1.1 CONFERENCE COMMITTEE REPORT ON H.F. NO. 3270
1.2 A bill for an act
1.3 relating to state government; creating office of state
1.4 treasurer and modifying related provisions; providing
1.5 for governor's cabinet and organizing certain
1.6 government agencies; modifying certain fund
1.7 provisions; requiring the commissioner of finance to
1.8 prepare a forecast of state revenues and expenditures
1.9 in July in each even-numbered year; requiring certain
1.10 payments; modifying provisions of constitutional
1.11 officers' salaries; reducing certain appropriations;
1.12 modifying consulting moratorium and hiring freeze
1.13 provisions; amending Minnesota Statutes 2000, sections
1.14 4.06; 8.05; 10.01; 11A.08, subdivision 1; 16A.103,
1.15 subdivision 1; 40A.151, subdivision 1; 40A.152,
1.16 subdivisions 1, 3; 43A.18, subdivision 4; 168A.40,
1.17 subdivision 4, as amended; 204B.11, subdivision 1;
1.18 204D.10, subdivision 2; 209.01, subdivision 2;
1.19 240A.08; 471.975; Minnesota Statutes 2001 Supplement,
1.20 section 16E.09, subdivision 1; Laws 2001, First
1.21 Special Session chapter 10, article 1, section 2,
1.22 subdivision 4; Laws 2002, chapter 220, article 10,
1.23 sections 2; 3; 7; 10, subdivision 3; 16; 36; 37; 38;
1.24 proposing coding for new law in Minnesota Statutes,
1.25 chapters 7; 15; 43A.
1.26 May 15, 2002
1.27 The Honorable Steve Sviggum
1.28 Speaker of the House of Representatives
1.30 The Honorable Don Samuelson
1.31 President of the Senate
1.33 We, the undersigned conferees for H.F. No. 3270, report
1.34 that we have agreed upon the items in dispute and recommend as
1.35 follows:
1.36
1.37 That the Senate recede from its amendments and that H.F. No.
1.38 3270 be further amended as follows:
2.1 Delete everything after the enacting clause and insert:
2.2 "ARTICLE 1
2.3 EDUCATION AID PAYMENT DELAY
2.4 Section 1. Minnesota Statutes 2001 Supplement, section
2.5 124D.11, subdivision 9, is amended to read:
2.6 Subd. 9. [PAYMENT OF AIDS TO CHARTER SCHOOLS.] (a)
2.7 Notwithstanding section 127A.45, subdivision 3, aid payments for
2.8 the current fiscal year to a charter school not in its first
2.9 year of operation shall be of an equal amount on each of the 23
2.10 payment dates. A charter school in its first year of operation
2.11 shall receive, on its first payment date, ten percent of its
2.12 cumulative amount guaranteed for the year and 22 payments of an
2.13 equal amount thereafter the sum of which shall be 90 percent of
2.14 the cumulative amount guaranteed.
2.15 (b) Notwithstanding paragraph (a), for a charter school
2.16 ceasing operation prior to the end of a school year, 90 83
2.17 percent of the amount due for the school year may be paid to the
2.18 school after audit of prior fiscal year and current fiscal year
2.19 pupil counts.
2.20 (c) Notwithstanding section 127A.45, subdivision 3, and
2.21 paragraph (a), 90 83 percent of the start-up cost aid under
2.22 subdivision 8 shall be paid within 45 days after the first day
2.23 of student attendance for that school year.
2.24 (d) In order to receive state aid payments under this
2.25 subdivision, a charter school in its first three years of
2.26 operation must submit a quarterly report to the department of
2.27 children, families, and learning. The report must list each
2.28 student by grade, show the student's start and end dates, if
2.29 any, with the charter school, and for any student participating
2.30 in a learning year program, the report must list the hours and
2.31 times of learning year activities. The report must be submitted
2.32 not more than two weeks after the end of the calendar quarter to
2.33 the department. The department must develop a Web-based
2.34 reporting form for charter schools to use when submitting
2.35 enrollment reports. A charter school in its fourth and
2.36 subsequent year of operation must submit enrollment information
3.1 to the department in the form and manner requested by the
3.2 department.
3.3 Sec. 2. Minnesota Statutes 2000, section 127A.45,
3.4 subdivision 2, is amended to read:
3.5 Subd. 2. [DEFINITIONS.] (a) The term "other district
3.6 receipts" means payments by county treasurers pursuant to
3.7 section 276.10, apportionments from the school endowment fund
3.8 pursuant to section 127A.33, apportionments by the county
3.9 auditor pursuant to section 127A.34, subdivision 2, and payments
3.10 to school districts by the commissioner of revenue pursuant to
3.11 chapter 298.
3.12 (b) The term "cumulative amount guaranteed" means the
3.13 product of
3.14 (1) the cumulative disbursement percentage shown in
3.15 subdivision 3; times
3.16 (2) the sum of
3.17 (i) 90 83 percent of the estimated aid and credit
3.18 entitlements paid according to subdivision 13; plus
3.19 (ii) 100 percent of the entitlements paid according to
3.20 subdivisions 11 and 12; plus
3.21 (iii) the other district receipts; plus
3.22 (iv) the final adjustment payment according to subdivision
3.23 9.
3.24 (c) The term "payment date" means the date on which state
3.25 payments to districts are made by the electronic funds transfer
3.26 method. If a payment date falls on a Saturday, a Sunday, or a
3.27 weekday which is a legal holiday, the payment shall be made on
3.28 the immediately preceding business day. The commissioner may
3.29 make payments on dates other than those listed in subdivision 3,
3.30 but only for portions of payments from any preceding payment
3.31 dates which could not be processed by the electronic funds
3.32 transfer method due to documented extenuating circumstances.
3.33 Sec. 3. Minnesota Statutes 2000, section 127A.45,
3.34 subdivision 3, is amended to read:
3.35 Subd. 3. [PAYMENT DATES AND PERCENTAGES.] (a) For fiscal
3.36 year 2003, the commissioner shall pay to a district on the dates
4.1 indicated an amount computed as follows: the cumulative amount
4.2 guaranteed minus the sum of (a) the district's other district
4.3 receipts through the current payment, and (b) the aid and credit
4.4 payments through the immediately preceding payment. For
4.5 purposes of this computation, the payment dates and the
4.6 cumulative disbursement percentages are as follows:
4.7 Payment date Percentage
4.8 Payment 1 July 15: 4.6 5.1
4.9 Payment 2 July 30: 6.9 7.7
4.10 Payment 3 August 15: the greater of (a) the final
4.11 adjustment for the prior fiscal year for
4.12 the state paid property tax credits
4.13 established in section 273.1392, or
4.14 (b) the amount needed to provide 15.2 percent 16.9
4.15 Payment 4 August 30: 17.4 19.3
4.16 Payment 5 September 15: 19.6 21.8
4.17 Payment 6 September 30: 21.8 24.3
4.18 Payment 7 October 15: the greater of (a) one-half of
4.19 the final adjustment for the prior fiscal year
4.20 for all aid entitlements except state paid
4.21 property tax credits, or (b) the amount needed to
4.22 provide 24 percent 26.3
4.23 Payment 8 October 30: the greater of (a) one-half of the
4.24 final adjustment for the prior fiscal year for all
4.25 aid entitlements except state paid property
4.26 tax credits, or (b) the amount needed
4.27 to provide 27.3 percent 28.3
4.28 Payment 9 November 15: 33.3 32.8
4.29 Payment 10 November 30: 39.3 39.1
4.30 Payment 11 December 15: 42.3 42.4
4.31 Payment 12 December 30: 45.3 45.6
4.32 Payment 13 January 15: 49.5 50.5
4.33 Payment 14 January 30: 53.8 55.0
4.34 Payment 15 February 15: 58.3 60.2
4.35 Payment 16 February 28: 62.8 65.0
4.36 Payment 17 March 15: 67.6 69.7
5.1 Payment 18 March 30: 72.3 74.3
5.2 Payment 19 April 15: 75.3 78.3
5.3 Payment 20 April 30: 81.3 84.2
5.4 Payment 21 May 15: 84.3 88.7
5.5 Payment 22 May 30: 92.3 93.3
5.6 Payment 23 June 20: 100.0
5.7 (b) In addition to the amounts paid under paragraph (a),
5.8 for fiscal year 2003, the commissioner shall pay to a district
5.9 on the dates indicated an amount computed as follows:
5.10 Payment 3 August 15: the final adjustment for the
5.11 prior fiscal year for the state paid
5.12 property tax credits established in
5.13 section 273.1392
5.14 Payment 7 October 15: one-half of the final adjustment
5.15 for the prior fiscal year for all aid
5.16 entitlements except state paid property
5.17 tax credits
5.18 Payment 8 October 30: one-half of the final adjustment
5.19 for the prior fiscal year for all aid
5.20 entitlements except state paid property
5.21 tax credits
5.22 (c) For fiscal year 2004 and later, the commissioner shall
5.23 pay to a district on the dates indicated an amount computed as
5.24 follows: the cumulative amount guaranteed minus the sum of (a)
5.25 the district's other district receipts through the current
5.26 payment, and (b) the aid and credit payments through the
5.27 immediately preceding payment. For purposes of this
5.28 computation, the payment dates and the cumulative disbursement
5.29 percentages are as follows:
5.30 Payment date Percentage
5.31 Payment 1 July 15: 5.1
5.32 Payment 2 July 30: 7.7
5.33 Payment 3 August 15: 16.9
5.34 Payment 4 August 30: 19.3
5.35 Payment 5 September 15: 21.8
5.36 Payment 6 September 30: 24.3
6.1 Payment 7 October 15: 26.3
6.2 Payment 8 October 30: 28.3
6.3 Payment 9 November 15: 30.3
6.4 Payment 10 November 30: 35.0
6.5 Payment 11 December 15: 40.0
6.6 Payment 12 December 30: 43.0
6.7 Payment 13 January 15: 48.0
6.8 Payment 14 January 30: 52.0
6.9 Payment 15 February 15: 56.0
6.10 Payment 16 February 28: 61.0
6.11 Payment 17 March 15: 66.0
6.12 Payment 18 March 30: 72.0
6.13 Payment 19 April 15: 76.0
6.14 Payment 20 April 30: 83.0
6.15 Payment 21 May 15: 88.0
6.16 Payment 22 May 30: 95.0
6.17 Payment 23 June 20: 100.0
6.18 (d) In addition to the amounts paid under paragraph (c),
6.19 for fiscal year 2004 and later, the commissioner shall pay to a
6.20 district on the dates indicated an amount computed as follows:
6.21 Payment 3 August 15: the final adjustment for the
6.22 prior fiscal year for the state paid
6.23 property tax credits established in
6.24 section 273.1392
6.25 Payment 4 August 30: one-third of the final adjustment
6.26 for the prior fiscal year for all aid
6.27 entitlements except state paid property
6.28 tax credits
6.29 Payment 6 September 30: one-third of the final adjustment
6.30 for the prior fiscal year for all aid
6.31 entitlements except state paid property
6.32 tax credits
6.33 Payment 8 October 30: one-third of the final adjustment
6.34 for the prior fiscal year for all aid
6.35 entitlements except state paid property
6.36 tax credits
7.1 Sec. 4. Minnesota Statutes 2000, section 127A.45, is
7.2 amended by adding a subdivision to read:
7.3 Subd. 7a. [ADVANCE FINAL PAYMENT.] (a) Notwithstanding
7.4 subdivisions 3 and 7, a school district or a charter school
7.5 exceeding its expenditure limitations under section 123B.83 as
7.6 of June 30 of the prior fiscal year may receive a portion of its
7.7 final payment for the current fiscal year on June 20, if
7.8 requested by the district. The amount paid under this
7.9 subdivision must not exceed the lesser of:
7.10 (1) seven percent of the district or charter school's
7.11 general education aid for the current fiscal year; or
7.12 (2) the amount by which the district or charter school's
7.13 net negative unreserved general fund balance as of June 30 of
7.14 the prior fiscal year exceeds 2.5 percent of the district or
7.15 charter school's expenditures for that fiscal year.
7.16 (b) The state total advance final payment under this
7.17 subdivision for any year must not exceed $17,500,000. If the
7.18 amount requested exceeds $17,500,000, the advance final payment
7.19 for each eligible district must be reduced proportionately.
7.20 Sec. 5. Minnesota Statutes 2000, section 127A.45,
7.21 subdivision 10, is amended to read:
7.22 Subd. 10. [PAYMENTS TO SCHOOL NONOPERATING FUNDS.] Each
7.23 fiscal year state general fund payments for a district
7.24 nonoperating fund must be made at 90 83 percent of the estimated
7.25 entitlement during the fiscal year of the entitlement. This
7.26 amount shall be paid in 12 equal monthly installments. The
7.27 amount of the actual entitlement, after adjustment for actual
7.28 data, minus the payments made during the fiscal year of the
7.29 entitlement must be paid prior to October 31 of the following
7.30 school year. The commissioner may make advance payments of debt
7.31 service equalization aid or homestead and agricultural credit
7.32 aid for a district's debt service fund earlier than would occur
7.33 under the preceding schedule if the district submits evidence
7.34 showing a serious cash flow problem in the fund. The
7.35 commissioner may make earlier payments during the year and, if
7.36 necessary, increase the percent of the entitlement paid to
8.1 reduce the cash flow problem.
8.2 Sec. 6. Minnesota Statutes 2000, section 127A.45,
8.3 subdivision 13, is amended to read:
8.4 Subd. 13. [AID PAYMENT PERCENTAGE.] Except as provided in
8.5 subdivisions 11, 12, 12a, and 14, each fiscal year, all
8.6 education aids and credits in this chapter and chapters 120A,
8.7 120B, 121A, 122A, 123A, 123B, 124D, 125A, 125B, 126C, 134, and
8.8 section 273.1392, shall be paid at 90 83 percent of the
8.9 estimated entitlement during the fiscal year of the
8.10 entitlement. For the purposes of this subdivision, a district's
8.11 estimated entitlement for special education excess cost aid
8.12 under section 125A.79 equals 70 percent of the district's
8.13 entitlement for the second prior fiscal year. The final
8.14 adjustment payment, according to subdivision 9, must be the
8.15 amount of the actual entitlement, after adjustment for actual
8.16 data, minus the payments made during the fiscal year of the
8.17 entitlement.
8.18 Sec. 7. Minnesota Statutes 2000, section 127A.45,
8.19 subdivision 14, is amended to read:
8.20 Subd. 14. [NONPUBLIC AIDS.] The state shall pay aid
8.21 according to sections 123B.40 to 123B.48 for pupils attending
8.22 nonpublic schools as follows:
8.23 (1) an advance payment by November 30 equal to 90 83
8.24 percent of the estimated entitlement for the current fiscal
8.25 year; and
8.26 (2) a final payment by October 31 of the following fiscal
8.27 year, adjusted for actual data.
8.28 If a payment advance to meet cash flow needs is requested
8.29 by a district and approved by the commissioner, the state shall
8.30 pay nonpublic pupil transportation aid according to section
8.31 123B.92 by October 31.
8.32 Sec. 8. Minnesota Statutes 2001 Supplement, section
8.33 127A.45, subdivision 14a, is amended to read:
8.34 Subd. 14a. [STATE NUTRITION PROGRAMS.] Notwithstanding
8.35 subdivision 3, the state shall pay 100 percent of the aid for
8.36 the current year according to sections 124D.111, 124D.115, and
9.1 124D.118 and 90 83 percent of the aid for the current year
9.2 according to section 124D.1156 based on submitted monthly
9.3 vouchers showing meals and milk served. The remaining ten 17
9.4 percent according to section 124D.1156 shall be paid by October
9.5 30 of the following fiscal year.
9.6 Sec. 9. Minnesota Statutes 2000, section 127A.45,
9.7 subdivision 16, is amended to read:
9.8 Subd. 16. [PAYMENTS TO THIRD PARTIES.] Notwithstanding
9.9 subdivision 3, 90 83 percent of the amounts under section
9.10 123A.26, subdivision 3, shall be paid in equal installments on
9.11 August 30, December 30, and March 30, with a ten 17 percent
9.12 final adjustment payment on October 30 of the next fiscal year.
9.13 Sec. 10. [APPROPRIATION, ADVANCE FINAL PAYMENT.]
9.14 $17,500,000 is appropriated from the general fund to the
9.15 commissioner of children, families, and learning to make advance
9.16 final payments to school districts and charter schools under
9.17 section 4.
9.18 ARTICLE 2
9.19 EARLY CHILDHOOD AND FAMILY EDUCATION
9.20 Section 1. Laws 2001, First Special Session chapter 3,
9.21 article 1, section 17, subdivision 2, is amended to read:
9.22 Subd. 2. [SCHOOL READINESS PROGRAM REVENUE.] For revenue
9.23 for school readiness programs according to Minnesota Statutes,
9.24 sections 124D.15 and 124D.16:
9.25 $10,395,000 ..... 2002
9.26 $10,395,000 $9,667,000 ..... 2003
9.27 The 2002 appropriation includes $1,039,000 for 2001 and
9.28 $9,356,000 for 2002.
9.29 The 2003 appropriation includes $1,039,000 for 2002 and
9.30 $9,356,000 $8,628,000 for 2003.
9.31 Any balance in the first year does not cancel but is
9.32 available in the second year.
9.33 Sec. 2. Laws 2001, First Special Session chapter 3,
9.34 article 1, section 17, subdivision 3, as amended by Laws 2002,
9.35 chapter 220, article 2, section 2, is amended to read:
9.36 Subd. 3. [EARLY CHILDHOOD FAMILY EDUCATION AID.] For early
10.1 childhood family education aid according to Minnesota Statutes,
10.2 section 124D.135:
10.3 $20,725,000 $20,746,000 ..... 2002
10.4 $20,624,000 $19,184,000 ..... 2003
10.5 The 2002 appropriation includes $2,036,000 for 2001 and
10.6 $18,689,000 $18,710,000 for 2002.
10.7 The 2003 appropriation includes $2,076,000 $2,079,000 for
10.8 2002 and $18,548,000 $17,105,000 for 2003.
10.9 Any balance in the first year does not cancel but is
10.10 available in the second year.
10.11 Sec. 3. Laws 2001, First Special Session chapter 3,
10.12 article 1, section 17, subdivision 4, is amended to read:
10.13 Subd. 4. [HEALTH AND DEVELOPMENTAL SCREENING AID.] For
10.14 health and developmental screening aid according to Minnesota
10.15 Statutes, sections 121A.17 and 121A.19:
10.16 $2,661,000 ..... 2002
10.17 $2,661,000 $2,475,000 ..... 2003
10.18 The 2002 appropriation includes $266,000 for 2001 and
10.19 $2,395,000 for 2002.
10.20 The 2003 appropriation includes $266,000 for 2002 and
10.21 $2,395,000 $2,209,000 for 2003.
10.22 Any balance in the first year does not cancel but is
10.23 available in the second year.
10.24 Sec. 4. Laws 2001, First Special Session chapter 3,
10.25 article 1, section 17, subdivision 7, as amended by Laws 2002,
10.26 chapter 220, article 2, section 3, is amended to read:
10.27 Subd. 7. [SCHOOL AGE CARE AID.] For school age care aid
10.28 according to Minnesota Statutes, section 124D.22:
10.29 $221,000 ..... 2002
10.30 $100,000 $94,000 ..... 2003
10.31 The 2002 appropriation includes $30,000 for 2001 and
10.32 $191,000 for 2002.
10.33 The 2003 appropriation includes $21,000 for 2002 and
10.34 $79,000 $73,000 for 2003.
10.35 Any balance in the first year does not cancel but is
10.36 available in the second year.
11.1 Sec. 5. Laws 2001, First Special Session chapter 3,
11.2 article 1, section 17, subdivision 9, as amended by Laws 2002,
11.3 chapter 220, article 2, section 5, is amended to read:
11.4 Subd. 9. [MFIP CHILD CARE.] For child care assistance
11.5 according to Minnesota Statutes, section 119B.05:
11.6 $69,201,000 $59,956,000 ..... 2002
11.7 $77,122,000 $68,182,000 ..... 2003
11.8 Any balance in the first year does not cancel but is
11.9 available in the second year.
11.10 Sec. 6. Laws 2001, First Special Session chapter 3,
11.11 article 1, section 19, subdivision 3, as amended by Laws 2002,
11.12 chapter 220, article 2, section 8, is amended to read:
11.13 Subd. 3. [TRANSITION YEAR FAMILIES.] To provide
11.14 uninterrupted assistance under Minnesota Statutes, section
11.15 119B.03, for families completing transition year child care
11.16 assistance:
11.17 $1,404,000 $1,695,000 ..... 2002
11.18 $1,357,000 $1,014,000 ..... 2003
11.19 Any unspent balance from the appropriations for 2002 and
11.20 2003 is returned to the TANF reserve. TANF dollars appropriated
11.21 for this purpose in 2001 which are not encumbered by January 1,
11.22 2002, are returned to the TANF reserve.
11.23 Sec. 7. Laws 2001, First Special Session chapter 3,
11.24 article 1, section 19, subdivision 5, as amended by Laws 2002,
11.25 chapter 220, article 2, section 9, is amended to read:
11.26 Subd. 5. [MFIP SOCIAL SERVICES CHILD CARE.] For social
11.27 services child care costs of eligible MFIP participants under
11.28 Minnesota Statutes, section 119B.05, subdivision 1, clause (5):
11.29 $973,000 $775,000 ..... 2002
11.30 $997,000 $801,000 ..... 2003
11.31 Any unspent balance from the appropriations for 2002 and
11.32 2003 is returned to the TANF reserve. TANF dollars appropriated
11.33 for this purpose in 2001 which are not encumbered by January 1,
11.34 2002, are returned to the TANF reserve.
11.35 Sec. 8. Laws 2001, First Special Session chapter 3,
11.36 article 2, section 15, subdivision 3, as amended by Laws 2002,
12.1 chapter 220, article 2, section 10, is amended to read:
12.2 Subd. 3. [COMMUNITY EDUCATION AID.] For community
12.3 education aid according to Minnesota Statutes, section 124D.20:
12.4 $14,190,000 $14,194,000 ..... 2002
12.5 $ 8,186,000 $ 7,664,000 ..... 2003
12.6 The 2002 appropriation includes $1,528,000 for 2001 and
12.7 $12,662,000 $12,666,000 for 2002.
12.8 The 2003 appropriation includes $1,406,000 $1,407,000 for
12.9 2002 and $6,780,000 $6,257,000 for 2003.
12.10 Any balance in the first year does not cancel but is
12.11 available in the second year.
12.12 Sec. 9. Laws 2001, First Special Session chapter 3,
12.13 article 2, section 15, subdivision 4, is amended to read:
12.14 Subd. 4. [ADULTS WITH DISABILITIES PROGRAM AID.] For
12.15 adults with disabilities programs according to Minnesota
12.16 Statutes, section 124D.56:
12.17 $639,000 ..... 2002
12.18 $710,000 $661,000 ..... 2003
12.19 The 2002 appropriation includes $0 for 2001 and $639,000
12.20 for 2002.
12.21 The 2003 appropriation includes $71,000 for 2002 and
12.22 $639,000 $590,000 for 2003.
12.23 Any balance in the first year does not cancel but is
12.24 available in the second year.
12.25 Sec. 10. Laws 2001, First Special Session chapter 3,
12.26 article 2, section 15, subdivision 6, is amended to read:
12.27 Subd. 6. [VIOLENCE PREVENTION EDUCATION GRANTS.] For
12.28 violence prevention education grants according to Minnesota
12.29 Statutes, section 120B.23:
12.30 $1,305,000 ..... 2002
12.31 $1,450,000 $1,349,000 ..... 2003
12.32 The 2002 appropriation includes $0 for 2001 and $1,305,000
12.33 for 2002.
12.34 The 2003 appropriation includes $145,000 for 2002 and
12.35 $1,305,000 $1,204,000 for 2003.
12.36 Any balance in the first year does not cancel but is
13.1 available in the second year.
13.2 Sec. 11. Laws 2001, First Special Session chapter 3,
13.3 article 3, section 9, subdivision 5, is amended to read:
13.4 Subd. 5. [ADULT BASIC EDUCATION AID.] For adult basic
13.5 education aid according to Minnesota Statutes, section 124D.531:
13.6 $32,150,000 ..... 2002
13.7 $34,731,000 $32,282,000 ..... 2003
13.8 The 2002 appropriation includes $3,019,000 for 2001 and
13.9 $29,131,000 for 2002.
13.10 The 2003 appropriation includes $3,237,000 for 2002 and
13.11 $31,494,000 $29,045,000 for 2003.
13.12 Sec. 12. Laws 2001, First Special Session chapter 3,
13.13 article 3, section 9, subdivision 7, is amended to read:
13.14 Subd. 7. [ADULT GRADUATION AID.] For adult graduation aid
13.15 according to Minnesota Statutes, section 124D.54:
13.16 $3,195,000 $2,462,000 ..... 2002
13.17 $3,356,000 $2,327,000 ..... 2003
13.18 The 2002 appropriation includes $305,000 for 2001 and
13.19 $2,890,000 $2,157,000 for 2002.
13.20 The 2003 appropriation includes $321,000 $240,000 for 2002
13.21 and $3,035,000 $2,087,000 for 2003.
13.22 Sec. 13. Laws 2001, First Special Session chapter 3,
13.23 article 4, section 5, subdivision 2, as amended by Laws 2002,
13.24 chapter 220, article 2, section 12, is amended to read:
13.25 Subd. 2. [BASIC SUPPORT GRANTS.] For basic support grants
13.26 according to Minnesota Statutes, sections 134.32 to 134.35:
13.27 $8,570,000 ..... 2002
13.28 $8,570,000 $7,971,000 ..... 2003
13.29 The 2002 appropriation includes $857,000 for 2001 and
13.30 $7,713,000 for 2002.
13.31 The 2003 appropriation includes $857,000 for 2002 and
13.32 $7,713,000 $7,114,000 for 2003.
13.33 Base level funding for fiscal year 2004 is
13.34 $9,823,000 $9,754,000 and $9,822,000 $9,962,000 for fiscal year
13.35 2005.
13.36 Sec. 14. Laws 2001, First Special Session chapter 3,
14.1 article 4, section 5, subdivision 3, is amended to read:
14.2 Subd. 3. [MULTICOUNTY, MULTITYPE LIBRARY SYSTEMS.] For
14.3 grants according to Minnesota Statutes, sections 134.353 and
14.4 134.354, to multicounty, multitype library systems:
14.5 $903,000 ..... 2002
14.6 $903,000 $840,000 ..... 2003
14.7 The 2002 appropriation includes $90,000 for 2001 and
14.8 $813,000 for 2002.
14.9 The 2003 appropriation includes $90,000 for 2002 and
14.10 $813,000 $750,000 for 2003.
14.11 Any balance in the first year does not cancel but is
14.12 available in the second year.
14.13 Sec. 15. Laws 2002, chapter 220, article 2, section 14,
14.14 subdivision 1, is amended to read:
14.15 Subdivision 1. [DEPARTMENT OF CHILDREN, FAMILIES, AND
14.16 LEARNING.] The sum indicated in this section is appropriated to
14.17 the commissioner of children, families, and learning transferred
14.18 from the federal Temporary Assistance for Needy Families block
14.19 grant to the child care and development fund and appropriated to
14.20 the department of children, families, and learning for the
14.21 fiscal year designated. This amount is available for
14.22 expenditure until June 30, 2003.
14.23 Sec. 16. [EFFECTIVE DATE.]
14.24 This article is effective the day following final enactment.
14.25 ARTICLE 3
14.26 K-12 EDUCATION APPROPRIATION ADJUSTMENTS
14.27 Section 1. Minnesota Statutes 2001 Supplement, section
14.28 123B.54, as amended by Laws 2002, chapter 220, article 4,
14.29 section 1, is amended to read:
14.30 123B.54 [DEBT SERVICE APPROPRIATION.]
14.31 (a) $25,987,000 in fiscal year 2002,
14.32 $31,892,000 $29,941,000 in fiscal year 2003,
14.33 $36,629,000 $40,075,000 in fiscal year 2004, and
14.34 $36,931,000 $39,774,000 in fiscal years 2005 and later are
14.35 appropriated from the general fund to the commissioner of
14.36 children, families, and learning for payment of debt service
15.1 equalization aid under section 123B.53.
15.2 (b) The appropriations in paragraph (a) must be reduced by
15.3 the amount of any money specifically appropriated for the same
15.4 purpose in any year from any state fund.
15.5 Sec. 2. Laws 2001, First Special Session chapter 5,
15.6 article 2, section 29, subdivision 2, as amended by Laws 2002,
15.7 chapter 220, article 4, section 2, is amended to read:
15.8 Subd. 2. [REFERENDUM TAX BASE REPLACEMENT AID.] For
15.9 referendum tax base replacement aid according to Minnesota
15.10 Statutes, section 126C.17, subdivision 7a:
15.11 $7,616,000 $7,027,000 ..... 2003
15.12 The 2003 appropriation includes $0 for 2002 and
15.13 $7,616,000 $7,027,000 for 2003.
15.14 Sec. 3. Laws 2001, First Special Session chapter 6,
15.15 article 1, section 54, subdivision 2, as amended by Laws 2002,
15.16 chapter 220, article 3, section 8, is amended to read:
15.17 Subd. 2. [GENERAL AND SUPPLEMENTAL EDUCATION AID.] (a) For
15.18 general and supplemental education aid:
15.19 $3,404,787,000 $3,414,168,000 ..... 2002
15.20 $4,982,334,000 $4,616,467,000 ..... 2003
15.21 The 2002 appropriation includes $323,767,000 $333,756,000
15.22 for 2001 and $3,081,020,000 $3,080,412,000 for 2002.
15.23 The 2003 appropriation includes $335,220,000 $335,163,000
15.24 for 2002 and $4,647,114,000 $4,281,304,000 for 2003.
15.25 (b) The fiscal year 2003 appropriation in paragraph (a) is
15.26 reduced by $1,901,000.
15.27 Sec. 4. Laws 2001, First Special Session chapter 6,
15.28 article 1, section 54, subdivision 4, as amended by Laws 2002,
15.29 chapter 220, article 4, section 3, is amended to read:
15.30 Subd. 4. [ABATEMENT AID.] For abatement aid according to
15.31 Minnesota Statutes, section 127A.49:
15.32 $5,698,000 ..... 2002
15.33 $2,990,000 $2,870,000 ..... 2003
15.34 The 2002 appropriation includes $640,000 for 2001 and
15.35 $5,058,000 for 2002.
15.36 The 2003 appropriation includes $562,000 for 2002
16.1 and $2,428,000 $2,308,000 for 2003.
16.2 Sec. 5. Laws 2001, First Special Session chapter 6,
16.3 article 1, section 54, subdivision 5, as amended by Laws 2002,
16.4 chapter 220, article 4, section 4, is amended to read:
16.5 Subd. 5. [NONPUBLIC PUPIL AID.] For nonpublic pupil
16.6 education aid according to Minnesota Statutes, sections 123.79
16.7 and 123B.40 to 123B.43:
16.8 $14,441,000 $14,254,000 ..... 2002
16.9 $15,977,000 $14,259,000 ..... 2003
16.10 The 2002 appropriation includes $1,330,000 for 2001 and
16.11 $13,111,000 $12,924,000 for 2002.
16.12 The 2003 appropriation includes $1,457,000 $1,436,000 for
16.13 2002 and $14,520,000 $12,823,000 for 2003.
16.14 Sec. 6. Laws 2001, First Special Session chapter 6,
16.15 article 1, section 54, subdivision 6, as amended by Laws 2002,
16.16 chapter 220, article 4, section 5, is amended to read:
16.17 Subd. 6. [NONPUBLIC PUPIL TRANSPORTATION.] For nonpublic
16.18 pupil transportation aid under Minnesota Statutes, section
16.19 123B.92, subdivision 9:
16.20 $20,635,000 $20,634,000 ..... 2002
16.21 $25,347,000 $22,236,000 ..... 2003
16.22 The 2002 appropriation includes $2,000,000 for 2001 and
16.23 $18,635,000 $18,634,000 for 2002.
16.24 The 2003 appropriation includes $2,070,000 $2,071,000 for
16.25 2002 and $23,277,000 $20,165,000 for 2003.
16.26 Sec. 7. Laws 2001, First Special Session chapter 6,
16.27 article 1, section 54, subdivision 7, as amended by Laws 2002,
16.28 chapter 220, article 4, section 6, is amended to read:
16.29 Subd. 7. [CONSOLIDATION TRANSITION AID.] For districts
16.30 consolidating under Minnesota Statutes, section 123A.485:
16.31 $531,000 $539,000 ..... 2002
16.32 $736,000 $225,000 ..... 2003
16.33 The 2002 appropriation includes $44,000 for 2001 and
16.34 $487,000 $495,000 for 2002.
16.35 The 2003 appropriation includes $54,000 for 2002
16.36 and $682,000 $171,000 for 2003.
17.1 Any balance in the first year does not cancel but is
17.2 available in the second year.
17.3 Sec. 8. Laws 2001, First Special Session chapter 6,
17.4 article 2, section 77, subdivision 4, as amended by Laws 2002,
17.5 chapter 220, article 4, section 7, is amended to read:
17.6 Subd. 4. [CHARTER SCHOOL BUILDING LEASE AID.] For building
17.7 lease aid under Minnesota Statutes, section 124D.11, subdivision
17.8 4:
17.9 $12,323,000 $12,286,000 ..... 2002
17.10 $15,330,000 $14,394,000 ..... 2003
17.11 The 2002 appropriation includes $1,114,000 for 2001 and
17.12 $11,209,000 $11,172,000 for 2002.
17.13 The 2003 appropriation includes $1,245,000 $1,241,000 for
17.14 2002 and $14,085,000 $13,153,000 for 2003.
17.15 Sec. 9. Laws 2001, First Special Session chapter 6,
17.16 article 2, section 77, subdivision 5, as amended by Laws 2002,
17.17 chapter 220, article 4, section 8, is amended to read:
17.18 Subd. 5. [CHARTER SCHOOL STARTUP GRANTS.] For charter
17.19 school startup cost aid under Minnesota Statutes, section
17.20 124D.11:
17.21 $2,090,000 $2,064,000 ..... 2002
17.22 $1,549,000 $1,456,000 ..... 2003
17.23 The 2002 appropriation includes $258,000 for 2001
17.24 and $1,832,000 $1,806,000 for 2002.
17.25 The 2003 appropriation includes $204,000 $200,000 for 2002
17.26 and $1,345,000 $1,256,000 for 2003.
17.27 Sec. 10. Laws 2001, First Special Session chapter 6,
17.28 article 2, section 77, subdivision 6, is amended to read:
17.29 Subd. 6. [CHARTER SCHOOL INTEGRATION AID.] For grants to
17.30 charter schools to promote integration and desegregation under
17.31 Minnesota Statutes, section 124D.11, subdivision 6, paragraph
17.32 (e):
17.33 $45,000 ..... 2002
17.34 $50,000 $47,000 ..... 2003
17.35 The 2002 appropriation includes $0 for 2001 and $45,000 for
17.36 2002.
18.1 The 2003 appropriation includes $5,000 for 2002 and
18.2 $45,000 $42,000 for 2003.
18.3 Any balance in the first year does not cancel but is
18.4 available in the second year.
18.5 Sec. 11. Laws 2001, First Special Session chapter 6,
18.6 article 2, section 77, subdivision 8, as amended by Laws 2002,
18.7 chapter 220, article 4, section 9, is amended to read:
18.8 Subd. 8. [INTEGRATION AID.] For integration aid:
18.9 $63,421,000 $63,311,000 ..... 2002
18.10 $53,890,000 $50,418,000 ..... 2003
18.11 The 2002 appropriation includes $5,729,000 for 2001 and
18.12 $57,692,000 $57,582,000 for 2002.
18.13 The 2003 appropriation includes $6,410,000 $6,398,000 for
18.14 2002 and $47,480,000 $44,020,000 for 2003.
18.15 Sec. 12. Laws 2001, First Special Session chapter 6,
18.16 article 2, section 77, subdivision 11, as amended by Laws 2002,
18.17 chapter 220, article 4, section 10, is amended to read:
18.18 Subd. 11. [MAGNET SCHOOL STARTUP AID.] For magnet school
18.19 startup aid under Minnesota Statutes, section 124D.88:
18.20 $475,000 $448,000 ..... 2002
18.21 $298,000 $326,000 ..... 2003
18.22 The 2002 appropriation includes $25,000 for 2001 and
18.23 $450,000 $423,000 for 2002.
18.24 The 2003 appropriation includes $50,000 $47,000 for 2002
18.25 and $248,000 $279,000 for 2003.
18.26 Sec. 13. Laws 2001, First Special Session chapter 6,
18.27 article 2, section 77, subdivision 15, as amended by Laws 2002,
18.28 chapter 220, article 4, section 11, is amended to read:
18.29 Subd. 15. [SUCCESS FOR THE FUTURE.] For American Indian
18.30 success for the future grants according to Minnesota Statutes,
18.31 section 124D.81:
18.32 $1,924,000 ..... 2002
18.33 $2,137,000 $1,987,000 ..... 2003
18.34 The 2002 appropriation includes $0 for 2001 and $1,924,000
18.35 for 2002.
18.36 The 2003 appropriation includes $213,000 for 2002
19.1 and $1,924,000 $1,774,000 for 2003.
19.2 Sec. 14. Laws 2001, First Special Session chapter 6,
19.3 article 2, section 77, subdivision 18, as amended by Laws 2002,
19.4 chapter 220, article 4, section 12, is amended to read:
19.5 Subd. 18. [TRIBAL CONTRACT SCHOOLS.] For tribal contract
19.6 school aid under Minnesota Statutes, section 124D.83:
19.7 $2,304,000 $2,147,000 ..... 2002
19.8 $2,408,000 $2,221,000 ..... 2003
19.9 The 2002 appropriation includes $192,000 for 2001 and
19.10 $2,112,000 $1,955,000 for 2002.
19.11 The 2003 appropriation includes $235,000 $217,000 for 2002
19.12 and $2,173,000 $2,004,000 for 2003.
19.13 Sec. 15. Laws 2001, First Special Session chapter 6,
19.14 article 3, section 21, subdivision 2, as amended by Laws 2002,
19.15 chapter 220, article 4, section 13, is amended to read:
19.16 Subd. 2. [SPECIAL EDUCATION AID.] For special education
19.17 aid according to Minnesota Statutes, section 125A.75:
19.18 $507,841,000 $507,928,000 ..... 2002
19.19 $532,282,000 $495,032,000 ..... 2003
19.20 The 2002 appropriation includes $47,400,000 for 2001 and
19.21 $460,441,000 $460,528,000 for 2002.
19.22 The 2003 appropriation includes $51,160,000 $51,170,000 for
19.23 2002 and $481,122,000 $443,862,000 for 2003.
19.24 Sec. 16. Laws 2001, First Special Session chapter 6,
19.25 article 3, section 21, subdivision 3, as amended by Laws 2002,
19.26 chapter 220, article 4, section 14, is amended to read:
19.27 Subd. 3. [AID FOR CHILDREN WITH A DISABILITY.] For aid
19.28 according to Minnesota Statutes, section 125A.75, subdivision 3,
19.29 for children with a disability placed in residential facilities
19.30 within the district boundaries for whom no district of residence
19.31 can be determined:
19.32 $1,358,000 $1,346,000 ..... 2002
19.33 $3,161,000 $2,363,000 ..... 2003
19.34 If the appropriation for either year is insufficient, the
19.35 appropriation for the other year is available.
19.36 Any balance in the first year does not cancel but is
20.1 available in the second year.
20.2 Sec. 17. Laws 2001, First Special Session chapter 6,
20.3 article 3, section 21, subdivision 4, as amended by Laws 2002,
20.4 chapter 220, article 4, section 15, is amended to read:
20.5 Subd. 4. [TRAVEL FOR HOME-BASED SERVICES.] For aid for
20.6 teacher travel for home-based services according to Minnesota
20.7 Statutes, section 125A.75, subdivision 1:
20.8 $143,000 $139,000 ..... 2002
20.9 $148,000 $134,000 ..... 2003
20.10 The 2002 appropriation includes $14,000 $13,000 for 2001
20.11 and $129,000 $126,000 for 2002.
20.12 The 2003 appropriation includes $15,000 $14,000 for 2002
20.13 and $133,000 $120,000 for 2003.
20.14 Sec. 18. Laws 2001, First Special Session chapter 6,
20.15 article 3, section 21, subdivision 5, as amended by Laws 2002,
20.16 chapter 220, article 4, section 16, is amended to read:
20.17 Subd. 5. [SPECIAL EDUCATION EXCESS COST AID.] For excess
20.18 cost aid:
20.19 $103,061,000 $92,622,000 ..... 2002
20.20 $105,289,000 $60,372,000 ..... 2003
20.21 The 2002 appropriation includes $9,889,000 for 2001 and
20.22 $93,172,000 $82,733,000 for 2002.
20.23 The 2003 appropriation includes $10,352,000 $9,192,000 for
20.24 2002 and $94,937,000 $51,180,000 for 2003.
20.25 Sec. 19. Laws 2001, First Special Session chapter 6,
20.26 article 3, section 21, subdivision 7, as amended by Laws 2002,
20.27 chapter 220, article 4, section 17, is amended to read:
20.28 Subd. 7. [TRANSITION PROGRAMS; STUDENTS WITH
20.29 DISABILITIES.] For aid for transition programs for pupils with
20.30 disabilities according to Minnesota Statutes, section 124D.454:
20.31 $8,960,000 $8,962,000 ..... 2002
20.32 $8,952,000 $8,328,000 ..... 2003
20.33 The 2002 appropriation includes $896,000 for 2001 and
20.34 $8,064,000 $8,066,000 for 2002.
20.35 The 2003 appropriation includes $896,000 for 2002
20.36 and $8,056,000 $7,432,000 for 2003.
21.1 Sec. 20. Laws 2001, First Special Session chapter 6,
21.2 article 4, section 27, subdivision 2, as amended by Laws 2002,
21.3 chapter 220, article 4, section 18, is amended to read:
21.4 Subd. 2. [HEALTH AND SAFETY AID.] For health and safety
21.5 aid according to Minnesota Statutes, section 123B.57,
21.6 subdivision 5:
21.7 $13,630,000 $12,280,000 ..... 2002
21.8 $10,800,000 $ 9,085,000 ..... 2003
21.9 The 2002 appropriation includes $1,480,000 for 2001 and
21.10 $12,150,000 $10,800,000 for 2002.
21.11 The 2003 appropriation includes $1,350,000 $1,200,000 for
21.12 2002 and $9,450,000 $7,885,000 for 2003.
21.13 Sec. 21. Laws 2001, First Special Session chapter 6,
21.14 article 4, section 27, subdivision 3, as amended by Laws 2002,
21.15 chapter 220, article 4, section 19, is amended to read:
21.16 Subd. 3. [DEBT SERVICE AID.] For debt service aid
21.17 according to Minnesota Statutes, section 123B.53, subdivision 6:
21.18 $25,987,000 ..... 2002
21.19 $31,892,000 $29,941,000 ..... 2003
21.20 The 2002 appropriation includes $2,890,000 for 2001 and
21.21 $23,097,000 for 2002.
21.22 The 2003 appropriation includes $2,566,000 for 2002
21.23 and $29,326,000 $27,375,000 for 2003.
21.24 Sec. 22. Laws 2001, First Special Session chapter 6,
21.25 article 4, section 27, subdivision 5, as amended by Laws 2002,
21.26 chapter 220, article 4, section 20, is amended to read:
21.27 Subd. 5. [ALTERNATIVE FACILITIES BONDING AID.] For
21.28 alternative facilities bonding aid, according to Minnesota
21.29 Statutes, section 123B.59, subdivision 1:
21.30 $19,280,000 ..... 2002
21.31 $19,287,000 $17,937,000 ..... 2003
21.32 The 2002 appropriation includes $1,921,000 for 2001 and
21.33 $17,359,000 for 2002.
21.34 The 2003 appropriation includes $1,928,000 for 2002
21.35 and $17,359,000 $16,009,000 for 2003.
21.36 Sec. 23. Laws 2001, First Special Session chapter 6,
22.1 article 5, section 13, subdivision 3, is amended to read:
22.2 Subd. 3. [SCHOOL BREAKFAST.] For school breakfast aid
22.3 under Minnesota Statutes, section 124D.115:
22.4 $640,000 ..... 2002
22.5 $700,000 $680,000 ..... 2003
22.6 Sec. 24. [EFFECTIVE DATE.]
22.7 This article is effective the day following final enactment.
22.8 ARTICLE 4
22.9 K-12 EDUCATION
22.10 Section 1. Minnesota Statutes 2000, section 124D.69, is
22.11 amended by adding a subdivision to read:
22.12 Subd. 3. [UNCOMMON SCHOOLS SERVING STUDENTS WITH CHEMICAL
22.13 DEPENDENCIES; ALLOCATION OF FUNDS.] In addition to the amounts
22.14 provided in section 124D.68, subdivision 9, a school district
22.15 may allocate funds from its undesignated general fund to a
22.16 private contracted alternative program, including a private
22.17 contracted alternative program that is tuition free and provides
22.18 a comprehensive secondary academic program for students who have
22.19 been assessed chemically dependent and who have completed a
22.20 licensed treatment program for chemical dependency.
22.21 Sec. 2. Minnesota Statutes 2000, section 125A.65,
22.22 subdivision 1, is amended to read:
22.23 Subdivision 1. [RESPONSIBILITY ALLOCATED.] Responsibility
22.24 for special instruction and services for a visually
22.25 disabled blind/visually impaired or hearing impaired deaf/hard
22.26 of hearing child attending the Minnesota state academy for the
22.27 deaf or the Minnesota state academy for the blind must be
22.28 determined in subdivisions 2 to 10.
22.29 Sec. 3. Minnesota Statutes 2000, section 125A.65,
22.30 subdivision 3, is amended to read:
22.31 Subd. 3. [EDUCATIONAL PROGRAM; TUITION.] When it is
22.32 determined pursuant to section 125A.69, subdivision 1 or 2, that
22.33 the child is entitled to attend either school, the board of the
22.34 Minnesota state academies must provide the appropriate
22.35 educational program for the child. The board of the Minnesota
22.36 state academies must make a tuition charge to the child's
23.1 district of residence for the cost of providing the program.
23.2 The amount of tuition charged must not exceed the basic revenue
23.3 of the district general education revenue formula allowance
23.4 times the pupil unit weighting factor pursuant to section
23.5 126C.05 for that child, for the amount of time the child is in
23.6 the program. For purposes of this subdivision, "basic revenue"
23.7 has the meaning given it in section 126C.10, subdivision 2. The
23.8 district of the child's residence must pay the tuition and may
23.9 claim general education aid for the child. Tuition received by
23.10 the board of the Minnesota state academies, except for tuition
23.11 received under subdivision 4, must be deposited in the state
23.12 treasury as provided in subdivision 8.
23.13 Sec. 4. Minnesota Statutes 2000, section 125A.65,
23.14 subdivision 8, is amended to read:
23.15 Subd. 8. [STUDENT COUNT; TUITION.] (a) On May 1 of each
23.16 year, 1996, and each year thereafter, the board of the Minnesota
23.17 state academies shall count the actual number of Minnesota
23.18 resident kindergarten and elementary students and the actual
23.19 number of Minnesota resident secondary special education
23.20 eligible students enrolled and receiving education services at
23.21 the Minnesota state academy for the deaf and the Minnesota state
23.22 academy for the blind. The board of the Minnesota state
23.23 academies shall deposit in the state treasury an amount equal to
23.24 all tuition received less: the amount calculated in paragraph
23.25 (b).
23.26 (1) the total number of students on May 1 less 175, times
23.27 the ratio of the number of kindergarten and elementary students
23.28 to the total number of students on May 1, times the general
23.29 education formula allowance; plus
23.30 (2) the total number of students on May 1 less 175, times
23.31 the ratio of the number of secondary students on May 1 to the
23.32 total number of students on May 1, times 1.3, times the general
23.33 education formula allowance.
23.34 (b) The Minnesota state academies shall credit to their
23.35 general operation account an amount equal to the tuition
23.36 received which represents tuition earned for the total number of
24.1 students over 175 based on:
24.2 (1) the total number of enrolled students on May 1 less
24.3 175; times
24.4 (2) the ratio of the number of students in that grade
24.5 category to the total number of students on May 1; times
24.6 (3) the general education revenue formula allowance; times
24.7 (4) the pupil unit weighting factor pursuant to section
24.8 126C.05.
24.9 Sec. 5. Minnesota Statutes 2000, section 125A.65,
24.10 subdivision 9, is amended to read:
24.11 Subd. 9. [CALCULATION.] The sum provided by the
24.12 calculation in subdivision 8, clauses (1) and (2), must be
24.13 deposited in the state treasury and credited to the general
24.14 operation account of the academy for the deaf and the academy
24.15 for the blind Minnesota state academy for the deaf and the
24.16 Minnesota state academy for the blind.
24.17 Sec. 6. Minnesota Statutes 2001 Supplement, section
24.18 126C.10, subdivision 13, is amended to read:
24.19 Subd. 13. [TOTAL OPERATING CAPITAL REVENUE.] (a) For
24.20 fiscal year 2000 and thereafter, total operating capital revenue
24.21 for a district equals the amount determined under paragraph (b)
24.22 or (c), plus $73 times the adjusted marginal cost pupil units
24.23 for the school year. The revenue must be placed in a reserved
24.24 account in the general fund and may only be used according to
24.25 paragraph (d) or subdivision 14.
24.26 (b) For fiscal years 2000 and later, capital revenue for a
24.27 district equals $100 times the district's maintenance cost index
24.28 times its adjusted marginal cost pupil units for the school year.
24.29 (c) For fiscal years 2000 and later, the revenue for a
24.30 district that operates a program under section 124D.128, is
24.31 increased by an amount equal to $30 times the number of marginal
24.32 cost pupil units served at the site where the program is
24.33 implemented.
24.34 (d) For fiscal years 2001 and, 2002, and 2003, the district
24.35 must reserve an amount equal to $5 per adjusted marginal cost
24.36 pupil unit for telecommunication access costs. Reserve revenue
25.1 under this paragraph must first be used to pay for ongoing or
25.2 recurring telecommunication access costs, including access to
25.3 data and video connections, including Internet access. Any
25.4 revenue remaining after covering all ongoing or recurring access
25.5 costs may be used for computer hardware or equipment.
25.6 Sec. 7. Minnesota Statutes 2001 Supplement, section
25.7 126C.17, subdivision 7, is amended to read:
25.8 Subd. 7. [REFERENDUM EQUALIZATION AID.] (a) A district's
25.9 referendum equalization aid equals the difference between its
25.10 referendum equalization revenue and levy.
25.11 (b) If a district's actual levy for first or second tier
25.12 referendum equalization revenue is less than its maximum levy
25.13 limit for that tier, aid shall be proportionately reduced.
25.14 (c) Notwithstanding paragraph (a), the referendum
25.15 equalization aid for a district, where the referendum
25.16 equalization aid under paragraph (a) exceeds 90 percent of the
25.17 referendum revenue, must not exceed 18.2 percent of the formula
25.18 allowance times the district's resident marginal cost pupil
25.19 units. A district's referendum levy is increased by the amount
25.20 of any reduction in referendum aid under this paragraph.
25.21 [EFFECTIVE DATE.] This section is effective for operating
25.22 referendum elections January 1, 2002, and later.
25.23 Sec. 8. Laws 2001, First Special Session chapter 6,
25.24 article 7, section 14, as amended by Laws 2002, chapter 220,
25.25 article 3, section 16, is amended to read:
25.26 Sec. 14. [APPROPRIATIONS; PERPICH CENTER FOR ARTS
25.27 EDUCATION.]
25.28 The sums indicated in this section are appropriated from
25.29 the general fund to the Perpich Center for Arts Education for
25.30 the fiscal years designated:
25.31 $7,431,000 $7,681,000 ..... 2002
25.32 $7,316,000 $7,816,000 ..... 2003
25.33 $150,000 each year is to extend the partnership network to
25.34 up to five new partnership sites and for developing
25.35 whole-school, arts-based teaching and learning curriculum at new
25.36 sites.
26.1 Any balance in the first year does not cancel but is
26.2 available in the second year.
26.3 Sec. 9. [REFERENDUM TRANSFER ADJUSTMENT.]
26.4 Notwithstanding Minnesota Statutes, section 126C.17,
26.5 subdivision 1, paragraph (b), for fiscal year 2003 and later,
26.6 the initial referendum allowance for independent school district
26.7 No. 709, Duluth, equals the sum of the allowance under Minnesota
26.8 Statutes, section 126C.16, subdivision 2, plus the referendum
26.9 conversion allowance approved under Minnesota Statutes, section
26.10 126C.17, subdivision 13, minus $373. If the district has more
26.11 than one referendum authority, the reduction must be computed
26.12 separately for each authority. The reduction must be applied
26.13 first to the referendum authority with the earliest expiration
26.14 date. The district's initial referendum allowance may not be
26.15 less than zero.
26.16 Sec. 10. [DECLINING PUPIL UNIT AID; ALBERT LEA.]
26.17 Subdivision 1. [FISCAL YEAR 2003.] For fiscal year 2003,
26.18 independent school district No. 241, Albert Lea, is eligible for
26.19 declining enrollment aid equal to $300,000.
26.20 Subd. 2. [FISCAL YEAR 2004.] For fiscal year 2004,
26.21 independent school district No. 241, Albert Lea, is eligible for
26.22 declining enrollment aid equal to 75 percent of the fiscal year
26.23 2003 appropriation in subdivision 1.
26.24 Subd. 3. [FISCAL YEAR 2005.] For fiscal year 2005,
26.25 independent school district No. 241, Albert Lea, is eligible for
26.26 declining enrollment aid equal to 50 percent of the fiscal year
26.27 2003 appropriation in subdivision 1.
26.28 Subd. 4. [FISCAL YEAR 2006.] For fiscal year 2006,
26.29 independent school district No. 241, Albert Lea, is eligible for
26.30 declining enrollment aid equal to 25 percent of the fiscal year
26.31 2003 appropriation in subdivision 1.
26.32 Sec. 11. [DECLINING ENROLLMENT; LTV DISLOCATION.]
26.33 Subdivision 1. [FISCAL YEAR 2003.] For fiscal year 2003,
26.34 independent school district No. 2711, Mesabi East, is eligible
26.35 for declining enrollment aid equal to $200,000.
26.36 Subd. 2. [FISCAL YEAR 2004.] For fiscal year 2004,
27.1 independent school district No. 2711, Mesabi East, is eligible
27.2 for declining enrollment aid equal to 75 percent of the amount
27.3 that the district received in the fiscal year 2003 appropriation
27.4 in subdivision 1.
27.5 Subd. 3. [FISCAL YEAR 2005.] For fiscal year 2005,
27.6 independent school district No. 2711, Mesabi East, is eligible
27.7 for declining enrollment aid equal to 50 percent of the amount
27.8 that the district received in the fiscal year 2003 appropriation
27.9 in subdivision 1.
27.10 Subd. 4. [FISCAL YEAR 2006.] For fiscal year 2006,
27.11 independent school district No. 2711, Mesabi East, is eligible
27.12 for declining enrollment aid equal to 25 percent of the amount
27.13 that the district received in the fiscal year 2003 appropriation
27.14 in subdivision 1.
27.15 [EFFECTIVE DATE.] This section is effective the day
27.16 following final enactment.
27.17 Sec. 12. [FUND TRANSFER; BUTTERFIELD.]
27.18 Notwithstanding Minnesota Statutes, section 123B.79 or
27.19 123B.80, on June 30, 2002, independent school district No. 836,
27.20 Butterfield, may permanently transfer up to $117,000 from its
27.21 reserves for operating capital account in its general fund to
27.22 the undesignated fund balance.
27.23 [EFFECTIVE DATE.] This section is effective the day
27.24 following final enactment.
27.25 Sec. 13. [FUND TRANSFER; TRUMAN.]
27.26 Notwithstanding Minnesota Statutes, section 123B.79 or
27.27 123B.80, on June 30, 2002, independent school district No. 458,
27.28 Truman, may permanently transfer up to $500,000 from its
27.29 reserves for operating capital account in its general fund to
27.30 the undesignated fund balance.
27.31 [EFFECTIVE DATE.] This section is effective the day
27.32 following final enactment.
27.33 Sec. 14. [APPROPRIATION.]
27.34 (a) $300,000 in fiscal year 2003 is appropriated from the
27.35 general fund to the commissioner of children, families, and
27.36 learning for declining pupil unit aid to independent school
28.1 district No. 241, Albert Lea.
28.2 (b) In addition to the amounts appropriated for general and
28.3 supplemental education aid, $295,000 in fiscal year 2003 is
28.4 appropriated from the general fund to the commissioner of
28.5 children, families, and learning for the aid portion of the
28.6 referendum transfer adjustment for independent school district
28.7 No. 709, Duluth.
28.8 (c) $200,000 in fiscal year 2003 is appropriated from the
28.9 general fund to the commissioner of children, families, and
28.10 learning for declining pupil unit aid to independent school
28.11 district No. 2711, Mesabi East.
28.12 Sec. 15. [EFFECTIVE DATE.]
28.13 Except as otherwise provided in this article, this article
28.14 is effective the day following final enactment.
28.15 ARTICLE 5
28.16 HIGHER EDUCATION
28.17 Section 1. Minnesota Statutes 2000, section 136A.121,
28.18 subdivision 7, is amended to read:
28.19 Subd. 7. [INSUFFICIENT APPROPRIATION.] If the amount
28.20 appropriated is determined by the office to be insufficient to
28.21 make full awards to applicants under subdivision 5, before any
28.22 award for that year has been disbursed, awards must be reduced
28.23 by
28.24 (1) adding a surcharge to the contribution of the
28.25 applicant's parents, and assigned family responsibility, as
28.26 defined in section 136A.101, subdivision 5a; and
28.27 (2) a percentage increase in the applicant's contribution
28.28 assigned student responsibility, as defined in subdivision 5.
28.29 Sec. 2. [STATE GRANT APPROPRIATION.]
28.30 $5,000,000 is appropriated from the general fund to the
28.31 higher education services office to make state grants. This
28.32 appropriation is added to the appropriation in Laws 2001, First
28.33 Special Session chapter 1, article 1, section 2, subdivision 2,
28.34 for fiscal year 2002.
28.35 The higher education services office, by July 1, 2002, must
28.36 make a determination of the projected sufficiency or deficiency
29.1 in state money available for the state grant program to make
29.2 full state grant awards through fiscal year 2003. If it is
29.3 determined that a deficiency is projected, then, notwithstanding
29.4 Minnesota Statutes, section 136A.121, subdivision 7, the higher
29.5 education services office shall immediately transfer to the
29.6 state grant appropriation from the work study appropriation and
29.7 notwithstanding Minnesota Statutes, section 136A.125,
29.8 subdivision 4c, from the child care grant appropriation in Laws
29.9 2001, First Special Session chapter 1, article 1, section 2, the
29.10 amount necessary to make full state grant awards in fiscal year
29.11 2003. If state money available for the state grant program
29.12 continues to be insufficient to make full state grant awards
29.13 after the initial transfers, subsequent transfers must be made
29.14 before any reduction in state grant awards under Minnesota
29.15 Statutes, section 136A.121, subdivision 7, is made.
29.16 Sec. 2. [EFFECTIVE DATE.]
29.17 This article is effective the day following final enactment.
29.18 ARTICLE 6
29.19 ENVIRONMENT AND NATURAL RESOURCES
29.20 Section 1. [SCORE BLOCK GRANT APPROPRIATION SHIFT.]
29.21 $9,000,000 of the appropriation in Laws 2001, First Special
29.22 Session chapter 2, section 3, from the general fund to the
29.23 office of environmental assistance for SCORE block grants to
29.24 counties in fiscal year 2003 is canceled. This is a onetime
29.25 reduction and the same amount must be restored to the general
29.26 fund budget base for fiscal year 2004.
29.27 $9,000,000 is appropriated from the solid waste fund to the
29.28 office of environmental assistance for SCORE block grants to
29.29 counties in fiscal year 2003. This is a onetime appropriation.
29.30 [EFFECTIVE DATE.] This section is effective the day
29.31 following final enactment.
29.32 Sec. 2. Minnesota Statutes 2000, section 115A.557,
29.33 subdivision 1, is amended to read:
29.34 Subdivision 1. [DISTRIBUTION; FORMULA.] Any funds
29.35 appropriated to the director for the purpose of distribution to
29.36 counties under this section must be distributed each fiscal year
30.1 by the director based on population, except a county may not
30.2 receive less than $55,000 in a fiscal year. If the amount
30.3 available for distribution under this section is less than the
30.4 amount available in fiscal year 2001, the minimum county payment
30.5 under this section is reduced proportionately. For purposes of
30.6 this subdivision, "population" has the definition given in
30.7 section 477A.011, subdivision 3. A county that participates in
30.8 a multicounty district that manages solid waste and that has
30.9 responsibility for recycling programs as authorized in section
30.10 115A.552, must pass through to the districts funds received by
30.11 the county in excess of the $55,000 annual base minimum county
30.12 payment under this section in proportion to the population of
30.13 the county served by that district.
30.14 [EFFECTIVE DATE.] This section is effective the day
30.15 following final enactment.
30.16 Sec. 3. Minnesota Statutes 2000, section 115A.96,
30.17 subdivision 2, is amended to read:
30.18 Subd. 2. [MANAGEMENT PROGRAM.] The agency office shall
30.19 establish a statewide program to manage household hazardous
30.20 wastes. The program must include:
30.21 (1) the establishment and operation of collection sites;
30.22 and
30.23 (2) the provision of information, education, and technical
30.24 assistance regarding proper management of household hazardous
30.25 wastes.
30.26 [EFFECTIVE DATE.] This section is effective July 1, 2003.
30.27 Sec. 4. Minnesota Statutes 2000, section 115A.96,
30.28 subdivision 3, is amended to read:
30.29 Subd. 3. [OTHER PARTICIPANTS.] (a) The agency office may
30.30 establish or operate all or part of the management program or
30.31 may provide for services by contract or other agreement with
30.32 public or private entities.
30.33 (b) The agency office shall allow these programs to accept
30.34 up to 100 pounds of waste per year from a hazardous waste
30.35 generator that generates 220 pounds or less of hazardous waste
30.36 per month.
31.1 [EFFECTIVE DATE.] This section is effective July 1, 2003.
31.2 Sec. 5. Minnesota Statutes 2000, section 115A.96,
31.3 subdivision 4, is amended to read:
31.4 Subd. 4. [MANAGEMENT.] Any person who establishes or
31.5 operates all or part of a household hazardous waste management
31.6 program shall manage collected waste in compliance with
31.7 standards applicable to a hazardous waste generator. If
31.8 collected waste must be stored for a time exceeding those
31.9 standards, the agency office or other entity shall obtain the
31.10 approval of the commissioner of the agency and shall manage the
31.11 waste in compliance with applicable standards for the use and
31.12 management of containers, but no facility permit is required.
31.13 Waste accepted under subdivision 3, paragraph (b), must be
31.14 managed in accordance with standards applicable to the waste.
31.15 [EFFECTIVE DATE.] This section is effective July 1, 2003.
31.16 Sec. 6. Minnesota Statutes 2000, section 115A.96,
31.17 subdivision 5, is amended to read:
31.18 Subd. 5. [OTHER PROGRAMS.] A person must notify the
31.19 commissioner of the agency and director of the office before
31.20 establishing and operating any part of a household hazardous
31.21 waste management program.
31.22 [EFFECTIVE DATE.] This section is effective July 1, 2003.
31.23 Sec. 7. Minnesota Statutes 2000, section 115A.96,
31.24 subdivision 7, as added by Laws 2002, chapter 265, section 2, is
31.25 amended to read:
31.26 Subd. 7. [INDEMNIFICATION; MUNICIPALITIES.] (a) A
31.27 municipality, when operating or participating in a household
31.28 hazardous waste management program pursuant to a contract with
31.29 the agency office under this section or other law, is an
31.30 employee of the state, certified to be acting within the scope
31.31 of employment, for purposes of the indemnification provisions of
31.32 section 3.736, subdivision 9, for claims that arise out of the
31.33 transportation, management, or disposal of any waste covered by
31.34 the contract:
31.35 (1) from and after the time the waste permanently leaves
31.36 the municipality's possession and comes into the possession of
32.1 the agency's office's authorized transporter; and
32.2 (2) during the time the waste is transported between the
32.3 municipality's facilities by the agency's office's authorized
32.4 transporter.
32.5 (b) The state is not obligated to defend or indemnify a
32.6 municipality under this subdivision to the extent of the
32.7 municipality's liability insurance. The municipality's right to
32.8 indemnity is not a waiver of the limitations, defenses, and
32.9 immunities available to either the municipality or the state by
32.10 law.
32.11 [EFFECTIVE DATE.] This section is effective July 1, 2003.
32.12 Sec. 8. Laws 2002, chapter 220, article 8, section 15, is
32.13 amended to read:
32.14 Sec. 15. [INCREASE TO WATER QUALITY PERMIT FEES.]
32.15 (a) The pollution control agency shall collect water
32.16 quality permit application and annual fees that reflect the fees
32.17 in Minnesota Rules, part 7002.0310, increased to the amounts
32.18 described in paragraphs (b) to (g).
32.19 (b) The application fee for individual permits, general
32.20 permits, and general industrial stormwater permits is $240.
32.21 (c) The annual fees for individual National Pollutant
32.22 Discharge Elimination System permits for major municipal
32.23 facilities are as follows:
32.24 Design Flow in
32.25 Million Gallons Per Day Annual Fee
32.27 50 and over $175,750 $175,500
32.28 20 to 49.99 $40,350
32.29 5 to 19.99 $14,350
32.30 Up to 4.99 $5,900
32.31 (d) The annual fees for individual National Pollutant
32.32 Discharge Elimination System permits for major nonmunicipal
32.33 facilities are as follows:
32.34 Design Flow in
32.35 Million Gallons Per Day Annual Fee
32.37 20 to 49.99 $44,200
32.38 5 to 19.99 $18,250
32.39 Up to 4.99 $8,450
32.40 Cooling or mine pit
32.41 dewatering (any flow) $16,900
32.42 (e) The annual fees for individual National Pollutant
33.1 Discharge Elimination System and State Disposal System permits
33.2 for nonmajor municipal facilities with design flows greater than
33.3 0.100 million gallons per day are $1,450.
33.4 (f) The annual fees for general industrial stormwater
33.5 permits are $280.
33.6 (g) The annual fees for general National Pollutant
33.7 Discharge Elimination System and State Disposal System permits
33.8 are $345.
33.9 (h) The application and annual fees are not increased for
33.10 general construction stormwater permits and sanitary sewer
33.11 extension permits. The annual fees are not increased for
33.12 National Pollutant Discharge Elimination System and State
33.13 Disposal System permits regulating municipal nonmajors with
33.14 facility design flow of 0 to .100, sewage sludge landspreading
33.15 facilities, and nonmajor nonmunicipal facilities.
33.16 (i) The increased permit fees are effective July 1, 2002.
33.17 The agency shall adopt amended water quality permit fee rules
33.18 incorporating the permit fee increases in this subdivision under
33.19 Minnesota Statutes, section 14.389. The pollution control
33.20 agency shall begin collecting the increased permit fees on July
33.21 1, 2002, even if the rule adoption process has not been
33.22 initiated or completed. Notwithstanding Minnesota Statutes,
33.23 section 14.18, subdivision 2, the increased permit fees
33.24 reflecting the permit fee increases in this section and the rule
33.25 amendments incorporating those permit fee increases do not
33.26 require further legislative approval.
33.27 [EFFECTIVE DATE.] This section is effective the day
33.28 following final enactment.
33.29 Sec. 9. [HOUSEHOLD HAZARDOUS WASTE PROGRAM TRANSFER.]
33.30 Responsibility for the household hazardous waste program is
33.31 transferred under Minnesota Statutes, section 15.039, from the
33.32 pollution control agency to the office of environmental
33.33 assistance on July 1, 2003. The amount of base funding to be
33.34 transferred is $1,041,000 from the solid waste fund.
33.35 Sec. 10. [DIRECTOR OF THE OFFICE OF ENVIRONMENTAL
33.36 ASSISTANCE; APPOINTING AUTHORITY.]
34.1 The governor is encouraged to evaluate the advantages and
34.2 disadvantages associated with making the governor the appointing
34.3 authority for the director of environmental assistance, instead
34.4 of the commissioner of the pollution control agency as required
34.5 by Minnesota Statutes, section 115A.055, subdivision 1.
34.6 [EFFECTIVE DATE.] This section is effective the day
34.7 following final enactment.
34.8 ARTICLE 7
34.9 STATE GOVERNMENT
34.10 Section 1. [STATE GOVERNMENT APPROPRIATIONS.]
34.11 The dollar amounts in the columns under "APPROPRIATIONS"
34.12 are added to or, if shown in parentheses, are subtracted from
34.13 the appropriations in Laws 2001, First Special Session chapter
34.14 10, or other law to the specified agencies. The appropriations
34.15 are from the general fund or other named fund and are available
34.16 for the fiscal years indicated for each purpose. The figure
34.17 "2002" or "2003" means that the addition to or subtraction from
34.18 the appropriations listed under the figure are for the fiscal
34.19 year ending June 30, 2002, or June 30, 2003, respectively.
34.20 SUMMARY BY FUND
34.21 2002 2003 TOTAL
34.22 APPROPRIATIONS
34.23 General $ (2,995,000) $ (1,620,000)$ (4,615,000)
34.24 TRANSFERS IN (2,000,000) -0- (2,000,000)
34.25 APPROPRIATIONS
34.26 Available for the Year
34.27 Ending June 30
34.28 2002 2003
34.29 Sec. 2. LEGISLATURE
34.30 Subdivision 1. Total
34.31 Appropriation (3,000,000) (2,000,000)
34.32 Subd. 2. Senate
34.33 (1,000,000) (1,000,000)
34.34 Subd. 3. House of Representatives
34.35 (2,000,000) (1,000,000)
34.36 $1,000,000 of the reduction in the
34.37 first year is from amounts previously
34.38 carried forward under Minnesota
34.39 Statutes, section 16A.281.
35.1 Sec. 3. GOVERNOR -0- 375,000
35.2 $200,000 is to the office of the
35.3 governor to reopen the governor's
35.4 residence and make it available for
35.5 public use.
35.6 $175,000 is to the commissioner of
35.7 public safety to provide security at
35.8 the governor's residence.
35.9 Sec. 4. ADMINISTRATION
35.10 $2,000,000 of the balance in the State
35.11 Building Code account in the state
35.12 government special revenue fund as of
35.13 June 30, 2002, is canceled and must be
35.14 transferred to the general fund.
35.15 Sec. 5. UNIFORM LAWS COMMISSION 5,000 5,000
35.16 These appropriations are added to the
35.17 appropriations in Laws 2001, First
35.18 Special Session chapter 8, article 4,
35.19 section 8.
35.20 Sec. 6. Minnesota Statutes 2000, section 16A.28,
35.21 subdivision 6, is amended to read:
35.22 Subd. 6. [CANCELED OCTOBER 15.] On October 15 all
35.23 allotments and encumbrances for the last fiscal year shall be
35.24 canceled unless an agency head certifies to the commissioner
35.25 that there is an encumbrance for services rendered or, goods
35.26 ordered, or grants issued in the last fiscal year, or certifies
35.27 that funding will be carried forward under subdivision
35.28 1. Encumbrances for grants issued by June 30 may be certified
35.29 for a period of one year beyond the year in which the funds were
35.30 originally appropriated. Services rendered under grant
35.31 contracts may occur during the certification period. The
35.32 commissioner may: reinstate the part of the cancellation needed
35.33 to meet the certified encumbrance or charge the certified
35.34 encumbrance against the current year's appropriation.
35.35 Sec. 7. Minnesota Statutes 2000, section 16B.27, is
35.36 amended by adding a subdivision to read:
35.37 Subd. 6. [USE BY NONSTATE ENTITIES.] A nonstate entity
35.38 using the governor's residence must pay the state for all direct
35.39 and indirect costs associated with use of the facility.
35.40 Sec. 8. Laws 1997, chapter 202, article 2, section 61, as
35.41 amended by Laws 1999, chapter 250, article 1, section 106, and
35.42 Laws 2001, First Special Session chapter 10, article 2, section
36.1 85, is amended to read:
36.2 Sec. 61. [VOLUNTARY UNPAID LEAVE OF ABSENCE.]
36.3 Appointing authorities in state government may allow each
36.4 employee to take an unpaid leave of absence for up to 320 hours
36.5 during the period ending June 30, 2003, and an additional 160
36.6 hours during the period beginning July 1, 2003, and ending June
36.7 30, 2005. Each appointing authority approving such a leave
36.8 shall allow the employee to continue accruing vacation and sick
36.9 leave, be eligible for paid holidays and insurance benefits,
36.10 accrue seniority, and accrue service credit in state retirement
36.11 plans permitting service credits for authorized leaves of
36.12 absence as if the employee had actually been employed during the
36.13 time of the leave. If the leave of absence is for one full pay
36.14 period or longer, any holiday pay shall be included in the first
36.15 payroll warrant after return from the leave of absence. The
36.16 appointing authority shall attempt to grant requests for unpaid
36.17 leaves of absence consistent with the need to continue efficient
36.18 operation of the agency. However, each appointing authority
36.19 shall retain discretion to grant or refuse to grant requests for
36.20 leaves of absence and to schedule and cancel leaves, subject to
36.21 applicable provisions of collective bargaining agreements and
36.22 compensation plans.
36.23 Sec. 9. Laws 2002, chapter 220, article 10, section 4, is
36.24 amended to read:
36.25 Sec. 4. GOVERNOR'S OFFICE (460,000) (702,000)
36.26 No funding may be used for the
36.27 operation of the Washington, D.C.,
36.28 office of the state of Minnesota.
36.29 Sec. 10. Laws 2002, chapter 220, article 10, section 36,
36.30 is amended to read:
36.31 Sec. 36. [REDUCTION IN CONTRACT EXPENDITURES.]
36.32 During the biennium ending June 30, 2003, the governor must
36.33 reduce planned executive branch state agency general fund
36.34 expenditures on contracts for professional or technical services
36.35 by at least $35,000,000 $28,300,000. The governor must allocate
36.36 this reduction among executive branch state agencies. If the
36.37 governor determines that the mandated contract savings cannot be
37.1 achieved, the governor must make proportional reductions to
37.2 executive agency operating budgets in order to achieve the
37.3 savings. For purposes of this section and section 37,
37.4 "professional or technical services" has the meaning given in
37.5 Minnesota Statutes, section 16C.08, subdivision 1; and
37.6 "executive branch state agency" has the meaning given in
37.7 Minnesota Statutes, section 16A.011, subdivision 12a, and
37.8 includes but does not include the Minnesota state colleges and
37.9 universities or the higher education services office. The base
37.10 for these reductions is the amount allocated for professional or
37.11 technical service contracts in agency spending plans as of
37.12 January 1, 2002.
37.13 Sec. 11. Laws 2002, chapter 220, article 10, section 37,
37.14 as amended by Laws 2002, chapter 364, section 30, is amended to
37.15 read:
37.16 Sec. 37. [MORATORIUM ON CONSULTANT CONTRACTS.]
37.17 (a) An entity in the executive branch of state government,
37.18 including other than the Minnesota state colleges and
37.19 universities or the higher education services office, may not
37.20 enter into a new contract or renew an existing contract for
37.21 professional or technical services after the effective date of
37.22 this section and before July 1, 2003. This section does not
37.23 apply to a contract:
37.24 (1) that relates to a threat to public health, welfare, or
37.25 safety that threatens the functioning of government, the
37.26 protection of property, or the health or safety of people;
37.27 (2) that is paid for entirely with federal funds received
37.28 before the effective date of this section or the cost of which
37.29 is entirely recovered from nonstate entities;
37.30 (3) that is paid entirely with funds from the state
37.31 airports fund, trunk highway fund, county state-aid highway
37.32 fund, or municipal state-aid street fund; or
37.33 (4) for a trunk highway project of a type described in Laws
37.34 2000, chapter 479, article 1, section 2, subdivision 3,
37.35 paragraph (a), clauses (1) to (3); or
37.36 (5) that is necessary to avoid a disruption of essential
38.1 state functions, will reduce state costs, or is necessary to
38.2 avoid a legal liability.
38.3 (b) An entity in the executive branch may apply for a
38.4 waiver of the moratorium by sending a letter with reasons for
38.5 the request to the commissioner of administration for executive
38.6 branch entities governor. Upon a finding that a consultant
38.7 contract is necessary, the commissioner governor may grant a
38.8 waiver. The decision of the commissioner is final and not
38.9 subject to appeal. A monthly report of all exceptions granted
38.10 under paragraph (a) and all waivers granted must be filed by the
38.11 entity granting the waiver. The report must be published on the
38.12 entity's a state Web site, and copies must be provided to the
38.13 chairs of the house ways and means and senate finance committees
38.14 and to the legislative reference library.
38.15 Sec. 12. Laws 2002, chapter 220, article 10, section 38,
38.16 subdivision 2, is amended to read:
38.17 Subd. 2. [EXCEPTIONS.] Subdivision 1 does not apply to:
38.18 (1) an employee at a state correctional facility;
38.19 (2) an employee of the department of corrections who
38.20 provides direct services to offenders;
38.21 (3) an employee of state-operated services under the
38.22 department of human services;
38.23 (4) a student in a work-study position worker; or
38.24 (2) (5) a position that is necessary to perform essential
38.25 government services; or
38.26 (6) an employee who is paid entirely with federal funds or
38.27 a special revenue fund, or whose costs are entirely recovered
38.28 from nonstate entities, or a combination of them.
38.29 A determination under clause (2) (5) must be made by the
38.30 speaker of the house of representatives with respect to house
38.31 employees, the chair of the committee on rules and
38.32 administration with respect to senate employees, and the
38.33 legislative coordinating commission with respect to its
38.34 employees, by a constitutional officer with respect to employees
38.35 of the constitutional office, and by the governor with respect
38.36 to any other employee covered by this section. Exceptions
39.1 granted under clause (2) (5) must be reported monthly by the
39.2 entity granting the exception. The reports must be published on
39.3 the entity's Web site, and copies must be provided to the chairs
39.4 of the house ways and means and senate finance committees and to
39.5 the legislative reference library.
39.6 Sec. 13. Laws 2002, chapter 220, article 10, section 38,
39.7 subdivision 3, is amended to read:
39.8 Subd. 3. [ANTICIPATED SAVINGS.] The legislature
39.9 anticipates that application of this section to executive branch
39.10 agencies and to the Minnesota state colleges and universities
39.11 will result in savings to the general fund of
39.12 $40,000,000 $29,736,000 by June 30, 2003. If the governor
39.13 determines that application of this section will not result
39.14 in $40,000,000 $29,736,000 in savings to the general fund by
39.15 June 30, 2003, the governor must make proportional reductions in
39.16 executive agency operating budgets necessary to achieve these
39.17 savings. If the governor makes proportional reductions to
39.18 executive agency operating budgets to achieve the required
39.19 savings, the governor shall exclude from the reductions:
39.20 (1) the department of corrections with respect to employees
39.21 at state correctional institutions or who provide direct
39.22 services to offenders; and
39.23 (2) the department of human services with respect to
39.24 state-operated services.
39.25 Sec. 14. Laws 2002, chapter 220, article 10, section 39,
39.26 is amended to read:
39.27 Sec. 39. [SAVINGS ARE ADDITIONAL.]
39.28 Savings achieved in sections 36 to 38 from the freeze in
39.29 state hiring or the reduction in the number of state contracts
39.30 for professional or technical services are in addition to
39.31 reductions in spending required by other sections of this
39.32 article act.
39.33 Sec. 15. [NONPROFIT GRANT AND CONTRACT DECISIONS.]
39.34 Subdivision 1. [FISCAL YEAR 2002 PROCESSING.] (a) This
39.35 subdivision applies when:
39.36 (1) a state agency has delayed its final decision on
40.1 whether to enter into a grant or contract with a nonprofit
40.2 corporation to spend money appropriated for the fiscal year
40.3 ending June 30, 2002, pending elimination of the state budget
40.4 deficit; and
40.5 (2) the nonprofit corporation has provided services based
40.6 on an appropriation that names the nonprofit corporation or
40.7 based on a grant award letter from a state agency to the
40.8 nonprofit corporation.
40.9 (b) In a circumstance described in paragraph (a), within 15
40.10 business days after final enactment of this act the state agency
40.11 must:
40.12 (1) process the grant or contract with the nonprofit
40.13 corporation; and
40.14 (2) issue payment to the nonprofit corporation for services
40.15 already provided.
40.16 Subd. 2. [FISCAL YEAR 2002 RETROACTIVITY.] A contract
40.17 encumbered or a grant awarded by a state agency to a nonprofit
40.18 corporation for services rendered in the fiscal year ending June
40.19 30, 2002, is retroactive to the date that services were first
40.20 provided under the contract or grant.
40.21 Subd. 3. [FISCAL YEAR 2003.] A contract encumbered or a
40.22 grant awarded by a state agency to a nonprofit corporation for
40.23 services rendered in the fiscal year ending June 30, 2003, is
40.24 retroactive to the date that services were first provided under
40.25 the contract or grant.
40.26 Sec. 16. [VOTING EQUIPMENT GRANTS.]
40.27 Within 30 days after the effective date of this section,
40.28 the commissioner of administration must make voting equipment
40.29 grants authorized by Minnesota Statutes 2001 Supplement, section
40.30 204B.48, to the full extent of appropriations available for
40.31 these grants under Laws 2001, First Special Session chapter 10,
40.32 article 1, section 12, subdivision 7, as amended by Laws 2002,
40.33 chapter 220, article 10, section 10, subdivision 8.
40.34 Sec. 17. [EFFECTIVE DATE.]
40.35 This article is effective the day following final enactment.
40.36 ARTICLE 8
41.1 CANCELLATIONS; CASH FLOW; TRANSFERS IN
41.2 Section 1. Minnesota Statutes 2001 Supplement, section
41.3 62J.694, subdivision 1, is amended to read:
41.4 Subdivision 1. [CREATION.] (a) The medical education
41.5 endowment fund is created in the state treasury. The state
41.6 board of investment shall invest the fund under section 11A.24.
41.7 All earnings of the fund must be credited to the fund. The
41.8 principal of the fund must be maintained inviolate, except that
41.9 the principal may be used to make expenditures from the fund for
41.10 the purposes specified in this section when the market value of
41.11 the fund falls below 105 percent of the cumulative total of the
41.12 tobacco settlement payments received by the state and credited
41.13 to the tobacco settlement fund under section 16A.87, subdivision
41.14 2. For purposes of this section, "principal" means an amount
41.15 equal to the cumulative total of the tobacco settlement payments
41.16 received by the state and credited to the tobacco settlement
41.17 fund under section 16A.87, subdivision 2.
41.18 (b) If the commissioner of finance determines that probable
41.19 receipts to the general fund will be sufficient to meet the need
41.20 for expenditures from the general fund for a fiscal biennium,
41.21 after using the cash reserves of the tobacco use prevention and
41.22 local public health endowment fund, excluding an amount
41.23 sufficient to meet the annual appropriations in section 144.395,
41.24 subdivision 2, the commissioner may use cash reserves of the
41.25 medical education endowment fund, excluding the amounts needed
41.26 to meet the appropriations described in subdivisions 2 and 2a,
41.27 to pay expenses of the general fund. If cash reserves are
41.28 transferred to the general fund to meet cash flow needs, the
41.29 amount transferred, plus interest at a rate comparable to the
41.30 rate earned by the state on invested treasurer's cash, as
41.31 determined monthly by the commissioner, must be returned to the
41.32 endowment fund as soon as sufficient cash balances are available
41.33 in the general fund, but in any event before the end of the
41.34 fiscal biennium. An amount necessary to pay the interest is
41.35 appropriated from the general fund. If cash reserves of the
41.36 endowment fund are used to pay expenses for the general fund,
42.1 notwithstanding subdivision 2, paragraph (d), the academic
42.2 health center shall be held harmless to the extent possible.
42.3 When determining the fair market value of the fund, for the
42.4 purposes described in subdivisions 2 and 2a, the value of the
42.5 cash reserves transferred to the general fund must be included
42.6 in the determination.
42.7 (c) The academic health center account is created as a
42.8 separate account in the medical education endowment fund. The
42.9 account is invested under paragraph (a). All earnings of the
42.10 account must be credited to the account. The principal of the
42.11 account must be maintained inviolate, except that the principal
42.12 may be used to make expenditures from the account for the
42.13 purposes specified in subdivision 2a when the value of the
42.14 account falls below an amount equal to deposits made to the
42.15 account under section 16A.87, subdivision 3, paragraph (b).
42.16 Sec. 2. Minnesota Statutes 2000, section 79.251,
42.17 subdivision 1, is amended to read:
42.18 Subdivision 1. [ASSIGNED RISK PLAN REVIEW BOARD.] (a) (1)
42.19 An assigned risk plan review board is created for the purposes
42.20 of review of the operation of section 79.252 and this section.
42.21 The board shall have all the usual powers and authorities
42.22 necessary for the discharge of its duties under this section and
42.23 may contract with individuals in discharge of those duties.
42.24 (2) The board shall consist of six members to be appointed
42.25 by the commissioner of commerce. Three members shall be
42.26 insureds holding policies or contracts of coverage issued
42.27 pursuant to subdivision 4. Two members shall be insurers
42.28 licensed pursuant to section 60A.06, subdivision 1, clause (5),
42.29 paragraph (b). The commissioner shall be the sixth member and
42.30 shall vote.
42.31 Initial appointments shall be made by September 1, 1981,
42.32 and terms shall be for three years duration. Removal, the
42.33 filling of vacancies and compensation of the members other than
42.34 the commissioner shall be as provided in section 15.059.
42.35 (3) The assigned risk plan review board shall audit the
42.36 reserves established (a) for individual cases arising under
43.1 policies and contracts of coverage issued under subdivision 4
43.2 and (b) for the total book of business issued under subdivision
43.3 4. If the board determines on the basis of an audit that there
43.4 is an excess surplus in the assigned risk plan, it must notify
43.5 the commissioner of finance who shall transfer assets of the
43.6 plan equal to the excess surplus to the budget reserve account
43.7 in the general fund.
43.8 (4) The assigned risk plan review board shall monitor the
43.9 operations of section 79.252 and this section and shall
43.10 periodically make recommendations to the commissioner, and to
43.11 the governor and legislature when appropriate, for improvement
43.12 in the operation of those sections.
43.13 (5) All insurers and self-insurance administrators issuing
43.14 policies or contracts under subdivision 4 shall pay to the
43.15 commissioner a .25 percent assessment on premiums for policies
43.16 and contracts of coverage issued under subdivision 4 for the
43.17 purpose of defraying the costs of the assigned risk plan review
43.18 board. Proceeds of the assessment shall be deposited in the
43.19 state treasury and credited to the general fund.
43.20 (6) The assigned risk plan and the assigned risk plan
43.21 review board shall not be deemed a state agency.
43.22 (b) As used in this subdivision, "excess surplus" means the
43.23 amount of assigned risk plan assets in excess of the amount
43.24 needed to pay all current liabilities of the plan, including,
43.25 but not limited to:
43.26 (1) administrative expenses;
43.27 (2) benefit claims; and
43.28 (3) if the assigned risk plan is dissolved under
43.29 subdivision 8, the amounts that would be due insurers who have
43.30 paid assessments to the plan.
43.31 Sec. 3. Minnesota Statutes 2000, section 144.395,
43.32 subdivision 1, as amended by Laws 2002, chapter 220, article 13,
43.33 section 6, is amended to read:
43.34 Subdivision 1. [CREATION.] (a) The tobacco use prevention
43.35 and local public health endowment fund is created in the state
43.36 treasury. The state board of investment shall invest the fund
44.1 under section 11A.24. All earnings of the fund must be credited
44.2 to the fund. The principal of the fund must be maintained
44.3 inviolate, except that the principal may be used to make
44.4 expenditures from the fund for the purposes specified in this
44.5 section when the market value of the fund falls below 105
44.6 percent of the cumulative total of the tobacco settlement
44.7 payments received by the state and credited to the tobacco
44.8 settlement fund under section 16A.87, subdivision 2. For
44.9 purposes of this section, "principal" means an amount equal to
44.10 the cumulative total of the tobacco settlement payments received
44.11 by the state and credited to the tobacco settlement fund under
44.12 section 16A.87, subdivision 2.
44.13 (b) If the commissioner of finance determines that probable
44.14 receipts to the general fund will not be sufficient to meet the
44.15 need for expenditures from the general fund for a fiscal
44.16 biennium, the commissioner may use cash reserves of the tobacco
44.17 use prevention and local public health endowment fund, excluding
44.18 an amount sufficient to meet the annual appropriations in
44.19 subdivision 2, to pay expenses of the general fund. If cash
44.20 reserves are transferred to the general fund to meet cash flow
44.21 needs, the cash flow transfers amount transferred, plus interest
44.22 at a rate comparable to the rate earned by the state on invested
44.23 treasurer's cash, as determined monthly by the commissioner,
44.24 must be returned to the endowment fund as soon as sufficient
44.25 cash balances are available in the general fund, but in any
44.26 event before the end of the fiscal biennium. Any interest
44.27 earned on cash flow transfers from the endowment fund accrues to
44.28 the endowment fund and not to the general fund. An amount
44.29 necessary to pay the interest is appropriated from the general
44.30 fund. If cash reserves of the endowment fund are used to pay
44.31 expenses for the general fund, the recipients of the grants
44.32 shall be held harmless to the extent possible in the following
44.33 order: (1) local public health; (2) local tobacco prevention;
44.34 and (3) statewide tobacco prevention. When determining the fair
44.35 market value of the fund, for the purposes described in
44.36 subdivision 2, the value of the cash reserves transferred to the
45.1 general fund must be included in the determination.
45.2 Sec. 4. Laws 2002, chapter 220, article 13, section 7, is
45.3 amended to read:
45.4 Sec. 7. [BALANCES CANCELED TO GENERAL FUND.]
45.5 The unobligated balances in the following general fund
45.6 accounts created in the sections of Minnesota Statutes indicated
45.7 are canceled to the general fund in the fiscal years indicated:
45.8 (1) the budget reserve account, Minnesota Statutes, section
45.9 16A.152, subdivision 1a, estimated to be $653,000,000, in fiscal
45.10 year 2002;
45.11 (2) the local government aid reform account, Minnesota
45.12 Statutes, section 16A.1523, estimated to be $14,000,000, in
45.13 fiscal year 2003;
45.14 (3) the tax relief account, Minnesota Statutes, section
45.15 16A.1522, subdivision 4, estimated to be $158,148,000, in fiscal
45.16 year 2004 2003; and
45.17 (4) $195,000,000 $350,000,000 of the unobligated balance in
45.18 the cash flow account in Minnesota Statutes, section 16A.152,
45.19 subdivision 1.
45.20 Sec. 5. Laws 2002, chapter 220, article 13, section 9,
45.21 subdivision 1, is amended to read:
45.22 Subdivision 1. [ASSIGNED RISK PLAN.] By June 30, 2002, the
45.23 commissioner of finance shall transfer $120,000,000 $134,000,000
45.24 in assets of the assigned risk plan created under Minnesota
45.25 Statutes, section 79.252, to the general fund. $25,100,000 is
45.26 appropriated from the general fund to the commissioner of
45.27 finance to fund the settlement of the lawsuit entitled Danny's
45.28 Trannys, Inc. et al. v. State, et al., Ramsey County District
45.29 Court No. C7-00-5714, and to reimburse the tort claims account
45.30 for amounts paid to implement settlement of this lawsuit.
45.31 Sec. 6. Laws 2002, chapter 220, article 13, section 9,
45.32 subdivision 2, is amended to read:
45.33 Subd. 2. [SPECIAL COMPENSATION FUND.] After June 1, 2003,
45.34 but no later than June 30, 2003, the commissioner of finance
45.35 shall transfer $230,000,000 $250,000,000 in assets of the excess
45.36 surplus account of the special compensation fund created under
46.1 Minnesota Statutes, section 176.129, to the general fund.
46.2 Sec. 7. [BALANCES DEPOSITED IN BUDGET RESERVE.]
46.3 Notwithstanding Minnesota Statutes, section 16A.1522, any
46.4 positive unrestricted general fund balance on June 30, 2003,
46.5 must be allocated to the budget reserve account in the general
46.6 fund.
46.7 Sec. 8. [EFFECTIVE DATE.]
46.8 This article is effective the day following final
46.9 enactment, except that section 2 is effective January 1, 2003,
46.10 and sections 1 and 3 are effective July 1, 2003.
46.11 ARTICLE 9
46.12 HEALTH AND HUMAN SERVICES APPROPRIATIONS
46.13 Section 1. [HEALTH AND HUMAN SERVICES APPROPRIATIONS.]
46.14 The dollar amounts shown in the columns marked
46.15 "APPROPRIATIONS" are added to or, if shown in parentheses, are
46.16 subtracted from the appropriations in Laws 2001, First Special
46.17 Session chapter 9, and Laws 2002, chapter 220, or other law, and
46.18 are appropriated from the general fund, or any other fund named,
46.19 to the agencies and for the purposes specified in this article,
46.20 to be available for the fiscal years indicated for each
46.21 purpose. The figures "2002" and "2003" used in this article
46.22 mean that the appropriation or appropriations listed under them
46.23 are available for the fiscal year ending June 30, 2002, or June
46.24 30, 2003, respectively.
46.25 SUMMARY BY FUND
46.26 2002 2003 TOTAL
46.27 General
46.28 Forecast
46.29 Adjustments $47,032,000 $26,019,000 $73,051,000
46.30 Nonforecast 1,660,000 (26,554,000) (24,894,000)
46.31 Health Care
46.32 Access (2,605,000) (4,318,000) (6,923,000)
46.33 Federal TANF (7,383,000) 8,896,000 1,513,000
46.34 State Government
46.35 Special Revenue -0- 4,000 4,000
46.36 APPROPRIATIONS
46.37 Available for the Year
46.38 Ending June 30
46.39 2002 2003
47.1 Sec. 2. COMMISSIONER OF
47.2 HUMAN SERVICES
47.3 Subdivision 1. Total
47.4 Appropriation $ 38,704,000 $ 3,143,000
47.5 Summary by Fund
47.6 General 48,692,000 (1,435,000)
47.7 Health Care
47.8 Access (2,605,000) (4,318,000)
47.9 Federal TANF (7,383,000) 8,896,000
47.10 Subd. 2. Children's
47.11 Grants
47.12 General -0- (4,748,000)
47.13 [FAMILY PRESERVATION AND CHILDREN'S
47.14 MENTAL HEALTH GRANTS.] This
47.15 appropriation includes a reduction of
47.16 $6,548,000 in family preservation and
47.17 children's mental health grants due to
47.18 changes in allocations and an increase
47.19 of $1,800,000 in local collaboratives
47.20 wraparound services coordination
47.21 grants. The increased appropriation
47.22 for coordination grants shall become
47.23 part of base level funding for the
47.24 biennium beginning July 1, 2003.
47.25 Subd. 3. Basic Health Care
47.26 Grants
47.27 General 10,999,000 6,126,000
47.28 Health Care
47.29 Access (2,605,000) (4,318,000)
47.30 The amounts that may be spent from this
47.31 appropriation for each purpose are as
47.32 follows:
47.33 (a) MinnesotaCare Grants
47.34 Health Care
47.35 Access (2,605,000) (4,318,000)
47.36 [MINNESOTACARE ELIGIBILITY
47.37 DETERMINATION CARRYOVER.] The
47.38 appropriation for the biennium
47.39 beginning July 1, 2001, in Laws 2001,
47.40 First Special Session chapter 9,
47.41 article 17, section 2, subdivision 7,
47.42 paragraph (b), for activities related
47.43 to processing MinnesotaCare
47.44 applications and determining applicant
47.45 eligibility shall not cancel but shall
47.46 be available until June 30, 2005.
47.47 (b) MA Basic Health Care
47.48 Grants - Families and Children
47.49 General 7,437,000 (5,285,000)
47.50 (c) MA Basic Health Care
47.51 Grants - Elderly and Disabled
47.52 General (779,000) 7,476,000
48.1 (d) General Assistance
48.2 Medical Care Grants
48.3 General 2,681,000 5,080,000
48.4 (e) Health Care Grants -
48.5 Other Assistance
48.6 General 1,660,000 (1,145,000)
48.7 [U SPECIAL KIDS PROGRAM.] Of this
48.8 appropriation, $350,000 in fiscal year
48.9 2002 is immediately available to the
48.10 commissioner to be transferred
48.11 immediately to the University of
48.12 Minnesota for the U Special Kids
48.13 program. The money may be used to
48.14 match private grants. The money shall
48.15 be used to provide physician-supervised
48.16 medical case management services for up
48.17 to 50 Minnesota children in the program
48.18 who are eligible for medical
48.19 assistance. Any unspent portion of
48.20 this appropriation shall not cancel but
48.21 shall be available for these purposes
48.22 until June 30, 2005. This is a onetime
48.23 appropriation and shall not become part
48.24 of base level funding for the 2004-2005
48.25 biennium.
48.26 [HIV/AIDS DRUG REBATES.] For the fiscal
48.27 year ending June 30, 2003, $1,150,000
48.28 of the general fund appropriations for
48.29 HIV/AIDS grants and services that are
48.30 no longer needed as a result of greater
48.31 than anticipated collections under the
48.32 AIDS drug assistance program rebate
48.33 must be used to meet funding needs of
48.34 the state prescription drug program.
48.35 [ADAP FUNDING.] For the fiscal year
48.36 ending June 30, 2003, $1,150,000 from
48.37 the AIDS drug assistance program (ADAP)
48.38 rebate program shall be used to meet
48.39 the needs of the HIV/AIDS grants and
48.40 services program.
48.41 Subd. 4. State-Operated
48.42 Services
48.43 General -0- 4,000,000
48.44 [STATE-OPERATED SERVICES DEDICATED
48.45 REVENUE ACCOUNTS.] The commissioner of
48.46 human services shall provide the chairs
48.47 of the house and senate health and
48.48 human services finance committees
48.49 copies of all dedicated revenue account
48.50 quarterly and annual financial
48.51 statements that are reviewed by the
48.52 state-operated services governing
48.53 board. The annual financial statement
48.54 must include a summary of revenues,
48.55 expenditures, obligations, and cash
48.56 balances. The description of cash
48.57 balances must specifically identify
48.58 cash balances included in funded
48.59 depreciation accounts and in cash flow
48.60 reserves for 120 days of operating
48.61 expense. The annual financial
48.62 statement must clearly delineate any
49.1 amount of cash reserve that is in
49.2 excess of requirements for funded
49.3 depreciation and 120 days of operating
49.4 expense. Quarterly financial
49.5 statements must be available to the
49.6 chairs within 30 days of the closing
49.7 date for that quarter. The annual
49.8 financial statement must be available
49.9 by August 15 of each year.
49.10 [ONETIME APPROPRIATION.] Of the
49.11 appropriation for fiscal year 2003,
49.12 $4,000,000 is from the general fund to
49.13 the commissioner of human services for
49.14 state-operated services. This is a
49.15 onetime appropriation and shall not
49.16 become part of base level funding.
49.17 [STATE-OPERATED SERVICES STUDY.] The
49.18 commissioner of human services, in
49.19 consultation with community
49.20 representatives, shall evaluate
49.21 strategies to consolidate the delivery
49.22 of state-operated services. Strategies
49.23 shall be considered in the context of
49.24 other community-based services
49.25 options. By January 15, 2003, the
49.26 commissioner shall provide
49.27 recommendations to the 2003 legislature
49.28 that result from this evaluation.
49.29 [ONETIME REDUCTION TO SHARED SERVICES
49.30 DEDICATED REVENUES.] For fiscal year
49.31 2003 only, $564,000 of fund balances
49.32 within the accounts established under
49.33 Minnesota Statutes, section 246.57,
49.34 subdivision 1, shall be transferred to
49.35 the general fund.
49.36 Subd. 5. Continuing Care
49.37 Grants
49.38 [FUNDING USAGE.] Up to 75 percent of
49.39 the fiscal year 2004 appropriations for
49.40 family preservation grants,
49.41 developmental disability
49.42 semi-independent living services,
49.43 developmental disability family
49.44 support, adult mental health grants,
49.45 and children's mental health grants may
49.46 be used to fund calendar year 2003
49.47 allocations for these programs, with
49.48 the resulting calendar year funding
49.49 pattern continuing into the future.
49.50 Appropriation reductions associated
49.51 with this shift are one time only.
49.52 General 27,896,000 (4,863,000)
49.53 The amounts that may be spent from this
49.54 appropriation for each purpose are as
49.55 follows:
49.56 (a) Medical Assistance
49.57 Long-Term Care Waivers and
49.58 Home Care Grants
49.59 General 26,054,000 26,552,000
49.60 (b) Medical Assistance
49.61 Long-Term Care Facilities
50.1 Grants
50.2 General 1,815,000 (736,000)
50.3 (c) Group Residential
50.4 Housing Grants
50.5 General 27,000 689,000
50.6 (d) Chemical Dependency
50.7 Entitlement Grants
50.8 General -0- (1,000,000)
50.9 [ADDITIONAL CONSOLIDATED CHEMICAL
50.10 DEPENDENCY TREATMENT FUND RESERVE
50.11 TRANSFER.] In addition to the amount
50.12 transferred in Laws 2002, chapter 220,
50.13 article 17, section 2, subdivision 6,
50.14 paragraph (e), an additional $7,000,000
50.15 of funds available in the consolidated
50.16 chemical dependency treatment fund
50.17 general reserve account is transferred
50.18 to the general fund in fiscal year 2003.
50.19 (e) Community Social
50.20 Service Grants
50.21 General -0- (13,730,000)
50.22 (f) Mental Health
50.23 Grants
50.24 General -0- (13,635,000)
50.25 This reduction is one time only.
50.26 (g) Community Support
50.27 Grants
50.28 General -0- (3,003,000)
50.29 Subd. 6. Economic
50.30 Support Grants
50.31 General 9,797,000 (1,950,000)
50.32 Federal TANF (7,383,000) 8,896,000
50.33 The amounts that may be spent from the
50.34 appropriation for each purpose are as
50.35 follows:
50.36 (a) Assistance to Families
50.37 Grants
50.38 General 8,712,000 (3,740,000)
50.39 Federal TANF (7,383,000) 8,803,000
50.40 [AUTHORITY TO CARRYFORWARD AUTHORIZED
50.41 TRANSFER.] The $11,000,000 in TANF
50.42 funds authorized for transfer to title
50.43 XX of the federal Social Security Act
50.44 grants in fiscal year 2003 by Laws
50.45 1999, chapter 245, article 1, section
50.46 2, subdivision 11, are available for
50.47 expenditure in fiscal year 2004.
50.48 (b) General Assistance
50.49 Grants
51.1 General 1,361,000 1,779,000
51.2 (c) Economic Support -
51.3 Other Assistance
51.4 Federal TANF -0- 93,000
51.5 [TANF TRANSFER TO THE DEPARTMENT OF
51.6 CHILDREN, FAMILIES, AND LEARNING.] Of
51.7 the TANF appropriation, $93,000 in
51.8 fiscal year 2003 is appropriated to the
51.9 commissioner of children, families, and
51.10 learning for the purposes of Minnesota
51.11 Statutes, section 119B.05. The
51.12 commissioner of human services shall
51.13 authorize a sufficient transfer of
51.14 funds from the state's federal TANF
51.15 block grant to the state's federal
51.16 child care development fund block grant
51.17 to meet this appropriation.
51.18 (d) Minnesota Supplemental
51.19 Aid Grants
51.20 General (276,000) 11,000
51.21 Sec. 3. COMMISSIONER OF HEALTH
51.22 Subdivision 1. Total Appropriation -0- 4,000
51.23 Summary by Fund
51.24 State Government
51.25 Special Revenue -0- 4,000
51.26 Subd. 2. Family and Provider
51.27 Compliance
51.28 State Government
51.29 Special Revenue -0- 4,000
51.30 [REGISTRATION COSTS.] This
51.31 appropriation in fiscal year 2003 is to
51.32 the commissioner for the costs of
51.33 registering establishments under
51.34 Minnesota Statutes, section 144D.025.
51.35 Sec. 4. VETERANS NURSING
51.36 HOMES BOARD
51.37 Summary by Fund
51.38 General -0- 900,000
51.39 [DEFICIENCY APPROPRIATION.] The
51.40 appropriation to the veterans nursing
51.41 homes board for fiscal year 2003 is for
51.42 a deficiency in board operations. This
51.43 is a onetime appropriation and shall
51.44 not become part of base level funding
51.45 for the 2004-2005 biennium.
51.46 Sec. 5. [VETERANS NURSING HOMES BOARD FUNDING.]
51.47 (a) Notwithstanding Minnesota Statutes, section 16B.31,
51.48 subdivision 7, on July 1, 2002, the commissioner of
51.49 administration shall transfer to the veterans nursing homes
52.1 board any remaining portion of the payments received from
52.2 contractors for the mold damage at the Luverne facility.
52.3 (b) Notwithstanding the provisions of Minnesota Statutes,
52.4 section 16A.151, any payments made during fiscal year 2003 from
52.5 contractors to settle legal issues regarding the mold damage at
52.6 the Luverne facility are appropriated to the veterans nursing
52.7 homes board.
52.8 (c) Total appropriations to the veterans nursing homes
52.9 board under this section shall not exceed $500,000.
52.10 Sec. 6. [EXEMPTIONS FROM REDUCTION IN CONTRACT
52.11 EXPENDITURES AND FROM HIRING FREEZE.]
52.12 For fiscal year 2003, the department of human services is
52.13 exempt from the hiring freeze established in Laws 2002, chapter
52.14 220, article 10, section 38, as amended by article 7, section
52.15 12, and the contract moratorium established in Laws 2002,
52.16 chapter 220, article 10, section 37, as amended by article 7,
52.17 section 11, and by Laws 2002, chapter 364, section 30, as it
52.18 relates to the establishment and implementation of a
52.19 supplemental drug rebate program.
52.20 Sec. 7. [INCARCERATION REPORT.]
52.21 By February 1, 2003, the commissioner of corrections must
52.22 report to the chairs and ranking minority members of the house
52.23 of representatives and senate committees having jurisdiction
52.24 over criminal justice and judiciary finance divisions
52.25 alternatives for dealing with offenders who actually serve less
52.26 than one year in prison. This report shall include capital and
52.27 operating costs, possible partnerships, renting beds from public
52.28 or private facilities, and current prison capacities.
52.29 Sec. 8. [FISCAL 2003 TANF MAINTENANCE OF EFFORT.]
52.30 The commissioner of human services must ensure that the
52.31 maintenance of effort amount used in the MFIP forecast of
52.32 November 2002 and February 2003 is not less than $188,937,000
52.33 with respect to fiscal year 2003.
52.34 Sec. 9. [SUNSET OF UNCODIFIED LANGUAGE.]
52.35 All uncodified language contained in this article expires
52.36 June 30, 2003, unless a different expiration date is explicit.
53.1 Sec. 10. [EFFECTIVE DATE.]
53.2 Except as otherwise provided in this article, this article
53.3 is effective the day following final enactment.
53.4 ARTICLE 10
53.5 HEALTH AND HUMAN SERVICES
53.6 Section 1. Minnesota Statutes 2000, section 13.05,
53.7 subdivision 4, is amended to read:
53.8 Subd. 4. [LIMITATIONS ON COLLECTION AND USE OF DATA.]
53.9 Private or confidential data on an individual shall not be
53.10 collected, stored, used, or disseminated by political
53.11 subdivisions, statewide systems, or state agencies for any
53.12 purposes other than those stated to the individual at the time
53.13 of collection in accordance with section 13.04, except as
53.14 provided in this subdivision.
53.15 (a) Data collected prior to August 1, 1975, and which have
53.16 not been treated as public data, may be used, stored, and
53.17 disseminated for the purposes for which the data was originally
53.18 collected or for purposes which are specifically approved by the
53.19 commissioner as necessary to public health, safety, or welfare.
53.20 (b) Private or confidential data may be used and
53.21 disseminated to individuals or agencies specifically authorized
53.22 access to that data by state, local, or federal law enacted or
53.23 promulgated after the collection of the data.
53.24 (c) Private or confidential data may be used and
53.25 disseminated to individuals or agencies subsequent to the
53.26 collection of the data when the responsible authority
53.27 maintaining the data has requested approval for a new or
53.28 different use or dissemination of the data and that request has
53.29 been specifically approved by the commissioner as necessary to
53.30 carry out a function assigned by law.
53.31 (d) Private data may be used by and disseminated to any
53.32 person or agency if the individual subject or subjects of the
53.33 data have given their informed consent. Whether a data subject
53.34 has given informed consent shall be determined by rules of the
53.35 commissioner. Informed consent shall not be deemed to have been
53.36 given by an individual subject of the data by the signing of any
54.1 statement authorizing any person or agency to disclose
54.2 information about the individual to an insurer or its authorized
54.3 representative, unless the statement is:
54.4 (1) in plain language;
54.5 (2) dated;
54.6 (3) specific in designating the particular persons or
54.7 agencies the data subject is authorizing to disclose information
54.8 about the data subject;
54.9 (4) specific as to the nature of the information the
54.10 subject is authorizing to be disclosed;
54.11 (5) specific as to the persons or agencies to whom the
54.12 subject is authorizing information to be disclosed;
54.13 (6) specific as to the purpose or purposes for which the
54.14 information may be used by any of the parties named in clause
54.15 (5), both at the time of the disclosure and at any time in the
54.16 future;
54.17 (7) specific as to its expiration date which should be
54.18 within a reasonable period of time, not to exceed one year
54.19 except in the case of authorizations given in connection with
54.20 applications for (i) life insurance or noncancelable or
54.21 guaranteed renewable health insurance and identified as such,
54.22 two years after the date of the policy or (ii) medical
54.23 assistance under chapter 256B or MinnesotaCare under chapter
54.24 256L, which shall be ongoing during all terms of eligibility,
54.25 for individual education plan health-related services provided
54.26 by a school district under section 125A.21, subdivision 2.
54.27 The responsible authority may require a person requesting
54.28 copies of data under this paragraph to pay the actual costs of
54.29 making, certifying, and compiling the copies.
54.30 (e) Private or confidential data on an individual may be
54.31 discussed at a meeting open to the public to the extent provided
54.32 in section 13D.05.
54.33 [EFFECTIVE DATE.] This section is effective the day
54.34 following final enactment.
54.35 Sec. 2. Minnesota Statutes 2001 Supplement, section
54.36 241.021, subdivision 4, is amended to read:
55.1 Subd. 4. [HEALTH CARE.] The commissioner of corrections
55.2 shall provide professional health care to persons confined in
55.3 institutions under the control of the commissioner of
55.4 corrections and pay the costs of their care in hospitals and
55.5 other medical facilities not under the control of the
55.6 commissioner of corrections. All reimbursements for these
55.7 health care services shall be deposited in the general fund.
55.8 The commissioner of corrections is authorized to contract
55.9 with or reimburse entities, including health care management
55.10 companies, to provide health care to inmates, at reimbursement
55.11 rates equal to medical assistance unless otherwise negotiated.
55.12 With respect to these contracts, these entities shall not be
55.13 regulated as, or otherwise considered to be, health plan
55.14 companies as defined in section 62Q.01, subdivision 4.
55.15 Sec. 3. Minnesota Statutes 2000, section 241.44, is
55.16 amended by adding a subdivision to read:
55.17 Subd. 5. [GRANTS.] The ombudsman may apply for and receive
55.18 grants from public and private entities for purposes of carrying
55.19 out the ombudsman's powers and duties under sections 241.41 to
55.20 241.45.
55.21 Sec. 4. Minnesota Statutes 2000, section 256.9657,
55.22 subdivision 1, as amended by Laws 2002, chapter 220, article 14,
55.23 section 5, is amended to read:
55.24 Subdivision 1. [NURSING HOME LICENSE SURCHARGE.] (a)
55.25 Effective July 1, 1993, each non-state-operated nursing home
55.26 licensed under chapter 144A shall pay to the commissioner an
55.27 annual surcharge according to the schedule in subdivision 4.
55.28 The surcharge shall be calculated as $620 per licensed bed. If
55.29 the number of licensed beds is reduced, the surcharge shall be
55.30 based on the number of remaining licensed beds the second month
55.31 following the receipt of timely notice by the commissioner of
55.32 human services that beds have been delicensed. The nursing home
55.33 must notify the commissioner of health in writing when beds are
55.34 delicensed. The commissioner of health must notify the
55.35 commissioner of human services within ten working days after
55.36 receiving written notification. If the notification is received
56.1 by the commissioner of human services by the 15th of the month,
56.2 the invoice for the second following month must be reduced to
56.3 recognize the delicensing of beds. Beds on layaway status
56.4 continue to be subject to the surcharge. The commissioner of
56.5 human services must acknowledge a medical care surcharge appeal
56.6 within 30 days of receipt of the written appeal from the
56.7 provider.
56.8 (b) Effective July 1, 1994, the surcharge in paragraph (a)
56.9 shall be increased to $625.
56.10 (c) Effective August 15, 2003, the surcharge under
56.11 paragraph (b) shall be increased by an amount necessary to
56.12 ensure a net gain to the general fund of $9,620,000 during
56.13 fiscal year 2004 as a result of:
56.14 (1) the total transfers anticipated during the fiscal year
56.15 ending June 30, 2004, under section 256B.19, subdivision 1d,
56.16 paragraph (c);
56.17 (2) the county nursing home payment adjustments under
56.18 section 256B.431, subdivision 23, paragraph (c);
56.19 (3) the surcharges under this paragraph; and
56.20 (4) the nursing facility rate increases under section
56.21 256B.431, subdivision 37.
56.22 The increase under this paragraph shall not exceed $365 per bed.
56.23 (d) Effective August 15, 2004 2002, the surcharge under
56.24 paragraph (c) (b) shall be equal to an amount necessary to
56.25 ensure a net gain to the general fund each fiscal year of
56.26 $10,228,000 as a result of: increased to $990.
56.27 (1) the total transfers anticipated during the fiscal year
56.28 under section 256B.19, subdivision 1d, paragraph (c);
56.29 (2) the county nursing home payment adjustments under
56.30 section 256B.431, subdivision 23, paragraph (c);
56.31 (3) the surcharges under this paragraph; and
56.32 (4) the nursing facility rate increases under section
56.33 256B.431, subdivision 37.
56.34 The surcharge under this paragraph shall not exceed $365 per bed.
56.35 Sec. 5. Minnesota Statutes 2000, section 256B.431,
56.36 subdivision 23, as amended by Laws 2002, chapter 220, article
57.1 14, section 9, is amended to read:
57.2 Subd. 23. [COUNTY NURSING HOME PAYMENT ADJUSTMENTS.] (a)
57.3 Beginning in 1994, the commissioner shall pay a nursing home
57.4 payment adjustment on May 31 after noon to a county in which is
57.5 located a nursing home that, as of January 1 of the previous
57.6 year on that date, was county-owned and operated, with the
57.7 county named as licensee by the commissioner of health, and had
57.8 over 40 beds and medical assistance occupancy in excess of 50
57.9 percent during the reporting year ending September 30, 1991.
57.10 The adjustment shall be an amount equal to $16 per calendar day
57.11 multiplied by the number of beds licensed in the facility as of
57.12 September 30, 1991.
57.13 (b) Payments under paragraph (a) are excluded from medical
57.14 assistance per diem rate calculations. These payments are
57.15 required notwithstanding any rule prohibiting medical assistance
57.16 payments from exceeding payments from private pay residents. A
57.17 facility receiving a payment under paragraph (a) may not
57.18 increase charges to private pay residents by an amount
57.19 equivalent to the per diem amount payments under paragraph (a)
57.20 would equal if converted to a per diem.
57.21 (c) Beginning in 2002, in addition to any payment under
57.22 paragraph (a), the commissioner shall pay to a nursing facility
57.23 described in paragraph (a) an adjustment in an amount equal to
57.24 $29.55 per calendar day multiplied by the number of beds
57.25 licensed in the facility on that date. The provisions of
57.26 paragraphs (a) and (b) apply to payments under this paragraph.
57.27 (d) The commissioner may reduce payments under paragraph (c)
57.28 based on the commissioner's determination of Medicare upper
57.29 payment limits. Any adjustments must be proportional to
57.30 adjustments made under section 256B.19, subdivision 1d,
57.31 paragraph (d).
57.32 Sec. 6. Minnesota Statutes 2000, section 256B.431,
57.33 subdivision 37, as added by Laws 2002, chapter 220, article 14,
57.34 section 10, is amended to read:
57.35 Subd. 37. [NURSING HOME RATE INCREASES EFFECTIVE JULY 1,
57.36 2003 2002.] For rate years beginning on or after July 1, 2003
58.1 2002, the commissioner shall provide to each nursing home
58.2 reimbursed under this section or section 256B.434 an increase in
58.3 each case mix payment rate equal to the increase in the per-bed
58.4 surcharge paid under section 256.9657, subdivision 1, paragraph
58.5 (c) or (d), divided by 365 and further divided by .80. The
58.6 increase under this subdivision shall be added following the
58.7 determination of the payment rate for the home under this
58.8 chapter. The increase shall not be subject to any annual
58.9 percentage increase.
58.10 Sec. 7. Minnesota Statutes 2001 Supplement, section
58.11 256B.5013, subdivision 1, as amended by Laws 2002, chapter 220,
58.12 article 14, section 14, is amended to read:
58.13 Subdivision 1. [VARIABLE RATE ADJUSTMENTS.] (a) For rate
58.14 years beginning on or after October 1, 2000, when there is a
58.15 documented increase in the needs of a current ICF/MR recipient,
58.16 the county of financial responsibility may recommend a variable
58.17 rate to enable the facility to meet the individual's increased
58.18 needs. Variable rate adjustments made under this subdivision
58.19 replace payments for persons with special needs under section
58.20 256B.501, subdivision 8, and payments for persons with special
58.21 needs for crisis intervention services under section 256B.501,
58.22 subdivision 8a. Effective July 1, 2003, facilities with a base
58.23 rate above the 50th percentile of the statewide average
58.24 reimbursement rate for a Class A facility or Class B facility,
58.25 whichever matches the facility licensure, are not eligible for a
58.26 variable rate adjustment. Variable rate adjustments may not
58.27 exceed a 12-month period, except when approved for purposes
58.28 established in paragraph (b), clause (1). Variable rate
58.29 adjustments approved solely on the basis of changes on a
58.30 developmental disabilities screening document will end June 30,
58.31 2002.
58.32 (b) A variable rate may be recommended by the county of
58.33 financial responsibility for increased needs in the following
58.34 situations:
58.35 (1) a need for resources due to an individual's full or
58.36 partial retirement from participation in a day training and
59.1 habilitation service when the individual: (i) has reached the
59.2 age of 65 or has a change in health condition that makes it
59.3 difficult for the person to participate in day training and
59.4 habilitation services over an extended period of time because it
59.5 is medically contraindicated; and (ii) has expressed a desire
59.6 for change through the mental retardation and related conditions
59.7 screening process under section 256B.092;
59.8 (2) a need for additional resources for intensive
59.9 short-term programming which is necessary prior to an
59.10 individual's discharge to a less restrictive, more integrated
59.11 setting;
59.12 (3) a demonstrated medical need that significantly impacts
59.13 the type or amount of services needed by the individual; or
59.14 (4) a demonstrated behavioral need that significantly
59.15 impacts the type or amount of services needed by the individual.
59.16 (c) The county of financial responsibility must justify the
59.17 purpose, the projected length of time, and the additional
59.18 funding needed for the facility to meet the needs of the
59.19 individual.
59.20 (d) The facility shall provide a quarterly report to the
59.21 county case manager on the use of the variable rate funds and
59.22 the status of the individual on whose behalf the funds were
59.23 approved. The county case manager will forward the facility's
59.24 report with a recommendation to the commissioner to approve or
59.25 disapprove a continuation of the variable rate.
59.26 (e) Funds made available through the variable rate process
59.27 that are not used by the facility to meet the needs of the
59.28 individual for whom they were approved shall be returned to the
59.29 state.
59.30 Sec. 8. Minnesota Statutes 2000, section 256E.06,
59.31 subdivision 3, is amended to read:
59.32 Subd. 3. [PAYMENTS TO COUNTIES.] The commissioner of human
59.33 services shall make payments for community social services to
59.34 each county in four installments per on or before July 10 of
59.35 each year. The commissioner of human services may certify the
59.36 payments for the first three months of a calendar year based on
60.1 estimates of the unduplicated number of persons receiving
60.2 Minnesota family investment program assistance, general
60.3 assistance, and medical assistance for the prior year. The
60.4 following three payments shall be adjusted to reflect the actual
60.5 unduplicated number of persons who received Minnesota family
60.6 investment program assistance, general assistance, and medical
60.7 assistance as required by subdivision 1. The commissioner shall
60.8 ensure that the pertinent payment of the allotment for that
60.9 quarter is made to each county on the first working day after
60.10 the end of each quarter of the calendar year, except for the
60.11 last quarter of the calendar year. The commissioner shall
60.12 ensure that each county receives its payment of the allotment
60.13 for that quarter no later than the last working day of that
60.14 quarter. This scheduling of payments does not require
60.15 compliance with subdivision 10.
60.16 Sec. 9. Minnesota Statutes 2001 Supplement, section
60.17 256J.425, subdivision 3, is amended to read:
60.18 Subd. 3. [HARD-TO-EMPLOY PARTICIPANTS.] An assistance unit
60.19 subject to the time limit in section 256J.42, subdivision 1, in
60.20 which any participant has received 60 counted months of
60.21 assistance, is eligible to receive months of assistance under a
60.22 hardship extension if the participant belongs to any of the
60.23 following groups:
60.24 (1) a person who is diagnosed by a licensed physician,
60.25 psychological practitioner, or other qualified professional, as
60.26 mentally retarded or mentally ill, and that condition prevents
60.27 the person from obtaining or retaining unsubsidized employment;
60.28 (2) a person who:
60.29 (i) has been assessed by a vocational specialist or the
60.30 county agency to be unemployable for purposes of this
60.31 subdivision; or
60.32 (ii) has an IQ below 80 who has been assessed by a
60.33 vocational specialist or a county agency to be employable, but
60.34 not at a level that makes the participant eligible for an
60.35 extension under subdivision 4 or, in the case of a
60.36 non-English-speaking person for whom it is not possible to
61.1 provide a determination due to language barriers or absence of
61.2 culturally appropriate assessment tools, is determined by a
61.3 qualified professional to have an IQ below 80. A person is
61.4 considered employable if positions of employment in the local
61.5 labor market exist, regardless of the current availability of
61.6 openings for those positions, that the person is capable of
61.7 performing; or
61.8 (3) a person who is determined by the county agency to be
61.9 learning disabled or, in the case of a non-English-speaking
61.10 person for whom it is not possible to provide a medical
61.11 diagnosis due to language barriers or absence of culturally
61.12 appropriate assessment tools, is determined by a qualified
61.13 professional to have a learning disability. If a rehabilitation
61.14 plan for the person is developed or approved by the county
61.15 agency, the plan must be incorporated into the employment plan.
61.16 However, a rehabilitation plan does not replace the requirement
61.17 to develop and comply with an employment plan under section
61.18 256J.52. For purposes of this section, "learning disabled"
61.19 means the applicant or recipient has a disorder in one or more
61.20 of the psychological processes involved in perceiving,
61.21 understanding, or using concepts through verbal language or
61.22 nonverbal means. The disability must severely limit the
61.23 applicant or recipient in obtaining, performing, or maintaining
61.24 suitable employment. Learning disabled does not include
61.25 learning problems that are primarily the result of visual,
61.26 hearing, or motor handicaps; mental retardation; emotional
61.27 disturbance; or due to environmental, cultural, or economic
61.28 disadvantage; or
61.29 (4) a person who is a victim of family violence as defined
61.30 in section 256J.49, subdivision 2, and who is participating in
61.31 an alternative employment plan under section 256J.49,
61.32 subdivision 1a.
61.33 Sec. 10. Minnesota Statutes 2001 Supplement, section
61.34 256J.425, subdivision 4, is amended to read:
61.35 Subd. 4. [EMPLOYED PARTICIPANTS.] (a) An assistance unit
61.36 subject to the time limit under section 256J.42, subdivision 1,
62.1 in which any participant has received 60 months of assistance,
62.2 is eligible to receive assistance under a hardship extension if
62.3 the participant belongs to:
62.4 (1) a one-parent assistance unit in which the participant
62.5 is participating in work activities for at least 30 hours per
62.6 week, of which an average of at least 25 hours per week every
62.7 month are spent participating in employment; or
62.8 (2) a two-parent assistance unit in which the participants
62.9 are participating in work activities for at least 55 hours per
62.10 week, of which an average of at least 45 hours per week every
62.11 month are spent participating in employment; or
62.12 (3) an assistance unit in which a participant is
62.13 participating in employment for fewer hours than those specified
62.14 in clause (1), and the participant submits verification from a
62.15 health care provider, in a form acceptable to the commissioner,
62.16 stating that the number of hours the participant may work is
62.17 limited due to illness or disability, as long as the participant
62.18 is participating in employment for at least the number of hours
62.19 specified by the health care provider. The participant must be
62.20 following the treatment recommendations of the health care
62.21 provider providing the verification. The commissioner shall
62.22 develop a form to be completed and signed by the health care
62.23 provider, documenting the diagnosis and any additional
62.24 information necessary to document the functional limitations of
62.25 the participant that limit work hours. If the participant is
62.26 part of a two-parent assistance unit, the other parent must be
62.27 treated as a one-parent assistance unit for purposes of meeting
62.28 the work requirements under this subdivision.
62.29 For purposes of this section, employment means:
62.30 (1) unsubsidized employment under section 256J.49,
62.31 subdivision 13, clause (1);
62.32 (2) subsidized employment under section 256J.49,
62.33 subdivision 13, clause (2);
62.34 (3) on-the-job training under section 256J.49, subdivision
62.35 13, clause (4);
62.36 (4) an apprenticeship under section 256J.49, subdivision
63.1 13, clause (19);
63.2 (5) supported work. For purposes of this section,
63.3 "supported work" means services supporting a participant on the
63.4 job which include, but are not limited to, supervision, job
63.5 coaching, and subsidized wages;
63.6 (6) a combination of (1) to (5); or
63.7 (7) child care under section 256J.49, subdivision 13,
63.8 clause (25), if it is in combination with paid employment.
63.9 (b) If a participant is complying with a child protection
63.10 plan under chapter 260C, the number of hours required under the
63.11 child protection plan count toward the number of hours required
63.12 under this subdivision.
63.13 (c) The county shall provide the opportunity for subsidized
63.14 employment to participants needing that type of employment
63.15 within available appropriations.
63.16 (d) To be eligible for a hardship extension for employed
63.17 participants under this subdivision, a participant in a
63.18 one-parent assistance unit or both parents in a two-parent
63.19 assistance unit must be in compliance for at least ten out of
63.20 the 12 months immediately preceding the participant's 61st month
63.21 on assistance. If only one parent in a two-parent assistance
63.22 unit fails to be in compliance ten out of the 12 months
63.23 immediately preceding the participant's 61st month, the county
63.24 shall give the assistance unit the option of disqualifying the
63.25 noncompliant parent. If the noncompliant participant is
63.26 disqualified, the assistance unit must be treated as a
63.27 one-parent assistance unit for the purposes of meeting the work
63.28 requirements under this subdivision and the assistance unit's
63.29 MFIP grant shall be calculated using the shared household
63.30 standard under section 256J.08, subdivision 82a.
63.31 (e) The employment plan developed under section 256J.52,
63.32 subdivision 5, for participants under this subdivision must
63.33 contain the number of hours specified in paragraph (a) related
63.34 to employment and work activities. The job counselor and the
63.35 participant must sign the employment plan to indicate agreement
63.36 between the job counselor and the participant on the contents of
64.1 the plan.
64.2 (f) Participants who fail to meet the requirements in
64.3 paragraph (a), without good cause under section 256J.57, shall
64.4 be sanctioned or permanently disqualified under subdivision 6.
64.5 Good cause may only be granted for that portion of the month for
64.6 which the good cause reason applies. Participants must meet all
64.7 remaining requirements in the approved employment plan or be
64.8 subject to sanction or permanent disqualification.
64.9 (g) If the noncompliance with an employment plan is due to
64.10 the involuntary loss of employment, the participant is exempt
64.11 from the hourly employment requirement under this subdivision
64.12 for one month. Participants must meet all remaining
64.13 requirements in the approved employment plan or be subject to
64.14 sanction or permanent disqualification. This exemption is
64.15 available to one-parent assistance units two times in a 12-month
64.16 period, and two-parent assistance units, two times per parent in
64.17 a 12-month period.
64.18 (h) This subdivision expires on June 30, 2004.
64.19 Sec. 11. Minnesota Statutes 2000, section 256J.425, is
64.20 amended by adding a subdivision to read:
64.21 Subd. 4a. [HARDSHIP EXTENSION PENDING DOCUMENTATION.] If
64.22 the documentation needed to determine if a participant is
64.23 eligible for a hardship extension under subdivision 2 or 3 is
64.24 not available by the 60th month, the county agency may extend
64.25 the participant pending receipt of the documentation if the
64.26 county believes the participant is likely to qualify for a
64.27 hardship extension and the participant is cooperating with
64.28 efforts to obtain the documentation. If the participant is
64.29 found to be not eligible for an extension, the participant may
64.30 be responsible for an overpayment.
64.31 Sec. 12. Minnesota Statutes 2001 Supplement, section
64.32 256J.425, subdivision 5, is amended to read:
64.33 Subd. 5. [ACCRUAL OF CERTAIN EXEMPT MONTHS.] (a) A
64.34 participant who received TANF assistance that counted towards
64.35 the federal 60-month time limit while the participant was exempt
64.36 under section 256J.56, paragraph (a), clause (7), from
65.1 employment and training services requirements and who is no
65.2 longer eligible for assistance under a hardship extension under
65.3 subdivision 2, paragraph (a), clause (3), is eligible for
65.4 assistance under a hardship extension for a period of time equal
65.5 to the number of months that were counted toward the federal
65.6 60-month time limit while the participant was exempt under
65.7 section 256J.56, paragraph (a), clause (7), from the employment
65.8 and training services requirements.
65.9 (b) A participant who received TANF assistance that counted
65.10 towards the federal 60-month time limit while the participant
65.11 met the state time limit exemption criteria under section
65.12 256J.42, subdivision 4 or 5, is eligible for assistance under a
65.13 hardship extension for a period of time equal to the number of
65.14 months that were counted toward the federal 60-month time limit
65.15 while the participant met the state time limit exemption
65.16 criteria under section 256J.42, subdivision 5.
65.17 (c) A participant who received TANF assistance that counted
65.18 towards the federal 60-month time limit while the participant
65.19 was exempt under section 256J.56, paragraph (a), clause (3),
65.20 from employment and training services requirements, who
65.21 demonstrates at the time of the case review required under
65.22 section 256J.42, subdivision 6, that the participant met the
65.23 exemption criteria under section 256J.56, paragraph (a), clause
65.24 (7), during one or more months the participant was exempt under
65.25 section 256J.56, paragraph (a), clause (3), before or after July
65.26 1, 2002, is eligible for assistance under a hardship extension
65.27 for a period of time equal to the number of months that were
65.28 counted toward the federal 60-month time limit during the time
65.29 the participant met the criteria under section 256J.56,
65.30 paragraph (a), clause (7). At the time of the case review, a
65.31 county agency must explain to the participant the basis for
65.32 receiving a hardship extension based on the accrual of exempt
65.33 months. The participant must provide documentation necessary to
65.34 enable the county agency to determine whether the participant is
65.35 eligible to receive a hardship extension based on the accrual of
65.36 exempt months or authorize a county agency to verify the
66.1 information.
66.2 Sec. 13. Minnesota Statutes 2000, section 256L.01,
66.3 subdivision 4, is amended to read:
66.4 Subd. 4. [GROSS INDIVIDUAL OR GROSS FAMILY INCOME.] (a)
66.5 "Gross individual or gross family income" for farm and nonfarm
66.6 self-employed means income calculated using as the baseline the
66.7 adjusted gross income reported on the applicant's federal income
66.8 tax form for the previous year and adding back in reported
66.9 depreciation, carryover loss, and net operating loss amounts
66.10 that apply to the business in which the family is currently
66.11 engaged.
66.12 (b) "Gross individual or gross family income" for farm
66.13 self-employed means income calculated using as the baseline the
66.14 adjusted gross income reported on the applicant's federal income
66.15 tax form for the previous year and adding back in reported
66.16 depreciation amounts that apply to the business in which the
66.17 family is currently engaged.
66.18 (c) Applicants shall report the most recent financial
66.19 situation of the family if it has changed from the period of
66.20 time covered by the federal income tax form. The report may be
66.21 in the form of percentage increase or decrease.
66.22 Sec. 14. Laws 2001, First Special Session chapter 9,
66.23 article 2, section 74, is amended to read:
66.24 Sec. 74. [ELIGIBILITY EXCEPTION TO THE PRESCRIPTION DRUG
66.25 PROGRAM.]
66.26 Notwithstanding the requirements of Minnesota Statutes,
66.27 section 256.955, subdivision 2, paragraph (d), from March 1,
66.28 2001, to June 30, 2002 2003, the definition of a "qualified
66.29 individual" in the prescription drug program established under
66.30 Minnesota Statutes, section 256.955, shall include an individual
66.31 who:
66.32 (1) was enrolled in the prescription drug program prior to
66.33 March 1, 2001;
66.34 (2) was enrolled in a Medicare risk plan prior to March 1,
66.35 2001, to which an annual prescription drug benefit of $400 was
66.36 added on March 1, 2001; and
67.1 (3) meets the requirements described in Minnesota Statutes,
67.2 section 256.955, subdivision 2, paragraph (d), clauses (1) and
67.3 (5), and subdivision 2a.
67.4 The prescription benefit offered by the Medicare risk plan shall
67.5 be primary to benefits provided under the prescription drug
67.6 program.
67.7 ARTICLE 11
67.8 GENERAL FUND CONVERSION TO BOND FUNDS
67.9 Section 1. [INTENT.]
67.10 This article intends to return to the unreserved general
67.11 fund $75,043,000 by changing the fund source of the projects
67.12 listed in this article in the amounts shown in sections 2 to 14,
67.13 by decreasing the appropriation from the general fund and by
67.14 appropriating an equal amount from the aggregate of the bond
67.15 proceeds fund and the transportation fund. This action changes
67.16 the designation of the fund sources made under the cumulative
67.17 effect of Laws 1998, chapter 404; Laws 1999, chapter 250; and
67.18 Laws 2000, chapters 479 and 492. This article also makes a new
67.19 appropriation of $77,000 from the bond proceeds fund for bond
67.20 sale expenses in connection with the bonds authorized in this
67.21 article.
67.22 Sec. 2. [CAPITAL IMPROVEMENT APPROPRIATIONS.]
67.23 The sums in the column under "APPROPRIATIONS" are
67.24 appropriated from the bond proceeds fund or other named fund to
67.25 the state agencies or officials indicated, to be spent for
67.26 public purposes, including to acquire and to better public land
67.27 and buildings and other public improvements of a capital nature,
67.28 as specified in this article.
67.29 SUMMARY
67.30 UNIVERSITY OF MINNESOTA $ 500,000
67.31 CHILDREN, FAMILIES, AND LEARNING 500,000
67.32 NATURAL RESOURCES 6,973,000
67.33 WATER AND SOIL RESOURCES BOARD 300,000
67.34 ADMINISTRATION 43,350,000
67.35 CAPITOL AREA ARCHITECTURAL AND
67.36 PLANNING BOARD 250,000
68.1 AMATEUR SPORTS COMMISSION 690,000
68.2 TRANSPORTATION 13,590,000
68.3 HUMAN SERVICES 1,500,000
68.4 CORRECTIONS 250,000
68.5 TRADE AND ECONOMIC DEVELOPMENT 5,590,000
68.6 MINNESOTA HISTORICAL SOCIETY 1,550,000
68.7 BOND SALE EXPENSES 77,000
68.8 TOTAL $ 75,120,000
68.9 Bond Proceeds Fund 61,530,000
68.10 Transportation Fund 13,590,000
68.11 APPROPRIATIONS
68.12 $
68.13 Sec. 3. UNIVERSITY OF MINNESOTA 500,000
68.14 To the board of regents of the
68.15 University of Minnesota for 1998 Higher
68.16 Education Asset Preservation and
68.17 Replacement.
68.18 Sec. 4. CHILDREN, FAMILIES, AND LEARNING 500,000
68.19 To the commissioner of children,
68.20 families, and learning for 1998 Early
68.21 Childhood Learning Facilities.
68.22 Sec. 5. NATURAL RESOURCES
68.23 Subdivision 1. To the commissioner
68.24 of natural resources for the purposes
68.25 specified in this section 6,973,000
68.26 Subd. 2. 1998 Park Building Rehabilitation 500,000
68.27 Subd. 3. 1998 Park Betterment
68.28 and Rehabilitation 500,000
68.29 Subd. 4. 1998 Forest Roads and Bridges 750,000
68.30 Subd. 5. 1998 Metro Greenways Acquisition 2,000,000
68.31 Subd. 6. Safe Harbors Program 3,223,000
68.32 Sec. 6. BOARD OF WATER AND
68.33 SOIL RESOURCES 300,000
68.34 To the board of water and soil
68.35 resources for local road replacement.
68.36 Sec. 7. ADMINISTRATION
68.37 Subdivision 1. To the commissioner of
68.38 administration for the purposes specified
68.39 in this section 45,350,000
68.40 Subd. 2. 2000 Asset Preservation 350,000
68.41 Subd. 3. 2000 Bureau of Criminal
68.42 Apprehension Facility 40,000,000
69.1 Subd. 4. 2000 Property Acquisition 450,000
69.2 Subd. 5. 1998 Asset Preservation 1,250,000
69.3 Subd. 6. 1998 Real Property Acquisition 1,000,000
69.4 Subd. 7. 1998 BCA Land Acquisition 300,000
69.5 Sec. 8. CAPITOL AREA ARCHITECTURAL
69.6 AND PLANNING BOARD 250,000
69.7 To the commissioner of administration
69.8 for the HHH Memorial.
69.9 Sec. 9. AMATEUR SPORTS COMMISSION 690,000
69.10 To the amateur sports commission for
69.11 the Giants Ridge Facility.
69.12 Sec. 10. TRANSPORTATION
69.13 Subdivision 1. To the commissioner of
69.14 transportation for the purposes specified
69.15 in this section 13,590,000
69.16 This appropriation is from the
69.17 transportation fund.
69.18 Subd. 2. 2000 County and Local Bridges 13,000,000
69.19 Subd. 3. 1998 CSAH Highway 90 590,000
69.20 Sec. 11. HUMAN SERVICES 1,500,000
69.21 To the commissioner of administration
69.22 for 1998 Asset Preservation.
69.23 Sec. 12. CORRECTIONS 250,000
69.24 To the commissioner of administration
69.25 for 1998 Asset Preservation.
69.26 Sec. 13. TRADE AND ECONOMIC DEVELOPMENT 5,590,000
69.27 To the commissioner of trade and
69.28 economic development for 2000
69.29 Wastewater Infrastructure.
69.30 Sec. 14. MINNESOTA HISTORICAL SOCIETY
69.31 Subdivision 1. To the Minnesota
69.32 historical society for the purposes
69.33 specified in this section 1,550,000
69.34 Subd. 2. 1998 Historic Site
69.35 Preservation and Repair 850,000
69.36 Subd. 3. Split Rock Lighthouse 700,000
69.37 Sec. 15. BOND SALE EXPENSES 77,000
69.38 To the commissioner of finance for
69.39 bond sale expenses under Minnesota
69.40 Statutes, section 16A.641, subdivision 8.
69.41 Sec. 16. [IDENTICAL PROJECTS.]
69.42 The purpose and use of appropriations in this article are
69.43 for the same purpose and use and for identical projects as
70.1 authorized in Laws 1998, chapter 404; Laws 1999, chapter 250;
70.2 and Laws 2000, chapters 479 and 492. Except for the fund source
70.3 of unspent parts of the appropriations listed in this article,
70.4 this article does not change or limit the purpose and use of the
70.5 appropriations and related requirements in Laws 1998, chapter
70.6 404; Laws 1999, chapter 250; and Laws 2000, chapters 479 and 492.
70.7 Sec. 17. [BOND SALE AUTHORIZATIONS.]
70.8 Subdivision 1. [BOND PROCEEDS FUND.] To provide the money
70.9 appropriated in this article from the bond proceeds fund, the
70.10 commissioner of finance shall sell and issue bonds of the state
70.11 in an amount up to $61,530,000 in the manner, upon the terms,
70.12 and with the effect prescribed by Minnesota Statutes, sections
70.13 16A.631 to 16A.675, and by the Minnesota Constitution, article
70.14 XI, sections 4 to 7.
70.15 Subd. 2. [TRANSPORTATION FUND.] To provide the money
70.16 appropriated in this article from the transportation fund, the
70.17 commissioner of finance shall sell and issue bonds of the state
70.18 in an amount up to $13,590,000 in the manner, upon the terms,
70.19 and with the effect prescribed by Minnesota Statutes, sections
70.20 16A.631 to 16A.675, and by the Minnesota Constitution, article
70.21 XI, sections 4 to 7. The proceeds of the bonds, except accrued
70.22 interest and any premium received on the sale of the bonds, must
70.23 be credited to a bond proceeds account in the state
70.24 transportation fund.
70.25 Sec. 18. [CANCELLATION TO GENERAL FUND.]
70.26 Money appropriated from the general fund pursuant to 1998,
70.27 1999, and 2000 acts and not yet spent for the projects listed in
70.28 this article is canceled to the general fund in the amount shown
70.29 for each project.
70.30 Sec. 19. [EFFECTIVE DATE.]
70.31 This article is effective the day following final
70.32 enactment."
70.33 Delete the title and insert:
70.34 "A bill for an act
70.35 relating to the financing of state government;
70.36 appropriating money and reducing appropriations for
70.37 kindergarten through grade 12, early childhood and
71.1 family education, higher education, environment, state
71.2 government, and health and human services; canceling
71.3 balances and appropriations and transferring balances
71.4 to the general fund in order to avert a deficit;
71.5 converting certain capital project financing from
71.6 general fund cash to general obligation bonding;
71.7 modifying education levies and aids; transferring
71.8 programs; changing certain fees; modifying certain
71.9 programs; amending Minnesota Statutes 2000, sections
71.10 13.05, subdivision 4; 16A.28, subdivision 6; 16B.27,
71.11 by adding a subdivision; 79.251, subdivision 1;
71.12 115A.557, subdivision 1; 115A.96, subdivisions 2, 3,
71.13 4, 5, 7, as added; 124D.69, by adding a subdivision;
71.14 125A.65, subdivisions 1, 3, 8, 9; 127A.45,
71.15 subdivisions 2, 3, 10, 13, 14, 16, by adding a
71.16 subdivision; 136A.121, subdivision 7; 144.395,
71.17 subdivision 1, as amended; 241.44, by adding a
71.18 subdivision; 256.9657, subdivision 1, as amended;
71.19 256B.431, subdivisions 23, as amended, 37, as added;
71.20 256E.06, subdivision 3; 256J.425, by adding a
71.21 subdivision; 256L.01, subdivision 4; Minnesota
71.22 Statutes 2001 Supplement, sections 62J.694,
71.23 subdivision 1; 123B.54, as amended; 124D.11,
71.24 subdivision 9; 126C.10, subdivision 13; 126C.17,
71.25 subdivision 7; 127A.45, subdivision 14a; 241.021,
71.26 subdivision 4; 256B.5013, subdivision 1, as amended;
71.27 256J.425, subdivisions 3, 4, 5; Laws 1997, chapter
71.28 202, article 2, section 61, as amended; Laws 2001,
71.29 First Special Session chapter 3, article 1, section
71.30 17, subdivision 2; Laws 2001, First Special Session
71.31 chapter 3, article 1, section 17, subdivision 3, as
71.32 amended; Laws 2001, First Special Session chapter 3,
71.33 article 1, section 17, subdivision 4; Laws 2001, First
71.34 Special Session chapter 3, article 1, section 17,
71.35 subdivision 7, as amended; Laws 2001, First Special
71.36 Session chapter 3, article 1, section 17, subdivision
71.37 9, as amended; Laws 2001, First Special Session
71.38 chapter 3, article 1, section 19, subdivision 3, as
71.39 amended; Laws 2001, First Special Session chapter 3,
71.40 article 1, section 19, subdivision 5, as amended; Laws
71.41 2001, First Special Session chapter 3, article 2,
71.42 section 15, subdivision 3, as amended; Laws 2001,
71.43 First Special Session chapter 3, article 2, section
71.44 15, subdivision 4; Laws 2001, First Special Session
71.45 chapter 3, article 2, section 15, subdivision 6; Laws
71.46 2001, First Special Session chapter 3, article 3,
71.47 section 9, subdivision 5; Laws 2001 First Special
71.48 Session chapter 3, article 3, section 9, subdivision
71.49 7; Laws 2001, First Special Session chapter 3, article
71.50 4, section 5, subdivision 2, as amended; Laws 2001,
71.51 First Special Session chapter 3, article 4, section 5,
71.52 subdivision 3; Laws 2001, First Special Session
71.53 chapter 5, article 2, section 29, subdivision 2, as
71.54 amended; Laws 2001, First Special Session chapter 6,
71.55 article 1, section 54, subdivision 2, as amended; Laws
71.56 2001, First Special Session chapter 6, article 1,
71.57 section 54, subdivision 4, as amended; Laws 2001,
71.58 First Special Session chapter 6, article 1, section
71.59 54, subdivision 5, as amended; Laws 2001, First
71.60 Special Session chapter 6, article 1, section 54,
71.61 subdivision 6, as amended; Laws 2001, First Special
71.62 Session chapter 6, article 1, section 54, subdivision
71.63 7, as amended; Laws 2001, First Special Session
71.64 chapter 6, article 2, section 77, subdivision 4, as
71.65 amended; Laws 2001, First Special Session chapter 6,
71.66 article 2, section 77, subdivision 5, as amended; Laws
71.67 2001, First Special Session chapter 6, article 2,
71.68 section 77, subdivision 6; Laws 2001, First Special
71.69 Session chapter 6, article 2, section 77, subdivision
71.70 8, as amended; Laws 2001, First Special Session
71.71 chapter 6, article 2, section 77, subdivision 11, as
72.1 amended; Laws 2001, First Special Session chapter 6,
72.2 article 2, section 77, subdivision 15, as amended;
72.3 Laws 2001, First Special Session chapter 6, article 2,
72.4 section 77, subdivision 18, as amended; Laws 2001,
72.5 First Special Session chapter 6, article 3, section
72.6 21, subdivision 2, as amended; Laws 2001, First
72.7 Special Session chapter 6, article 3, section 21,
72.8 subdivision 3, as amended; Laws 2001, First Special
72.9 Session chapter 6, article 3, section 21, subdivision
72.10 4, as amended; Laws 2001, First Special Session
72.11 chapter 6, article 3, section 21, subdivision 5, as
72.12 amended; Laws 2001, First Special Session chapter 6,
72.13 article 3, section 21, subdivision 7, as amended; Laws
72.14 2001, First Special Session chapter 6, article 4,
72.15 section 27, subdivision 2, as amended; Laws 2001,
72.16 First Special Session chapter 6, article 4, section
72.17 27, subdivision 3, as amended; Laws 2001, First
72.18 Special Session chapter 6, article 4, section 27,
72.19 subdivision 5, as amended; Laws 2001, First Special
72.20 Session chapter 6, article 5, section 13, subdivision
72.21 3; Laws 2001, First Special Session chapter 6, article
72.22 7, section 14, as amended; Laws 2001, First Special
72.23 Session chapter 9, article 2, section 74; Laws 2002,
72.24 chapter 220, article 2, section 14, subdivision 1;
72.25 Laws 2002, chapter 220, article 8, section 15; Laws
72.26 2002, chapter 220, article 10, section 4; Laws 2002,
72.27 chapter 220, article 10, section 36; Laws 2002,
72.28 chapter 220, article 10, section 37, as amended; Laws
72.29 2002 chapter 220, article 10, section 38, subdivision
72.30 2; Laws 2002, chapter 220, article 10, section 38,
72.31 subdivision 3; Laws 2002, chapter 220, article 10,
72.32 section 39; Laws 2002, chapter 220, article 13,
72.33 section 7; Laws 2002, chapter 220, article 13, section
72.34 9, subdivision 1; Laws 2002, chapter 220, article 13,
72.35 section 9, subdivision 2."
73.1 We request adoption of this report and repassage of the
73.2 bill.
73.5 House Conferees:
73.8 ......................... .........................
73.9 Kevin Goodno Philip Krinkie
73.12 ......................... .........................
73.13 Alice Seagren Ron Abrams
73.16 .........................
73.17 Thomas Pugh
73.22 Senate Conferees:
73.25 ......................... .........................
73.26 Douglas J. Johnson Linda Berglin
73.29 ......................... .........................
73.30 Lawrence J. Pogemiller Dick Day
73.33 .........................
73.34 Leonard R. Price