding compliance with Minnesota
33.19 Statutes, chapter 181A.
33.20 EFFECTIVE DATE: This section is effective the day
33.21 following final enactment.
33.22 Sec. 28. [INSTRUCTION TO REVISOR.]
33.23 The revisor shall change references in Minnesota Rules from
33.24 Minnesota Rules, part 3800.3810, to Minnesota Statutes, section
33.25 326.2441.
33.26 Sec. 29. [REPEALER.]
33.27 Minnesota Rules, part 3800.3810, is repealed.
33.28 ARTICLE 3
33.29 ENVIRONMENT, NATURAL RESOURCES, AND AGRICULTURE
33.30 Section 1. [APPROPRIATIONS.]
33.31 The sums shown in the columns marked "APPROPRIATIONS" are
33.32 appropriated from the general fund, or any other fund named, to
33.33 the agencies and for the purposes specified in this article, to
33.34 be available for the fiscal years indicated for each purpose.
33.35 The figures "2000" and "2001" mean that the appropriation or
33.36 appropriations listed under them are available for the fiscal
34.1 year ending June 30, 2000, or June 30, 2001, respectively, and
34.2 if an earlier appropriation was made for that purpose for that
34.3 year, the appropriation in this article is added to it.
34.4 APPROPRIATIONS
34.5 Available for the Year
34.6 Ending June 30
34.7 2000 2001
34.8 Sec. 2. POLLUTION CONTROL AGENCY 307,000 -0-
34.9 $306,000 is to administer the
34.10 wastewater infrastructure fund. This
34.11 is a one-time appropriation and is
34.12 available until June 30, 2001.
34.13 The agency must allocate $104,000 of
34.14 the appropriation in Laws 1999, chapter
34.15 231, section 2, for WIF construction
34.16 program administration.
34.17 $1,000 is appropriated from the general
34.18 fund in fiscal year 2000 for the air
34.19 quality permitting process required to
34.20 allow an existing resource recovery
34.21 facility in Hennepin county to operate
34.22 at its maximum yearly capacity as
34.23 provided in section 30. This is a
34.24 one-time appropriation and is available
34.25 until June 30, 2001. This amount shall
34.26 be reimbursed by the applicant for the
34.27 permit.
34.28 $865,000 from the balance in the
34.29 environmental fund shall be canceled to
34.30 the general fund by June 30, 2001.
34.31 Sec. 3. BOARD OF WATER
34.32 AND SOIL RESOURCES 2,650,000 400,000
34.33 $400,000 in fiscal year 2001 is for
34.34 professional and technical services to
34.35 replace wetlands under Minnesota
34.36 Statutes, section 103G.222, subdivision
34.37 1. This is a one-time appropriation.
34.38 $2,650,000 in fiscal year 2000 is for
34.39 the purposes of sections 40 to 43.
34.40 This is a one-time appropriation and
34.41 remains available until expended.
34.42 Administrative costs may not exceed ten
34.43 percent of the appropriation.
34.44 Sec. 4. NATURAL RESOURCES 5,414,000 -0-
34.45 $3,955,000 in fiscal year 2000 is for
34.46 the settlement of legal costs incurred
34.47 by the Mille Lacs Band, St. Croix Band,
34.48 Bad River Band, Red Cliff Band, Lac du
34.49 Flambeau Band, Sokaogon Chippewa
34.50 Community, and the Lac Courte Oreilles
34.51 Band related to the 1837 Treaty
34.52 litigation.
34.53 The money necessary for the interest
34.54 payment on the settlement of legal
34.55 costs in the 1837 Treaty litigation is
34.56 appropriated in fiscal year 2000. The
34.57 amount of the interest payment shall be
35.1 determined by applying an interest
35.2 amount of $614.30 for each day
35.3 beginning December 10, 1999, through
35.4 the day of payment of the legal costs.
35.5 $1,459,000 in fiscal year 2000 is for
35.6 grants to Lake, Cook, and St. Louis
35.7 counties for emergency communications
35.8 equipment, emergency response
35.9 equipment, and emergency planning and
35.10 training to respond to a major
35.11 wildfire. Of this amount, $227,000 is
35.12 for a grant to Lake county, $430,000 is
35.13 for a grant to Cook county, and
35.14 $802,000 is for a grant to St. Louis
35.15 county. St. Louis county must use a
35.16 portion of the grant to purchase a NOAA
35.17 warning system that can be used by all
35.18 of the counties receiving grants under
35.19 this section. This appropriation is
35.20 available until June 30, 2001.
35.21 The commissioner may use up to 50
35.22 percent of a snowmobile maintenance and
35.23 grooming grant under Minnesota
35.24 Statutes, section 84.83, that was
35.25 available as of December 31, 1999, to
35.26 reimburse the intended recipient for
35.27 the actual cost of snowmobile trail
35.28 grooming equipment. The costs must be
35.29 incurred in fiscal year 2000 and
35.30 recipients seeking reimbursement under
35.31 this paragraph must provide acceptable
35.32 documentation of the costs to the
35.33 commissioner. All applications for
35.34 reimbursement under this paragraph must
35.35 be received no later than September 1,
35.36 2000.
35.37 Sec. 5. AGRICULTURE 870,000 869,000
35.38 $120,000 in fiscal year 2000 and
35.39 $374,000 in fiscal year 2001 are for
35.40 expansion of the state meat inspection
35.41 program. If the appropriation for
35.42 either year is insufficient, the
35.43 appropriation for the other year is
35.44 available.
35.45 $200,000 in fiscal year 2001 is for
35.46 grants to one or more cooperative
35.47 associations organized under Minnesota
35.48 Statutes, chapter 308A, primarily for
35.49 the purpose of facilitating the
35.50 production and marketing of short
35.51 rotation woody crops. The grants must
35.52 be matched by $1 of nonstate money for
35.53 each dollar. This is a one-time
35.54 appropriation and remains available
35.55 until expended.
35.56 $150,000 in fiscal year 2001 is for a
35.57 grant to the Center for Farm Financial
35.58 Management at the University of
35.59 Minnesota for purposes of a
35.60 comprehensive effort to develop
35.61 software and training materials to help
35.62 farmers improve their profitability
35.63 through sophisticated business
35.64 planning. The software and training
35.65 will complement existing FINPACK farm
36.1 management tools. No later than March
36.2 1, 2001, the center must report to the
36.3 agriculture policy and finance
36.4 committees of the senate and the house
36.5 of representatives on the software
36.6 development program. This is a
36.7 one-time appropriation and is available
36.8 until March 31, 2001.
36.9 $300,000 in fiscal year 2000 is to
36.10 establish an agricultural water quality
36.11 and quantity management, research,
36.12 demonstration, and education program.
36.13 Of this appropriation, $150,000 is for
36.14 projects at the Lamberton site and
36.15 $150,000 is for projects at the Waseca
36.16 site. The commissioner may contract
36.17 with the University of Minnesota or
36.18 other parties for the implementation of
36.19 parts of the program. This
36.20 appropriation is available until spent
36.21 and is a one-time appropriation.
36.22 $150,000 in fiscal year 2000 is for the
36.23 farm advocates program. This is a
36.24 one-time appropriation and is available
36.25 until June 30, 2001.
36.26 $170,000 in fiscal year 2001 is to
36.27 expand the concept of the Minnesota
36.28 grown pilot program under Laws 1998,
36.29 chapter 401, section 6. This is a
36.30 one-time appropriation.
36.31 $300,000 in fiscal year 2000 is for
36.32 grants to organizations participating
36.33 in the farm wrap network and the rural
36.34 help network. The grants may be used
36.35 for outreach services, legal and
36.36 accounting services, and informal
36.37 mediation support for farmers. This is
36.38 a one-time appropriation and is
36.39 available until June 30, 2001.
36.40 The appropriation for fiscal year 2001
36.41 in Laws 1999, chapter 231, section 11,
36.42 subdivision 2, for the dairy producers
36.43 board is canceled.
36.44 Sec. 6. BOARD OF ANIMAL HEALTH 245,000 -0-
36.45 $245,000 is for continued efforts to
36.46 control pseudorabies in swine. This
36.47 appropriation may be used to cover the
36.48 costs of pseudorabies monitoring,
36.49 vaccines, blood tests, and laboratory
36.50 fees. This is a one-time
36.51 appropriation, is in addition to the
36.52 appropriation in Laws 1999, chapter 45,
36.53 section 1, and is available until June
36.54 30, 2001.
36.55 Sec. 7. MINNESOTA RESOURCES
36.56 The availability of the appropriation
36.57 for the following project is extended
36.58 to June 30, 2002: Laws 1997, chapter
36.59 216, section 15, subdivision 4,
36.60 paragraph (c), clause (3), local
36.61 initiatives grants program. $250,000
36.62 is to provide matching funds for an
37.1 ISTEA grant and to provide acquisition
37.2 and engineering costs for a proposed
37.3 trail between the city of Pelican
37.4 Rapids and Maplewood state park.
37.5 The availability of the appropriation
37.6 for the following project is extended
37.7 to June 30, 2001: Laws 1997, chapter
37.8 216, section 15, subdivision 4,
37.9 paragraph (b), metropolitan regional
37.10 park system, for the portion related to
37.11 Hyland-Bush-Anderson Lake Park Reserve
37.12 development.
37.13 Sec. 8. Minnesota Statutes 1998, section 17.4988,
37.14 subdivision 2, is amended to read:
37.15 Subd. 2. [AQUATIC FARMING LICENSE.] (a) The annual fee for
37.16 an aquatic farming license is $275 $70.
37.17 (b) The aquatic farming license may contain endorsements
37.18 for the rights and privileges of the following licenses under
37.19 the game and fish laws. The endorsement must be made upon
37.20 payment of the license fee prescribed in section 97A.475 for the
37.21 following licenses:
37.22 (1) minnow dealer license;
37.23 (2) minnow retailer license for sale of minnows as bait;
37.24 (3) minnow exporting license;
37.25 (4) aquatic farm vehicle endorsement, which includes a
37.26 minnow dealer vehicle license, a minnow retailer vehicle
37.27 license, an exporting minnow vehicle license, and a fish vendor
37.28 license;
37.29 (5) sucker egg taking license; and
37.30 (6) game fish packers license.
37.31 Sec. 9. Minnesota Statutes 1998, section 17A.03,
37.32 subdivision 5, is amended to read:
37.33 Subd. 5. [LIVESTOCK.] "Livestock" means cattle, sheep,
37.34 swine, horses intended for slaughter, mules, farmed cervidae, as
37.35 defined in section 17.451, subdivision 2, llamas, as defined in
37.36 section 17.455, subdivision 2, ratitae, as defined in section
37.37 17.453, subdivision 3, buffalo, and goats.
37.38 Sec. 10. Minnesota Statutes 1998, section 18E.04,
37.39 subdivision 4, is amended to read:
37.40 Subd. 4. [REIMBURSEMENT PAYMENTS.] (a) The board shall pay
37.41 a person that is eligible for reimbursement or payment under
38.1 subdivisions 1, 2, and 3 from the agricultural chemical response
38.2 and reimbursement account for:
38.3 (1) 90 percent of the total reasonable and necessary
38.4 corrective action costs greater than $1,000 and less than or
38.5 equal to $100,000; and
38.6 (2) 100 percent of the total reasonable and necessary
38.7 corrective action costs greater than $100,000 but less than or
38.8 equal to $200,000;
38.9 (3) 80 percent of the total reasonable and necessary
38.10 corrective action costs greater than $200,000 but less than or
38.11 equal to $300,000; and
38.12 (4) 60 percent of the total reasonable and necessary
38.13 corrective action costs greater than $300,000 but less than or
38.14 equal to $350,000.
38.15 (b) A reimbursement or payment may not be made until the
38.16 board has determined that the costs are reasonable and are for a
38.17 reimbursement of the costs that were actually incurred.
38.18 (c) The board may make periodic payments or reimbursements
38.19 as corrective action costs are incurred upon receipt of invoices
38.20 for the corrective action costs.
38.21 (d) Money in the agricultural chemical response and
38.22 reimbursement account is appropriated to the commissioner to
38.23 make payments and reimbursements directed by the board under
38.24 this subdivision.
38.25 (e) The board may not make reimbursement greater than the
38.26 maximum allowed under paragraph (a) for all incidents on a
38.27 single site which:
38.28 (1) were not reported at the time of release but were
38.29 discovered and reported after July 1, 1989; and
38.30 (2) may have occurred prior to July 1, 1989, as determined
38.31 by the commissioner.
38.32 (f) The board may only reimburse an eligible person for
38.33 separate incidents within a single site if the commissioner
38.34 determines that each incident is completely separate and
38.35 distinct in respect of location within the single site or time
38.36 of occurrence.
39.1 Sec. 11. Minnesota Statutes 1998, section 41A.09,
39.2 subdivision 3a, is amended to read:
39.3 Subd. 3a. [PAYMENTS.] (a) The commissioner of agriculture
39.4 shall make cash payments to producers of ethanol, anhydrous
39.5 alcohol, and wet alcohol located in the state. These payments
39.6 shall apply only to ethanol, anhydrous alcohol, and wet alcohol
39.7 fermented in the state and produced at plants that have begun
39.8 production by June 30, 2000. For the purpose of this
39.9 subdivision, an entity that holds a controlling interest in more
39.10 than one ethanol plant is considered a single producer. The
39.11 amount of the payment for each producer's annual production is:
39.12 (1) except as provided in paragraph (b), for each gallon of
39.13 ethanol or anhydrous alcohol produced on or before June 30,
39.14 2000, or ten years after the start of production, whichever is
39.15 later, 20 cents per gallon; and
39.16 (2) for each gallon produced of wet alcohol on or before
39.17 June 30, 2000, or ten years after the start of production,
39.18 whichever is later, a payment in cents per gallon calculated by
39.19 the formula "alcohol purity in percent divided by five," and
39.20 rounded to the nearest cent per gallon, but not less than 11
39.21 cents per gallon.
39.22 The producer payments for anhydrous alcohol and wet alcohol
39.23 under this section may be paid to either the original producer
39.24 of anhydrous alcohol or wet alcohol or the secondary processor,
39.25 at the option of the original producer, but not to both.
39.26 No payments shall be made for production that occurs after
39.27 June 30, 2010.
39.28 (b) If the level of production at an ethanol plant
39.29 increases due to an increase in the production capacity of the
39.30 plant and the increased production begins by June 30, 2000, the
39.31 payment under paragraph (a), clause (1), applies to the
39.32 additional increment of production until ten years after the
39.33 increased production began. Once a plant's production capacity
39.34 reaches 15,000,000 gallons per year, no additional increment
39.35 will qualify for the payment.
39.36 (c) The commissioner shall make payments to producers of
40.1 ethanol or wet alcohol in the amount of 1.5 cents for each
40.2 kilowatt hour of electricity generated using closed-loop biomass
40.3 in a cogeneration facility at an ethanol plant located in the
40.4 state. Payments under this paragraph shall be made only for
40.5 electricity generated at cogeneration facilities that begin
40.6 operation by June 30, 2000. The payments apply to electricity
40.7 generated on or before the date ten years after the producer
40.8 first qualifies for payment under this paragraph. Total
40.9 payments under this paragraph in any fiscal year may not exceed
40.10 $750,000. For the purposes of this paragraph:
40.11 (1) "closed-loop biomass" means any organic material from a
40.12 plant that is planted for the purpose of being used to generate
40.13 electricity or for multiple purposes that include being used to
40.14 generate electricity; and
40.15 (2) "cogeneration" means the combined generation of:
40.16 (i) electrical or mechanical power; and
40.17 (ii) steam or forms of useful energy, such as heat, that
40.18 are used for industrial, commercial, heating, or cooling
40.19 purposes.
40.20 (d) Except for new production capacity approved under
40.21 paragraph (i), clause (1), the total Payments under paragraphs
40.22 (a) and (b) to all producers may not
40.23 exceed $34,000,000 $37,000,000 in a fiscal year. Total payments
40.24 under paragraphs (a) and (b) to a producer in a fiscal year may
40.25 not exceed $3,000,000.
40.26 (e) By the last day of October, January, April, and July,
40.27 each producer shall file a claim for payment for ethanol,
40.28 anhydrous alcohol, and wet alcohol production during the
40.29 preceding three calendar months. A producer with more than one
40.30 plant shall file a separate claim for each plant. A producer
40.31 shall file a separate claim for the original production capacity
40.32 of each plant and for each additional increment of production
40.33 that qualifies under paragraph (b). A producer that files a
40.34 claim under this subdivision shall include a statement of the
40.35 producer's total ethanol, anhydrous alcohol, and wet alcohol
40.36 production in Minnesota during the quarter covered by the claim,
41.1 including anhydrous alcohol and wet alcohol produced or received
41.2 from an outside source. A producer shall file a separate claim
41.3 for any amount claimed under paragraph (c). For each claim and
41.4 statement of total ethanol, anhydrous alcohol, and wet alcohol
41.5 production filed under this subdivision, the volume of ethanol,
41.6 anhydrous alcohol, and wet alcohol production or amounts of
41.7 electricity generated using closed-loop biomass must be examined
41.8 by an independent certified public accountant in accordance with
41.9 standards established by the American Institute of Certified
41.10 Public Accountants.
41.11 (f) Payments shall be made November 15, February 15, May
41.12 15, and August 15. A separate payment shall be made for each
41.13 claim filed. Except as provided in paragraph (j), the total
41.14 quarterly payment to a producer under this paragraph, excluding
41.15 amounts paid under paragraph (c), may not exceed
41.16 $750,000. Except for new production capacity approved under
41.17 paragraph (i), clause (1), if the total amount for which all
41.18 other producers are eligible in a quarter under paragraphs (a)
41.19 and (b) exceeds $8,500,000, the commissioner shall make payments
41.20 for production capacity that is subject to this restriction in
41.21 the order in which the portion of production capacity covered by
41.22 each claim went into production.
41.23 (g) If the total amount for which all producers are
41.24 eligible in a quarter under paragraph (c) exceeds the amount
41.25 available for payments, the commissioner shall make payments in
41.26 the order in which the plants covered by the claims began
41.27 generating electricity using closed-loop biomass.
41.28 (h) After July 1, 1997, new production capacity is only
41.29 eligible for payment under this subdivision if the commissioner
41.30 receives:
41.31 (1) an application for approval of the new production
41.32 capacity;
41.33 (2) an appropriate letter of long-term financial commitment
41.34 for construction of the new production capacity; and
41.35 (3) copies of all necessary permits for construction of the
41.36 new production capacity.
42.1 The commissioner may approve new production capacity based
42.2 on the order in which the applications are received.
42.3 (i) After April 22, 1998, the commissioner may only
42.4 approve: (1) up to 12,000,000 gallons of new production
42.5 capacity at one plant that has not previously received approval
42.6 or payment for any production capacity; or (2) new production
42.7 capacity at existing plants not to exceed planned expansions
42.8 reported to the commissioner by February 1997. The commissioner
42.9 may not approve any new production capacity after July 1, 1998,
42.10 except that a producer with an approved production capacity of
42.11 at least 12,000,000 gallons per year but less than 15,000,000
42.12 gallons per year prior to July 1, 1998, is approved for
42.13 15,000,000 gallons of production capacity.
42.14 (j) Notwithstanding the quarterly payment limits of
42.15 paragraph (f), the commissioner shall make an additional payment
42.16 in the eighth quarter of each fiscal biennium to ethanol
42.17 producers for the lesser of: (1) 20 cents per gallon of
42.18 production in the eighth quarter of the biennium that is greater
42.19 than 3,750,000 gallons; or (2) the total amount of payments lost
42.20 during the first seven quarters of the biennium due to plant
42.21 outages, repair, or major maintenance. Total payments to an
42.22 ethanol producer in a fiscal biennium, including any payment
42.23 under this paragraph, must not exceed the total amount the
42.24 producer is eligible to receive based on the producer's approved
42.25 production capacity. The provisions of this paragraph apply
42.26 only to production losses that occur in quarters beginning after
42.27 December 31, 1999.
42.28 (k) For the purposes of this subdivision "new production
42.29 capacity" means annual ethanol production capacity that was not
42.30 allowed under a permit issued by the pollution control agency
42.31 prior to July 1, 1997, or for which construction did not begin
42.32 prior to July 1, 1997.
42.33 Sec. 12. Minnesota Statutes 1998, section 41B.03,
42.34 subdivision 1, is amended to read:
42.35 Subdivision 1. [ELIGIBILITY GENERALLY.] To be eligible for
42.36 a program in sections 41B.01 to 41B.23:
43.1 (1) a borrower must be a resident of Minnesota or a
43.2 domestic family farm corporation, as defined in section 500.24,
43.3 subdivision 2; and
43.4 (2) the borrower or one of the borrowers must be the
43.5 principal operator of the farm or, for a prospective homestead
43.6 redemption borrower, must have at one time been the principal
43.7 operator of a farm; and
43.8 (3) the borrower must not receive assistance under sections
43.9 41B.01 to 41B.23 exceeding an aggregate of $100,000 in loans
43.10 during the borrower's lifetime.
43.11 Sec. 13. Minnesota Statutes 1998, section 41B.03,
43.12 subdivision 2, is amended to read:
43.13 Subd. 2. [ELIGIBILITY FOR RESTRUCTURED LOAN.] In addition
43.14 to the eligibility requirements of subdivision 1, a prospective
43.15 borrower for a restructured loan must:
43.16 (1) have received at least 50 percent of average annual
43.17 gross income from farming for the past three years or, for
43.18 homesteaded property, received at least 40 percent of average
43.19 gross income from farming in the past three years, and farming
43.20 must be the principal occupation of the borrower;
43.21 (2) have a debt-to-asset ratio equal to or greater than 50
43.22 percent and in determining this ratio, the assets must be valued
43.23 at their current market value;
43.24 (3) have projected annual expenses, including operating
43.25 expenses, family living, and interest expenses after the
43.26 restructuring, that do not exceed 95 percent of the borrower's
43.27 projected annual income considering prior production history and
43.28 projected prices for farm production, except that the authority
43.29 may reduce the 95 percent requirement if it finds that other
43.30 significant factors in the loan application support the making
43.31 of the loan; and
43.32 (4) demonstrate substantial difficulty in meeting projected
43.33 annual expenses without restructuring the loan; and
43.34 (5) must have a total net worth, including assets and
43.35 liabilities of the borrower's spouse and dependents, of less
43.36 than $400,000 in 1999 and an amount in subsequent years which is
44.1 adjusted for inflation by multiplying $400,000 by the cumulative
44.2 inflation rate as determined by the United States All-Items
44.3 Consumer Price Index.
44.4 Sec. 14. Minnesota Statutes 1998, section 41B.039,
44.5 subdivision 2, is amended to read:
44.6 Subd. 2. [STATE PARTICIPATION.] The state may participate
44.7 in a new real estate loan with an eligible lender to a beginning
44.8 farmer to the extent of 45 percent of the principal amount of
44.9 the loan or $100,000 $125,000, whichever is less. The interest
44.10 rates and repayment terms of the authority's participation
44.11 interest may be different than the interest rates and repayment
44.12 terms of the lender's retained portion of the loan.
44.13 Sec. 15. Minnesota Statutes 1998, section 41B.04,
44.14 subdivision 8, is amended to read:
44.15 Subd. 8. [STATE'S PARTICIPATION.] With respect to loans
44.16 that are eligible for restructuring under sections 41B.01 to
44.17 41B.23 and upon acceptance by the authority, the authority shall
44.18 enter into a participation agreement or other financial
44.19 arrangement whereby it shall participate in a restructured loan
44.20 to the extent of 45 percent of the primary principal or
44.21 $100,000 $150,000, whichever is less. The authority's portion
44.22 of the loan must be protected during the authority's
44.23 participation by the first mortgage held by the eligible lender
44.24 to the extent of its participation in the loan.
44.25 Sec. 16. Minnesota Statutes 1998, section 41B.042,
44.26 subdivision 4, is amended to read:
44.27 Subd. 4. [PARTICIPATION LIMIT; INTEREST.] The authority
44.28 may participate in new seller-sponsored loans to the extent of
44.29 45 percent of the principal amount of the loan or
44.30 $100,000 $125,000, whichever is less. The interest rates and
44.31 repayment terms of the authority's participation interest may be
44.32 different than the interest rates and repayment terms of the
44.33 seller's retained portion of the loan.
44.34 Sec. 17. Minnesota Statutes 1998, section 41B.043,
44.35 subdivision 2, is amended to read:
44.36 Subd. 2. [SPECIFICATIONS.] No direct loan may exceed
45.1 $35,000 or $100,000 $125,000 for a loan participation or be made
45.2 to refinance an existing debt. Each direct loan and
45.3 participation must be secured by a mortgage on real property and
45.4 such other security as the authority may require.
45.5 Sec. 18. Minnesota Statutes 1998, section 41B.045,
45.6 subdivision 2, is amended to read:
45.7 Subd. 2. [LOAN PARTICIPATION.] The authority may
45.8 participate in a livestock expansion loan with an eligible
45.9 lender to a livestock farmer who meets the requirements of
45.10 section 41B.03, subdivision 1, clauses (1) and (2), and who are
45.11 actively engaged in a livestock operation. A prospective
45.12 borrower must have a total net worth, including assets and
45.13 liabilities of the borrower's spouse and dependents, of less
45.14 than $400,000 in 1999 and an amount in subsequent years which is
45.15 adjusted for inflation by multiplying $400,000 by the cumulative
45.16 inflation rate as determined by the United States All-Items
45.17 Consumer Price Index.
45.18 Participation is limited to 45 percent of the principal
45.19 amount of the loan or $250,000, whichever is less. The interest
45.20 rates and repayment terms of the authority's participation
45.21 interest may be different from the interest rates and repayment
45.22 terms of the lender's retained portion of the loan. Loans under
45.23 this program must not be included in the lifetime limitation
45.24 calculated under section 41B.03, subdivision 1.
45.25 Sec. 19. [41B.048] [AGROFORESTRY LOAN PROGRAM.]
45.26 Subdivision 1. [PURPOSE.] The purpose of the agroforestry
45.27 loan program is to provide low interest financing to farmers
45.28 during the growing period required to convert agricultural land
45.29 to agroforestry.
45.30 Subd. 2. [ESTABLISHMENT.] The authority shall establish
45.31 and implement an agroforestry loan program to help finance the
45.32 production of short rotation woody crops. The authority may
45.33 contract with a fiscal agent to provide an efficient delivery
45.34 system for this program.
45.35 Subd. 3. [RULES.] The authority may adopt rules necessary
45.36 for administration of the program established under subdivision
46.1 2.
46.2 Subd. 4. [DEFINITIONS.] (a) The definitions in this
46.3 subdivision apply to this section.
46.4 (b) "Fiscal agent" means any lending institution or other
46.5 organization of a for-profit or nonprofit nature that is in good
46.6 standing with the state of Minnesota that has the appropriate
46.7 business structure and trained personnel suitable to providing
46.8 efficient disbursement of loan funds and the servicing and
46.9 collection of loans over an extended period of time.
46.10 (c) "Growing cycle" means the number of years from planting
46.11 to harvest.
46.12 (d) "Harvest" means the day that the crop arrives at the
46.13 scale of the buyer of the crop.
46.14 (e) "Short rotation woody crops" or "crop" means hybrid
46.15 poplar and other woody plants that are harvested for their fiber
46.16 within 15 years of planting.
46.17 Subd. 5. [ELIGIBILITY.] To be eligible for this program a
46.18 borrower must:
46.19 (1) be a resident of Minnesota or any entity eligible to
46.20 own farm land under section 500.24;
46.21 (2) be or plan to become a grower of short rotation woody
46.22 crops on agricultural land that is suitable for the profitable
46.23 production of short rotation woody crops;
46.24 (3) be a member of a producer-owned cooperative that will
46.25 contract to market the short rotation woody crop to be planted
46.26 by the borrower;
46.27 (4) demonstrate an ability to repay the loan;
46.28 (5) not receive assistance under this program for more than
46.29 $150,000 in the producer's lifetime;
46.30 (6) agree to work with appropriate local, state, and
46.31 federal agencies, and the marketing cooperative, to develop an
46.32 acceptable establishment and maintenance plan;
46.33 (7) agree not to plant short-rotation woody crops within
46.34 one-quarter of a mile of state or federally protected prairie;
46.35 and
46.36 (8) meet any other requirements the authority may impose by
47.1 administrative procedure or by rule.
47.2 Subd. 6. [LOANS.] (a) The authority may disburse loans
47.3 through a fiscal agent to farmers and agricultural landowners
47.4 who are eligible under subdivision 5. The total accumulative
47.5 loan principal must not exceed $75,000 per loan.
47.6 (b) The fiscal agent may impose a loan origination fee in
47.7 the amount of one percent of the total approved loan. This fee
47.8 is to be paid by the borrower to the fiscal agent at the time of
47.9 loan closing.
47.10 (c) The loan may be disbursed over a period not to exceed
47.11 12 years.
47.12 (d) A borrower may receive loans, depending on the
47.13 availability of funds, for planted areas up to 160 acres for up
47.14 to:
47.15 (1) the total amount necessary for establishment of the
47.16 crop;
47.17 (2) the total amount of maintenance costs, including weed
47.18 control, during the first three years; and
47.19 (3) 70 percent of the estimated value of one year's growth
47.20 of the crop for years four through 12.
47.21 (e) Security for the loan must be the crop, a personal note
47.22 executed by the borrower, an interest in the land upon which the
47.23 crop is growing, and whatever other security is required by the
47.24 fiscal agent or the authority. All recording fees must be paid
47.25 by the borrower.
47.26 (f) The authority may prescribe forms and establish an
47.27 application process for applicants to apply for a loan.
47.28 (g) The authority may impose a reasonable nonrefundable
47.29 application fee for each application for a loan under this
47.30 program. The application fee is initially $50. Application
47.31 fees received by the authority must be deposited in the
47.32 agroforestry loan program revolving fund established in
47.33 subdivision 7.
47.34 (h) Loans under the program must be made using money in the
47.35 agroforestry loan program revolving fund established in
47.36 subdivision 7.
48.1 (i) The interest payable on loans made by the authority for
48.2 the agroforestry loan program must, if funded by revenue bond
48.3 proceeds, be at a rate not less than the rate on the revenue
48.4 bonds, and may be established at a higher rate necessary to pay
48.5 costs associated with the issuance of the revenue bonds and a
48.6 proportionate share of the cost of administering the program.
48.7 The interest payable on loans for the agroforestry loan program
48.8 funded from sources other than revenue bond proceeds must be at
48.9 a rate determined by the authority.
48.10 (j) Loan principal balance outstanding plus all assessed
48.11 interest must be repaid within 120 days of harvest, but no later
48.12 than 15 years from planting.
48.13 Subd. 7. [REVOLVING FUND.] There is established in the
48.14 state treasury an agroforestry loan program revolving fund that
48.15 is eligible to receive appropriations or the proceeds of bond
48.16 sales. All repayments of financial assistance granted under
48.17 subdivision 2, including principal and interest, must be
48.18 deposited into this fund. Interest earned on money in the fund
48.19 accrues to the fund, and money in the fund is appropriated to
48.20 the commissioner for purposes of the agroforestry loan program,
48.21 including costs incurred by the authority to establish and
48.22 administer the program.
48.23 Subd. 8. [REVENUE BONDS.] The authority may issue revenue
48.24 bonds to finance the agroforestry loan program in accordance
48.25 with sections 41B.08 to 41B.15, 41B.17, and 41B.18. Bonds may
48.26 be refunded by the issuance of refunding bonds in the manner
48.27 authorized by chapter 475.
48.28 Sec. 20. [BIG BOG STATE RECREATION AREA.]
48.29 Subdivision 1. [85.013] [Subd. 2c.] [BIG BOG STATE
48.30 RECREATION AREA, BELTRAMI COUNTY.] Big Bog state recreation area
48.31 is established in Beltrami county.
48.32 Subd. 2. [PURPOSE.] The Big Bog state recreation area is
48.33 created to expand and diversify regional recreational
48.34 opportunities and to enrich the cultural, biological, and
48.35 historical opportunities for visitors to an area of the state
48.36 that has suffered severe economic distress. The Big Bog
49.1 recreational area will also enhance public appreciation and
49.2 provide for the long-term protection of a unique ecosystem.
49.3 Subd. 3. [BOUNDARIES.] The following described lands are
49.4 located within the boundaries of Big Bog state recreation area,
49.5 all in Beltrami county:
49.6 (1) Government Lots 1, 2, and 3 of Section 8, Township 154
49.7 North, Range 30 West, EXCEPT a tract in Government Lot 3
49.8 beginning 100 feet North of the South boundary of Government Lot
49.9 3 on the east right-of-way line of State Trunk Highway 72;
49.10 thence northerly 200 feet along said trunk highway; thence East
49.11 to the westerly right-of-way line of old Trunk Highway 72;
49.12 thence southerly 200 feet along said right-of-way line; thence
49.13 westerly to the point of beginning;
49.14 (2) all of Sections 25, 26, and 27; the east Half, the
49.15 Northwest Quarter, and the North Half of the Southwest Quarter
49.16 of Section 34; the North Half and the Southwest Quarter of
49.17 Section 35; the North Half, the East Half of the Southwest
49.18 Quarter, the Southwest Quarter of the Southwest Quarter, the
49.19 West Half of the Southeast Quarter, and the Southeast Quarter of
49.20 the Southeast Quarter of Section 36, all in Township 156 North,
49.21 Range 31 West; and
49.22 (3) all of Sections 1 and 2; the East Half of Section 3;
49.23 the East Half, the Southeast Quarter of the Northwest Quarter,
49.24 the East Half of the Southwest Quarter, and the Southwest
49.25 Quarter of the Southwest Quarter of Section 10; and all of
49.26 Sections 11, 12, 13, 14, and 15, all in Township 155 North,
49.27 Range 31 West.
49.28 Subd. 4. [ADMINISTRATION.] The commissioner of natural
49.29 resources shall administer the area according to Minnesota
49.30 Statutes, section 86A.05, subdivision 3, subject to existing
49.31 rules and regulations for state recreation areas.
49.32 Subd. 5. [CONTINUED LEASE OF LAND IN BIG BOG STATE
49.33 RECREATION AREA.] Notwithstanding Minnesota Statutes, sections
49.34 85.011, 85.013, 85.053, and 86A.05, the commissioner of natural
49.35 resources may continue to lease, upon the terms and conditions
49.36 as the commissioner may prescribe and in the form approved by
50.1 the attorney general, land within the Big Bog state recreation
50.2 area that is included in lease number 144-15-109 to Waskish
50.3 township.
50.4 Sec. 21. [RED RIVER STATE RECREATION AREA.]
50.5 Subdivision 1. [85.013] [Subd. 20a.] [RED RIVER STATE
50.6 RECREATION AREA, POLK COUNTY.] The Red River state recreation
50.7 area is established in Polk county.
50.8 Subd. 2. [BOUNDARIES.] The following described lands are
50.9 located within the boundaries of the Red River state recreation
50.10 area, all in Polk county:
50.11 (1) Lots 3 to 14 of Block 2 including streets and alleys
50.12 adjacent thereto in Riverside Addition;
50.13 (2) Block 1 including streets and alleys adjacent thereto
50.14 in Surprenant's Addition;
50.15 (3) Lots 1 to 24 including streets and alleys adjacent
50.16 thereto in Grigg's Addition;
50.17 (4) Lots 2, 4, 6, 8, 10, and 12 of Block 1, Block 3, Lots 1
50.18 to 10 of Block 4, and Lots 1 to 12 in Blocks A and B including
50.19 streets and alleys adjacent thereto in Grand Forks East;
50.20 (5) Lots 1 to 5 of Block 1 and Blocks 2 to 14 including
50.21 streets and alleys adjacent thereto in Lake Park Addition;
50.22 (6) Lots 1 to 7 and Lots 19 to 24 of Block 2 including
50.23 streets and alleys adjacent thereto in E.B. Frederick's
50.24 Addition;
50.25 (7) Lots 1 to 3 of Block 1 and Blocks 2, 3, and 4 including
50.26 streets and alleys adjacent thereto in Budge's First Addition;
50.27 (8) Lots 1 to 4 of Block 1 including streets and alleys
50.28 adjacent thereto in River Heights 1st Addition;
50.29 (9) Blocks 1 and 2 including streets and alleys adjacent
50.30 thereto in Thompson's Addition;
50.31 (10) Lots 1 to 12 of Block 1, Lots 4 to 12 of Block 2,
50.32 Block 3, and Lots 1 to 4 of Block 4 in Edwards Outlots and
50.33 Outlots 4 to 8 including streets and alleys adjacent thereto in
50.34 Auditor's Plat of Outlots;
50.35 (11) Auditor's Plat of Mrs. Hines' Outlot;
50.36 (12) Lots 6, 8, 10, 12, 14, 16, 18, 20, 22, and 24 of Block
51.1 3 and Lots 1 to 8 of Block 2 including streets and alleys
51.2 adjacent thereto in the Original Townsite of East Grand Forks;
51.3 (13) Blocks 1 to 8 including streets and alleys adjacent
51.4 thereto in Woodland Addition;
51.5 (14) Lots 1, 3, 5, 7, 9, 11, 13, 15, 17, 19, 21, and 23 of
51.6 Block 31 and Blocks 32 to 38 including streets and alleys
51.7 adjacent thereto in Traill's Addition;
51.8 (15) Blocks 2 to 16 including streets and alleys adjacent
51.9 thereto in Elm Grove;
51.10 (16) Block 1, Lots 1 to 11 of Block 2, and Lots 1 to 11 of
51.11 Block 3 including streets and alleys adjacent thereto in O'Leary
51.12 and Ryan's Addition to Elm Grove;
51.13 (17) Lots 6 to 10 of Block 1, Lots 8 to 35 of Block 2,
51.14 Blocks 3, 4, and 5 including streets and alleys adjacent thereto
51.15 in Folson Park Addition;
51.16 (18) Lots 1 to 6 of Block 1 in Jerome's Addition;
51.17 (19) Lots 1 to 4 of Block 3 in Prestige Addition;
51.18 (20) Lots 1 to 14 of Block 1 in Riverview Addition;
51.19 (21) Lots 6 to 16 of Block 3 in Riverview 3rd Addition;
51.20 (22) Lots 1 to 4 of Block 1 in Riverview 4th Addition;
51.21 (23) Lots 1 and 2 of Block 1 in Riverview 5th Addition;
51.22 (24) Lots 1 to 9 of Block 1 and Outlot A in Riverview 6th
51.23 Addition;
51.24 (25) Lots 1 to 18 of Block 1 and Lots 1 to 5 of Block 2
51.25 including streets and alleys adjacent thereto in Timberline 2nd
51.26 Addition;
51.27 (26) Lots 14 to 16 of Block 1 including streets and alleys
51.28 adjacent thereto in Timberline Addition;
51.29 (27) Lots 19 and 20 including streets and alleys adjacent
51.30 thereto in Murphy's Outlots;
51.31 (28) Lots 1 to 10 of Block 1 including streets and alleys
51.32 thereto in Croy's 2nd Addition;
51.33 (29) Lots 1 to 6 of Block 1 including the streets and
51.34 alleys adjacent thereto in Point of Woods 2nd Addition;
51.35 (30) Lots 1 to 6 of Block 1 including the streets and
51.36 alleys adjacent thereto in Point of Woods Addition;
52.1 (31) the unplatted portions of Government Lots 1, 2, and 3
52.2 of Section 35, Township 152 North, Range 50 West;
52.3 (32) all of Government Lot 7, the unplatted portion of
52.4 Government Lot 9, and that part of Government Lots 6 and 8 and
52.5 the Southeast Quarter of the Southeast Quarter lying
52.6 southwesterly of the southwesterly right-of-way line of the
52.7 Burlington Northern and Santa Fe Railroad of Section 1, Township
52.8 151 North, Range 50 West;
52.9 (33) the unplatted portions of Government Lots 2, 3, 4, 5,
52.10 and 6 of Section 2, Township 151 North, Range 50 West;
52.11 (34) all of Government Lots 1 and 2 of Section 11, Township
52.12 151 North, Range 50 West;
52.13 (35) all of Government Lots 1, 7, and 11, the unplatted
52.14 portions of Government Lots 3, 5, 9, and 10, and the Northeast
52.15 Quarter of the Northwest Quarter of Section 12, Township 151
52.16 North, Range 50;
52.17 (36) all of Government Lots 1 and 2, the Southwest Quarter
52.18 of the Northwest Quarter, and the Northwest Quarter of the
52.19 Southwest Quarter of Section 13, Township 151 North, Range 50
52.20 West;
52.21 (37) all of Government Lots 1, 2, 3, and 4 of Section 14;
52.22 Township 151 North, Range 50 West;
52.23 (38) that part of Government Lot 7 lying southwesterly of
52.24 the southwesterly right-of-way line of the Burlington Northern
52.25 and Santa Fe Railroad of Section 6, Township 151 North, Range 49
52.26 West; and
52.27 (39) all of Government Lots 2, 6, 7, and 9, the Northwest
52.28 Quarter of the Northeast Quarter, the Northeast Quarter of the
52.29 Northeast Quarter, the unplatted portions of Government Lots 3
52.30 and 5, and that part of Government Lot 1 and the Northeast
52.31 Quarter of the Northwest Quarter lying southwesterly of the
52.32 southwesterly right-of-way line of the Burlington Northern and
52.33 Santa Fe Railroad of Section 7, Township 151 North, Range 49
52.34 West.
52.35 Subd. 3. [ADMINISTRATION.] The commissioner of natural
52.36 resources shall administer the area according to Minnesota
53.1 Statutes, section 86A.05, subdivision 3, subject to existing
53.2 rules and regulations for state recreation areas. The
53.3 commissioner shall appoint a citizens' oversight committee to
53.4 assist with developing and managing the area. The committee
53.5 shall serve without compensation and is exempt from Minnesota
53.6 Statutes, section 15.059.
53.7 Sec. 22. Minnesota Statutes 1998, section 85.015, is
53.8 amended by adding a subdivision to read:
53.9 Subd. 8a. [MILL TOWNS TRAIL.] (a) The trail shall
53.10 originate at a point commonly known as Faribault Junction in
53.11 Rice county, the termination point of the Sakatah Singing Hills
53.12 Trail, and shall extend through the towns of Faribault, Dundas,
53.13 Northfield, Waterford, and Randolph, to the termination point of
53.14 the Cannon Valley Trail in Cannon Falls. The trail may be
53.15 located within the Cannon river wild, scenic, and recreational
53.16 land use district.
53.17 (b) The trail shall be developed primarily for riding and
53.18 hiking. Motorized vehicles, except snowmobiles, are prohibited
53.19 from the trail.
53.20 Sec. 23. Minnesota Statutes 1998, section 85.34,
53.21 subdivision 1, is amended to read:
53.22 Subdivision 1. The commissioner of natural resources with
53.23 the approval of the Executive Council may lease for purposes of
53.24 restoration, preservation, historical, recreational,
53.25 educational, and commercial use and development, that portion of
53.26 Fort Snelling state park known as the upper bluff consisting of
53.27 officer's row and, area J, the polo grounds, the adjacent golf
53.28 course, and residential, storage and service all buildings and
53.29 improvements located thereon, all lying within an area bounded
53.30 by Minneapolis-St. Paul International Airport, trunk highway
53.31 highways numbered 5 and 55, Taylor avenue, Minnehaha avenue, and
53.32 Bloomington Road. The lease or leases shall be in a form
53.33 approved by the attorney general and for a term of not to exceed
53.34 99 years. The lease or leases may provide for the provision of
53.35 capital improvements or other performance by the tenant or
53.36 tenants in lieu of all or some of the payments of rent that
54.1 would otherwise be required.
54.2 Sec. 24. Minnesota Statutes 1998, section 85.34, is
54.3 amended by adding a subdivision to read:
54.4 Subd. 4. All receipts derived from the leasing or
54.5 operation of the property described in subdivision 1 shall be
54.6 deposited in the state treasury and be credited to the state
54.7 parks working capital account designated in section 85.22,
54.8 subdivision 1. Receipts and expenses from the leasing or
54.9 operation of the property described in subdivision 1 shall be
54.10 tracked separately within the account. Money in the account
54.11 derived from the leasing or operation of the property described
54.12 in subdivision 1 is annually appropriated for the payment of
54.13 expenses attributable to the leasing and operation of the
54.14 property described in subdivision 1, included but not limited to
54.15 the maintenance, repair, and rehabilitation of historic
54.16 buildings and landscapes. Any excess receipts in this account
54.17 are annually appropriated for historic preservation purposes
54.18 within state parks.
54.19 Sec. 25. Minnesota Statutes 1998, section 85.34, is
54.20 amended by adding a subdivision to read:
54.21 Subd. 5. The commissioner of natural resources may provide
54.22 an exception, in whole or in part, to the rules for use of state
54.23 parks and other recreational areas for property leased pursuant
54.24 to subdivision 1. The exception may be provided by
54.25 commissioner's order and shall be effective for the term of the
54.26 lease or such lesser period of time specified by the
54.27 commissioner.
54.28 Sec. 26. Minnesota Statutes 1998, section 97A.055,
54.29 subdivision 2, is amended to read:
54.30 Subd. 2. [RECEIPTS.] The state treasurer shall credit to
54.31 the game and fish fund all money received under the game and
54.32 fish laws including receipts from:
54.33 (1) licenses issued;
54.34 (2) fines and forfeited bail;
54.35 (3) sales of contraband, wild animals, and other property
54.36 under the control of the division;
55.1 (4) fees from advanced education courses for hunters and
55.2 trappers;
55.3 (5) reimbursements of expenditures by the division; and
55.4 (6) contributions to the division; and
55.5 (7) revenue credited to the game and fish fund under
55.6 section 297A.44, subdivision 1, paragraph (e), clause (1).
55.7 Sec. 27. Minnesota Statutes 1998, section 103E.011, is
55.8 amended by adding a subdivision to read:
55.9 Subd. 5. [USE OF EXTERNAL SOURCES OF
55.10 FUNDING.] Notwithstanding other provisions of this chapter, a
55.11 drainage authority may accept and use funds from sources other
55.12 than, or in addition to, those derived from assessments based on
55.13 the benefits of the drainage system for the purposes of wetland
55.14 preservation or restoration or creation of water quality
55.15 improvements or flood control. The sources of funding
55.16 authorized under this subdivision may also be used outside the
55.17 benefited area but must be within the watershed of the drainage
55.18 system.
55.19 Sec. 28. Minnesota Statutes 1999 Supplement, section
55.20 116.073, subdivision 1, is amended to read:
55.21 Subdivision 1. [AUTHORITY TO ISSUE.] (a) Pollution control
55.22 agency staff designated by the commissioner and department of
55.23 natural resources conservation officers may issue citations to a
55.24 person who:
55.25 (1) disposes of solid waste as defined in section 116.06,
55.26 subdivision 22, at a location not authorized by law for the
55.27 disposal of solid waste without permission of the owner of the
55.28 property;
55.29 (2) fails to report or recover oil or hazardous substance
55.30 discharges as required under section 115.061; or
55.31 (3) fails to take discharge preventive or preparedness
55.32 measures required under chapter 115E.
55.33 (b) In addition, pollution control agency staff designated
55.34 by the commissioner may issue citations to owners and operators
55.35 of facilities dispensing petroleum products who violate sections
55.36 116.46 to 116.50 and Minnesota Rules, chapters 7150 and 7151 and
56.1 parts 7001.4200 to 7001.4300. The citations for violation of
56.2 sections 116.46 to 116.50 and Minnesota Rules, chapter 7150, may
56.3 be issued only after the owners and operators have had a 90-day
56.4 period to correct all the violations stated in a letter issued
56.5 previously by pollution control agency staff. A citation issued
56.6 under this subdivision must include a requirement that the
56.7 person cited remove and properly dispose of or otherwise manage
56.8 the waste or discharged oil or hazardous substance, reimburse
56.9 any government agency that has disposed of the waste or
56.10 discharged oil or hazardous substance and contaminated debris
56.11 for the reasonable costs of disposal, or correct any underground
56.12 storage tank violations.
56.13 (c) Until June 1, 2004, citations for violation of sections
56.14 115E.045 and 116.46 to 116.50 and Minnesota Rules, chapters 7150
56.15 and 7151, may be issued only after the owners and operators have
56.16 had a 90-day period to correct violations stated in writing by
56.17 pollution control agency staff, unless there is a discharge
56.18 associated with the violation or the violation is of Minnesota
56.19 Rules, part 7151.6400, subpart 1, item B, or 7151.6500.
56.20 Sec. 29. Minnesota Statutes 1998, section 297A.44,
56.21 subdivision 1, is amended to read:
56.22 Subdivision 1. (a) Except as provided in paragraphs (b) to
56.23 (d) (f), all revenues, including interest and penalties, derived
56.24 from the excise and use taxes imposed by sections 297A.01 to
56.25 297A.44 shall be deposited by the commissioner in the state
56.26 treasury and credited to the general fund.
56.27 (b) All excise and use taxes derived from sales and use of
56.28 property and services purchased for the construction and
56.29 operation of an agricultural resource project, from and after
56.30 the date on which a conditional commitment for a loan guaranty
56.31 for the project is made pursuant to section 41A.04, subdivision
56.32 3, shall be deposited in the Minnesota agricultural and economic
56.33 account in the special revenue fund. The commissioner of
56.34 finance shall certify to the commissioner the date on which the
56.35 project received the conditional commitment. The amount
56.36 deposited in the loan guaranty account shall be reduced by any
57.1 refunds and by the costs incurred by the department of revenue
57.2 to administer and enforce the assessment and collection of the
57.3 taxes.
57.4 (c) All revenues, including interest and penalties, derived
57.5 from the excise and use taxes imposed on sales and purchases
57.6 included in section 297A.01, subdivision 3, paragraphs (d) and
57.7 (k), clauses (1) and (2), must be deposited by the commissioner
57.8 in the state treasury, and credited as follows:
57.9 (1) first to the general obligation special tax bond debt
57.10 service account in each fiscal year the amount required by
57.11 section 16A.661, subdivision 3, paragraph (b); and
57.12 (2) after the requirements of clause (1) have been met, the
57.13 balance must be credited to the general fund.
57.14 (d) The revenues, including interest and penalties,
57.15 collected under section 297A.135, subdivision 5, shall be
57.16 deposited by the commissioner in the state treasury and credited
57.17 to the general fund. By July 15 of each year the commissioner
57.18 shall transfer to the highway user tax distribution fund an
57.19 amount equal to the excess fees collected under section
57.20 297A.135, subdivision 5, for the previous calendar year.
57.21 (e) For fiscal year 2001, 97 percent, and for fiscal year
57.22 2002 and thereafter, 87 percent of the revenues, including
57.23 interest and penalties, transmitted to the commissioner under
57.24 section 297A.259, must be deposited by the commissioner in the
57.25 state treasury as follows:
57.26 (1) 50 percent of the receipts must be deposited in the
57.27 heritage enhancement account in the game and fish fund, and may
57.28 be spent only on activities that improve, enhance, or protect
57.29 fish and wildlife resources, including conservation,
57.30 restoration, and enhancement of land, water, and other natural
57.31 resources of the state;
57.32 (2) 22.5 percent of the receipts must be deposited in the
57.33 natural resources fund, and may be spent only for state parks
57.34 and trails;
57.35 (3) 22.5 percent of the receipts must be deposited in the
57.36 natural resources fund, and may be spent only on metropolitan
58.1 park and trail grants;
58.2 (4) three percent of the receipts must be deposited in the
58.3 natural resources fund, and may be spent only on local trail
58.4 grants; and
58.5 (5) two percent of the receipts must be deposited in the
58.6 natural resources fund, and may be spent only for the Minnesota
58.7 zoological garden, the Como park zoo and conservatory, and the
58.8 Duluth zoo.
58.9 (f) The revenue dedicated under paragraph (e) may not be
58.10 used as a substitute for traditional sources of funding for the
58.11 purposes specified, but the dedicated revenue shall supplement
58.12 traditional sources of funding for those purposes. Land
58.13 acquired with money deposited in the game and fish fund under
58.14 paragraph (e) must be open to public hunting and fishing during
58.15 the open season. At least 87 percent of the money deposited in
58.16 the game and fish fund for improvement, enhancement, or
58.17 protection of fish and wildlife resources under paragraph (e)
58.18 must be allocated for field operations.
58.19 Sec. 30. Minnesota Statutes 1998, section 383B.235, is
58.20 amended by adding a subdivision to read:
58.21 Subd. 3. [EXISTING FACILITY MAY USE
58.22 CAPACITY.] Notwithstanding subdivisions 1 and 2, an existing
58.23 resource recovery facility may reclaim, burn, use, process, or
58.24 dispose of mixed municipal solid waste to the full extent of its
58.25 maximum yearly capacity as of January 1, 2000. The facility
58.26 must continue to comply with all federal and state environmental
58.27 laws and regulations and must obtain a conditional use permit
58.28 from the municipality where the facility is located.
58.29 Sec. 31. Laws 1998, chapter 389, article 16, section 31,
58.30 subdivision 2, as amended by Laws 1999, chapter 180, section 1,
58.31 is amended to read:
58.32 Subd. 2. [EXCHANGE OF COUNTY LAKESHORE LAND FOR LEASED
58.33 LAKESHORE LOTS.] (a) For the purposes of this section:
58.34 (1) "county land" includes, but is not limited to,
58.35 tax-forfeited land administered by any county;
58.36 (2) "leased lakeshore lots" means lands leased by the
59.1 state, including lots for which leases have been canceled,
59.2 pursuant to Minnesota Statutes, section 92.46, subdivision 1;
59.3 and
59.4 (3) "plan for exchange" means a listing of parcels proposed
59.5 for exchange with legal descriptions, county estimates of
59.6 values, and maps and acreage for each parcel. By July 1, 1999,
59.7 counties shall include exchange plans for all lakeshore lease
59.8 lots that are in substantial compliance with official controls.
59.9 The plan shall also include a timeline that provides for the
59.10 completion of the exchange of all remaining lakeshore lease lots
59.11 by December 31, 2000.
59.12 (b) By July 1, 1999, a county board with leased lakeshore
59.13 lots must petition the land exchange board with a plan for an
59.14 exchange of county land for leased lakeshore lots in the county
59.15 that are not listed by the commissioner pursuant to subdivision
59.16 1. Notwithstanding Minnesota Statutes, section 94.342, the land
59.17 proposed for the exchange must be land bordering on or adjacent
59.18 to meandered or other public waters. A county board proposing
59.19 an exchange under this section may include tax-forfeited land
59.20 administered by another county in the proposal with the consent
59.21 of that county board.
59.22 (c) In determining the value of the leased lakeshore lots
59.23 for purposes of the exchange, the land exchange board must
59.24 review an appraisal of each lot prepared by an appraiser
59.25 licensed by the commissioner of commerce. The selection of the
59.26 appraiser must be agreed to by the commissioner of natural
59.27 resources and the county board of the county containing the
59.28 leased lakeshore lot. The commissioner of natural resources
59.29 must pay the costs of appraisal and may recover these costs as
59.30 provided in this section. The commissioner must submit
59.31 appraisals under this paragraph to the land exchange board by
59.32 June 1, 1999.
59.33 (d) The land exchange board must determine whether the land
59.34 offered for exchange by a county under this section is lakeshore
59.35 of substantially equal value to the leased lakeshore lots
59.36 included in the county's petition. In making this
60.1 determination, the land exchange board must review an appraisal
60.2 of the land offered for exchange prepared by an appraiser
60.3 licensed by the commissioner of commerce. The selection of the
60.4 appraiser must be agreed to by the commissioner of natural
60.5 resources and the county board of the county containing the
60.6 leased lakeshore lots. The county must pay the costs of this
60.7 appraisal and may recover those costs as provided in this
60.8 section.
60.9 (e) Before the proposed exchange may be submitted to the
60.10 land exchange board, the commissioner of natural resources must
60.11 ensure that, whenever possible, state lands are added to the
60.12 leased lakeshore lots when necessary to provide conformance with
60.13 zoning official controls. The lands added to the leased
60.14 lakeshore lots must be included in the appraised value of the
60.15 lots. If the commissioner is unable to add the necessary land
60.16 to a lot, the lot shall be treated as if purchased at the time
60.17 the state first leased the site, for the purposes of local
60.18 zoning and other ordinances at the time of sale of the lot by
60.19 the county.
60.20 (f) Additional state or county lands, including state
60.21 riparian land leased for a commercial use, may be added to the
60.22 exchanges if mutually agreed upon by the commissioner and the
60.23 affected county board to meet county zoning standards or other
60.24 regulatory needs for the lots, for use of the land by the county
60.25 or state, or to avoid leaving unmanageable parcels of land in
60.26 state or county ownership after an exchange, or to dispose of
60.27 state commercial riparian leases. The additional county land
60.28 may include nonriparian land, if the land is adjacent to county
60.29 land exchanged under this section and is beneficial to or
60.30 enhances the value of the school trust land. Notwithstanding
60.31 Minnesota Statutes, chapter 282, or any other law to the
60.32 contrary, a county board may sell all or part of any additional
60.33 land to an owner of a lakeshore lot sold by the county under
60.34 this section, or sold by the state at a lakeshore lot sale, or
60.35 to the lessee of a commercial lease.
60.36 (g) In the event that commercial leased state land is
61.1 proposed for exchange, the state and county must submit to the
61.2 land exchange board prior to exchanges, without regard to the
61.3 dates provided in this section, the reports, appraisals, and
61.4 plan for exchange required by this section. The county is not
61.5 required to sell the commercially leased lands it receives from
61.6 the state within the times stated in this section.
61.7 (h) The land exchange board must determine whether the lots
61.8 are of substantially equal value and may approve the exchange,
61.9 notwithstanding the requirements of Minnesota Statutes, sections
61.10 94.342 to 94.347, relating to the approval process. If the
61.11 board approves the exchange, the commissioner must exchange the
61.12 leased lakeshore lots for the county lands, together with any
61.13 additional state land provided for under this section, subject
61.14 to the requirements of the Minnesota Constitution, article XI,
61.15 section 10, relating to the reservation of mineral and water
61.16 power rights.
61.17 (i) The deeds between the state and counties for land
61.18 exchanges under this section are exempt from the deed tax
61.19 imposed by Minnesota Statutes, section 287.21.
61.20 (j) The deeds issued by the state and counties for the land
61.21 exchanges and sales to a lessee made pursuant to this section
61.22 are exempt from the requirements imposed for well disclosure by
61.23 Minnesota Statutes, section 103I.235, well sealing by Minnesota
61.24 Statutes, section 103I.311, and individual sewage treatment
61.25 system disclosure by Minnesota Statutes, section 115.55,
61.26 subdivision 6.
61.27 Sec. 32. Laws 1998, chapter 404, section 7, subdivision
61.28 23, as amended by Laws 1999, chapter 231, section 194, and Laws
61.29 1999, chapter 240, article 1, section 20, is amended to read:
61.30 Subd. 23. Metro Regional Trails 5,000,000
61.31 For grants to the metropolitan council
61.32 for acquisition and development of a
61.33 capital nature of trail connections in
61.34 the metropolitan area as specified in
61.35 this subdivision. The purpose of the
61.36 grants is to improve trails in the
61.37 metropolitan park and open space system
61.38 and connect them with existing state
61.39 and regional trails. Priority shall be
61.40 given to matching funds for an ISTEA
61.41 grant.
62.1 The funds shall be allocated by the
62.2 council as follows:
62.3 (1) $1,050,000 is allocated to Ramsey
62.4 county as follows:
62.5 (i) $400,000 to complete six miles of
62.6 trails between the Burlington Northern
62.7 Regional Trail and Bald Eagle-Otter
62.8 Lake Regional Park;
62.9 (ii) $150,000 to complete a one-mile
62.10 connection between Birch Lake and the
62.11 Lake Tamarack segment of Bald
62.12 Eagle-Otter Lake Regional Park;
62.13 (iii) $500,000 to acquire real property
62.14 and design and construct or renovate
62.15 recreation facilities along the
62.16 Mississippi River in cooperation with
62.17 the city of St. Paul;
62.18 (2) $1,050,000 is allocated to the city
62.19 of St. Paul as follows:
62.20 (i) $250,000 to construct a bridge over
62.21 Lexington Parkway in Como Regional
62.22 Park; and
62.23 (ii) $800,000 to enhance amenities for
62.24 the trailhead at the Lilydale-Harriet
62.25 Island Regional Park pavilion;
62.26 (3) $1,400,000 is allocated to Anoka
62.27 county to construct:
62.28 (i) a pedestrian tunnel under Highway
62.29 65 on the Rice Creek West Regional
62.30 Trail in the city of Fridley; and
62.31 (ii) restrooms, trailhead, signs, and
62.32 amenities at the trailhead to the Rice
62.33 Creek West Regional Trail; and
62.34 (iii) a pedestrian bridge on the
62.35 Mississippi River Regional Trail
62.36 crossing over Mississippi Street in the
62.37 city of Fridley; and
62.38 (4) $1,500,000 is allocated to the
62.39 suburban Hennepin regional park
62.40 district as follows:
62.41 (i) $1,000,000 to connect North
62.42 Hennepin Regional Trail to Luce Line
62.43 State Trail and Medicine Lake; and
62.44 (ii) $500,000 is for the cost of
62.45 development and acquisition of the
62.46 Southwest regional trail in the city of
62.47 St. Louis Park. The trail must connect
62.48 the Minneapolis regional trail system
62.49 at Cedar Lake park to the Hennepin
62.50 parks regional trail system at the
62.51 Hopkins trail head.
62.52 Sec. 33. Laws 1999, chapter 231, section 2, subdivision 2,
62.53 is amended to read:
62.54 Subd. 2. Protection of the Water
63.1 15,984,000 16,008,000
63.2 Summary by Fund
63.3 General 13,074,000 13,283,000 12,983,000
63.4 State Government
63.5 Special Revenue 44,000 45,000
63.6 Environmental 2,616,000 2,680,000 2,980,000
63.7 Petroleum tank 250,000 -0-
63.8 $2,348,000 the first year and
63.9 $2,348,000 the second year are for
63.10 grants to local units of government for
63.11 the clean water partnership program.
63.12 The amount of this appropriation above
63.13 the base is for Phase II implementation
63.14 projects. Any unencumbered balance
63.15 remaining in the first year does not
63.16 cancel and is available for the second
63.17 year of the biennium.
63.18 $1,470,000 the first year and
63.19 $1,841,000 the second year are for
63.20 grants for county administration of the
63.21 feedlot permit program. These amounts
63.22 are transferred to the board of water
63.23 and soil resources for disbursement in
63.24 accordance with Minnesota Statutes,
63.25 section 103B.3369, in cooperation with
63.26 the pollution control agency. Grants
63.27 must be matched with a combination of
63.28 local cash and/or in-kind
63.29 contributions. Counties receiving
63.30 these grants shall submit an annual
63.31 report to the pollution control agency
63.32 regarding activities conducted under
63.33 the grant, expenditures made, and local
63.34 match contributions. First priority
63.35 for funding shall be given to counties
63.36 that have requested and received
63.37 delegation from the pollution control
63.38 agency for processing of animal feedlot
63.39 permit applications under Minnesota
63.40 Statutes, section 116.07, subdivision
63.41 7. Delegated counties shall be
63.42 eligible to receive a grant of either:
63.43 $50 multiplied by the number of
63.44 livestock or poultry farms with sales
63.45 greater than $10,000, as reported in
63.46 the 1997 Census of Agriculture,
63.47 published by the United States Bureau
63.48 of Census; or $80 multiplied by the
63.49 number of feedlots with greater than
63.50 ten animal units as determined by a
63.51 level 2 or level 3 feedlot inventory
63.52 conducted in accordance with the
63.53 Feedlot Inventory Guidebook published
63.54 by the board of water and soil
63.55 resources, dated June 1991. To receive
63.56 the additional funding that is based on
63.57 the county feedlot inventory, the
63.58 county shall submit a copy of the
63.59 inventory to the pollution control
63.60 agency. Any remaining money is for
63.61 distribution to all counties on a
63.62 competitive basis through the challenge
63.63 grant process for the conducting of
63.64 feedlot inventories, development of
64.1 delegated county feedlot programs, and
64.2 for information and education or
64.3 technical assistance efforts to reduce
64.4 feedlot-related pollution hazards. Any
64.5 money remaining after the first year is
64.6 available for the second year.
64.7 $94,000 the first year and $97,000 the
64.8 second year are for compliance
64.9 activities and air quality monitoring
64.10 to address hydrogen sulfide emissions
64.11 from animal feedlots. The air quality
64.12 monitoring must include the use of
64.13 portable survey instruments.
64.14 $1,043,000 the first year and
64.15 $1,048,000 the second year are for
64.16 water monitoring activities.
64.17 $320,000 the first year and $322,000
64.18 the second year are for community
64.19 technical assistance and education,
64.20 including grants and technical
64.21 assistance to communities for local and
64.22 basin-wide water quality protection.
64.23 $201,000 the first year and $202,000
64.24 the second year are for individual
64.25 sewage treatment system (ISTS)
64.26 administration. Of this amount, $86,000
64.27 in each year is transferred to the
64.28 board of water and soil resources for
64.29 assistance to local units of government
64.30 through competitive grant programs for
64.31 ISTS program development.
64.32 $200,000 in each year is for individual
64.33 sewage treatment system grants. Any
64.34 unexpended balance in the first year
64.35 does not cancel, but is available in
64.36 the second year.
64.37 $250,000 the first year and $500,000
64.38 the second year are for studies to
64.39 determine total maximum daily load
64.40 allocations to improve water quality.
64.41 $300,000 each the first year is from
64.42 the general fund and $300,000 the
64.43 second year from the environmental fund
64.44 are for continuing research on
64.45 malformed frogs. This is a one-time
64.46 appropriation.
64.47 $126,000 is for administration of the
64.48 wastewater infrastructure fund (WIF)
64.49 construction program. This is a
64.50 one-time appropriation.
64.51 $250,000 the first year,
64.52 notwithstanding Minnesota Statutes,
64.53 section 115C.08, subdivision 4, is from
64.54 the petroleum tank release fund for the
64.55 following purposes: (1) to purchase
64.56 and distribute emergency spill response
64.57 equipment, such as spill containment
64.58 booms, sorbent pads, and installation
64.59 tools, along the Mississippi river
64.60 upstream of drinking water intakes at
64.61 the locations designated by the agency
64.62 in consultation with the Mississippi
65.1 River Defense Network; (2) to purchase
65.2 mobile trailers to contain the
65.3 equipment in clause (1) so that rapid
65.4 deployment can occur; and (3) to
65.5 conduct spill response training for
65.6 those groups of responders receiving
65.7 the spill response equipment described
65.8 in clause (1). The agency shall
65.9 develop and administer protocol for the
65.10 use of the equipment among all
65.11 potential users, including private
65.12 contract firms, public response
65.13 agencies, and units of government. Any
65.14 money remaining after the first year is
65.15 available for the second year. This is
65.16 a one-time appropriation.
65.17 $100,000 for the biennium is for a
65.18 grant to the city of Garrison for the
65.19 Garrison, Kathio, West Mille Lacs Lake
65.20 Sanitary District for the cost of
65.21 environmental studies, planning, and
65.22 legal assistance for sewage treatment
65.23 purposes. This is a one-time
65.24 appropriation.
65.25 Until July 1, 2001, the agency shall
65.26 not approve additional fees on animal
65.27 feedlot operations.
65.28 Sec. 34. Laws 1999, chapter 231, section 6, as amended by
65.29 Laws 1999, chapter 249, section 10, is amended to read:
65.30 Sec. 6. BOARD OF WATER AND
65.31 SOIL RESOURCES 18,896,000 18,228,000
65.32 $5,480,000 the first year and
65.33 $5,480,000 the second year are for
65.34 natural resources block grants to local
65.35 governments. Of this amount, $50,000
65.36 each year is for a grant to the North
65.37 Shore Management Board, $35,000 each
65.38 year is for a grant to the St. Louis
65.39 River Board, $100,000 each year is for
65.40 a grant to the Minnesota River Basin
65.41 Joint Powers Board, and $27,000 each
65.42 year is for a grant to the Southeast
65.43 Minnesota Resources Board.
65.44 The board shall reduce the amount of
65.45 the natural resource block grant to a
65.46 county by an amount equal to any
65.47 reduction in the county's general
65.48 services allocation to a soil and water
65.49 conservation district from the county's
65.50 1998 allocation.
65.51 Grants must be matched with a
65.52 combination of local cash or in-kind
65.53 contributions. The base grant portion
65.54 related to water planning must be
65.55 matched by an amount that would be
65.56 raised by a levy under Minnesota
65.57 Statutes, section 103B.3369.
65.58 $3,867,000 the first year and
65.59 $3,867,000 the second year are for
65.60 grants to soil and water conservation
65.61 districts for general purposes,
65.62 nonpoint engineering, and for
66.1 implementation of the RIM conservation
66.2 reserve program. Upon approval of the
66.3 board, expenditures may be made from
66.4 these appropriations for supplies and
66.5 services benefiting soil and water
66.6 conservation districts.
66.7 $4,120,000 the first year and
66.8 $4,120,000 the second year are for
66.9 grants to soil and water conservation
66.10 districts for cost-sharing contracts
66.11 for erosion control and water quality
66.12 management. Of this amount, $32,000
66.13 the first year is and up to $90,000 the
66.14 second year are for a grant grants to
66.15 the Blue Earth county soil and water
66.16 conservation districts for stream bank
66.17 stabilization on the LeSueur river
66.18 within the city limits of St. Clair;
66.19 and at least $1,500,000 the first year
66.20 and $1,500,000 the second year are for
66.21 state cost-share grants for
66.22 cost-sharing contracts for water
66.23 quality management on feedlots.
66.24 Priority must be given to feedlot
66.25 operators who have received notices of
66.26 violation and for feedlots in counties
66.27 that are conducting or have completed a
66.28 level 2 or level 3 feedlot inventory.
66.29 This appropriation is available until
66.30 expended. If the appropriation in
66.31 either year is insufficient, the
66.32 appropriation in the other year is
66.33 available for it.
66.34 $100,000 the first year and $100,000
66.35 the second year are for a grant to the
66.36 Red river basin board to develop a Red
66.37 river basin water management plan and
66.38 to coordinate water management
66.39 activities in the states and provinces
66.40 bordering the Red river. This
66.41 appropriation is only available to the
66.42 extent it is matched by a proportionate
66.43 amount in United States currency from
66.44 the states of North Dakota and South
66.45 Dakota and the province of Manitoba.
66.46 The unencumbered balance in the first
66.47 year does not cancel but is available
66.48 for the second year. This is a
66.49 one-time appropriation.
66.50 $189,000 the first year and $189,000
66.51 the second year are for grants to
66.52 watershed districts and other local
66.53 units of government in the southern
66.54 Minnesota river basin study area 2 for
66.55 floodplain management. If the
66.56 appropriation in either year is
66.57 insufficient, the appropriation in the
66.58 other year is available for it.
66.59 $1,203,000 the first year and $450,000
66.60 the second year are for the
66.61 administrative costs of easement and
66.62 grant programs.
66.63 Any unencumbered balance in the board's
66.64 program of grants does not cancel at
66.65 the end of the first year and is
66.66 available for the second year for the
67.1 same grant program. If the
67.2 appropriation in either year is
67.3 insufficient, the appropriation for the
67.4 other year is available for it.
67.5 Sec. 35. Laws 1999, chapter 231, section 11, subdivision
67.6 3, is amended to read:
67.7 Subd. 3. Agricultural Marketing and Development
67.8 6,521,000 5,410,000
67.9 Notwithstanding Minnesota Statutes,
67.10 section 41A.09, subdivision 3a, the
67.11 total payments from the ethanol
67.12 development account to all producers
67.13 may not exceed $68,447,000 $72,106,000
67.14 for the biennium ending June 30, 2001.
67.15 If, prior to the end of the biennium,
67.16 the total amount for which all
67.17 producers are eligible in a quarter
67.18 exceeds the amount available for
67.19 payments remaining in the
67.20 appropriation, the commissioner shall
67.21 make the payments for the quarter in
67.22 which the shortfall occurs on a pro
67.23 rata basis. In fiscal year 2000, the
67.24 commissioner shall first reimburse
67.25 producers for eligible unpaid claims
67.26 accumulated through June 30, 1999.
67.27 $500,000 the first year is appropriated
67.28 to the rural finance authority for
67.29 making a loan under Minnesota Statutes,
67.30 section 41B.044. Principal and
67.31 interest payments on the loan must be
67.32 deposited in the ethanol development
67.33 account for producer payments under
67.34 Minnesota Statutes, section
67.35 41B.09 general fund.
67.36 By July 15, 1999, the commissioner
67.37 shall transfer the unencumbered cash
67.38 balance in the ethanol development fund
67.39 established in Minnesota Statutes,
67.40 section 41B.044, to the general fund.
67.41 $200,000 the first year is for a grant
67.42 from the commissioner to the Minnesota
67.43 Turkey Growers Association for
67.44 assistance to an entity that constructs
67.45 a facility that uses poultry litter as
67.46 a fuel for the generation of
67.47 electricity. This amount must be
67.48 matched by $1 of nonstate money for
67.49 each dollar of state money. This is a
67.50 one-time appropriation.
67.51 $50,000 the first year is for the
67.52 commissioner, in consultation with the
67.53 commissioner of economic development,
67.54 to conduct a study of the need for a
67.55 commercial shipping port at which
67.56 agricultural cooperatives or individual
67.57 farmers would have access to port
67.58 facilities. This is a one-time
67.59 appropriation.
67.60 $71,000 the first year and $71,000 the
67.61 second year are for transfer to the
68.1 Minnesota grown matching account and
68.2 may be used as grants for Minnesota
68.3 grown promotion under Minnesota
68.4 Statutes, section 17.109.
68.5 $100,000 the first year is for a grant
68.6 to the University of Minnesota
68.7 extension service for its farm safety
68.8 and health program. This is a one-time
68.9 appropriation.
68.10 $225,000 the first year and $75,000 the
68.11 second year are for grants to the
68.12 Minnesota agricultural education
68.13 leadership council for the planning and
68.14 implementation of initiatives enhancing
68.15 and expanding agricultural education in
68.16 rural and urban areas of the state.
68.17 Funds not used in the first year are
68.18 available for the second year. This is
68.19 a one-time appropriation.
68.20 $480,000 the first year and $420,000
68.21 the second year are to the commissioner
68.22 of agriculture for programs to
68.23 aggressively promote, develop, expand,
68.24 and enhance the marketing of
68.25 agricultural products from Minnesota
68.26 producers and processors. The
68.27 commissioner must enter into
68.28 collaborative efforts with the
68.29 department of trade and economic
68.30 development, the world trade center
68.31 corporation, and other public or
68.32 private entities knowledgeable in
68.33 market identification and development.
68.34 The commissioner may also contract with
68.35 or make grants to public or private
68.36 organizations involved in efforts to
68.37 enhance communication between producers
68.38 and markets and organizations that
68.39 identify, develop, and promote the
68.40 marketing of Minnesota agricultural
68.41 crops, livestock, and produce in local,
68.42 regional, national, and international
68.43 marketplaces. Grants may be provided
68.44 to appropriate organizations including
68.45 those functioning as marketing clubs,
68.46 to a cooperative known as Minnesota
68.47 Marketplace, and to recognized
68.48 associations of producers or processors
68.49 of organic foods or Minnesota grown
68.50 specialty crops. Beginning October 15,
68.51 1999, and 15 days after the close of
68.52 each calendar quarter thereafter, the
68.53 commissioner shall provide to the
68.54 senate and house committees with
68.55 jurisdiction over agriculture policy
68.56 and funding interim reports of the
68.57 progress toward accomplishing the goals
68.58 of this item. The commissioner shall
68.59 deliver a final report on March 1,
68.60 2001. If the appropriation for either
68.61 year is insufficient, the appropriation
68.62 for the other year is available. This
68.63 is a one-time appropriation that
68.64 remains available until expended.
68.65 $60,000 the second year is for grants
68.66 to farmers for demonstration projects
68.67 involving sustainable agriculture. If
69.1 a project cost is more than $25,000,
69.2 the amount above $25,000 must be
69.3 matched at the rate of one state dollar
69.4 for each dollar of nonstate money.
69.5 Priorities must be given for projects
69.6 involving multiple parties. Up to
69.7 $20,000 each year may be used for
69.8 dissemination of information about the
69.9 demonstration grant projects. If the
69.10 appropriation for either year is
69.11 insufficient, the appropriation for the
69.12 other is available.
69.13 $160,000 each year is for value-added
69.14 agricultural product processing and
69.15 marketing grants under Minnesota
69.16 Statutes, section 17.101, subdivision 5.
69.17 $450,000 the first year and $300,000
69.18 the second year are for continued
69.19 research of solutions and alternatives
69.20 for manure management and odor
69.21 control. This is a one-time
69.22 appropriation.
69.23 $50,000 the first year and $50,000 the
69.24 second year are for annual cost-share
69.25 payments to resident farmers for the
69.26 costs of organic certification. The
69.27 annual cost-share payments per farmer
69.28 shall be two-thirds of the cost of the
69.29 certification or $200, whichever is
69.30 less. A certified farmer is eligible
69.31 to receive annual certification
69.32 cost-share payments for up to five
69.33 years. $15,000 each year is for
69.34 organic market and program
69.35 development. This appropriation is
69.36 available until expended.
69.37 $30,000 the first year is to assess
69.38 producer production contracts under
69.39 section 205. This appropriation is
69.40 available until June 30, 2001.
69.41 Sec. 36. Laws 1999, chapter 231, section 14, is amended to
69.42 read:
69.43 Sec. 14. AGRICULTURAL UTILIZATION
69.44 RESEARCH INSTITUTE 3,830,000 4,330,000
69.45 Summary by Fund
69.46 General 3,630,000 4,130,000
69.47 Special Revenue Agricultural 200,000 200,000
69.48 The agricultural utilization research
69.49 institute must collaborate with the
69.50 commissioner of agriculture on issues
69.51 of market development and technology
69.52 transfer.
69.53 $200,000 the first year and $200,000
69.54 the second year are for hybrid tree
69.55 management research and development of
69.56 an implementation plan for establishing
69.57 hybrid tree plantations in the state.
69.58 This appropriation is available to the
69.59 extent matched by $2 of nonstate
70.1 contributions, either cash or in kind,
70.2 for each $1 of state money.
70.3 Sec. 37. [AGRICULTURAL STORAGE TANK REMOVAL;
70.4 REIMBURSEMENT.]
70.5 Subdivision 1. [DEFINITION.] As used in this section,
70.6 "agricultural storage tank" means an underground petroleum
70.7 storage tank with a capacity of more than 1,100 gallons that has
70.8 been registered with the pollution control agency by January 1,
70.9 2000, and is located on a farm where the contents of the tank
70.10 are used by the tank owner or operator predominantly for farming
70.11 purposes and are not commercially distributed.
70.12 Subd. 2. [REIMBURSEMENT.] Notwithstanding Minnesota
70.13 Statutes, section 115C.09, subdivision 1, paragraph (b), clause
70.14 (1), and pursuant to the remaining provisions of Minnesota
70.15 Statutes, chapter 115C, the petroleum tank release compensation
70.16 board shall reimburse an owner or operator of an agricultural
70.17 storage tank for 90 percent of the total reimbursable cost of
70.18 removal project costs incurred for the tank prior to January 1,
70.19 2001, including, but not limited to, tank removal, closure in
70.20 place, backfill, resurfacing, and utility restoration costs,
70.21 regardless of whether a release has occurred at the site.
70.22 Notwithstanding Minnesota Statutes, section 115C.09, subdivision
70.23 3, the board may not reimburse an eligible applicant under this
70.24 section for more than $7,500 of costs per tank.
70.25 Sec. 38. [SMALL GASOLINE STORAGE TANK REMOVAL;
70.26 REIMBURSEMENT.]
70.27 Until June 30, 2001, the petroleum tank release
70.28 compensation board may reimburse a tank owner from the petroleum
70.29 tank release cleanup fund for 95 percent of the costs identified
70.30 in Minnesota Statutes 1998, section 115C.09, subdivision 3f,
70.31 paragraph (c), if the tank owner:
70.32 (1) owned two locations in the state, and no locations in
70.33 any other state, where motor fuel was dispensed to the public
70.34 into motor vehicles, watercraft, or aircraft and dispensed motor
70.35 fuel at that location;
70.36 (2) operated the tanks simultaneously for six months or
71.1 less in 1995; and
71.2 (3) dispensed less than 200,000 gallons at both locations.
71.3 Sec. 39. [MINNEAPOLIS LEASE.]
71.4 A lease to the Minneapolis park and recreation board
71.5 entered into prior to or after the effective date of this
71.6 section pursuant to Laws 1999, chapter 231, section 5,
71.7 subdivision 5, shall be subject to Minnesota Statutes, section
71.8 85.34, except as provided in this section. The approval of the
71.9 executive council shall not be required for the lease or the
71.10 issuance of a liquor license. Only the operating costs, as
71.11 defined in the lease, to be paid by the Minneapolis park and
71.12 recreation board to the state shall be credited to the state
71.13 parks working capital account. All base rent and percentage of
71.14 gross sales to be paid by the Minneapolis park and recreation
71.15 board to the state shall be credited to the general fund. A
71.16 lease of any portion of officer's row or area J may include a
71.17 charge to be paid by the tenant for repayment of a portion of
71.18 the costs incurred by the Minneapolis park and recreation board
71.19 for the installation of a new water line on the upper bluff.
71.20 The total amount to be repaid to the Minneapolis park and
71.21 recreation board by tenants of officer's row and area J shall
71.22 not exceed $450,000.
71.23 Sec. 40. [DEFINITIONS.]
71.24 Subdivision 1. [APPLICABILITY.] For the purposes of
71.25 sections 40 to 43, the terms in this section have the meanings
71.26 given.
71.27 Subd. 2. [AGRICULTURAL LAND.] "Agricultural land" means
71.28 land that is:
71.29 (1) composed of class I, II, or III land as identified in
71.30 the land capability classification system of the United States
71.31 Department of Agriculture; or
71.32 (2) similar to land described under a land classification
71.33 system selected by the board of water and soil resources.
71.34 Subd. 3. [BOARD.] "Board" means the board of water and
71.35 soil resources.
71.36 Subd. 4. [SHORT ROTATION WOODY CROPS.] "Short rotation
72.1 woody crops" means hybrid poplar and other woody plants that are
72.2 harvested for their fiber within 15 years of planting.
72.3 Subd. 5. [WINDBREAK.] "Windbreak" means a strip or belt of
72.4 trees, shrubs, or grass barriers designed and located to reduce
72.5 snow deposition on highways, improve wildlife habitat or control
72.6 soil erosion.
72.7 Sec. 41. [ELIGIBILITY TERMS.]
72.8 (a) Agricultural land eligible for the board's program
72.9 under section 42 must not exceed 160 acres for individual
72.10 landowners.
72.11 (b) Agricultural land eligible for payment in fiscal year
72.12 2000 must have been in a county under presidential disaster
72.13 declaration in either 1998 or 1999. In fiscal years 2001 and
72.14 thereafter, payment is available for eligible agricultural land
72.15 in any county under a presidential disaster declaration related
72.16 to agriculture.
72.17 (c) Eligible land may be set aside for payment under
72.18 section 42 for a period of three years.
72.19 (d) At least five percent of an individual's acreage set
72.20 aside for payments under this program must be planted with short
72.21 rotation woody crops or windbreaks. Short rotation woody crops
72.22 and windbreaks may not be planted within one-quarter of a mile
72.23 of a state or federally protected prairie. Plantings on each
72.24 acre may be consistent with an organic farming plan developed
72.25 under the supervision of an approved organic certification
72.26 organization and must be in compliance with a conservation plan
72.27 approved by the local soil and water conservation district and
72.28 seeded to a vegetative cover at the earliest practicable time.
72.29 (e) Land enrolled in the federal conservation reserve
72.30 program under Public Law Number 99-198, as amended, is not
72.31 eligible for enrollment under sections 40 to 43.
72.32 Sec. 42. [PAYMENTS.]
72.33 To the extent appropriated money is available for this
72.34 purpose, annual payments for eligible land under section 41 that
72.35 is set aside by the board must be based on the soil rental rates
72.36 established under the federal conservation reserve program
73.1 contained in Public Law Number 99-198. An additional annual
73.2 payment of $5 per acre may be paid for acreage maintenance.
73.3 Payments for conservation plan implementation must be
73.4 consistent with Minnesota Statutes, section 103C.501.
73.5 Sec. 43. [ADMINISTRATION.]
73.6 The land payment program in sections 41 and 42 must be
73.7 administered by soil and water conservation districts under
73.8 guidelines and grants by the board.
73.9 Sec. 44. [REPEALER.]
73.10 Section 20 of H.F. No. 3046 of the 2000 regular session, if
73.11 enacted, is repealed.
73.12 Sec. 45. [EFFECTIVE DATE.]
73.13 Section 10 is effective the day following final enactment
73.14 and applies to claims for corrective action costs incurred after
73.15 that date. Sections 11 and 35 are effective retroactive to July
73.16 1, 1999. The remainder of this article is effective the day
73.17 following final enactment.
73.18 ARTICLE 4
73.19 APPROPRIATIONS
73.20 Section 1. [CRIMINAL JUSTICE APPROPRIATIONS.]
73.21 The sums shown in the columns marked "APPROPRIATIONS" are
73.22 appropriated from the general fund, or another fund named, to
73.23 the agencies and for the purposes specified in this article, to
73.24 be available for the fiscal years indicated for each purpose.
73.25 The figures "2000" and "2001" where used in this article, mean
73.26 that the appropriation or appropriations listed under them are
73.27 available for the year ending June 30, 2000, or June 30, 2001,
73.28 respectively.
73.29 APPROPRIATIONS
73.30 Available for the Year
73.31 Ending June 30
73.32 2000 2001
73.33 Sec. 2. SUPREME COURT -0- 4,000
73.34 $4,000 is a one-time appropriation to
73.35 conduct a one-half day judicial seminar
73.36 on parenting plans.
73.37 Sec. 3. COURT OF APPEALS -0- 200,000
73.38 $200,000 is to restore legal/judicial
73.39 support services.
74.1 Sec. 4. DISTRICT COURT -0- 2,879,000
74.2 $2,670,000 is to reduce judge unit
74.3 vacancies and restore judicial branch
74.4 infrastructure funding. The salaries
74.5 for judges that may be paid from this
74.6 appropriation are only those approved
74.7 by Laws 1997, Second Special Session
74.8 chapter 3, section 16.
74.9 $130,000 is a one-time appropriation to
74.10 continue the community court in the
74.11 second judicial district.
74.12 $79,000 is a one-time appropriation for
74.13 extraordinary prosecution costs in
74.14 Carlton county.
74.15 Sec. 5. PUBLIC SAFETY
74.16 Subdivision 1. Total
74.17 Appropriation 3,813,000 2,711,000
74.18 Summary by Fund
74.19 General 3,813,000 825,000
74.20 Special Revenue -0- 1,886,000
74.21 The amounts that may be spent from this
74.22 appropriation for each program are
74.23 specified in the following subdivisions.
74.24 Subd. 2. Driver and Vehicle
74.25 Services
74.26 -0- 20,000
74.27 $20,000 is a one-time appropriation for
74.28 costs related to the recodification of
74.29 the driving while impaired laws, if
74.30 S.F. No. 2677 is enacted.
74.31 Subd. 3. Emergency Management
74.32 3,813,000 -0-
74.33 $3,813,000 is for the state match of
74.34 federal disaster assistance money under
74.35 Minnesota Statutes, section 12.221.
74.36 This appropriation is available to fund
74.37 state obligations incurred through the
74.38 receipt of federal disaster assistance
74.39 grants and is added to the
74.40 appropriation in Laws 1999, chapter
74.41 216, article 1, section 7, subdivision
74.42 2.
74.43 Subd. 4. Criminal Apprehension
74.44 -0- 225,000
74.45 $200,000 is a one-time appropriation
74.46 for overtime costs.
74.47 $25,000 is a one-time appropriation to
74.48 develop and conduct the court security
74.49 training program described in article
74.50 5, section 10.
74.51 Subd. 5. Law Enforcement and
75.1 Community Grants
75.2 Summary by Fund
75.3 General -0- 430,000
75.4 Special Revenue -0- 1,886,000
75.5 $150,000 is a one-time appropriation
75.6 for juvenile prostitution law
75.7 enforcement and officer training grants
75.8 under Minnesota Statutes, section
75.9 299A.71.
75.10 $250,000 is a one-time appropriation
75.11 for a grant to the Ramsey county
75.12 attorney's office to establish and fund
75.13 the joint domestic abuse prosecution
75.14 unit described in article 6, section 10.
75.15 $30,000 is a one-time appropriation for
75.16 grants under Minnesota Statutes,
75.17 section 299A.62, to local law
75.18 enforcement agencies or regional jails
75.19 for the purchase of dogs trained to
75.20 detect or locate controlled substances
75.21 by scent. Grants are limited to one
75.22 dog per agency. Local law enforcement
75.23 agencies that previously received a
75.24 grant under Laws 1999, chapter 216,
75.25 article 1, section 7, subdivision 6,
75.26 are ineligible for a grant.
75.27 $1,886,000 is for the automobile theft
75.28 prevention program described in
75.29 Minnesota Statutes, section 299A.75.
75.30 This is a one-time appropriation from
75.31 the automobile theft prevention account
75.32 in the special revenue fund. The
75.33 commissioner may not spend any money
75.34 the commissioner receives from
75.35 surcharges in fiscal year 2001, in
75.36 excess of this appropriation unless the
75.37 legislature approves of the spending.
75.38 Subd. 6. Drug Policy and
75.39 Violence Prevention
75.40 -0- 150,000
75.41 $150,000 is a one-time appropriation
75.42 for distribution as matching funds to
75.43 counties participating in
75.44 multijurisdictional narcotics task
75.45 forces that receive federal Byrne grant
75.46 funds. These matching funds are
75.47 available statewide to any county
75.48 currently participating in a task
75.49 force, any county seeking to join an
75.50 existing task force, and any county
75.51 starting its own task force. These
75.52 matching funds may be used to enhance
75.53 enforcement of drug laws by training
75.54 and educating law enforcement personnel
75.55 and other interested members of the
75.56 community.
75.57 Sec. 6. CENTER FOR
75.58 CRIME VICTIM SERVICES -0- 1,240,000
75.59 $1,200,000 is a one-time appropriation
76.1 for per diem payments for battered
76.2 women shelter facilities incurred
76.3 during the administrative transfer of
76.4 responsibility for these payments from
76.5 the department of human services to the
76.6 department of public safety. Any
76.7 portion of this appropriation that is
76.8 not expended for payments incurred
76.9 before July 1, 2000, may be transferred
76.10 to the department's fiscal year 2001
76.11 appropriation for the per diem
76.12 program. The department of public
76.13 safety's liability for battered women
76.14 shelter per diem payments that are
76.15 incurred through June 30, 2000, and are
76.16 not paid by the department of human
76.17 services extends only to this
76.18 appropriation. The department shall
76.19 process payments in the order in which
76.20 they are received until this
76.21 appropriation is completely expended.
76.22 No part of the department's fiscal year
76.23 2001 per diem program appropriation or
76.24 any other funding may be used for
76.25 program expenses incurred before July
76.26 1, 2000.
76.27 $40,000 is a one-time appropriation for
76.28 a grant to the center for applied
76.29 research and policy analysis at
76.30 Metropolitan state university for the
76.31 domestic violence shelter study
76.32 described in article 6, section 11.
76.33 Sec. 7. CORRECTIONS -0- 2,250,000
76.34 $1,750,000 is a one-time appropriation
76.35 for a grant or grants to counties,
76.36 groups of counties, or a county or
76.37 group of counties and a tribal
76.38 government, for up to 30 percent of the
76.39 construction cost of adult regional
76.40 detention facilities.
76.41 $500,000 is a one-time appropriation
76.42 for predesign of a joint headquarters
76.43 building for the department of
76.44 corrections and the department of
76.45 public safety.
76.46 The commissioner shall predesign a
76.47 vocational building at Minnesota
76.48 correctional facility-St. Cloud.
76.49 The fiscal year 2001 general fund
76.50 appropriation for juvenile residential
76.51 treatment grants in Laws 1999, chapter
76.52 216, article 1, section 13, subdivision
76.53 4, is reduced by $1,942,000. This is a
76.54 one-time reduction.
76.55 Sec. 8. AUTOMOBILE THEFT PREVENTION
76.56 BOARD
76.57 The fiscal year 2000 transfer from the
76.58 automobile theft prevention account in
76.59 the special revenue fund to the
76.60 commissioner of public safety in Laws
76.61 1999, chapter 216, article 1, section
76.62 18, is reduced by $100,000.
77.1 By June 30, 2000, the commissioner of
77.2 finance shall transfer the available
77.3 unencumbered balance from the
77.4 automobile theft prevention account in
77.5 the special revenue fund to the general
77.6 fund. Minnesota Statutes, section
77.7 168A.40, subdivision 4, does not apply
77.8 to money transferred to the general
77.9 fund under this paragraph.
77.10 Sec. 9. SENTENCING
77.11 GUIDELINES COMMISSION -0- 20,000
77.12 $20,000 is a one-time appropriation for
77.13 salary increases.
77.14 Sec. 10. MINNESOTA SAFETY
77.15 COUNCIL -0- 200,000
77.16 $200,000 is a one-time appropriation
77.17 for the crosswalk safety awareness
77.18 program described in article 6, section
77.19 9.
77.20 Sec. 11. UNIVERSITY OF -0- 20,000
77.21 MINNESOTA
77.22 $20,000 is a one-time appropriation to
77.23 cover the cost of updating the parent
77.24 education curriculum.
77.25 Sec. 12. Laws 1999, chapter 216, article 1, section 7,
77.26 subdivision 6, is amended to read:
77.27 Subd. 6. Law Enforcement and Community Grants
77.28 10,290,000 7,583,000
77.29 $1,000,000 the first year is for grants
77.30 to pay the costs of developing or
77.31 implementing a criminal justice
77.32 information integration plan as
77.33 described in Minnesota Statutes,
77.34 section 299C.65, subdivision 6 or 7.
77.35 The commissioner shall make a minimum
77.36 of two grants from this appropriation.
77.37 This is a one-time appropriation.
77.38 The commissioner of public safety shall
77.39 consider using a portion of federal
77.40 Byrne grant funds for costs related to
77.41 developing or implementing a criminal
77.42 justice information system integration
77.43 plan as described in Minnesota
77.44 Statutes, section 299C.65, subdivision
77.45 6 or 7.
77.46 $400,000 the first year is for a grant
77.47 to the city of Marshall to construct,
77.48 furnish, and equip a regional emergency
77.49 response training center. The balance,
77.50 if any, does not cancel but is
77.51 available for the fiscal year ending
77.52 June 30, 2001.
77.53 $10,000 the first year is for the
77.54 commissioner of public safety to
77.55 reconvene the task force that developed
77.56 the statewide master plan for fire and
77.57 law enforcement training facilities
78.1 under Laws 1998, chapter 404, section
78.2 21, subdivision 3, for the purpose of
78.3 developing specific recommendations
78.4 concerning the siting, financing and
78.5 use of these training facilities. The
78.6 commissioner's report shall include
78.7 detailed recommendations concerning the
78.8 following issues:
78.9 (1) the specific cities, counties, or
78.10 regions of the state where training
78.11 facilities should be located;
78.12 (2) the reasons why a training facility
78.13 should be sited in the recommended
78.14 location, including a description of
78.15 the public safety training needs in
78.16 that part of the state;
78.17 (3) the extent to which neighboring
78.18 cities and counties should be required
78.19 to collaborate in funding and operating
78.20 the recommended training facilities;
78.21 (4) an appropriate amount for a local
78.22 funding match (up to 50 percent) for
78.23 cities and counties using the training
78.24 facility to contribute in money or
78.25 other resources to build, expand, or
78.26 operate the facility;
78.27 (5) the feasibility of providing
78.28 training at one or more of the
78.29 recommended facilities for both law
78.30 enforcement and fire safety personnel;
78.31 (6) whether the regional or statewide
78.32 need for increased public safety
78.33 training resources can be met through
78.34 the expansion of existing training
78.35 facilities rather than the creation of
78.36 new facilities and, if so, which
78.37 facilities should be expanded; and
78.38 (7) any other issues the task force
78.39 deems relevant.
78.40 By January 15, 2000, the commissioner
78.41 shall submit the report to the chairs
78.42 and ranking minority members of the
78.43 house and senate committees and
78.44 divisions with jurisdiction over
78.45 capital investment issues and criminal
78.46 justice funding and policy.
78.47 $746,000 the first year and $766,000
78.48 the second year are for personnel and
78.49 administrative costs for the criminal
78.50 gang oversight council and strike force
78.51 described in Minnesota Statutes,
78.52 section 299A.64.
78.53 $1,171,000 the first year and
78.54 $2,412,000 are for the grants
78.55 authorized under Minnesota Statutes,
78.56 section 299A.66, subdivisions 1 and 2.
78.57 Of this appropriation, $1,595,000 each
78.58 year shall be included in the 2002-2003
78.59 biennial base budget.
78.60 By January 15, 2000, the criminal gang
79.1 oversight council shall submit a report
79.2 to the chairs and ranking minority
79.3 members of the senate and house
79.4 committees and divisions with
79.5 jurisdiction over criminal justice
79.6 funding and policy describing the
79.7 following:
79.8 (1) the types of crimes on which the
79.9 oversight council and strike force have
79.10 primarily focused their investigative
79.11 efforts since their inception;
79.12 (2) a detailed accounting of how the
79.13 oversight council and strike force have
79.14 spent all funds and donations they have
79.15 received since their inception,
79.16 including donations of goods and
79.17 services;
79.18 (3) the extent to which the activities
79.19 of the oversight council and strike
79.20 force overlap or duplicate the
79.21 activities of the fugitive task force
79.22 or the activities of any federal,
79.23 state, or local task forces that
79.24 investigate interjurisdictional
79.25 criminal activity; and
79.26 (4) the long-term goals that the
79.27 criminal gang oversight council and
79.28 strike force hope to achieve.
79.29 The commissioner of public safety shall
79.30 consider using a portion of federal
79.31 Byrne grant funds for criminal gang
79.32 prevention and intervention activities
79.33 to (1) help gang members separate
79.34 themselves, or remain separated, from
79.35 gangs; and (2) prevent individuals from
79.36 becoming affiliated with gangs.
79.37 $50,000 the first year is for a grant
79.38 to the Minnesota Safety Council to
79.39 continue the crosswalk safety awareness
79.40 campaign. The Minnesota Safety Council
79.41 shall work with the department of
79.42 transportation to develop a long range
79.43 plan to continue the crosswalk safety
79.44 awareness campaign.
79.45 $500,000 the first year is for grants
79.46 under Minnesota Statutes, section
79.47 299A.62, subdivision 1. These grants
79.48 shall be distributed as provided in
79.49 Minnesota Statutes, section 299A.62,
79.50 subdivision 2. This is a one-time
79.51 appropriation.
79.52 Up to $30,000 of the appropriation for
79.53 grants under Minnesota Statutes,
79.54 section 299A.62, is for grants to
79.55 requesting local law enforcement
79.56 agencies to purchase dogs trained to
79.57 detect or locate controlled substances
79.58 by scent. Grants are limited to one
79.59 dog per county.
79.60 $50,000 the first year and $50,000 the
79.61 second year are for grants to the
79.62 northwest Hennepin human services
80.1 council to administer the northwest
80.2 community law enforcement project, to
80.3 be available until June 30, 2001. This
80.4 is a one-time appropriation.
80.5 $30,000 the first year is to assist
80.6 volunteer ambulance services, licensed
80.7 under Minnesota Statutes, chapter 144E,
80.8 in purchasing automatic external
80.9 defibrillators. Ambulance services are
80.10 eligible for a grant under this
80.11 provision if they do not already
80.12 possess an automatic external
80.13 defibrillator and if they provide a 25
80.14 percent match in nonstate funds. This
80.15 is a one-time appropriation.
80.16 $50,000 the first year and $50,000 the
80.17 second year are for grants under
80.18 Minnesota Statutes, section 119A.31,
80.19 subdivision 1, clause (12), to
80.20 organizations that focus on
80.21 intervention and prevention of teenage
80.22 prostitution.
80.23 The commissioner of public safety shall
80.24 administer a program to distribute tire
80.25 deflators to local or state law
80.26 enforcement agencies selected by the
80.27 commissioner of public safety and to
80.28 distribute or otherwise make available
80.29 a computer-controlled driving simulator
80.30 to local or state law enforcement
80.31 agencies or POST-certified skills
80.32 programs selected by the commissioner
80.33 of public safety.
80.34 Before any decisions are made on which
80.35 law enforcement agencies will receive
80.36 tire deflators or the driving
80.37 simulator, a committee consisting of a
80.38 representative from the Minnesota
80.39 chiefs of police association, a
80.40 representative from the Minnesota
80.41 sheriffs association, a representative
80.42 from the state patrol, and a
80.43 representative from the Minnesota
80.44 police and peace officers association
80.45 shall evaluate the applications. The
80.46 commissioner shall consult with the
80.47 committee concerning its evaluation and
80.48 recommendations on distribution
80.49 proposals prior to making a final
80.50 decision on distribution.
80.51 Law enforcement agencies that receive
80.52 tire deflators under this section
80.53 must: (i) provide any necessary
80.54 training to their employees concerning
80.55 use of the tire deflators; (ii) compile
80.56 statistics on use of the tire deflators
80.57 and the results; (iii) provide a
80.58 one-to-one match in nonstate funds; and
80.59 (iv) report this information to the
80.60 commissioner as required.
80.61 Law enforcement agencies or
80.62 POST-certified skills programs that
80.63 receive a computer-controlled driving
80.64 simulator under this section must:
81.1 (1) provide necessary training to their
81.2 employees in emergency vehicle
81.3 operations and in the conduct of police
81.4 pursuits;
81.5 (2) provide a five-year plan for
81.6 maintaining the hardware necessary to
81.7 operate the driving simulator;
81.8 (3) provide a five-year plan to update
81.9 software necessary to operate the
81.10 driving simulator;
81.11 (4) provide a plan to make the driving
81.12 simulator available at a reasonable
81.13 cost and with reasonable availability
81.14 to other law enforcement agencies to
81.15 train their officers; and
81.16 (5) provide an estimate of the
81.17 availability of the driving simulator
81.18 for use by other law enforcement
81.19 agencies.
81.20 By January 15, 2001, the commissioner
81.21 shall report to the chairs and ranking
81.22 minority members of the house and
81.23 senate committees and divisions having
81.24 jurisdiction over criminal justice
81.25 matters on the tire deflators and the
81.26 driving simulator distributed under
81.27 this section.
81.28 $285,000 the first year is for a
81.29 one-time grant to the city of
81.30 Minneapolis to implement a coordinated
81.31 criminal justice system response to the
81.32 CODEFOR (Computer Optimized
81.33 Development-Focus on Results) law
81.34 enforcement strategy. This
81.35 appropriation is available until
81.36 expended.
81.37 $795,000 the first year is for a
81.38 one-time grant to Hennepin county to
81.39 implement a coordinated criminal
81.40 justice system response to the CODEFOR
81.41 (Computer Optimized Development-Focus
81.42 on Results) law enforcement strategy.
81.43 This appropriation is available until
81.44 expended.
81.45 $420,000 the first year is for a
81.46 one-time grant to the fourth judicial
81.47 district public defender's office to
81.48 accommodate the CODEFOR (Computer
81.49 Optimized Development-Focus on Results)
81.50 law enforcement strategy. This
81.51 appropriation is available until
81.52 expended.
81.53 $150,000 the first year and $150,000
81.54 the second year are for weed and seed
81.55 grants under Minnesota Statutes,
81.56 section 299A.63. Money not expended
81.57 the first year is available for grants
81.58 during the second year. This is a
81.59 one-time appropriation.
81.60 $200,000 each year is a one-time
81.61 appropriation for a grant to the center
82.1 for reducing rural violence to continue
82.2 the technical assistance and related
82.3 rural violence prevention services the
82.4 center offers to rural communities.
82.5 $500,000 the first year and $500,000
82.6 the second year are to operate the
82.7 weekend camp program at Camp Ripley
82.8 described in Laws 1997, chapter 239,
82.9 article 1, section 12, subdivision 3,
82.10 as amended by Laws 1998, chapter 367,
82.11 article 10, section 13. The powers and
82.12 duties of the department of corrections
82.13 with respect to the weekend program are
82.14 transferred to the department of public
82.15 safety under Minnesota Statutes,
82.16 section 15.039. The commissioner shall
82.17 attempt to expand the program to serve
82.18 500 juveniles per year within this
82.19 appropriation.
82.20 An additional $125,000 the first year
82.21 and $125,000 the second year are for
82.22 the weekend camp program at Camp Ripley.
82.23 $500,000 the first year and $500,000
82.24 the second year are for Asian-American
82.25 juvenile crime intervention and
82.26 prevention grants under Minnesota
82.27 Statutes, section 256.486. The powers
82.28 and duties of the department of human
82.29 services, with respect to that program,
82.30 are transferred to the department of
82.31 public safety under Minnesota Statutes,
82.32 section 15.039. This is a one-time
82.33 appropriation.
82.34 Sec. 13. Laws 1999, chapter 216, article 1, section 18, is
82.35 amended to read:
82.36 Sec. 18. AUTOMOBILE THEFT PREVENTION
82.37 BOARD 2,277,000 1,886,000
82.38 -0-
82.39 This appropriation is from the
82.40 automobile theft prevention account in
82.41 the special revenue fund.
82.42 Of this appropriation, up to $400,000
82.43 the first year is transferred to the
82.44 commissioner of public safety for the
82.45 purchase and distribution of tire
82.46 deflators to local or state law
82.47 enforcement agencies and for the
82.48 purchase of a computer-controlled
82.49 driving simulator. Any amount not
82.50 spent by the commissioner of public
82.51 safety for this purpose shall be
82.52 returned to the automobile theft
82.53 prevention account in the special
82.54 revenue fund and may be used for other
82.55 automobile theft prevention activities.
82.56 The automobile theft prevention board
82.57 may not spend any money it receives
82.58 from surcharges in the fiscal year
82.59 2000-2001 biennium, unless the
82.60 legislature approves the spending.
82.61 The executive director of the
83.1 automobile theft prevention board may
83.2 not sit on the automobile theft
83.3 prevention board.
83.4 Sec. 14. Laws 1999, chapter 216, article 1, section 14, is
83.5 amended to read:
83.6 Sec. 14. CORRECTIONS OMBUDSMAN 470,000 400,000 310,000
83.7 If the reduction in the base level
83.8 funding causes a reduction in the
83.9 number of employees, then the
83.10 commissioner of corrections and
83.11 commissioner of public safety shall
83.12 make reasonable efforts to transfer the
83.13 affected employees to positions within
83.14 the department of corrections or
83.15 department of public safety.
83.16 Sec. 15. Laws 1999, chapter 216, article 1, section 9, is
83.17 amended to read:
83.18 Sec. 9. CRIME VICTIM
83.19 OMBUDSMAN 404,000 389,000 379,000
83.20 $20,000 the first year is for the crime
83.21 victims case management system.
83.22 ARTICLE 5
83.23 COURTS
83.24 Section 1. Minnesota Statutes 1998, section 169.89,
83.25 subdivision 2, is amended to read:
83.26 Subd. 2. [PETTY MISDEMEANOR PENALTY; NO JURY TRIAL.] A
83.27 person charged with a petty misdemeanor is not entitled to a
83.28 jury trial but shall be tried by a judge without a jury. If
83.29 convicted, the person is not subject to imprisonment but shall
83.30 be punished by a fine of not more than $200 $300.
83.31 Sec. 2. Minnesota Statutes 1998, section 609.02,
83.32 subdivision 3, is amended to read:
83.33 Subd. 3. [MISDEMEANOR.] "Misdemeanor" means a crime for
83.34 which a sentence of not more than 90 days or a fine of not more
83.35 than $700 $1,000, or both, may be imposed.
83.36 Sec. 3. Minnesota Statutes 1998, section 609.02,
83.37 subdivision 4a, is amended to read:
83.38 Subd. 4a. [PETTY MISDEMEANOR.] "Petty misdemeanor" means a
83.39 petty offense which is prohibited by statute, which does not
83.40 constitute a crime and for which a sentence of a fine of not
83.41 more than $200 $300 may be imposed.
83.42 Sec. 4. Minnesota Statutes 1998, section 609.03, is
84.1 amended to read:
84.2 609.03 [PUNISHMENT WHEN NOT OTHERWISE FIXED.]
84.3 If a person is convicted of a crime for which no punishment
84.4 is otherwise provided the person may be sentenced as follows:
84.5 (1) If the crime is a felony, to imprisonment for not more
84.6 than five years or to payment of a fine of not more than
84.7 $10,000, or both; or
84.8 (2) If the crime is a gross misdemeanor, to imprisonment
84.9 for not more than one year or to payment of a fine of not more
84.10 than $3,000, or both; or
84.11 (3) If the crime is a misdemeanor, to imprisonment for not
84.12 more than 90 days or to payment of a fine of not more than
84.13 $700 $1,000, or both; or
84.14 (4) If the crime is other than a misdemeanor and a fine is
84.15 imposed but the amount is not specified, to payment of a fine of
84.16 not more than $1,000, or to imprisonment for a specified term of
84.17 not more than six months if the fine is not paid.
84.18 Sec. 5. Minnesota Statutes 1998, section 609.033, is
84.19 amended to read:
84.20 609.033 [INCREASED MAXIMUM PENALTIES FOR MISDEMEANORS.]
84.21 Any law of this state which provides for a maximum fine of
84.22 $500 $700 as a penalty for a violation misdemeanor shall, on or
84.23 after August 1, 1983 2000, be deemed to provide for a maximum
84.24 fine of $700 $1,000.
84.25 Sec. 6. Minnesota Statutes 1998, section 609.0331, is
84.26 amended to read:
84.27 609.0331 [INCREASED MAXIMUM PENALTIES FOR PETTY
84.28 MISDEMEANORS.]
84.29 A law of this state that provides, on or after August 1,
84.30 1987 2000, for a maximum penalty of $100 $200 for a petty
84.31 misdemeanor is considered to provide for a maximum fine
84.32 of $200 $300.
84.33 Sec. 7. Minnesota Statutes 1998, section 609.0332,
84.34 subdivision 1, is amended to read:
84.35 Subdivision 1. [INCREASED FINE.] From August 1, 1987 2000,
84.36 if a state law or municipal charter sets a limit of $100 $200 or
85.1 less on the fines that a statutory or home rule charter city,
85.2 town, county, or other political subdivision may prescribe for
85.3 an ordinance violation that is defined as a petty misdemeanor,
85.4 that law or charter is considered to provide that the political
85.5 subdivision has the power to prescribe a maximum fine of $200
85.6 $300 for the petty misdemeanor violation.
85.7 Sec. 8. Minnesota Statutes 1998, section 609.034, is
85.8 amended to read:
85.9 609.034 [INCREASED MAXIMUM PENALTY FOR ORDINANCE
85.10 VIOLATIONS.]
85.11 Any law of this state or municipal charter which limits the
85.12 power of any statutory or home rule charter city, town, county,
85.13 or other political subdivision to prescribe a maximum fine of
85.14 $500 $700 or less for an ordinance shall on or after August 1,
85.15 1983 2000, be deemed to provide that the statutory or home rule
85.16 charter city, town, county, or other political subdivision has
85.17 the power to prescribe a maximum fine of $700 $1,000.
85.18 Sec. 9. [AUTOMATED VICTIM NOTIFICATION SYSTEM.]
85.19 All courts and state and local correctional facilities
85.20 shall consider implementing an automated victim notification
85.21 system. The commissioner of public safety, in cooperation with
85.22 the commissioners of children, families, and learning;
85.23 corrections; and economic security; shall provide financial
85.24 assistance to implement these systems. The commissioners shall
85.25 determine the extent of the financial assistance and the manner
85.26 in which it will be provided. Participating local governments
85.27 shall provide a cash or in-kind match as determined by the
85.28 commissioner of public safety.
85.29 Sec. 10. [COURT SECURITY TRAINING PROGRAM.]
85.30 The superintendent of the bureau of criminal apprehension
85.31 shall develop and implement a training program for court and law
85.32 enforcement personnel. The training program must:
85.33 (1) include methods to increase security within court
85.34 houses and surrounding property;
85.35 (2) focus on protecting judges, court employees, members of
85.36 the public, and participants in the legal process; and
86.1 (3) allow individuals who receive it to, in turn,
86.2 effectively train others.
86.3 Sec. 11. [EFFECTIVE DATE.]
86.4 Sections 1 to 8 are effective August 1, 2000, and apply to
86.5 violations committed on or after that date.
86.6 ARTICLE 6
86.7 PUBLIC SAFETY
86.8 Section 1. Minnesota Statutes 1998, section 168A.40,
86.9 subdivision 3, is amended to read:
86.10 Subd. 3. [SURCHARGE.] Each insurer engaged in the writing
86.11 of policies of automobile insurance shall collect a surcharge,
86.12 at the rate of 50 cents per vehicle for every six months of
86.13 coverage, on each policy of automobile insurance providing
86.14 comprehensive insurance coverage issued or renewed in this
86.15 state. The surcharge may not be considered premium for any
86.16 purpose, including the computation of premium tax or agents'
86.17 commissions. The amount of the surcharge must be separately
86.18 stated on either a billing or policy declaration sent to an
86.19 insured. Insurers shall remit the revenue derived from this
86.20 surcharge at least quarterly to the board commissioner of public
86.21 safety for purposes of the automobile theft prevention
86.22 program described in section 299A.75. For purposes of this
86.23 subdivision, "policy of automobile insurance" has the meaning
86.24 given it in section 65B.14, covering only the following types of
86.25 vehicles as defined in section 168.011:
86.26 (1) a passenger automobile;
86.27 (2) a pick-up truck;
86.28 (3) a van but not commuter vans as defined in section
86.29 168.126; or
86.30 (4) a motorcycle,
86.31 except that no vehicle with a gross vehicle weight in
86.32 excess of 10,000 pounds is included within this definition.
86.33 Sec. 2. Minnesota Statutes 1998, section 168A.40,
86.34 subdivision 4, is amended to read:
86.35 Subd. 4. [AUTOMOBILE THEFT PREVENTION ACCOUNT.] A special
86.36 revenue account is created in the state treasury to be credited
87.1 with the proceeds of the surcharge imposed under subdivision 3.
87.2 Revenue in the account may be used only for the automobile theft
87.3 prevention program described in section 299A.75. The board may
87.4 not spend in any fiscal year more than ten percent of the money
87.5 in the fund for its administrative and operating costs.
87.6 Sec. 3. Minnesota Statutes 1998, section 169.21,
87.7 subdivision 2, is amended to read:
87.8 Subd. 2. [RIGHTS IN ABSENCE OF SIGNAL.] (a) Where
87.9 traffic-control signals are not in place or in operation, the
87.10 driver of a vehicle shall stop to yield the right-of-way to a
87.11 pedestrian crossing the roadway within a marked crosswalk or
87.12 within any crosswalk at an intersection but with no marked
87.13 crosswalk. The driver must remain stopped until the pedestrian
87.14 has passed the lane in which the vehicle is stopped. No
87.15 pedestrian shall suddenly leave a curb or other place of safety
87.16 and walk or run into the path of a vehicle which is so close
87.17 that it is impossible for the driver to yield. This provision
87.18 shall not apply under the conditions as otherwise provided in
87.19 this subdivision.
87.20 (b) When any vehicle is stopped at a marked crosswalk or at
87.21 any unmarked crosswalk at an intersection with no marked
87.22 crosswalk to permit a pedestrian to cross the roadway, the
87.23 driver of any other vehicle approaching from the rear shall not
87.24 overtake and pass the stopped vehicle.
87.25 (c) It is unlawful for any person to drive a motor vehicle
87.26 through a column of school children crossing a street or highway
87.27 or past a member of a school safety patrol or adult crossing
87.28 guard, while the member of the school safety patrol or adult
87.29 crossing guard is directing the movement of children across a
87.30 street or highway and while the school safety patrol member or
87.31 adult crossing guard is holding an official signal in the stop
87.32 position. A peace officer may arrest the driver of a motor
87.33 vehicle if the peace officer has probable cause to believe that
87.34 the driver has operated the vehicle in violation of this
87.35 paragraph within the past four hours.
87.36 (d) A person who violates this subdivision is guilty of a
88.1 misdemeanor and may be sentenced to imprisonment for not more
88.2 than 90 days or to payment of a fine of not more than $700, or
88.3 both. A person who violates this subdivision a second or
88.4 subsequent time within one year of a previous conviction under
88.5 this subdivision is guilty of a gross misdemeanor and may be
88.6 sentenced to imprisonment for not more than one year or to
88.7 payment of a fine of not more than $3,000, or both.
88.8 Sec. 4. Minnesota Statutes 1998, section 169.21,
88.9 subdivision 3, is amended to read:
88.10 Subd. 3. [CROSSING BETWEEN INTERSECTIONS.] Every
88.11 pedestrian crossing a roadway at any point other than within a
88.12 marked crosswalk or within an unmarked crosswalk at an
88.13 intersection with no marked crosswalk shall yield the
88.14 right-of-way to all vehicles upon the roadway.
88.15 Any pedestrian crossing a roadway at a point where a
88.16 pedestrian tunnel or overhead pedestrian crossing has been
88.17 provided shall yield the right-of-way to all vehicles upon the
88.18 roadway.
88.19 Between adjacent intersections at which traffic-control
88.20 signals are in operation pedestrians shall not cross at any
88.21 place except in a marked crosswalk.
88.22 Notwithstanding the other provisions of this section every
88.23 driver of a vehicle shall: (a) exercise due care to avoid
88.24 colliding with any bicycle or pedestrian upon any roadway and
88.25 (b) give an audible signal when necessary and exercise proper
88.26 precaution upon observing any child or any obviously confused or
88.27 incapacitated person upon a roadway.
88.28 Sec. 5. [169.2151] [PEDESTRIAN SAFETY CROSSINGS.]
88.29 A local road authority may provide by ordinance for the
88.30 designation of pedestrian safety crossings on highways under the
88.31 road authority's jurisdiction where pedestrian safety
88.32 considerations require extra time for pedestrian crossing in
88.33 addition to the time recommended under the Minnesota manual of
88.34 uniform traffic control devices for pedestrian signals. The
88.35 ordinance may provide for timing of pedestrian signals for such
88.36 crossings, consistent with the recommendations of the uniform
89.1 manual for pedestrian signal timing at senior citizen and
89.2 handicapped pedestrian crossings. Cities other than cities of
89.3 the first class may designate a pedestrian safety crossing only
89.4 with the approval of the road authority having jurisdiction over
89.5 the crossing. The authority of local road authorities to
89.6 determine pedestrian signal timing under this section is in
89.7 addition to any other control exercised by local road
89.8 authorities over the timing of pedestrian signals.
89.9 Sec. 6. [299A.71] [JUVENILE PROSTITUTION LAW ENFORCEMENT
89.10 AND OFFICER TRAINING GRANTS.]
89.11 Subdivision 1. [ESTABLISHMENT.] A grant program is
89.12 established for enhanced law enforcement efforts and peace
89.13 officer education and training to combat juvenile prostitution.
89.14 The goal of the grants is to provide peace officers with the
89.15 knowledge and skills to recognize individuals who sexually
89.16 exploit youth, charge and prosecute these individuals for
89.17 promotion and solicitation of prostitution, and effectively
89.18 communicate with the victims of juvenile prostitution.
89.19 Subd. 2. [ELIGIBILITY.] The commissioner of public safety
89.20 shall make juvenile prostitution prevention grants to local law
89.21 enforcement agencies to provide enhanced efforts targeted to
89.22 juvenile prostitution and training and staff development
89.23 relating to the prevention of juvenile prostitution. The law
89.24 enforcement agency must utilize all of the grant funding
89.25 received for efforts to combat juvenile prostitution.
89.26 Subd. 3. [GRANT APPLICATION.] A local law enforcement
89.27 agency must submit an application to the commissioner of public
89.28 safety in the form and manner the commissioner establishes.
89.29 Sec. 7. [299A.75] [AUTOMOBILE THEFT PREVENTION PROGRAM.]
89.30 Subdivision 1. [PROGRAM DESCRIBED.] (a) The commissioner
89.31 of public safety shall:
89.32 (1) develop and sponsor the implementation of statewide
89.33 plans, programs, and strategies to combat automobile theft,
89.34 improve the administration of the automobile theft laws, and
89.35 provide a forum for identification of critical problems for
89.36 those persons dealing with automobile theft;
90.1 (2) coordinate the development, adoption, and
90.2 implementation of plans, programs, and strategies relating to
90.3 interagency and intergovernmental cooperation with respect to
90.4 automobile theft enforcement;
90.5 (3) annually audit the plans and programs that have been
90.6 funded in whole or in part to evaluate the effectiveness of the
90.7 plans and programs and withdraw funding should the commissioner
90.8 determine that a plan or program is ineffective or is no longer
90.9 in need of further financial support from the fund;
90.10 (4) develop a plan of operation including an assessment of
90.11 the scope of the problem of automobile theft, including areas of
90.12 the state where the problem is greatest; an analysis of various
90.13 methods of combating the problem of automobile theft; a plan for
90.14 providing financial support to combat automobile theft; a plan
90.15 for eliminating car hijacking; and an estimate of the funds
90.16 required to implement the plan; and
90.17 (5) distribute money from the automobile theft prevention
90.18 special revenue account for automobile theft prevention
90.19 activities, including:
90.20 (i) paying the administrative costs of the program;
90.21 (ii) providing financial support to the state patrol and
90.22 local law enforcement agencies for automobile theft enforcement
90.23 teams;
90.24 (iii) providing financial support to state or local law
90.25 enforcement agencies for programs designed to reduce the
90.26 incidence of automobile theft and for improved equipment and
90.27 techniques for responding to automobile thefts;
90.28 (iv) providing financial support to local prosecutors for
90.29 programs designed to reduce the incidence of automobile theft;
90.30 (v) providing financial support to judicial agencies for
90.31 programs designed to reduce the incidence of automobile theft;
90.32 (vi) providing financial support for neighborhood or
90.33 community organizations or business organizations for programs
90.34 designed to reduce the incidence of automobile theft;
90.35 (vii) providing financial support for automobile theft
90.36 educational and training programs for state and local law
91.1 enforcement officials, driver and vehicle services exam and
91.2 inspections staff, and members of the judiciary; and
91.3 (viii) conducting educational programs designed to inform
91.4 automobile owners of methods of preventing automobile theft and
91.5 to provide equipment, for experimental purposes, to enable
91.6 automobile owners to prevent automobile theft.
91.7 (b) The commissioner may not spend in any fiscal year more
91.8 than ten percent of the money in the fund for the program's
91.9 administrative and operating costs.
91.10 Subd. 2. [ANNUAL REPORT.] By January 15 of each year, the
91.11 commissioner shall report to the governor and legislature on the
91.12 activities and expenditures in the preceding year.
91.13 Sec. 8. [299E.03] [CAPITOL COMPLEX SECURITY OVERSIGHT
91.14 COMMITTEE.]
91.15 Subdivision 1. [MEMBERSHIP.] (a) The capitol complex
91.16 security oversight committee consists of the following
91.17 individuals or their designees:
91.18 (1) the senate majority leader;
91.19 (2) the speaker of the house of representatives;
91.20 (3) the chief justice of the supreme court;
91.21 (4) the chair of the senate committee or division having
91.22 jurisdiction over criminal justice funding;
91.23 (5) the chair of the house of representatives committee or
91.24 division having jurisdiction over criminal justice funding;
91.25 (6) the commissioner of public safety;
91.26 (7) the commissioner of administration;
91.27 (8) the senate sergeant at arms;
91.28 (9) the house of representatives' sergeant at arms;
91.29 (10) the chief of the St. Paul police department;
91.30 (11) the president of a statewide association representing
91.31 government relations professionals;
91.32 (12) the director of the capitol complex security division;
91.33 and
91.34 (13) the chief supervisor of the state patrol.
91.35 (b) The committee may elect a chair from among its members.
91.36 Subd. 2. [DUTIES.] The oversight committee shall:
92.1 (1) develop both a short-term and a long-term plan relating
92.2 to the provision of security in the capitol complex and in other
92.3 state-owned or leased buildings and property, including
92.4 providing necessary security to the following: legislators,
92.5 constitutional officers, members of the judiciary, commissioners
92.6 of state agencies, state employees, visiting dignitaries, and
92.7 members of the public;
92.8 (2) develop guidelines that may be used to evaluate the
92.9 methods by which this security is provided;
92.10 (3) evaluate the budget for providing this security and
92.11 make annual budgetary recommendations to the legislature; and
92.12 (4) provide oversight to the entity providing capitol area
92.13 security and annually report to the legislature on the entity's
92.14 effectiveness.
92.15 The plans described in clause (1) must consider potential
92.16 shifting needs for security and the impact of new security
92.17 technology.
92.18 Subd. 3. [EXPIRATION AND COMPENSATION.] Notwithstanding
92.19 section 15.059, the oversight committee does not expire.
92.20 Committee members may not receive compensation for serving, but
92.21 may receive expense reimbursements as provided in section 15.059.
92.22 Sec. 9. [CROSSWALK SAFETY AWARENESS PROGRAM.]
92.23 The Minnesota safety council shall continue its crosswalk
92.24 safety awareness program by:
92.25 (1) developing and distributing crosswalk safety education
92.26 campaign materials;
92.27 (2) creating and placing advertisements in mass media
92.28 throughout the state; and
92.29 (3) making grants to local units of government and law
92.30 enforcement agencies for:
92.31 (i) implementing pedestrian safety awareness activities;
92.32 (ii) providing increased signage and crosswalk markings and
92.33 evaluating their effect on highway safety; and
92.34 (iii) enhancing enforcement of pedestrian safety laws.
92.35 Sec. 10. [JOINT DOMESTIC ABUSE PROSECUTION UNIT.]
92.36 Subdivision 1. [ESTABLISHMENT.] A pilot project is
93.1 established to develop a joint domestic abuse prosecution unit
93.2 administered by the Ramsey county attorney's office and the St.
93.3 Paul city attorney's office. The unit has authority to
93.4 prosecute misdemeanors, gross misdemeanors, and felonies. The
93.5 unit shall also coordinate efforts with child protection
93.6 attorneys. The unit may include four cross-deputized assistant
93.7 city attorneys and assistant county attorneys. A victim/witness
93.8 advocate, a law clerk, and a legal secretary may provide support.
93.9 Subd. 2. [GOALS.] The goals of this pilot project are to:
93.10 (1) recognize children as both victims and witnesses in
93.11 domestic abuse situations;
93.12 (2) recognize and respect the interests of children in the
93.13 prosecution of domestic abuse; and
93.14 (3) reduce the exposure to domestic violence for both adult
93.15 and child victims.
93.16 Subd. 3. [REPORT.] The Ramsey county attorney's office and
93.17 the St. Paul city attorney's office shall report to the chairs
93.18 and ranking minority members of the senate and house committees
93.19 and divisions having jurisdiction over criminal justice policy
93.20 and funding on the pilot project. The report may include the
93.21 number and types of cases referred, the number of cases charged,
93.22 the outcome of cases, and other relevant outcome measures. A
93.23 progress report is due January 15, 2001, and a final report is
93.24 due January 15, 2002.
93.25 Subd. 4. [SHARING OF PILOT PROJECT RESULTS.] The Ramsey
93.26 county attorney's office and the St. Paul city attorney's office
93.27 shall share the results of the pilot project with the state and
93.28 other counties and cities.
93.29 Sec. 11. [DOMESTIC VIOLENCE SHELTER STUDY.]
93.30 By March 15, 2001, the center for applied research and
93.31 policy analysis at Metropolitan State University, in cooperation
93.32 with the Minnesota center for crime victim services and the
93.33 department of public safety, shall study and make
93.34 recommendations to the chairs and ranking minority members of
93.35 the senate and house committees and divisions having
93.36 jurisdiction over criminal justice funding on issues related to
94.1 providing shelter for victims of domestic violence. The study
94.2 must estimate the relative impact of the following, as it
94.3 relates to providing shelter for victims of domestic violence:
94.4 (1) the incidence of domestic violence;
94.5 (2) law enforcement practices in response to domestic
94.6 violence;
94.7 (3) the number of victims seeking shelter and whether
94.8 adequate shelter space exists, and trends regarding this;
94.9 (4) the number of victims who have children also needing
94.10 shelter;
94.11 (5) the financial status of domestic violence victims;
94.12 (6) the necessary length of stay in shelters; and
94.13 (7) opportunities for victims to leave shelters.
94.14 In studying these issues, the center shall analyze costs and
94.15 demand for shelters in other states having programs comparable
94.16 to Minnesota's.
94.17 Sec. 12. [REVISOR INSTRUCTION.]
94.18 In the next edition of Minnesota Statutes, the revisor
94.19 shall eliminate all references to the automobile theft
94.20 prevention board and correct all cross references to statutes
94.21 repealed in section 13.
94.22 Sec. 13. [REPEALER.]
94.23 Minnesota Statutes 1998, section 168A.40, subdivision 1,
94.24 and Minnesota Statutes 1999 Supplement, section 168A.40,
94.25 subdivision 2, are repealed.
94.26 Sec. 14. [EFFECTIVE DATE.]
94.27 Sections 3 to 5 are effective September 1, 2000.
94.28 ARTICLE 7
94.29 CORRECTIONS
94.30 Section 1. [241.018] [PER DIEM CALCULATION.]
94.31 (a) The commissioner of corrections shall develop a uniform
94.32 method to calculate the average department wide per diem cost of
94.33 incarcerating offenders at state adult correctional facilities.
94.34 In addition to other costs currently factored into the per diem,
94.35 it must include an appropriate percentage of capitol costs for
94.36 all adult correctional facilities and 65 percent of the
95.1 department's management services budget.
95.2 (b) The commissioner also shall use this method of
95.3 calculating per diem costs for offenders in each state adult
95.4 correctional facility. When calculating the per diem cost of
95.5 incarcerating offenders at a particular facility, the
95.6 commissioner shall include an appropriate percentage of capital
95.7 costs for the facility and an appropriate prorated amount, given
95.8 the facility's population, of 65 percent of the department's
95.9 management services budget.
95.10 (c) The commissioner shall ensure that these new per diem
95.11 methods are used in all future instances in which per diem
95.12 charges are reported.
95.13 (d) The commissioner shall report information related to
95.14 these per diems to the chairs and ranking minority members of
95.15 the senate and house committees and divisions having
95.16 jurisdiction over criminal justice funding by January 15, 2001.
95.17 Sec. 2. Minnesota Statutes 1999 Supplement, section
95.18 242.192, is amended to read:
95.19 242.192 [CHARGES TO COUNTIES.]
95.20 (a) Until June 30, 2001, the commissioner shall charge
95.21 counties or other appropriate jurisdictions for 65 percent of
95.22 the actual per diem cost of confinement, excluding educational
95.23 costs and nonbillable service, of juveniles at the Minnesota
95.24 correctional facility-Red Wing and of juvenile females committed
95.25 to the commissioner of corrections. This charge applies to
95.26 juveniles committed to the commissioner of corrections and
95.27 juveniles admitted to the Minnesota correctional facility-Red
95.28 Wing under established admissions criteria. This charge applies
95.29 to both counties that participate in the Community Corrections
95.30 Act and those that do not. The commissioner shall annually
95.31 determine costs, making necessary adjustments to reflect the
95.32 actual costs of confinement the per diem cost of confinement
95.33 based on projected population, pricing incentives, market
95.34 conditions, and the requirement that expense and revenue balance
95.35 out over a period of two years. All money received under this
95.36 section must be deposited in the state treasury and credited to
96.1 the general fund.
96.2 (b) Until June 30, 2001, the department of corrections
96.3 shall be responsible for 35 percent of the per diem cost of
96.4 confinement described in this section.
96.5 Sec. 3. [242.193] [JUVENILE RESIDENTIAL TREATMENT GRANTS.]
96.6 Subdivision 1. [GRANTS.] Within the limits of available
96.7 appropriations, the commissioner of corrections shall make
96.8 juvenile residential treatment grants to counties to defray the
96.9 cost of juvenile residential treatment. The commissioner shall
96.10 distribute 80 percent of the money appropriated for these
96.11 purposes to noncommunity corrections counties and 20 percent to
96.12 Community Corrections Act counties. The commissioner shall
96.13 distribute the money according to the formula contained in
96.14 section 401.10.
96.15 Subd. 2. [REPORT.] By January 15 of each year, each county
96.16 that received a grant shall submit a report to the commissioner
96.17 describing the purposes for which the grants were used. By
96.18 March 15 of each year, the commissioner shall summarize this
96.19 information and report it to the chairs and ranking minority
96.20 members of the senate and house of representatives committees
96.21 and divisions having jurisdiction over criminal justice funding.
96.22 Sec. 4. Minnesota Statutes 1998, section 242.41, is
96.23 amended to read:
96.24 242.41 [THE MINNESOTA CORRECTIONAL FACILITY-RED WING.]
96.25 There is established the Minnesota correctional
96.26 facility-Red Wing at Red Wing, Minnesota, in which may be placed
96.27 persons committed to the commissioner of corrections by the
96.28 courts of this state who, in the opinion of the commissioner,
96.29 may benefit from the programs available thereat or admitted
96.30 consistent with established admissions criteria. When reviewing
96.31 placement requests from counties, the commissioner shall take
96.32 into consideration the purpose of the Minnesota correctional
96.33 facility-Red Wing which is to educate and provide treatment for
96.34 serious and chronic juvenile offenders for which the county has
96.35 exhausted local resources. The general control and management
96.36 of the facility shall be under the commissioner of corrections.
97.1 Sec. 5. Minnesota Statutes 1998, section 242.43, is
97.2 amended to read:
97.3 242.43 [COMMISSIONER, DUTIES.]
97.4 The commissioner of corrections shall receive, clothe,
97.5 maintain, and instruct, at the expense of the state, all
97.6 children duly committed to the corrections department and placed
97.7 in a state correctional facility for juveniles and keep them in
97.8 custody until placed on probation, paroled, or discharged. The
97.9 commissioner may place any of these children in suitable foster
97.10 care facilities or cause them to be instructed in such trades or
97.11 employment as in the commissioner's judgment will be most
97.12 conducive to their reformation and tend to the future benefit
97.13 and advantage of these children. The commissioner may discharge
97.14 any child so committed, or may recall to the facility at any
97.15 time any child paroled, placed on probation, or transferred;
97.16 and, upon recall, may resume the care and control thereof. The
97.17 discharge of a child by the commissioner shall be a complete
97.18 release from all penalties and disabilities created by reason of
97.19 the commitment.
97.20 Upon the parole or discharge of any inmate of any state
97.21 juvenile correctional facility, the commissioner of corrections
97.22 may pay to each inmate released an amount of money not exceeding
97.23 the sum of $10. All payments shall be made from the current
97.24 expense fund of the facility.
97.25 Sec. 6. Minnesota Statutes 1998, section 242.44, is
97.26 amended to read:
97.27 242.44 [PUPILS.]
97.28 The commissioner of corrections, so far as the
97.29 accommodations of the correctional facilities and other means at
97.30 the commissioner's disposal will permit, shall may receive and
97.31 keep until they reach 19 years of age, or until placed in homes,
97.32 or discharged, all persons committed to the commissioner's care
97.33 and custody by a juvenile court juvenile delinquents and
97.34 juvenile offenders serving a juvenile disposition under section
97.35 260B.130, subdivision 4. The commissioner's housing of these
97.36 individuals must be consistent with federal and state law,
98.1 including established admissions criteria for Minnesota
98.2 correctional facility-Red Wing. The commissioner may place
98.3 these youths at employment, may provide education suitable to
98.4 their years and capacity, and may place them in suitable homes.
98.5 Under rules prescribed by the commissioner, when deemed best for
98.6 these youths, they persons committed to the commissioner's care
98.7 and custody by a juvenile court may be paroled or discharged
98.8 from the facility by the commissioner. All pupils in the
98.9 facility shall be clothed, instructed, and maintained at the
98.10 expense of the state by the commissioner of corrections.
98.11 Sec. 7. [260B.199] [PLACEMENT OF JUVENILE OFFENDERS AT
98.12 MINNESOTA CORRECTIONAL FACILITY-RED WING.]
98.13 Subdivision 1. [WHEN COURT MUST CONSIDER; PROHIBITION ON
98.14 PLACEMENT AT OUT-OF-STATE FACILITY.] The admissions criteria for
98.15 the Minnesota correctional facility-Red Wing shall include a
98.16 requirement that the county of referral must have considered all
98.17 appropriate local or regional placements and have exhausted
98.18 potential in-state placements in the geographic region. The
98.19 court must state on the record that this effort was made and
98.20 placements rejected before ordering a placement or commitment to
98.21 the Minnesota correctional facility-Red Wing. Before a court
98.22 orders a disposition under section 260B.198 or 260B.130,
98.23 subdivision 4, for a child, the court shall determine whether
98.24 the child meets the established admissions criteria for the
98.25 Minnesota correctional facility-Red Wing. If the child meets
98.26 the admissions criteria, the court shall place the child at the
98.27 facility and may not place the child in an out-of-state
98.28 facility, unless the court makes a finding on the record that
98.29 the safety of the child or the safety of the community can be
98.30 best met by placement in an out-of-state facility or that the
98.31 out-of-state facility is located closer to the child's home.
98.32 Subd. 2. [REPORT REQUIRED.] (a) A court that places a
98.33 child in an out-of-state facility shall report the following
98.34 information to the sentencing guidelines commission:
98.35 (1) the out-of-state facility the child was placed at and
98.36 the reasons for this placement;
99.1 (2) the in-state facilities at which placement was
99.2 considered;
99.3 (3) the reasons for not choosing an in-state facility;
99.4 (4) the reasons why the child did not meet the established
99.5 admissions criteria for the Minnesota correctional facility-Red
99.6 Wing, if applicable; and
99.7 (5) if the child met the admissions criteria, the reasons
99.8 why the safety of the child or the safety of the community could
99.9 not be met at the Minnesota correctional facility-Red Wing.
99.10 (b) By February 15 of each year, the commission shall
99.11 forward a summary of the reports received from courts under this
99.12 subdivision for the preceding year to the chairs and ranking
99.13 minority members of the senate and house of representatives
99.14 committees and divisions having jurisdiction over criminal
99.15 justice policy and funding.
99.16 Sec. 8. [260B.201] [MANDATORY COMMITMENT TO COMMISSIONER
99.17 OF CORRECTIONS.]
99.18 Subdivision 1. [DEFINITIONS.] (a) As used in this section,
99.19 the following terms have the meanings given them.
99.20 (b) "Chemical dependency treatment" means a comprehensive
99.21 set of planned and organized services, therapeutic experiences,
99.22 and interventions that are intended to improve the prognosis,
99.23 function, or outcome of patients by reducing the risk of the use
99.24 of alcohol, drugs, or other mind-altering substances and assist
99.25 the patient to adjust to, and deal more effectively with, life
99.26 situations.
99.27 (c) An offender has "failed or refused to successfully
99.28 complete" treatment when based on factors within the offender's
99.29 control, the offender is not able to substantially achieve the
99.30 program's goals and the program's director determines that based
99.31 on the offender's prior placement or treatment history, further
99.32 participation in the program would not result in its successful
99.33 completion.
99.34 (d) "Probation" has the meaning given in section 609.02,
99.35 subdivision 15.
99.36 (e) "Sex offender treatment" means a comprehensive set of
100.1 planned and organized services, therapeutic experiences, and
100.2 interventions that are intended to improve the prognosis,
100.3 function, or outcome of patients by reducing the risk of sexual
100.4 reoffense and other aggressive behavior and assist the patient
100.5 to adjust to, and deal more effectively with, life situations.
100.6 Subd. 2. [WHEN COMMITMENT REQUIRED.] (a) A court having
100.7 jurisdiction over a child shall commit the child to the custody
100.8 of the commissioner of corrections or place the child at the
100.9 Minnesota correctional facility-Red Wing if the child:
100.10 (1) was previously adjudicated delinquent or convicted as
100.11 an extended jurisdiction juvenile for an offense for which
100.12 registration under section 243.166 was required;
100.13 (2) was placed on probation for the offense and ordered to
100.14 complete a sex offender or chemical dependency treatment
100.15 program; and
100.16 (3) subsequently failed or refused to successfully complete
100.17 the program.
100.18 (b) If the child was initially convicted as an extended
100.19 jurisdiction juvenile, the court may execute the child's adult
100.20 sentence under section 260B.130, subdivision 4. Notwithstanding
100.21 paragraph (c), if the court does not do this, it shall comply
100.22 with paragraph (a).
100.23 (c) A court may place a child in an out-of-state facility
100.24 if the court makes a finding on the record that the safety of
100.25 the child or the safety of the community can be best met by
100.26 placement in an out-of-state facility or that the out-of-state
100.27 facility is located closer to the child's home.
100.28 Subd. 3. [REPORT REQUIRED.] A court ordering an
100.29 alternative placement under subdivision 2, paragraph (c), shall
100.30 report to the sentencing guidelines commission on the placement
100.31 ordered and the reasons for not committing the child to the
100.32 custody of the commissioner of corrections. If the alternative
100.33 placement is to an out-of-state facility, the report must
100.34 include specific information that the safety of the child or the
100.35 safety of the community can best be met by placement in an
100.36 out-of-state facility or that the out-of-state facility is
101.1 located closer to the child's home. By February 15 of each
101.2 year, the commission shall summarize the reports received from
101.3 courts under this paragraph for the preceding year and forward
101.4 this summary to the chairs and ranking minority members of the
101.5 senate and house of representatives committees and divisions
101.6 having jurisdiction over criminal justice policy and funding.
101.7 Sec. 9. [LEGISLATIVE INTENT.]
101.8 It is the intent of the legislature that this article
101.9 encourage courts to place juvenile offenders at the Minnesota
101.10 correctional facility-Red Wing who would otherwise be placed in
101.11 out-of-state facilities. Except as provided in section 8, it is
101.12 not the legislature's intent to discourage the placement of
101.13 juvenile offenders at non-state-operated facilities within
101.14 Minnesota.
101.15 Sec. 10. [STUDY; REPORT.]
101.16 (a) The commissioner of corrections, in consultation with
101.17 the counties, shall study the state's juvenile correctional
101.18 system as it relates to serious and chronic offenders. The
101.19 study must analyze and make proposals regarding:
101.20 (1) the role of the state and counties in providing
101.21 services;
101.22 (2) the funding of these services;
101.23 (3) the extent to which research-based best practices exist
101.24 and are accessible to counties;
101.25 (4) the method and process used to administer the juvenile
101.26 commitment and parole systems;
101.27 (5) the degree to which existing practice reflects the
101.28 legislature's intent in enacting juvenile justice laws; and
101.29 (6) other related issues deemed relevant by the
101.30 commissioner or the counties.
101.31 (b) By January 15, 2001, the commissioner shall report the
101.32 study's findings and proposals to the chairs and ranking
101.33 minority members of the senate and house of representatives
101.34 committees and divisions having jurisdiction over criminal
101.35 justice policy funding.
101.36 Sec. 11. [REPORT.]
102.1 The commissioner shall report information relating to
102.2 changes in per diem charges to counties for juveniles placed at
102.3 the Minnesota correctional facility-Red Wing and the resulting
102.4 reduction in juvenile residential treatment grants to the chairs
102.5 and ranking minority members of the senate and house committees
102.6 and divisions having jurisdiction over criminal justice funding
102.7 by January 15, 2001. This report shall specifically address any
102.8 impact on the populations at other state, public, or private
102.9 juvenile residential facilities and shall specifically include
102.10 any effect on the population of the Thistledew Camp caused by
102.11 the per diem reduction at Red Wing. The report shall also
102.12 recommend approaches, based on consultation with and input from
102.13 counties, to achieve financial stability at Minnesota
102.14 correctional facility-Red Wing.
102.15 Sec. 12. [CONVEYANCE OF STATE LAND.]
102.16 Subdivision 1. [CONVEYANCE AUTHORIZED.] Notwithstanding
102.17 Minnesota Statutes, sections 92.45, 94.09, 94.10, and 103F.335,
102.18 subdivision 3, or any other law to the contrary, the
102.19 commissioner of administration may convey all, or any part of,
102.20 the land and the state building located on the land described in
102.21 subdivision 3, to the central Minnesota regional jail joint
102.22 powers group comprised of Aitkin, Cass, Crow Wing, Morrison,
102.23 Todd, and Wadena counties, after the commissioner of human
102.24 services declares the property surplus to its needs.
102.25 Subd. 2. [FORM.] (a) The conveyance shall be in a form
102.26 approved by the attorney general.
102.27 (b) The conveyance shall restrict use of the land to county
102.28 governmental purposes under a joint powers agreement, including
102.29 regional jails and community corrections programs, and shall
102.30 provide that ownership of any portion of the land or building
102.31 that ceases to be used for such purposes shall revert to the
102.32 state of Minnesota.
102.33 Subd. 3. [LAND DESCRIPTION.] The legal description of the
102.34 land is: that part of the Southeast Quarter (SE 1/4) of the
102.35 Northeast Quarter (NE 1/4) of Section 29, Township 45 North,
102.36 Range 30 West, Crow Wing County, Minnesota, described as
103.1 follows: Building 5 and Rectangular site area, on a NW to SE
103.2 axis, where the northwest side of said area is the centerline of
103.3 Robin Road. Extending southwest, 540'-0" from the midpoint
103.4 between Building 5 and Building 7, the SW to NE dimension is
103.5 540'-0". Extending southeast, 675'-0" from the centerline of
103.6 Robin Road, the SE to NW dimension is 675'-0". Containing 8.37
103.7 acres, more or less. Subject to the right-of-way of the
103.8 Township road along the east side thereof, subject to other
103.9 easements, reservations, and restrictions of record, if any.
103.10 Including a road easement for ingress and egress from state
103.11 Highway 18 over State Avenue and Robin Road to the junction of
103.12 Meadowlark Lane.
103.13 Subd. 4. [DETERMINATION.] The commissioner of human
103.14 services has determined that the land described in subdivision 3
103.15 and the building on the land will not be needed for future
103.16 operations of the Brainerd regional human services center. The
103.17 state's land management interests would best be served by
103.18 conveying the land to the central Minnesota regional jail joint
103.19 powers group for governmental use.
103.20 ARTICLE 8
103.21 APPROPRIATIONS
103.22 Section 1. [HEALTH AND HUMAN SERVICES APPROPRIATIONS.]
103.23 The sums shown in the columns marked "APPROPRIATIONS" are
103.24 appropriated from the general fund, or any other fund named, to
103.25 the agencies and for the purposes specified in this article, to
103.26 be available for the fiscal years indicated for each purpose.
103.27 The figures "2000" and "2001" mean that the appropriation or
103.28 appropriations listed under them are available for the fiscal
103.29 year ending June 30, 2000, or June 30, 2001, respectively, and
103.30 if an earlier appropriation was made for that purpose for that
103.31 year, the appropriation in this article is added to it. Where a
103.32 dollar amount appears in parenthesis, it means a reduction of an
103.33 earlier appropriation for that purpose for that year.
103.34 SUMMARY BY FUND
103.35 APPROPRIATIONS BIENNIAL
103.36 2000 2001 TOTAL
104.1 General $ 10,328,000 $ 81,995,000 $ 92,323,000
104.2 State Government
104.3 Special Revenue 150,000 -0- 150,000
104.4 Health Care Access
104.5 Fund 1,266,000 3,401,000 4,667,000
104.6 Lottery Prize Fund -0- 248,000 248,000
104.7 TOTAL $ 11,744,000 $ 85,644,000 $ 97,388,000
104.8 APPROPRIATIONS
104.9 Available for the Year
104.10 Ending June 30
104.11 2000 2001
104.12 Sec. 2. COMMISSIONER OF
104.13 HUMAN SERVICES
104.14 Subdivision 1. Total
104.15 Appropriation $ 11,594,000 $84,604,000
104.16 Summary by Fund
104.17 General 10,328,000 80,955,000
104.18 Health Care Access 1,266,000 3,401,000
104.19 Lottery -0- 248,000
104.20 This appropriation is added to the
104.21 appropriation in Laws 1999, chapter
104.22 245, article 1, section 2.
104.23 The amounts that are added to or
104.24 reduced from the appropriation for each
104.25 program are specified in the following
104.26 subdivisions.
104.27 Subd. 2. Children's Grants
104.28 1,130,000 3,307,000
104.29 [ADOPTION ASSISTANCE/RELATIVE CUSTODY
104.30 ASSISTANCE.] Of this appropriation,
104.31 $674,000 in fiscal year 2000 and
104.32 $1,800,000 in fiscal year 2001 is for
104.33 the adoption assistance program under
104.34 Minnesota Statutes, section 259.67, and
104.35 $456,000 in fiscal year 2000 and
104.36 $912,000 in fiscal year 2001 is for the
104.37 relative custody assistance program
104.38 under Minnesota Statutes, section
104.39 257.85. This is a one-time
104.40 appropriation that shall not be added
104.41 to the base level funding for these
104.42 programs.
104.43 Subd. 3. Basic Health Care Grants
104.44 14,984,000 50,813,000
104.45 Summary by Fund
104.46 General 13,718,000 47,412,000
104.47 Health Care Access 1,266,000 3,401,000
104.48 The amounts that may be spent from this
104.49 appropriation for each purpose are as
105.1 follows:
105.2 (a) Minnesota Care Grants
105.3 Health Care Access Fund
105.4 1,266,000 3,401,000
105.5 [WELFARE TO WORK.] The commissioner is
105.6 authorized to apply for a grant from
105.7 the Robert Wood Johnson Foundation for
105.8 technical support with health care
105.9 program processes to assist families as
105.10 they move from welfare to work and
105.11 shall seek federal financial
105.12 participation. Any federal matching
105.13 funds received as a result of the grant
105.14 shall be dedicated to the commissioner
105.15 for the project funded by the grant.
105.16 All funds received shall be accounted
105.17 for in a special revenue fund account.
105.18 (b) MA Basic Health Care Grants-
105.19 Families and Children
105.20 General 22,751,000 23,328,000
105.21 [ADVANCE CAPITATION PAYMENTS.] The
105.22 commissioner shall provide an advance
105.23 of up to $500,000 in June of 2001 and
105.24 June of 2002, not to exceed the total
105.25 monthly per capita payment due for
105.26 services provided in June, to
105.27 county-based purchasing sites operating
105.28 under Minnesota Statutes, section
105.29 256B.692. These advances shall be
105.30 recovered from the following month's
105.31 per capita payments. Notwithstanding
105.32 section 6, this paragraph expires on
105.33 August 1, 2002.
105.34 (c) MA Basic Health Care Grants -
105.35 Elderly and Disabled
105.36 General (3,730,000) 14,071,000
105.37 [SPECIAL TRANSPORTATION.] Of the
105.38 general fund appropriation for the
105.39 fiscal year beginning July 1, 2000,
105.40 $436,000 for medical assistance and
105.41 $8,000 for general assistance medical
105.42 care is for the commissioner to
105.43 increase mileage reimbursement for
105.44 special transportation under Minnesota
105.45 Statutes, section 256B.0625,
105.46 subdivision 17, by ten cents per mile
105.47 for services rendered from July 1,
105.48 2000, to June 30, 2001.
105.49 (d) General Assistance Medical Care
105.50 General (5,303,000) 10,013,000
105.51 (e) Health Care Nonentitlement Grants
105.52 -0- -0-
105.53 Subd. 4. State-Operated Services
105.54 -0- (1,495,000)
105.55 [STATE-OPERATED SERVICES BASE
106.1 REDUCTION.] The general fund base level
106.2 appropriation for state operated
106.3 services programs and activities shall
106.4 be reduced by $1,495,000 for fiscal
106.5 year 2001.
106.6 The amounts that may be spent from this
106.7 appropriation for each purpose are as
106.8 follows:
106.9 (a) RTC Facilities
106.10 -0- (1,495,000)
106.11 Subd. 5. Continuing Care and
106.12 Community Support Grants
106.13 (35,029,000) 6,611,000
106.14 Summary by Fund
106.15 General (35,029,000) 6,363,000
106.16 Lottery -0- 248,000
106.17 The amounts that may be spent from this
106.18 appropriation for each purpose are as
106.19 follows:
106.20 (a) Community Services Block Grants
106.21 -0- 901,000
106.22 (b) Aging Adult Service Grants
106.23 -0- 207,000
106.24 [EPILEPSY.] Of the general fund
106.25 appropriation, $7,000 in fiscal year
106.26 2001 is to the commissioner to provide
106.27 a three percent reimbursement increase
106.28 to living skills training programs for
106.29 persons with intractable epilepsy who
106.30 need assistance in the transition to
106.31 independent living.
106.32 [HOME SHARE PROGRAM.] Base level
106.33 funding for the home share program
106.34 established under Minnesota Statutes,
106.35 section 256.973, for fiscal year 2002
106.36 shall be $175,000. Notwithstanding
106.37 section 6, this paragraph expires on
106.38 June 30, 2002.
106.39 (c) Deaf and Hard-of-Hearing
106.40 Services Grants
106.41 -0- 21,000
106.42 (d) Mental Health Grants
106.43 General -0- 1,830,000
106.44 Lottery -0- 248,000
106.45 [SERVICES FOR FARMERS.] Of the
106.46 appropriation from the general fund for
106.47 the fiscal year beginning July 1, 2000,
106.48 $400,000 is to the commissioner for the
106.49 following purposes:
107.1 (1) $250,000 is to be transferred to
107.2 the commissioner of agriculture for
107.3 grants to organizations participating
107.4 in the farm wrap network and the rural
107.5 help network. The grants may be used
107.6 for mental health services and
107.7 emergency services for farmers.
107.8 (2) $150,000 is to be transferred to
107.9 the board of trustees of the Minnesota
107.10 state colleges and universities for
107.11 mental health counseling support to
107.12 farm families and business operators
107.13 through the farm business management
107.14 program at Central Lakes college and
107.15 Ridgewater college.
107.16 [COMPULSIVE GAMBLING TREATMENT.] For
107.17 the fiscal year beginning July 1, 2000,
107.18 $248,000 is appropriated from the
107.19 lottery prize fund to the commissioner
107.20 for the compulsive gambling treatment
107.21 program. Of this appropriation,
107.22 $143,000 is for a grant to gamblers
107.23 intervention services in Duluth to be
107.24 spent as follows:
107.25 (1) $100,000 is to establish an
107.26 outpatient gambling treatment program
107.27 in Brainerd; and
107.28 (2) $43,000 is to make treatment center
107.29 building improvements to accommodate
107.30 expanded group services.
107.31 $75,000 is for a grant to the Minnesota
107.32 arrowhead region gambling treatment
107.33 alliance to provide extended outreach
107.34 and family counseling through its
107.35 Virginia center.
107.36 The remaining $30,000 is for a grant to
107.37 gamblers choice in Minneapolis to make
107.38 treatment center building improvements
107.39 to accommodate expanded group services.
107.40 These are one-time appropriations and
107.41 shall not become part of base-level
107.42 funding for the 2002-2003 biennium.
107.43 (e) Developmental Disabilities
107.44 Support Grants
107.45 -0- 204,000
107.46 (f) Medical Assistance Long-Term
107.47 Care Waivers and Home Care
107.48 (12,385,000) 2,797,000
107.49 (g) Medical Assistance Long-Term
107.50 Care Facilities
107.51 (20,790,000) (3,405,000)
107.52 (h) Alternative Care Grants
107.53 -0- 1,633,000
107.54 (i) Group Residential Housing
108.1 (1,854,000) (295,000)
108.2 (j) Chemical Dependency
108.3 Entitlement Grants
108.4 -0- 2,470,000
108.5 Subd. 6. Economic Support Grants
108.6 30,509,000 25,368,000
108.7 The amounts that may be spent from this
108.8 appropriation for each purpose are as
108.9 follows:
108.10 [ASSISTANCE TO FAMILIES GRANTS TANF
108.11 FORECAST ADJUSTMENT.] The federal
108.12 Temporary Assistance to Needy Families
108.13 (TANF) block grant fund appropriated to
108.14 the commissioner of human services in
108.15 Laws 1999, chapter 245, article 1,
108.16 section 2, subdivision 10, for MFIP
108.17 cash grants are reduced by $37,513,000
108.18 in fiscal year 2000 and $30,217,000 in
108.19 fiscal year 2001.
108.20 [FEDERAL TANF FUNDS.] (1) In addition
108.21 to the Federal Temporary Assistance for
108.22 Needy Families (TANF) block grant funds
108.23 appropriated to the commissioner of
108.24 human services in Laws 1999, chapter
108.25 245, article 1, section 2, subdivision
108.26 10, federal TANF funds are appropriated
108.27 to the commissioner in amounts up to
108.28 $20,000,000 in fiscal year 2000 and
108.29 $80,440,000 in fiscal year 2001. In
108.30 addition to these funds, the
108.31 commissioner may draw or transfer any
108.32 other appropriations of federal TANF
108.33 funds or transfers of federal TANF
108.34 funds that are enacted into state law.
108.35 (2) Of the amounts in clause (1),
108.36 $19,680,000 in fiscal year 2001 is for
108.37 the local intervention grants program
108.38 under Minnesota Statutes, section
108.39 256J.625 and related grant programs and
108.40 shall be expended as follows:
108.41 (a) $500,000 in fiscal year 2001 is for
108.42 a grant to the Southeast Asian MFIP
108.43 services collaborative to replicate in
108.44 a second location an existing model of
108.45 an intensive intervention transitional
108.46 employment training project which
108.47 serves TANF-eligible recipients and
108.48 which moves refugee and immigrant
108.49 welfare recipients unto unsubsidized
108.50 employment and leads to economic
108.51 self-sufficiency. This is a one-time
108.52 appropriation.
108.53 (b) $500,000 in fiscal year 2001 is for
108.54 nontraditional career assistance and
108.55 training programs under Minnesota
108.56 Statutes, section 256K.30, subdivision
108.57 4. This is a one-time appropriation.
108.58 (c) $18,680,000 is for local
108.59 intervention grants for
108.60 self-sufficiency program under
109.1 Minnesota Statutes, section 256J.625.
109.2 For fiscal years 2002 and 2003 the
109.3 commissioner of finance shall ensure
109.4 that the base level funding for the
109.5 local intervention grants program is
109.6 $27,180,000 each year.
109.7 (3) Of the amounts in clause (2),
109.8 paragraph (c) for local intervention
109.9 grants, $7,000,000 in fiscal year 2001
109.10 shall be transferred to the
109.11 commissioner of health for distribution
109.12 to county boards according to the
109.13 formula in Minnesota Statutes, section
109.14 256J.625, subdivision 3, to be used by
109.15 county public health boards to serve
109.16 families with incomes at or below 200
109.17 percent of the federal poverty
109.18 guidelines, in the manner specified by
109.19 Minnesota Statutes, section 145A.16,
109.20 subdivision 3, clauses (2) through
109.21 (6). Training, evaluation and
109.22 technical assistance shall be provided
109.23 in accordance with Minnesota Statutes,
109.24 section 145A.16, subdivisions 5 to 7.
109.25 For fiscal years 2002 and 2003 the
109.26 commissioner of finance shall ensure
109.27 that the base level funding for this
109.28 activity is $7,000,000 each year.
109.29 (4) Of the amounts in clause (1),
109.30 $250,000 in fiscal year 2001 is
109.31 appropriated to the commissioner to
109.32 contract with the board of trustees of
109.33 the Minnesota state colleges and
109.34 universities to provide tuition waivers
109.35 to employees of health care and human
109.36 services providers located in the state
109.37 that are members of qualifying
109.38 consortia operating under Minnesota
109.39 Statutes, sections 116L.10 to 116L.15.
109.40 (5) Of the amounts in clause (1),
109.41 $320,000 in fiscal year 2001 is for
109.42 training job counselors about the MFIP
109.43 program. For fiscal years 2002 and
109.44 2003 the commissioner of finance shall
109.45 ensure that the base level funding for
109.46 employment services includes $320,000
109.47 each year for this activity. The
109.48 appropriations in this clause shall not
109.49 become part of the base for the
109.50 2004-2005 biennium.
109.51 (6) Of the amounts in clause (1),
109.52 $1,000,000 in fiscal year 2001 is for
109.53 out-of-wedlock pregnancy prevention
109.54 funds to serve children in
109.55 TANF-eligible families under Minnesota
109.56 Statutes, section 256K.35. For fiscal
109.57 years 2002 and 2003 the commissioner of
109.58 finance shall ensure that the base
109.59 level funding for this program is
109.60 $1,000,000 each year. The
109.61 appropriations in this clause shall not
109.62 become part of the base for the
109.63 2004-2005 biennium.
109.64 (7) Of the amounts in clause (1),
109.65 $1,000,000 in fiscal year 2001 is to
109.66 provide services to TANF-eligible
110.1 families who are participating in the
110.2 supportive housing and managed care
110.3 pilot project under Minnesota Statutes,
110.4 section 256K.25. For fiscal years 2002
110.5 and 2003 the commissioner of finance
110.6 shall ensure that the base level
110.7 funding for this project is $1,000,000
110.8 each year. The appropriations in this
110.9 clause shall not become part of the
110.10 base for this project for the 2004-2005
110.11 biennium.
110.12 [TANF TRANSFER TO SOCIAL SERVICES.]
110.13 $7,500,000 is transferred from the
110.14 state's federal TANF block grant to the
110.15 state's federal Title XX block grant in
110.16 fiscal year 2001 and in fiscal year
110.17 2002, for purposes of increasing
110.18 services for families with children
110.19 whose incomes are at or below 200
110.20 percent of the federal poverty
110.21 guidelines. Notwithstanding section 6,
110.22 this paragraph expires June 30, 2002.
110.23 [TANF MOE.] (a) In order to meet the
110.24 basic maintenance of effort (MOE)
110.25 requirements of the TANF block grant
110.26 specified under United States Code,
110.27 title 42, section 609(a)(7), the
110.28 commissioner may only report nonfederal
110.29 money expended for allowable activities
110.30 listed in the following clauses as TANF
110.31 MOE expenditures:
110.32 (1) MFIP cash and food assistance
110.33 benefits under Minnesota Statutes,
110.34 chapter 256J;
110.35 (2) the child care assistance programs
110.36 under Minnesota Statutes, sections
110.37 119B.03 and 119B.05, and county child
110.38 care administrative costs under
110.39 Minnesota Statutes, section 119B.15;
110.40 (3) state and county MFIP
110.41 administrative costs under Minnesota
110.42 Statutes, chapters 256J and 256K;
110.43 (4) state, county, and tribal MFIP
110.44 employment services under Minnesota
110.45 Statutes, chapters 256J and 256K; and
110.46 (5) expenditures made on behalf of
110.47 noncitizen MFIP recipients who qualify
110.48 for the medical assistance without
110.49 federal financial participation program
110.50 under Minnesota Statutes, section
110.51 256B.06, subdivision 4, paragraphs (d),
110.52 (e), and (j).
110.53 (b) The commissioner shall ensure that
110.54 sufficient qualified nonfederal
110.55 expenditures are made each year to meet
110.56 the state's TANF MOE requirements. For
110.57 the activities listed in paragraph (a),
110.58 clauses (2) to (6), the commissioner
110.59 may only report expenditures that are
110.60 excluded from the definition of
110.61 assistance under Code of Federal
110.62 Regulations, title 45, section 260.31.
110.63 If nonfederal expenditures for the
111.1 programs and purposes listed in
111.2 paragraph (a) are insufficient to meet
111.3 the state's TANF MOE requirements, the
111.4 commissioner shall recommend additional
111.5 allowable sources of nonfederal
111.6 expenditures to the legislature, if the
111.7 legislature is or will be in session to
111.8 take action to specify additional
111.9 sources of nonfederal expenditures for
111.10 TANF MOE before a federal penalty is
111.11 imposed. The commissioner shall
111.12 otherwise provide notice to the
111.13 legislative commission on planning and
111.14 fiscal policy under paragraph (d).
111.15 (c) If the commissioner uses authority
111.16 granted under Laws 1999, chapter 245,
111.17 article 1, section 10, or similar
111.18 authority granted by a subsequent
111.19 legislature, to meet the state's TANF
111.20 MOE requirements in a reporting period,
111.21 the commissioner shall inform the
111.22 chairs of the appropriate legislative
111.23 committees about all transfers made
111.24 under that authority for this purpose.
111.25 (d) If the commissioner determines that
111.26 nonfederal expenditures for the
111.27 programs under Minnesota Statutes,
111.28 section 256J.025, are insufficient to
111.29 meet TANF MOE expenditure requirements,
111.30 and if the legislature is not or will
111.31 not be in session to take timely action
111.32 to avoid a federal penalty, the
111.33 commissioner may report nonfederal
111.34 expenditures from other allowable
111.35 sources as TANF MOE expenditures after
111.36 the requirements of this paragraph are
111.37 met.
111.38 The commissioner may report nonfederal
111.39 expenditures in addition to those
111.40 specified under paragraph (a) as
111.41 nonfederal TANF MOE expenditures, but
111.42 only ten days after the commissioner of
111.43 finance has first submitted the
111.44 commissioner's recommendations for
111.45 additional allowable sources of
111.46 nonfederal TANF MOE expenditures to the
111.47 members of the legislative commission
111.48 on planning and fiscal policy for their
111.49 review.
111.50 (e) The commissioner of finance shall
111.51 not incorporate any changes in federal
111.52 TANF expenditures or nonfederal
111.53 expenditures for TANF MOE that may
111.54 result from reporting additional
111.55 allowable sources of nonfederal TANF
111.56 MOE expenditures under the interim
111.57 procedures in paragraph (d) into the
111.58 February or November forecasts required
111.59 under Minnesota Statutes, section
111.60 16A.103, unless the commissioner of
111.61 finance has approved the additional
111.62 sources of expenditures under paragraph
111.63 (d).
111.64 (f) The provisions of paragraphs (a) to
111.65 (e) supersede any contrary provisions
111.66 in Laws 1999, chapter 245, article 1,
112.1 section 2, subdivision 10.
112.2 (g) The provisions of Minnesota
112.3 Statutes, section 256.011, subdivision
112.4 3, which require that federal grants or
112.5 aids secured or obtained under that
112.6 subdivision be used to reduce any
112.7 direct appropriations provided by law
112.8 do not apply if the grants or aids are
112.9 federal TANF funds.
112.10 (h) Notwithstanding section 6 of this
112.11 article, paragraphs (a) to (g) expire
112.12 June 30, 2003.
112.13 (i) Paragraphs (a) to (h) are effective
112.14 the day following final enactment.
112.15 (a) Assistance to Families Grants
112.16 9,628,000 (2,305,000)
112.17 (b) Work Grants
112.18 -0- (250,000)
112.19 (c) AFDC and Other Assistance
112.20 20,000,000 30,734,000
112.21 [TRANSFERS TO MINNESOTA HOUSING FINANCE
112.22 AGENCY.] (a) By June 30, 2001, the
112.23 commissioner shall transfer $50,000,000
112.24 of the general funds appropriated under
112.25 this paragraph to the Minnesota housing
112.26 finance agency for transfer to the
112.27 housing development fund. The program
112.28 funded by this transfer shall be known
112.29 as the "Bruce F. Vento Year 2000
112.30 Affordable Housing Program." Up to
112.31 $15,000,000 may be transferred in
112.32 fiscal year 2000.
112.33 (b) Of the funds transferred in
112.34 paragraph (a), $5,000,000 in fiscal
112.35 year 2001 and $15,000,000 in fiscal
112.36 year 2002 is for a loan to Habitat for
112.37 Humanity of Minnesota, Inc. The loan
112.38 shall be an interest-free deferred
112.39 loan. The loan shall become due and
112.40 payable in the event and to the extent
112.41 that Habitat for Humanity of Minnesota,
112.42 Inc. does not invest repayments and
112.43 prepayment of mortgage loans financed
112.44 with this appropriation in new
112.45 mortgages for additional homebuyers
112.46 through Habitat for Humanity of
112.47 Minnesota, Inc. To the extent
112.48 practicable, funding must be allocated
112.49 to Habitat for Humanity chapters on the
112.50 basis of the number of MFIP households
112.51 residing within a chapter's service
112.52 area compared to the statewide total of
112.53 MFIP households and on the basis of a
112.54 chapter's capacity.
112.55 (c) Of the funds transferred in
112.56 paragraph (a), $15,000,000 in fiscal
112.57 year 2001 and $15,000,000 in fiscal
112.58 year 2002 is for the affordable rental
112.59 investment fund program under Minnesota
113.1 Statutes, section 462A.21, subdivision
113.2 8b. To the extent practicable, the
113.3 number of units financed with the
113.4 appropriation under this paragraph
113.5 within a city, county, or region shall
113.6 reflect the number of MFIP households
113.7 residing within the city, county, or
113.8 region compared to the statewide total
113.9 of MFIP households. This appropriation
113.10 must be used to finance rental housing
113.11 units that serve families:
113.12 (1) receiving MFIP benefits under
113.13 Minnesota Statutes, section 256J.01, or
113.14 its successor program; and
113.15 (2) who have lost eligibility for MFIP
113.16 due to increased income from employment
113.17 or due to the collection of child or
113.18 spousal support under part D of title
113.19 IV of the Social Security Act.
113.20 Units produced with this appropriation
113.21 must remain affordable for a 30-year
113.22 period.
113.23 In order to coordinate the availability
113.24 of housing developed with the
113.25 appropriation under this paragraph with
113.26 MFIP families in need of affordable
113.27 housing, the commissioner of the
113.28 Minnesota housing finance agency, with
113.29 the assistance of the commissioner of
113.30 human services, shall establish
113.31 cooperative relationships with county
113.32 agencies as defined in Minnesota
113.33 Statutes, section 256J.08, local
113.34 employment and training service
113.35 providers as defined in Minnesota
113.36 Statutes, section 256J.49, local social
113.37 service agencies, or other
113.38 organizations that provide assistance
113.39 to MFIP households.
113.40 The commissioner of the Minnesota
113.41 housing finance agency shall develop
113.42 strategies to promote occupancy of the
113.43 units financed by the appropriation
113.44 under this paragraph by households most
113.45 in need of subsidized housing. The
113.46 strategies shall include provisions
113.47 that encourage households to move into
113.48 homeownership or unsubsidized housing
113.49 as the household secures stable
113.50 employment and achieves
113.51 self-sufficiency. The commissioner of
113.52 the Minnesota housing finance agency
113.53 shall consult with interested parties
113.54 in developing these strategies.
113.55 (d) The commissioner of the Minnesota
113.56 housing finance agency and the
113.57 commissioner of human services shall
113.58 jointly prepare and submit a report to
113.59 the governor and the legislature on the
113.60 results of the funding provided under
113.61 this section. The report shall include:
113.62 (1) information on the number of units
113.63 produced;
114.1 (2) the household size and income of
114.2 the occupants of the units at initial
114.3 occupancy; and
114.4 (3) to the extent the information is
114.5 available, measures related to the
114.6 occupants' attachment to the workforce
114.7 and public assistance usage, and number
114.8 of occupant moves.
114.9 The report must be submitted annually
114.10 beginning January 15, 2003.
114.11 (e) Section 6, sunset of uncodified
114.12 language, does not apply to paragraphs
114.13 (a) to (d). Paragraphs (a) to (d) are
114.14 effective the day following final
114.15 enactment.
114.16 [WORKING FAMILY CREDIT.] (a) On a
114.17 regular basis, the commissioner of
114.18 revenue, with the assistance of the
114.19 commissioner of human services, shall
114.20 calculate the value of the refundable
114.21 portion of the Minnesota working family
114.22 credits provided under Minnesota
114.23 Statutes, section 290.0671, that
114.24 qualifies for federal reimbursement
114.25 from the temporary assistance to needy
114.26 families block grant. The commissioner
114.27 of revenue shall provide the
114.28 commissioner of human services with
114.29 such expenditure records and
114.30 information as are necessary to support
114.31 draws of federal funds. The
114.32 commissioner of human services shall
114.33 reimburse the commissioner of revenue
114.34 for the costs of providing the
114.35 information required by this paragraph.
114.36 (b) Federal TANF funds, as specified in
114.37 this paragraph, are appropriated to the
114.38 commissioner of human services based on
114.39 calculations under paragraph (a) of
114.40 working family tax credit expenditures
114.41 that qualify for reimbursement from the
114.42 TANF block grant for income tax refunds
114.43 payable in federal fiscal years
114.44 beginning October 1, 1999. The draws
114.45 of federal TANF funds shall be made on
114.46 a regular basis based on calculations
114.47 of credit expenditures by the
114.48 commissioner of revenue. Up to the
114.49 following amounts of federal TANF draws
114.50 are appropriated to the commissioner of
114.51 human services to deposit into the
114.52 general fund: in fiscal year 2000,
114.53 $30,957,000; and in fiscal year 2001,
114.54 $33,895,000.
114.55 (d) General Assistance
114.56 557,000 (3,134,000)
114.57 (e) Minnesota Supplemental Aid
114.58 324,000 323,000
114.59 Sec. 3. COMMISSIONER OF HEALTH
114.60 Subdivision 1. Total
115.1 Appropriation -0- 1,040,000
115.2 Summary by Fund
115.3 General -0- 1,040,000
115.4 This appropriation is added to the
115.5 appropriation in Laws 1999, chapter
115.6 245, article 1, section 3.
115.7 The amounts that may be spent from this
115.8 appropriation for each program are
115.9 specified in the following subdivisions.
115.10 Subd. 2. Health Systems
115.11 and Special Populations -0- 865,000
115.12 Summary by Fund
115.13 General -0- 865,000
115.14 [POISON INFORMATION CENTERS.] Of the
115.15 general fund appropriation for the
115.16 fiscal year beginning July 1, 2000,
115.17 $790,000 is to the commissioner for the
115.18 operation of poison information centers
115.19 authorized under Minnesota Statutes,
115.20 section 145.93. This is a one-time
115.21 appropriation.
115.22 [BASE LEVEL REDUCTION.] For fiscal
115.23 years 2002 and 2003, the base level
115.24 appropriation for Minnesota poison
115.25 information centers under Minnesota
115.26 Statutes, section 145.93 shall be
115.27 reduced by $380,000 each year. Section
115.28 6, sunset of uncodified language, does
115.29 not apply to this provision.
115.30 [FUNERAL AND PRENEED COMPLAINT
115.31 RESPONSES.] (a) Of this appropriation,
115.32 $75,000 in fiscal year 2001 is to the
115.33 commissioner for the purposes of
115.34 responding to complaints as required
115.35 under Minnesota Statutes, chapter
115.36 149A. To the extent that resources are
115.37 available, the commissioner shall also
115.38 provide information and technical
115.39 assistance to the organizations
115.40 regulated under that chapter. This
115.41 appropriation shall not become part of
115.42 base level funding for the 2002-2003
115.43 biennium.
115.44 (b) The commissioner shall make
115.45 recommendations by January 15, 2001, to
115.46 the chairs of the senate health and
115.47 family security budget division and the
115.48 house health and human services finance
115.49 committee on whether there is a need
115.50 for additional funding for ongoing
115.51 implementation of the regulatory
115.52 provisions of Minnesota Statutes,
115.53 chapter 149A, and if so, proposals for
115.54 an alternative funding source to the
115.55 general fund.
115.56 Subd. 3. Health Protection -0- 175,000
115.57 Summary by Fund
116.1 General -0- 175,000
116.2 [SEXUALLY TRANSMITTED INFECTIONS.] Of
116.3 the general fund appropriation for the
116.4 fiscal year beginning July 1, 2000,
116.5 $175,000 is to the commissioner to
116.6 expand access to free screening and
116.7 testing for sexually transmitted
116.8 infections. The appropriation must be
116.9 used in accordance with Minnesota
116.10 Statutes, section 144.065. This is a
116.11 one-time appropriation and shall not
116.12 become part of base-level funding for
116.13 the 2002-2003 biennium.
116.14 Sec. 4. HEALTH-RELATED BOARDS
116.15 Subdivision 1. Total
116.16 Appropriation 150,000 -0-
116.17 This appropriation is added to the
116.18 appropriation in Laws 1999, chapter
116.19 205, article 1, section 5.
116.20 The appropriations in this section are
116.21 from the state government special
116.22 revenue fund.
116.23 [NO SPENDING IN EXCESS OF REVENUES.]
116.24 The commissioner of finance shall not
116.25 permit the allotment, encumbrance, or
116.26 expenditure of money appropriated in
116.27 this section in excess of the
116.28 anticipated biennial revenues or
116.29 accumulated surplus revenues from fees
116.30 collected by the boards. Neither this
116.31 provision nor Minnesota Statutes,
116.32 section 214.06, applies to transfers
116.33 from the general contingent account.
116.34 Subd. 2. BOARD OF PSYCHOLOGY 150,000 -0-
116.35 [LEGAL COSTS.] Of this appropriation,
116.36 $150,000 for the fiscal year beginning
116.37 July 1, 1999, is to the board to pay
116.38 for extraordinary legal costs. This is
116.39 a one-time appropriation and shall not
116.40 become part of base-level funding for
116.41 the 2002-2003 biennium.
116.42 Sec. 5. CARRYOVER LIMITATION
116.43 None of the appropriations in articles
116.44 8 to 11 which are allowed to be carried
116.45 forward from fiscal year 2000 to fiscal
116.46 year 2001 shall become part of the base
116.47 level funding for the 2002-2003
116.48 biennial budget, unless specifically
116.49 directed by the legislature.
116.50 Sec. 6. SUNSET OF UNCODIFIED LANGUAGE
116.51 All uncodified language contained in
116.52 this article expires on June 30, 2001,
116.53 unless a different expiration date is
116.54 explicit.
116.55 Sec. 7. [EFFECTIVE DATE.]
116.56 The appropriations and reductions for fiscal year 2000 in
117.1 this article are effective the day following final enactment.
117.2 ARTICLE 9
117.3 HEALTH CARE
117.4 Section 1. Minnesota Statutes 1998, section 144.551,
117.5 subdivision 1, is amended to read:
117.6 Subdivision 1. [RESTRICTED CONSTRUCTION OR MODIFICATION.]
117.7 (a) The following construction or modification may not be
117.8 commenced:
117.9 (1) any erection, building, alteration, reconstruction,
117.10 modernization, improvement, extension, lease, or other
117.11 acquisition by or on behalf of a hospital that increases the bed
117.12 capacity of a hospital, relocates hospital beds from one
117.13 physical facility, complex, or site to another, or otherwise
117.14 results in an increase or redistribution of hospital beds within
117.15 the state; and
117.16 (2) the establishment of a new hospital.
117.17 (b) This section does not apply to:
117.18 (1) construction or relocation within a county by a
117.19 hospital, clinic, or other health care facility that is a
117.20 national referral center engaged in substantial programs of
117.21 patient care, medical research, and medical education meeting
117.22 state and national needs that receives more than 40 percent of
117.23 its patients from outside the state of Minnesota;
117.24 (2) a project for construction or modification for which a
117.25 health care facility held an approved certificate of need on May
117.26 1, 1984, regardless of the date of expiration of the
117.27 certificate;
117.28 (3) a project for which a certificate of need was denied
117.29 before July 1, 1990, if a timely appeal results in an order
117.30 reversing the denial;
117.31 (4) a project exempted from certificate of need
117.32 requirements by Laws 1981, chapter 200, section 2;
117.33 (5) a project involving consolidation of pediatric
117.34 specialty hospital services within the Minneapolis-St. Paul
117.35 metropolitan area that would not result in a net increase in the
117.36 number of pediatric specialty hospital beds among the hospitals
118.1 being consolidated;
118.2 (6) a project involving the temporary relocation of
118.3 pediatric-orthopedic hospital beds to an existing licensed
118.4 hospital that will allow for the reconstruction of a new
118.5 philanthropic, pediatric-orthopedic hospital on an existing site
118.6 and that will not result in a net increase in the number of
118.7 hospital beds. Upon completion of the reconstruction, the
118.8 licenses of both hospitals must be reinstated at the capacity
118.9 that existed on each site before the relocation;
118.10 (7) the relocation or redistribution of hospital beds
118.11 within a hospital building or identifiable complex of buildings
118.12 provided the relocation or redistribution does not result in:
118.13 (i) an increase in the overall bed capacity at that site; (ii)
118.14 relocation of hospital beds from one physical site or complex to
118.15 another; or (iii) redistribution of hospital beds within the
118.16 state or a region of the state;
118.17 (8) relocation or redistribution of hospital beds within a
118.18 hospital corporate system that involves the transfer of beds
118.19 from a closed facility site or complex to an existing site or
118.20 complex provided that: (i) no more than 50 percent of the
118.21 capacity of the closed facility is transferred; (ii) the
118.22 capacity of the site or complex to which the beds are
118.23 transferred does not increase by more than 50 percent; (iii) the
118.24 beds are not transferred outside of a federal health systems
118.25 agency boundary in place on July 1, 1983; and (iv) the
118.26 relocation or redistribution does not involve the construction
118.27 of a new hospital building;
118.28 (9) a construction project involving up to 35 new beds in a
118.29 psychiatric hospital in Rice county that primarily serves
118.30 adolescents and that receives more than 70 percent of its
118.31 patients from outside the state of Minnesota;
118.32 (10) a project to replace a hospital or hospitals with a
118.33 combined licensed capacity of 130 beds or less if: (i) the new
118.34 hospital site is located within five miles of the current site;
118.35 and (ii) the total licensed capacity of the replacement
118.36 hospital, either at the time of construction of the initial
119.1 building or as the result of future expansion, will not exceed
119.2 70 licensed hospital beds, or the combined licensed capacity of
119.3 the hospitals, whichever is less;
119.4 (11) the relocation of licensed hospital beds from an
119.5 existing state facility operated by the commissioner of human
119.6 services to a new or existing facility, building, or complex
119.7 operated by the commissioner of human services; from one
119.8 regional treatment center site to another; or from one building
119.9 or site to a new or existing building or site on the same
119.10 campus; or
119.11 (12) the construction or relocation of hospital beds
119.12 operated by a hospital having a statutory obligation to provide
119.13 hospital and medical services for the indigent that does not
119.14 result in a net increase in the number of hospital beds; or
119.15 (13) a construction project involving the addition of up to
119.16 31 new beds in an existing nonfederal hospital in Beltrami
119.17 county.
119.18 Sec. 2. Minnesota Statutes 1998, section 144A.071,
119.19 subdivision 4a, is amended to read:
119.20 Subd. 4a. [EXCEPTIONS FOR REPLACEMENT BEDS.] It is in the
119.21 best interest of the state to ensure that nursing homes and
119.22 boarding care homes continue to meet the physical plant
119.23 licensing and certification requirements by permitting certain
119.24 construction projects. Facilities should be maintained in
119.25 condition to satisfy the physical and emotional needs of
119.26 residents while allowing the state to maintain control over
119.27 nursing home expenditure growth.
119.28 The commissioner of health in coordination with the
119.29 commissioner of human services, may approve the renovation,
119.30 replacement, upgrading, or relocation of a nursing home or
119.31 boarding care home, under the following conditions:
119.32 (a) to license or certify beds in a new facility
119.33 constructed to replace a facility or to make repairs in an
119.34 existing facility that was destroyed or damaged after June 30,
119.35 1987, by fire, lightning, or other hazard provided:
119.36 (i) destruction was not caused by the intentional act of or
120.1 at the direction of a controlling person of the facility;
120.2 (ii) at the time the facility was destroyed or damaged the
120.3 controlling persons of the facility maintained insurance
120.4 coverage for the type of hazard that occurred in an amount that
120.5 a reasonable person would conclude was adequate;
120.6 (iii) the net proceeds from an insurance settlement for the
120.7 damages caused by the hazard are applied to the cost of the new
120.8 facility or repairs;
120.9 (iv) the new facility is constructed on the same site as
120.10 the destroyed facility or on another site subject to the
120.11 restrictions in section 144A.073, subdivision 5;
120.12 (v) the number of licensed and certified beds in the new
120.13 facility does not exceed the number of licensed and certified
120.14 beds in the destroyed facility; and
120.15 (vi) the commissioner determines that the replacement beds
120.16 are needed to prevent an inadequate supply of beds.
120.17 Project construction costs incurred for repairs authorized under
120.18 this clause shall not be considered in the dollar threshold
120.19 amount defined in subdivision 2;
120.20 (b) to license or certify beds that are moved from one
120.21 location to another within a nursing home facility, provided the
120.22 total costs of remodeling performed in conjunction with the
120.23 relocation of beds does not exceed $750,000;
120.24 (c) to license or certify beds in a project recommended for
120.25 approval under section 144A.073;
120.26 (d) to license or certify beds that are moved from an
120.27 existing state nursing home to a different state facility,
120.28 provided there is no net increase in the number of state nursing
120.29 home beds;
120.30 (e) to certify and license as nursing home beds boarding
120.31 care beds in a certified boarding care facility if the beds meet
120.32 the standards for nursing home licensure, or in a facility that
120.33 was granted an exception to the moratorium under section
120.34 144A.073, and if the cost of any remodeling of the facility does
120.35 not exceed $750,000. If boarding care beds are licensed as
120.36 nursing home beds, the number of boarding care beds in the
121.1 facility must not increase beyond the number remaining at the
121.2 time of the upgrade in licensure. The provisions contained in
121.3 section 144A.073 regarding the upgrading of the facilities do
121.4 not apply to facilities that satisfy these requirements;
121.5 (f) to license and certify up to 40 beds transferred from
121.6 an existing facility owned and operated by the Amherst H. Wilder
121.7 Foundation in the city of St. Paul to a new unit at the same
121.8 location as the existing facility that will serve persons with
121.9 Alzheimer's disease and other related disorders. The transfer
121.10 of beds may occur gradually or in stages, provided the total
121.11 number of beds transferred does not exceed 40. At the time of
121.12 licensure and certification of a bed or beds in the new unit,
121.13 the commissioner of health shall delicense and decertify the
121.14 same number of beds in the existing facility. As a condition of
121.15 receiving a license or certification under this clause, the
121.16 facility must make a written commitment to the commissioner of
121.17 human services that it will not seek to receive an increase in
121.18 its property-related payment rate as a result of the transfers
121.19 allowed under this paragraph;
121.20 (g) to license and certify nursing home beds to replace
121.21 currently licensed and certified boarding care beds which may be
121.22 located either in a remodeled or renovated boarding care or
121.23 nursing home facility or in a remodeled, renovated, newly
121.24 constructed, or replacement nursing home facility within the
121.25 identifiable complex of health care facilities in which the
121.26 currently licensed boarding care beds are presently located,
121.27 provided that the number of boarding care beds in the facility
121.28 or complex are decreased by the number to be licensed as nursing
121.29 home beds and further provided that, if the total costs of new
121.30 construction, replacement, remodeling, or renovation exceed ten
121.31 percent of the appraised value of the facility or $200,000,
121.32 whichever is less, the facility makes a written commitment to
121.33 the commissioner of human services that it will not seek to
121.34 receive an increase in its property-related payment rate by
121.35 reason of the new construction, replacement, remodeling, or
121.36 renovation. The provisions contained in section 144A.073
122.1 regarding the upgrading of facilities do not apply to facilities
122.2 that satisfy these requirements;
122.3 (h) to license as a nursing home and certify as a nursing
122.4 facility a facility that is licensed as a boarding care facility
122.5 but not certified under the medical assistance program, but only
122.6 if the commissioner of human services certifies to the
122.7 commissioner of health that licensing the facility as a nursing
122.8 home and certifying the facility as a nursing facility will
122.9 result in a net annual savings to the state general fund of
122.10 $200,000 or more;
122.11 (i) to certify, after September 30, 1992, and prior to July
122.12 1, 1993, existing nursing home beds in a facility that was
122.13 licensed and in operation prior to January 1, 1992;
122.14 (j) to license and certify new nursing home beds to replace
122.15 beds in a facility acquired by the Minneapolis community
122.16 development agency as part of redevelopment activities in a city
122.17 of the first class, provided the new facility is located within
122.18 three miles of the site of the old facility. Operating and
122.19 property costs for the new facility must be determined and
122.20 allowed under section 256B.431 or 256B.434;
122.21 (k) to license and certify up to 20 new nursing home beds
122.22 in a community-operated hospital and attached convalescent and
122.23 nursing care facility with 40 beds on April 21, 1991, that
122.24 suspended operation of the hospital in April 1986. The
122.25 commissioner of human services shall provide the facility with
122.26 the same per diem property-related payment rate for each
122.27 additional licensed and certified bed as it will receive for its
122.28 existing 40 beds;
122.29 (l) to license or certify beds in renovation, replacement,
122.30 or upgrading projects as defined in section 144A.073,
122.31 subdivision 1, so long as the cumulative total costs of the
122.32 facility's remodeling projects do not exceed $750,000;
122.33 (m) to license and certify beds that are moved from one
122.34 location to another for the purposes of converting up to five
122.35 four-bed wards to single or double occupancy rooms in a nursing
122.36 home that, as of January 1, 1993, was county-owned and had a
123.1 licensed capacity of 115 beds;
123.2 (n) to allow a facility that on April 16, 1993, was a
123.3 106-bed licensed and certified nursing facility located in
123.4 Minneapolis to layaway all of its licensed and certified nursing
123.5 home beds. These beds may be relicensed and recertified in a
123.6 newly-constructed teaching nursing home facility affiliated with
123.7 a teaching hospital upon approval by the legislature. The
123.8 proposal must be developed in consultation with the interagency
123.9 committee on long-term care planning. The beds on layaway
123.10 status shall have the same status as voluntarily delicensed and
123.11 decertified beds, except that beds on layaway status remain
123.12 subject to the surcharge in section 256.9657. This layaway
123.13 provision expires July 1, 1998;
123.14 (o) to allow a project which will be completed in
123.15 conjunction with an approved moratorium exception project for a
123.16 nursing home in southern Cass county and which is directly
123.17 related to that portion of the facility that must be repaired,
123.18 renovated, or replaced, to correct an emergency plumbing problem
123.19 for which a state correction order has been issued and which
123.20 must be corrected by August 31, 1993;
123.21 (p) to allow a facility that on April 16, 1993, was a
123.22 368-bed licensed and certified nursing facility located in
123.23 Minneapolis to layaway, upon 30 days prior written notice to the
123.24 commissioner, up to 30 of the facility's licensed and certified
123.25 beds by converting three-bed wards to single or double
123.26 occupancy. Beds on layaway status shall have the same status as
123.27 voluntarily delicensed and decertified beds except that beds on
123.28 layaway status remain subject to the surcharge in section
123.29 256.9657, remain subject to the license application and renewal
123.30 fees under section 144A.07 and shall be subject to a $100 per
123.31 bed reactivation fee. In addition, at any time within three
123.32 years of the effective date of the layaway, the beds on layaway
123.33 status may be:
123.34 (1) relicensed and recertified upon relocation and
123.35 reactivation of some or all of the beds to an existing licensed
123.36 and certified facility or facilities located in Pine River,
124.1 Brainerd, or International Falls; provided that the total
124.2 project construction costs related to the relocation of beds
124.3 from layaway status for any facility receiving relocated beds
124.4 may not exceed the dollar threshold provided in subdivision 2
124.5 unless the construction project has been approved through the
124.6 moratorium exception process under section 144A.073;
124.7 (2) relicensed and recertified, upon reactivation of some
124.8 or all of the beds within the facility which placed the beds in
124.9 layaway status, if the commissioner has determined a need for
124.10 the reactivation of the beds on layaway status.
124.11 The property-related payment rate of a facility placing
124.12 beds on layaway status must be adjusted by the incremental
124.13 change in its rental per diem after recalculating the rental per
124.14 diem as provided in section 256B.431, subdivision 3a, paragraph
124.15 (d). The property-related payment rate for a facility
124.16 relicensing and recertifying beds from layaway status must be
124.17 adjusted by the incremental change in its rental per diem after
124.18 recalculating its rental per diem using the number of beds after
124.19 the relicensing to establish the facility's capacity day
124.20 divisor, which shall be effective the first day of the month
124.21 following the month in which the relicensing and recertification
124.22 became effective. Any beds remaining on layaway status more
124.23 than three years after the date the layaway status became
124.24 effective must be removed from layaway status and immediately
124.25 delicensed and decertified;
124.26 (q) to license and certify beds in a renovation and
124.27 remodeling project to convert 12 four-bed wards into 24 two-bed
124.28 rooms, expand space, and add improvements in a nursing home
124.29 that, as of January 1, 1994, met the following conditions: the
124.30 nursing home was located in Ramsey county; had a licensed
124.31 capacity of 154 beds; and had been ranked among the top 15
124.32 applicants by the 1993 moratorium exceptions advisory review
124.33 panel. The total project construction cost estimate for this
124.34 project must not exceed the cost estimate submitted in
124.35 connection with the 1993 moratorium exception process;
124.36 (r) to license and certify up to 117 beds that are
125.1 relocated from a licensed and certified 138-bed nursing facility
125.2 located in St. Paul to a hospital with 130 licensed hospital
125.3 beds located in South St. Paul, provided that the nursing
125.4 facility and hospital are owned by the same or a related
125.5 organization and that prior to the date the relocation is
125.6 completed the hospital ceases operation of its inpatient
125.7 hospital services at that hospital. After relocation, the
125.8 nursing facility's status under section 256B.431, subdivision
125.9 2j, shall be the same as it was prior to relocation. The
125.10 nursing facility's property-related payment rate resulting from
125.11 the project authorized in this paragraph shall become effective
125.12 no earlier than April 1, 1996. For purposes of calculating the
125.13 incremental change in the facility's rental per diem resulting
125.14 from this project, the allowable appraised value of the nursing
125.15 facility portion of the existing health care facility physical
125.16 plant prior to the renovation and relocation may not exceed
125.17 $2,490,000;
125.18 (s) to license and certify two beds in a facility to
125.19 replace beds that were voluntarily delicensed and decertified on
125.20 June 28, 1991;
125.21 (t) to allow 16 licensed and certified beds located on July
125.22 1, 1994, in a 142-bed nursing home and 21-bed boarding care home
125.23 facility in Minneapolis, notwithstanding the licensure and
125.24 certification after July 1, 1995, of the Minneapolis facility as
125.25 a 147-bed nursing home facility after completion of a
125.26 construction project approved in 1993 under section 144A.073, to
125.27 be laid away upon 30 days' prior written notice to the
125.28 commissioner. Beds on layaway status shall have the same status
125.29 as voluntarily delicensed or decertified beds except that they
125.30 shall remain subject to the surcharge in section 256.9657. The
125.31 16 beds on layaway status may be relicensed as nursing home beds
125.32 and recertified at any time within five years of the effective
125.33 date of the layaway upon relocation of some or all of the beds
125.34 to a licensed and certified facility located in Watertown,
125.35 provided that the total project construction costs related to
125.36 the relocation of beds from layaway status for the Watertown
126.1 facility may not exceed the dollar threshold provided in
126.2 subdivision 2 unless the construction project has been approved
126.3 through the moratorium exception process under section 144A.073.
126.4 The property-related payment rate of the facility placing
126.5 beds on layaway status must be adjusted by the incremental
126.6 change in its rental per diem after recalculating the rental per
126.7 diem as provided in section 256B.431, subdivision 3a, paragraph
126.8 (d). The property-related payment rate for the facility
126.9 relicensing and recertifying beds from layaway status must be
126.10 adjusted by the incremental change in its rental per diem after
126.11 recalculating its rental per diem using the number of beds after
126.12 the relicensing to establish the facility's capacity day
126.13 divisor, which shall be effective the first day of the month
126.14 following the month in which the relicensing and recertification
126.15 became effective. Any beds remaining on layaway status more
126.16 than five years after the date the layaway status became
126.17 effective must be removed from layaway status and immediately
126.18 delicensed and decertified;
126.19 (u) to license and certify beds that are moved within an
126.20 existing area of a facility or to a newly constructed addition
126.21 which is built for the purpose of eliminating three- and
126.22 four-bed rooms and adding space for dining, lounge areas,
126.23 bathing rooms, and ancillary service areas in a nursing home
126.24 that, as of January 1, 1995, was located in Fridley and had a
126.25 licensed capacity of 129 beds;
126.26 (v) to relocate 36 beds in Crow Wing county and four beds
126.27 from Hennepin county to a 160-bed facility in Crow Wing county,
126.28 provided all the affected beds are under common ownership;
126.29 (w) to license and certify a total replacement project of
126.30 up to 49 beds located in Norman county that are relocated from a
126.31 nursing home destroyed by flood and whose residents were
126.32 relocated to other nursing homes. The operating cost payment
126.33 rates for the new nursing facility shall be determined based on
126.34 the interim and settle-up payment provisions of Minnesota Rules,
126.35 part 9549.0057, and the reimbursement provisions of section
126.36 256B.431, except that subdivision 26, paragraphs (a) and (b),
127.1 shall not apply until the second rate year after the settle-up
127.2 cost report is filed. Property-related reimbursement rates
127.3 shall be determined under section 256B.431, taking into account
127.4 any federal or state flood-related loans or grants provided to
127.5 the facility;
127.6 (x) to license and certify a total replacement project of
127.7 up to 129 beds located in Polk county that are relocated from a
127.8 nursing home destroyed by flood and whose residents were
127.9 relocated to other nursing homes. The operating cost payment
127.10 rates for the new nursing facility shall be determined based on
127.11 the interim and settle-up payment provisions of Minnesota Rules,
127.12 part 9549.0057, and the reimbursement provisions of section
127.13 256B.431, except that subdivision 26, paragraphs (a) and (b),
127.14 shall not apply until the second rate year after the settle-up
127.15 cost report is filed. Property-related reimbursement rates
127.16 shall be determined under section 256B.431, taking into account
127.17 any federal or state flood-related loans or grants provided to
127.18 the facility;
127.19 (y) to license and certify beds in a renovation and
127.20 remodeling project to convert 13 three-bed wards into 13 two-bed
127.21 rooms and 13 single-bed rooms, expand space, and add
127.22 improvements in a nursing home that, as of January 1, 1994, met
127.23 the following conditions: the nursing home was located in
127.24 Ramsey county, was not owned by a hospital corporation, had a
127.25 licensed capacity of 64 beds, and had been ranked among the top
127.26 15 applicants by the 1993 moratorium exceptions advisory review
127.27 panel. The total project construction cost estimate for this
127.28 project must not exceed the cost estimate submitted in
127.29 connection with the 1993 moratorium exception process;
127.30 (z) to license and certify up to 150 nursing home beds to
127.31 replace an existing 285 bed nursing facility located in St.
127.32 Paul. The replacement project shall include both the renovation
127.33 of existing buildings and the construction of new facilities at
127.34 the existing site. The reduction in the licensed capacity of
127.35 the existing facility shall occur during the construction
127.36 project as beds are taken out of service due to the construction
128.1 process. Prior to the start of the construction process, the
128.2 facility shall provide written information to the commissioner
128.3 of health describing the process for bed reduction, plans for
128.4 the relocation of residents, and the estimated construction
128.5 schedule. The relocation of residents shall be in accordance
128.6 with the provisions of law and rule; or
128.7 (aa) to allow the commissioner of human services to license
128.8 an additional 36 beds to provide residential services for the
128.9 physically handicapped under Minnesota Rules, parts 9570.2000 to
128.10 9570.3400, in a 198-bed nursing home located in Red Wing,
128.11 provided that the total number of licensed and certified beds at
128.12 the facility does not increase;
128.13 (bb) to license and certify a new facility in St. Louis
128.14 county with 44 beds constructed to replace an existing facility
128.15 in St. Louis county with 31 beds, which has resident rooms on
128.16 two separate floors and an antiquated elevator that creates
128.17 safety concerns for residents and prevents nonambulatory
128.18 residents from residing on the second floor. The project shall
128.19 include the elimination of three- and four-bed rooms;
128.20 (cc) to license and certify four beds in a 16-bed certified
128.21 boarding care home in Minneapolis to replace beds that were
128.22 voluntarily delicensed and decertified on or before March 31,
128.23 1992. The licensure and certification is conditional upon the
128.24 facility periodically assessing and adjusting its resident mix
128.25 and other factors which may contribute to a potential
128.26 institution for mental disease declaration. The commissioner of
128.27 human services shall retain the authority to audit the facility
128.28 at any time and shall require the facility to comply with any
128.29 requirements necessary to prevent an institution for mental
128.30 disease declaration, including delicensure and decertification
128.31 of beds, if necessary; or
128.32 (dd) to license and certify 72 beds in an existing facility
128.33 in Mille Lacs county with 80 beds as part of a renovation
128.34 project. The renovation must include construction of an
128.35 addition to accommodate ten residents with beginning and
128.36 midstage dementia in a self-contained living unit; creation of
129.1 three resident households where dining, activities, and support
129.2 spaces are located near resident living quarters; designation of
129.3 four beds for rehabilitation in a self-contained area;
129.4 designation of 30 private rooms; and other improvements.
129.5 Sec. 3. Minnesota Statutes 1998, section 144A.071, is
129.6 amended by adding a subdivision to read:
129.7 Subd. 4b. [LICENSED BEDS ON LAYAWAY STATUS.] A licensed
129.8 and certified nursing facility may lay away, upon prior written
129.9 notice to the commissioner of health, up to 50 percent of its
129.10 licensed and certified beds. A nursing facility may not
129.11 discharge a resident in order to lay away a bed. Notice to the
129.12 commissioner shall be given 60 days prior to the effective date
129.13 of the layaway. Beds on layaway shall have the same status as
129.14 voluntarily delicensed and decertified beds and shall not be
129.15 subject to license fees and license surcharge fees. In
129.16 addition, beds on layaway may be removed from layaway at any
129.17 time on or after one year after the effective date of layaway in
129.18 the facility of origin, with a 60-day notice to the
129.19 commissioner. A nursing facility that removes beds from layaway
129.20 may not place beds on layaway status for one year after the
129.21 effective date of the removal from layaway. The commissioner
129.22 may approve the immediate removal of beds from layaway if
129.23 necessary to provide access to those nursing home beds to
129.24 residents relocated from other nursing homes due to emergency
129.25 situations or closure. In the event approval is granted, the
129.26 one-year restriction on placing beds on layaway after a removal
129.27 of beds from layaway shall not apply. Beds may remain on
129.28 layaway for up to five years.
129.29 Sec. 4. Minnesota Statutes 1998, section 148B.32,
129.30 subdivision 1, is amended to read:
129.31 Subdivision 1. [UNLICENSED PRACTICE PROHIBITED.] After
129.32 adoption of rules by the board implementing sections 148B.29 to
129.33 148B.39, no individual shall engage in marriage and family
129.34 therapy practice unless that individual holds a valid license
129.35 issued under sections 148B.29 to 148B.39.
129.36 Marriage and family therapists may not be reimbursed under
130.1 medical assistance, chapter 256B, except to the extent such care
130.2 is reimbursed under section 256B.0625, subdivision 5, or when
130.3 marriage and family therapists are employed by a managed care
130.4 organization with a contract to provide mental health care to
130.5 medical assistance enrollees, and are reimbursed through the
130.6 managed care organization.
130.7 Sec. 5. Minnesota Statutes 1998, section 252.28, is
130.8 amended by adding a subdivision to read:
130.9 Subd. 3b. [OLMSTED COUNTY LICENSING EXEMPTION.] (a)
130.10 Notwithstanding subdivision 3, the commissioner may license
130.11 service sites each accommodating up to five residents moving
130.12 from a 43-bed intermediate care facility for persons with mental
130.13 retardation or related conditions located in Olmsted county that
130.14 is closing under section 252.292.
130.15 (b) Notwithstanding the provisions of any other state law
130.16 or administrative rule, the rate provisions of section 256I.05,
130.17 subdivision 1, apply to the exception in this subdivision.
130.18 Sec. 6. Minnesota Statutes 1999 Supplement, section
130.19 256.01, subdivision 2, is amended to read:
130.20 Subd. 2. [SPECIFIC POWERS.] Subject to the provisions of
130.21 section 241.021, subdivision 2, the commissioner of human
130.22 services shall:
130.23 (1) Administer and supervise all forms of public assistance
130.24 provided for by state law and other welfare activities or
130.25 services as are vested in the commissioner. Administration and
130.26 supervision of human services activities or services includes,
130.27 but is not limited to, assuring timely and accurate distribution
130.28 of benefits, completeness of service, and quality program
130.29 management. In addition to administering and supervising human
130.30 services activities vested by law in the department, the
130.31 commissioner shall have the authority to:
130.32 (a) require county agency participation in training and
130.33 technical assistance programs to promote compliance with
130.34 statutes, rules, federal laws, regulations, and policies
130.35 governing human services;
130.36 (b) monitor, on an ongoing basis, the performance of county
131.1 agencies in the operation and administration of human services,
131.2 enforce compliance with statutes, rules, federal laws,
131.3 regulations, and policies governing welfare services and promote
131.4 excellence of administration and program operation;
131.5 (c) develop a quality control program or other monitoring
131.6 program to review county performance and accuracy of benefit
131.7 determinations;
131.8 (d) require county agencies to make an adjustment to the
131.9 public assistance benefits issued to any individual consistent
131.10 with federal law and regulation and state law and rule and to
131.11 issue or recover benefits as appropriate;
131.12 (e) delay or deny payment of all or part of the state and
131.13 federal share of benefits and administrative reimbursement
131.14 according to the procedures set forth in section 256.017;
131.15 (f) make contracts with and grants to public and private
131.16 agencies and organizations, both profit and nonprofit, and
131.17 individuals, using appropriated funds; and
131.18 (g) enter into contractual agreements with federally
131.19 recognized Indian tribes with a reservation in Minnesota to the
131.20 extent necessary for the tribe to operate a federally approved
131.21 family assistance program or any other program under the
131.22 supervision of the commissioner. The commissioner shall consult
131.23 with the affected county or counties in the contractual
131.24 agreement negotiations, if the county or counties wish to be
131.25 included, in order to avoid the duplication of county and tribal
131.26 assistance program services. The commissioner may establish
131.27 necessary accounts for the purposes of receiving and disbursing
131.28 funds as necessary for the operation of the programs.
131.29 (2) Inform county agencies, on a timely basis, of changes
131.30 in statute, rule, federal law, regulation, and policy necessary
131.31 to county agency administration of the programs.
131.32 (3) Administer and supervise all child welfare activities;
131.33 promote the enforcement of laws protecting handicapped,
131.34 dependent, neglected and delinquent children, and children born
131.35 to mothers who were not married to the children's fathers at the
131.36 times of the conception nor at the births of the children;
132.1 license and supervise child-caring and child-placing agencies
132.2 and institutions; supervise the care of children in boarding and
132.3 foster homes or in private institutions; and generally perform
132.4 all functions relating to the field of child welfare now vested
132.5 in the state board of control.
132.6 (4) Administer and supervise all noninstitutional service
132.7 to handicapped persons, including those who are visually
132.8 impaired, hearing impaired, or physically impaired or otherwise
132.9 handicapped. The commissioner may provide and contract for the
132.10 care and treatment of qualified indigent children in facilities
132.11 other than those located and available at state hospitals when
132.12 it is not feasible to provide the service in state hospitals.
132.13 (5) Assist and actively cooperate with other departments,
132.14 agencies and institutions, local, state, and federal, by
132.15 performing services in conformity with the purposes of Laws
132.16 1939, chapter 431.
132.17 (6) Act as the agent of and cooperate with the federal
132.18 government in matters of mutual concern relative to and in
132.19 conformity with the provisions of Laws 1939, chapter 431,
132.20 including the administration of any federal funds granted to the
132.21 state to aid in the performance of any functions of the
132.22 commissioner as specified in Laws 1939, chapter 431, and
132.23 including the promulgation of rules making uniformly available
132.24 medical care benefits to all recipients of public assistance, at
132.25 such times as the federal government increases its participation
132.26 in assistance expenditures for medical care to recipients of
132.27 public assistance, the cost thereof to be borne in the same
132.28 proportion as are grants of aid to said recipients.
132.29 (7) Establish and maintain any administrative units
132.30 reasonably necessary for the performance of administrative
132.31 functions common to all divisions of the department.
132.32 (8) Act as designated guardian of both the estate and the
132.33 person of all the wards of the state of Minnesota, whether by
132.34 operation of law or by an order of court, without any further
132.35 act or proceeding whatever, except as to persons committed as
132.36 mentally retarded. For children under the guardianship of the
133.1 commissioner whose interests would be best served by adoptive
133.2 placement, the commissioner may contract with a licensed
133.3 child-placing agency to provide adoption services. A contract
133.4 with a licensed child-placing agency must be designed to
133.5 supplement existing county efforts and may not replace existing
133.6 county programs, unless the replacement is agreed to by the
133.7 county board and the appropriate exclusive bargaining
133.8 representative or the commissioner has evidence that child
133.9 placements of the county continue to be substantially below that
133.10 of other counties. Funds encumbered and obligated under an
133.11 agreement for a specific child shall remain available until the
133.12 terms of the agreement are fulfilled or the agreement is
133.13 terminated.
133.14 (9) Act as coordinating referral and informational center
133.15 on requests for service for newly arrived immigrants coming to
133.16 Minnesota.
133.17 (10) The specific enumeration of powers and duties as
133.18 hereinabove set forth shall in no way be construed to be a
133.19 limitation upon the general transfer of powers herein contained.
133.20 (11) Establish county, regional, or statewide schedules of
133.21 maximum fees and charges which may be paid by county agencies
133.22 for medical, dental, surgical, hospital, nursing and nursing
133.23 home care and medicine and medical supplies under all programs
133.24 of medical care provided by the state and for congregate living
133.25 care under the income maintenance programs.
133.26 (12) Have the authority to conduct and administer
133.27 experimental projects to test methods and procedures of
133.28 administering assistance and services to recipients or potential
133.29 recipients of public welfare. To carry out such experimental
133.30 projects, it is further provided that the commissioner of human
133.31 services is authorized to waive the enforcement of existing
133.32 specific statutory program requirements, rules, and standards in
133.33 one or more counties. The order establishing the waiver shall
133.34 provide alternative methods and procedures of administration,
133.35 shall not be in conflict with the basic purposes, coverage, or
133.36 benefits provided by law, and in no event shall the duration of
134.1 a project exceed four years. It is further provided that no
134.2 order establishing an experimental project as authorized by the
134.3 provisions of this section shall become effective until the
134.4 following conditions have been met:
134.5 (a) The secretary of health and human services of the
134.6 United States has agreed, for the same project, to waive state
134.7 plan requirements relative to statewide uniformity.
134.8 (b) A comprehensive plan, including estimated project
134.9 costs, shall be approved by the legislative advisory commission
134.10 and filed with the commissioner of administration.
134.11 (13) According to federal requirements, establish
134.12 procedures to be followed by local welfare boards in creating
134.13 citizen advisory committees, including procedures for selection
134.14 of committee members.
134.15 (14) Allocate federal fiscal disallowances or sanctions
134.16 which are based on quality control error rates for the aid to
134.17 families with dependent children program formerly codified in
134.18 sections 256.72 to 256.87, medical assistance, or food stamp
134.19 program in the following manner:
134.20 (a) One-half of the total amount of the disallowance shall
134.21 be borne by the county boards responsible for administering the
134.22 programs. For the medical assistance and the AFDC program
134.23 formerly codified in sections 256.72 to 256.87, disallowances
134.24 shall be shared by each county board in the same proportion as
134.25 that county's expenditures for the sanctioned program are to the
134.26 total of all counties' expenditures for the AFDC program
134.27 formerly codified in sections 256.72 to 256.87, and medical
134.28 assistance programs. For the food stamp program, sanctions
134.29 shall be shared by each county board, with 50 percent of the
134.30 sanction being distributed to each county in the same proportion
134.31 as that county's administrative costs for food stamps are to the
134.32 total of all food stamp administrative costs for all counties,
134.33 and 50 percent of the sanctions being distributed to each county
134.34 in the same proportion as that county's value of food stamp
134.35 benefits issued are to the total of all benefits issued for all
134.36 counties. Each county shall pay its share of the disallowance
135.1 to the state of Minnesota. When a county fails to pay the
135.2 amount due hereunder, the commissioner may deduct the amount
135.3 from reimbursement otherwise due the county, or the attorney
135.4 general, upon the request of the commissioner, may institute
135.5 civil action to recover the amount due.
135.6 (b) Notwithstanding the provisions of paragraph (a), if the
135.7 disallowance results from knowing noncompliance by one or more
135.8 counties with a specific program instruction, and that knowing
135.9 noncompliance is a matter of official county board record, the
135.10 commissioner may require payment or recover from the county or
135.11 counties, in the manner prescribed in paragraph (a), an amount
135.12 equal to the portion of the total disallowance which resulted
135.13 from the noncompliance, and may distribute the balance of the
135.14 disallowance according to paragraph (a).
135.15 (15) Develop and implement special projects that maximize
135.16 reimbursements and result in the recovery of money to the
135.17 state. For the purpose of recovering state money, the
135.18 commissioner may enter into contracts with third parties. Any
135.19 recoveries that result from projects or contracts entered into
135.20 under this paragraph shall be deposited in the state treasury
135.21 and credited to a special account until the balance in the
135.22 account reaches $1,000,000. When the balance in the account
135.23 exceeds $1,000,000, the excess shall be transferred and credited
135.24 to the general fund. All money in the account is appropriated
135.25 to the commissioner for the purposes of this paragraph.
135.26 (16) Have the authority to make direct payments to
135.27 facilities providing shelter to women and their children
135.28 according to section 256D.05, subdivision 3. Upon the written
135.29 request of a shelter facility that has been denied payments
135.30 under section 256D.05, subdivision 3, the commissioner shall
135.31 review all relevant evidence and make a determination within 30
135.32 days of the request for review regarding issuance of direct
135.33 payments to the shelter facility. Failure to act within 30 days
135.34 shall be considered a determination not to issue direct payments.
135.35 (17) Have the authority to establish and enforce the
135.36 following county reporting requirements:
136.1 (a) The commissioner shall establish fiscal and statistical
136.2 reporting requirements necessary to account for the expenditure
136.3 of funds allocated to counties for human services programs.
136.4 When establishing financial and statistical reporting
136.5 requirements, the commissioner shall evaluate all reports, in
136.6 consultation with the counties, to determine if the reports can
136.7 be simplified or the number of reports can be reduced.
136.8 (b) The county board shall submit monthly or quarterly
136.9 reports to the department as required by the commissioner.
136.10 Monthly reports are due no later than 15 working days after the
136.11 end of the month. Quarterly reports are due no later than 30
136.12 calendar days after the end of the quarter, unless the
136.13 commissioner determines that the deadline must be shortened to
136.14 20 calendar days to avoid jeopardizing compliance with federal
136.15 deadlines or risking a loss of federal funding. Only reports
136.16 that are complete, legible, and in the required format shall be
136.17 accepted by the commissioner.
136.18 (c) If the required reports are not received by the
136.19 deadlines established in clause (b), the commissioner may delay
136.20 payments and withhold funds from the county board until the next
136.21 reporting period. When the report is needed to account for the
136.22 use of federal funds and the late report results in a reduction
136.23 in federal funding, the commissioner shall withhold from the
136.24 county boards with late reports an amount equal to the reduction
136.25 in federal funding until full federal funding is received.
136.26 (d) A county board that submits reports that are late,
136.27 illegible, incomplete, or not in the required format for two out
136.28 of three consecutive reporting periods is considered
136.29 noncompliant. When a county board is found to be noncompliant,
136.30 the commissioner shall notify the county board of the reason the
136.31 county board is considered noncompliant and request that the
136.32 county board develop a corrective action plan stating how the
136.33 county board plans to correct the problem. The corrective
136.34 action plan must be submitted to the commissioner within 45 days
136.35 after the date the county board received notice of noncompliance.
136.36 (e) The final deadline for fiscal reports or amendments to
137.1 fiscal reports is one year after the date the report was
137.2 originally due. If the commissioner does not receive a report
137.3 by the final deadline, the county board forfeits the funding
137.4 associated with the report for that reporting period and the
137.5 county board must repay any funds associated with the report
137.6 received for that reporting period.
137.7 (f) The commissioner may not delay payments, withhold
137.8 funds, or require repayment under paragraph (c) or (e) if the
137.9 county demonstrates that the commissioner failed to provide
137.10 appropriate forms, guidelines, and technical assistance to
137.11 enable the county to comply with the requirements. If the
137.12 county board disagrees with an action taken by the commissioner
137.13 under paragraph (c) or (e), the county board may appeal the
137.14 action according to sections 14.57 to 14.69.
137.15 (g) Counties subject to withholding of funds under
137.16 paragraph (c) or forfeiture or repayment of funds under
137.17 paragraph (e) shall not reduce or withhold benefits or services
137.18 to clients to cover costs incurred due to actions taken by the
137.19 commissioner under paragraph (c) or (e).
137.20 (18) Allocate federal fiscal disallowances or sanctions for
137.21 audit exceptions when federal fiscal disallowances or sanctions
137.22 are based on a statewide random sample for the foster care
137.23 program under title IV-E of the Social Security Act, United
137.24 States Code, title 42, in direct proportion to each county's
137.25 title IV-E foster care maintenance claim for that period.
137.26 (19) Be responsible for ensuring the detection, prevention,
137.27 investigation, and resolution of fraudulent activities or
137.28 behavior by applicants, recipients, and other participants in
137.29 the human services programs administered by the department.
137.30 (20) Require county agencies to identify overpayments,
137.31 establish claims, and utilize all available and cost-beneficial
137.32 methodologies to collect and recover these overpayments in the
137.33 human services programs administered by the department.
137.34 (21) Have the authority to administer a drug rebate program
137.35 for drugs purchased pursuant to the senior citizen prescription
137.36 drug program established under section 256.955 after the
138.1 beneficiary's satisfaction of any deductible established in the
138.2 program. The commissioner shall require a rebate agreement from
138.3 all manufacturers of covered drugs as defined in section
138.4 256B.0625, subdivision 13. Rebate agreements for prescription
138.5 drugs delivered on or after July 1, 2002, must include rebates
138.6 for individuals covered under the prescription drug program who
138.7 are under 65 years of age. For each drug, the amount of the
138.8 rebate shall be equal to the basic rebate as defined for
138.9 purposes of the federal rebate program in United States Code,
138.10 title 42, section 1396r-8(c)(1). This basic rebate shall be
138.11 applied to single-source and multiple-source drugs. The
138.12 manufacturers must provide full payment within 30 days of
138.13 receipt of the state invoice for the rebate within the terms and
138.14 conditions used for the federal rebate program established
138.15 pursuant to section 1927 of title XIX of the Social Security
138.16 Act. The manufacturers must provide the commissioner with any
138.17 information necessary to verify the rebate determined per drug.
138.18 The rebate program shall utilize the terms and conditions used
138.19 for the federal rebate program established pursuant to section
138.20 1927 of title XIX of the Social Security Act.
138.21 (22) Operate the department's communication systems account
138.22 established in Laws 1993, First Special Session chapter 1,
138.23 article 1, section 2, subdivision 2, to manage shared
138.24 communication costs necessary for the operation of the programs
138.25 the commissioner supervises. A communications account may also
138.26 be established for each regional treatment center which operates
138.27 communications systems. Each account must be used to manage
138.28 shared communication costs necessary for the operations of the
138.29 programs the commissioner supervises. The commissioner may
138.30 distribute the costs of operating and maintaining communication
138.31 systems to participants in a manner that reflects actual usage.
138.32 Costs may include acquisition, licensing, insurance,
138.33 maintenance, repair, staff time and other costs as determined by
138.34 the commissioner. Nonprofit organizations and state, county,
138.35 and local government agencies involved in the operation of
138.36 programs the commissioner supervises may participate in the use
139.1 of the department's communications technology and share in the
139.2 cost of operation. The commissioner may accept on behalf of the
139.3 state any gift, bequest, devise or personal property of any
139.4 kind, or money tendered to the state for any lawful purpose
139.5 pertaining to the communication activities of the department.
139.6 Any money received for this purpose must be deposited in the
139.7 department's communication systems accounts. Money collected by
139.8 the commissioner for the use of communication systems must be
139.9 deposited in the state communication systems account and is
139.10 appropriated to the commissioner for purposes of this section.
139.11 (23) Receive any federal matching money that is made
139.12 available through the medical assistance program for the
139.13 consumer satisfaction survey. Any federal money received for
139.14 the survey is appropriated to the commissioner for this
139.15 purpose. The commissioner may expend the federal money received
139.16 for the consumer satisfaction survey in either year of the
139.17 biennium.
139.18 (24) Incorporate cost reimbursement claims from First Call
139.19 Minnesota into the federal cost reimbursement claiming processes
139.20 of the department according to federal law, rule, and
139.21 regulations. Any reimbursement received is appropriated to the
139.22 commissioner and shall be disbursed to First Call Minnesota
139.23 according to normal department payment schedules.
139.24 (25) Develop recommended standards for foster care homes
139.25 that address the components of specialized therapeutic services
139.26 to be provided by foster care homes with those services.
139.27 Sec. 7. Minnesota Statutes 1998, section 256.955,
139.28 subdivision 1, is amended to read:
139.29 Subdivision 1. [ESTABLISHMENT.] The commissioner of human
139.30 services shall establish and administer a senior
139.31 citizen prescription drug program. Qualified senior citizens
139.32 shall be eligible for prescription drug coverage under the
139.33 program beginning no later than January 1, 1999.
139.34 Sec. 8. Minnesota Statutes 1998, section 256.955,
139.35 subdivision 2, is amended to read:
139.36 Subd. 2. [DEFINITIONS.] (a) For purposes of this section,
140.1 the following definitions apply.
140.2 (b) "Health plan" has the meaning provided in section
140.3 62Q.01, subdivision 3.
140.4 (c) "Health plan company" has the meaning provided in
140.5 section 62Q.01, subdivision 4.
140.6 (d) "Qualified senior citizen individual" means an
140.7 individual age 65 or older who: meets the requirements described
140.8 in subdivision 2a or 2b, and:
140.9 (1) is eligible as a qualified Medicare beneficiary
140.10 according to section 256B.057, subdivision 3 or 3a, or is
140.11 eligible under section 256B.057, subdivision 3 or 3a, and is
140.12 also eligible for medical assistance or general assistance
140.13 medical care with a spenddown as defined in section 256B.056,
140.14 subdivision 5. Persons who are determined eligible for who is
140.15 not determined eligible for medical assistance according to
140.16 section 256B.0575, who are is not determined eligible for
140.17 medical assistance or general assistance medical care without a
140.18 spenddown, or who are is not enrolled in MinnesotaCare, are not
140.19 eligible for this program;
140.20 (2) is not enrolled in prescription drug coverage under a
140.21 health plan;
140.22 (3) is not enrolled in prescription drug coverage under a
140.23 Medicare supplement plan, as defined in sections 62A.31 to
140.24 62A.44, or policies, contracts, or certificates that supplement
140.25 Medicare issued by health maintenance organizations or those
140.26 policies, contracts, or certificates governed by section 1833 or
140.27 1876 of the federal Social Security Act, United States Code,
140.28 title 42, section 1395, et seq., as amended;
140.29 (4) has not had coverage described in clauses (2) and (3)
140.30 for at least four months prior to application for the program;
140.31 and
140.32 (5) is a permanent resident of Minnesota as defined in
140.33 section 256L.09.
140.34 EFFECTIVE DATE: This section is effective October 1, 2000.
140.35 Sec. 9. Minnesota Statutes 1998, section 256.955, is
140.36 amended by adding a subdivision to read:
141.1 Subd. 2a. [ELIGIBILITY.] (a) An individual satisfying the
141.2 following requirements and the requirements described in
141.3 subdivision 2, paragraph (d), is eligible for the prescription
141.4 drug program:
141.5 (1) is at least 65 years of age or older; and
141.6 (2) is eligible as a qualified Medicare beneficiary
141.7 according to section 256B.057, subdivision 3 or 3a, or is
141.8 eligible under section 256B.057, subdivision 3 or 3a, and is
141.9 also eligible for medical assistance or general assistance
141.10 medical care with a spenddown as defined in section 256B.056,
141.11 subdivision 5.
141.12 EFFECTIVE DATE: This section is effective October 1, 2000.
141.13 Sec. 10. Minnesota Statutes 1998, section 256.955, is
141.14 amended by adding a subdivision to read:
141.15 Subd. 2b. [ELIGIBILITY.] (a) Effective July 1, 2002, an
141.16 individual satisfying the following requirements and the
141.17 requirements described in subdivision 2, paragraph (d), is
141.18 eligible for the prescription drug program:
141.19 (1) is under 65 years of age; and
141.20 (2) is eligible as a qualified Medicare beneficiary
141.21 according to section 256B.057, subdivision 3, or is eligible
141.22 under section 256B.057, subdivision 3, and is also eligible for
141.23 medical assistance or general assistance medical care with a
141.24 spenddown as defined in section 256B.056, subdivision 5.
141.25 Sec. 11. Minnesota Statutes 1999 Supplement, section
141.26 256.955, subdivision 4, is amended to read:
141.27 Subd. 4. [APPLICATION PROCEDURES AND COORDINATION WITH
141.28 MEDICAL ASSISTANCE.] Applications and information on the program
141.29 must be made available at county social service agencies, health
141.30 care provider offices, and agencies and organizations serving
141.31 senior citizens and persons with disabilities. Senior citizens
141.32 Individuals shall submit applications and any information
141.33 specified by the commissioner as being necessary to verify
141.34 eligibility directly to the county social service agencies:
141.35 (1) beginning January 1, 1999, the county social service
141.36 agency shall determine medical assistance spenddown eligibility
142.1 of individuals who qualify for the senior citizen prescription
142.2 drug program of individuals; and
142.3 (2) program payments will be used to reduce the spenddown
142.4 obligations of individuals who are determined to be eligible for
142.5 medical assistance with a spenddown as defined in section
142.6 256B.056, subdivision 5.
142.7 Seniors Qualified individuals who are eligible for medical
142.8 assistance with a spenddown shall be financially responsible for
142.9 the deductible amount up to the satisfaction of the spenddown.
142.10 No deductible applies once the spenddown has been met. Payments
142.11 to providers for prescription drugs for persons eligible under
142.12 this subdivision shall be reduced by the deductible.
142.13 County social service agencies shall determine an
142.14 applicant's eligibility for the program within 30 days from the
142.15 date the application is received. Eligibility begins the month
142.16 after approval.
142.17 Sec. 12. Minnesota Statutes 1999 Supplement, section
142.18 256.955, subdivision 8, is amended to read:
142.19 Subd. 8. [REPORT.] The commissioner shall annually report
142.20 to the legislature on the senior citizen prescription drug
142.21 program. The report must include demographic information on
142.22 enrollees, per-prescription expenditures, total program
142.23 expenditures, hospital and nursing home costs avoided by
142.24 enrollees, any savings to medical assistance and Medicare
142.25 resulting from the provision of prescription drug coverage under
142.26 Medicare by health maintenance organizations, other public and
142.27 private options for drug assistance to the senior covered
142.28 population, any hardships caused by the annual deductible, and
142.29 any recommendations for changes in the senior prescription drug
142.30 program.
142.31 Sec. 13. Minnesota Statutes 1999 Supplement, section
142.32 256.955, subdivision 9, is amended to read:
142.33 Subd. 9. [PROGRAM LIMITATION.] The commissioner shall
142.34 administer the senior prescription drug program so that the
142.35 costs total no more than funds appropriated plus the drug rebate
142.36 proceeds. Senior Prescription drug program rebate revenues are
143.1 appropriated to the commissioner and shall be expended to
143.2 augment funding of the senior prescription drug program. New
143.3 enrollment shall cease if the commissioner determines that,
143.4 given current enrollment, costs of the program will exceed
143.5 appropriated funds and rebate proceeds. This section shall be
143.6 repealed upon federal approval of the waiver to allow the
143.7 commissioner to provide prescription drug coverage for qualified
143.8 Medicare beneficiaries whose income is less than 150 percent of
143.9 the federal poverty guidelines.
143.10 Sec. 14. Minnesota Statutes 1998, section 256.9751, is
143.11 amended to read:
143.12 256.9751 [CONGREGATE HOUSING ON-SITE COORDINATION (OSC)
143.13 SERVICES PROJECTS.]
143.14 Subdivision 1. [DEFINITIONS.] For the purposes of this
143.15 section, the following terms have the meanings given them.
143.16 (a) [CONGREGATE HOUSING.] "Congregate housing" means
143.17 federally or locally subsidized housing and nonsubsidized low-
143.18 and moderate-income multifamily housing units which may not have
143.19 common areas for activities and for serving food, designed for
143.20 the elderly, consisting of private apartments and common areas
143.21 which can be used for activities and for serving meals.
143.22 (b) [CONGREGATE HOUSING ON-SITE COORDINATION SERVICES
143.23 PROJECTS.] "Congregate housing On-site coordination services
143.24 project" means a project in which services are or could be made
143.25 available to older persons age 55 or older who live
143.26 in subsidized housing a designated service area and which helps
143.27 delay or prevent nursing home placement them remain
143.28 independent. To be considered a congregate housing an on-site
143.29 coordination services project, a project must have: (1) an
143.30 on-site coordinator, and; (2) a plan for assuring the
143.31 availability of one meal per day, seven days a week, for each
143.32 elderly participant in need who needs a meal to continue to live
143.33 independently; and (3) an approved designated service area.
143.34 (c) [ON-SITE COORDINATOR.] "On-site coordinator" means a
143.35 person who works on-site in a building or buildings designated
143.36 service area and who serves as a contact for older persons who
144.1 need services, support, and assistance in order to delay or
144.2 prevent nursing home placement help them remain independent.
144.3 (d) [CONGREGATE HOUSING ON-SITE COORDINATION SERVICES
144.4 PROJECT PARTICIPANTS OR PROJECT PARTICIPANTS.] "Congregate
144.5 housing On-site coordination services project participants" or
144.6 "project participants" means elderly persons 60 55 years old or
144.7 older, who are currently residents of, or who are applying for
144.8 residence in housing sites, planning to move into a designated
144.9 service area and who need support services to remain independent.
144.10 (e) [DESIGNATED SERVICE AREA OR DSA.] "Designated service
144.11 area" or "DSA" means the congregate housing site or sites, and
144.12 surrounding neighborhoods and communities that have a
144.13 concentration of persons age 55 or older that is higher than the
144.14 state average, in which on-site coordination services will be
144.15 provided.
144.16 Subd. 3. [GRANT PROGRAM.] The Minnesota board on aging
144.17 commissioner shall establish a congregate housing an on-site
144.18 coordination services grant program which that is coordinated
144.19 with county government programs and services for elderly persons
144.20 and, in counties where they exist, with seniors' agenda for
144.21 independent living (SAIL) projects as defined in section
144.22 256B.0917, that will enable communities and neighborhoods to
144.23 provide on-site coordinators to serve as a contact for older
144.24 persons who need services and support, and or need assistance to
144.25 access in accessing services, in order to delay or prevent
144.26 nursing home placement and remain independent.
144.27 Subd. 4. [USE OF GRANT FUNDS.] Grant funds shall be used
144.28 to develop and fund on-site coordinator positions. Grant funds
144.29 shall not be used to duplicate existing funds, to modify
144.30 buildings, or to purchase equipment.
144.31 Subd. 5. [GRANT ELIGIBILITY.] A public or nonprofit agency
144.32 or housing unit may apply for funds to provide a coordinator for
144.33 congregate housing on-site coordination services to an
144.34 identified population of frail elderly persons in a subsidized
144.35 multiunit apartment building or buildings in a
144.36 community designated service area. The board commissioner shall
145.1 give preference to applicants that meet the requirements of this
145.2 section, and that have a common dining site in the designated
145.3 service area. A local match may shall be required. State money
145.4 received may also be used to match federal money allocated
145.5 for congregate housing on-site coordination services. Grants
145.6 shall be awarded to urban and rural sites.
145.7 Subd. 6. [CRITERIA FOR SELECTION.] The Minnesota board on
145.8 aging commissioner shall select projects under this section
145.9 according to the following criteria:
145.10 (1) the extent to which the proposed project assists older
145.11 persons to age-in-place to prevent or delay nursing home
145.12 placement;
145.13 (2) the extent to which the proposed project identifies the
145.14 needs of project participants;
145.15 (3) the extent to which the proposed project identifies how
145.16 the on-site coordinator will help meet the needs of project
145.17 participants;
145.18 (4) the extent to which the proposed project plan assures
145.19 the availability of one meal a day, seven days a week, for each
145.20 elderly participant in need in the designated service area;
145.21 (5) the extent to which the proposed project demonstrates
145.22 involvement of participants, communities, and family members in
145.23 the project; and
145.24 (6) the extent to which the proposed project demonstrates
145.25 involvement coordination of housing providers community agencies
145.26 and public and private service agencies, including area agencies
145.27 on aging.
145.28 The commissioner shall consult with the county board of the
145.29 county in which the project would be implemented, and shall not
145.30 select any project without approval of the county board. A
145.31 designated service area with a senior dining program may be
145.32 given preference.
145.33 Subd. 7. [GRANT APPLICATIONS.] The Minnesota board on
145.34 aging commissioner shall request proposals for grants and award
145.35 grants using the criteria in subdivision 6. Grant applications
145.36 shall include:
146.1 (1) documentation of the need for congregate on-site
146.2 coordination services in the DSA so the residents can remain
146.3 independent;
146.4 (2) a description of the resources, such as social services
146.5 and health services, that will be available in the DSA community
146.6 to provide the necessary support services;
146.7 (3) a description of the target population, as defined in
146.8 subdivision 1, paragraph (d);
146.9 (4) a performance plan that includes written performance
146.10 objectives, outcomes, timelines, and the procedure the grantee
146.11 will use to document and measure success in meeting the
146.12 objectives; and
146.13 (5) letters of support from appropriate public and private
146.14 agencies and organizations, such as area agencies on aging and
146.15 county human service departments that demonstrate an intent to
146.16 work with collaborate and coordinate with the agency requesting
146.17 a grant.
146.18 Subd. 8. [REPORT.] By January 1, 1993, the Minnesota board
146.19 on aging shall submit a report to the legislature evaluating the
146.20 programs. The report must document the project costs and
146.21 outcomes that helped delay or prevent nursing home placement.
146.22 The report must describe steps taken for quality assurance and
146.23 must also include recommendations based on the project
146.24 findings. The commissioner shall collect data on a quarterly
146.25 basis on the number of persons served and other factors relating
146.26 to the goals, activities, and accomplishments of the projects.
146.27 The commissioner shall provide this data in summary form to the
146.28 legislature in annual reports, due January 1, 2001, and each
146.29 January 1 thereafter. The annual reports must also include
146.30 recommendations based on project findings.
146.31 Subd. 9. [TECHNICAL ASSISTANCE.] The commissioner may
146.32 provide technical assistance to sponsors of on-site coordination
146.33 services programs or may contract or delegate the provision of
146.34 technical assistance.
146.35 Subd. 10. [OTHER AGENCIES.] The commissioner may delegate,
146.36 use, or employ any federal, state, regional, or local public or
147.1 private agency or organization, including organizations of
147.2 physically handicapped persons, upon terms the commissioner
147.3 deems necessary or desirable, to assist in the exercise of any
147.4 of the powers granted in this section.
147.5 Sec. 15. Minnesota Statutes 1999 Supplement, section
147.6 256B.057, subdivision 3, is amended to read:
147.7 Subd. 3. [QUALIFIED MEDICARE BENEFICIARIES.] A person who
147.8 is entitled to Part A Medicare benefits, whose income is equal
147.9 to or less than 100 percent of the federal poverty guidelines,
147.10 and whose assets are no more than twice the asset limit used to
147.11 determine eligibility for the supplemental security income
147.12 program $10,000 for a single individual and $18,000 for a
147.13 married couple or family of two or more, is eligible for medical
147.14 assistance reimbursement of Part A and Part B premiums, Part A
147.15 and Part B coinsurance and deductibles, and cost-effective
147.16 premiums for enrollment with a health maintenance organization
147.17 or a competitive medical plan under section 1876 of the Social
147.18 Security Act. Reimbursement of the Medicare coinsurance and
147.19 deductibles, when added to the amount paid by Medicare, must not
147.20 exceed the total rate the provider would have received for the
147.21 same service or services if the person were a medical assistance
147.22 recipient with Medicare coverage. Increases in benefits under
147.23 Title II of the Social Security Act shall not be counted as
147.24 income for purposes of this subdivision until the first day of
147.25 the second full month following publication of the change in the
147.26 federal poverty guidelines.
147.27 EFFECTIVE DATE: This section is effective October 1, 2000.
147.28 Sec. 16. Minnesota Statutes 1998, section 256B.0625, is
147.29 amended by adding a subdivision to read:
147.30 Subd. 41. [MENTAL HEALTH PROFESSIONAL.] Notwithstanding
147.31 Minnesota Rules, part 9505.0175, subpart 28, the definition of a
147.32 mental health professional shall include a person who is
147.33 qualified as specified in section 245.462, subdivision 18,
147.34 clause (5); or 245.4871, subdivision 27, clause (5), for the
147.35 purpose of this section and Minnesota Rules, parts 9505.0170 to
147.36 9505.0475.
148.1 Sec. 17. Minnesota Statutes 1999 Supplement, section
148.2 256B.094, subdivision 6, is amended to read:
148.3 Subd. 6. [MEDICAL ASSISTANCE REIMBURSEMENT OF CASE
148.4 MANAGEMENT SERVICES.] (a) Medical assistance reimbursement for
148.5 services under this section shall be made on a monthly basis.
148.6 Payment is based on face-to-face or telephone contacts between
148.7 the case manager and the client, client's family, primary
148.8 caregiver, legal representative, or other relevant person
148.9 identified as necessary to the development or implementation of
148.10 the goals of the individual service plan regarding the status of
148.11 the client, the individual service plan, or the goals for the
148.12 client. These contacts must meet the minimum standards in
148.13 clauses (1) and (2):
148.14 (1) there must be a face-to-face contact at least once a
148.15 month except as provided in clause (2); and
148.16 (2) for a client placed outside of the county of financial
148.17 responsibility in an excluded time facility under section
148.18 256G.02, subdivision 6, or through the Interstate Compact on the
148.19 Placement of Children, section 260.851, and the placement in
148.20 either case is more than 60 miles beyond the county boundaries,
148.21 there must be at least one contact per month and not more than
148.22 two consecutive months without a face-to-face contact.
148.23 (b) Except as provided under paragraph (c), the payment
148.24 rate is established using time study data on activities of
148.25 provider service staff and reports required under sections
148.26 245.482, 256.01, subdivision 2, paragraph (17), and 256E.08,
148.27 subdivision 8.
148.28 (c) Payments for tribes may be made according to section
148.29 256B.0625 or other relevant federally approved rate setting
148.30 methodology for child welfare targeted case management provided
148.31 by Indian health services and facilities operated by a tribe or
148.32 tribal organization.
148.33 (d) Payment for case management provided by county or
148.34 tribal social services contracted vendors shall be based on a
148.35 monthly rate negotiated by the host county or tribal social
148.36 services. The negotiated rate must not exceed the rate charged
149.1 by the vendor for the same service to other payers. If the
149.2 service is provided by a team of contracted vendors, the county
149.3 or tribal social services may negotiate a team rate with a
149.4 vendor who is a member of the team. The team shall determine
149.5 how to distribute the rate among its members. No reimbursement
149.6 received by contracted vendors shall be returned to the county
149.7 or tribal social services, except to reimburse the county or
149.8 tribal social services for advance funding provided by the
149.9 county or tribal social services to the vendor.
149.10 (e) If the service is provided by a team that includes
149.11 contracted vendors and county or tribal social services staff,
149.12 the costs for county or tribal social services staff
149.13 participation in the team shall be included in the rate for
149.14 county or tribal social services provided services. In this
149.15 case, the contracted vendor and the county or tribal social
149.16 services may each receive separate payment for services provided
149.17 by each entity in the same month. To prevent duplication of
149.18 services, each entity must document, in the recipient's file,
149.19 the need for team case management and a description of the roles
149.20 and services of the team members.
149.21 Separate payment rates may be established for different
149.22 groups of providers to maximize reimbursement as determined by
149.23 the commissioner. The payment rate will be reviewed annually
149.24 and revised periodically to be consistent with the most recent
149.25 time study and other data. Payment for services will be made
149.26 upon submission of a valid claim and verification of proper
149.27 documentation described in subdivision 7. Federal
149.28 administrative revenue earned through the time study, or under
149.29 paragraph (c), shall be distributed according to earnings, to
149.30 counties, reservations, or groups of counties or reservations
149.31 which have the same payment rate under this subdivision, and to
149.32 the group of counties or reservations which are not certified
149.33 providers under section 256F.10. The commissioner shall modify
149.34 the requirements set out in Minnesota Rules, parts 9550.0300 to
149.35 9550.0370, as necessary to accomplish this.
149.36 Sec. 18. Minnesota Statutes 1999 Supplement, section
150.1 256B.431, subdivision 17, is amended to read:
150.2 Subd. 17. [SPECIAL PROVISIONS FOR MORATORIUM EXCEPTIONS.]
150.3 (a) Notwithstanding Minnesota Rules, part 9549.0060, subpart 3,
150.4 for rate periods beginning on October 1, 1992, and for rate
150.5 years beginning after June 30, 1993, a nursing facility that (1)
150.6 has completed a construction project approved under section
150.7 144A.071, subdivision 4a, clause (m); (2) has completed a
150.8 construction project approved under section 144A.071,
150.9 subdivision 4a, and effective after June 30, 1995; or (3) has
150.10 completed a renovation, replacement, or upgrading project
150.11 approved under the moratorium exception process in section
150.12 144A.073 shall be reimbursed for costs directly identified to
150.13 that project as provided in subdivision 16 and this subdivision.
150.14 (b) Notwithstanding Minnesota Rules, part 9549.0060,
150.15 subparts 5, item A, subitems (1) and (3), and 7, item D,
150.16 allowable interest expense on debt shall include:
150.17 (1) interest expense on debt related to the cost of
150.18 purchasing or replacing depreciable equipment, excluding
150.19 vehicles, not to exceed six percent of the total historical cost
150.20 of the project; and
150.21 (2) interest expense on debt related to financing or
150.22 refinancing costs, including costs related to points, loan
150.23 origination fees, financing charges, legal fees, and title
150.24 searches; and issuance costs including bond discounts, bond
150.25 counsel, underwriter's counsel, corporate counsel, printing, and
150.26 financial forecasts. Allowable debt related to items in this
150.27 clause shall not exceed seven percent of the total historical
150.28 cost of the project. To the extent these costs are financed,
150.29 the straight-line amortization of the costs in this clause is
150.30 not an allowable cost; and
150.31 (3) interest on debt incurred for the establishment of a
150.32 debt reserve fund, net of the interest earned on the debt
150.33 reserve fund.
150.34 (c) Debt incurred for costs under paragraph (b) is not
150.35 subject to Minnesota Rules, part 9549.0060, subpart 5, item A,
150.36 subitem (5) or (6).
151.1 (d) The incremental increase in a nursing facility's rental
151.2 rate, determined under Minnesota Rules, parts 9549.0010 to
151.3 9549.0080, and this section, resulting from the acquisition of
151.4 allowable capital assets, and allowable debt and interest
151.5 expense under this subdivision shall be added to its
151.6 property-related payment rate and shall be effective on the
151.7 first day of the month following the month in which the
151.8 moratorium project was completed.
151.9 (e) Notwithstanding subdivision 3f, paragraph (a), for rate
151.10 periods beginning on October 1, 1992, and for rate years
151.11 beginning after June 30, 1993, the replacement-costs-new per bed
151.12 limit to be used in Minnesota Rules, part 9549.0060, subpart 4,
151.13 item B, for a nursing facility that has completed a renovation,
151.14 replacement, or upgrading project that has been approved under
151.15 the moratorium exception process in section 144A.073, or that
151.16 has completed an addition to or replacement of buildings,
151.17 attached fixtures, or land improvements for which the total
151.18 historical cost exceeds the lesser of $150,000 or ten percent of
151.19 the most recent appraised value, must be $47,500 per licensed
151.20 bed in multiple-bed rooms and $71,250 per licensed bed in a
151.21 single-bed room. These amounts must be adjusted annually as
151.22 specified in subdivision 3f, paragraph (a), beginning January 1,
151.23 1993.
151.24 (f) A nursing facility that completes a project identified
151.25 in this subdivision and, as of April 17, 1992, has not been
151.26 mailed a rate notice with a special appraisal for a completed
151.27 project, or completes a project after April 17, 1992, but before
151.28 September 1, 1992, may elect either to request a special
151.29 reappraisal with the corresponding adjustment to the
151.30 property-related payment rate under the laws in effect on June
151.31 30, 1992, or to submit their capital asset and debt information
151.32 after that date and obtain the property-related payment rate
151.33 adjustment under this section, but not both.
151.34 (g) For purposes of this paragraph, a total replacement
151.35 means the complete replacement of the nursing facility's
151.36 physical plant through the construction of a new physical plant
152.1 or, the transfer of the nursing facility's license from one
152.2 physical plant location to another, or a new building addition
152.3 to relocate beds from three- and four-bed wards. For total
152.4 replacement projects completed on or after July 1, 1992, the
152.5 commissioner shall compute the incremental change in the nursing
152.6 facility's rental per diem, for rate years beginning on or after
152.7 July 1, 1995, by replacing its appraised value, including the
152.8 historical capital asset costs, and the capital debt and
152.9 interest costs with the new nursing facility's allowable capital
152.10 asset costs and the related allowable capital debt and interest
152.11 costs. If the new nursing facility has decreased its licensed
152.12 capacity, the aggregate investment per bed limit in subdivision
152.13 3a, paragraph (d), shall apply. If the new nursing facility has
152.14 retained a portion of the original physical plant for nursing
152.15 facility usage, then a portion of the appraised value prior to
152.16 the replacement must be retained and included in the calculation
152.17 of the incremental change in the nursing facility's rental per
152.18 diem. For purposes of this part, the original nursing facility
152.19 means the nursing facility prior to the total replacement
152.20 project. The portion of the appraised value to be retained
152.21 shall be calculated according to clauses (1) to (3):
152.22 (1) The numerator of the allocation ratio shall be the
152.23 square footage of the area in the original physical plant which
152.24 is being retained for nursing facility usage.
152.25 (2) The denominator of the allocation ratio shall be the
152.26 total square footage of the original nursing facility physical
152.27 plant.
152.28 (3) Each component of the nursing facility's allowable
152.29 appraised value prior to the total replacement project shall be
152.30 multiplied by the allocation ratio developed by dividing clause
152.31 (1) by clause (2).
152.32 In the case of either type of total replacement as
152.33 authorized under section 144A.071 or 144A.073, the provisions of
152.34 this subdivision shall also apply. For purposes of the
152.35 moratorium exception authorized under section 144A.071,
152.36 subdivision 4a, paragraph (s), if the total replacement involves
153.1 the renovation and use of an existing health care facility
153.2 physical plant, the new allowable capital asset costs and
153.3 related debt and interest costs shall include first the
153.4 allowable capital asset costs and related debt and interest
153.5 costs of the renovation, to which shall be added the allowable
153.6 capital asset costs of the existing physical plant prior to the
153.7 renovation, and if reported by the facility, the related
153.8 allowable capital debt and interest costs.
153.9 (h) Notwithstanding Minnesota Rules, part 9549.0060,
153.10 subpart 11, item C, subitem (2), for a total replacement, as
153.11 defined in paragraph (g), authorized under section 144A.071 or
153.12 144A.073 after July 1, 1999, or any building project that is a
153.13 relocation, renovation, upgrading, or conversion authorized
153.14 under section 144A.073, after July 1, 2001, the
153.15 replacement-costs-new per bed limit shall be $74,280 per
153.16 licensed bed in multiple-bed rooms, $92,850 per licensed bed in
153.17 semiprivate rooms with a fixed partition separating the resident
153.18 beds, and $111,420 per licensed bed in single rooms. Minnesota
153.19 Rules, part 9549.0060, subpart 11, item C, subitem (2), does not
153.20 apply. These amounts must be adjusted annually as specified in
153.21 subdivision 3f, paragraph (a), beginning January 1, 2000.
153.22 (i) For a total replacement, as defined in paragraph (g),
153.23 authorized under section 144A.073 for a 96-bed nursing home in
153.24 Carlton county, the replacement-costs-new per bed limit shall be
153.25 $74,280 per licensed bed in multiple-bed rooms, $92,850 per
153.26 licensed bed in semiprivate rooms with a fixed partition
153.27 separating the resident's beds, and $111,420 per licensed bed in
153.28 a single room. Minnesota Rules, part 9549.0060, subpart 11,
153.29 item C, subitem (2), does not apply. The resulting maximum
153.30 allowable replacement-costs-new multiplied by 1.25 shall
153.31 constitute the project's dollar threshold for purposes of
153.32 application of the limit set forth in section 144A.071,
153.33 subdivision 2. The commissioner of health may waive the
153.34 requirements of section 144A.073, subdivision 3b, paragraph (b),
153.35 clause (2), on the condition that the other requirements of that
153.36 paragraph are met.
154.1 (j) For a total replacement, as defined in paragraph (g),
154.2 authorized under section 144A.073 involving a new building
154.3 addition that relocates beds from three-bed wards for an 80-bed
154.4 nursing home in Redwood county, the replacement-costs-new per
154.5 bed limit shall be $74,280 per licensed bed for multiple-bed
154.6 rooms; $92,850 per licensed bed for semiprivate rooms with a
154.7 fixed partition separating the beds; and $111,420 per licensed
154.8 bed for single rooms. These amounts shall be adjusted annually,
154.9 beginning January 1, 2001. Minnesota Rules, part 9549.0060,
154.10 subpart 11, item C, subitem (2), does not apply. The resulting
154.11 maximum allowable replacement-costs-new multiplied by 1.25 shall
154.12 constitute the project's dollar threshold for purposes of
154.13 application of the limit set forth in section 144A.071,
154.14 subdivision 2. The commissioner of health may waive the
154.15 requirements of section 144A.073, subdivision 3b, paragraph (b),
154.16 clause (2), on the condition that the other requirements of that
154.17 paragraph are met.
154.18 Sec. 19. Minnesota Statutes 1999 Supplement, section
154.19 256B.431, subdivision 28, is amended to read:
154.20 Subd. 28. [NURSING FACILITY RATE INCREASES BEGINNING JULY
154.21 1, 1999, AND JULY 1, 2000.] (a) For the rate years beginning
154.22 July 1, 1999, and July 1, 2000, the commissioner shall make
154.23 available to each nursing facility reimbursed under this section
154.24 or section 256B.434 an adjustment to the total operating payment
154.25 rate. For nursing facilities reimbursed under this section or
154.26 section 256B.434, the July 1, 2000, operating payment rate
154.27 increases provided in this subdivision shall be applied to each
154.28 facility's June 30, 2000, operating payment rate. For each
154.29 facility, total operating costs shall be separated into costs
154.30 that are compensation related and all other costs.
154.31 Compensation-related costs include salaries, payroll taxes, and
154.32 fringe benefits for all employees except management fees, the
154.33 administrator, and central office staff.
154.34 (b) For the rate year beginning July 1, 1999, the
154.35 commissioner shall make available a rate increase for
154.36 compensation-related costs of 4.843 percent and a rate increase
155.1 for all other operating costs of 3.446 percent.
155.2 (c) For the rate year beginning July 1, 2000, the
155.3 commissioner shall make available:
155.4 (1) a rate increase for compensation-related costs of 3.632
155.5 percent;
155.6 (2) an additional rate increase which must be used to
155.7 increase the per-hour pay rate of all employees except
155.8 management fees, the administrator, and central office staff by
155.9 an equal dollar amount and to pay associated costs for FICA, the
155.10 Medicare tax, workers' compensation premiums, and federal and
155.11 state unemployment insurance, to be calculated according to
155.12 clauses (i) to (iii):
155.13 (i) the commissioner shall calculate the arithmetic mean of
155.14 the eleven June 30, 2000, operating rates for each facility;
155.15 (ii) the commissioner shall construct an array of nursing
155.16 facilities from highest to lowest, according to the arithmetic
155.17 mean calculated in clause (i). A numerical rank shall be
155.18 assigned to each facility in the array. The facility with the
155.19 highest mean shall be assigned a numerical rank of one. The
155.20 facility with the lowest mean shall be assigned a numerical rank
155.21 equal to the total number of nursing facilities in the array.
155.22 All other facilities shall be assigned a numerical rank in
155.23 accordance with their position in the array;
155.24 (iii) the amount of the additional rate increase shall be
155.25 $1 plus an amount equal to $3.13 multiplied by the ratio of the
155.26 facility's numeric rank divided by the number of facilities in
155.27 the array; and
155.28 (3) a rate increase for all other operating costs of 2.585
155.29 percent.
155.30 Money received by a facility as a result of the additional
155.31 rate increase provided under clause (2) shall be used only for
155.32 wage increases implemented on or after July 1, 2000, and shall
155.33 not be used for wage increases implemented prior to that date.
155.34 (d) The payment rate adjustment for each nursing facility
155.35 must be determined under clause (1) or (2):
155.36 (1) for each nursing facility that reports salaries for
156.1 registered nurses, licensed practical nurses, aides, orderlies,
156.2 and attendants separately, the commissioner shall determine the
156.3 payment rate adjustment using the categories specified in
156.4 paragraph (a) multiplied by the rate increases specified in
156.5 paragraph (b) or (c), and then dividing the resulting amount by
156.6 the nursing facility's actual resident days. In determining the
156.7 amount of a payment rate adjustment for a nursing facility
156.8 reimbursed under section 256B.434, the commissioner shall
156.9 determine the proportions of the facility's rates that are
156.10 compensation-related costs and all other operating costs based
156.11 on the facility's most recent cost report; and
156.12 (2) for each nursing facility that does not report salaries
156.13 for registered nurses, licensed practical nurses, aides,
156.14 orderlies, and attendants separately, the payment rate
156.15 adjustment shall be computed using the facility's total
156.16 operating costs, separated into the categories specified in
156.17 paragraph (a) in proportion to the weighted average of all
156.18 facilities determined under clause (1), multiplied by the rate
156.19 increases specified in paragraph (b) or (c), and then dividing
156.20 the resulting amount by the nursing facility's actual resident
156.21 days.
156.22 (e) A nursing facility may apply for the
156.23 compensation-related payment rate adjustment calculated under
156.24 this subdivision. The application must be made to the
156.25 commissioner and contain a plan by which the nursing facility
156.26 will distribute the compensation-related portion of the payment
156.27 rate adjustment to employees of the nursing facility. For
156.28 nursing facilities in which the employees are represented by an
156.29 exclusive bargaining representative, an agreement negotiated and
156.30 agreed to by the employer and the exclusive bargaining
156.31 representative constitutes the plan. For the second rate year,
156.32 a negotiated agreement constitutes the plan only if the
156.33 agreement is finalized after the date of enactment of all rate
156.34 increases for the second rate year. The commissioner shall
156.35 review the plan to ensure that the payment rate adjustment per
156.36 diem is used as provided in paragraphs (a) to (c). To be
157.1 eligible, a facility must submit its plan for the compensation
157.2 distribution by December 31 each year. A facility may amend its
157.3 plan for the second rate year by submitting a revised plan by
157.4 December 31, 2000. If a facility's plan for compensation
157.5 distribution is effective for its employees after July 1 of the
157.6 year that the funds are available, the payment rate adjustment
157.7 per diem shall be effective the same date as its plan.
157.8 (f) A copy of the approved distribution plan must be made
157.9 available to all employees. This must be done by giving each
157.10 employee a copy or by posting it in an area of the nursing
157.11 facility to which all employees have access. If an employee
157.12 does not receive the compensation adjustment described in their
157.13 facility's approved plan and is unable to resolve the problem
157.14 with the facility's management or through the employee's union
157.15 representative, the employee may contact the commissioner at an
157.16 address or phone number provided by the commissioner and
157.17 included in the approved plan.
157.18 (g) If the reimbursement system under section 256B.435 is
157.19 not implemented until July 1, 2001, the salary adjustment per
157.20 diem authorized in subdivision 2i, paragraph (c), shall continue
157.21 until June 30, 2001.
157.22 (h) For the rate year beginning July 1, 1999, the following
157.23 nursing facilities shall be allowed a rate increase equal to 67
157.24 percent of the rate increase that would be allowed if
157.25 subdivision 26, paragraph (a), was not applied:
157.26 (1) a nursing facility in Carver county licensed for 33
157.27 nursing home beds and four boarding care beds;
157.28 (2) a nursing facility in Faribault county licensed for 159
157.29 nursing home beds on September 30, 1998; and
157.30 (3) a nursing facility in Houston county licensed for 68
157.31 nursing home beds on September 30, 1998.
157.32 (i) For the rate year beginning July 1, 1999, the following
157.33 nursing facilities shall be allowed a rate increase equal to 67
157.34 percent of the rate increase that would be allowed if
157.35 subdivision 26, paragraphs (a) and (b), were not applied:
157.36 (1) a nursing facility in Chisago county licensed for 135
158.1 nursing home beds on September 30, 1998; and
158.2 (2) a nursing facility in Murray county licensed for 62
158.3 nursing home beds on September 30, 1998.
158.4 (j) For the rate year beginning July 1, 1999, a nursing
158.5 facility in Hennepin county licensed for 134 beds on September
158.6 30, 1998, shall:
158.7 (1) have the prior year's allowable care-related per diem
158.8 increased by $3.93 and the prior year's other operating cost per
158.9 diem increased by $1.69 before adding the inflation in
158.10 subdivision 26, paragraph (d), clause (2); and
158.11 (2) be allowed a rate increase equal to 67 percent of the
158.12 rate increase that would be allowed if subdivision 26,
158.13 paragraphs (a) and (b), were not applied.
158.14 The increases provided in paragraphs (h), (i), and (j)
158.15 shall be included in the facility's total payment rates for the
158.16 purposes of determining future rates under this section or any
158.17 other section.
158.18 Sec. 20. Minnesota Statutes 1998, section 256B.431, is
158.19 amended by adding a subdivision to read:
158.20 Subd. 29. [FACILITY RATE INCREASES EFFECTIVE JULY 1,
158.21 2000.] Following the determination under subdivision 28 of the
158.22 payment rate for the rate year beginning July 1, 2000, for a
158.23 facility in Roseau county licensed for 49 beds, the facility's
158.24 operating cost per diem shall be increased by the following
158.25 amounts:
158.26 (1) case mix class A, $1.97;
158.27 (2) case mix class B, $2.11;
158.28 (3) case mix class C, $2.26;
158.29 (4) case mix class D, $2.39;
158.30 (5) case mix class E, $2.54;
158.31 (6) case mix class F, $2.55;
158.32 (7) case mix class G, $2.66;
158.33 (8) case mix class H, $2.90;
158.34 (9) case mix class I, $2.97;
158.35 (10) case mix class J, $3.10; and
158.36 (11) case mix class K, $3.36.
159.1 These increases shall be included in the facility's total
159.2 payment rates for the purpose of determining future rates under
159.3 this section or any other section.
159.4 Sec. 21. Minnesota Statutes 1998, section 256B.431, is
159.5 amended by adding a subdivision to read:
159.6 Subd. 30. [BED LAYAWAY AND DELICENSURE.] (a) For rate
159.7 years beginning on or after July 1, 2000, a nursing facility
159.8 reimbursed under this section which has placed beds on layaway
159.9 shall, for purposes of application of the downsizing incentive
159.10 in subdivision 3a, paragraph (d), and calculation of the rental
159.11 per diem, have those beds given the same effect as if the beds
159.12 had been delicensed so long as the beds remain on layaway. At
159.13 the time of a layaway, a facility may change its single bed
159.14 election for use in calculating capacity days under Minnesota
159.15 Rules, part 9549.0060, subpart 11. The property payment rate
159.16 increase shall be effective the first day of the month following
159.17 the month in which the layaway of the beds becomes effective
159.18 under section 144A.071, subdivision 4b.
159.19 (b) For rate years beginning on or after July 1, 2000,
159.20 notwithstanding any provision to the contrary under section
159.21 256B.434, a nursing facility reimbursed under that section which
159.22 has placed beds on layaway shall, for so long as the beds remain
159.23 on layaway, be allowed to:
159.24 (1) aggregate the applicable investment per bed limits
159.25 based on the number of beds licensed immediately prior to
159.26 entering the alternative payment system;
159.27 (2) retain or change the facility's single bed election for
159.28 use in calculating capacity days under Minnesota Rules, part
159.29 9549.0060, subpart 11; and
159.30 (3) establish capacity days based on the number of beds
159.31 immediately prior to the layaway and the number of beds after
159.32 the layaway.
159.33 The commissioner shall increase the facility's property payment
159.34 rate by the incremental increase in the rental per diem
159.35 resulting from the recalculation of the facility's rental per
159.36 diem applying only the changes resulting from the layaway of
160.1 beds and clauses (1), (2), and (3). If a facility reimbursed
160.2 under section 256B.434 completes a moratorium exception project
160.3 after its base year, the base year property rate shall be the
160.4 moratorium project property rate. The base year rate shall be
160.5 inflated by the factors in section 256B.434, subdivision 4,
160.6 paragraph (c). The property payment rate increase shall be
160.7 effective the first day of the month following the month in
160.8 which the layaway of the beds becomes effective.
160.9 (c) If a nursing facility removes a bed from layaway status
160.10 in accordance with section 144A.071, subdivision 4b, the
160.11 commissioner shall establish capacity days based on the number
160.12 of licensed and certified beds in the facility not on layaway
160.13 and shall reduce the nursing facility's property payment rate in
160.14 accordance with paragraph (b).
160.15 (d) For the rate years beginning on or after July 1, 2000,
160.16 notwithstanding any provision to the contrary under section
160.17 256B.434, a nursing facility reimbursed under that section,
160.18 which has delicensed beds after July 1, 2000, by giving notice
160.19 of the delicensure to the commissioner of health according to
160.20 the notice requirements in section 144A.071, subdivision 4b,
160.21 shall be allowed to:
160.22 (1) aggregate the applicable investment per bed limits
160.23 based on the number of beds licensed immediately prior to
160.24 entering the alternative payment system;
160.25 (2) retain or change the facility's single bed election for
160.26 use in calculating capacity days under Minnesota Rules, part
160.27 9549.0060, subpart 11; and
160.28 (3) establish capacity days based on the number of beds
160.29 immediately prior to the delicensure and the number of beds
160.30 after the delicensure.
160.31 The commissioner shall increase the facility's property payment
160.32 rate by the incremental increase in the rental per diem
160.33 resulting from the recalculation of the facility's rental per
160.34 diem applying only the changes resulting from the delicensure of
160.35 beds and clauses (1), (2), and (3). If a facility reimbursed
160.36 under section 256B.434 completes a moratorium exception project
161.1 after its base year, the base year property rate shall be the
161.2 moratorium project property rate. The base year rate shall be
161.3 inflated by the factors in section 256B.434, subdivision 4,
161.4 paragraph (c). The property payment rate increase shall be
161.5 effective the first day of the month following the month in
161.6 which the delicensure of the beds becomes effective.
161.7 (e) For nursing facilities reimbursed under this section or
161.8 section 256B.434, any beds placed on layaway shall not be
161.9 included in calculating facility occupancy as it pertains to
161.10 leave days defined in Minnesota Rules, part 9505.0415.
161.11 (f) For nursing facilities reimbursed under this section or
161.12 section 256B.434, the rental rate calculated after placing beds
161.13 on layaway may not be less than the rental rate prior to placing
161.14 beds on layaway.
161.15 (g) A nursing facility receiving a rate adjustment as a
161.16 result of this section shall comply with section 256B.47,
161.17 subdivision 2.
161.18 (h) A facility that does not utilize the space made
161.19 available as a result of bed layaway or delicensure under this
161.20 subdivision to reduce the number of beds per room or provide
161.21 more common space for nursing facility uses or perform other
161.22 activities related to the operation of the nursing facility
161.23 shall have its property rate increase calculated under this
161.24 subdivision reduced by the ratio of the square footage made
161.25 available that is not used for these purposes to the total
161.26 square footage made available as a result of bed layaway or
161.27 delicensure.
161.28 Sec. 22. Minnesota Statutes 1998, section 256B.434, is
161.29 amended by adding a subdivision to read:
161.30 Subd. 4b. [FACILITY RATE INCREASES EFFECTIVE JULY 1,
161.31 2000.] For the rate year beginning July 1, 2000, the nursing
161.32 facilities described in clauses (1) to (6) shall receive the
161.33 rate increases indicated. The increases under this subdivision
161.34 shall be added following the determination under section
161.35 256B.431, subdivision 28, of the payment rate for the rate year
161.36 beginning July 1, 2000, and shall be included in the facility's
162.1 total payment rates for the purposes of determining future rates
162.2 under this section or any other section:
162.3 (1) a nursing facility in Hennepin county licensed for 290
162.4 beds shall receive an operating cost per diem increase of 5.9
162.5 percent, provided that the facility delicenses, decertifies, or
162.6 places on layaway status, if that status is otherwise permitted
162.7 by law, 70 beds;
162.8 (2) a nursing facility in Goodhue county licensed for 84
162.9 beds shall receive an increase of $1.54 in each case mix payment
162.10 rate;
162.11 (3) a nursing facility located in Rochester and licensed
162.12 for 103 beds on January 1, 2000, shall receive an increase in
162.13 its case mix resident class A payment of $3.78, and an increase
162.14 in the payment rate for all other case mix classes of that
162.15 amount multiplied by the class weight for that case mix class
162.16 established in Minnesota Rules, part 9549.0058, subpart 3;
162.17 (4) a nursing facility in Wright county licensed for 154
162.18 beds shall receive an increase of $2.03 in each case mix payment
162.19 rate to be used for employee wage and benefit enhancements;
162.20 (5) a facility in Todd county licensed for 78 beds, shall
162.21 have its operating cost per diem increased by the following
162.22 amounts:
162.23 (i) case mix class A, $1.16;
162.24 (ii) case mix class B, $1.50;
162.25 (iii) case mix class C, $1.89;
162.26 (iv) case mix class D, $2.26;
162.27 (v) case mix class E, $2.63;
162.28 (vi) case mix class F, $2.65;
162.29 (vii) case mix class G, $2.96;
162.30 (viii) case mix class H, $3.55;
162.31 (ix) case mix class I, $3.76;
162.32 (x) case mix class J, $4.08; and
162.33 (xi) case mix class K, $4.76; and
162.34 (6) a nursing facility in Pine City that decertified 22
162.35 beds in calendar year 1999 shall have its property-related per
162.36 diem payment rate increased by $1.59.
163.1 Sec. 23. Minnesota Statutes 1998, section 256B.501, is
163.2 amended by adding a subdivision to read:
163.3 Subd. 13. [ICF/MR RATE INCREASES BEGINNING OCTOBER 1,
163.4 1999, AND OCTOBER 1, 2000.] (a) For the rate years beginning
163.5 October 1, 1999, and October 1, 2000, the commissioner shall
163.6 make available to each facility reimbursed under this section,
163.7 section 256B.5011, and Laws 1993, First Special Session chapter
163.8 1, article 4, section 11, an adjustment to the total operating
163.9 payment rate. For each facility, total operating costs shall be
163.10 separated into costs that are compensation related and all other
163.11 costs. "Compensation-related costs" means the facility's
163.12 allowable program operating cost category employee training
163.13 expenses and the facility's allowable salaries, payroll taxes,
163.14 and fringe benefits. The term does not include these same
163.15 salary-related costs for both administrative or central office
163.16 employees.
163.17 For the purpose of determining the adjustment to be granted
163.18 under this subdivision, the commissioner must use the most
163.19 recent cost report that has been subject to desk audit.
163.20 (b) For the rate year beginning October 1, 1999, the
163.21 commissioner shall make available a rate increase for
163.22 compensation-related costs of 4.6 percent and a rate increase
163.23 for all other operating costs of 3.2 percent.
163.24 (c) For the rate year beginning October 1, 2000, the
163.25 commissioner shall make available:
163.26 (1) a rate increase for compensation related costs of 6.5
163.27 percent, 45 percent of which shall be used to increase the
163.28 per-hour pay rate of all employees except administrative and
163.29 central office employees by an equal dollar amount and to pay
163.30 associated costs for FICA, the Medicare tax, workers'
163.31 compensation premiums, and federal and state unemployment
163.32 insurance provided that this portion of the compensation-related
163.33 increase shall be used only for wage increases implemented on or
163.34 after October 1, 2000, and shall not be used for wage increases
163.35 implemented prior to that date; and
163.36 (2) a rate increase for all other operating costs of two
164.1 percent.
164.2 (d) For each facility, the commissioner shall determine the
164.3 payment rate adjustment using the categories specified in
164.4 paragraph (a) multiplied by the rate increases specified in
164.5 paragraph (b) or (c), and then dividing the resulting amount by
164.6 the facility's actual resident days.
164.7 (e) Any facility whose payment rates are governed by
164.8 closure agreements, receivership agreements, or Minnesota Rules,
164.9 part 9553.0075, are not eligible for an adjustment otherwise
164.10 granted under this subdivision.
164.11 (f) A facility may apply for the compensation-related
164.12 payment rate adjustment calculated under this subdivision. The
164.13 application must be made to the commissioner and contain a plan
164.14 by which the facility will distribute the compensation-related
164.15 portion of the payment rate adjustment to employees of the
164.16 facility. For facilities in which the employees are represented
164.17 by an exclusive bargaining representative, an agreement
164.18 negotiated and agreed to by the employer and the exclusive
164.19 bargaining representative constitutes the plan. For the second
164.20 rate year, a negotiated agreement may constitute the plan only
164.21 if the agreement is finalized after the date of enactment of all
164.22 rate increases for the second rate year. The commissioner shall
164.23 review the plan to ensure that the payment rate adjustment per
164.24 diem is used as provided in this subdivision. To be eligible, a
164.25 facility must submit its plan for the compensation distribution
164.26 by December 31 each year. A facility may amend its plan for the
164.27 second rate year by submitting a revised plan by December 31,
164.28 2000. If a facility's plan for compensation distribution is
164.29 effective for its employees after October 1 of the year that the
164.30 funds are available, the payment rate adjustment per diem shall
164.31 be effective the same date as its plan.
164.32 (g) A copy of the approved distribution plan must be made
164.33 available to all employees. This must be done by giving each
164.34 employee a copy or by posting it in an area of the facility to
164.35 which all employees have access. If an employee does not
164.36 receive the compensation adjustment described in their
165.1 facility's approved plan and is unable to resolve the problem
165.2 with the facility's management or through the employee's union
165.3 representative, the employee may contact the commissioner at an
165.4 address or telephone number provided by the commissioner and
165.5 included in the approved plan.
165.6 Sec. 24. Minnesota Statutes 1999 Supplement, section
165.7 256B.69, subdivision 5b, is amended to read:
165.8 Subd. 5b. [PROSPECTIVE REIMBURSEMENT RATES.] (a) For
165.9 prepaid medical assistance and general assistance medical care
165.10 program contract rates set by the commissioner under subdivision
165.11 5 and effective on or after January 1, 1998, capitation rates
165.12 for nonmetropolitan counties shall on a weighted average be no
165.13 less than 88 percent of the capitation rates for metropolitan
165.14 counties, excluding Hennepin county. The commissioner shall
165.15 make a pro rata adjustment in capitation rates paid to counties
165.16 other than nonmetropolitan counties in order to make this
165.17 provision budget neutral.
165.18 (b) For prepaid medical assistance program contract rates
165.19 set by the commissioner under subdivision 5 and effective on or
165.20 after January 1, 2001, capitation rates for nonmetropolitan
165.21 counties shall, on a weighted average, be no less than 89
165.22 percent of the capitation rates for metropolitan counties,
165.23 excluding Hennepin county.
165.24 (c) This subdivision shall not affect the nongeographically
165.25 based risk adjusted rates established under section 62Q.03,
165.26 subdivision 5a, paragraph (f).
165.27 Sec. 25. Minnesota Statutes 1999 Supplement, section
165.28 256B.69, subdivision 5c, is amended to read:
165.29 Subd. 5c. [MEDICAL EDUCATION AND RESEARCH FUND.] (a)
165.30 Beginning in January 1999 and each year thereafter:
165.31 (1) the commissioner of human services shall transfer an
165.32 amount equal to the reduction in the prepaid medical assistance
165.33 and prepaid general assistance medical care payments resulting
165.34 from clause (2), excluding nursing facility and elderly waiver
165.35 payments and demonstration projects operating under subdivision
165.36 23, to the medical education and research fund established under
166.1 section 62J.692;
166.2 (2) until January 1, 2002, the county medical assistance
166.3 and general assistance medical care capitation base rate prior
166.4 to plan specific adjustments and after the regional rate
166.5 adjustments under section 256B.69, subdivision 5b, shall be
166.6 reduced 6.3 percent for Hennepin county, two percent for the
166.7 remaining metropolitan counties, and no reduction for
166.8 nonmetropolitan Minnesota counties; and after January 1, 2002,
166.9 the county medical assistance and general assistance medical
166.10 care capitation base rate prior to plan specific adjustments
166.11 shall be reduced 6.3 percent for Hennepin county, two percent
166.12 for the remaining metropolitan counties, and 1.6 percent for
166.13 nonmetropolitan Minnesota counties; and
166.14 (3) the amount calculated under clause (1) shall not be
166.15 adjusted for subsequent changes to the capitation payments for
166.16 periods already paid.
166.17 (b) This subdivision shall be effective upon approval of a
166.18 federal waiver which allows federal financial participation in
166.19 the medical education and research fund.
166.20 Sec. 26. Minnesota Statutes 1998, section 256B.69,
166.21 subdivision 5d, is amended to read:
166.22 Subd. 5d. [MODIFICATION OF PAYMENT DATES EFFECTIVE JANUARY
166.23 1, 2001.] Effective for services rendered on or after January 1,
166.24 2001, capitation payments under this section and under section
166.25 256D.03 for services provided in the month of June shall be made
166.26 no earlier than the first day after the month of service.
166.27 Sec. 27. Minnesota Statutes 1998, section 256L.05,
166.28 subdivision 5, is amended to read:
166.29 Subd. 5. [AVAILABILITY OF PRIVATE INSURANCE.] The
166.30 commissioner, in consultation with the commissioners of health
166.31 and commerce, shall provide information regarding the
166.32 availability of private health insurance coverage and the
166.33 possibility of disenrollment under section 256L.07, subdivision
166.34 1, paragraphs (b) and (c), to all: (1) families and individuals
166.35 enrolled in the MinnesotaCare program whose gross family income
166.36 is equal to or more than 200 225 percent of the federal poverty
167.1 guidelines; and (2) single adults and households without
167.2 children enrolled in the MinnesotaCare program whose gross
167.3 family income is equal to or more than 165 percent of the
167.4 federal poverty guidelines. This information must be provided
167.5 upon initial enrollment and annually thereafter. The
167.6 commissioner shall also include information regarding the
167.7 availability of private health insurance coverage in the notice
167.8 of ineligibility provided to persons subject to disenrollment
167.9 under section 256L.07, subdivision 1, paragraphs (b) and (c).
167.10 Sec. 28. Laws 1997, chapter 225, article 4, section 4, as
167.11 amended by Laws 1999, chapter 245, article 4, section 104, is
167.12 amended to read:
167.13 Sec. 4. [SENIOR PRESCRIPTION DRUG PROGRAM.]
167.14 The commissioner shall report to the legislature the
167.15 estimated costs of the senior prescription drug program without
167.16 funding caps. The report shall be included as part of the
167.17 November and February forecasts.
167.18 The commissioner of finance shall annually reimburse the
167.19 general fund with health care access funds for the estimated
167.20 increased costs in the QMB/SLMB program directly associated with
167.21 the senior prescription drug program. This reimbursement shall
167.22 sunset June 30, 2001.
167.23 Sec. 29. Laws 1999, chapter 245, article 1, section 2,
167.24 subdivision 8, is amended to read:
167.25 Subd. 8. Continuing Care and
167.26 Community Support Grants
167.27 General 1,174,195,000 1,259,767,000
167.28 Lottery Prize 1,158,000 1,158,000
167.29 The amounts that may be spent from this
167.30 appropriation for each purpose are as
167.31 follows:
167.32 (a) Community Social Services
167.33 Block Grants
167.34 42,597,000 43,498,000
167.35 [CSSA TRADITIONAL APPROPRIATION.]
167.36 Notwithstanding Minnesota Statutes,
167.37 section 256E.06, subdivisions 1 and 2,
167.38 the appropriations available under that
167.39 section in fiscal years 2000 and 2001
167.40 must be distributed to each county
167.41 proportionately to the aid received by
168.1 the county in calendar year 1998. The
168.2 commissioner, in consultation with
168.3 counties, shall study the formula
168.4 limitations in subdivision 2 of that
168.5 section, and report findings and any
168.6 recommendations for revision of the
168.7 CSSA formula and its formula limitation
168.8 provisions to the legislature by
168.9 January 15, 2000.
168.10 (b) Consumer Support Grants
168.11 1,123,000 1,123,000
168.12 (c) Aging Adult Service Grants
168.13 7,965,000 7,765,000
168.14 [LIVING-AT-HOME/BLOCK NURSE PROGRAM.]
168.15 Of the general fund appropriation,
168.16 $120,000 in fiscal year 2000 and
168.17 $120,000 in fiscal year 2001 is for the
168.18 commissioner to provide funding to six
168.19 additional living-at-home/block nurse
168.20 programs. This appropriation shall
168.21 become part of the base for the
168.22 2002-2003 biennium.
168.23 [MINNESOTA SENIOR SERVICE CORPS.] Of
168.24 this appropriation, $160,000 for the
168.25 biennium is from the general fund to
168.26 the commissioner for the following
168.27 purposes:
168.28 (a) $40,000 in fiscal year 2000 and
168.29 $40,000 in fiscal year 2001 is to
168.30 increase the hourly stipend by ten
168.31 cents per hour in the foster
168.32 grandparent program, the retired and
168.33 senior volunteer program, and the
168.34 senior companion program.
168.35 (b) $40,000 in fiscal year 2000 and
168.36 $40,000 in fiscal year 2001 is for a
168.37 grant to the tri-valley opportunity
168.38 council in Crookston to expand services
168.39 in the ten-county area of northwestern
168.40 Minnesota.
168.41 (c) This appropriation shall become
168.42 part of the base for the 2002-2003
168.43 biennium.
168.44 [HEALTH INSURANCE COUNSELING.] Of this
168.45 appropriation, $100,000 in fiscal year
168.46 2000 and $100,000 in fiscal year 2001
168.47 is from the general fund to the
168.48 commissioner to transfer to the board
168.49 on aging for the purpose of awarding
168.50 health insurance counseling and
168.51 assistance grants to the area agencies
168.52 on aging providing state-funded health
168.53 insurance counseling services. Access
168.54 to health insurance counseling programs
168.55 shall be provided by the senior linkage
168.56 line service of the board on aging and
168.57 the area agencies on aging. The board
168.58 on aging shall explore opportunities
168.59 for obtaining alternative funding from
168.60 nonstate sources, including
168.61 contributions from individuals seeking
169.1 health insurance counseling services.
169.2 This is a one-time appropriation and
169.3 shall not become part of base level
169.4 funding for this activity for the
169.5 2002-2003 biennium.
169.6 (d) Deaf and Hard-of-Hearing
169.7 Services Grants
169.8 1,859,000 1,760,000
169.9 [SERVICES TO DEAF PERSONS WITH MENTAL
169.10 ILLNESS.] Of this appropriation,
169.11 $100,000 each year is to the
169.12 commissioner for a grant to a nonprofit
169.13 agency that currently serves deaf and
169.14 hard-of-hearing adults with mental
169.15 illness through residential programs
169.16 and supported housing outreach. The
169.17 grant must be used to operate a
169.18 community support program for persons
169.19 with mental illness that is
169.20 communicatively accessible for persons
169.21 who are deaf or hard-of-hearing. This
169.22 is a one-time appropriation and shall
169.23 not become part of base level funding
169.24 for this activity for the 2002-2003
169.25 biennium.
169.26 [DEAF-BLIND ORIENTATION AND MOBILITY
169.27 SERVICES.] Of this appropriation,
169.28 $120,000 for the biennium is to the
169.29 commissioner for a grant to DeafBlind
169.30 Services Minnesota to hire an
169.31 orientation and, mobility, and
169.32 deaf-blind specialist to work with
169.33 deaf-blind people and for related
169.34 costs. The specialist will provide
169.35 services to deaf-blind Minnesotans, and
169.36 training to teachers and rehabilitation
169.37 counselors, on a statewide basis. This
169.38 is a one-time appropriation and shall
169.39 not become part of base level funding
169.40 for this activity for the 2002-2003
169.41 biennium. Notwithstanding section 13,
169.42 this paragraph expires on June 30, 2003.
169.43 (e) Mental Health Grants
169.44 General 45,169,000 46,528,000
169.45 Lottery Prize 1,158,000 1,158,000
169.46 [CRISIS HOUSING.] Of the general fund
169.47 appropriation, $126,000 in fiscal year
169.48 2000 and $150,000 in fiscal year 2001
169.49 is to the commissioner for the adult
169.50 mental illness crisis housing
169.51 assistance program under Minnesota
169.52 Statutes, section 245.99. This
169.53 appropriation shall become part of the
169.54 base for the 2002-2003 biennium.
169.55 [ADOLESCENT COMPULSIVE GAMBLING GRANT.]
169.56 $150,000 in fiscal year 2000 and
169.57 $150,000 in fiscal year 2001 is
169.58 appropriated from the lottery prize
169.59 fund created under Minnesota Statutes,
169.60 section 349A.10, subdivision 2, to the
169.61 commissioner for the purposes of a
169.62 grant to a compulsive gambling council
170.1 located in St. Louis county for a
170.2 statewide compulsive gambling
170.3 prevention and education project for
170.4 adolescents.
170.5 (f) Developmental Disabilities
170.6 Community Support Grants
170.7 9,323,000 10,958,000
170.8 [CRISIS INTERVENTION PROJECT.] Of this
170.9 appropriation, $40,000 in fiscal year
170.10 2000 is to the commissioner for the
170.11 action, support, and prevention project
170.12 of southeastern Minnesota.
170.13 [SILS FUNDING.] Of this appropriation,
170.14 $1,000,000 each year is for
170.15 semi-independent living services under
170.16 Minnesota Statutes, section 252.275.
170.17 This appropriation must be added to the
170.18 base level funding for this activity
170.19 for the 2002-2003 biennium. Unexpended
170.20 funds for fiscal year 2000 do not
170.21 cancel but are available to the
170.22 commissioner for this purpose in fiscal
170.23 year 2001.
170.24 [FAMILY SUPPORT GRANTS.] Of this
170.25 appropriation, $1,000,000 in fiscal
170.26 year 2000 and $2,500,000 in fiscal year
170.27 2001 is to increase the availability of
170.28 family support grants under Minnesota
170.29 Statutes, section 252.32. This
170.30 appropriation must be added to the base
170.31 level funding for this activity for the
170.32 2002-2003 biennium. Unexpended funds
170.33 for fiscal year 2000 do not cancel but
170.34 are available to the commissioner for
170.35 this purpose in fiscal year 2001.
170.36 (g) Medical Assistance Long-Term
170.37 Care Waivers and Home Care
170.38 349,052,000 414,240,000
170.39 [PROVIDER RATE INCREASES.] (a) The
170.40 commissioner shall increase
170.41 reimbursement rates by four percent the
170.42 first year of the biennium and by three
170.43 5.9 percent the second year for the
170.44 providers listed in paragraph (b). The
170.45 increases shall be effective for
170.46 services rendered on or after July 1 of
170.47 each year.
170.48 (b) The rate increases described in
170.49 this section shall be provided to home
170.50 and community-based waivered services
170.51 for persons with mental retardation or
170.52 related conditions under Minnesota
170.53 Statutes, section 256B.501; home and
170.54 community-based waivered services for
170.55 the elderly under Minnesota Statutes,
170.56 section 256B.0915; waivered services
170.57 under community alternatives for
170.58 disabled individuals under Minnesota
170.59 Statutes, section 256B.49; community
170.60 alternative care waivered services
170.61 under Minnesota Statutes, section
170.62 256B.49; traumatic brain injury
171.1 waivered services under Minnesota
171.2 Statutes, section 256B.49; nursing
171.3 services and home health services under
171.4 Minnesota Statutes, section 256B.0625,
171.5 subdivision 6a; personal care services
171.6 and nursing supervision of personal
171.7 care services under Minnesota Statutes,
171.8 section 256B.0625, subdivision 19a;
171.9 private-duty nursing services under
171.10 Minnesota Statutes, section 256B.0625,
171.11 subdivision 7; day training and
171.12 habilitation services for adults with
171.13 mental retardation or related
171.14 conditions under Minnesota Statutes,
171.15 sections 252.40 to 252.46; alternative
171.16 care services under Minnesota Statutes,
171.17 section 256B.0913; adult residential
171.18 program grants under Minnesota Rules,
171.19 parts 9535.2000 to 9535.3000; adult and
171.20 family community support grants under
171.21 Minnesota Rules, parts 9535.1700 to
171.22 9535.1760; semi-independent living
171.23 services under Minnesota Statutes,
171.24 section 252.275, including SILS funding
171.25 under county social services grants
171.26 formerly funded under Minnesota
171.27 Statutes, chapter 256I; and community
171.28 support services for deaf and
171.29 hard-of-hearing adults with mental
171.30 illness who use or wish to use sign
171.31 language as their primary means of
171.32 communication.
171.33 (c) The commissioner shall increase
171.34 reimbursement rates by two percent for
171.35 the group residential housing
171.36 supplementary service rate under
171.37 Minnesota Statutes, section 256I.05,
171.38 subdivision 1a, for services rendered
171.39 on or after January 1, 2000.
171.40 (d) Providers that receive a rate
171.41 increase under this section shall use
171.42 at least 80 percent of the additional
171.43 revenue the first year to increase the
171.44 compensation paid to employees other
171.45 than the administrator and central
171.46 office staff. In the second year,
171.47 providers must use the additional
171.48 revenue as follows:
171.49 (1) at least 41 percent to increase the
171.50 compensation paid to employees other
171.51 than the administrator and central
171.52 office staff;
171.53 (2) at least 49 percent to increase the
171.54 per-hour pay rate of all employees
171.55 other than the administrator and
171.56 central office staff by an equal dollar
171.57 amount and to pay associated costs for
171.58 FICA, the Medicare tax, workers'
171.59 compensation premiums, and federal and
171.60 state unemployment insurance. For
171.61 public employees, the portion of this
171.62 increase reserved to increase the
171.63 per-hour pay rate for certain staff by
171.64 an equal dollar amount shall be
171.65 available and pay rates shall be
171.66 increased only to the extent that they
171.67 comply with laws governing public
172.1 employees collective bargaining. Money
172.2 received by a provider as a result of
172.3 the additional rate increase described
172.4 in this clause shall be used only for
172.5 wage increases implemented on or after
172.6 July 1, 2000, and shall not be used for
172.7 wage increases implemented prior to
172.8 that date; and
172.9 (3) up to ten percent for other
172.10 purposes.
172.11 (e) A copy of the provider's plan for
172.12 complying with paragraph (d) must be
172.13 made available to all employees. This
172.14 must be done by giving each employee a
172.15 copy or by posting it in an area of the
172.16 provider's operation to which all
172.17 employees have access. If an employee
172.18 does not receive the salary adjustment
172.19 described in the plan and is unable to
172.20 resolve the problem with the provider,
172.21 the employee may contact the employee's
172.22 union representative. If the employee
172.23 is not covered by a collective
172.24 bargaining agreement, the employee may
172.25 contact the commissioner at a phone
172.26 number provided by the commissioner and
172.27 included in the provider's plan.
172.28 (f) Section 13, sunset of uncodified
172.29 language, does not apply to this
172.30 provision.
172.31 [DEVELOPMENTAL DISABILITIES WAIVER
172.32 SLOTS.] Of this appropriation,
172.33 $1,746,000 in fiscal year 2000 and
172.34 $4,683,000 in fiscal year 2001 is to
172.35 increase the availability of home and
172.36 community-based waiver services for
172.37 persons with mental retardation or
172.38 related conditions.
172.39 (h) Medical Assistance Long-Term
172.40 Care Facilities
172.41 546,228,000 558,349,000
172.42 [MORATORIUM EXCEPTIONS.] Of this
172.43 appropriation, $250,000 in fiscal year
172.44 2000 and $250,000 in fiscal year 2001
172.45 is from the general fund to the
172.46 commissioner for the medical assistance
172.47 costs of moratorium exceptions approved
172.48 by the commissioner of health under
172.49 Minnesota Statutes, section 144A.073.
172.50 Unexpended money appropriated for
172.51 fiscal year 2000 shall not cancel but
172.52 shall be available for fiscal year 2001.
172.53 [NURSING FACILITY OPERATED BY THE RED
172.54 LAKE BAND OF CHIPPEWA INDIANS.] (1) The
172.55 medical assistance payment rates for
172.56 the 47-bed nursing facility operated by
172.57 the Red Lake Band of Chippewa Indians
172.58 must be calculated according to
172.59 allowable reimbursement costs under the
172.60 medical assistance program, as
172.61 specified in Minnesota Statutes,
172.62 section 246.50, and are subject to the
172.63 facility-specific Medicare upper limits.
173.1 (2) In addition, the commissioner shall
173.2 make available an operating payment
173.3 rate adjustment effective July 1, 1999,
173.4 and July 1, 2000, that is equal to the
173.5 adjustment provided under Minnesota
173.6 Statutes, section 256B.431, subdivision
173.7 28. The commissioner must use the
173.8 facility's final 1998 and 1999 Medicare
173.9 cost reports, respectively, to
173.10 calculate the adjustment. The
173.11 adjustment shall be available based on
173.12 a plan submitted and approved according
173.13 to Minnesota Statutes, section
173.14 256B.431, subdivision 28. Section 13,
173.15 sunset of uncodified language, does not
173.16 apply to this paragraph.
173.17 [COSTS RELATED TO FACILITY
173.18 CERTIFICATION.] Of this appropriation,
173.19 $168,000 is for the costs of providing
173.20 one-half the state share of medical
173.21 assistance reimbursement for
173.22 residential and day habilitation
173.23 services under article 3, section 39.
173.24 This amount is available the day
173.25 following final enactment.
173.26 (i) Alternative Care Grants
173.27 General 60,873,000 59,981,000
173.28 [ALTERNATIVE CARE TRANSFER.] Any money
173.29 allocated to the alternative care
173.30 program that is not spent for the
173.31 purposes indicated does not cancel but
173.32 shall be transferred to the medical
173.33 assistance account.
173.34 [PREADMISSION SCREENING AMOUNT.] The
173.35 preadmission screening payment to all
173.36 counties shall continue at the payment
173.37 amount in effect for fiscal year 1999.
173.38 [ALTERNATIVE CARE APPROPRIATION.] The
173.39 commissioner may expend the money
173.40 appropriated for the alternative care
173.41 program for that purpose in either year
173.42 of the biennium.
173.43 (j) Group Residential Housing
173.44 General 66,477,000 70,390,000
173.45 [GROUP RESIDENTIAL FACILITY FOR WOMEN
173.46 IN RAMSEY COUNTY.] (a) Notwithstanding
173.47 Minnesota Statutes 1998, section
173.48 256I.05, subdivision 1d, the new 23-bed
173.49 group residential facility for women in
173.50 Ramsey county, with approval by the
173.51 county agency, may negotiate a
173.52 supplementary service rate in addition
173.53 to the board and lodging rate for
173.54 facilities licensed and registered by
173.55 the Minnesota department of health
173.56 under Minnesota Statutes, section
173.57 15.17. The supplementary service rate
173.58 shall not exceed $564 per person per
173.59 month and the total rate may not exceed
173.60 $1,177 per person per month.
173.61 (b) Of the general fund appropriation,
174.1 $19,000 in fiscal year 2000 and $38,000
174.2 in fiscal year 2001 is to the
174.3 commissioner for the costs associated
174.4 with paragraph (a). This appropriation
174.5 shall become part of the base for the
174.6 2002-2003 biennium.
174.7 (k) Chemical Dependency
174.8 Entitlement Grants
174.9 General 36,751,000 38,847,000
174.10 (l) Chemical Dependency
174.11 Nonentitlement Grants
174.12 General 6,778,000 6,328,000
174.13 [CHEMICAL DEPENDENCY SERVICES.] Of this
174.14 appropriation, $450,000 in fiscal year
174.15 2000 is to the commissioner for
174.16 chemical dependency services to persons
174.17 who qualify under Minnesota Statutes,
174.18 section 254B.04, subdivision 1,
174.19 paragraph (b).
174.20 Sec. 30. Laws 1999, chapter 245, article 10, section 10,
174.21 is amended to read:
174.22 Sec. 10. [REPEALER.]
174.23 (a) Minnesota Statutes 1998, section 256.973, is
174.24 repealed effective June 30, 2001 2002.
174.25 (b) Laws 1997, chapter 225, article 6, section 8, is
174.26 repealed.
174.27 Sec. 31. [EMPLOYER-BASED HEALTH INSURANCE.]
174.28 Subdivision 1. [FEDERAL MATCHING FUNDS.] The commissioner
174.29 of human services shall determine requirements necessary to
174.30 obtain federal matching funds for payment of a direct subsidy
174.31 for the employee share of employer-based health care coverage
174.32 that is available to dependent children of employees with
174.33 household incomes that do not exceed 200 percent of the federal
174.34 poverty guidelines.
174.35 Subd. 2. [REPORT.] The commissioner shall report to the
174.36 legislature by January 15, 2001, on the parameters and status of
174.37 the federal requirements described in subdivision 1, after
174.38 consultation with the commissioners of health and commerce and
174.39 with representatives of large and small employers, including
174.40 rural business purchasing alliances. In the report, the
174.41 commissioner shall make recommendations on how best to provide
174.42 direct subsidies for employer-based health care coverage for
175.1 dependent children of employees with household incomes that do
175.2 not exceed 200 percent of the federal poverty guidelines. The
175.3 commissioner shall report the optimal way to meet the needs of
175.4 the dependent children in a manner that does not: (1) require
175.5 modifications to existing or future employer-based health care
175.6 coverage; or (2) create incentives for employers to utilize
175.7 publicly subsidized health care.
175.8 Sec. 32. [INFORMATION ON PRESCRIPTION DRUG PATIENT
175.9 ASSISTANCE AND COST SAVINGS PROGRAMS.]
175.10 The commissioner of human services must work with the board
175.11 of medical practice, organizations representing pharmaceutical
175.12 manufacturers, and organizations representing pharmacies, to
175.13 develop a strategy to provide information to all physicians and
175.14 pharmacists on prescription drug patient assistance programs and
175.15 cost savings opportunities offered by pharmaceutical
175.16 manufacturers. Any strategy developed must provide physicians
175.17 and pharmacists with regular updates on prescription drug
175.18 patient assistance programs and cost savings opportunities and
175.19 be implemented without cost to physicians, pharmacists, or the
175.20 state.
175.21 Sec. 33. [TASK FORCE EXTENDED; REPORT.]
175.22 The day training and habilitation task force established
175.23 under Laws 1999, chapter 152, shall be extended to June 15,
175.24 2001. The task force shall present a report recommending a new
175.25 payment rate schedule for day training and habilitation services
175.26 to the legislature by January 15, 2001.
175.27 EFFECTIVE DATE: This section is effective the day
175.28 following final enactment.
175.29 Sec. 34. [RESPITE CARE FOR FAMILY ADULT FOSTER CARE
175.30 PROVIDERS.]
175.31 The commissioner of human services, in consultation with
175.32 affected groups, including counties, family adult foster care
175.33 providers, guardians and family members, and advocacy agencies,
175.34 shall develop legislative proposals, including cost projections,
175.35 to provide 30 days of respite care per year for family adult
175.36 foster care providers. The proposals must include funding
176.1 options that rely upon federal and state funding. The
176.2 commissioner shall provide the legislative proposals and cost
176.3 projections to the chairs of the house health and human services
176.4 policy committee, the house health and human services finance
176.5 committee, the senate health and family security policy
176.6 committee, and the senate health and family security budget
176.7 division, by December 1, 2000.
176.8 Sec. 35. [MEDICAL EDUCATION DISTRIBUTION FORMULA STUDY.]
176.9 The commissioner of health shall convene a group of
176.10 stakeholders that includes representatives of teaching programs
176.11 and training sites throughout the state and members of the
176.12 medical education and research advisory committee for the
176.13 purpose of evaluating the appropriateness of the current
176.14 distribution formula and considering alternatives for allocating
176.15 the amount transferred in accordance with Minnesota Statutes,
176.16 section 256B.69, subdivision 5c. The commissioner shall report
176.17 the findings and recommendations of this group to the
176.18 legislature by January 15, 2001.
176.19 Sec. 36. [INSTRUCTION TO REVISOR.]
176.20 (a) The revisor of statutes shall change the phrase "senior
176.21 citizen drug program" wherever it appears in the next edition of
176.22 Minnesota Statutes and Minnesota Rules to "prescription drug
176.23 program."
176.24 (b) The revisor, in the next edition of Minnesota Statutes,
176.25 shall recodify section 256.9751 as section 256.9731, and make
176.26 any necessary changes in cross-references.
176.27 Sec. 37. [INCONSISTENT AMENDMENTS.]
176.28 The amendments to Minnesota Statutes, section 256B.501,
176.29 subdivision 13, in section 10 prevail over the amendments to
176.30 that section in 2000 H.F. No. 3557, if enacted.
176.31 ARTICLE 10
176.32 HUMAN SERVICES ASSISTANCE PROGRAM MODIFICATIONS
176.33 Section 1. Minnesota Statutes 1999 Supplement, section
176.34 119B.011, subdivision 15, is amended to read:
176.35 Subd. 15. [INCOME.] "Income" means earned or unearned
176.36 income received by all family members, including public
177.1 assistance cash benefits and at-home infant care subsidy
177.2 payments, unless specifically excluded and child support and
177.3 maintenance distributed to the family under section 256.741,
177.4 subdivision 15. The following are excluded from income: funds
177.5 used to pay for health insurance premiums for family members,
177.6 Supplemental Security Income, scholarships, work-study income,
177.7 and grants that cover costs or reimbursement for tuition, fees,
177.8 books, and educational supplies; student loans for tuition,
177.9 fees, books, supplies, and living expenses; state and federal
177.10 earned income tax credits; in-kind income such as food stamps,
177.11 energy assistance, foster care assistance, medical assistance,
177.12 child care assistance, and housing subsidies; earned income of
177.13 full or part-time students, who have not earned a high school
177.14 diploma or GED high school equivalency diploma including
177.15 earnings from summer employment; grant awards under the family
177.16 subsidy program; nonrecurring lump sum income only to the extent
177.17 that it is earmarked and used for the purpose for which it is
177.18 paid; and any income assigned to the public authority according
177.19 to section 256.74 or 256.741.
177.20 EFFECTIVE DATE: This section is effective January 1, 2001.
177.21 Sec. 2. Minnesota Statutes 1998, section 256.01, is
177.22 amended by adding a subdivision to read:
177.23 Subd. 18. [IMMIGRATION STATUS
177.24 VERIFICATIONS.] Notwithstanding any waiver of this requirement
177.25 by the secretary of the United States Department of Health and
177.26 Human Services, effective July 1, 2001, the commissioner shall
177.27 utilize the Systematic Alien Verification for Entitlements
177.28 (SAVE) program to conduct immigration status verifications:
177.29 (1) as required under United States Code, title 8, section
177.30 1642;
177.31 (2) for all applicants for food assistance benefits,
177.32 whether under the federal food stamp program, the MFIP or work
177.33 first program, or the Minnesota food assistance program;
177.34 (3) for all applicants for general assistance medical care,
177.35 except assistance for an emergency medical condition, for
177.36 immunization with respect to an immunizable disease, or for
178.1 testing and treatment of symptoms of a communicable disease; and
178.2 (4) for all applicants for general assistance, Minnesota
178.3 supplemental aid, MinnesotaCare, or group residential housing,
178.4 when the benefits provided by these programs would fall under
178.5 the definition of "federal public benefit" under United States
178.6 Code, title 8, section 1642, if federal funds were used to pay
178.7 for all or part of the benefits.
178.8 The commissioner shall report to the Immigration and
178.9 Naturalization Service all undocumented persons who have been
178.10 identified through application verification procedures or by the
178.11 self-admission of an applicant for assistance. Reports made
178.12 under this subdivision must comply with the requirements of
178.13 section 411A of the Social Security Act, as amended, and United
178.14 States Code, title 8, section 1644.
178.15 Sec. 3. Minnesota Statutes 1999 Supplement, section
178.16 256.019, is amended to read:
178.17 256.019 [RECOVERY OF MONEY; APPORTIONMENT.]
178.18 Subdivision 1. [RETENTION RATES.] When an assistance
178.19 recovery amount is recovered from any source for assistance
178.20 given collected and posted by a county agency under the
178.21 provisions governing public assistance programs including the
178.22 aid to families with dependent children program formerly
178.23 codified in sections 256.72 to 256.87, MFIP, general assistance
178.24 medical care, emergency assistance, general assistance, and
178.25 Minnesota supplemental aid, the county may keep one-half of the
178.26 recovery made by the county agency using any method other than
178.27 recoupment. For medical assistance, if the recovery is made by
178.28 a county agency using any method other than recoupment, the
178.29 county may keep one-half of the nonfederal share of the recovery.
178.30 This does not apply to recoveries from medical providers or
178.31 to recoveries begun by the department of human services'
178.32 surveillance and utilization review division, state hospital
178.33 collections unit, and the benefit recoveries division or, by the
178.34 attorney general's office, or child support collections. In the
178.35 food stamp program, the nonfederal share of recoveries in the
178.36 federal tax refund offset program (FTROP) only will be divided
179.1 equally between the state agency and the involved county agency.
179.2 Subd. 2. [RETENTION RATES FOR AFDC AND MFIP.] (a) When an
179.3 assistance recovery amount is collected and posted by a county
179.4 agency under the provisions governing the aid to families with
179.5 dependent children program formerly codified in 1996 in sections
179.6 256.72 to 256.87 or MFIP under chapter 256J, the commissioner
179.7 shall reimburse the county agency from the proceeds of the
179.8 recovery using the applicable rate specified in paragraph (b) or
179.9 (c).
179.10 (b) For recoveries of overpayments made on or before
179.11 September 30, 1996, from the aid to families with dependent
179.12 children program including the emergency assistance program, the
179.13 commissioner shall reimburse the county agency at a rate of
179.14 one-quarter of the recovery made by any method other than
179.15 recoupment.
179.16 (c) For recoveries of overpayments made after September 30,
179.17 1996, from the aid to families with dependent children including
179.18 the emergency assistance program and programs funded in whole or
179.19 in part by the temporary assistance to needy families program
179.20 under section 256J.02, subdivision 2, and recoveries of
179.21 nonfederally funded food assistance under section 256J.11, the
179.22 commissioner shall reimburse the county agency at a rate of
179.23 one-quarter of the recovery made by any method other than
179.24 recoupment.
179.25 EFFECTIVE DATE: This section is effective January 1, 2001.
179.26 Sec. 4. Minnesota Statutes 1998, section 256.741, is
179.27 amended by adding a subdivision to read:
179.28 Subd. 15. [CHILD SUPPORT DISTRIBUTION.] The state shall
179.29 distribute current child support and maintenance received by the
179.30 state to an individual who assigns the right to that support
179.31 under subdivision 2, paragraph (a).
179.32 EFFECTIVE DATE: This section is effective January 1, 2001.
179.33 Sec. 5. Minnesota Statutes 1999 Supplement, section
179.34 256D.053, subdivision 1, is amended to read:
179.35 Subdivision 1. [PROGRAM ESTABLISHED.] The Minnesota food
179.36 assistance program is established to provide food assistance to
180.1 legal noncitizens residing in this state who are ineligible to
180.2 participate in the federal Food Stamp Program solely due to the
180.3 provisions of section 402 or 403 of Public Law Number 104-193,
180.4 as authorized by Title VII of the 1997 Emergency Supplemental
180.5 Appropriations Act, Public Law Number 105-18, and as amended by
180.6 Public Law Number 105-185.
180.7 Beginning July 1, 2000 2002, the Minnesota food assistance
180.8 program is limited to those noncitizens described in this
180.9 subdivision who are 50 years of age or older.
180.10 Sec. 6. Minnesota Statutes 1999 Supplement, section
180.11 256J.02, subdivision 2, is amended to read:
180.12 Subd. 2. [USE OF MONEY.] State money appropriated for
180.13 purposes of this section and TANF block grant money must be used
180.14 for:
180.15 (1) financial assistance to or on behalf of any minor child
180.16 who is a resident of this state under section 256J.12;
180.17 (2) employment and training services under this chapter or
180.18 chapter 256K;
180.19 (3) emergency financial assistance and services under
180.20 section 256J.48;
180.21 (4) diversionary assistance under section 256J.47;
180.22 (5) the health care and human services training and
180.23 retention program under chapter 116L, for costs associated with
180.24 families with children with incomes below 200 percent of the
180.25 federal poverty guidelines;
180.26 (6) the pathways program under section 116L.04, subdivision
180.27 1a;
180.28 (7) welfare-to-work extended employment services for MFIP
180.29 participants with severe impairment to employment as defined in
180.30 section 268A.15, subdivision 1a;
180.31 (8) the family homeless prevention and assistance program
180.32 under section 462A.204;
180.33 (9) the rent assistance for family stabilization
180.34 demonstration project under section 462A.205; and
180.35 (10) welfare to work transportation authorized under Public
180.36 Law Number 105-178;
181.1 (11) reimbursements for the federal share of child support
181.2 collections passed through to the custodial parent;
181.3 (12) reimbursements for the working family credit under
181.4 section 290.0671;
181.5 (13) intensive ESL grants under 2000 H.F. No. 3800, article
181.6 1, if enacted;
181.7 (14) transitional housing programs under section 119A.43;
181.8 (15) programs and pilot projects under chapter 256K; and
181.9 (16) program administration under this chapter.
181.10 EFFECTIVE DATE: Clause (11) of this section is effective
181.11 January 1, 2001.
181.12 Sec. 7. Minnesota Statutes 1999 Supplement, section
181.13 256J.08, subdivision 86, is amended to read:
181.14 Subd. 86. [UNEARNED INCOME.] "Unearned income" means
181.15 income received by a person that does not meet the definition of
181.16 earned income. Unearned income includes income from a contract
181.17 for deed, interest, dividends, reemployment compensation,
181.18 disability insurance payments, veterans benefits, pension
181.19 payments, return on capital investment, insurance payments or
181.20 settlements, severance payments, child support and maintenance
181.21 payments, and payments for illness or disability whether the
181.22 premium payments are made in whole or in part by an employer or
181.23 participant.
181.24 EFFECTIVE DATE: This section is effective January 1, 2001.
181.25 Sec. 8. Minnesota Statutes 1999 Supplement, section
181.26 256J.21, subdivision 2, is amended to read:
181.27 Subd. 2. [INCOME EXCLUSIONS.] (a) The following must be
181.28 excluded in determining a family's available income:
181.29 (1) payments for basic care, difficulty of care, and
181.30 clothing allowances received for providing family foster care to
181.31 children or adults under Minnesota Rules, parts 9545.0010 to
181.32 9545.0260 and 9555.5050 to 9555.6265, and payments received and
181.33 used for care and maintenance of a third-party beneficiary who
181.34 is not a household member;
181.35 (2) reimbursements for employment training received through
181.36 the Job Training Partnership Act, United States Code, title 29,
182.1 chapter 19, sections 1501 to 1792b;
182.2 (3) reimbursement for out-of-pocket expenses incurred while
182.3 performing volunteer services, jury duty, employment, or
182.4 informal carpooling arrangements directly related to employment;
182.5 (4) all educational assistance, except the county agency
182.6 must count graduate student teaching assistantships,
182.7 fellowships, and other similar paid work as earned income and,
182.8 after allowing deductions for any unmet and necessary
182.9 educational expenses, shall count scholarships or grants awarded
182.10 to graduate students that do not require teaching or research as
182.11 unearned income;
182.12 (5) loans, regardless of purpose, from public or private
182.13 lending institutions, governmental lending institutions, or
182.14 governmental agencies;
182.15 (6) loans from private individuals, regardless of purpose,
182.16 provided an applicant or participant documents that the lender
182.17 expects repayment;
182.18 (7)(i) state income tax refunds; and
182.19 (ii) federal income tax refunds;
182.20 (8)(i) federal earned income credits;
182.21 (ii) Minnesota working family credits;
182.22 (iii) state homeowners and renters credits under chapter
182.23 290A; and
182.24 (iv) federal or state tax rebates;
182.25 (9) funds received for reimbursement, replacement, or
182.26 rebate of personal or real property when these payments are made
182.27 by public agencies, awarded by a court, solicited through public
182.28 appeal, or made as a grant by a federal agency, state or local
182.29 government, or disaster assistance organizations, subsequent to
182.30 a presidential declaration of disaster;
182.31 (10) the portion of an insurance settlement that is used to
182.32 pay medical, funeral, and burial expenses, or to repair or
182.33 replace insured property;
182.34 (11) reimbursements for medical expenses that cannot be
182.35 paid by medical assistance;
182.36 (12) payments by a vocational rehabilitation program
183.1 administered by the state under chapter 268A, except those
183.2 payments that are for current living expenses;
183.3 (13) in-kind income, including any payments directly made
183.4 by a third party to a provider of goods and services;
183.5 (14) assistance payments to correct underpayments, but only
183.6 for the month in which the payment is received;
183.7 (15) emergency assistance payments;
183.8 (16) funeral and cemetery payments as provided by section
183.9 256.935;
183.10 (17) nonrecurring cash gifts of $30 or less, not exceeding
183.11 $30 per participant in a calendar month;
183.12 (18) any form of energy assistance payment made through
183.13 Public Law Number 97-35, Low-Income Home Energy Assistance Act
183.14 of 1981, payments made directly to energy providers by other
183.15 public and private agencies, and any form of credit or rebate
183.16 payment issued by energy providers;
183.17 (19) Supplemental Security Income, including retroactive
183.18 payments;
183.19 (20) Minnesota supplemental aid, including retroactive
183.20 payments;
183.21 (21) proceeds from the sale of real or personal property;
183.22 (22) adoption assistance payments under section 259.67;
183.23 (23) state-funded family subsidy program payments made
183.24 under section 252.32 to help families care for children with
183.25 mental retardation or related conditions, consumer support grant
183.26 funds under section 256.476, and resources and services for a
183.27 disabled household member under one of the home and
183.28 community-based waiver services programs under chapter 256B;
183.29 (24) interest payments and dividends from property that is
183.30 not excluded from and that does not exceed the asset limit;
183.31 (25) rent rebates;
183.32 (26) income earned by a minor caregiver, minor child
183.33 through age 6, or a minor child who is at least a half-time
183.34 student in an approved elementary or secondary education
183.35 program;
183.36 (27) income earned by a caregiver under age 20 who is at
184.1 least a half-time student in an approved elementary or secondary
184.2 education program;
184.3 (28) MFIP child care payments under section 119B.05;
184.4 (29) all other payments made through MFIP to support a
184.5 caregiver's pursuit of greater self-support;
184.6 (30) income a participant receives related to shared living
184.7 expenses;
184.8 (31) reverse mortgages;
184.9 (32) benefits provided by the Child Nutrition Act of 1966,
184.10 United States Code, title 42, chapter 13A, sections 1771 to
184.11 1790;
184.12 (33) benefits provided by the women, infants, and children
184.13 (WIC) nutrition program, United States Code, title 42, chapter
184.14 13A, section 1786;
184.15 (34) benefits from the National School Lunch Act, United
184.16 States Code, title 42, chapter 13, sections 1751 to 1769e;
184.17 (35) relocation assistance for displaced persons under the
184.18 Uniform Relocation Assistance and Real Property Acquisition
184.19 Policies Act of 1970, United States Code, title 42, chapter 61,
184.20 subchapter II, section 4636, or the National Housing Act, United
184.21 States Code, title 12, chapter 13, sections 1701 to 1750jj;
184.22 (36) benefits from the Trade Act of 1974, United States
184.23 Code, title 19, chapter 12, part 2, sections 2271 to 2322;
184.24 (37) war reparations payments to Japanese Americans and
184.25 Aleuts under United States Code, title 50, sections 1989 to
184.26 1989d;
184.27 (38) payments to veterans or their dependents as a result
184.28 of legal settlements regarding Agent Orange or other chemical
184.29 exposure under Public Law Number 101-239, section 10405,
184.30 paragraph (a)(2)(E);
184.31 (39) income that is otherwise specifically excluded from
184.32 MFIP consideration in federal law, state law, or federal
184.33 regulation;
184.34 (40) security and utility deposit refunds;
184.35 (41) American Indian tribal land settlements excluded under
184.36 Public Law Numbers 98-123, 98-124, and 99-377 to the Mississippi
185.1 Band Chippewa Indians of White Earth, Leech Lake, and Mille Lacs
185.2 reservations and payments to members of the White Earth Band,
185.3 under United States Code, title 25, chapter 9, section 331, and
185.4 chapter 16, section 1407;
185.5 (42) all income of the minor parent's parents and
185.6 stepparents when determining the grant for the minor parent in
185.7 households that include a minor parent living with parents or
185.8 stepparents on MFIP with other children; and
185.9 (43) income of the minor parent's parents and stepparents
185.10 equal to 200 percent of the federal poverty guideline for a
185.11 family size not including the minor parent and the minor
185.12 parent's child in households that include a minor parent living
185.13 with parents or stepparents not on MFIP when determining the
185.14 grant for the minor parent. The remainder of income is deemed
185.15 as specified in section 256J.37, subdivision 1b;
185.16 (44) payments made to children eligible for relative
185.17 custody assistance under section 257.85;
185.18 (45) vendor payments for goods and services made on behalf
185.19 of a client unless the client has the option of receiving the
185.20 payment in cash; and
185.21 (46) the principal portion of a contract for deed payment.
185.22 Sec. 9. Minnesota Statutes 1998, section 256J.32, is
185.23 amended by adding a subdivision to read:
185.24 Subd. 7a. [REQUIREMENT TO REPORT TO IMMIGRATION AND
185.25 NATURALIZATION SERVICES.] Notwithstanding subdivision 7,
185.26 effective July 1, 2001, the commissioner shall report to the
185.27 Immigration and Naturalization Services all undocumented persons
185.28 who have been identified through application verification
185.29 procedures or by the self-admission of an applicant for
185.30 assistance. Reports made under this subdivision must comply
185.31 with the requirements of section 411A of the Social Security
185.32 Act, as amended, and United States Code, title 8, section 1644.
185.33 Sec. 10. Minnesota Statutes 1999 Supplement, section
185.34 256J.33, subdivision 4, is amended to read:
185.35 Subd. 4. [MONTHLY INCOME TEST.] A county agency must apply
185.36 the monthly income test retrospectively for each month of MFIP
186.1 eligibility. An assistance unit is not eligible when the
186.2 countable income equals or exceeds the MFIP standard of need or
186.3 the family wage level for the assistance unit. The income
186.4 applied against the monthly income test must include:
186.5 (1) gross earned income from employment, prior to mandatory
186.6 payroll deductions, voluntary payroll deductions, wage
186.7 authorizations, and after the disregards in section 256J.21,
186.8 subdivision 4, and the allocations in section 256J.36, unless
186.9 the employment income is specifically excluded under section
186.10 256J.21, subdivision 2;
186.11 (2) gross earned income from self-employment less
186.12 deductions for self-employment expenses in section 256J.37,
186.13 subdivision 5, but prior to any reductions for personal or
186.14 business state and federal income taxes, personal FICA, personal
186.15 health and life insurance, and after the disregards in section
186.16 256J.21, subdivision 4, and the allocations in section 256J.36;
186.17 (3) unearned income after deductions for allowable expenses
186.18 in section 256J.37, subdivision 9, and allocations in section
186.19 256J.36, unless the income has been specifically excluded in
186.20 section 256J.21, subdivision 2;
186.21 (4) gross earned income from employment as determined under
186.22 clause (1) which is received by a member of an assistance unit
186.23 who is a minor child or minor caregiver and less than a
186.24 half-time student;
186.25 (5) child support and spousal support received or
186.26 anticipated to be received by an assistance unit;
186.27 (6) the income of a parent when that parent is not included
186.28 in the assistance unit;
186.29 (7) the income of an eligible relative and spouse who seek
186.30 to be included in the assistance unit; and
186.31 (8) the unearned income of a minor child included in the
186.32 assistance unit.
186.33 EFFECTIVE DATE: This section is effective January 1, 2001.
186.34 Sec. 11. Minnesota Statutes 1999 Supplement, section
186.35 256J.34, subdivision 1, is amended to read:
186.36 Subdivision 1. [PROSPECTIVE BUDGETING.] A county agency
187.1 must use prospective budgeting to calculate the assistance
187.2 payment amount for the first two months for an applicant who has
187.3 not received assistance in this state for at least one payment
187.4 month preceding the first month of payment under a current
187.5 application. Notwithstanding subdivision 3, paragraph (a),
187.6 clause (2), a county agency must use prospective budgeting for
187.7 the first two months for a person who applies to be added to an
187.8 assistance unit. Prospective budgeting is not subject to
187.9 overpayments or underpayments unless fraud is determined under
187.10 section 256.98.
187.11 (a) The county agency must apply the income received or
187.12 anticipated in the first month of MFIP eligibility against the
187.13 need of the first month. The county agency must apply the
187.14 income received or anticipated in the second month against the
187.15 need of the second month.
187.16 (b) When the assistance payment for any part of the first
187.17 two months is based on anticipated income, the county agency
187.18 must base the initial assistance payment amount on the
187.19 information available at the time the initial assistance payment
187.20 is made.
187.21 (c) The county agency must determine the assistance payment
187.22 amount for the first two months of MFIP eligibility by budgeting
187.23 both recurring and nonrecurring income for those two months.
187.24 (d) The county agency must budget the child support income
187.25 received or anticipated to be received by an assistance unit to
187.26 determine the assistance payment amount from the month of
187.27 application through the date in which MFIP eligibility is
187.28 determined and assistance is authorized. Child support income
187.29 which has been budgeted to determine the assistance payment in
187.30 the initial two months is considered nonrecurring income. An
187.31 assistance unit must forward any payment of child support to the
187.32 child support enforcement unit of the county agency following
187.33 the date in which assistance is authorized.
187.34 EFFECTIVE DATE: This section is effective January 1, 2001.
187.35 Sec. 12. Minnesota Statutes 1999 Supplement, section
187.36 256J.34, subdivision 4, is amended to read:
188.1 Subd. 4. [SIGNIFICANT CHANGE IN GROSS INCOME.] The county
188.2 agency must recalculate the assistance payment when an
188.3 assistance unit experiences a significant change, as defined in
188.4 section 256J.08, resulting in a reduction in the gross income
188.5 received in the payment month from the gross income received in
188.6 the budget month. The county agency must issue a supplemental
188.7 assistance payment based on the county agency's best estimate of
188.8 the assistance unit's income and circumstances for the payment
188.9 month. Supplemental assistance payments that result from
188.10 significant changes are limited to two in a 12-month period
188.11 regardless of the reason for the change. Notwithstanding any
188.12 other statute or rule of law, supplementary assistance payments
188.13 shall not be made when the significant change in income is the
188.14 result of receipt of a lump sum, receipt of an extra paycheck,
188.15 business fluctuation in self-employment income, or an assistance
188.16 unit member's participation in a strike or other labor
188.17 action. Supplementary assistance payments due to a significant
188.18 change in the amount of direct support received must not be made
188.19 after the date the assistance unit is required to forward
188.20 support to the child support enforcement unit under subdivision
188.21 1, paragraph (d).
188.22 EFFECTIVE DATE: This section is effective January 1, 2001.
188.23 Sec. 13. Minnesota Statutes 1999 Supplement, section
188.24 256J.37, subdivision 9, is amended to read:
188.25 Subd. 9. [UNEARNED INCOME.] (a) The county agency must
188.26 apply unearned income to the MFIP standard of need. When
188.27 determining the amount of unearned income, the county agency
188.28 must deduct the costs necessary to secure payments of unearned
188.29 income. These costs include legal fees, medical fees, and
188.30 mandatory deductions such as federal and state income taxes.
188.31 (b) Effective January July 1, 2001, the county agency shall
188.32 count $100 of the value of public and assisted rental subsidies
188.33 provided through the Department of Housing and Urban Development
188.34 (HUD) as unearned income. The full amount of the subsidy must
188.35 be counted as unearned income when the subsidy is less than $100.
188.36 (c) The provisions of paragraph (b) shall not apply to MFIP
189.1 participants who are exempt from the employment and training
189.2 services component because they are:
189.3 (i) individuals who are age 60 or older;
189.4 (ii) individuals who are suffering from a professionally
189.5 certified permanent or temporary illness, injury, or incapacity
189.6 which is expected to continue for more than 30 days and which
189.7 prevents the person from obtaining or retaining employment; or
189.8 (iii) caregivers whose presence in the home is required
189.9 because of the professionally certified illness or incapacity of
189.10 another member in the assistance unit, a relative in the
189.11 household, or a foster child in the household.
189.12 (d) The provisions of paragraph (b) shall not apply to an
189.13 MFIP assistance unit where the parental caregiver receives
189.14 supplemental security income.
189.15 Sec. 14. Minnesota Statutes 1998, section 256J.45,
189.16 subdivision 3, is amended to read:
189.17 Subd. 3. [GOOD CAUSE EXEMPTIONS FOR NOT ATTENDING
189.18 ORIENTATION.] (a) The county agency shall not impose the
189.19 sanction under section 256J.46 if it determines that the
189.20 participant has good cause for failing to attend orientation.
189.21 Good cause exists when:
189.22 (1) appropriate child care is not available;
189.23 (2) the participant is ill or injured;
189.24 (3) a family member is ill and needs care by the
189.25 participant that prevents the participant from attending
189.26 orientation. For a caregiver with a child or adult in the
189.27 household who meets the disability or medical criteria for home
189.28 care services under section 256B.0627, subdivision 1, paragraph
189.29 (c) or a home and community-based waiver services program under
189.30 chapter 256B, or meets the criteria for severe emotional
189.31 disturbance under section 245.4871, subdivision 6, or for
189.32 serious and persistent mental illness under section 245.462,
189.33 subdivision 20, paragraph (c), good cause also exists when an
189.34 interruption in the provision of those services occurs which
189.35 prevents the participant from attending orientation;
189.36 (4) the caregiver is unable to secure necessary
190.1 transportation;
190.2 (5) the caregiver is in an emergency situation that
190.3 prevents orientation attendance;
190.4 (6) the orientation conflicts with the caregiver's work,
190.5 training, or school schedule; or
190.6 (7) the caregiver documents other verifiable impediments to
190.7 orientation attendance beyond the caregiver's control.
190.8 (b) Counties must work with clients to provide child care
190.9 and transportation necessary to ensure a caregiver has every
190.10 opportunity to attend orientation.
190.11 Sec. 15. Minnesota Statutes 1998, section 256J.47,
190.12 subdivision 1, is amended to read:
190.13 Subdivision 1. [ELIGIBILITY.] A family is eligible to
190.14 receive diversionary assistance once every 36 12 months if:
190.15 (1) a family member has resided in this state for at least
190.16 30 days;
190.17 (2) the caregiver provides verification that the caregiver
190.18 has either experienced an unexpected occurrence that makes it
190.19 impossible to retain or obtain employment or the caregiver has a
190.20 temporary loss of income, which is not due to refusing to accept
190.21 or terminating suitable employment as defined in section
190.22 256J.49, without good cause under section 256J.57, resulting in
190.23 an emergency;
190.24 (3) the caregiver is at risk of MFIP-S eligibility if
190.25 diversionary assistance is not provided and household income is
190.26 below 140 200 percent of the federal poverty guidelines; and
190.27 (4) the diversionary assistance will resolve the emergency
190.28 and divert the family from applying for MFIP-S.
190.29 For purposes of this section, diversionary assistance means
190.30 a one-time lump-sum payment to an individual or third-party
190.31 vendor to prevent long-term receipt of public assistance.
190.32 Sec. 16. Minnesota Statutes 1998, section 256J.49,
190.33 subdivision 13, is amended to read:
190.34 Subd. 13. [WORK ACTIVITY.] "Work activity" means any
190.35 activity in a participant's approved employment plan that is
190.36 tied to the participant's employment goal. For purposes of the
191.1 MFIP-S MFIP program, any activity that is included in a
191.2 participant's approved employment plan meets the definition of
191.3 work activity as counted under the federal participation
191.4 standards. Work activity includes, but is not limited to:
191.5 (1) unsubsidized employment;
191.6 (2) subsidized private sector or public sector employment,
191.7 including grant diversion as specified in section 256J.69;
191.8 (3) work experience, including CWEP as specified in section
191.9 256J.67, and including work associated with the refurbishing of
191.10 publicly assisted housing if sufficient private sector
191.11 employment is not available;
191.12 (4) on-the-job training as specified in section 256J.66;
191.13 (5) job search, either supervised or unsupervised;
191.14 (6) job readiness assistance;
191.15 (7) job clubs, including job search workshops;
191.16 (8) job placement;
191.17 (9) job development;
191.18 (10) job-related counseling;
191.19 (11) job coaching;
191.20 (12) job retention services;
191.21 (13) job-specific training or education;
191.22 (14) job skills training directly related to employment;
191.23 (15) the self-employment investment demonstration (SEID),
191.24 as specified in section 256J.65;
191.25 (16) preemployment activities, based on availability and
191.26 resources, such as volunteer work, literacy programs and related
191.27 activities, citizenship and classes, English as a second
191.28 language (ESL) classes as limited by the provisions of section
191.29 256J.52, subdivisions 3, paragraph (d), and 5, paragraph (c), or
191.30 participation in dislocated worker services, chemical dependency
191.31 treatment, mental health services, peer group networks,
191.32 displaced homemaker programs, strength-based resiliency
191.33 training, parenting education, or other programs designed to
191.34 help families reach their employment goals and enhance their
191.35 ability to care for their children;
191.36 (17) community service programs;
192.1 (18) vocational educational training or educational
192.2 programs that can reasonably be expected to lead to employment,
192.3 as limited by the provisions of section 256J.53;
192.4 (19) apprenticeships;
192.5 (20) satisfactory attendance in general educational
192.6 development diploma classes or an adult diploma program;
192.7 (21) satisfactory attendance at secondary school, if the
192.8 participant has not received a high school diploma;
192.9 (22) adult basic education classes;
192.10 (23) internships;
192.11 (24) bilingual employment and training services;
192.12 (25) providing child care services to a participant who is
192.13 working in a community service program; and
192.14 (26) activities included in a safety plan that is developed
192.15 under section 256J.52, subdivision 6.
192.16 Sec. 17. Minnesota Statutes 1998, section 256J.50,
192.17 subdivision 5, is amended to read:
192.18 Subd. 5. [PARTICIPATION REQUIREMENTS FOR SINGLE-PARENT AND
192.19 TWO-PARENT ALL CASES.] (a) A county must establish a uniform
192.20 schedule for requiring participation by single parents.
192.21 Mandatory participation must be required within six months of
192.22 eligibility for cash assistance. For two-parent cases,
192.23 participation is required concurrent with the receipt of MFIP-S
192.24 MFIP cash assistance.
192.25 For single-parent cases, participation is required
192.26 concurrent with the receipt of MFIP cash assistance for all
192.27 counties except Blue Earth and Nicollet, effective July 1, 2000,
192.28 and is required for Blue Earth and Nicollet counties effective
192.29 January 1, 2001. For Blue Earth and Nicollet counties only,
192.30 from July 1, 2000 to December 31, 2000, mandatory participation
192.31 for single-parent cases must be required within six months of
192.32 eligibility for cash assistance.
192.33 (b) Beginning January 1, 1998, with the exception of
192.34 caregivers required to attend high school under the provisions
192.35 of section 256J.54, subdivision 5, MFIP caregivers, upon
192.36 completion of the secondary assessment, must develop an
193.1 employment plan and participate in work activities.
193.2 (c) Upon completion of the secondary assessment:
193.3 (1) In single-parent families with no children under six
193.4 years of age, the job counselor and the caregiver must develop
193.5 an employment plan that includes 20 to 35 hours per week of work
193.6 activities for the period January 1, 1998, to September 30,
193.7 1998; 25 to 35 hours of work activities per week in federal
193.8 fiscal year 1999; and 30 to 35 hours per week of work activities
193.9 in federal fiscal year 2000 and thereafter.
193.10 (2) In single-parent families with a child under six years
193.11 of age, the job counselor and the caregiver must develop an
193.12 employment plan that includes 20 to 35 hours per week of work
193.13 activities.
193.14 (3) In two-parent families, the job counselor and the
193.15 caregivers must develop employment plans which result in a
193.16 combined total of at least 55 hours per week of work activities.
193.17 Sec. 18. Minnesota Statutes 1998, section 256J.50,
193.18 subdivision 7, is amended to read:
193.19 Subd. 7. [LOCAL SERVICE UNIT PLAN.] (a) Each local or
193.20 county service unit shall prepare and submit a plan as specified
193.21 in section 268.88.
193.22 (b) The plan must include a description of how projects
193.23 funded under the local intervention grants for self-sufficiency
193.24 in section 256J.625, subdivisions 2 and 3, operate in the local
193.25 service unit, including:
193.26 (1) the target populations of hard-to-employ participants
193.27 and working participants in need of job retention and wage
193.28 advancement services, with a description of how individual
193.29 participant needs will be met;
193.30 (2) services that will be provided which may include paid
193.31 work experience, enhanced mental health services, outreach to
193.32 sanctioned families, child care for social services, child care
193.33 transition year set-aside, homeless and housing advocacy, and
193.34 transportation;
193.35 (3) projected expenditures by activity;
193.36 (4) anticipated program outcomes including the anticipated
194.1 impact the intervention efforts will have on performance
194.2 measures under section 256J.751 and on reducing the number of
194.3 MFIP participants expected to reach their 60-month time limit;
194.4 and
194.5 (5) a description of services that are provided or will be
194.6 provided to MFIP participants affected by chemical dependency,
194.7 mental health issues, learning disabilities, or family violence.
194.8 Each plan must demonstrate how the county or tribe is
194.9 working within its organization and with other organizations in
194.10 the community to serve hard-to-employ populations, including how
194.11 organizations in the community were engaged in planning for use
194.12 of these funds, services other entities will provide under the
194.13 plan, and whether multicounty or regional strategies are being
194.14 implemented as part of this plan.
194.15 (c) Activities and expenditures in the plan must enhance or
194.16 supplement MFIP activities without supplanting existing
194.17 activities and expenditures. However, this paragraph does not
194.18 require a county to maintain either:
194.19 (1) its current provision of child care assistance to MFIP
194.20 families through the expenditure of county resources under
194.21 chapter 256E for social services child care assistance if funds
194.22 are appropriated by another law for an MFIP social services
194.23 child care pool;
194.24 (2) its current provision of transition-year child care
194.25 assistance through the expenditure of county resources if funds
194.26 are appropriated by another law for this purpose; or
194.27 (3) its current provision of intensive ESL programs through
194.28 the expenditure of county resources if funds are appropriated by
194.29 another law for intensive ESL grants.
194.30 (d) The plan required under this subdivision must be
194.31 approved before the local or county service unit is eligible to
194.32 receive funds under section 256J.625, subdivisions 2 and 3.
194.33 Sec. 19. Minnesota Statutes 1999 Supplement, section
194.34 256J.52, subdivision 3, is amended to read:
194.35 Subd. 3. [JOB SEARCH; JOB SEARCH SUPPORT PLAN.] (a) If,
194.36 after the initial assessment, the job counselor determines that
195.1 the participant possesses sufficient skills that the participant
195.2 is likely to succeed in obtaining suitable employment, the
195.3 participant must conduct job search for a period of up to eight
195.4 weeks, for at least 30 hours per week. The participant must
195.5 accept any offer of suitable employment. Upon agreement by the
195.6 job counselor and the participant, a job search support plan may
195.7 limit a job search to jobs that are consistent with the
195.8 participant's employment goal. The job counselor and
195.9 participant must develop a job search support plan which
195.10 specifies, at a minimum: whether the job search is to be
195.11 supervised or unsupervised; support services that will be
195.12 provided while the participant conducts job search activities;
195.13 the courses necessary to obtain certification or licensure, if
195.14 applicable, and after obtaining the license or certificate, the
195.15 client must comply with subdivision 5; and how frequently the
195.16 participant must report to the job counselor on the status of
195.17 the participant's job search activities. The job search support
195.18 plan may must also specify that the participant fulfill a
195.19 specified portion no more than half of the required hours of job
195.20 search through attending adult basic education or English as a
195.21 second language classes, if one or both of those activities are
195.22 approved by the job counselor.
195.23 (b) During the eight-week job search period, either the job
195.24 counselor or the participant may request a review of the
195.25 participant's job search plan and progress towards obtaining
195.26 suitable employment. If a review is requested by the
195.27 participant, the job counselor must concur that the review is
195.28 appropriate for the participant at that time. If a review is
195.29 conducted, the job counselor may make a determination to conduct
195.30 a secondary assessment prior to the conclusion of the job search.
195.31 (c) Failure to conduct the required job search, to accept
195.32 any offer of suitable employment, to develop or comply with a
195.33 job search support plan, or voluntarily quitting suitable
195.34 employment without good cause results in the imposition of a
195.35 sanction under section 256J.46. If at the end of eight weeks
195.36 the participant has not obtained suitable employment, the job
196.1 counselor must conduct a secondary assessment of the participant
196.2 under subdivision 3.
196.3 (d) In order for an English as a second language (ESL)
196.4 class to be an approved work activity, a participant must be at
196.5 or below a spoken language proficiency level of SPL5 or its
196.6 equivalent, as measured by a nationally recognized test. A
196.7 participant may not be approved for more than a total of 24
196.8 months of ESL activities while participating in the employment
196.9 and training services component of MFIP. In approving ESL as a
196.10 work activity, the job counselor must give preference to
196.11 enrollment in an intensive ESL program, if one is available,
196.12 over a regular ESL program. If an intensive ESL program is
196.13 approved, the restriction in paragraph (a) that no more than
196.14 half of the required hours of job search is fulfilled through
196.15 attending ESL classes does not apply.
196.16 Sec. 20. Minnesota Statutes 1999 Supplement, section
196.17 256J.52, subdivision 5, is amended to read:
196.18 Subd. 5. [EMPLOYMENT PLAN; CONTENTS.] (a) Based on the
196.19 secondary assessment under subdivision 4, the job counselor and
196.20 the participant must develop an employment plan for the
196.21 participant that includes specific activities that are tied to
196.22 an employment goal and a plan for long-term self-sufficiency,
196.23 and that is designed to move the participant along the most
196.24 direct path to unsubsidized employment. The employment plan
196.25 must list the specific steps that will be taken to obtain
196.26 employment and a timetable for completion of each of the steps.
196.27 Upon agreement by the job counselor and the participant, the
196.28 employment plan may limit a job search to jobs that are
196.29 consistent with the participant's employment goal.
196.30 (b) As part of the development of the participant's
196.31 employment plan, the participant shall have the option of
196.32 selecting from among the vendors or resources that the job
196.33 counselor determines will be effective in supplying one or more
196.34 of the services necessary to meet the employment goals specified
196.35 in the participant's plan. In compiling the list of vendors and
196.36 resources that the job counselor determines would be effective
197.1 in meeting the participant's employment goals, the job counselor
197.2 must determine that adequate financial resources are available
197.3 for the vendors or resources ultimately selected by the
197.4 participant.
197.5 (c) In order for an English as a second language (ESL)
197.6 class to be an approved work activity, a participant must be at
197.7 or below a spoken language proficiency level of SPL5 or its
197.8 equivalent, as measured by a nationally recognized test. A
197.9 participant may not be approved for more than a total of 24
197.10 months of ESL activities while participating in the employment
197.11 and training services component of MFIP. In approving ESL as a
197.12 work activity, the job counselor must give preference to
197.13 enrollment in an intensive ESL program, if one is available,
197.14 over a regular ESL program.
197.15 (d) The job counselor and the participant must sign the
197.16 developed plan to indicate agreement between the job counselor
197.17 and the participant on the contents of the plan.
197.18 Sec. 21. Minnesota Statutes 1999 Supplement, section
197.19 256J.56, is amended to read:
197.20 256J.56 [EMPLOYMENT AND TRAINING SERVICES COMPONENT;
197.21 EXEMPTIONS.]
197.22 (a) An MFIP caregiver is exempt from the requirements of
197.23 sections 256J.52 to 256J.55 if the caregiver belongs to any of
197.24 the following groups:
197.25 (1) individuals who are age 60 or older;
197.26 (2) individuals who are suffering from a professionally
197.27 certified permanent or temporary illness, injury, or incapacity
197.28 which is expected to continue for more than 30 days and which
197.29 prevents the person from obtaining or retaining employment.
197.30 Persons in this category with a temporary illness, injury, or
197.31 incapacity must be reevaluated at least quarterly;
197.32 (3) caregivers whose presence in the home is required
197.33 because of the professionally certified illness or incapacity of
197.34 another member in the assistance unit, a relative in the
197.35 household, or a foster child in the household;
197.36 (4) women who are pregnant, if the pregnancy has resulted
198.1 in a professionally certified incapacity that prevents the woman
198.2 from obtaining or retaining employment;
198.3 (5) caregivers of a child under the age of one year who
198.4 personally provide full-time care for the child. This exemption
198.5 may be used for only 12 months in a lifetime. In two-parent
198.6 households, only one parent or other relative may qualify for
198.7 this exemption;
198.8 (6) individuals who are single parents, or one parent in a
198.9 two-parent family, employed at least 35 hours per week;
198.10 (7) individuals experiencing a personal or family crisis
198.11 that makes them incapable of participating in the program, as
198.12 determined by the county agency. If the participant does not
198.13 agree with the county agency's determination, the participant
198.14 may seek professional certification, as defined in section
198.15 256J.08, that the participant is incapable of participating in
198.16 the program.
198.17 Persons in this exemption category must be reevaluated
198.18 every 60 days; or
198.19 (8) second parents in two-parent families employed for 20
198.20 or more hours per week, provided the first parent is employed at
198.21 least 35 hours per week; or
198.22 (9) caregivers with a child or an adult in the household
198.23 who meets the disability or medical criteria for home care
198.24 services under section 256B.0627, subdivision 1, paragraph (c),
198.25 or a home and community-based waiver services program under
198.26 chapter 256B, or meets the criteria for severe emotional
198.27 disturbance under section 245.4871, subdivision 6, or for
198.28 serious and persistent mental illness under section 245.462,
198.29 subdivision 20, paragraph (c). Caregivers in this exemption
198.30 category are presumed to be prevented from obtaining or
198.31 retaining employment.
198.32 A caregiver who is exempt under clause (5) must enroll in
198.33 and attend an early childhood and family education class, a
198.34 parenting class, or some similar activity, if available, during
198.35 the period of time the caregiver is exempt under this section.
198.36 Notwithstanding section 256J.46, failure to attend the required
199.1 activity shall not result in the imposition of a sanction.
199.2 (b) The county agency must provide employment and training
199.3 services to MFIP caregivers who are exempt under this section,
199.4 but who volunteer to participate. Exempt volunteers may request
199.5 approval for any work activity under section 256J.49,
199.6 subdivision 13. The hourly participation requirements for
199.7 nonexempt caregivers under section 256J.50, subdivision 5, do
199.8 not apply to exempt caregivers who volunteer to participate.
199.9 Sec. 22. [256J.625] [LOCAL INTERVENTION GRANTS FOR
199.10 SELF-SUFFICIENCY.]
199.11 Subdivision 1. [ESTABLISHMENT; GUARANTEED MINIMUM
199.12 ALLOCATION.] (a) The commissioner shall make grants under this
199.13 subdivision to assist county and tribal TANF programs to more
199.14 effectively serve hard-to-employ MFIP participants. Funds
199.15 appropriated for local intervention grants for self-sufficiency
199.16 must be allocated first in amounts equal to the guaranteed
199.17 minimum in paragraph (b), and second according to the provisions
199.18 of subdivision 2. Any remaining funds must be allocated
199.19 according to the formula in subdivision 3. Counties or tribes
199.20 must have an approved local service unit plan under section
199.21 256J.50, subdivision 7, paragraph (b), in order to receive and
199.22 expend funds under subdivisions 2 and 3.
199.23 (b) Each county or tribal program shall receive a
199.24 guaranteed minimum annual allocation of $25,000.
199.25 Subd. 2. [SET-ASIDE FUNDS.] (a) Of the funds appropriated
199.26 for grants under this section, after the allocation in
199.27 subdivision 1, paragraph (b), is made, 20 percent of the
199.28 remaining funds each year shall be retained by the commissioner
199.29 and awarded to counties or tribes whose approved plans
199.30 demonstrate additional need based on their identification of
199.31 hard-to-employ families and working participants in need of job
199.32 retention and wage advancement services, strong anticipated
199.33 outcomes for families and an effective plan for monitoring
199.34 performance, or, use of a multicounty, multi-entity or regional
199.35 approach to serve hard-to-employ families and working
199.36 participants in need of job retention and wage advancement
200.1 services who are identified as a target population to be served
200.2 in the plan submitted under section 256J.50, subdivision 7,
200.3 paragraph (b). In distributing funds under this paragraph, the
200.4 commissioner must achieve a geographic balance. The
200.5 commissioner may award funds under this paragraph to other
200.6 public, private, or nonprofit entities to deliver services in a
200.7 county or region where the entity or entities submit a plan that
200.8 demonstrates a strong capability to fulfill the terms of the
200.9 plan and where the plan shows an innovative or multi-entity
200.10 approach.
200.11 (b) For fiscal year 2001 only, of the funds available under
200.12 this subdivision the commissioner must allocate funding in the
200.13 amounts specified in article 1, section 2, subdivision 7, for an
200.14 intensive intervention transitional employment training project
200.15 and for nontraditional career assistance and training programs.
200.16 These allocations must occur before any set-aside funds are
200.17 allocated under paragraph (a).
200.18 Subd. 2a. [ALTERNATIVE DISTRIBUTION FORMULA.] (a) By
200.19 January 31, 2001, the commissioner of human services must
200.20 develop and present to the appropriate legislative committees a
200.21 distribution formula that is an alternative to the formula
200.22 allocation specified in subdivision 3. The proposed
200.23 distribution formula must target hard-to-employ MFIP
200.24 participants, and it must include an incentive-based component
200.25 that is designed to encourage county and tribal programs to
200.26 effectively serve hard-to-employ participants. The
200.27 commissioner's proposal must also be designed to be implemented
200.28 for fiscal years 2002 and 2003 in place of the formula
200.29 allocation specified in subdivision 3.
200.30 (b) Notwithstanding the provisions of subdivision 2,
200.31 paragraph (a), if the commissioner does not develop a proposed
200.32 formula as required in paragraph (a), the set-aside funds for
200.33 fiscal years 2002 and 2003 that the commissioner would otherwise
200.34 distribute under subdivision 2, paragraph (a), must not be
200.35 distributed under that provision. Funds available under
200.36 subdivision 2, paragraph (a), must instead be allocated in equal
201.1 amounts to each county and tribal program in fiscal years 2002
201.2 and 2003.
201.3 Subd. 3. [FORMULA ALLOCATION.] Funds remaining after the
201.4 allocations in subdivisions 1 and 2 must be allocated as follows:
201.5 (1) 85 percent shall be allocated in proportion to each
201.6 county's and tribal TANF program's one-parent MFIP cases that
201.7 have received MFIP assistance for at least 25 months, as sampled
201.8 on December 31 of the previous calendar year, excluding cases
201.9 where all caregivers are age 60 or over.
201.10 (2) 15 percent shall be allocated to each county's and
201.11 tribal TANF program's two-parent MFIP cases that have received
201.12 MFIP assistance for at least 25 months, as sampled on December
201.13 31 of the previous calendar year, excluding cases where all
201.14 caregivers are age 60 or over.
201.15 Subd. 4. [USE OF FUNDS.] (a) A county or tribal program
201.16 may use funds allocated under this subdivision to provide
201.17 services to MFIP participants who are hard-to-employ and their
201.18 families. Services provided must be intended to reduce the
201.19 number of MFIP participants who are expected to reach the
201.20 60-month time limit under section 256J.42. Counties, tribes,
201.21 and other entities receiving funds under subdivisions 2 or 3
201.22 must submit semiannual progress reports to the commissioner
201.23 which detail program outcomes.
201.24 (b) Funds allocated under this section may not be used to
201.25 provide benefits that are defined as "assistance" in Code of
201.26 Federal Regulations, title 45, section 260.31, to an assistance
201.27 unit that is only receiving the food portion of MFIP benefits.
201.28 (c) A county may use funds allocated under this section for
201.29 that part of the match for federal access to jobs transportation
201.30 funds that is TANF-eligible. A county may also use funds
201.31 allocated under this section to enhance transportation choices
201.32 for eligible recipients up to 150 percent of the federal poverty
201.33 guidelines.
201.34 Subd. 5. [SUNSET.] The grant program under this section
201.35 sunsets on June 30, 2003.
201.36 Sec. 23. [256J.655] [NONTRADITIONAL CAREER ASSISTANCE AND
202.1 TRAINING.]
202.2 With the approval of the job counselor, a participant may
202.3 enroll and participate in a nontraditional career assistance and
202.4 training (NCAT) program under section 256K.30. An MFIP
202.5 recipient participating in an NCAT program with the approval of
202.6 the job counselor is also eligible for employment and training
202.7 services, including child care and transportation.
202.8 Sec. 24. [256J.88] [CHILD ONLY TANF PROGRAM.]
202.9 Children who receive assistance under this chapter, in
202.10 which the assistance unit does not include a caregiver, but only
202.11 includes a minor child, shall become part of the program
202.12 established under this section.
202.13 Sec. 25. [256K.25] [SUPPORTIVE HOUSING AND MANAGED CARE
202.14 PILOT PROJECT.]
202.15 Subdivision 1. [ESTABLISHMENT AND PURPOSE.] (a) The
202.16 commissioner shall establish a supportive housing and managed
202.17 care pilot project in two counties, one within the seven-county
202.18 metropolitan area and one outside of that area, to determine
202.19 whether the integrated delivery of employment services,
202.20 supportive services, housing, and health care into a single,
202.21 flexible program will:
202.22 (1) reduce public expenditures on homeless families with
202.23 minor children, homeless noncustodial parents, and other
202.24 homeless individuals;
202.25 (2) increase the employment rates of these persons; and
202.26 (3) provide a new alternative to providing services to this
202.27 hard-to-serve population.
202.28 (b) The commissioner shall create a program for counties
202.29 for the purpose of providing integrated intensive and
202.30 individualized case management services, employment services,
202.31 health care services, rent subsidies or other short- or
202.32 medium-term housing assistance, and other supportive services to
202.33 eligible families and individuals. Minimum project and
202.34 application requirements shall be developed by the commissioner
202.35 in cooperation with counties and their nonprofit partners with
202.36 the goal to provide the maximum flexibility in program design.
203.1 (c) Services available under this project must be
203.2 coordinated with available health care services for an eligible
203.3 project participant.
203.4 Subd. 2. [DEFINITION.] For purposes of this section,
203.5 "homeless" means having no appropriate housing available and
203.6 lacking the resources necessary to access permanent housing, as
203.7 determined by the county requesting funding under subdivision 3,
203.8 and:
203.9 (1) living, or being at imminent risk of living, on the
203.10 street or in a shelter; or
203.11 (2) having been evicted from a dwelling or discharged from
203.12 a regional treatment center, state-operated community-based
203.13 program, community hospital, or residential treatment program.
203.14 Subd. 3. [COUNTY ELIGIBILITY.] A county may request
203.15 funding under this pilot project if the county:
203.16 (1) agrees to develop, in cooperation with nonprofit
203.17 partners, a supportive housing and managed care pilot project
203.18 that integrates the delivery of employment services, supportive
203.19 services, housing and health care for eligible families and
203.20 individuals, or agrees to contract with an existing integrated
203.21 program;
203.22 (2) for eligible participants who are also MFIP recipients,
203.23 agrees to develop, in cooperation with nonprofit partners,
203.24 procedures to ensure that the services provided under the pilot
203.25 project are closely coordinated with the services provided under
203.26 MFIP; and
203.27 (3) develops a method for evaluating the quality of the
203.28 integrated services provided and the amount of any resulting
203.29 cost savings to the county and state.
203.30 Subd. 4. [PARTICIPANT ELIGIBILITY.] (a) In order to be
203.31 eligible for the pilot project, the county must determine that a
203.32 participant is homeless or is at risk of homelessness; has a
203.33 mental illness, a history of substance abuse, or HIV; and is a
203.34 family that meets the criteria in paragraph (b) or is an
203.35 individual who meets the criteria in paragraph (c).
203.36 (b) An eligible family must include a minor child or a
204.1 pregnant woman, and:
204.2 (1) be receiving or be eligible for MFIP assistance under
204.3 chapter 256J; or
204.4 (2) include an adult caregiver who is employed or is
204.5 receiving employment and training services, and have household
204.6 income below the MFIP exit level in section 256J.24, subdivision
204.7 10.
204.8 (c) An eligible individual must:
204.9 (1) meet the eligibility requirements of the group
204.10 residential housing program under section 256I.04, subdivision
204.11 1; or
204.12 (2) be a noncustodial parent who is employed or is
204.13 receiving employment and training services, and have household
204.14 income below the MFIP exit level in section 256J.24, subdivision
204.15 10.
204.16 Subd. 5. [FUNDING.] A county may request funding from the
204.17 commissioner for a specified number of TANF-eligible project
204.18 participants. The commissioner shall review the request for
204.19 compliance with subdivisions 1 to 4 and may approve or
204.20 disapprove the request. If other funds are available, the
204.21 commissioner may allocate funding for project participants who
204.22 meet the eligibility requirements of subdivision 4, paragraph
204.23 (c).
204.24 Subd. 6. [REPORT.] Participating counties and the
204.25 commissioner shall collaborate to prepare and issue an annual
204.26 report, beginning December 1, 2001, to the chairs of the
204.27 appropriate legislative committees on the pilot project's use of
204.28 public resources, including other funds leveraged for this
204.29 initiative, the employment and housing status of the families
204.30 and individuals served in the project, and the
204.31 cost-effectiveness of the project. The annual report must also
204.32 evaluate the pilot project with respect to the following project
204.33 goals: that participants will lead more productive, healthier,
204.34 more stable and better quality lives; that the teams created
204.35 under the project to deliver services for each project
204.36 participant will be accountable for ensuring that services are
205.1 more appropriate, cost-effective and well-coordinated; and that
205.2 the system-wide costs of serving this population, and the
205.3 inappropriate use of emergency, crisis-oriented or institutional
205.4 services, will be materially reduced. The commissioner shall
205.5 provide data that may be needed to evaluate the project to
205.6 participating counties that request the data.
205.7 Subd. 7. [SUNSET.] The pilot project under this section
205.8 sunsets on June 30, 2006.
205.9 Sec. 26. [256K.30] [GRANTS FOR NONTRADITIONAL CAREER
205.10 ASSISTANCE AND TRAINING PROGRAMS.]
205.11 Subdivision 1. [ESTABLISHMENT AND PURPOSE.] The
205.12 commissioner shall establish a program of reimbursement-based
205.13 grants to nonprofit organizations to provide nontraditional
205.14 career assistance and training (NCAT) programs that encourage
205.15 and assist low-income women with minor children to enter
205.16 nontraditional careers in the trades and in manual and technical
205.17 operations.
205.18 Subd. 2. [REQUIREMENTS FOR GRANTEES.] To be eligible for a
205.19 grant under this section, an NCAT program must include the
205.20 career assistance component specified in subdivision 4.
205.21 Subd. 3. [OUTREACH COMPONENT.] An NCAT program may include
205.22 an outreach component that provides outreach to girls and women
205.23 through public and private elementary and secondary schools,
205.24 appropriate community organizations, or existing state and
205.25 county employment and training programs. The outreach must
205.26 consist of: general information concerning opportunities for
205.27 women in the trades, manual, and technical occupations,
205.28 including specific fields where worker shortages exist; and
205.29 specific information about training programs offered. The
205.30 outreach may include printed or recorded information, hands-on
205.31 experiences for women and girls, presentations to women and
205.32 girls, or ongoing contact with appropriate staff.
205.33 Federal TANF funds may not be used for the outreach
205.34 component of an NCAT program.
205.35 Subd. 4. [CAREER ASSISTANCE COMPONENT.] An NCAT program
205.36 may include a career assistance component that provides the
206.1 following assistance for low-income women to enter careers in
206.2 the trades and technical occupations:
206.3 (1) training designed to prepare women to succeed in
206.4 nontraditional occupations, conducted by an NCAT grantee or in
206.5 collaboration with another institution. The training must cover
206.6 the knowledge and skills required for the trade, information
206.7 about on-the-job realities for women in the particular trade,
206.8 physical strength and stamina training as needed, opportunities
206.9 for developing workplace problem-solving skills, and information
206.10 about the current and projected future job market and likely
206.11 career path for the trade;
206.12 (2) assistance with child care and transportation during
206.13 training, during job search, and for at least the first two
206.14 months of posttraining employment;
206.15 (3) job placement assistance during training, during job
206.16 search, and for at least two years after completion of the
206.17 training program; and
206.18 (4) job retention support may be in the form of mentorship
206.19 programs, support groups, or ongoing staff contact for at least
206.20 the first year of posttraining employment, including access to
206.21 job-related information, assistance with workplace issue
206.22 resolution, and access to advocacy services.
206.23 Subd. 5. [NCAT; ELIGIBLE PARTICIPANTS.] To be eligible to
206.24 enroll in an NCAT program under this section, a participant must
206.25 be a female caregiver receiving assistance under chapter 256J or
206.26 this chapter.
206.27 Subd. 6. [ACCESSIBILITY REQUIRED.] Approved NCAT programs
206.28 must be accessible to women who are MFIP participants. Factors
206.29 that contribute to a program's accessibility include:
206.30 (1) affordability of tuition and supplies;
206.31 (2) geographic proximity to low-income neighborhoods, child
206.32 care, and public transportation routes; and
206.33 (3) flexibility of the hours per week required by the
206.34 program and the duration of the program, in order to be
206.35 compatible with the program participants' family needs and the
206.36 need for participants to be employed during training.
207.1 Sec. 27. [256K.35] [AT-RISK YOUTH OUT-OF-WEDLOCK PREGNANCY
207.2 PREVENTION PROGRAM.]
207.3 Subdivision 1. [ESTABLISHMENT AND PURPOSE.] The
207.4 commissioner shall establish a statewide grant program to
207.5 prevent or reduce the incidence of out-of-wedlock pregnancies
207.6 among homeless, runaway, or thrown-away youth who are at risk of
207.7 being prostituted or currently being used in prostitution. The
207.8 goal of the out-of-wedlock pregnancy prevention program is to
207.9 significantly increase the number of existing short-term shelter
207.10 beds for these youth in the state. By providing street outreach
207.11 and supportive services for emergency shelter, transitional
207.12 housing, and services to reconnect the youth with their families
207.13 where appropriate, the number of youth at risk of being sexually
207.14 exploited or actually being sexually exploited, and thus at risk
207.15 of experiencing an out-of-wedlock pregnancy, will be reduced.
207.16 Subd. 2. [FUNDS AVAILABLE.] The commissioner shall make
207.17 funds for street outreach and supportive services for emergency
207.18 shelter and transitional housing for out-of-wedlock pregnancy
207.19 prevention available to eligible nonprofit corporations or
207.20 government agencies to provide supportive services for emergency
207.21 and transitional housing for at-risk youth. The commissioner
207.22 shall consider the need for emergency and transitional housing
207.23 supportive services throughout the state, and must give priority
207.24 to applicants who offer 24-hour emergency facilities.
207.25 Subd. 3. [APPLICATION; ELIGIBILITY.] (a) A nonprofit
207.26 corporation or government agency must submit an application to
207.27 the commissioner in the form and manner the commissioner
207.28 establishes. The application must describe how the applicant
207.29 meets the eligibility criteria under paragraph (b). The
207.30 commissioner may also require an applicant to provide additional
207.31 information.
207.32 (b) To be eligible for funding under this section, an
207.33 applicant must meet the following criteria:
207.34 (1) the applicant must have a commitment to helping the
207.35 community, children, and preventing juvenile prostitution. If
207.36 the applicant does not have any past experience with youth
208.1 involved in or at risk of being used in prostitution, the
208.2 applicant must demonstrate knowledge of best practices in this
208.3 area and develop a plan to follow those practices;
208.4 (2) the applicant must present a plan to communicate with
208.5 local law enforcement officials, social services, and the
208.6 commissioner consistent with state and federal law; and
208.7 (3) the applicant must present a plan to encourage
208.8 homeless, runaway, or thrown-away youth to either reconnect with
208.9 family or to transition into long-term housing.
208.10 Subd. 4. [USES OF FUNDS.] (a) Funds available under this
208.11 section must be used to create and maintain supportive services
208.12 for emergency shelter and transitional housing for homeless,
208.13 runaway, and thrown-away youth. Federal TANF funds must be used
208.14 to serve youth and their families with household income below
208.15 200 percent of the federal poverty guidelines. If other funds
208.16 are available, services may be provided to youth outside of
208.17 TANF-eligible families.
208.18 (b) Funds available under this section shall not be used to
208.19 conduct general education or awareness programs unrelated to the
208.20 operation of an emergency shelter or transitional housing.
208.21 Sec. 28. Laws 1997, chapter 203, article 9, section 21, as
208.22 amended by Laws 1998, chapter 407, article 6, section 111, is
208.23 amended to read:
208.24 Sec. 21. [INELIGIBILITY FOR STATE FUNDED PROGRAMS.]
208.25 (a) Beginning July 1, 2000 Effective on the date specified,
208.26 the following persons will be ineligible for general assistance
208.27 and general assistance medical care under Minnesota Statutes,
208.28 chapter 256D, group residential housing under Minnesota
208.29 Statutes, chapter 256I, and MFIP-S MFIP assistance under
208.30 Minnesota Statutes, chapter 256J, funded with state money:
208.31 (1) Beginning July 1, 2002, persons who are terminated from
208.32 or denied Supplemental Security Income due to the 1996 changes
208.33 in the federal law making persons whose alcohol or drug
208.34 addiction is a material factor contributing to the person's
208.35 disability ineligible for Supplemental Security Income, and are
208.36 eligible for general assistance under Minnesota Statutes,
209.1 section 256D.05, subdivision 1, paragraph (a), clause (17) 15,
209.2 general assistance medical care under Minnesota Statutes,
209.3 chapter 256D, or group residential housing under Minnesota
209.4 Statutes, chapter 256I;
209.5 (2) Beginning July 1, 2002, legal noncitizens who are
209.6 ineligible for Supplemental Security Income due to the 1996
209.7 changes in federal law making certain noncitizens ineligible for
209.8 these programs due to their noncitizen status; and
209.9 (3) Beginning July 1, 2001, legal noncitizens who are
209.10 eligible for MFIP-S MFIP assistance, either the cash assistance
209.11 portion or the food assistance portion, funded entirely with
209.12 state money.
209.13 (b) State money that remains unspent due to changes in
209.14 federal law enacted after May 12, 1997, that reduce state
209.15 spending for legal noncitizens or for persons whose alcohol or
209.16 drug addiction is a material factor contributing to the person's
209.17 disability, or enacted after February 1, 1998, that reduce state
209.18 spending for food benefits for legal noncitizens shall not
209.19 cancel and shall be deposited in the TANF reserve account.
209.20 Sec. 29. [PILOT PROJECTS FOR MFIP ELIGIBLE FAMILIES.]
209.21 The commissioner of human services shall authorize Dakota
209.22 county and four other counties to test alternative approaches to
209.23 improve compliance with MFIP work requirements or to encourage
209.24 rapid entrance into the workforce. The projects are intended to
209.25 improve employability and self-sufficiency outcomes for MFIP
209.26 eligible families. These county pilots may test different
209.27 approaches which include, but are not limited to, diversion of
209.28 MFIP eligible applicants and case suspension or closure for
209.29 participants unwilling to fulfill the conditions of the
209.30 employment or job search support plan.
209.31 For purposes of eligibility for child care assistance under
209.32 Minnesota Statutes, chapter 119B, all pilot program participants
209.33 shall be eligible for the same benefits as MFIP recipients.
209.34 The four counties, other than Dakota county, will be
209.35 selected as pilot sites through a request for proposals (RFP)
209.36 process. Dakota county's proposal shall meet the same criteria
210.1 required of those counties that respond to the RFP. County
210.2 proposals must define the nature and scope of the pilot and must
210.3 be cost neutral to the state. The commissioner must analyze
210.4 proposals for system impacts. The commissioner may authorize
210.5 counties to implement these pilots when the state agency
210.6 determines the county agency is prepared and any system changes
210.7 are complete. The commissioner will work with the counties in
210.8 developing policies and guidelines for operating the pilots.
210.9 The commissioner will provide technical assistance to county
210.10 agencies to evaluate the effectiveness of the pilots. The
210.11 commissioner and county agencies shall report the evaluation
210.12 findings to the chairs of the house health and human services
210.13 and senate health and family security policy and fiscal
210.14 committees by February 1, 2002. An interim status report must
210.15 be provided to the committee chairs by February 1, 2001.
210.16 Sec. 30. [REPORTS ON SAVE IMPLEMENTATION.]
210.17 On January 15, 2003, and January 15, 2004, the commissioner
210.18 shall report to the chairs of the house health and human
210.19 services policy committee and the senate health and family
210.20 security committee on the usage and costs of the SAVE program
210.21 over the previous year. These reports must include summary,
210.22 nonidentifying information on the number of inquiries per month
210.23 that were submitted to the SAVE system, the number of times
210.24 secondary verifications were pursued as a result of the
210.25 inquiries submitted to SAVE, and the number of times the county
210.26 determined, as a result of information provided through the SAVE
210.27 system, that an applicant to a program listed in section 256.01,
210.28 subdivision 18, was ineligible for benefits due to the
210.29 applicant's immigration status.
210.30 Sec. 31. [REPORT ON EFFECT OF ELIGIBILITY SUNSET DELAY.]
210.31 The health care division of the department of human
210.32 services shall conduct a study to identify the characteristics
210.33 of the GA, GAMC, and GRH recipients for whom program eligibility
210.34 has been extended past June 30, 2000, due to a change in state
210.35 law. Division staff must collect and report summary information
210.36 about the affected recipients that includes, but is not limited
211.1 to, information about the recipients': current employment
211.2 status and employment history; disabilities; past and present
211.3 involvement in chemical dependency treatment or related
211.4 services; criminal history, if any; and other barriers that
211.5 affect the recipients' ability to live independently. The
211.6 report must not include uniquely identifying information about
211.7 the affected recipients. The report must also include
211.8 information on the actual and projected costs of extending these
211.9 recipients' eligibility for the GA, GAMC, and GRH programs past
211.10 June 30, 2000. The report must be submitted to the chairs of
211.11 the house of representatives and senate policy and fiscal
211.12 committees with jurisdiction over these programs by January 15,
211.13 2001.
211.14 Sec. 32. [REPEALER.]
211.15 Laws 1999, chapter 245, article 5, section 24, is repealed.
211.16 ARTICLE 11
211.17 TECHNICAL CORRECTIONS
211.18 Section 1. Minnesota Statutes 1999 Supplement, section
211.19 62J.535, subdivision 2, is amended to read:
211.20 Subd. 2. [COMPLIANCE.] (a) Concurrent with the effective
211.21 dates date of required compliance established under United
211.22 States Code, title 42, sections 1320d to 1320d-8, as amended
211.23 from time to time, for uniform electronic billing standards, all
211.24 health care providers must conform to the uniform billing
211.25 standards developed under subdivision 1.
211.26 (b) Notwithstanding paragraph (a), the requirements for the
211.27 uniform remittance advice report shall be effective 12 months
211.28 after the date of the required compliance of the standards for
211.29 the electronic remittance advice transaction are effective under
211.30 United States Code, title 42, sections 1320d to 1320d-8, as
211.31 amended from time to time.
211.32 EFFECTIVE DATE: This section is effective the day
211.33 following final enactment.
211.34 Sec. 2. Minnesota Statutes 1998, section 125A.74,
211.35 subdivision 1, is amended to read:
211.36 Subdivision 1. [ELIGIBILITY.] A district may enroll as a
212.1 provider in the medical assistance program and receive medical
212.2 assistance payments for covered special education services
212.3 provided to persons eligible for medical assistance under
212.4 chapter 256B. To receive medical assistance payments, the
212.5 district must pay the nonfederal share of medical assistance
212.6 services provided according to section 256B.0625, subdivision
212.7 26, and comply with relevant provisions of state and federal
212.8 statutes and regulations governing the medical assistance
212.9 program.
212.10 Sec. 3. Minnesota Statutes 1998, section 125A.74,
212.11 subdivision 2, is amended to read:
212.12 Subd. 2. [FUNDING.] A district that provides a covered
212.13 service to an eligible person and complies with relevant
212.14 requirements of the medical assistance program is entitled to
212.15 receive payment for the service provided, including that portion
212.16 of the payment services that will subsequently be reimbursed by
212.17 the federal government, in the same manner as other medical
212.18 assistance providers. The school district is not required to
212.19 provide matching funds or pay part of the costs of the service,
212.20 as long as the rate charged for the service does not exceed
212.21 medical assistance limits that apply to all medical assistance
212.22 providers.
212.23 Sec. 4. Minnesota Statutes 1999 Supplement, section
212.24 144.395, is amended by adding a subdivision to read:
212.25 Subd. 3. [SUNSET.] The tobacco use prevention and local
212.26 public health endowment fund expires June 30, 2015. Upon
212.27 expiration, the commissioner of finance shall transfer the
212.28 principal and any remaining interest to the general fund.
212.29 EFFECTIVE DATE: This section is effective the day
212.30 following final enactment.
212.31 Sec. 5. Minnesota Statutes 1999 Supplement, section
212.32 144.396, subdivision 11, is amended to read:
212.33 Subd. 11. [AUDITS REQUIRED.] The legislative auditor shall
212.34 audit tobacco use prevention and local public health endowment
212.35 fund expenditures to ensure that the money is spent for tobacco
212.36 use prevention measures and public health initiatives.
213.1 EFFECTIVE DATE: This section is effective the day
213.2 following final enactment.
213.3 Sec. 6. Minnesota Statutes 1999 Supplement, section
213.4 144.396, subdivision 12, is amended to read:
213.5 Subd. 12. [ENDOWMENT FUND NOT TO SUPPLANT EXISTING
213.6 FUNDING.] Appropriations from the account tobacco use prevention
213.7 and local public health endowment fund must not be used as a
213.8 substitute for traditional sources of funding tobacco use
213.9 prevention activities or public health initiatives. Any local
213.10 unit of government receiving money under this section must
213.11 ensure that existing local financial efforts remain in place.
213.12 EFFECTIVE DATE: This section is effective the day
213.13 following final enactment.
213.14 Sec. 7. Minnesota Statutes 1999 Supplement, section
213.15 256B.0916, subdivision 1, is amended to read:
213.16 Subdivision 1. [REDUCTION OF WAITING LIST.] (a) The
213.17 legislature recognizes that as of January 1, 1999, 3,300 persons
213.18 with mental retardation or related conditions have been screened
213.19 and determined eligible for the home and community-based waiver
213.20 services program for persons with mental retardation or related
213.21 conditions. Many wait for several years before receiving
213.22 service.
213.23 (b) The waiting list for this program shall be reduced or
213.24 eliminated by June 30, 2003. In order to reduce the number of
213.25 eligible persons waiting for identified services provided
213.26 through the home and community-based waiver for persons with
213.27 mental retardation or related conditions, during the period from
213.28 July 1, 1999, to June 30, 2003, funding shall be increased to
213.29 add 100 additional eligible persons each year beyond the
213.30 February 1999 medical assistance forecast.
213.31 (c) The commissioner shall allocate resources in such a
213.32 manner as to use all resources budgeted for the home and
213.33 community-based waiver for persons with mental retardation or
213.34 related conditions according to the priorities listed in
213.35 subdivision 2, paragraph (b), and then to serve other persons on
213.36 the waiting list. Resources allocated for a fiscal year to
214.1 serve persons affected by public and private sector ICF/MR
214.2 closures, but not expected to be expended for that purpose, must
214.3 be reallocated within that fiscal year to serve other persons on
214.4 the waiting list, and the number of waiver diversion slots shall
214.5 be adjusted accordingly.
214.6 (d) For fiscal year 2001, at least one-half of the increase
214.7 in funding over the previous year provided in the February 1999
214.8 medical assistance forecast for the home and community-based
214.9 waiver for persons with mental retardation and related
214.10 conditions, including changes made by the 1999 legislature, must
214.11 be used to serve persons who are not affected by public and
214.12 private sector ICF/MR closures.
214.13 EFFECTIVE DATE: This section is effective the day
214.14 following final enactment.
214.15 Sec. 8. Minnesota Statutes 1999 Supplement, section
214.16 256D.03, subdivision 4, is amended to read:
214.17 Subd. 4. [GENERAL ASSISTANCE MEDICAL CARE; SERVICES.] (a)
214.18 For a person who is eligible under subdivision 3, paragraph (a),
214.19 clause (3), general assistance medical care covers, except as
214.20 provided in paragraph (c):
214.21 (1) inpatient hospital services;
214.22 (2) outpatient hospital services;
214.23 (3) services provided by Medicare certified rehabilitation
214.24 agencies;
214.25 (4) prescription drugs and other products recommended
214.26 through the process established in section 256B.0625,
214.27 subdivision 13;
214.28 (5) equipment necessary to administer insulin and
214.29 diagnostic supplies and equipment for diabetics to monitor blood
214.30 sugar level;
214.31 (6) eyeglasses and eye examinations provided by a physician
214.32 or optometrist;
214.33 (7) hearing aids;
214.34 (8) prosthetic devices;
214.35 (9) laboratory and X-ray services;
214.36 (10) physician's services;
215.1 (11) medical transportation;
215.2 (12) chiropractic services as covered under the medical
215.3 assistance program;
215.4 (13) podiatric services;
215.5 (14) dental services;
215.6 (15) outpatient services provided by a mental health center
215.7 or clinic that is under contract with the county board and is
215.8 established under section 245.62;
215.9 (16) day treatment services for mental illness provided
215.10 under contract with the county board;
215.11 (17) prescribed medications for persons who have been
215.12 diagnosed as mentally ill as necessary to prevent more
215.13 restrictive institutionalization;
215.14 (18) psychological services, medical supplies and
215.15 equipment, and Medicare premiums, coinsurance and deductible
215.16 payments;
215.17 (19) medical equipment not specifically listed in this
215.18 paragraph when the use of the equipment will prevent the need
215.19 for costlier services that are reimbursable under this
215.20 subdivision;
215.21 (20) services performed by a certified pediatric nurse
215.22 practitioner, a certified family nurse practitioner, a certified
215.23 adult nurse practitioner, a certified obstetric/gynecological
215.24 nurse practitioner, a certified neonatal nurse practitioner, or
215.25 a certified geriatric nurse practitioner in independent
215.26 practice, if (1) the service is otherwise covered under this
215.27 chapter as a physician service, (2) a the service provided on an
215.28 inpatient basis is not included as part of the cost for
215.29 inpatient services included in the operating payment rate, and
215.30 (3) the service is within the scope of practice of the nurse
215.31 practitioner's license as a registered nurse, as defined in
215.32 section 148.171;
215.33 (21) services of a certified public health nurse or a
215.34 registered nurse practicing in a public health nursing clinic
215.35 that is a department of, or that operates under the direct
215.36 authority of, a unit of government, if the service is within the
216.1 scope of practice of the public health nurse's license as a
216.2 registered nurse, as defined in section 148.171; and
216.3 (22) telemedicine consultations, to the extent they are
216.4 covered under section 256B.0625, subdivision 3b.
216.5 (b) Except as provided in paragraph (c), for a recipient
216.6 who is eligible under subdivision 3, paragraph (a), clause (1)
216.7 or (2), general assistance medical care covers the services
216.8 listed in paragraph (a) with the exception of special
216.9 transportation services.
216.10 (c) Gender reassignment surgery and related services are
216.11 not covered services under this subdivision unless the
216.12 individual began receiving gender reassignment services prior to
216.13 July 1, 1995.
216.14 (d) In order to contain costs, the commissioner of human
216.15 services shall select vendors of medical care who can provide
216.16 the most economical care consistent with high medical standards
216.17 and shall where possible contract with organizations on a
216.18 prepaid capitation basis to provide these services. The
216.19 commissioner shall consider proposals by counties and vendors
216.20 for prepaid health plans, competitive bidding programs, block
216.21 grants, or other vendor payment mechanisms designed to provide
216.22 services in an economical manner or to control utilization, with
216.23 safeguards to ensure that necessary services are provided.
216.24 Before implementing prepaid programs in counties with a county
216.25 operated or affiliated public teaching hospital or a hospital or
216.26 clinic operated by the University of Minnesota, the commissioner
216.27 shall consider the risks the prepaid program creates for the
216.28 hospital and allow the county or hospital the opportunity to
216.29 participate in the program in a manner that reflects the risk of
216.30 adverse selection and the nature of the patients served by the
216.31 hospital, provided the terms of participation in the program are
216.32 competitive with the terms of other participants considering the
216.33 nature of the population served. Payment for services provided
216.34 pursuant to this subdivision shall be as provided to medical
216.35 assistance vendors of these services under sections 256B.02,
216.36 subdivision 8, and 256B.0625. For payments made during fiscal
217.1 year 1990 and later years, the commissioner shall consult with
217.2 an independent actuary in establishing prepayment rates, but
217.3 shall retain final control over the rate methodology.
217.4 Notwithstanding the provisions of subdivision 3, an individual
217.5 who becomes ineligible for general assistance medical care
217.6 because of failure to submit income reports or recertification
217.7 forms in a timely manner, shall remain enrolled in the prepaid
217.8 health plan and shall remain eligible for general assistance
217.9 medical care coverage through the last day of the month in which
217.10 the enrollee became ineligible for general assistance medical
217.11 care.
217.12 (e) The commissioner of human services may reduce payments
217.13 provided under sections 256D.01 to 256D.21 and 261.23 in order
217.14 to remain within the amount appropriated for general assistance
217.15 medical care, within the following restrictions:
217.16 (i) For the period July 1, 1985 to December 31, 1985,
217.17 reductions below the cost per service unit allowable under
217.18 section 256.966, are permitted only as follows: payments for
217.19 inpatient and outpatient hospital care provided in response to a
217.20 primary diagnosis of chemical dependency or mental illness may
217.21 be reduced no more than 30 percent; payments for all other
217.22 inpatient hospital care may be reduced no more than 20 percent.
217.23 Reductions below the payments allowable under general assistance
217.24 medical care for the remaining general assistance medical care
217.25 services allowable under this subdivision may be reduced no more
217.26 than ten percent.
217.27 (ii) For the period January 1, 1986 to December 31, 1986,
217.28 reductions below the cost per service unit allowable under
217.29 section 256.966 are permitted only as follows: payments for
217.30 inpatient and outpatient hospital care provided in response to a
217.31 primary diagnosis of chemical dependency or mental illness may
217.32 be reduced no more than 20 percent; payments for all other
217.33 inpatient hospital care may be reduced no more than 15 percent.
217.34 Reductions below the payments allowable under general assistance
217.35 medical care for the remaining general assistance medical care
217.36 services allowable under this subdivision may be reduced no more
218.1 than five percent.
218.2 (iii) For the period January 1, 1987 to June 30, 1987,
218.3 reductions below the cost per service unit allowable under
218.4 section 256.966 are permitted only as follows: payments for
218.5 inpatient and outpatient hospital care provided in response to a
218.6 primary diagnosis of chemical dependency or mental illness may
218.7 be reduced no more than 15 percent; payments for all other
218.8 inpatient hospital care may be reduced no more than ten
218.9 percent. Reductions below the payments allowable under medical
218.10 assistance for the remaining general assistance medical care
218.11 services allowable under this subdivision may be reduced no more
218.12 than five percent.
218.13 (iv) For the period July 1, 1987 to June 30, 1988,
218.14 reductions below the cost per service unit allowable under
218.15 section 256.966 are permitted only as follows: payments for
218.16 inpatient and outpatient hospital care provided in response to a
218.17 primary diagnosis of chemical dependency or mental illness may
218.18 be reduced no more than 15 percent; payments for all other
218.19 inpatient hospital care may be reduced no more than five percent.
218.20 Reductions below the payments allowable under medical assistance
218.21 for the remaining general assistance medical care services
218.22 allowable under this subdivision may be reduced no more than
218.23 five percent.
218.24 (v) For the period July 1, 1988 to June 30, 1989,
218.25 reductions below the cost per service unit allowable under
218.26 section 256.966 are permitted only as follows: payments for
218.27 inpatient and outpatient hospital care provided in response to a
218.28 primary diagnosis of chemical dependency or mental illness may
218.29 be reduced no more than 15 percent; payments for all other
218.30 inpatient hospital care may not be reduced. Reductions below
218.31 the payments allowable under medical assistance for the
218.32 remaining general assistance medical care services allowable
218.33 under this subdivision may be reduced no more than five percent.
218.34 (f) There shall be no copayment required of any recipient
218.35 of benefits for any services provided under this subdivision. A
218.36 hospital receiving a reduced payment as a result of this section
219.1 may apply the unpaid balance toward satisfaction of the
219.2 hospital's bad debts.
219.3 (g) (f) Any county may, from its own resources, provide
219.4 medical payments for which state payments are not made.
219.5 (h) (g) Chemical dependency services that are reimbursed
219.6 under chapter 254B must not be reimbursed under general
219.7 assistance medical care.
219.8 (i) (h) The maximum payment for new vendors enrolled in the
219.9 general assistance medical care program after the base year
219.10 shall be determined from the average usual and customary charge
219.11 of the same vendor type enrolled in the base year.
219.12 (j) (i) The conditions of payment for services under this
219.13 subdivision are the same as the conditions specified in rules
219.14 adopted under chapter 256B governing the medical assistance
219.15 program, unless otherwise provided by statute or rule.
219.16 EFFECTIVE DATE: This section is effective the day
219.17 following final enactment.
219.18 Sec. 9. Laws 1999, chapter 245, article 1, section 2,
219.19 subdivision 5, is amended to read:
219.20 Subd. 5. Basic Health Care Grants
219.21 Summary by Fund
219.22 General 867,174,000 916,234,000
219.23 Health Care
219.24 Access 116,490,000 145,469,000
219.25 The amounts that may be spent from this
219.26 appropriation for each purpose are as
219.27 follows:
219.28 (a) Minnesota Care Grants-
219.29 Health Care
219.30 Access 116,490,000 145,469,000
219.31 [HOSPITAL INPATIENT COPAYMENTS.] The
219.32 commissioner of human services may
219.33 require hospitals to refund hospital
219.34 inpatient copayments paid by enrollees
219.35 pursuant to Minnesota Statutes, section
219.36 256L.03, subdivision 5, between March
219.37 1, 1999, and December 31, 1999. If the
219.38 commissioner requires hospitals to
219.39 refund these copayments, the hospitals
219.40 shall collect the copayment directly
219.41 from the commissioner.
219.42 [MINNESOTACARE OUTREACH FEDERAL
219.43 MATCHING FUNDS.] Any federal matching
219.44 funds received as a result of the
219.45 MinnesotaCare outreach activities
220.1 authorized by Laws 1997, chapter 225,
220.2 article 7, section 2, subdivision 1,
220.3 shall be deposited in the health care
220.4 access fund and dedicated to the
220.5 commissioner to be used for those
220.6 outreach purposes.
220.7 [FEDERAL RECEIPTS FOR ADMINISTRATION.]
220.8 Receipts received as a result of
220.9 federal participation pertaining to
220.10 administrative costs of the Minnesota
220.11 health care reform waiver shall be
220.12 deposited as nondedicated revenue in
220.13 the health care access fund. Receipts
220.14 received as a result of federal
220.15 participation pertaining to grants
220.16 shall be deposited in the federal fund
220.17 and shall offset health care access
220.18 funds for payments to providers.
220.19 [HEALTH CARE ACCESS FUND.] The
220.20 commissioner may expend money
220.21 appropriated from the health care
220.22 access fund for MinnesotaCare in either
220.23 fiscal year of the biennium.
220.24 (b) MA Basic Health Care Grants-
220.25 Families and Children
220.26 General 307,053,000 320,112,000
220.27 [COMMUNITY DENTAL CLINICS.] Of this
220.28 appropriation, $600,000 in fiscal year
220.29 2000 is for the commissioner to provide
220.30 start-up grants to establish community
220.31 dental clinics under Minnesota
220.32 Statutes, section 256B.76, paragraph
220.33 (b), clause (5) (4). The commissioner
220.34 shall award grants and shall require
220.35 grant recipients to match the state
220.36 grant with nonstate funding on a
220.37 one-to-one basis. This is a one-time
220.38 appropriation and shall not become part
220.39 of base level funding for this activity
220.40 for the 2002-2003 biennium.
220.41 (c) MA Basic Health Care Grants-
220.42 Elderly & Disabled
220.43 General 404,814,000 451,928,000
220.44 [SURCHARGE COMPLIANCE.] In the event
220.45 that federal financial participation in
220.46 the Minnesota medical assistance
220.47 program is reduced as a result of a
220.48 determination that the surcharge and
220.49 intergovernmental transfers governed by
220.50 Minnesota Statutes, sections 256.9657
220.51 and 256B.19 are out of compliance with
220.52 United States Code, title 42, section
220.53 1396b(w), or its implementing
220.54 regulations or with any other federal
220.55 law designed to restrict provider tax
220.56 programs or intergovernmental
220.57 transfers, the commissioner shall
220.58 appeal the determination to the fullest
220.59 extent permitted by law and may ratably
220.60 reduce all medical assistance and
220.61 general assistance medical care
220.62 payments to providers other than the
220.63 state of Minnesota in order to
221.1 eliminate any shortfall resulting from
221.2 the reduced federal funding. Any
221.3 amount later recovered through the
221.4 appeals process shall be used to
221.5 reimburse providers for any ratable
221.6 reductions taken.
221.7 [BLOOD PRODUCTS LITIGATION.] To the
221.8 extent permitted by federal law,
221.9 Minnesota Statutes, section 256.015,
221.10 256B.042, and 256B.15, are waived as
221.11 necessary for the limited purpose of
221.12 resolving the state's claims in
221.13 connection with In re Factor VIII or IX
221.14 Concentrate Blood Products Litigation,
221.15 MDL-986, No. 93-C7452 (N.D.III.).
221.16 (d) General Assistance Medical Care
221.17 General 141,805,000 128,012,000
221.18 (e) Basic Health Care - Nonentitlement
221.19 General 13,502,000 16,182,000
221.20 [DENTAL ACCESS GRANT.] Of this
221.21 appropriation, $75,000 is from the
221.22 general fund to the commissioner in
221.23 fiscal year 2000 for a grant to a
221.24 nonprofit dental provider group
221.25 operating a dental clinic in Clay
221.26 county. The grant must be used to
221.27 increase access to dental services for
221.28 recipients of medical assistance,
221.29 general assistance medical care, and
221.30 the MinnesotaCare program in the
221.31 northwest area of the state. This
221.32 appropriation is available the day
221.33 following final enactment.
221.34 EFFECTIVE DATE: This section is effective the day
221.35 following final enactment.
221.36 Sec. 11. Laws 1999, chapter 245, article 1, section 2,
221.37 subdivision 8, is amended to read:
221.38 Subd. 8. Continuing Care and
221.39 Community Support Grants
221.40 General 1,174,195,000 1,259,767,000
221.41 Lottery Prize 1,158,000 1,158,000
221.42 The amounts that may be spent from this
221.43 appropriation for each purpose are as
221.44 follows:
221.45 (a) Community Social Services
221.46 Block Grants
221.47 42,597,000 43,498,000
221.48 [CSSA TRADITIONAL APPROPRIATION.]
221.49 Notwithstanding Minnesota Statutes,
221.50 section 256E.06, subdivisions 1 and 2,
221.51 the appropriations available under that
221.52 section in fiscal years 2000 and 2001
221.53 must be distributed to each county
221.54 proportionately to the aid received by
222.1 the county in calendar year 1998. The
222.2 commissioner, in consultation with
222.3 counties, shall study the formula
222.4 limitations in subdivision 2 of that
222.5 section, and report findings and any
222.6 recommendations for revision of the
222.7 CSSA formula and its formula limitation
222.8 provisions to the legislature by
222.9 January 15, 2000.
222.10 (b) Consumer Support Grants
222.11 1,123,000 1,123,000
222.12 (c) Aging Adult Service Grants
222.13 7,965,000 7,765,000
222.14 [LIVING-AT-HOME/BLOCK NURSE PROGRAM.]
222.15 Of the general fund appropriation,
222.16 $120,000 in fiscal year 2000 and
222.17 $120,000 in fiscal year 2001 is for the
222.18 commissioner to provide funding to six
222.19 additional living-at-home/block nurse
222.20 programs. This appropriation shall
222.21 become part of the base for the
222.22 2002-2003 biennium.
222.23 [MINNESOTA SENIOR SERVICE CORPS.] Of
222.24 this appropriation, $160,000 for the
222.25 biennium is from the general fund to
222.26 the commissioner for the following
222.27 purposes:
222.28 (a) $40,000 in fiscal year 2000 and
222.29 $40,000 in fiscal year 2001 is to
222.30 increase the hourly stipend by ten
222.31 cents per hour in the foster
222.32 grandparent program, the retired and
222.33 senior volunteer program, and the
222.34 senior companion program.
222.35 (b) $40,000 in fiscal year 2000 and
222.36 $40,000 in fiscal year 2001 is for a
222.37 grant to the tri-valley opportunity
222.38 council in Crookston to expand services
222.39 in the ten-county area of northwestern
222.40 Minnesota.
222.41 (c) This appropriation shall become
222.42 part of the base for the 2002-2003
222.43 biennium.
222.44 [HEALTH INSURANCE COUNSELING.] Of this
222.45 appropriation, $100,000 in fiscal year
222.46 2000 and $100,000 in fiscal year 2001
222.47 is from the general fund to the
222.48 commissioner to transfer to the board
222.49 on aging for the purpose of awarding
222.50 health insurance counseling and
222.51 assistance grants to the area agencies
222.52 on aging providing state-funded health
222.53 insurance counseling services. Access
222.54 to health insurance counseling programs
222.55 shall be provided by the senior linkage
222.56 line service of the board on aging and
222.57 the area agencies on aging. The board
222.58 on aging shall explore opportunities
222.59 for obtaining alternative funding from
222.60 nonstate sources, including
222.61 contributions from individuals seeking
223.1 health insurance counseling services.
223.2 This is a one-time appropriation and
223.3 shall not become part of base level
223.4 funding for this activity for the
223.5 2002-2003 biennium.
223.6 (d) Deaf and Hard-of-Hearing
223.7 Services Grants
223.8 1,859,000 1,760,000
223.9 [SERVICES TO DEAF PERSONS WITH MENTAL
223.10 ILLNESS.] Of this appropriation,
223.11 $100,000 each year is to the
223.12 commissioner for a grant to a nonprofit
223.13 agency that currently serves deaf and
223.14 hard-of-hearing adults with mental
223.15 illness through residential programs
223.16 and supported housing outreach. The
223.17 grant must be used to operate a
223.18 community support program for persons
223.19 with mental illness that is
223.20 communicatively accessible for persons
223.21 who are deaf or hard-of-hearing. This
223.22 is a one-time appropriation and shall
223.23 not become part of base level funding
223.24 for this activity for the 2002-2003
223.25 biennium.
223.26 [DEAF-BLIND ORIENTATION AND MOBILITY
223.27 SERVICES.] Of this appropriation,
223.28 $120,000 for the biennium is to the
223.29 commissioner for a grant to Deaf-Blind
223.30 Services Minnesota to hire an
223.31 orientation and mobility specialist to
223.32 work with deaf-blind people. The
223.33 specialist will provide services to
223.34 deaf-blind Minnesotans, and training to
223.35 teachers and rehabilitation counselors,
223.36 on a statewide basis. This is a
223.37 one-time appropriation and shall not
223.38 become part of base level funding for
223.39 this activity for the 2002-2003
223.40 biennium.
223.41 (e) Mental Health Grants
223.42 General 45,169,000 46,528,000
223.43 Lottery Prize 1,158,000 1,158,000
223.44 [CRISIS HOUSING.] Of the general fund
223.45 appropriation, $126,000 in fiscal year
223.46 2000 and $150,000 in fiscal year 2001
223.47 is to the commissioner for the adult
223.48 mental illness crisis housing
223.49 assistance program under Minnesota
223.50 Statutes, section 245.99. This
223.51 appropriation shall become part of the
223.52 base for the 2002-2003 biennium.
223.53 [ADOLESCENT COMPULSIVE GAMBLING GRANT.]
223.54 $150,000 in fiscal year 2000 and
223.55 $150,000 in fiscal year 2001 is
223.56 appropriated from the lottery prize
223.57 fund created under Minnesota Statutes,
223.58 section 349A.10, subdivision 2, to the
223.59 commissioner for the purposes of a
223.60 grant to a compulsive gambling council
223.61 located in St. Louis county for a
223.62 statewide compulsive gambling
224.1 prevention and education project for
224.2 adolescents.
224.3 (f) Developmental Disabilities
224.4 Community Support Grants
224.5 9,323,000 10,958,000
224.6 [CRISIS INTERVENTION PROJECT.] Of this
224.7 appropriation, $40,000 in fiscal year
224.8 2000 is to the commissioner for the
224.9 action, support, and prevention project
224.10 of southeastern Minnesota.
224.11 [SILS FUNDING.] Of this appropriation,
224.12 $1,000,000 each year is for
224.13 semi-independent living services under
224.14 Minnesota Statutes, section 252.275.
224.15 This appropriation must be added to the
224.16 base level funding for this activity
224.17 for the 2002-2003 biennium. Unexpended
224.18 funds for fiscal year 2000 do not
224.19 cancel but are available to the
224.20 commissioner for this purpose in fiscal
224.21 year 2001.
224.22 [FAMILY SUPPORT GRANTS.] Of this
224.23 appropriation, $1,000,000 in fiscal
224.24 year 2000 and $2,500,000 in fiscal year
224.25 2001 is to increase the availability of
224.26 family support grants under Minnesota
224.27 Statutes, section 252.32. This
224.28 appropriation must be added to the base
224.29 level funding for this activity for the
224.30 2002-2003 biennium. Unexpended funds
224.31 for fiscal year 2000 do not cancel but
224.32 are available to the commissioner for
224.33 this purpose in fiscal year 2001.
224.34 (g) Medical Assistance Long-Term
224.35 Care Waivers and Home Care
224.36 349,052,000 414,240,000
224.37 [PROVIDER RATE INCREASES.] (a) The
224.38 commissioner shall increase
224.39 reimbursement rates by four percent the
224.40 first year of the biennium and by three
224.41 percent the second year for the
224.42 providers listed in paragraph (b). The
224.43 increases shall be effective for
224.44 services rendered on or after July 1 of
224.45 each year.
224.46 (b) The rate increases described in
224.47 this section shall be provided to home
224.48 and community-based waivered services
224.49 for persons with mental retardation or
224.50 related conditions under Minnesota
224.51 Statutes, section 256B.501; home and
224.52 community-based waivered services for
224.53 the elderly under Minnesota Statutes,
224.54 section 256B.0915; waivered services
224.55 under community alternatives for
224.56 disabled individuals under Minnesota
224.57 Statutes, section 256B.49; community
224.58 alternative care waivered services
224.59 under Minnesota Statutes, section
224.60 256B.49; traumatic brain injury
224.61 waivered services under Minnesota
224.62 Statutes, section 256B.49; nursing
225.1 services and home health services under
225.2 Minnesota Statutes, section 256B.0625,
225.3 subdivision 6a; personal care services
225.4 and nursing supervision of personal
225.5 care services under Minnesota Statutes,
225.6 section 256B.0625, subdivision 19a;
225.7 private-duty nursing services under
225.8 Minnesota Statutes, section 256B.0625,
225.9 subdivision 7; day training and
225.10 habilitation services for adults with
225.11 mental retardation or related
225.12 conditions under Minnesota Statutes,
225.13 sections 252.40 to 252.46; alternative
225.14 care services under Minnesota Statutes,
225.15 section 256B.0913; adult residential
225.16 program grants under Minnesota Rules,
225.17 parts 9535.2000 to 9535.3000; adult and
225.18 family community support grants under
225.19 Minnesota Rules, parts 9535.1700 to
225.20 9535.1760; semi-independent living
225.21 services under Minnesota Statutes,
225.22 section 252.275, including SILS funding
225.23 under county social services grants
225.24 formerly funded under Minnesota
225.25 Statutes, chapter 256I; and community
225.26 support services for deaf and
225.27 hard-of-hearing adults with mental
225.28 illness who use or wish to use sign
225.29 language as their primary means of
225.30 communication.
225.31 (c) The commissioner shall increase
225.32 reimbursement rates by two percent for
225.33 the group residential housing
225.34 supplementary service rate under
225.35 Minnesota Statutes, section 256I.05,
225.36 subdivision 1a, for services rendered
225.37 on or after January 1, 2000.
225.38 (d) Providers that receive a rate
225.39 increase under this section shall use
225.40 at least 80 percent of the additional
225.41 revenue to increase the compensation
225.42 paid to employees other than the
225.43 administrator and central office staff.
225.44 (e) A copy of the provider's plan for
225.45 complying with paragraph (d) must be
225.46 made available to all employees. This
225.47 must be done by giving each employee a
225.48 copy or by posting it in an area of the
225.49 provider's operation to which all
225.50 employees have access. If an employee
225.51 does not receive the salary adjustment
225.52 described in the plan and is unable to
225.53 resolve the problem with the provider,
225.54 the employee may contact the employee's
225.55 union representative. If the employee
225.56 is not covered by a collective
225.57 bargaining agreement, the employee may
225.58 contact the commissioner at a phone
225.59 number provided by the commissioner and
225.60 included in the provider's plan.
225.61 (f) Section 13, sunset of uncodified
225.62 language, does not apply to this
225.63 provision.
225.64 [DEVELOPMENTAL DISABILITIES WAIVER
225.65 SLOTS.] Of this appropriation,
225.66 $1,746,000 in fiscal year 2000 and
226.1 $4,683,000 in fiscal year 2001 is to
226.2 increase the availability of home and
226.3 community-based waiver services for
226.4 persons with mental retardation or
226.5 related conditions.
226.6 (h) Medical Assistance Long-Term
226.7 Care Facilities
226.8 546,228,000 558,349,000
226.9 [MORATORIUM EXCEPTIONS.] Of this
226.10 appropriation, $250,000 in fiscal year
226.11 2000 and $250,000 in fiscal year 2001
226.12 is from the general fund to the
226.13 commissioner for the medical assistance
226.14 costs of moratorium exceptions approved
226.15 by the commissioner of health under
226.16 Minnesota Statutes, section 144A.073.
226.17 Unexpended money appropriated for
226.18 fiscal year 2000 shall not cancel but
226.19 shall be available for fiscal year 2001.
226.20 [NURSING FACILITY OPERATED BY THE RED
226.21 LAKE BAND OF CHIPPEWA INDIANS.] (1) The
226.22 medical assistance payment rates for
226.23 the 47-bed nursing facility operated by
226.24 the Red Lake Band of Chippewa Indians
226.25 must be calculated according to
226.26 allowable reimbursement costs under the
226.27 medical assistance program, as
226.28 specified in Minnesota Statutes,
226.29 section 246.50, and are subject to the
226.30 facility-specific Medicare upper limits.
226.31 (2) In addition, the commissioner shall
226.32 make available an operating payment
226.33 rate adjustment effective July 1, 1999,
226.34 and July 1, 2000, that is equal to the
226.35 adjustment provided under Minnesota
226.36 Statutes, section 256B.431, subdivision
226.37 28. The commissioner must use the
226.38 facility's final 1998 and 1999 Medicare
226.39 cost reports, respectively, to
226.40 calculate the adjustment. The
226.41 adjustment shall be available based on
226.42 a plan submitted and approved according
226.43 to Minnesota Statutes, section
226.44 256B.431, subdivision 28. Section 13,
226.45 sunset of uncodified language, does not
226.46 apply to this paragraph.
226.47 [COSTS RELATED TO FACILITY
226.48 CERTIFICATION.] Of this appropriation,
226.49 $168,000 is for the costs of providing
226.50 one-half the state share of medical
226.51 assistance reimbursement for
226.52 residential and day habilitation
226.53 services under article 3, section 39 43.
226.54 This amount is available the day
226.55 following final enactment.
226.56 (i) Alternative Care Grants
226.57 General 60,873,000 59,981,000
226.58 [ALTERNATIVE CARE TRANSFER.] Any money
226.59 allocated to the alternative care
226.60 program that is not spent for the
226.61 purposes indicated does not cancel but
226.62 shall be transferred to the medical
227.1 assistance account.
227.2 [PREADMISSION SCREENING AMOUNT.] The
227.3 preadmission screening payment to all
227.4 counties shall continue at the payment
227.5 amount in effect for fiscal year 1999.
227.6 [ALTERNATIVE CARE APPROPRIATION.] The
227.7 commissioner may expend the money
227.8 appropriated for the alternative care
227.9 program for that purpose in either year
227.10 of the biennium.
227.11 (j) Group Residential Housing
227.12 General 66,477,000 70,390,000
227.13 [GROUP RESIDENTIAL FACILITY FOR WOMEN
227.14 IN RAMSEY COUNTY.] (a) Notwithstanding
227.15 Minnesota Statutes 1998, section
227.16 256I.05, subdivision 1d, the new 23-bed
227.17 group residential facility for women in
227.18 Ramsey county, with approval by the
227.19 county agency, may negotiate a
227.20 supplementary service rate in addition
227.21 to the board and lodging rate for
227.22 facilities licensed and registered by
227.23 the Minnesota department of health
227.24 under Minnesota Statutes, section 15.17
227.25 157.17. The supplementary service rate
227.26 shall not exceed $564 per person per
227.27 month and the total rate may not exceed
227.28 $1,177 per person per month.
227.29 (b) Of the general fund appropriation,
227.30 $19,000 in fiscal year 2000 and $38,000
227.31 in fiscal year 2001 is to the
227.32 commissioner for the costs associated
227.33 with paragraph (a). This appropriation
227.34 shall become part of the base for the
227.35 2002-2003 biennium.
227.36 (k) Chemical Dependency
227.37 Entitlement Grants
227.38 General 36,751,000 38,847,000
227.39 (l) Chemical Dependency
227.40 Nonentitlement Grants
227.41 General 6,778,000 6,328,000
227.42 [CHEMICAL DEPENDENCY SERVICES.] Of this
227.43 appropriation, $450,000 in fiscal year
227.44 2000 is to the commissioner for
227.45 chemical dependency services to persons
227.46 who qualify under Minnesota Statutes,
227.47 section 254B.04, subdivision 1,
227.48 paragraph (b).
227.49 EFFECTIVE DATE: This section is effective the day
227.50 following final enactment.
227.51 Sec. 10. Laws 1999, chapter 245, article 4, section 121,
227.52 is amended to read:
227.53 Sec. 121. [EFFECTIVE DATE.]
227.54 (a) Sections 3, 4, 5, 45, 95, and 97, subdivision 3,
228.1 paragraph (d), are effective July 1, 2000.
228.2 (b) Section 56 is effective upon federal approval.
228.3 EFFECTIVE DATE: This section is effective the day
228.4 following final enactment.
228.5 Sec. 11. [REPEALER.]
228.6 (a) Minnesota Statutes 1999 Supplement, section 144.396,
228.7 subdivision 13, is repealed.
228.8 (b) Laws 1997, chapter 203, article 7, section 27, is
228.9 repealed.
228.10 EFFECTIVE DATE: This section is effective the day
228.11 following final enactment.
228.12 ARTICLE 12
228.13 STATE GOVERNMENT
228.14 APPROPRIATIONS
228.15 Section 1. [APPROPRIATIONS.]
228.16 The sums shown in the columns marked "APPROPRIATIONS" are
228.17 appropriated from the general fund, or any other fund named, to
228.18 the agencies and for the purposes specified in this article, to
228.19 be available for the fiscal years indicated for each purpose.
228.20 The figures "2000" and "2001" mean that the appropriation or
228.21 appropriations listed under them are available for the fiscal
228.22 year ending June 30, 2000, or June 30, 2001, respectively, and
228.23 if an earlier appropriation was made for that purpose for that
228.24 year, the appropriation in this article is added to it. Where a
228.25 dollar amount appears in parentheses, it means a reduction of an
228.26 earlier appropriation for that purpose for that year.
228.27 SUMMARY BY FUND
228.28 BIENNIAL
228.29 2000 2001 TOTAL
228.30 General $ 2,994,000 $ (524,000) $ 2,470,000
228.31 Special Revenue -0- 249,000 249,000
228.32 TOTAL $ 2,994,000 $ (275,000) $ 2,719,000
228.33 APPROPRIATIONS
228.34 Available for the Year
228.35 Ending June 30
228.36 2000 2001
228.37 $ $
228.38 Sec. 2. SECRETARY OF STATE 4,000,000 -0-
229.1 To construct and maintain the Uniform
229.2 Commercial Code central filing system
229.3 required by Laws 2000, chapter 399, to
229.4 be available until June 30, 2001.
229.5 Sec. 3. OFFICE OF STRATEGIC AND
229.6 LONG-RANGE PLANNING 200,000 -0-
229.7 For grants of $50,000 each to regional
229.8 development commissions or, in regions
229.9 not served by regional development
229.10 commissions, to regional organizations
229.11 selected by the director, to support
229.12 planning work on behalf of local units
229.13 of government. A region that received
229.14 a grant from the appropriation in Laws
229.15 1999, chapter 250, article 1, section
229.16 11 or 14, for regional planning is not
229.17 eligible to receive a grant from this
229.18 appropriation. This appropriation is
229.19 available until June 30, 2001. The
229.20 planning work must include, but need
229.21 not be limited to:
229.22 (1) development of local zoning
229.23 ordinances;
229.24 (2) land use plans;
229.25 (3) community or economic development
229.26 plans;
229.27 (4) transportation and transit plans;
229.28 (5) solid waste management plans;
229.29 (6) wastewater management plans;
229.30 (7) workforce development plans;
229.31 (8) housing development plans or market
229.32 analysis;
229.33 (9) rural health service and senior
229.34 nutrition plans; or
229.35 (10) natural resources management plans.
229.36 Sec. 4. ADMINISTRATION
229.37 Subdivision 1. Office of
229.38 Technology Long-Range Plan
229.39 Notwithstanding Laws 1999, chapter 250,
229.40 article 1, section 12, subdivision 3,
229.41 the appropriation for the second year
229.42 is available for expenditure.
229.43 Subd. 2. Metropolitan
229.44 Radio Board -0- 249,000
229.45 This appropriation is from the special
229.46 revenue fund.
229.47 This appropriation is canceled if a law
229.48 is enacted authorizing a statewide 800
229.49 megahertz radio system.
229.50 Subd. 3. Year 2000 Contingency Surplus
229.51 Notwithstanding Laws 1999, chapter 250,
230.1 article 1, section 12, subdivision 4,
230.2 of the unexpended balance of the
230.3 appropriation to address year 2000
230.4 changes, $1,400,000 is reappropriated
230.5 to enable the electronic delivery of
230.6 government services and $600,000 is
230.7 added to the appropriation to the
230.8 commissioner of revenue for the income
230.9 tax reengineering initiative in Laws
230.10 1999, chapter 250, article 1, section
230.11 16, subdivision 2. These
230.12 appropriations are available until June
230.13 30, 2003.
230.14 Subd. 4. Data Practices Base Adjustment
230.15 If H.F. No. 3501 is enacted by the 2000
230.16 legislature, the commissioner of
230.17 finance shall not treat any costs
230.18 imposed by it as a base adjustment to
230.19 the budget of the department of
230.20 administration for fiscal year 2002 or
230.21 2003.
230.22 Subd. 5. Facilities Management -0- 1,268,000
230.23 To be added to the appropriation for
230.24 office space costs of the legislature
230.25 and veterans organizations, for
230.26 ceremonial space, and for statutorily
230.27 free space, in Laws 1999, chapter 250,
230.28 article 1, section 12, subdivision 5.
230.29 This is a one-time appropriation.
230.30 Sec. 5. CAMPAIGN FINANCE AND
230.31 DISCLOSURE BOARD 38,000 -0-
230.32 For legal costs for the board's defense
230.33 of a constitutionality challenge, to be
230.34 available until June 30, 2001.
230.35 Sec. 6. EMPLOYEE RELATIONS -0- 100,000
230.36 To pay the costs of conducting the
230.37 postretirement and active employee
230.38 health care study and preparing the
230.39 report required by 2000 S.F. No. 2796,
230.40 article 5, section 1. The retirement
230.41 funds participating in the study may
230.42 contribute a total of $100,000
230.43 additional money to help pay these
230.44 costs.
230.45 Sec. 7. GAMBLING CONTROL
230.46 BOARD 90,000 -0-
230.47 For workers' compensation claims.
230.48 Money not expended in the first year is
230.49 available for expenditure in the second
230.50 year.
230.51 Sec. 8. MINNEAPOLIS EMPLOYEES
230.52 RETIREMENT FUND (1,334,000) (1,892,000)
230.53 This is a reduction in payments made to
230.54 the Minneapolis employees retirement
230.55 fund under Minnesota Statutes, section
230.56 422A.101, subdivision 3. The reduction
230.57 for fiscal year 2002 is estimated to be
230.58 $1,892,000 and the reduction for fiscal
230.59 year 2003 is estimated to be $1,892,000.
231.1 Sec. 9. Minnesota Statutes 1999 Supplement, section
231.2 16A.103, subdivision 1, is amended to read:
231.3 Subdivision 1. [STATE REVENUE AND EXPENDITURES.] In
231.4 February and November each year, the commissioner shall prepare
231.5 a forecast of state revenue and expenditures. The November
231.6 forecast must be delivered to the legislature and governor no
231.7 later than the end of the first week of December. The February
231.8 forecast must be delivered to the legislature and governor by
231.9 the end of February. Forecasts must be delivered to the
231.10 legislature and governor on the same day. If requested by the
231.11 legislative commission on planning and fiscal policy, delivery
231.12 to the legislature must include a presentation to the commission.
231.13 Subd. 1a. [FORECAST PARAMETERS.] The forecast must assume
231.14 the continuation of current laws and reasonable estimates of
231.15 projected growth in the national and state economies and
231.16 affected populations. Revenue must be estimated for all sources
231.17 provided for in current law. Expenditures must be estimated for
231.18 all obligations imposed by law and those projected to occur as a
231.19 result of inflation and variables outside the control of the
231.20 legislature.
231.21 Subd. 1b. [FORECAST VARIABLE.] In determining the rate of
231.22 inflation, the application of inflation, the amount of state
231.23 bonding as it affects debt service, the calculation of
231.24 investment income, and the other variables to be included in the
231.25 expenditure part of the forecast, the commissioner must consult
231.26 with the chair chairs and lead minority members of the senate
231.27 state government finance committee, and the chair of the house
231.28 committee on ways and means committee, and house and
231.29 senate legislative fiscal staff. This consultation must occur
231.30 at least three weeks before the forecast is to be released. No
231.31 later than two weeks prior to the release of the forecast, the
231.32 commissioner must inform the chairs and lead minority members of
231.33 the senate state government finance committee and the house ways
231.34 and means committee, and legislative fiscal staff of any changes
231.35 in these variables from the previous forecast.
231.36 Subd. 1c. [EXPENDITURE DATA.] State agencies must submit
232.1 any revisions in expenditure data the commissioner determines
232.2 necessary for the forecast to the commissioner at least four
232.3 weeks prior to the release of the forecast. The information
232.4 submitted by state agencies and any modifications to that
232.5 information made by the commissioner must be made available to
232.6 legislative fiscal staff no later than three weeks prior to the
232.7 release of the forecast.
232.8 Subd. 1d. [REVENUE DATA.] On a monthly basis, the
232.9 commissioner must provide legislative fiscal staff with an
232.10 update of the previous month's state revenues no later than 12
232.11 days after the end of that month.
232.12 Subd. 1e. [ECONOMIC INFORMATION.] The commissioner must
232.13 review economic information including economic forecasts with
232.14 legislative fiscal staff no later than two weeks before the
232.15 forecast is released. The commissioner must invite the chairs
232.16 and lead minority members of the senate state government finance
232.17 committee and the house ways and means committee, and
232.18 legislative fiscal staff to attend any meetings held with
232.19 outside economic advisors. The commissioner must provide
232.20 legislative fiscal staff with monthly economic forecast
232.21 information received from outside sources.
232.22 Subd. 1f. [PERSONAL INCOME.] In addition, the commissioner
232.23 shall forecast Minnesota personal income for each of the years
232.24 covered by the forecast and include these estimates in the
232.25 forecast documents.
232.26 Subd. 1g. [PERIOD TO BE FORECAST.] A forecast prepared
232.27 during the first fiscal year of a biennium must cover that
232.28 biennium and the next biennium. A forecast prepared during the
232.29 second fiscal year of a biennium must cover that biennium and
232.30 the next two bienniums.
232.31 Sec. 10. Minnesota Statutes 1998, section 16A.11,
232.32 subdivision 3, is amended to read:
232.33 Subd. 3. [PART TWO: DETAILED BUDGET.] (a) Part two of the
232.34 budget, the detailed budget estimates both of expenditures and
232.35 revenues, must contain any statements on the financial plan
232.36 which the governor believes desirable or which may be required
233.1 by the legislature. The detailed estimates shall include the
233.2 governor's budget arranged in tabular form.
233.3 (b) The detailed estimates must include a separate line
233.4 listing the total number of professional or technical service
233.5 contracts and the total cost of those contracts for the prior
233.6 biennium and the projected number of professional or technical
233.7 service contracts and the projected costs of those contracts for
233.8 the current and upcoming biennium. They must also include a
233.9 summary of the personnel employed by the agency, reflected as
233.10 full-time equivalent positions, and the number of professional
233.11 or technical service consultants for the current biennium.
233.12 (c) The detailed estimates for internal service funds must
233.13 include the number of full-time equivalents by program; detail
233.14 on any loans from the general fund, including dollar amounts by
233.15 program; proposed investments in technology or equipment of
233.16 $100,000 or more; an explanation of any operating losses or
233.17 increases in retained earnings; and a history of the rates that
233.18 have been charged, with an explanation of any rate changes and
233.19 the impact of the rate changes on affected agencies.
233.20 Sec. 11. Minnesota Statutes 1998, section 16A.126,
233.21 subdivision 2, is amended to read:
233.22 Subd. 2. [IMMEDIATE NEEDS.] To reduce reserves for
233.23 unforeseen needs, and so reduce these rates, the commissioner
233.24 may transfer money from the general fund to a revolving fund.
233.25 Before doing so, the commissioner must decide there is not
233.26 enough money in the revolving fund for an immediate, necessary
233.27 expenditure. The amount necessary to make the transfer is
233.28 appropriated from the general fund to the commissioner of
233.29 finance. The commissioner shall report the amount and purpose
233.30 of the transfer to the chair of the committee or division in the
233.31 senate and house of representatives with primary jurisdiction
233.32 over the budget of the department of finance.
233.33 Sec. 12. Minnesota Statutes 1999 Supplement, section
233.34 16A.129, subdivision 3, is amended to read:
233.35 Subd. 3. [CASH ADVANCES.] When the operations of any
233.36 nongeneral fund account would be impeded by projected cash
234.1 deficiencies resulting from delays in the receipt of grants,
234.2 dedicated income, or other similar receivables, and when the
234.3 deficiencies would be corrected within the budget period
234.4 involved, the commissioner of finance may use general fund cash
234.5 reserves to meet cash demands. If funds are transferred from
234.6 the general fund to meet cash flow needs, the cash flow
234.7 transfers must be returned to the general fund as soon as
234.8 sufficient cash balances are available in the account to which
234.9 the transfer was made. The fund to which general fund cash was
234.10 advanced must pay interest on the cash advance at a rate
234.11 comparable to the rate earned by the state on invested
234.12 treasurer's cash, as determined monthly by the commissioner. An
234.13 amount necessary to pay the interest is appropriated from the
234.14 nongeneral fund to which the cash advance was made. Any
234.15 interest earned on general fund cash flow transfers accrues to
234.16 the general fund and not to the accounts or funds to which the
234.17 transfer was made. The commissioner may advance general fund
234.18 cash reserves to nongeneral fund accounts where the receipts
234.19 from other governmental units cannot be collected within the
234.20 budget period.
234.21 Sec. 13. [16A.633] [CAPITAL FUNDING CONTINGENT ON
234.22 MAINTAINING DATA.]
234.23 Subdivision 1. [STATE AGENCIES.] Each state agency shall
234.24 provide to the commissioner of administration the data necessary
234.25 for the commissioner to maintain the department's database on
234.26 the location, description, and condition of state-owned
234.27 facilities. The data must be provided by September 1 each
234.28 year. The commissioner of administration must maintain both the
234.29 current inventory data and historical data. A state agency is
234.30 not eligible to receive capital funding unless the agency has
234.31 provided the data required.
234.32 Subd. 2. [MINNESOTA STATE COLLEGES AND UNIVERSITIES.] The
234.33 board of trustees of the Minnesota state colleges and
234.34 universities shall establish and maintain data on the location,
234.35 description, and condition of board-owned facilities that is
234.36 comparable with the database established by the department of
235.1 administration. The data must be updated annually and the board
235.2 must maintain both current inventory data and historical data.
235.3 The board is not eligible to receive capital funding unless the
235.4 board has established and maintains the data required.
235.5 Subd. 3. [UNIVERSITY OF MINNESOTA.] The board of regents
235.6 of the University of Minnesota is requested to establish and
235.7 maintain data on the location, description, and condition of
235.8 university-owned facilities that is comparable with the database
235.9 established by the department of administration. The university
235.10 is requested to update the data annually and maintain both
235.11 current inventory data and historical data. The board of
235.12 regents is not eligible to receive capital funding unless the
235.13 board has established and maintains the data required.
235.14 Sec. 14. Minnesota Statutes 1998, section 16B.052, is
235.15 amended to read:
235.16 16B.052 [AUTHORITY TO TRANSFER FUNDS.]
235.17 The commissioner may, with the approval of the commissioner
235.18 of finance, transfer from an internal service or enterprise fund
235.19 account to another internal service or enterprise fund account,
235.20 any contributed capital appropriated by the legislature. The
235.21 transfer may be made only to provide working capital or positive
235.22 cash flow in the account to which the money is transferred. The
235.23 commissioner shall report the amount and purpose of the transfer
235.24 to the chair of the committee or division in the senate and
235.25 house of representatives with primary jurisdiction over the
235.26 budget of the department of administration. The transfer must
235.27 be repaid within 18 months.
235.28 Sec. 15. Minnesota Statutes 1998, section 16B.48,
235.29 subdivision 4, is amended to read:
235.30 Subd. 4. [REIMBURSEMENTS.] Except as specifically provided
235.31 otherwise by law, each agency shall reimburse intertechnologies
235.32 and general services revolving funds for the cost of all
235.33 services, supplies, materials, labor, and depreciation of
235.34 equipment, including reasonable overhead costs, which the
235.35 commissioner is authorized and directed to furnish an agency.
235.36 The cost of all publications or other materials produced by the
236.1 commissioner and financed from the general services revolving
236.2 fund must include reasonable overhead costs. The commissioner
236.3 of administration shall report the rates to be charged for each
236.4 revolving fund no later than July 1 each year to the chair of
236.5 the committee or division in the senate and house of
236.6 representatives with primary jurisdiction over the budget of the
236.7 department of administration. The commissioner of finance shall
236.8 make appropriate transfers to the revolving funds described in
236.9 this section when requested by the commissioner of
236.10 administration. The commissioner of administration may make
236.11 allotments, encumbrances, and, with the approval of the
236.12 commissioner of finance, disbursements in anticipation of such
236.13 transfers. In addition, the commissioner of administration,
236.14 with the approval of the commissioner of finance, may require an
236.15 agency to make advance payments to the revolving funds in this
236.16 section sufficient to cover the agency's estimated obligation
236.17 for a period of at least 60 days. All reimbursements and other
236.18 money received by the commissioner of administration under this
236.19 section must be deposited in the appropriate revolving fund.
236.20 Any earnings remaining in the fund established to account for
236.21 the documents service prescribed by section 16B.51 at the end of
236.22 each fiscal year not otherwise needed for present or future
236.23 operations, as determined by the commissioners of administration
236.24 and finance, must be transferred to the general fund.
236.25 Sec. 16. Minnesota Statutes 1998, section 16B.485, is
236.26 amended to read:
236.27 16B.485 [INTERFUND LOANS.]
236.28 The commissioner may, with the approval of the commissioner
236.29 of finance, make loans from an internal service or enterprise
236.30 fund to another internal service or enterprise fund, and the
236.31 amount necessary is appropriated from the fund that makes the
236.32 loan. The commissioner shall report the amount and purpose of
236.33 the loan to the chair of the committee or division in the senate
236.34 and house of representatives with primary jurisdiction over the
236.35 budget of the department of administration. The term of a loan
236.36 made under this section must be not more than 24 months.
237.1 Sec. 17. Minnesota Statutes 1998, section 16E.04, is
237.2 amended by adding a subdivision to read:
237.3 Subd. 3. [RISK ASSESSMENT AND MITIGATION.] (a) A risk
237.4 assessment and risk mitigation plan are required for an
237.5 information systems development project estimated to cost more
237.6 than $1,000,000 that is undertaken by a state agency in the
237.7 executive or judicial branch or by a constitutional officer.
237.8 The commissioner of administration must contract with an entity
237.9 outside of state government to conduct the assessment and
237.10 prepare the mitigation plan for a project estimated to cost more
237.11 than $5,000,000. The outside entity conducting the risk
237.12 assessment and preparing the mitigation plan must not have any
237.13 other direct or indirect financial interest in the project. The
237.14 risk assessment and risk mitigation plan must provide for
237.15 periodic monitoring by the commissioner until the project is
237.16 completed.
237.17 (b) The risk assessment and risk mitigation plan must be
237.18 paid for with money appropriated for the information systems
237.19 development project. No more than ten percent of the amount
237.20 anticipated to be spent on the project, other than the money
237.21 spent on the risk assessment and risk mitigation plan, may be
237.22 spent until the risk assessment and mitigation plan are reported
237.23 to the commissioner of administration and the commissioner has
237.24 approved the risk mitigation plan.
237.25 Sec. 18. Minnesota Statutes 1998, section 422A.101,
237.26 subdivision 3, is amended to read:
237.27 Subd. 3. [STATE CONTRIBUTIONS.] (a) Subject to the
237.28 limitation set forth in paragraph (c), the state shall pay to
237.29 the Minneapolis employees retirement fund annually an amount
237.30 equal to the amount calculated under paragraph (b).
237.31 (b) The payment amount is an amount equal to the financial
237.32 requirements of the Minneapolis employees retirement fund
237.33 reported in the actuarial valuation of the fund prepared by the
237.34 commission-retained actuary pursuant to section 356.215 for the
237.35 most recent year but based on a target date for full
237.36 amortization of the unfunded actuarial accrued liabilities by
238.1 June 30, 2020, less the amount of employee contributions
238.2 required pursuant to section 422A.10, and the amount of employer
238.3 contributions required pursuant to subdivisions 1a, 2, and 2a.
238.4 Payments shall be made in four equal installments, occurring on
238.5 March 15, July 15, September 15, and November 15 annually.
238.6 (c) The annual state contribution under this subdivision
238.7 may not exceed $10,455,000 through fiscal year 1998 and
238.8 $9,000,000 beginning in fiscal year 1999, plus the cost of the
238.9 annual supplemental benefit determined under section 356.865.
238.10 (d) If the amount determined under paragraph (b) exceeds
238.11 $11,910,000, the excess must be allocated to and paid to the
238.12 fund by the employers identified in subdivisions 1a and 2, other
238.13 than units of metropolitan government. Each employer's share of
238.14 the excess is proportionate to the employer's share of the
238.15 fund's unfunded actuarial accrued liability as disclosed in the
238.16 annual actuarial valuation prepared by the actuary retained by
238.17 the legislative commission on pensions and retirement compared
238.18 to the total unfunded actuarial accrued liability attributed to
238.19 all employers identified in subdivisions 1a and 2, other than
238.20 units of metropolitan government. Payments must be made in
238.21 equal installments as set forth in paragraph (b).
238.22 Sec. 19. Laws 1999, chapter 250, article 1, section 11, is
238.23 amended to read:
238.24 Sec. 11. OFFICE OF STRATEGIC
238.25 AND LONG-RANGE PLANNING 6,891,000 4,417,000
238.26 $100,000 the first year is to integrate
238.27 the office's information technology and
238.28 is available until June 30, 2003. The
238.29 director shall report on the progress
238.30 of the unit to the chairs of the
238.31 legislative committees responsible for
238.32 this budget item by January 15, 2000,
238.33 2001, and 2002.
238.34 $1,600,000 the first year is for a
238.35 generic environmental impact statement
238.36 on animal agriculture.
238.37 $200,000 the first year is to perform
238.38 program evaluations of agencies in the
238.39 executive branch.
238.40 The program evaluation division will
238.41 report to the legislature by December
238.42 1, 2000, ways to reduce state
238.43 government expenditures by five to ten
238.44 percent.
239.1 $100,000 the first year is to provide
239.2 administrative support to
239.3 community-based planning efforts.
239.4 $150,000 the first year is for a grant
239.5 of $50,000 to the southwest regional
239.6 development commission for the
239.7 continuation of the pilot program and
239.8 two additional grants of $50,000 each
239.9 to regional development commissions or,
239.10 in regions not served by regional
239.11 development commissions, to regional
239.12 organizations selected by the director
239.13 of strategic and long-range planning,
239.14 to support planning work on behalf of
239.15 local units of government. The
239.16 planning work shall include, but need
239.17 not be limited to:
239.18 (1) development of local zoning
239.19 ordinances;
239.20 (2) land use plans;
239.21 (3) community or economic development
239.22 plans;
239.23 (4) transportation and transit plans;
239.24 (5) solid waste management plans;
239.25 (6) wastewater management plans;
239.26 (7) workforce development plans;
239.27 (8) housing development plans and/or
239.28 market analysis;
239.29 (9) rural health service plans;
239.30 (10) natural resources management
239.31 plans; or
239.32 (11) development of geographical
239.33 information systems database to serve a
239.34 region's needs, including hardware and
239.35 software purchases and related labor
239.36 costs.
239.37 $200,000 the first year is to prepare
239.38 the generic environmental impact
239.39 statement on urban development required
239.40 by section 108. Any unencumbered
239.41 balance remaining in the first year
239.42 does not cancel and is available for
239.43 the second year of the biennium.
239.44 $24,000 the first year is for the
239.45 southwest Minnesota wind monitoring
239.46 project.
239.47 $100,000 the first year is for a grant
239.48 to the city of Mankato to complete the
239.49 Mankato area growth management and
239.50 planning study, phase 2. The
239.51 appropriation is available until June
239.52 30, 2002. The appropriation must be
239.53 matched by an in-kind donation of
239.54 $100,000 in administrative, technical,
239.55 and higher educational internship
239.56 support and supervision. The value of
240.1 the in-kind donations must be
240.2 determined by the commissioner of
240.3 finance.
240.4 The city shall serve as fiscal agent to
240.5 complete the study under the 1997
240.6 regional planning joint powers
240.7 agreement among the cities of Mankato,
240.8 North Mankato, and Eagle Lake; the
240.9 counties of Nicollet and Blue Earth;
240.10 and the towns of Mankato, South Bend,
240.11 Lime, Decoria, and Belgrade, without
240.12 limitation on the rights of the parties
240.13 to that agreement to add or remove
240.14 members. The study is intended as an
240.15 alternative to community-based
240.16 planning. The study is intended to
240.17 develop information and analysis to
240.18 provide guidance on such issues as:
240.19 (1) the development of joint planning
240.20 agreements to implement a unified
240.21 growth management strategy;
240.22 (2) joint service ventures, such as
240.23 planning or zoning administration in
240.24 urban fringe areas;
240.25 (3) orderly growth and annexation
240.26 agreements between cities and
240.27 townships;
240.28 (4) feedlot regulations in urban fringe
240.29 areas and future growth corridors;
240.30 (5) service strategies for unsewered
240.31 subdivisions;
240.32 (6) other joint ventures for city,
240.33 county, and township service delivery
240.34 in fringe areas;
240.35 (7) feasibility of a rural township
240.36 taxing district; and
240.37 (8) alternatives to the current
240.38 community-based planning legislation
240.39 that would add flexibility and improve
240.40 the planning process.
240.41 The city of Mankato shall report the
240.42 results of the study to the legislature
240.43 by January 15, 2002.
240.44 Sec. 20. Laws 1999, chapter 250, article 1, section 12,
240.45 subdivision 8, is amended to read:
240.46 Subd. 8. Public Broadcasting
240.47 3,443,000 3,330,000
240.48 $1,450,000 the first year and
240.49 $1,450,000 the second year are for
240.50 matching grants for public television.
240.51 $600,000 the first year and $600,000
240.52 the second year are for public
240.53 television equipment needs. Equipment
240.54 grant allocations shall be made after
240.55 considering the recommendations of the
241.1 Minnesota public television association.
241.2 $441,000 the first year and $441,000
241.3 the second year are for grants and for
241.4 contracts with the senate and house of
241.5 representatives for public information
241.6 television, Internet, intranet, and
241.7 other transmission of legislative
241.8 activities. At least one-half must go
241.9 for programming to be broadcast in
241.10 transmitted to rural Minnesota.
241.11 $25,000 the first year and $25,000 the
241.12 second year are for grants to the Twin
241.13 Cities regional cable channel.
241.14 $320,000 the first year and $320,000
241.15 the second year are for community
241.16 service grants to public educational
241.17 radio stations, which must be allocated
241.18 after considering the recommendations
241.19 of the Association of Minnesota Public
241.20 Educational Radio Stations under
241.21 Minnesota Statutes, section 129D.14.
241.22 Of this appropriation, $30,000 the
241.23 first year and $30,000 the second year
241.24 are for station WTIP-FM in Grand
241.25 Marais, which need not meet the
241.26 requirements of Minnesota Statutes,
241.27 section 129D.14, until July 1, 2002.
241.28 $494,000 the first year and $494,000
241.29 the second year are for equipment
241.30 grants to public radio stations. These
241.31 grants must be allocated after
241.32 considering the recommendations of the
241.33 Association of Minnesota Public
241.34 Educational Radio Stations and
241.35 Minnesota Public Radio, Inc.
241.36 If an appropriation for either year for
241.37 grants to public television or radio
241.38 stations is not sufficient, the
241.39 appropriation for the other year is
241.40 available for it.
241.41 Sec. 21. Laws 1999, chapter 250, article 1, section 14,
241.42 subdivision 3, is amended to read:
241.43 Subd. 3. Information and
241.44 Management Services
241.45 16,643,000 9,932,000
241.46 $100,000 the first year is for a grant
241.47 to the city of Mankato to complete the
241.48 Mankato area growth management and
241.49 planning study, phase 2. The
241.50 appropriation is available until June
241.51 30, 2002. The appropriation must be
241.52 matched by an in-kind donation of
241.53 $100,000 in administrative, technical,
241.54 and higher educational internship
241.55 support and supervision. The value of
241.56 the in-kind donations must be
241.57 determined by the commissioner of
241.58 finance.
241.59 The city shall serve as fiscal agent to
241.60 complete the study under the 1997
242.1 regional planning joint powers
242.2 agreement among the cities of Mankato,
242.3 North Mankato, and Eagle Lake; the
242.4 counties of Nicollet and Blue Earth;
242.5 and the towns of Mankato, South Bend,
242.6 Lime, Decoria, and Belgrade, without
242.7 limitation on the rights of the parties
242.8 to that agreement to add or remove
242.9 members. The study is intended as an
242.10 alternative to community-based
242.11 planning. The study is intended to
242.12 develop information and analysis to
242.13 provide guidance on such issues as:
242.14 (1) the development of joint planning
242.15 agreements to implement a unified
242.16 growth management strategy;
242.17 (2) joint service ventures, such as
242.18 planning or zoning administration in
242.19 urban fringe areas;
242.20 (3) orderly growth and annexation
242.21 agreements between cities and
242.22 townships;
242.23 (4) feedlot regulations in urban fringe
242.24 areas and future growth corridors;
242.25 (5) service strategies for unsewered
242.26 subdivisions;
242.27 (6) other joint ventures for city,
242.28 county, and township service delivery
242.29 in fringe areas;
242.30 (7) feasibility of a rural township
242.31 taxing district; and
242.32 (8) alternatives to the current
242.33 community-based planning legislation
242.34 that would add flexibility and improve
242.35 the planning process.
242.36 The city of Mankato shall report the
242.37 results of the study to the legislature
242.38 by January 15, 2002.
242.39 $6,839,000 the first year is a one-time
242.40 appropriation to upgrade the human
242.41 resources and payroll system and is
242.42 available until June 30, 2003. The
242.43 commissioner shall report on the
242.44 progress of this project to the chairs
242.45 of the legislative committees
242.46 responsible for this budget item by
242.47 January 15, 2000, 2001, and 2002.
242.48 The commissioner of finance shall work
242.49 with the commissioners of employee
242.50 relations and administration and shall
242.51 develop as part of the human resource
242.52 and payroll systems upgrade, and submit
242.53 to the chairs of the senate
242.54 governmental operations budget division
242.55 and the house state government finance
242.56 committee by January 15, 2000, a
242.57 long-range plan for the statewide
242.58 business systems: human resources,
242.59 payroll, accounting, and procurement.
242.60 The plan must detail each system's
243.1 original development costs, its
243.2 expected life cycle, the estimated cost
243.3 of upgrading software to newer versions
243.4 during its life cycle, its operating
243.5 costs to date, and the factors that are
243.6 expected to drive future operating
243.7 costs within the departments of
243.8 finance, administration, and employee
243.9 relations. The plan must also include
243.10 an evaluation of and recommendations on
243.11 whether, for the statewide business
243.12 systems, the state should use software
243.13 that is developed and maintained in
243.14 house; proprietary software, either
243.15 modified or unmodified; a private
243.16 vendor; or a particular combination of
243.17 these options.
243.18 The commissioner of finance, in
243.19 consultation with senate and house
243.20 fiscal staff and the commissioner of
243.21 administration, shall develop
243.22 recommendations for inclusion in the
243.23 governor's fiscal year 2002-2003 budget
243.24 document on the presentation of
243.25 internal service funds. The
243.26 commissioner of finance shall submit
243.27 the recommendations to the chairs of
243.28 the senate governmental operations
243.29 budget division and the house state
243.30 government finance committee by January
243.31 15, 2000.
243.32 The department shall prepare a separate
243.33 budget book for the biennium beginning
243.34 July 1, 2001, containing all of the
243.35 administration's technology
243.36 initiatives. The book must also
243.37 include a complete inventory of
243.38 state-owned and leased technology,
243.39 along with a projected replacement
243.40 schedule. The inventory must include
243.41 information on how the technology fits
243.42 into the state's master plan.
243.43 Sec. 22. Laws 1999, chapter 250, article 1, section 18, is
243.44 amended to read:
243.45 Sec. 18. VETERANS AFFAIRS 5,885,000 4,369,000
243.46 $1,544,000 the first year and
243.47 $1,544,000 the second year are for
243.48 emergency financial and medical needs
243.49 of veterans. If the appropriation for
243.50 either year is insufficient, the
243.51 appropriation for the other year is
243.52 available for it.
243.53 $12,000 the first year and $13,000 the
243.54 second year are one-time funding to
243.55 provide grants to local veterans'
243.56 organizations that provide
243.57 transportation services for veterans to
243.58 veterans administration medical
243.59 facilities.
243.60 The commissioner of veterans affairs,
243.61 in cooperation with the board of
243.62 directors of the Minnesota veterans
243.63 homes and the United States Veterans
244.1 Administration, shall study the
244.2 feasibility and desirability of
244.3 supplementing the missions of the
244.4 veterans homes and the Veterans
244.5 Administration hospitals in Minnesota
244.6 by entering into agreements with health
244.7 care providers throughout the state to
244.8 provide free or reduced-cost
244.9 comprehensive health care to veterans
244.10 close to their places of residence as a
244.11 supplement to private health
244.12 insurance. The commissioner shall
244.13 report the results of the study and any
244.14 recommendations to the legislature by
244.15 January 15, 2000.
244.16 With the approval of the commissioner
244.17 of finance, the commissioner of
244.18 veterans affairs may transfer the
244.19 unencumbered balance from the veterans
244.20 relief program to other department
244.21 programs during the fiscal year.
244.22 Before the transfer, the commissioner
244.23 of veterans affairs shall explain why
244.24 the unencumbered balance exists. The
244.25 amounts transferred must be identified
244.26 to the chairs of the senate
244.27 governmental operations budget
244.28 committee and the house state
244.29 government finance committee.
244.30 $275,000 the first year and $275,000
244.31 the second year are for a grant to the
244.32 Vinland National Center.
244.33 $1,485,000 the first year is to make
244.34 bonus payments authorized under
244.35 Minnesota Statutes, section 197.79.
244.36 The appropriation may not be used for
244.37 administrative purposes. The
244.38 appropriation does not expire until the
244.39 commissioner acts on all applications
244.40 submitted under Minnesota Statutes,
244.41 section 197.79.
244.42 $105,000 the first year is to
244.43 administer the bonus program
244.44 established under Minnesota Statutes,
244.45 section 197.79. The appropriation does
244.46 not expire until the commissioner acts
244.47 on all the applications submitted under
244.48 Minnesota Statutes, section 197.79.
244.49 $233,000 the first year and $235,000
244.50 the second year are for grants to
244.51 county veterans offices for training of
244.52 county veterans service officers to
244.53 enhance their effectiveness.
244.54 Sec. 23. [CLARIFICATION; EFFECT ON REPEAL.]
244.55 Laws 1999, chapter 250, article 3, does not repeal rules or
244.56 fees in effect on the day before the effective date of Laws
244.57 1999, chapter 250, article 3.
244.58 Sec. 24. [BASE ADJUSTMENTS PROHIBITED.]
244.59 If a capital project authorized by the 2000 legislature
245.1 causes a change in operating costs for a state agency, the
245.2 commissioner of finance shall not treat that change as a base
245.3 adjustment in the agency's budget for fiscal years 2002 and 2003.
245.4 Sec. 25. [REPEALER.]
245.5 Laws 1999, chapter 250, article 1, section 15, subdivision
245.6 4, is repealed.
245.7 Sec. 26. [EFFECTIVE DATE.]
245.8 Except as otherwise provided in this article, this article
245.9 is effective the day following final enactment. Section 13 is
245.10 effective June 30, 2001. Section 17 is effective the day
245.11 following final enactment and applies to information systems
245.12 development projects that have not progressed beyond initial
245.13 planning and assessment before its effective date.
245.14 ARTICLE 13
245.15 MINNESOTA COMPREHENSIVE HEALTH ASSOCIATION
245.16 Section 1. [MINNESOTA WORKERS' COMPENSATION ASSIGNED RISK
245.17 PLAN SURPLUS UTILIZATION.]
245.18 On January 15, 2001, the commissioner of finance shall
245.19 transfer $15,000,000 in assets of the assigned risk plan to the
245.20 general fund and $15,000,000 is appropriated from the general
245.21 fund to the commissioner of commerce to be paid to the Minnesota
245.22 comprehensive health association for the exclusive purpose of
245.23 reducing the association's operating deficit assessment for
245.24 calendar year 2001.