1.1 CONFERENCE COMMITTEE REPORT ON H.F. NO. 351
1.2 A bill for an act
1.3 relating to the operation of state government; crime
1.4 prevention and judiciary finance; appropriating money
1.5 for the judicial branch, public defense, human rights,
1.6 corrections, public safety, crime victims, and related
1.7 purposes; establishing and expanding grant programs,
1.8 task forces, and pilot projects; requiring reports and
1.9 studies; transferring, modifying, and expanding
1.10 responsibility for various governmental
1.11 responsibilities; providing procedures and policies
1.12 for integrated criminal justice information systems;
1.13 adopting various provisions relating to corrections;
1.14 imposing, clarifying, and expanding certain criminal
1.15 and civil provisions and penalties; regulating
1.16 dangerous dogs; providing for protection of public
1.17 safety in bail determinations; making certain changes
1.18 related to sex offenders and sex offender
1.19 registration; providing for state funding of certain
1.20 programs and personnel; abolishing the office of the
1.21 ombudsman for corrections; eliminating the Camp Ripley
1.22 weekend camp program; increasing certain fees and
1.23 modifying the allocation of certain fees; establishing
1.24 a theft prevention advisory board; establishing a
1.25 felony-level penalty for driving while impaired;
1.26 modifying certain policies and procedures relating to
1.27 domestic violence; making technical changes to the
1.28 driving while impaired laws; reforming and recodifying
1.29 the law relating to marriage dissolution, child
1.30 custody, child support, maintenance, and property
1.31 division; clarifying certain medical support bonus
1.32 incentive provisions; making style and form changes;
1.33 amending Minnesota Statutes 2000, sections 2.724,
1.34 subdivision 3; 8.16, subdivision 1; 13.87, by adding a
1.35 subdivision; 15A.083, subdivision 4; 169A.03,
1.36 subdivision 12, by adding subdivisions; 169A.20,
1.37 subdivision 3; 169A.25; 169A.26; 169A.27; 169A.275,
1.38 subdivisions 3, 5; 169A.277, subdivision 2; 169A.28,
1.39 subdivision 2; 169A.283, subdivision 1; 169A.37,
1.40 subdivision 1; 169A.40, subdivision 3; 169A.41,
1.41 subdivision 2; 169A.51, subdivision 7; 169A.54,
1.42 subdivision 6; 169A.60, subdivisions 1, 13, 14;
1.43 169A.63, subdivision 1; 171.09; 171.186, by adding a
1.44 subdivision; 171.29, subdivision 2; 171.30,
1.45 subdivision 1; 241.272, subdivision 6; 242.192;
2.1 243.166, subdivisions 1, 3, 4a, 6; 243.167,
2.2 subdivision 1; 243.51, subdivisions 1, 3; 256.9791;
2.3 299A.75, subdivision 1, by adding subdivisions;
2.4 299C.10, subdivision 1; 299C.11; 299C.147, subdivision
2.5 2; 299C.65, subdivisions 1, 2; 299F.058, subdivision
2.6 2; 343.20, by adding subdivisions; 343.21,
2.7 subdivisions 9, 10; 518.002; 518.003, subdivisions 1,
2.8 3; 518.005; 518.01; 518.02; 518.03; 518.04; 518.05;
2.9 518.055; 518.06; 518.07; 518.09; 518.10; 518.11;
2.10 518.12; 518.13; 518.131; 518.14, subdivision 1;
2.11 518.148; 518.155; 518.156; 518.157, subdivisions 1, 2,
2.12 3, 5, 6; 518.158, subdivisions 2, 4; 518.165; 518.166;
2.13 518.167, subdivisions 3, 4, 5; 518.168; 518.1705,
2.14 subdivision 6; 518.175, subdivisions 1, 1a, 2, 3, 5,
2.15 6, 7, 8; 518.1751, subdivisions 1b, 2, 2a, 2b, 2c, 3;
2.16 518.176; 518.177; 518.178; 518.179, subdivision 1;
2.17 518.18; 518.24; 518.25; 518.54, subdivisions 1, 5, 6,
2.18 7, 8; 518.55; 518.552; 518.58; 518.581; 518.582;
2.19 518.612; 518.619; 518.62; 518.64, subdivisions 1, 2;
2.20 518.641; 518.642; 518.646; 518.65; 518B.01,
2.21 subdivisions 2, 3, 6, 14; 609.02, by adding a
2.22 subdivision; 609.035, subdivision 2; 609.117; 609.224,
2.23 subdivisions 2, 4; 609.2242, subdivisions 2, 4;
2.24 609.343, subdivision 2; 609.487, subdivision 4;
2.25 609.495, subdivisions 1, 3; 609.521; 609.748,
2.26 subdivisions 6, 8; 609.749, subdivisions 4, 5; 611.23;
2.27 611.272; 611A.201, subdivision 2; 611A.32, by adding a
2.28 subdivision; 611A.74, subdivisions 1, 1a; 617.247,
2.29 subdivisions 3, 4; 626.55, subdivision 1; 629.471,
2.30 subdivision 2; 629.72; Laws 1996, chapter 408, article
2.31 2, section 16; proposing coding for new law in
2.32 Minnesota Statutes, chapters 8; 169A; 299A; 299C; 347;
2.33 518; 518B; 609; 626; proposing coding for new law as
2.34 Minnesota Statutes, chapters 517A; 517B; 517C;
2.35 repealing Minnesota Statutes 2000, sections 169A.275,
2.36 subdivision 4; 241.41; 241.42; 241.43; 241.44;
2.37 241.441; 241.45; 243.166, subdivision 10; 518.111;
2.38 518.17; 518.171; 518.185; 518.255; 518.54,
2.39 subdivisions 2, 4a, 13, 14; 518.551; 518.5513;
2.40 518.553; 518.57; 518.575; 518.585; 518.5851; 518.5852;
2.41 518.5853; 518.61; 518.6111; 518.614; 518.615; 518.616;
2.42 518.617; 518.618; 518.6195; 518.64, subdivisions 4,
2.43 4a, 5; 518.66; 609.2244, subdivision 4; 626.55,
2.44 subdivision 2.
2.45 February 20, 2002
2.46 The Honorable Steve Sviggum
2.47 Speaker of the House of Representatives
2.49 The Honorable Don Samuelson
2.50 President of the Senate
2.52 We, the undersigned conferees for H.F. No. 351, report that
2.53 we have agreed upon the items in dispute and recommend as
2.54 follows:
2.55
2.56 That the Senate recede from its amendments and that H.F.
2.57 No. 351 be further amended as follows:
2.58 Delete everything after the enacting clause and insert:
2.59 "ARTICLE 1
2.60 SUMMARY
3.1 (General Fund Only, After Forecast Adjustments)
3.2 BIENNIAL
3.3 2002 2003 TOTAL
3.4 APPROPRIATIONS
3.5 Early Education $ (100,000) $ (3,900,000) $ (4,000,000)
3.6 K-12 Education (4,979,000) (9,947,000) (14,926,000)
3.7 Higher Education (2,744,000) (47,256,000) (50,000,000)
3.8 Corrections (5,165,000) (11,489,000) (16,654,000)
3.9 Transportation
3.10 and Public Safety (2,018,000) (6,932,000) (8,950,000)
3.11 Environment and
3.12 Natural Resources (103,000) (12,797,000) (12,900,000)
3.13 Agriculture (469,000) (1,227,000) (1,696,000)
3.14 State Government (14,695,000) (30,005,000) (44,700,000)
3.15 Courts (1,592,000) (1,592,000)
3.16 Economic Development (1,899,000) (3,594,000) (5,943,000)
3.17 Health and
3.18 Human Services (1,386,000) (54,038,000) (55,424,000)
3.19 SUBTOTAL $ (33,558,000) $ (182,777,000)$ (216,335,000)
3.20 CANCELLATIONS (1,167,667,000) (108,000,000) (1,275,667,000)
3.21 TRANSFERS IN (84,168,000) (233,946,000) (318,114,000)
3.22 TOTAL $(1,285,393,000) $ (524,723,000)$(1,810,116,000)
3.23 ARTICLE 2
3.24 FAMILY AND EARLY CHILDHOOD EDUCATION
3.25 APPROPRIATION ADJUSTMENTS
3.26 Section 1. Laws 2000, chapter 489, article 1, section 36,
3.27 is amended to read:
3.28 Sec. 36. [MFIP SOCIAL SERVICES CHILD CARE SUNSET AND
3.29 REPORT.]
3.30 Minnesota Statutes, section 119B.05, subdivision 1, clause
3.31 (5), expires on June 30, 2003. MFIP social services child care
3.32 must be paid for with the appropriations under section 45,
3.33 subdivision 3. Priority must be given to mental health services
3.34 and chemical dependency services. Any amount that is not needed
3.35 for MFIP social services child care must be used for child care
3.36 assistance under Minnesota Statutes, section 119B.03. The
3.37 commissioner of children, families, and learning must notify the
3.38 chairs of the family and early childhood committees in the house
4.1 and the senate if expenditures for MFIP social services child
4.2 care are expected to exceed appropriations under section 45,
4.3 subdivision 3. The commissioner shall report to the legislature
4.4 by January 15, 2003, on the use of MFIP social services child
4.5 care with recommendations on the need for social services child
4.6 care and its effectiveness in promoting self-sufficiency.
4.7 [EFFECTIVE DATE.] This section is effective the day
4.8 following final enactment.
4.9 Sec. 2. Laws 2001, First Special Session chapter 3,
4.10 article 1, section 17, subdivision 3, is amended to read:
4.11 Subd. 3. [EARLY CHILDHOOD FAMILY EDUCATION AID.] For early
4.12 childhood family education aid according to Minnesota Statutes,
4.13 section 124D.135:
4.14 $20,758,000 $20,725,000 ..... 2002
4.15 $20,663,000 $20,624,000 ..... 2003
4.16 The 2002 appropriation includes $2,036,000 for 2001 and
4.17 $18,722,000 $18,689,000 for 2002.
4.18 The 2003 appropriation includes $2,081,000 $2,076,000 for
4.19 2002 and $18,582,000 $18,548,000 for 2003.
4.20 Any balance in the first year does not cancel but is
4.21 available in the second year.
4.22 [EFFECTIVE DATE.] This section is effective the day
4.23 following final enactment.
4.24 Sec. 3. Laws 2001, First Special Session chapter 3,
4.25 article 1, section 17, subdivision 7, is amended to read:
4.26 Subd. 7. [SCHOOL AGE CARE AID.] For school age care aid
4.27 according to Minnesota Statutes, section 124D.22:
4.28 $221,000 ..... 2002
4.29 $133,000 $100,000 ..... 2003
4.30 The 2002 appropriation includes $30,000 for 2001 and
4.31 $191,000 for 2002.
4.32 The 2003 appropriation includes $21,000 for 2002 and
4.33 $112,000 $79,000 for 2003.
4.34 Any balance in the first year does not cancel but is
4.35 available in the second year.
4.36 Sec. 4. Laws 2001, First Special Session chapter 3,
5.1 article 1, section 17, subdivision 8, is amended to read:
5.2 Subd. 8. [BASIC SLIDING FEE.] For child care assistance
5.3 according to Minnesota Statutes, section 119B.03:
5.4 $51,999,000 ..... 2002
5.5 $51,999,000 $48,499,000 ..... 2003
5.6 Beginning in fiscal year 2004, the base appropriation is
5.7 $48,499,000.
5.8 Any balance in the first year does not cancel but is
5.9 available in the second year.
5.10 Sec. 5. Laws 2001, First Special Session chapter 3,
5.11 article 1, section 17, subdivision 9, is amended to read:
5.12 Subd. 9. [MFIP CHILD CARE.] For child care assistance
5.13 according to Minnesota Statutes, section 119B.05:
5.14 $82,253,000 $69,201,000 ..... 2002
5.15 $78,606,000 $77,122,000 ..... 2003
5.16 Any balance in the first year does not cancel but is
5.17 available in the second year.
5.18 [EFFECTIVE DATE.] This section is effective the day
5.19 following final enactment.
5.20 Sec. 6. Laws 2001, First Special Session chapter 3,
5.21 article 1, section 17, subdivision 11, is amended to read:
5.22 Subd. 11. [CHILD CARE SERVICE GRANTS.] For child care
5.23 development activities under child care service grants according
5.24 to Minnesota Statutes, section 119B.21:
5.25 $1,865,000 ..... 2002
5.26 $1,865,000 $1,365,000 ..... 2003
5.27 Beginning in fiscal year 2004, the base is $1,365,000 from
5.28 the general fund.
5.29 Any balance in the first year does not cancel but is
5.30 available in the second year.
5.31 Sec. 7. Laws 2001, First Special Session chapter 3,
5.32 article 1, section 18, is amended to read:
5.33 Sec. 18. [SPECIAL REVENUE; CHILD SUPPORT COLLECTIONS.]
5.34 Subdivision 1. [DEPARTMENT OF CHILDREN, FAMILIES, AND
5.35 LEARNING.] Appropriations in this section are from child support
5.36 collection payments in the special revenue fund pursuant to
6.1 Minnesota Statutes, section 119B.074. The sums indicated are
6.2 appropriated to the department of children, families, and
6.3 learning for the fiscal years designated.
6.4 Subd. 2. [CHILD CARE ASSISTANCE.] For child care
6.5 assistance according to Minnesota Statutes, section 119B.03:
6.6 $2,441,439 ..... 2002
6.7 $2,340,251 $2,840,251 ..... 2003
6.8 Sec. 8. Laws 2001, First Special Session chapter 3,
6.9 article 1, section 19, subdivision 3, is amended to read:
6.10 Subd. 3. [TRANSITION YEAR FAMILIES.] To provide
6.11 uninterrupted assistance under Minnesota Statutes, section
6.12 119B.03, for families completing transition year child care
6.13 assistance:
6.14 $3,620,000 $1,404,000 ..... 2002
6.15 $4,040,000 $1,357,000 ..... 2003
6.16 Any balance in the first year does not cancel but is
6.17 available in the second year. Any unspent balance from the
6.18 appropriations for 2002 and 2003 is returned to the TANF reserve.
6.19 TANF dollars appropriated for this purpose in 2001 which are not
6.20 encumbered by January 1, 2002, are returned to the TANF reserve.
6.21 [EFFECTIVE DATE.] This section is effective the day
6.22 following final enactment.
6.23 Sec. 9. Laws 2001, First Special Session chapter 3,
6.24 article 1, section 19, subdivision 5, is amended to read:
6.25 Subd. 5. [MFIP SOCIAL SERVICES CHILD CARE.] For social
6.26 services child care costs of eligible MFIP participants under
6.27 Minnesota Statutes, section 119B.05, subdivision 1, clause (5):
6.28 $3,297,000 $973,000 ..... 2002
6.29 $2,865,000 $997,000 ..... 2003
6.30 Any balance in the first year does not cancel but is
6.31 available in the second year. Any unspent balance from the
6.32 appropriations for 2002 and 2003 is returned to the TANF reserve.
6.33 TANF dollars appropriated for this purpose in 2001 which are not
6.34 encumbered by January 1, 2002, are returned to the TANF reserve.
6.35 [EFFECTIVE DATE.] This section is effective the day
6.36 following final enactment.
7.1 Sec. 10. Laws 2001, First Special Session chapter 3,
7.2 article 2, section 15, subdivision 3, is amended to read:
7.3 Subd. 3. [COMMUNITY EDUCATION AID.] For community
7.4 education aid according to Minnesota Statutes, section 124D.20:
7.5 $14,209,000 $14,190,000 ..... 2002
7.6 $13,111,000 $ 8,186,000 ..... 2003
7.7 The 2002 appropriation includes $1,528,000 for 2001 and
7.8 $12,681,000 $12,662,000 for 2002.
7.9 The 2003 appropriation includes $1,409,000 $1,406,000 for
7.10 2002 and $11,702,000 $6,780,000 for 2003.
7.11 Any balance in the first year does not cancel but is
7.12 available in the second year.
7.13 [EFFECTIVE DATE.] This section is effective the day
7.14 following final enactment.
7.15 Sec. 11. Laws 2001, First Special Session chapter 3,
7.16 article 3, section 9, subdivision 6, is amended to read:
7.17 Subd. 6. [ADULT BASIC EDUCATION AUDITS; STATE DIRECTOR.]
7.18 For adult basic education audits under Minnesota Statutes,
7.19 section 124D.531, and for a state adult basic education director:
7.20 $100,000 ..... 2002
7.21 $275,000 $175,000 ..... 2003
7.22 The fiscal year 2004 appropriation is $275,000 $175,000.
7.23 In fiscal year 2005 and thereafter, the base is $170,000 $70,000
7.24 from the general fund each year.
7.25 Any balance in the first year does not cancel but is
7.26 available in the second year.
7.27 [EFFECTIVE DATE.] This section is effective the day
7.28 following final enactment.
7.29 Sec. 12. Laws 2001, First Special Session chapter 3,
7.30 article 4, section 5, subdivision 2, is amended to read:
7.31 Subd. 2. [BASIC SUPPORT GRANTS.] For basic support grants
7.32 according to Minnesota Statutes, sections 134.32 to 134.35:
7.33 $8,570,000 ..... 2002
7.34 $8,570,000 ..... 2003
7.35 The 2002 appropriation includes $857,000 for 2001 and
7.36 $7,713,000 for 2002.
8.1 The 2003 appropriation includes $857,000 for 2002 and
8.2 $7,713,000 for 2003.
8.3 Base level funding for fiscal year 2004 is
8.4 $9,723,000 $9,823,000 and $9,722,000 $9,822,000 for fiscal year
8.5 2005.
8.6 Sec. 13. Laws 2001, First Special Session chapter 3,
8.7 article 4, section 5, subdivision 4, is amended to read:
8.8 Subd. 4. [REGIONAL LIBRARY TELECOMMUNICATIONS AID.] For
8.9 aid to regional public library systems under Minnesota Statutes,
8.10 section 134.47:
8.11 $1,200,000 ..... 2002
8.12 $1,200,000 $1,400,000 ..... 2003
8.13 This is a one-time appropriation. Any balance in the first
8.14 year does not cancel but is available in the second year.
8.15 Sec. 14. [TANF APPROPRIATIONS.]
8.16 Subdivision 1. [DEPARTMENT OF CHILDREN, FAMILIES, AND
8.17 LEARNING.] The sum indicated in this section is appropriated to
8.18 the commissioner of children, families, and learning from the
8.19 federal Temporary Assistance for Needy Families block grant for
8.20 the fiscal year designated. This amount is available for
8.21 expenditure until June 30, 2003.
8.22 Subd. 2. [BASIC SLIDING FEE CHILD CARE.] For child care
8.23 assistance according to Minnesota Statutes, section 119B.03:
8.24 $3,000,000 ..... 2003
8.25 Sec. 15. [REPEALER.]
8.26 Laws 2001, First Special Session chapter 3, article 3,
8.27 section 8, is repealed.
8.28 ARTICLE 3
8.29 K-12 APPROPRIATION ADJUSTMENTS
8.30 Section 1. Minnesota Statutes 2000, section 120B.13,
8.31 subdivision 3, is amended to read:
8.32 Subd. 3. [SUBSIDY FOR EXAMINATION FEES.] The state may pay
8.33 all or part of the fee for advanced placement or international
8.34 baccalaureate examinations for pupils of low-income families in
8.35 public and nonpublic schools. The commissioner shall adopt a
8.36 schedule for fee subsidies that may allow payment of the entire
9.1 fee for low-income families, as defined by the
9.2 commissioner. The commissioner may also determine the
9.3 circumstances under which the fee is subsidized, in whole or in
9.4 part. The commissioner shall determine procedures for state
9.5 payments of fees.
9.6 Sec. 2. Minnesota Statutes 2000, section 124D.86,
9.7 subdivision 4, is amended to read:
9.8 Subd. 4. [INTEGRATION LEVY.] A district may levy an amount
9.9 equal to 33 37 percent for fiscal year 2000 and 2003, 22 percent
9.10 for fiscal year 2001 2004, 29 percent for fiscal year 2005, and
9.11 22 percent for fiscal year 2006 and thereafter of the district's
9.12 integration revenue as defined in subdivision 3.
9.13 Sec. 3. Minnesota Statutes 2000, section 124D.86,
9.14 subdivision 5, is amended to read:
9.15 Subd. 5. [INTEGRATION AID.] A district's integration aid
9.16 equals 67 63 percent for fiscal year 2000 and 2003, 78 percent
9.17 for fiscal year 2001 2004, 71 percent for fiscal year 2005, and
9.18 78 percent for fiscal year 2006 and thereafter of the district's
9.19 integration revenue as defined in subdivision 3.
9.20 Sec. 4. Minnesota Statutes 2001 Supplement, section
9.21 126C.05, subdivision 15, is amended to read:
9.22 Subd. 15. [LEARNING YEAR PUPIL UNITS.] (a) When a pupil is
9.23 enrolled in a learning year program under section 124D.128, an
9.24 area learning center under sections 123A.05 and 123A.06, an
9.25 alternative program approved by the commissioner, or a contract
9.26 alternative program under section 124D.68, subdivision 3,
9.27 paragraph (d), or subdivision 3a, for more than 1,020 hours in a
9.28 school year for a secondary student, more than 935 hours in a
9.29 school year for an elementary student, or more than 425 hours in
9.30 a school year for a kindergarten student without a disability,
9.31 that pupil may be counted as more than one pupil in average
9.32 daily membership. The amount in excess of one pupil must be
9.33 determined by the ratio of the number of hours of instruction
9.34 provided to that pupil in excess of: (i) the greater of 1,020
9.35 hours or the number of hours required for a full-time secondary
9.36 pupil in the district to 1,020 for a secondary pupil; (ii) the
10.1 greater of 935 hours or the number of hours required for a
10.2 full-time elementary pupil in the district to 935 for an
10.3 elementary pupil in grades 1 through 6; and (iii) the greater of
10.4 425 hours or the number of hours required for a full-time
10.5 kindergarten student without a disability in the district to 425
10.6 for a kindergarten student without a disability. Hours that
10.7 occur after the close of the instructional year in June shall be
10.8 attributable to the following fiscal year. A kindergarten
10.9 student must not be counted as more than 1.2 pupils in average
10.10 daily membership under this subdivision. A student in grades 1
10.11 through 12 must not be counted as more than 1.5 pupils in
10.12 average daily membership under this subdivision.
10.13 (b)(i) To receive general education revenue for a pupil in
10.14 an alternative program that has an independent study component,
10.15 a district must meet the requirements in this paragraph. The
10.16 district must develop, for the pupil, a continual learning plan
10.17 consistent with section 124D.128, subdivision 3. Each school
10.18 district that has a state-approved public alternative program
10.19 must reserve revenue in an amount equal to at least 90 percent
10.20 of the district average general education revenue per pupil unit
10.21 less compensatory revenue per pupil unit times the number of
10.22 pupil units generated by students attending a state-approved
10.23 public alternative program. The amount of reserved revenue
10.24 available under this subdivision may only be spent for program
10.25 costs associated with the state-approved public alternative
10.26 program. Compensatory revenue must be allocated according to
10.27 section 126C.15, subdivision 2.
10.28 (ii) General education revenue for a pupil in an approved
10.29 alternative program without an independent study component must
10.30 be prorated for a pupil participating for less than a full year,
10.31 or its equivalent. The district must develop a continual
10.32 learning plan for the pupil, consistent with section 124D.128,
10.33 subdivision 3. Each school district that has a state-approved
10.34 public alternative program must reserve revenue in an amount
10.35 equal to at least 90 percent of the district average general
10.36 education revenue per pupil unit less compensatory revenue per
11.1 pupil unit times the number of pupil units generated by students
11.2 attending a state-approved public alternative program. The
11.3 amount of reserved revenue available under this subdivision may
11.4 only be spent for program costs associated with the
11.5 state-approved public alternative program. Compensatory revenue
11.6 must be allocated according to section 126C.15, subdivision 2.
11.7 (iii) General education revenue for a pupil in an approved
11.8 alternative program that has an independent study component must
11.9 be paid for each hour of teacher contact time and each hour of
11.10 independent study time completed toward a credit or graduation
11.11 standards necessary for graduation. Average daily membership
11.12 for a pupil shall equal the number of hours of teacher contact
11.13 time and independent study time divided by 1,020.
11.14 (iv) For an alternative program having an independent study
11.15 component, the commissioner shall require a description of the
11.16 courses in the program, the kinds of independent study involved,
11.17 the expected learning outcomes of the courses, and the means of
11.18 measuring student performance against the expected outcomes.
11.19 Sec. 5. [126C.457] [CAREER AND TECHNICAL LEVY.]
11.20 For taxes payable in 2003 only, a school district may levy
11.21 an amount equal to the greater of (1) $10,000, or (2) the
11.22 district's fiscal year 2001 entitlement for career and technical
11.23 aid under section 124D.453. The district must recognize the
11.24 full amount of this levy as revenue for the fiscal year in which
11.25 it is certified. Revenue received under this section must be
11.26 reserved and used only for career and technical programs.
11.27 Sec. 6. Minnesota Statutes 2000, section 136F.68, is
11.28 amended to read:
11.29 136F.68 [STATE PROPERTY AGREEMENTS.]
11.30 Notwithstanding section 16B.24, or other law to the
11.31 contrary, the board may enter into an agreement with an
11.32 intermediate school district for the cooperative use of state
11.33 property for an initial period of ten years, which may be
11.34 renewed or extended for additional periods of up to ten years
11.35 each any period of time specified in the agreement.
11.36 [EFFECTIVE DATE.] This section is effective the day
12.1 following final enactment.
12.2 Sec. 7. Laws 1997, First Special Session chapter 4,
12.3 article 3, section 25, subdivision 7, is amended to read:
12.4 Subd. 7. [WORKSTUDY STUDENT COMPENSATION.] For enabling
12.5 school districts to pay the employer's share of work study
12.6 students compensation under Minnesota Statutes, section
12.7 136A.233, subdivision 3:
12.8 $50,000 ..... 1998
12.9 $50,000 ..... 1999
12.10 Money shall be available to districts upon request until
12.11 the appropriation is exhausted February 14, 2002. The
12.12 commissioner may establish an application procedure for
12.13 allocating the money to districts.
12.14 Sec. 8. Laws 2001, First Special Session chapter 6,
12.15 article 1, section 54, subdivision 2, is amended to read:
12.16 Subd. 2. [GENERAL AND SUPPLEMENTAL EDUCATION AID.] (a) For
12.17 general and supplemental education aid:
12.18 $3,364,596,000 $3,404,787,000 ..... 2002
12.19 $3,506,910,000 $4,982,334,000 ..... 2003
12.20 The 2002 appropriation includes $318,932,000 $323,767,000
12.21 for 2001 and $3,045,664,000 $3,081,020,000 for 2002.
12.22 The 2003 appropriation includes $338,407,000 $335,220,000
12.23 for 2002 and $3,168,503,000 $4,647,114,000 for 2003.
12.24 (b) The fiscal year 2003 appropriation in paragraph (a) is
12.25 reduced by $1,901,000.
12.26 [EFFECTIVE DATE.] This section is effective the day
12.27 following final enactment.
12.28 Sec. 9. Laws 2001, First Special Session chapter 6,
12.29 article 2, section 77, subdivision 2, is amended to read:
12.30 Subd. 2. [EXAMINATION FEES; TEACHER TRAINING AND SUPPORT
12.31 PROGRAMS.] (a) For students' advanced placement and
12.32 international baccalaureate examination fees under Minnesota
12.33 Statutes 2000, section 120B.13, subdivision 3, and the training
12.34 and related costs for teachers and other interested educators
12.35 under Minnesota Statutes 2000, section 120B.13, subdivision 1:
12.36 $2,000,000 ..... 2002
13.1 $2,000,000 $1,000,000 ..... 2003
13.2 Any funds unexpended in the first year do not cancel and
13.3 are available in the second year.
13.4 (b) The advanced placement program shall receive 75 percent
13.5 of the appropriation each year and the international
13.6 baccalaureate program shall receive 25 percent of the
13.7 appropriation each year. The department, in consultation with
13.8 representatives of the advanced placement and international
13.9 baccalaureate programs selected by the advanced placement
13.10 advisory council and IBMN, respectively, shall determine the
13.11 amounts of the expenditures each year for examination fees and
13.12 training and support programs for each program.
13.13 (c) Notwithstanding Minnesota Statutes, section 120B.13,
13.14 subdivision 1, $375,000 each year is for teachers to attend
13.15 subject matter summer training programs and follow-up support
13.16 workshops approved by the advanced placement or international
13.17 baccalaureate programs. The amount of the subsidy for each
13.18 teacher attending an advanced placement or international
13.19 baccalaureate summer training program or workshop shall be the
13.20 same. The commissioner shall determine the payment process and
13.21 the amount of the subsidy.
13.22 (d) Notwithstanding Minnesota Statutes, section 120B.13,
13.23 subdivision 3, in each year to the extent of available
13.24 appropriations, The commissioner shall pay all examination fees
13.25 for all students of low-income families under Minnesota
13.26 Statutes, section 120B.13, subdivision 3, and to the extent of
13.27 available appropriations shall also pay examination fees for
13.28 students sitting for an advanced placement examination,
13.29 international baccalaureate examination, or both. If this
13.30 amount is not adequate, the commissioner may pay less than the
13.31 full examination fee.
13.32 Any balance in the first year does not cancel but is
13.33 available in the second year.
13.34 Sec. 10. Laws 2001, First Special Session chapter 6,
13.35 article 2, section 77, subdivision 7, is amended to read:
13.36 Subd. 7. [BEST PRACTICES SEMINARS.] For best practices
14.1 graduation rule seminars and other professional development
14.2 capacity building activities that assure proficiency in teaching
14.3 and implementation of graduation rule standards:
14.4 $5,260,000 ..... 2002
14.5 $3,480,000 $2,180,000 ..... 2003
14.6 $1,000,000 in fiscal year 2002 is for arts via the Internet
14.7 collaborative project between the Walker Art Center and the
14.8 Minneapolis Institute of Arts; $500,000 each year is for best
14.9 practices grants to intermediate school districts Nos. 287, 916,
14.10 and 917 to train teachers of special needs students under Laws
14.11 1998, chapter 398, article 5, section 42; and $250,000 each year
14.12 is for a grant to A Chance to Grow/New Visions for the Minnesota
14.13 Learning Resource Center.
14.14 The commissioner shall consider a curriculum development
14.15 grant, consistent with the graduation rule, to develop curricula
14.16 in the area of natural sciences including botany, horticulture,
14.17 and zoology. The grant shall also be used to provide
14.18 instructional materials on the Internet. The commissioner shall
14.19 consider best practices grants to districts for developing
14.20 gifted and talented services that are integrated with the
14.21 state's graduation standards. The commissioner shall consider a
14.22 grant to independent school district No. 621, Mounds View, for a
14.23 pilot project to establish a parallel block schedule strategy in
14.24 grades 1 through 3.
14.25 [EFFECTIVE DATE.] This section is effective the day
14.26 following final enactment.
14.27 Sec. 11. Laws 2001, First Special Session chapter 6,
14.28 article 2, section 77, subdivision 23, is amended to read:
14.29 Subd. 23. [EDUCATION AND EMPLOYMENT TRANSITIONS PROGRAM
14.30 GRANTS.] For education and employment transitions programming
14.31 under Minnesota Statutes, section 124D.46:
14.32 $775,000 ..... 2002
14.33 $775,000 ..... 2003
14.34 $250,000 each year is for ISEEK.
14.35 $450,000 each year is for youth apprenticeship grants and
14.36 to conduct a high school follow-up survey to include first,
15.1 third, and sixth year graduates of Minnesota schools.
15.2 $75,000 each year is for grants to school districts for the
15.3 junior achievement program.
15.4 Any balance in the first year does not cancel but is
15.5 available in the second year.
15.6 Sec. 12. Laws 2001, First Special Session chapter 6,
15.7 article 2, section 77, subdivision 25, as amended by Laws 2001,
15.8 First Special Session chapter 13, section 14, is amended to read:
15.9 Subd. 25. [SCHOOL EVALUATION SERVICES.] For contracting
15.10 with an independent school evaluation services contractor to
15.11 evaluate and report on school districts' academic and financial
15.12 performance under section 64:
15.13 $2,500,000 $1,500,000 ..... 2002
15.14 Any balance in the first year does not cancel but is
15.15 available in the second year. The base for this program is
15.16 $1,500,000 in fiscal year 2004 only.
15.17 Sec. 13. Laws 2001, First Special Session chapter 6,
15.18 article 2, section 77, subdivision 29, is amended to read:
15.19 Subd. 29. [ALTERNATIVE TEACHER COMPENSATION.] For
15.20 alternative teacher compensation established under Minnesota
15.21 Statutes, sections 124D.945 to 124D.947:
15.22 $4,000,000 $3,000,000 ..... 2002
15.23 $4,000,000 $3,700,000 ..... 2003
15.24 If the appropriations under this subdivision are
15.25 insufficient to fund all program participants, the participants
15.26 shall be prioritized by the commissioner by the date of receipt
15.27 of the application. A participant may receive less than the
15.28 maximum per pupil amount available under Minnesota Statutes,
15.29 section 124D.945, subdivision 3.
15.30 Any balance in the first year does not cancel but is
15.31 available in the second year.
15.32 [EFFECTIVE DATE.] This section is effective the day
15.33 following final enactment.
15.34 Sec. 14. Laws 2001, First Special Session chapter 6,
15.35 article 3, section 21, subdivision 11, is amended to read:
15.36 Subd. 11. [WEB-BASED, INDIVIDUAL INTERAGENCY INTERVENTION
16.1 PLAN.] For ongoing development, administration, and interagency
16.2 training costs associated with a statewide, Web-based
16.3 application for the individual interagency intervention plan
16.4 required in Minnesota Statutes, section 125A.023:
16.5 $250,000 ..... 2002
16.6 $250,000 ..... 2003
16.7 This is a onetime appropriation.
16.8 Sec. 15. Laws 2001, First Special Session chapter 6,
16.9 article 7, section 13, as amended by Laws 2001, First Special
16.10 Session chapter 13, section 15, is amended to read:
16.11 Sec. 13. [APPROPRIATIONS; DEPARTMENT OF CHILDREN,
16.12 FAMILIES, AND LEARNING.]
16.13 Subdivision 1. [DEPARTMENT OF CHILDREN, FAMILIES, AND
16.14 LEARNING.] Unless otherwise indicated, the sums indicated in
16.15 this section are appropriated from the general fund to the
16.16 department of children, families, and learning for the fiscal
16.17 years designated.
16.18 Subd. 2. [DEPARTMENT.] (a) For the department of children,
16.19 families, and learning:
16.20 $31,530,000 $28,801,000 ..... 2002
16.21 $31,748,000 $27,827,000 ..... 2003
16.22 Any balance in the first year does not cancel but is
16.23 available in the second year.
16.24 (b) $684,000 $616,000 in 2002 and $690,000 $621,000 in 2003
16.25 are for the board of teaching.
16.26 (c) $165,000 each year is for the board of school
16.27 administrators.
16.28 (d) $500,000 in 2002 and $250,000 in 2003 and thereafter
16.29 are for the Minnesota Academic Excellence Foundation.
16.30 (e) $260,000 each year is for the Minnesota Children's
16.31 Museum; $50,000 in fiscal year 2002 is for the Duluth Children's
16.32 Museum.
16.33 (f) (e) The expenditures of federal grants and aids as
16.34 shown in the biennial budget document and its supplements are
16.35 approved and appropriated and shall be spent as indicated.
16.36 (g) (f) In preparing the department budget for fiscal years
17.1 2004-2005, the department shall shift all administrative funding
17.2 from aids appropriations into the appropriation for the
17.3 department.
17.4 [EFFECTIVE DATE.] This section is effective the day
17.5 following final enactment.
17.6 Sec. 16. Laws 2001, First Special Session chapter 6,
17.7 article 7, section 14, is amended to read:
17.8 Sec. 14. [APPROPRIATIONS; PERPICH CENTER FOR ARTS
17.9 EDUCATION.]
17.10 The sums indicated in this section are appropriated from
17.11 the general fund to the Perpich Center for Arts Education for
17.12 the fiscal years designated:
17.13 $7,681,000 $7,431,000 ..... 2002
17.14 $7,816,000 $7,316,000 ..... 2003
17.15 $150,000 each year is to extend the partnership network to
17.16 up to five new partnership sites and for developing
17.17 whole-school, arts-based teaching and learning curriculum at new
17.18 sites.
17.19 Any balance in the first year does not cancel but is
17.20 available in the second year.
17.21 [EFFECTIVE DATE.] This section is effective the day
17.22 following final enactment.
17.23 Sec. 17. [EXCESS COST AID ADJUSTMENT; CAMBRIDGE-ISANTI.]
17.24 For fiscal year 2002 only, the commissioner of children,
17.25 families, and learning must make a positive adjustment of
17.26 $400,000 to the special education excess cost-aid payment to
17.27 independent school district No. 911, Cambridge-Isanti.
17.28 [EFFECTIVE DATE.] This section is effective the day
17.29 following final enactment.
17.30 Sec. 18. [REPEALER.]
17.31 Laws 2001, First Special Session chapter 6, article 1,
17.32 section 31, is repealed retroactive to July 1, 2001.
17.33 ARTICLE 4
17.34 K-12 FORECAST ADJUSTMENTS
17.35 Section 1. Minnesota Statutes 2001 Supplement, section
17.36 123B.54, is amended to read:
18.1 123B.54 [DEBT SERVICE APPROPRIATION.]
18.2 (a) $25,989,000 $25,987,000 in fiscal year 2002,
18.3 $35,163,000 $31,892,000 in fiscal year 2003,
18.4 $31,787,000 $36,629,000 in fiscal year 2004, and
18.5 $26,453,000 $36,931,000 in fiscal years 2005 and later are
18.6 appropriated from the general fund to the commissioner of
18.7 children, families, and learning for payment of debt service
18.8 equalization aid under section 123B.53.
18.9 (b) The appropriations in paragraph (a) must be reduced by
18.10 the amount of any money specifically appropriated for the same
18.11 purpose in any year from any state fund.
18.12 [EFFECTIVE DATE.] This section is effective the day
18.13 following final enactment.
18.14 Sec. 2. Laws 2001, First Special Session chapter 5,
18.15 article 2, section 29, subdivision 2, is amended to read:
18.16 Subd. 2. [REFERENDUM TAX BASE REPLACEMENT AID.] For
18.17 referendum tax base replacement aid according to Minnesota
18.18 Statutes, section 126C.17, subdivision 7a:
18.19 $7,851,000 $7,616,000 ..... 2003
18.20 The 2003 appropriation includes $0 for 2002 and $7,851,000
18.21 $7,616,000 for 2003.
18.22 [EFFECTIVE DATE.] This section is effective the day
18.23 following final enactment.
18.24 Sec. 3. Laws 2001, First Special Session chapter 6,
18.25 article 1, section 54, subdivision 4, is amended to read:
18.26 Subd. 4. [ABATEMENT AID.] For abatement aid according to
18.27 Minnesota Statutes, section 127A.49:
18.28 $7,098,000 $5,698,000 ..... 2002
18.29 $7,692,000 $2,990,000 ..... 2003
18.30 The 2002 appropriation includes $640,000 for 2001 and
18.31 $6,458,000 $5,058,000 for 2002.
18.32 The 2003 appropriation includes $717,000 $562,000 for 2002
18.33 and $6,975,000 $2,428,000 for 2003.
18.34 [EFFECTIVE DATE.] This section is effective the day
18.35 following final enactment.
18.36 Sec. 4. Laws 2001, First Special Session chapter 6,
19.1 article 1, section 54, subdivision 5, is amended to read:
19.2 Subd. 5. [NONPUBLIC PUPIL AID.] For nonpublic pupil
19.3 education aid according to Minnesota Statutes, sections 123.79
19.4 and 123B.40 to 123B.43:
19.5 $14,099,000 $14,441,000 ..... 2002
19.6 $16,472,000 $15,977,000 ..... 2003
19.7 The 2002 appropriation includes $1,330,000 for 2001 and
19.8 $12,769,000 $13,111,000 for 2002.
19.9 The 2003 appropriation includes $1,419,000 $1,457,000 for
19.10 2002 and $15,053,000 $14,520,000 for 2003.
19.11 [EFFECTIVE DATE.] This section is effective the day
19.12 following final enactment.
19.13 Sec. 5. Laws 2001, First Special Session chapter 6,
19.14 article 1, section 54, subdivision 6, is amended to read:
19.15 Subd. 6. [NONPUBLIC PUPIL TRANSPORTATION.] For nonpublic
19.16 pupil transportation aid under Minnesota Statutes, section
19.17 123B.92, subdivision 9:
19.18 $20,488,000 $20,635,000 ..... 2002
19.19 $24,802,000 $25,347,000 ..... 2003
19.20 The 2002 appropriation includes $2,000,000 for 2001 and
19.21 $18,488,000 $18,635,000 for 2002.
19.22 The 2003 appropriation includes $2,054,000 $2,070,000 for
19.23 2002 and $22,748,000 $23,277,000 for 2003.
19.24 [EFFECTIVE DATE.] This section is effective the day
19.25 following final enactment.
19.26 Sec. 6. Laws 2001, First Special Session chapter 6,
19.27 article 1, section 54, subdivision 7, is amended to read:
19.28 Subd. 7. [CONSOLIDATION TRANSITION AID.] For districts
19.29 consolidating under Minnesota Statutes, section 123A.485:
19.30 $675,000 $531,000 ..... 2002
19.31 $669,000 $736,000 ..... 2003
19.32 The 2002 appropriation includes $44,000 for 2001 and
19.33 $631,000 $487,000 for 2002.
19.34 The 2003 appropriation includes $70,000 $54,000 for 2002
19.35 and $599,000 $682,000 for 2003.
19.36 Any balance in the first year does not cancel but is
20.1 available in the second year.
20.2 [EFFECTIVE DATE.] This section is effective the day
20.3 following final enactment.
20.4 Sec. 7. Laws 2001, First Special Session chapter 6,
20.5 article 2, section 77, subdivision 4, is amended to read:
20.6 Subd. 4. [CHARTER SCHOOL BUILDING LEASE AID.] For building
20.7 lease aid under Minnesota Statutes, section 124D.11, subdivision
20.8 4:
20.9 $16,554,000 $12,323,000 ..... 2002
20.10 $25,176,000 $15,330,000 ..... 2003
20.11 The 2002 appropriation includes $1,114,000 for 2001 and
20.12 $15,440,000 $11,209,000 for 2002.
20.13 The 2003 appropriation includes $1,715,000 $1,245,000 for
20.14 2002 and $23,461,000 $14,085,000 for 2003.
20.15 [EFFECTIVE DATE.] This section is effective the day
20.16 following final enactment.
20.17 Sec. 8. Laws 2001, First Special Session chapter 6,
20.18 article 2, section 77, subdivision 5, is amended to read:
20.19 Subd. 5. [CHARTER SCHOOL STARTUP GRANTS.] For charter
20.20 school startup cost aid under Minnesota Statutes, section
20.21 124D.11:
20.22 $2,738,000 $2,090,000 ..... 2002
20.23 $3,143,000 $1,549,000 ..... 2003
20.24 The 2002 appropriation includes $273,000 $258,000 for 2001
20.25 and $2,465,000 $1,832,000 for 2002.
20.26 The 2003 appropriation includes $274,000 $204,000 for 2002
20.27 and $2,869,000 $1,345,000 for 2003.
20.28 [EFFECTIVE DATE.] This section is effective the day
20.29 following final enactment.
20.30 Sec. 9. Laws 2001, First Special Session chapter 6,
20.31 article 2, section 77, subdivision 8, is amended to read:
20.32 Subd. 8. [INTEGRATION AID.] For integration aid:
20.33 $65,478,000 $63,421,000 ..... 2002
20.34 $51,996,000 $53,890,000 ..... 2003
20.35 The 2002 appropriation includes $5,729,000 for 2001 and
20.36 $59,749,000 $57,692,000 for 2002.
21.1 The 2003 appropriation includes $6,639,000 $6,410,000 for
21.2 2002 and $45,357,000 $47,480,000 for 2003.
21.3 [EFFECTIVE DATE.] This section is effective the day
21.4 following final enactment.
21.5 Sec. 10. Laws 2001, First Special Session chapter 6,
21.6 article 2, section 77, subdivision 11, is amended to read:
21.7 Subd. 11. [MAGNET SCHOOL STARTUP AID.] For magnet school
21.8 startup aid under Minnesota Statutes, section 124D.88:
21.9 $482,000 $475,000 ..... 2002
21.10 $326,000 $298,000 ..... 2003
21.11 The 2002 appropriation includes $25,000 for 2001 and
21.12 $457,000 $450,000 for 2002.
21.13 The 2003 appropriation includes $51,000 $50,000 for 2002
21.14 and $275,000 $248,000 for 2003.
21.15 [EFFECTIVE DATE.] This section is effective the day
21.16 following final enactment.
21.17 Sec. 11. Laws 2001, First Special Session chapter 6,
21.18 article 2, section 77, subdivision 15, is amended to read:
21.19 Subd. 15. [SUCCESS FOR THE FUTURE.] For American Indian
21.20 success for the future grants according to Minnesota Statutes,
21.21 section 124D.81:
21.22 $2,047,000 $1,924,000 ..... 2002
21.23 $2,137,000 ..... 2003
21.24 The 2002 appropriation includes $0 for 2001 and $2,047,000
21.25 $1,924,000 for 2002.
21.26 The 2003 appropriation includes $255,000 $213,000 for 2002
21.27 and $2,132,000 $1,924,000 for 2003.
21.28 [EFFECTIVE DATE.] This section is effective the day
21.29 following final enactment.
21.30 Sec. 12. Laws 2001, First Special Session chapter 6,
21.31 article 2, section 77, subdivision 18, is amended to read:
21.32 Subd. 18. [TRIBAL CONTRACT SCHOOLS.] For tribal contract
21.33 school aid under Minnesota Statutes, section 124D.83:
21.34 $2,520,000 $2,304,000 ..... 2002
21.35 $2,767,000 $2,408,000 ..... 2003
21.36 The 2002 appropriation includes $192,000 for 2001 and
22.1 $2,328,000 $2,112,000 for 2002.
22.2 The 2003 appropriation includes $258,000 $235,000 for 2002
22.3 and $2,509,000 $2,173,000 for 2003.
22.4 [EFFECTIVE DATE.] This section is effective the day
22.5 following final enactment.
22.6 Sec. 13. Laws 2001, First Special Session chapter 6,
22.7 article 3, section 21, subdivision 2, is amended to read:
22.8 Subd. 2. [SPECIAL EDUCATION AID.] For special education
22.9 aid according to Minnesota Statutes, section 125A.75:
22.10 $507,448,000 $507,841,000 ..... 2002
22.11 $531,481,000 $532,282,000 ..... 2003
22.12 The 2002 appropriation includes $47,400,000 for 2001 and
22.13 $460,048,000 $460,441,000 for 2002.
22.14 The 2003 appropriation includes $51,116,000 $51,160,000 for
22.15 2002 and $480,365,000 $481,122,000 for 2003.
22.16 [EFFECTIVE DATE.] This section is effective the day
22.17 following final enactment.
22.18 Sec. 14. Laws 2001, First Special Session chapter 6,
22.19 article 3, section 21, subdivision 3, is amended to read:
22.20 Subd. 3. [AID FOR CHILDREN WITH A DISABILITY.] For aid
22.21 according to Minnesota Statutes, section 125A.75, subdivision 3,
22.22 for children with a disability placed in residential facilities
22.23 within the district boundaries for whom no district of residence
22.24 can be determined:
22.25 $1,877,000 $1,358,000 ..... 2002
22.26 $2,033,000 $3,161,000 ..... 2003
22.27 If the appropriation for either year is insufficient, the
22.28 appropriation for the other year is available.
22.29 Any balance in the first year does not cancel but is
22.30 available in the second year.
22.31 [EFFECTIVE DATE.] This section is effective the day
22.32 following final enactment.
22.33 Sec. 15. Laws 2001, First Special Session chapter 6,
22.34 article 3, section 21, subdivision 4, is amended to read:
22.35 Subd. 4. [TRAVEL FOR HOME-BASED SERVICES.] For aid for
22.36 teacher travel for home-based services according to Minnesota
23.1 Statutes, section 125A.75, subdivision 1:
23.2 $135,000 $143,000 ..... 2002
23.3 $138,000 $148,000 ..... 2003
23.4 The 2002 appropriation includes $13,000 $14,000 for 2001
23.5 and $122,000 $129,000 for 2002.
23.6 The 2003 appropriation includes $13,000 $15,000 for 2002
23.7 and $125,000 $133,000 for 2003.
23.8 [EFFECTIVE DATE.] This section is effective the day
23.9 following final enactment.
23.10 Sec. 16. Laws 2001, First Special Session chapter 6,
23.11 article 3, section 21, subdivision 5, is amended to read:
23.12 Subd. 5. [SPECIAL EDUCATION EXCESS COST AID.] For excess
23.13 cost aid:
23.14 $102,665,000 $103,061,000 ..... 2002
23.15 $104,773,000 $105,289,000 ..... 2003
23.16 The 2002 appropriation includes $9,889,000 for 2001 and
23.17 $92,776,000 $93,172,000 for 2002.
23.18 The 2003 appropriation includes $10,308,000 $10,352,000 for
23.19 2002 and $94,465,000 $94,937,000 for 2003.
23.20 [EFFECTIVE DATE.] This section is effective the day
23.21 following final enactment.
23.22 Sec. 17. Laws 2001, First Special Session chapter 6,
23.23 article 3, section 21, subdivision 7, is amended to read:
23.24 Subd. 7. [TRANSITION PROGRAMS; STUDENTS WITH
23.25 DISABILITIES.] For aid for transition programs for pupils with
23.26 disabilities according to Minnesota Statutes, section 124D.454:
23.27 $8,954,000 $8,960,000 ..... 2002
23.28 $8,939,000 $8,952,000 ..... 2003
23.29 The 2002 appropriation includes $896,000 for 2001 and
23.30 $8,058,000 $8,064,000 for 2002.
23.31 The 2003 appropriation includes $895,000 $896,000 for 2002
23.32 and $8,044,000 $8,056,000 for 2003.
23.33 [EFFECTIVE DATE.] This section is effective the day
23.34 following final enactment.
23.35 Sec. 18. Laws 2001, First Special Session chapter 6,
23.36 article 4, section 27, subdivision 2, is amended to read:
24.1 Subd. 2. [HEALTH AND SAFETY AID.] For health and safety
24.2 aid according to Minnesota Statutes, section 123B.57,
24.3 subdivision 5:
24.4 $14,980,000 $13,630,000 ..... 2002
24.5 $14,550,000 $10,800,000 ..... 2003
24.6 The 2002 appropriation includes $1,480,000 for 2001 and
24.7 $13,500,000 $12,150,000 for 2002.
24.8 The 2003 appropriation includes $1,500,000 $1,350,000 for
24.9 2002 and $13,050,000 $9,450,000 for 2003.
24.10 [EFFECTIVE DATE.] This section is effective the day
24.11 following final enactment.
24.12 Sec. 19. Laws 2001, First Special Session chapter 6,
24.13 article 4, section 27, subdivision 3, is amended to read:
24.14 Subd. 3. [DEBT SERVICE AID.] For debt service aid
24.15 according to Minnesota Statutes, section 123B.53, subdivision 6:
24.16 $25,989,000 $25,987,000 ..... 2002
24.17 $35,523,000 $31,892,000 ..... 2003
24.18 The 2002 appropriation includes $2,890,000 for 2001 and
24.19 $23,099,000 $23,097,000 for 2002.
24.20 The 2003 appropriation includes $2,567,000 $2,566,000 for
24.21 2002 and $32,956,000 $29,326,000 for 2003.
24.22 [EFFECTIVE DATE.] This section is effective the day
24.23 following final enactment.
24.24 Sec. 20. Laws 2001, First Special Session chapter 6,
24.25 article 4, section 27, subdivision 5, is amended to read:
24.26 Subd. 5. [ALTERNATIVE FACILITIES BONDING AID.] For
24.27 alternative facilities bonding aid, according to Minnesota
24.28 Statutes, section 123B.59, subdivision 1:
24.29 $19,279,000 $19,280,000 ..... 2002
24.30 $19,287,000 ..... 2003
24.31 The 2002 appropriation includes $1,921,000 for 2001 and
24.32 $17,358,000 $17,359,000 for 2002.
24.33 The 2003 appropriation includes $1,929,000 $1,928,000 for
24.34 2002 and $17,358,000 $17,359,000 for 2003.
24.35 [EFFECTIVE DATE.] This section is effective the day
24.36 following final enactment.
25.1 Sec. 21. Laws 2001, First Special Session chapter 6,
25.2 article 4, section 27, subdivision 6, is amended to read:
25.3 Subd. 6. [TELECOMMUNICATION ACCESS COST REVENUE.] For
25.4 telecommunication access cost revenue under Minnesota Statutes,
25.5 section 125B.25:
25.6 $15,387,000 $14,800,000 ..... 2002
25.7 $ 1,565,000 $ 1,500,000 ..... 2003
25.8 The 2002 appropriation includes $1,300,000 for 2001 and
25.9 $14,087,000 $13,500,000 for 2002.
25.10 The 2003 appropriation includes $1,565,000 $1,500,000 for
25.11 2002 and $0 for 2003.
25.12 If the appropriation amount is insufficient, the
25.13 commissioner shall reduce the reimbursement rate in Minnesota
25.14 Statutes, section 125B.25, subdivisions 5 and 6, and the revenue
25.15 for the 2001-2002 school year shall be prorated. The
25.16 reimbursement rate shall not exceed 100 percent.
25.17 [EFFECTIVE DATE.] This section is effective the day
25.18 following final enactment.
25.19 Sec. 22. Laws 2001, First Special Session chapter 6,
25.20 article 5, section 13, subdivision 2, is amended to read:
25.21 Subd. 2. [SCHOOL LUNCH.] (a) For school lunch aid
25.22 according to Minnesota Statutes, section 124D.111, and Code of
25.23 Federal Regulations, title 7, section 210.17, and for school
25.24 milk aid according to Minnesota Statutes, section 124D.118:
25.25 $8,710,000 ..... 2002
25.26 $8,950,000 $8,500,000 ..... 2003
25.27 (b) Not more than $800,000 of the amount appropriated each
25.28 year may be used for school milk aid.
25.29 Sec. 23. Laws 2001, First Special Session chapter 6,
25.30 article 5, section 13, subdivision 5, is amended to read:
25.31 Subd. 5. [FAST BREAK TO LEARNING GRANTS.] For fast break
25.32 to learning grants under Minnesota Statutes, section 124D.1156:
25.33 $2,446,000 ..... 2002
25.34 $2,839,000 ..... 2003
25.35 The 2002 appropriation includes $0 for 2001 and $2,446,000
25.36 for 2002.
26.1 The 2003 appropriation includes $272,000 $271,000 for 2002
26.2 and $2,567,000 $2,568,000 for 2003.
26.3 ARTICLE 5
26.4 HIGHER EDUCATION
26.5 Section 1. [HIGHER EDUCATION APPROPRIATIONS.]
26.6 The dollar amounts in the columns marked "APPROPRIATIONS"
26.7 are added to or, if shown in parentheses, are subtracted from
26.8 the appropriations in Laws 2001, First Special Session chapter
26.9 1, or other law to the specified agencies. The appropriations
26.10 are from the general fund or any other named fund and are
26.11 available for the fiscal years indicated for each purpose. The
26.12 figure 2002 or 2003 means that the addition to or subtraction
26.13 from the appropriations listed under the figure are for the
26.14 fiscal year ending June 30, 2002, or June 30, 2003,
26.15 respectively. If only one figure is shown in the text for a
26.16 specified purpose, the addition or subtraction is for 2002
26.17 unless the context intends another fiscal year.
26.18 SUMMARY BY FUND
26.19 2002 2003 TOTAL
26.20 General $ ( 2,744,000) $ (47,256,000) $ (50,000,000)
26.21 SUMMARY BY AGENCY - ALL FUNDS
26.22 2002 2003 TOTAL
26.23 Higher Education
26.24 Services Office $ ( 2,744,000) $ ( 931,000) $ ( 3,675,000)
26.25 Board of Trustees of
26.26 the Minnesota State Colleges
26.27 and Universities $ (22,692,000) $ (22,692,000)
26.28 Board of Regents of the
26.29 University of Minnesota $ (23,633,000) $ (23,633,000)
26.30 APPROPRIATIONS
26.31 Available for the Year
26.32 Ending June 30
26.33 2002 2003
26.34 Sec. 2. HIGHER EDUCATION
26.35 SERVICES OFFICE
26.36 Subdivision 1. Total
26.37 Appropriation Changes (2,744,000) ( 931,000) ( 3,675,000)
26.38 Subd. 2. State Grants 1,460,000 2,995,000 4,455,000
26.39 Notwithstanding Laws 2001, First
26.40 Special Session chapter 1, article 1,
26.41 section 2, subdivision 2, savings in
26.42 the state grant program in fiscal year
27.1 2003 resulting from any increase in the
27.2 maximum federal grant over $3,750 or
27.3 from any other source, after use to
27.4 provide additional decreases in the
27.5 family responsibility for independent
27.6 students as provided by law, shall
27.7 remain in the state grant program.
27.8 A reduction of $75,000 each year is
27.9 made to appropriations for the summer
27.10 scholarship program. A reduction of
27.11 $125,000 each year is made to
27.12 appropriations for the national service
27.13 scholars program. The appropriation
27.14 for the advanced placement scholarship
27.15 is reduced by $75,000 in fiscal year
27.16 2003.
27.17 Subd. 3. Interstate Tuition
27.18 Reciprocity (1,500,000) (1,000,000) (2,500,000)
27.19 Subd. 4. MnLink ( 822,000) -0- ( 822,000)
27.20 For fiscal year 2002, $822,000 of the
27.21 remaining appropriation in Laws 1997,
27.22 chapter 183, article 1, section 2,
27.23 subdivision 8, cancels to the general
27.24 fund.
27.25 Subd. 5. Minitex ( 382,000) ( 737,000) (1,119,000)
27.26 Subd. 6. Learning
27.27 Network of Minnesota ( 270,000) ( 900,000) (1,170,000)
27.28 Subd. 7. Minnesota College
27.29 Savings Plan (1,100,000) ( 900,000) (2,000,000)
27.30 Beginning in fiscal year 2004, the base
27.31 appropriation for this program is
27.32 $1,520,000 each year.
27.33 Subd. 8. Agency
27.34 Administration -0- ( 389,000) ( 389,000)
27.35 Notwithstanding Laws 2001, First
27.36 Special Session chapter 1, article 1,
27.37 section 2, subdivision 9, remaining
27.38 appropriations after final payments to
27.39 Youthworks grantees in an amount
27.40 estimated to be $130,000 cancels to the
27.41 general fund.
27.42 Sec. 3. BOARD OF TRUSTEES OF THE
27.43 MINNESOTA STATE COLLEGES AND UNIVERSITIES
27.44 Total Appropriation Changes (22,692,000) (22,692,000)
27.45 For fiscal years 2004 and 2005, the
27.46 base appropriation is reduced an
27.47 additional $1,786,000 each year.
27.48 The legislature intends that the board
27.49 of trustees should minimize the impact
27.50 of reductions in this section on
27.51 students by decreasing administrative
27.52 expenditures and reserve balances and
27.53 through programmatic restructuring
27.54 before increasing student tuition.
27.55 Sec. 4. BOARD OF REGENTS OF
27.56 THE UNIVERSITY OF MINNESOTA
28.1 Total Appropriation Changes (23,633,000) (23,633,000)
28.2 For fiscal years 2004 and 2005, the
28.3 base appropriation is reduced an
28.4 additional $1,858,000 each year.
28.5 The legislature intends that the board
28.6 of regents should minimize the impact
28.7 of reductions in this section on
28.8 students by decreasing administrative
28.9 expenditures and reserve balances and
28.10 through programmatic restructuring
28.11 before increasing student tuition.
28.12 Reductions under this section may be
28.13 made to general fund appropriations in
28.14 Laws 2001, First Special Session
28.15 chapter 1, article 1, section 4, except
28.16 for appropriations to the agricultural
28.17 and extension service under Laws 2001,
28.18 First Special Session chapter 1,
28.19 article 1, section 4, subdivision 4,
28.20 paragraph (a).
28.21 Sec. 5. Minnesota Statutes 2001 Supplement, section
28.22 136A.121, subdivision 6, is amended to read:
28.23 Subd. 6. [COST OF ATTENDANCE.] (a) The recognized cost of
28.24 attendance consists of allowances specified in law for living
28.25 and miscellaneous expenses, and
28.26 (1) for public institutions, the actual tuition and fees
28.27 charged by the institution; or
28.28 (2) for private institutions, an allowance for tuition and
28.29 fees equal to the lesser of the actual tuition and fees charged
28.30 by the institution, or the private institution tuition and fee
28.31 maximums established in law.
28.32 (b) For the purpose of paragraph (a), clause (2), the
28.33 private institution tuition and fee maximum for two- and
28.34 four-year, private, residential, liberal arts, degree-granting
28.35 colleges and universities must be the same.
28.36 (c) For a student registering for less than full time, the
28.37 office shall prorate the living and miscellaneous expense
28.38 allowance to the actual number of credits for which the student
28.39 is enrolled.
28.40 The recognized cost of attendance for a student who is
28.41 confined to a Minnesota correctional institution shall consist
28.42 of the tuition and fee component in paragraph (a), clause (1) or
28.43 (2), with no allowance for living and miscellaneous expenses.
28.44 [EFFECTIVE DATE.] This section is effective July 1, 2002.
29.1 Sec. 6. Minnesota Statutes 2001 Supplement, section
29.2 136A.124, subdivision 2, is amended to read:
29.3 Subd. 2. [ELIGIBILITY.] A grant must be awarded to a
29.4 student scoring an average of three or higher on five or more
29.5 advanced placement examinations on full-year courses or an
29.6 average of four or higher on five or more international
29.7 baccalaureate examinations on full-year courses. Two half-year
29.8 courses may be considered as one full-year course. The annual
29.9 amount of each grant must be based on the student's scores on
29.10 the examinations and the funds available under this section.
29.11 A grant under this subdivision must not affect a
29.12 recipient's eligibility for a state grant under section 136A.121.
29.13 Sec. 7. Minnesota Statutes 2001 Supplement, section
29.14 136A.124, subdivision 4, is amended to read:
29.15 Subd. 4. [ELIGIBLE INSTITUTION.] An "eligible institution"
29.16 under this section is a public or private four-year
29.17 degree-granting college or university or a two-year public
29.18 college in Minnesota that has a credit and placement policy for
29.19 either advanced placement or international baccalaureate
29.20 scholarship recipients, or both. Each eligible institution must
29.21 annually certify its policies to the office commissioner of
29.22 children, families, and learning. The office commissioner of
29.23 children, families, and learning must provide each Minnesota
29.24 secondary school with a copy of the post-secondary advanced
29.25 placement and international baccalaureate policies of eligible
29.26 institutions.
29.27 Sec. 8. Minnesota Statutes 2001 Supplement, section
29.28 136G.03, subdivision 25, is amended to read:
29.29 Subd. 25. [PENALTY.] "Penalty" means the amount
29.30 established by the office that is applied against the earnings
29.31 portion of a nonqualified distribution. The amount established
29.32 by the office must be the minimum required to be a more than de
29.33 minimis penalty under section 529 of the Internal Revenue Code.
29.34 The office must impose, collect, and apply penalties consistent
29.35 with section 529 of the Internal Revenue Code.
29.36 [EFFECTIVE DATE.] This section is effective the day
30.1 following final enactment.
30.2 Sec. 9. Minnesota Statutes 2001 Supplement, section
30.3 136G.07, subdivision 1, is amended to read:
30.4 Subdivision 1. [STATE BOARD TO INVEST.] The state board of
30.5 investment shall invest the money deposited in accounts in the
30.6 plan and all investments are directed by the board. Except as
30.7 permitted by the Internal Revenue Code, neither persons making
30.8 contributions to an account nor beneficiaries may direct the
30.9 investment of contributions to the plan or plan earnings.
30.10 [EFFECTIVE DATE.] This section is effective the day
30.11 following final enactment.
30.12 Sec. 10. Minnesota Statutes 2001 Supplement, section
30.13 136G.09, subdivision 8, is amended to read:
30.14 Subd. 8. [MAXIMUM ACCOUNT BALANCE LIMIT.] (a) When a
30.15 contribution is made, the total account balance of all accounts
30.16 held for the same beneficiary, including matching grant
30.17 accounts, must not exceed the maximum account balance limit as
30.18 determined under this subdivision.
30.19 (b) The maximum account balance limit is reduced for
30.20 withdrawals from any account for the same beneficiary that are
30.21 qualified distributions, distributions due to the death or
30.22 disability of the beneficiary, or distributions due to the
30.23 beneficiary receiving a scholarship. Subsequent contributions
30.24 must not be made to replenish an account if the contribution
30.25 results in the total account balance of all accounts held for
30.26 the beneficiary to exceed the reduced maximum account balance
30.27 limit. Any subsequent contributions must be rejected. A
30.28 subsequent contribution accepted in error must be returned to
30.29 the account owner plus any earnings on the contribution less any
30.30 applicable penalties.
30.31 (c) The maximum account balance limit is not reduced for a
30.32 nonqualified distribution or a rollover distribution. When such
30.33 distributions are taken, subsequent contributions may be made to
30.34 replenish an account up to the maximum account balance limit.
30.35 (d) The office must establish a maximum account balance
30.36 limit. The maximum account balance limit is four times the cost
31.1 of one year of qualified higher education expenses at the most
31.2 expensive eligible educational institution in Minnesota. The
31.3 office must adjust the maximum account balance limit, as
31.4 necessary, or on January 1 of each year. Qualified higher
31.5 education expenses for the academic year prior to January 1 of
31.6 each year must be used in calculating the maximum account
31.7 balance limit. The maximum account balance limit must not
31.8 exceed the amount permitted for the plan to qualify as a
31.9 qualified state tuition program under section 529 of the
31.10 Internal Revenue Code. For calendar years 2002 and 2003, the
31.11 maximum account balance is $235,000.
31.12 (e) If the total account balance of all accounts held for a
31.13 single beneficiary reaches the maximum account balance limit
31.14 prior to the end of that calendar year, the beneficiary may
31.15 receive an applicable matching grant for that calendar year.
31.16 [EFFECTIVE DATE.] This section is effective the day
31.17 following final enactment.
31.18 Sec. 11. [REPEALER.]
31.19 Laws 1997, chapter 183, article 2, section 19, is repealed.
31.20 ARTICLE 6
31.21 CORRECTIONS
31.22 Section 1. [APPROPRIATIONS/REDUCTIONS.]
31.23 The dollar amounts in the columns under "APPROPRIATIONS"
31.24 are added to or, if shown in parentheses, are subtracted from
31.25 the appropriations in Laws 2001, First Special Session chapters
31.26 8, 9, or other law to the specified agencies. The
31.27 appropriations are from the general fund or other named fund and
31.28 are available for the fiscal years indicated for each purpose.
31.29 The figure "2002" or "2003" means that the addition to or
31.30 subtraction from the appropriations listed under the figure are
31.31 for the fiscal year ending June 30, 2002, or June 30, 2003,
31.32 respectively.
31.33 2002 2003
31.34 APPROPRIATION REDUCTIONS (5,165,000) (11,489,000)
31.35 APPROPRIATIONS
31.36 2002 2003
32.1 Sec. 2. BOARD OF PUBLIC
32.2 DEFENSE -0- (1,153,000)
32.3 Sec. 3. CORRECTIONS
32.4 Subdivision 1. Total
32.5 Appropriation Changes (5,165,000) (10,113,000)
32.6 Subd. 2. Adult Institutions (5,200,000) (1,750,000)
32.7 The base for fiscal year 2004 shall be
32.8 reduced by $8,145,000, and for fiscal
32.9 year 2005 by $8,145,000. The
32.10 commissioner of corrections shall
32.11 develop an agencywide spending plan for
32.12 the 2004-2005 biennium and report to
32.13 the chairs and ranking minority members
32.14 of the house and senate committees with
32.15 jurisdiction over criminal justice
32.16 policy and funding on its
32.17 recommendations by January 15, 2003.
32.18 Subd. 3. Juvenile Services -0- (115,000)
32.19 Subd. 4. Community Services 35,000 (7,948,000)
32.20 [CLEARWATER COUNTY PROBATION SERVICES.]
32.21 $35,000 the first year and $74,000 the
32.22 second year are for an increase to
32.23 probation services provided to
32.24 Clearwater county. It is anticipated
32.25 that the county will reimburse the
32.26 state for these costs and that these
32.27 proceeds will be deposited in the
32.28 general fund.
32.29 [JUVENILE RESIDENTIAL TREATMENT
32.30 GRANTS.] $5,000,000 the second year is
32.31 to reduce juvenile residential
32.32 treatment grants.
32.33 [EXTENDED JUVENILE JURISDICTION
32.34 REIMBURSEMENT.] $1,200,000 the second
32.35 year is to reduce extended juvenile
32.36 jurisdiction reimbursement grants.
32.37 [PRETRIAL BAIL EVALUATION
32.38 REIMBURSEMENT.] $322,000 the second
32.39 year is to eliminate pretrial bail
32.40 evaluation reimbursement.
32.41 [COMMUNITY REENTRY PROGRAM.] $200,000
32.42 the second year is to eliminate the
32.43 community reentry program.
32.44 [PROBATION SERVICES.] $800,000 the
32.45 second year is to reduce the Community
32.46 Corrections Act subsidy funding.
32.47 $80,000 the second year is to reduce
32.48 county probation officer
32.49 reimbursement. $320,000 the second
32.50 year is to reduce probation and
32.51 supervised release services provided by
32.52 the department. These are onetime
32.53 reductions.
32.54 $100,000 the second year is to reduce
32.55 funding for the remote electronic
32.56 alcohol monitoring project.
32.57 Subd. 5. Management Services (300,000)
33.1 Sec. 4. OMBUDSMAN FOR CORRECTIONS -0- (168,000)
33.2 Sec. 5. SENTENCING GUIDELINES
33.3 COMMISSION -0- (55,000)
33.4 The base for fiscal year 2004 shall be
33.5 reduced by $60,000 and for fiscal year
33.6 2005 by $60,000.
33.7 Sec. 6. ADMINISTRATION
33.8 [ISSUANCE OF REQUEST FOR PROPOSALS;
33.9 FELONY-LEVEL DWI OFFENDERS.](a) The
33.10 commissioner of administration shall
33.11 issue a request for proposals by March
33.12 1, 2004, and shall select a vendor by
33.13 July 1, 2004, to provide housing and
33.14 chemical dependency treatment for
33.15 felony-level driving while impaired
33.16 offenders.
33.17 (b) In establishing the criteria a
33.18 vendor must meet and in specifying
33.19 preferences for vendors to meet, the
33.20 commissioner of administration shall
33.21 consult with the executive director of
33.22 the sentencing guidelines commission,
33.23 the commissioner of corrections, and
33.24 the commissioner of human services, as
33.25 appropriate. The commissioner of
33.26 administration shall consider the
33.27 following factors in issuing the
33.28 request for proposals:
33.29 (1) the level of security required for
33.30 housing felony-level DWI offenders
33.31 based upon the offense pattern of
33.32 current repeat DWI offenders;
33.33 (2) the type and length of chemical
33.34 dependency treatment and aftercare
33.35 needed for felony-level DWI offenders;
33.36 (3) the area of the state from which
33.37 offenders will come based upon the
33.38 offense pattern of current DWI
33.39 offenders;
33.40 (4) other treatment and rehabilitation
33.41 programs appropriate for offenders in a
33.42 detention facility focused on housing
33.43 felony-level DWI offenders; and
33.44 (5) other factors deemed appropriate
33.45 for consideration by the commissioner
33.46 of administration, corrections, or
33.47 human services, or by the executive
33.48 director of the sentencing guidelines
33.49 commission.
33.50 (c) The department of corrections shall
33.51 respond to the request for proposals.
33.52 Sec. 7. Minnesota Statutes 2000, section 120A.34, is
33.53 amended to read:
33.54 120A.34 [VIOLATIONS; PENALTIES.]
33.55 Any person who fails or refuses to provide for instruction
34.1 of a child of whom the person has legal custody, and who is
34.2 required by section 120A.22, subdivision 5, to receive
34.3 instruction, when notified so to do by a truant officer or other
34.4 official, or any person who induces or attempts to induce any
34.5 child unlawfully to be absent from school, or who knowingly
34.6 harbors or employs, while school is in session, any child
34.7 unlawfully absent from school, shall be guilty of a petty
34.8 misdemeanor. Any fines collected shall be paid into the county
34.9 treasury for the benefit of the school district in which the
34.10 offense is committed.
34.11 Sec. 8. Minnesota Statutes 2001 Supplement, section
34.12 242.192, is amended to read:
34.13 242.192 [CHARGES TO COUNTIES.]
34.14 (a) Until June 30, 2002, The commissioner shall charge
34.15 counties or other appropriate jurisdictions 65 percent of the
34.16 per diem cost of confinement, excluding educational costs and
34.17 nonbillable service, of juveniles at the Minnesota correctional
34.18 facility-Red Wing and of juvenile females committed to the
34.19 commissioner of corrections. This charge applies to juveniles
34.20 committed to the commissioner of corrections and juveniles
34.21 admitted to the Minnesota correctional facility-Red Wing under
34.22 established admissions criteria. This charge applies to both
34.23 counties that participate in the Community Corrections Act and
34.24 those that do not. The commissioner shall determine the per
34.25 diem cost of confinement based on projected population, pricing
34.26 incentives, market conditions, and the requirement that expense
34.27 and revenue balance out over a period of two years. All money
34.28 received under this section must be deposited in the state
34.29 treasury and credited to the general fund.
34.30 (b) Until June 30, 2002, the department of corrections
34.31 shall be responsible for 35 percent of the per diem cost of
34.32 confinement described in this section.
34.33 Sec. 9. Minnesota Statutes 2001 Supplement, section
34.34 244.054, subdivision 2, is amended to read:
34.35 Subd. 2. [CONTENT OF PLAN.] If an offender chooses to have
34.36 a discharge plan developed, the commissioner of human services
35.1 shall develop and implement a discharge plan, which must include
35.2 at least the following:
35.3 (1) at least 90 days before the offender is due to be
35.4 discharged, the commissioner of human services shall designate
35.5 an agent of the department of human services with mental health
35.6 training to serve as the primary person responsible for carrying
35.7 out discharge planning activities;
35.8 (2) at least 75 days before the offender is due to be
35.9 discharged, the offender's designated agent shall:
35.10 (i) obtain informed consent and releases of information
35.11 from the offender that are needed for transition services;
35.12 (ii) contact the county human services department in the
35.13 community where the offender expects to reside following
35.14 discharge, and inform the department of the offender's impending
35.15 discharge and the planned date of the offender's return to the
35.16 community; determine whether the county or a designated
35.17 contracted provider will provide case management services to the
35.18 offender; refer the offender to the case management services
35.19 provider; and confirm that the case management services provider
35.20 will have opened the offender's case prior to the offender's
35.21 discharge; and
35.22 (iii) refer the offender to appropriate staff in the county
35.23 human services department in the community where the offender
35.24 expects to reside following discharge, for enrollment of the
35.25 offender if eligible in medical assistance or general assistance
35.26 medical care, using special procedures established by process
35.27 and department of human services bulletin;
35.28 (3) at least 2-1/2 months before discharge, the offender's
35.29 designated agent shall secure timely appointments for the
35.30 offender with a psychiatrist no later than 30 days following
35.31 discharge, and with other program staff at a community mental
35.32 health provider that is able to serve former offenders with
35.33 serious and persistent mental illness;
35.34 (4) at least 30 days before discharge, the offender's
35.35 designated agent shall convene a predischarge assessment and
35.36 planning meeting of key staff from the programs in which the
36.1 offender has participated while in the correctional facility,
36.2 the offender, and the supervising agent, and the mental health
36.3 case management services provider assigned to the offender. At
36.4 the meeting, attendees shall provide background information and
36.5 continuing care recommendations for the offender, including
36.6 information on the offender's risk for relapse; current
36.7 medications, including dosage and frequency; therapy and
36.8 behavioral goals; diagnostic and assessment information,
36.9 including results of a chemical dependency evaluation;
36.10 confirmation of appointments with a psychiatrist and other
36.11 program staff in the community; a relapse prevention plan;
36.12 continuing care needs; needs for housing, employment, and
36.13 finance support and assistance; and recommendations for
36.14 successful community integration, including chemical dependency
36.15 treatment or support if chemical dependency is a risk factor.
36.16 Immediately following this meeting, the offender's designated
36.17 agent shall summarize this background information and continuing
36.18 care recommendations in a written report;
36.19 (5) immediately following the predischarge assessment and
36.20 planning meeting, the provider of mental health case management
36.21 services who will serve the offender following discharge shall
36.22 offer to make arrangements and referrals for housing, financial
36.23 support, benefits assistance, employment counseling, and other
36.24 services required in sections 245.461 to 245.486;
36.25 (6) at least ten days before the offender's first scheduled
36.26 postdischarge appointment with a mental health provider, the
36.27 offender's designated agent shall transfer the following records
36.28 to the offender's case management services provider and
36.29 psychiatrist: the predischarge assessment and planning report,
36.30 medical records, and pharmacy records. These records may be
36.31 transferred only if the offender provides informed consent for
36.32 their release;
36.33 (7) upon discharge, the offender's designated agent shall
36.34 ensure that the offender leaves the correctional facility with
36.35 at least a ten-day supply of all necessary medications; and
36.36 (8) upon discharge, the prescribing authority at the
37.1 offender's correctional facility shall telephone in
37.2 prescriptions for all necessary medications to a pharmacy in the
37.3 community where the offender plans to reside. The prescriptions
37.4 must provide at least a 30-day supply of all necessary
37.5 medications, and must be able to be refilled once for one
37.6 additional 30-day supply.
37.7 Sec. 10. Minnesota Statutes 2001 Supplement, section
37.8 260B.007, subdivision 16, is amended to read:
37.9 Subd. 16. [JUVENILE PETTY OFFENDER; JUVENILE PETTY
37.10 OFFENSE.] (a) "Juvenile petty offense" includes a juvenile
37.11 alcohol offense, a juvenile controlled substance offense, a
37.12 violation of section 609.685, or a violation of a local
37.13 ordinance, which by its terms prohibits conduct by a child under
37.14 the age of 18 years which would be lawful conduct if committed
37.15 by an adult. "Juvenile petty offense" also includes a habitual
37.16 truant, as defined in section 260C.007, subdivision 19, unless a
37.17 petition brought under chapter 260C states that an out-of-home
37.18 placement is sought for the child.
37.19 (b) Except as otherwise provided in paragraph (c),
37.20 "juvenile petty offense" also includes an offense that would be
37.21 a misdemeanor if committed by an adult.
37.22 (c) "Juvenile petty offense" does not include any of the
37.23 following:
37.24 (1) a misdemeanor-level violation of section 518B.01,
37.25 588.20, 609.224, 609.2242, 609.324, 609.563, 609.576, 609.66,
37.26 609.746, 609.748, 609.79, or 617.23;
37.27 (2) a major traffic offense or an adult court traffic
37.28 offense, as described in section 260B.225;
37.29 (3) a misdemeanor-level offense committed by a child whom
37.30 the juvenile court previously has found to have committed a
37.31 misdemeanor, gross misdemeanor, or felony offense; or
37.32 (4) a misdemeanor-level offense committed by a child whom
37.33 the juvenile court has found to have committed a
37.34 misdemeanor-level juvenile petty offense on two or more prior
37.35 occasions, unless the county attorney designates the child on
37.36 the petition as a juvenile petty offender notwithstanding this
38.1 prior record. As used in this clause, "misdemeanor-level
38.2 juvenile petty offense" includes a misdemeanor-level offense
38.3 that would have been a juvenile petty offense if it had been
38.4 committed on or after July 1, 1995.
38.5 (d) A child who commits a juvenile petty offense is a
38.6 "juvenile petty offender."
38.7 Sec. 11. Minnesota Statutes 2001 Supplement, section
38.8 260C.141, subdivision 3, is amended to read:
38.9 Subd. 3. [CHILD IN NEED OF PROTECTION OR SERVICES;
38.10 HABITUAL TRUANT.] (a) If there is a school attendance review
38.11 board or county attorney mediation program operating in the
38.12 child's school district, a petition alleging that a child is in
38.13 need of protection or services as a habitual truant under
38.14 section 260C.007, subdivision 6, clause (14), may not be filed
38.15 until the applicable procedures under section 260A.06 or 260A.07
38.16 have been followed.
38.17 (b) A petition alleging that a child is in need of
38.18 protection or services as a habitual truant under section
38.19 260C.007, subdivision 6, clause (14), must give notice that the
38.20 petitioner is seeking an out-of-home placement of the child. If
38.21 the petition does not state that an out-of-home placement is
38.22 sought for the child, the matter must proceed as a juvenile
38.23 petty offense action under chapter 260B.
38.24 Sec. 12. Minnesota Statutes 2000, section 260C.163,
38.25 subdivision 3, is amended to read:
38.26 Subd. 3. [APPOINTMENT OF COUNSEL.] (a) The child, parent,
38.27 guardian or custodian has the right to effective assistance of
38.28 counsel in connection with a proceeding in juvenile court.
38.29 (b) If they desire counsel but are unable to employ it, the
38.30 court shall appoint counsel to represent the child who is ten
38.31 years of age or older or the parents or guardian in any case in
38.32 which it feels that such an appointment is appropriate.
38.33 (c) Counsel for the child shall not also act as the child's
38.34 guardian ad litem.
38.35 (d) In any proceeding where the subject of a petition for a
38.36 child in need of protection or services is not represented by an
39.1 attorney, the court shall determine the child's preferences
39.2 regarding the proceedings, if the child is of suitable age to
39.3 express a preference.
39.4 (e) A child, parent, guardian, or custodian is not entitled
39.5 to counsel at public expense in a case involving a child alleged
39.6 to be in need of protection or services as a habitual truant
39.7 under section 260C.007, subdivision 6, clause (14), unless the
39.8 petition states that an out-of-home placement is sought for the
39.9 child.
39.10 Sec. 13. Minnesota Statutes 2000, section 611.17, is
39.11 amended to read:
39.12 611.17 [FINANCIAL INQUIRY; STATEMENTS; CO-PAYMENT.]
39.13 (a) Each judicial district must screen requests under
39.14 paragraph (b).
39.15 (b) Upon a request for the appointment of counsel, the
39.16 court shall make appropriate inquiry into the financial
39.17 circumstances of the applicant, who shall submit a financial
39.18 statement under oath or affirmation setting forth the
39.19 applicant's assets and liabilities, including the value of any
39.20 real property owned by the applicant, whether homestead or
39.21 otherwise, less the amount of any encumbrances on the real
39.22 property, the source or sources of income, and any other
39.23 information required by the court. The applicant shall be under
39.24 a continuing duty while represented by a public defender to
39.25 disclose any changes in the applicant's financial circumstances
39.26 that might be relevant to the applicant's eligibility for a
39.27 public defender. The state public defender shall furnish
39.28 appropriate forms for the financial statements. The forms must
39.29 contain conspicuous notice of the applicant's continuing duty to
39.30 disclose to the court changes in the applicant's financial
39.31 circumstances. The information contained in the statement shall
39.32 be confidential and for the exclusive use of the court and the
39.33 public defender appointed by the court to represent the
39.34 applicant except for any prosecution under section 609.48. A
39.35 refusal to execute the financial statement or produce financial
39.36 records constitutes a waiver of the right to the appointment of
40.1 a public defender.
40.2 (c) Upon disposition of the case, an individual who has
40.3 received public defender services shall pay to the court a $28
40.4 co-payment for representation provided by a public defender,
40.5 unless the co-payment is, or has been, waived by the court. The
40.6 co-payment shall be deposited in the state general fund. If a
40.7 term of probation is imposed as a part of an offender's
40.8 sentence, the co-payment required by this section must not be
40.9 made a condition of probation. The co-payment required by this
40.10 section is a civil obligation and must not be made a condition
40.11 of a criminal sentence.
40.12 Sec. 14. Laws 2001, First Special Session chapter 8,
40.13 article 11, section 14, is amended to read:
40.14 Sec. 14. [FELONY DWI STUDY.]
40.15 By January 15, 2004, and each year thereafter through
40.16 January 15, 2007, the commissioner of corrections must report to
40.17 the chairs and ranking minority members of the house and senate
40.18 committees having jurisdiction over criminal justice and
40.19 judiciary finance issues on the implementation and effects of
40.20 the felony level driving while impaired offense. The report
40.21 must include the following information on felony level driving
40.22 while impaired offenses:
40.23 (1) the number of persons convicted;
40.24 (2) the month and county of conviction;
40.25 (3) the offenders' ages and gender;
40.26 (4) the offenders' prior impaired driving histories and
40.27 prior criminal histories;
40.28 (5) the number of trials taken to verdict, separating out
40.29 cases tried to a judge versus cases tried to a jury, and the
40.30 number of convictions for each;
40.31 (3) (6) the number of offenders incarcerated locally and
40.32 the term of incarceration;
40.33 (4) (7) the number placed on probation and the length of
40.34 the probation;
40.35 (5) (8) the number for whom probation is revoked, the
40.36 reasons for revocation, and the consequences imposed;
41.1 (6) (9) the number given an executed prison sentence upon
41.2 conviction and the length of the sentence;
41.3 (7) (10) the number given an executed prison sentence upon
41.4 revocation of probation and the length of sentence;
41.5 (8) (11) the number who successfully complete treatment in
41.6 prison;
41.7 (9) (12) the number placed on intensive supervision
41.8 following release from incarceration;
41.9 (10) (13) the number who violate supervised release and the
41.10 consequences imposed; and
41.11 (11) (14) per diem costs, including treatment costs, for
41.12 offenders incarcerated under the felony sentence provisions; and
41.13 (15) any other information the commissioner deems relevant
41.14 to estimating future costs.
41.15 The commissioner of corrections shall share preliminary
41.16 information with the commissioner of administration for the
41.17 purpose of issuance of a request for proposals under section 6.
41.18 Sec. 15. [COLLABORATIVE CASE PLANNING FOR CERTAIN MENTALLY
41.19 ILL PERSONS UNDER CORRECTIONAL SUPERVISION; POLICIES AND
41.20 PRACTICES; REPORTS REQUIRED.]
41.21 Subdivision 1. [DEVELOPMENT OF POLICIES AND
41.22 PRACTICES.] Correctional and social services agencies in each
41.23 county that delivers direct case management services shall
41.24 develop policies and practices that maximize collaborative case
41.25 planning for adult and juvenile offenders under correctional
41.26 supervision who have been diagnosed with serious and persistent
41.27 mental illness or severe emotional disturbance. To the degree
41.28 resources are available, the policies and practices must
41.29 determine how to:
41.30 (1) ensure that the offender receives the best possible
41.31 mental health case management expertise;
41.32 (2) determine which case management model best delivers
41.33 case management services;
41.34 (3) maximize the efficiency of case management services;
41.35 and
41.36 (4) maximize the recoupment of federal financial
42.1 participation of medical assistance and other forms of funding.
42.2 Subd. 2. [REPORTS REQUIRED.] By December 31, 2002, the
42.3 agencies described in subdivision 1 shall submit a report on
42.4 their mental health correctional policies and practices to the
42.5 department of corrections. By March 1, 2003, the commissioner
42.6 of corrections shall submit a statewide report on the mental
42.7 health correctional policies and practices to the chairs and
42.8 ranking minority members of the senate and house of
42.9 representatives committees and divisions with jurisdiction over
42.10 mental health and corrections policy and funding.
42.11 Sec. 16. [DATA SHARING ON CERTAIN MENTALLY ILL PERSONS
42.12 UNDER CORRECTIONAL SUPERVISION.]
42.13 Notwithstanding any other law to the contrary, correctional
42.14 and social services agencies may share data on adult and
42.15 juvenile offenders under correctional supervision who have been
42.16 diagnosed with serious and persistent mental illness or severe
42.17 emotional disturbance for the purpose of engaging in
42.18 collaborative case planning as described in section 15.
42.19 ARTICLE 7
42.20 PUBLIC SAFETY AND TRANSPORTATION AND
42.21 OTHER AGENCY APPROPRIATIONS
42.22 Section 1. [TRANSPORTATION AND OTHER AGENCY APPROPRIATIONS.]
42.23 The dollar amounts in the columns marked "APPROPRIATIONS"
42.24 are added to or, if shown in parentheses, are subtracted from
42.25 the appropriations in Laws 2001, First Special Session chapters
42.26 8, 9, or other law to the specified agencies. The
42.27 appropriations are from the general fund or any other named fund
42.28 and are available for the fiscal years indicated for each
42.29 purpose. The figure 2002 or 2003 means that the addition to or
42.30 subtraction from the appropriations listed under the figure are
42.31 for the fiscal year ending June 30, 2002, or June 30, 2003,
42.32 respectively. If only one figure is shown in the text for a
42.33 specified purpose, the addition or subtraction is for 2002
42.34 unless the context intends another fiscal year.
42.35 SUMMARY BY FUND
42.36 2002 2003 TOTAL
43.1 APPROPRIATIONS
43.2 General $ (2,018,000) $ (6,932,000) $ (8,950,000)
43.3 TRANSFERS IN (2,705,000) (1,996,000) (4,701,000)
43.4 Sec. 2. TRANSPORTATION
43.5 Subdivision 1. Total Appropriation
43.6 Changes -0- (510,000)
43.7 Subd. 2. Aeronautics -0- (50,000)
43.8 This reduction is from the
43.9 appropriation from the general fund for
43.10 air transportation services. This
43.11 reduction reduces the agency's budget
43.12 base by $50,000.
43.13 Subd. 3. Transit -0- (400,000)
43.14 This reduction is from the
43.15 appropriation from the general fund for
43.16 transit administration. This reduction
43.17 reduces the agency's budget base by
43.18 $400,000.
43.19 Subd. 4. Railroads and
43.20 Waterways -0- (60,000)
43.21 This reduction is from the
43.22 appropriation from the general fund and
43.23 reduces the agency's budget base by
43.24 $60,000.
43.25 Sec. 3. METROPOLITAN COUNCIL
43.26 Metropolitan Council
43.27 Transit -0- (2,715,000)
43.28 Of these reductions:
43.29 (1) $600,000 the second year is from
43.30 metro transit administration. This
43.31 reduction reduces the agency's budget
43.32 base by $600,000;
43.33 (2) $100,000 the second year is from
43.34 metropolitan transportation services
43.35 other than metro transit. This reduces
43.36 the agency's budget base by $100,000;
43.37 and
43.38 (3) $2,015,000 the second year is from
43.39 metropolitan council transit operations
43.40 other than metro mobility.
43.41 The council shall first seek to achieve
43.42 this reduction by:
43.43 (a) increasing operating revenue; or
43.44 (b) reducing operating expenses by
43.45 reducing or eliminating service on
43.46 routes with a fare box recovery of less
43.47 than ten percent, or reducing nonpeak
43.48 service.
43.49 This reduction reduces the agency's
43.50 budget base by $2,015,000.
44.1 Sec. 4. PUBLIC SAFETY
44.2 Subdivision 1. Total Appropriation
44.3 Changes (2,018,000) (3,296,000)
44.4 Subd. 2. Emergency Management -0- (200,000)
44.5 For emergency management, the base for
44.6 fiscal year 2004 shall be reduced by
44.7 $3,627,000 and for fiscal year 2005 by
44.8 $3,627,000.
44.9 Subd. 3. Fire Marshal -0- (84,000)
44.10 Subd. 4. Alcohol and Gambling
44.11 Enforcement -0- (84,000)
44.12 [BACKGROUND CHECK FEE.] The fee charged
44.13 by the alcohol and gambling division to
44.14 Indian tribal governments for
44.15 investigations and background checks
44.16 under Minnesota Statutes, section
44.17 3.9221, is increased from $8 to $15,
44.18 effective July 1, 2002.
44.19 [BACKGROUND CHECK FEE.] The fee charged
44.20 by the alcohol and gambling division to
44.21 manufacturers and distributors of
44.22 gambling devices for background checks
44.23 under Minnesota Statutes, section
44.24 299L.07, subdivision 5, is increased
44.25 from $8 to $15, effective July 1, 2002.
44.26 Subd. 5. Crime Victims
44.27 Services Center (384,000) (1,368,000)
44.28 [SHELTER PER DIEMS.] $600,000 the
44.29 second year is a reduction in per diem
44.30 funding for shelters. The base for the
44.31 crime victim services center shall be
44.32 reduced by $600,000 in fiscal year 2004
44.33 and $600,000 in fiscal year 2005 to
44.34 reflect reduced funding for shelters.
44.35 [CRIME VICTIMS SERVICES STAFF AND
44.36 GRANTS.] $384,000 the first year and
44.37 $768,000 the second year are reductions
44.38 for crime victims services staff and
44.39 grants. For crime victims services
44.40 grants, the base for fiscal year 2004
44.41 shall be reduced by $2,000,000 and for
44.42 fiscal year 2005 by $2,000,000.
44.43 Subd. 6. Law Enforcement
44.44 and Community Grants (1,634,000) (685,000)
44.45 [DRUG POLICY AND VIOLENCE PREVENTION
44.46 GRANTS.] $1,292,000 the first year and
44.47 $142,000 the second year are to reduce
44.48 drug policy and violence prevention
44.49 grants. The base for law enforcement
44.50 and community grants shall be reduced
44.51 by $243,000 in fiscal year 2004 and
44.52 $243,000 in fiscal year 2005 to reflect
44.53 reduced funding for drug policy and
44.54 violence prevention grants.
44.55 [MODEL POLICING; MENTAL ILLNESS CALLS.]
44.56 $150,000 the first year is to eliminate
44.57 the onetime appropriation for the model
44.58 policing program mental illness calls.
45.1 [CAMP RIPLEY WEEKEND CAMP.] $175,000
45.2 the second year is to eliminate the
45.3 Camp Ripley weekend camp.
45.4 [VIOLENCE PREVENTION COUNCIL.] $75,000
45.5 the first year and $75,000 the second
45.6 year are to eliminate grants to the
45.7 violence prevention council.
45.8 [GANG STRIKE FORCE.] $117,000 the first
45.9 year and $117,000 the second year are
45.10 to reduce the appropriation for gang
45.11 strike force grants. The base for this
45.12 program shall be $1,515,000 for the
45.13 fiscal year beginning July 1, 2003.
45.14 [STAFF SAVINGS.] $176,000 the second
45.15 year is to reduce staff. The base for
45.16 the office of drug policy and violence
45.17 prevention shall be reduced by $176,000
45.18 in fiscal year 2004 and $176,000 in
45.19 fiscal year 2005 to reflect decreased
45.20 funding for staff.
45.21 [AUTOMOBILE THEFT PREVENTION ACCOUNT.]
45.22 By June 30, 2002, the commissioner of
45.23 finance shall transfer the available
45.24 unencumbered balance from the
45.25 automobile theft prevention account in
45.26 the special revenue fund to the general
45.27 fund estimated to be $1,317,000.
45.28 Minnesota Statutes, section 168A.40,
45.29 subdivision 4, does not apply to money
45.30 transferred to the general fund under
45.31 this paragraph.
45.32 The commissioner may not reduce the
45.33 current allocation of federal Byrne
45.34 grant funds for the youth experiencing
45.35 alternatives (YEA)/Camp Ripley programs.
45.36 Subd. 7. State Patrol -
45.37 Capitol Security -0- (175,000)
45.38 This amount reduces the cost of
45.39 executive protection and reduces the
45.40 agency's budget base for executive
45.41 protection.
45.42 Subd. 8. Administration
45.43 and Related Services -0- (500,000)
45.44 This reduction is from the amount
45.45 appropriated from the general fund for
45.46 transfer by the commissioner of finance
45.47 to the trunk highway fund on December
45.48 31, 2002. This reduction reduces the
45.49 agency's budget base by $500,000.
45.50 Subd. 9. Driver and
45.51 Vehicle Services -0- (200,000)
45.52 The commissioner shall not achieve this
45.53 reduction by reducing the number of
45.54 driver license examining stations in
45.55 greater Minnesota below the number open
45.56 on April 1, 2002. This reduction
45.57 reduces the agency's budget base by
45.58 $200,000.
45.59 Sec. 5. CRIME VICTIM OMBUDSMAN -0- (411,000)
46.1 Sec. 6. Minnesota Statutes 2000, section 13.871,
46.2 subdivision 5, is amended to read:
46.3 Subd. 5. [CRIME VICTIMS.] (a) [CRIME VICTIM NOTICE OF
46.4 RELEASE.] Data on crime victims who request notice of an
46.5 offender's release are classified under section 611A.06.
46.6 (b) [SEX OFFENDER HIV TESTS.] Results of HIV tests of sex
46.7 offenders under section 611A.19, subdivision 2, are classified
46.8 under that section.
46.9 (c) [BATTERED WOMEN.] Data on battered women maintained by
46.10 grantees for emergency shelter and support services for battered
46.11 women are governed by section 611A.32, subdivision 5.
46.12 (d) [VICTIMS OF DOMESTIC ABUSE.] Data on battered women and
46.13 victims of domestic abuse maintained by grantees and recipients
46.14 of per diem payments for emergency shelter for battered women
46.15 and support services for battered women and victims of domestic
46.16 abuse are governed by sections 611A.32, subdivision 5, and
46.17 611A.371, subdivision 3.
46.18 (e) [CRIME VICTIM CLAIMS FOR REPARATIONS.] Claims and
46.19 supporting documents filed by crime victims seeking reparations
46.20 are classified under section 611A.57, subdivision 6.
46.21 (f) [CRIME VICTIM OMBUDSMAN OVERSIGHT ACT.] Data
46.22 maintained by the crime victim ombudsman commissioner of public
46.23 safety under the Crime Victim Oversight Act are classified under
46.24 section 611A.74, subdivision 2.
46.25 Sec. 7. Minnesota Statutes 2001 Supplement, section
46.26 16A.88, subdivision 1, is amended to read:
46.27 Subdivision 1. [GREATER MINNESOTA TRANSIT FUND.] The
46.28 greater Minnesota transit fund is established within the state
46.29 treasury. Money in the fund is annually appropriated to the
46.30 commissioner of transportation for assistance to transit systems
46.31 outside the metropolitan area under section 174.24. Beginning
46.32 in fiscal year 2003, the commissioner may use up to $400,000
46.33 each year for administration of the transit program.
46.34 Sec. 8. Minnesota Statutes 2000, section 135A.15,
46.35 subdivision 1, is amended to read:
46.36 Subdivision 1. [POLICY REQUIRED.] The board of trustees of
47.1 the Minnesota state colleges and universities shall, and the
47.2 University of Minnesota is requested to, adopt a clear,
47.3 understandable written policy on sexual harassment and sexual
47.4 violence that informs victims of their rights under the crime
47.5 victims bill of rights, including the right to assistance from
47.6 the crime victims reparations board and the office of the crime
47.7 victim ombudsman commissioner of public safety. The policy must
47.8 apply to students and employees and must provide information
47.9 about their rights and duties. The policy must apply to
47.10 criminal incidents occurring on property owned by the
47.11 post-secondary system or institution in which the victim is a
47.12 student or employee of that system or institution. It must
47.13 include procedures for reporting incidents of sexual harassment
47.14 or sexual violence and for disciplinary actions against
47.15 violators. During student registration, each technical college,
47.16 community college, or state university shall, and the University
47.17 of Minnesota is requested to, provide each student with
47.18 information regarding its policy. A copy of the policy also
47.19 shall be posted at appropriate locations on campus at all
47.20 times. Each private post-secondary institution that is an
47.21 eligible institution as defined in section 136A.101, subdivision
47.22 4, must adopt a policy that meets the requirements of this
47.23 section.
47.24 Sec. 9. Minnesota Statutes 2000, section 168A.40,
47.25 subdivision 4, is amended to read:
47.26 Subd. 4. [AUTOMOBILE THEFT PREVENTION ACCOUNT.] A special
47.27 revenue account is created in the state treasury to be credited
47.28 with the proceeds of the surcharge imposed under subdivision 3.
47.29 Of the revenue in the account, $1,300,000 each year must be
47.30 transferred to the general fund. Revenues in excess of
47.31 $1,300,000 each year may be used only for the automobile theft
47.32 prevention program described in section 299A.75.
47.33 Sec. 10. Minnesota Statutes 2001 Supplement, section
47.34 171.29, subdivision 2, is amended to read:
47.35 Subd. 2. [REINSTATEMENT FEES AND SURCHARGES, ALLOCATION.]
47.36 (a) A person whose driver's license has been revoked as provided
48.1 in subdivision 1, except under section 169A.52, 169A.54, or
48.2 609.21, shall pay a $30 fee before the driver's license is
48.3 reinstated.
48.4 (b) A person whose driver's license has been revoked as
48.5 provided in subdivision 1 under section 169A.52, 169A.54, or
48.6 609.21, shall pay a $250 fee plus a $40 surcharge before the
48.7 driver's license is reinstated. Beginning July 1, 2002, the
48.8 surcharge is $145. Beginning July 1, 2003, the surcharge is
48.9 $380. The $250 fee is to be credited as follows:
48.10 (1) Twenty percent must be credited to the trunk highway
48.11 fund.
48.12 (2) Fifty-five Sixty-seven percent must be credited to the
48.13 general fund.
48.14 (3) Eight percent must be credited to a separate account to
48.15 be known as the bureau of criminal apprehension account. Money
48.16 in this account may be appropriated to the commissioner of
48.17 public safety and the appropriated amount must be apportioned 80
48.18 percent for laboratory costs and 20 percent for carrying out the
48.19 provisions of section 299C.065.
48.20 (4) Twelve percent must be credited to a separate account
48.21 to be known as the alcohol-impaired driver education account.
48.22 Money in the account is appropriated as follows:
48.23 (i) in fiscal year 2002:
48.24 (A) the first $200,000 to the commissioner of children,
48.25 families, and learning for programs for elementary and secondary
48.26 school students; and
48.27 (B) the remainder credited to the commissioner of public
48.28 safety to be spent as grants through March 31, 2002, to the
48.29 Minnesota highway safety center at St. Cloud State University
48.30 for programs relating to alcohol and highway safety education in
48.31 elementary and secondary schools and then from April 1, 2002,
48.32 through June 30, 2002, for programs described in item (ii); and
48.33 (ii) after June 30, 2002, to the commissioner of public
48.34 safety for grants for programs relating to alcohol and highway
48.35 safety education in elementary and secondary schools.
48.36 (5) Five percent must be credited to a separate account to
49.1 be known as the traumatic brain injury and spinal cord injury
49.2 account. The money in the account is annually appropriated to
49.3 the commissioner of health to be used as follows: 35 percent
49.4 for a contract with a qualified community-based organization to
49.5 provide information, resources, and support to assist persons
49.6 with traumatic brain injury and their families to access
49.7 services, and 65 percent to maintain the traumatic brain injury
49.8 and spinal cord injury registry created in section 144.662. For
49.9 the purposes of this clause, a "qualified community-based
49.10 organization" is a private, not-for-profit organization of
49.11 consumers of traumatic brain injury services and their family
49.12 members. The organization must be registered with the United
49.13 States Internal Revenue Service under section 501(c)(3) as a
49.14 tax-exempt organization and must have as its purposes:
49.15 (i) the promotion of public, family, survivor, and
49.16 professional awareness of the incidence and consequences of
49.17 traumatic brain injury;
49.18 (ii) the provision of a network of support for persons with
49.19 traumatic brain injury, their families, and friends;
49.20 (iii) the development and support of programs and services
49.21 to prevent traumatic brain injury;
49.22 (iv) the establishment of education programs for persons
49.23 with traumatic brain injury; and
49.24 (v) the empowerment of persons with traumatic brain injury
49.25 through participation in its governance.
49.26 No patient's name, identifying information or identifiable
49.27 medical data will be disclosed to the organization without the
49.28 informed voluntary written consent of the patient or patient's
49.29 guardian, or if the patient is a minor, of the parent or
49.30 guardian of the patient.
49.31 (c) The surcharge must be credited to a separate account to
49.32 be known as the remote electronic alcohol monitoring program
49.33 account. The commissioner shall transfer the balance of this
49.34 account to the commissioner of finance on a monthly basis for
49.35 deposit in the general fund.
49.36 (d) When these fees are collected by a licensing agent,
50.1 appointed under section 171.061, a handling charge is imposed in
50.2 the amount specified under section 171.061, subdivision 4. The
50.3 reinstatement fees and surcharge must be deposited in an
50.4 approved state depository as directed under section 171.061,
50.5 subdivision 4.
50.6 Sec. 11. Minnesota Statutes 2001 Supplement, section
50.7 256.022, subdivision 1, is amended to read:
50.8 Subdivision 1. [CREATION.] The commissioner of human
50.9 services shall establish a review panel for purposes of
50.10 reviewing investigating agency determinations regarding
50.11 maltreatment of a child in a facility in response to requests
50.12 received under section 626.556, subdivision 10i, paragraph (b).
50.13 The review panel consists of the commissioners of health; human
50.14 services; children, families, and learning; public safety; and
50.15 corrections; the ombudsman for crime victims; and the ombudsman
50.16 for mental health and mental retardation; or their designees.
50.17 Sec. 12. Minnesota Statutes 2001 Supplement, section
50.18 299A.75, subdivision 1, is amended to read:
50.19 Subdivision 1. [PROGRAM DESCRIBED; COMMISSIONER'S DUTIES.]
50.20 (a) The commissioner of public safety shall:
50.21 (1) develop and sponsor the implementation of statewide
50.22 plans, programs, and strategies to combat automobile theft,
50.23 improve the administration of the automobile theft laws, and
50.24 provide a forum for identification of critical problems for
50.25 those persons dealing with automobile theft;
50.26 (2) coordinate the development, adoption, and
50.27 implementation of plans, programs, and strategies relating to
50.28 interagency and intergovernmental cooperation with respect to
50.29 automobile theft enforcement;
50.30 (3) annually audit the plans and programs that have been
50.31 funded in whole or in part to evaluate the effectiveness of the
50.32 plans and programs and withdraw funding should the commissioner
50.33 determine that a plan or program is ineffective or is no longer
50.34 in need of further financial support from the fund;
50.35 (4) develop a plan of operation including:
50.36 (i) an assessment of the scope of the problem of automobile
51.1 theft, including areas of the state where the problem is
51.2 greatest;
51.3 (ii) an analysis of various methods of combating the
51.4 problem of automobile theft;
51.5 (iii) a plan for providing financial support to combat
51.6 automobile theft;
51.7 (iv) a plan for eliminating car hijacking; and
51.8 (v) an estimate of the funds required to implement the
51.9 plan; and
51.10 (5) distribute money pursuant to subdivision 3 from the
51.11 automobile theft prevention special revenue account for
51.12 automobile theft prevention activities, including:
51.13 (i) paying the administrative costs of the program;
51.14 (ii) providing financial support to the state patrol and
51.15 local law enforcement agencies for automobile theft enforcement
51.16 teams;
51.17 (iii) providing financial support to state or local law
51.18 enforcement agencies for programs designed to reduce the
51.19 incidence of automobile theft and for improved equipment and
51.20 techniques for responding to automobile thefts;
51.21 (iv) providing financial support to local prosecutors for
51.22 programs designed to reduce the incidence of automobile theft;
51.23 (v) providing financial support to judicial agencies for
51.24 programs designed to reduce the incidence of automobile theft;
51.25 (vi) providing financial support for neighborhood or
51.26 community organizations or business organizations for programs
51.27 designed to reduce the incidence of automobile theft and to
51.28 educate people about the common methods of automobile theft, the
51.29 models of automobiles most likely to be stolen, and the times
51.30 and places automobile theft is most likely to occur; and
51.31 (vii) providing financial support for automobile theft
51.32 educational and training programs for state and local law
51.33 enforcement officials, driver and vehicle services exam and
51.34 inspections staff, and members of the judiciary.
51.35 (b) The commissioner may not spend in any fiscal year more
51.36 than ten percent of the money in the fund for the program's
52.1 administrative and operating costs. The commissioner is
52.2 annually appropriated and must distribute the full amount of the
52.3 proceeds credited to the automobile theft prevention special
52.4 revenue account each year, less the transfer of $1,300,000 each
52.5 year to the general fund described in section 168A.40,
52.6 subdivision 4.
52.7 Sec. 13. Minnesota Statutes 2000, section 299F.011, is
52.8 amended by adding a subdivision to read:
52.9 Subd. 7. [FEES.] A fee of $100 shall be charged by the
52.10 state fire marshal for each plan review involving:
52.11 (1) flammable liquids under Minnesota Rules, part
52.12 7510.3650;
52.13 (2) motor vehicle fuel-dispensing stations under Minnesota
52.14 Rules, part 7510.3610; or
52.15 (3) liquefied petroleum gases under Minnesota Rules, part
52.16 7510.3670.
52.17 Sec. 14. Minnesota Statutes 2000, section 299L.02,
52.18 subdivision 7, is amended to read:
52.19 Subd. 7. [REVOLVING ACCOUNT.] The director shall deposit
52.20 in a separate account in the state treasury all money received
52.21 from Indian tribal governments for charges for investigations
52.22 and background checks under compacts negotiated under section
52.23 3.9221, except for $7 from each charge that shall be deposited
52.24 in the general fund. Money in the account is appropriated to
52.25 the director for the purpose of carrying out the director's
52.26 powers and duties under those compacts.
52.27 Sec. 15. Minnesota Statutes 2000, section 299L.07,
52.28 subdivision 5, is amended to read:
52.29 Subd. 5. [INVESTIGATION.] Before a license under this
52.30 section is granted, the director may conduct a background and
52.31 financial investigation of the applicant, including the
52.32 applicant's sources of financing. The director may, or shall
52.33 when required by law, require that fingerprints be taken and the
52.34 director may forward the fingerprints to the Federal Bureau of
52.35 Investigation for a national criminal history check. The
52.36 director may charge an investigation fee to cover the cost of
53.1 the investigation. Of this fee, $7 from each charge shall be
53.2 deposited in the general fund.
53.3 Sec. 16. Minnesota Statutes 2000, section 611A.371,
53.4 subdivision 1, is amended to read:
53.5 Subdivision 1. [PURPOSE.] The purpose of the per diem
53.6 grant program is to provide reimbursement in a timely, efficient
53.7 manner to local programs for the reasonable and necessary costs
53.8 of providing battered women and their children with food,
53.9 lodging, and safety. Per diem Grant funding may not be used for
53.10 other purposes.
53.11 Sec. 17. Minnesota Statutes 2001 Supplement, section
53.12 611A.372, is amended to read:
53.13 611A.372 [DUTIES OF DIRECTOR.]
53.14 In addition to any other duties imposed by law, the
53.15 director, with the approval of the commissioner of public
53.16 safety, shall:
53.17 (1) supervise the administration of per diem grant payments
53.18 to designated shelter facilities;
53.19 (2) collect data on shelter facilities;
53.20 (3) conduct an annual evaluation of the per diem grant
53.21 program;
53.22 (4) report to the governor and the legislature on the need
53.23 for emergency secure shelter;
53.24 (5) develop an application process for shelter facilities
53.25 to follow in seeking reimbursement under the per diem grant
53.26 program; and
53.27 (6) adopt rules to implement and administer sections
53.28 611A.37 to 611A.375.
53.29 Sec. 18. Minnesota Statutes 2000, section 611A.373, is
53.30 amended to read:
53.31 611A.373 [PAYMENTS.]
53.32 Subdivision 1. [PAYMENT REQUESTS.] Payments to designated
53.33 shelter facilities must be in the form of a grant. Designated
53.34 shelter facilities may submit requests for payment monthly based
53.35 on the number of persons housed their expenses. The process for
53.36 the submission of payments and for the submission of requests
54.1 may be established by the director. Upon approval of the
54.2 request for payment by the center, payments shall be made
54.3 directly to designated shelter facilities from per diem grant
54.4 funds on behalf of women and their children who reside in the
54.5 shelter facility. Payments made to a designated shelter
54.6 facility must not exceed the annual reserve grant amount for
54.7 that facility unless approved by the director. These payments
54.8 must not affect the eligibility of individuals who reside in
54.9 shelter facilities for public assistance benefits, except when
54.10 required by federal law or regulation.
54.11 Subd. 2. [RESERVE GRANT AMOUNT.] The center shall
54.12 calculate annually the reserve the grant amount for each
54.13 designated shelter facility. This calculation may be based upon
54.14 program type, average occupancy rates, and licensed capacity
54.15 limits. The total of all reserve grant amounts shall not exceed
54.16 the legislative per diem appropriation.
54.17 Subd. 3. [ACCOUNTABILITY.] Shelter facilities must comply
54.18 with reporting requirements and any other measures imposed by
54.19 the Minnesota center for crime victim services to improve
54.20 accountability and program outcomes including, but not limited
54.21 to, information on all restricted or unrestricted fund balances.
54.22 Sec. 19. Minnesota Statutes 2000, section 611A.72, is
54.23 amended to read:
54.24 611A.72 [CITATION.]
54.25 Sections 611A.72 to 611A.74 may be cited as the "Crime
54.26 Victim Ombudsman Oversight Act."
54.27 Sec. 20. Minnesota Statutes 2000, section 611A.73,
54.28 subdivision 2, is amended to read:
54.29 Subd. 2. [APPROPRIATE AUTHORITY.] "Appropriate authority"
54.30 includes anyone who is the subject of a complaint under sections
54.31 611A.72 to 611A.74 to the crime victim ombudsman commissioner or
54.32 anyone within the agency who is in a supervisory position with
54.33 regard to one who is the subject of a complaint under sections
54.34 611A.72 to 611A.74.
54.35 Sec. 21. Minnesota Statutes 2000, section 611A.73, is
54.36 amended by adding a subdivision to read:
55.1 Subd. 6. [COMMISSIONER.] "Commissioner" means the
55.2 commissioner of public safety.
55.3 Sec. 22. Minnesota Statutes 2001 Supplement, section
55.4 611A.74, subdivision 1, is amended to read:
55.5 Subdivision 1. [CREATION AUTHORITY UNDER THIS ACT.] The
55.6 office of crime victim ombudsman for Minnesota is created. The
55.7 ombudsman shall be appointed by the governor, shall serve in the
55.8 unclassified service at the pleasure of the governor, and shall
55.9 be selected without regard to political affiliation. No person
55.10 may serve as ombudsman while holding any other public office.
55.11 The ombudsman is directly accountable to the governor and must
55.12 periodically report to the commissioner of public safety on the
55.13 operations and activities of the office. The ombudsman
55.14 commissioner shall have the authority under sections 611A.72 to
55.15 611A.74 to investigate decisions, acts, and other matters of the
55.16 criminal justice system so as to promote the highest attainable
55.17 standards of competence, efficiency, and justice for crime
55.18 victims in the criminal justice system.
55.19 Sec. 23. Minnesota Statutes 2000, section 611A.74,
55.20 subdivision 2, is amended to read:
55.21 Subd. 2. [DUTIES.] The crime victim ombudsman commissioner
55.22 may investigate complaints concerning possible violation of the
55.23 rights of crime victims or witnesses provided under this
55.24 chapter, the delivery of victim services by victim assistance
55.25 programs, the administration of the crime victims reparations
55.26 act, and other complaints of mistreatment by elements of the
55.27 criminal justice system or victim assistance programs. The
55.28 ombudsman commissioner shall act as a liaison, when the
55.29 ombudsman commissioner deems necessary, between agencies, either
55.30 in the criminal justice system or in victim assistance programs,
55.31 and victims and witnesses. The ombudsman commissioner may be
55.32 concerned with activities that strengthen procedures and
55.33 practices which lessen the risk that objectionable
55.34 administrative acts will occur. The ombudsman commissioner must
55.35 be made available through the use of a toll free telephone
55.36 number and shall answer questions concerning the criminal
56.1 justice system and victim services put to the ombudsman
56.2 commissioner by victims and witnesses in accordance with
56.3 the ombudsman's commissioner's knowledge of the facts or law,
56.4 unless the information is otherwise restricted. The ombudsman
56.5 commissioner shall establish a procedure for referral to the
56.6 crime victim crisis centers, the crime victims reparations
56.7 board, and other victim assistance programs when services are
56.8 requested by crime victims or deemed necessary by the ombudsman
56.9 commissioner.
56.10 The ombudsman's commissioner's files are confidential data
56.11 as defined in section 13.02, subdivision 3, during the course of
56.12 an investigation or while the files are active. Upon completion
56.13 of the investigation or when the files are placed on inactive
56.14 status, they are private data on individuals as defined in
56.15 section 13.02, subdivision 12.
56.16 Sec. 24. Minnesota Statutes 2000, section 611A.74,
56.17 subdivision 3, is amended to read:
56.18 Subd. 3. [POWERS.] The crime victim ombudsman commissioner
56.19 has those powers necessary to carry out the duties set out in
56.20 subdivision 2, including:
56.21 (a) The ombudsman commissioner may investigate, with or
56.22 without a complaint, any action of an element of the criminal
56.23 justice system or a victim assistance program included in
56.24 subdivision 2.
56.25 (b) The ombudsman commissioner may request and shall be
56.26 given access to information and assistance the ombudsman
56.27 commissioner considers necessary for the discharge of
56.28 responsibilities. The ombudsman commissioner may inspect,
56.29 examine, and be provided copies of records and documents of all
56.30 elements of the criminal justice system and victim assistance
56.31 programs. The ombudsman commissioner may request and shall be
56.32 given access to police reports pertaining to juveniles and
56.33 juvenile delinquency petitions, notwithstanding section 260B.171
56.34 or 260C.171. Any information received by the ombudsman
56.35 commissioner retains its data classification under chapter 13
56.36 while in the ombudsman's commissioner's possession. Juvenile
57.1 records obtained under this subdivision may not be released to
57.2 any person.
57.3 (c) The ombudsman commissioner may prescribe the methods by
57.4 which complaints are to be made, received, and acted upon; may
57.5 determine the scope and manner of investigations to be made; and
57.6 subject to the requirements of sections 611A.72 to 611A.74, may
57.7 determine the form, frequency, and distribution of ombudsman
57.8 commissioner conclusions, recommendations, and proposals.
57.9 (d) After completing investigation of a complaint, the
57.10 ombudsman commissioner shall inform in writing the complainant,
57.11 the investigated person or entity, and other appropriate
57.12 authorities of the action taken. If the complaint involved the
57.13 conduct of an element of the criminal justice system in relation
57.14 to a criminal or civil proceeding, the ombudsman's
57.15 commissioner's findings shall be forwarded to the court in which
57.16 the proceeding occurred.
57.17 (e) Before announcing a conclusion or recommendation that
57.18 expressly or impliedly criticizes an administrative agency or
57.19 any person, the ombudsman commissioner shall consult with that
57.20 agency or person.
57.21 Sec. 25. Minnesota Statutes 2000, section 611A.74,
57.22 subdivision 4, is amended to read:
57.23 Subd. 4. [NO COMPELLED TESTIMONY.] Neither the
57.24 ombudsman commissioner nor any member of the ombudsman's
57.25 commissioner's staff may be compelled to testify or produce
57.26 evidence in any judicial or administrative proceeding with
57.27 respect to matters involving the exercise of official
57.28 duties under sections 611A.72 to 611A.74 except as may be
57.29 necessary to enforce the provisions of this section.
57.30 Sec. 26. Minnesota Statutes 2000, section 611A.74,
57.31 subdivision 5, is amended to read:
57.32 Subd. 5. [RECOMMENDATIONS.] (a) On finding a complaint
57.33 valid after duly considering the complaint and whatever material
57.34 the ombudsman commissioner deems pertinent, the ombudsman
57.35 commissioner may recommend action to the appropriate authority.
57.36 (b) If the ombudsman commissioner makes a recommendation to
58.1 an appropriate authority for action, the authority shall, within
58.2 a reasonable time period, but not more than 30 days, inform the
58.3 ombudsman commissioner about the action taken or the reasons for
58.4 not complying with the recommendation.
58.5 (c) The ombudsman commissioner may publish conclusions and
58.6 suggestions by transmitting them to the governor, the
58.7 legislature or any of its committees, the press, and others who
58.8 may be concerned. When publishing an opinion adverse to an
58.9 administrative agency, the ombudsman commissioner shall include
58.10 any statement the administrative agency may have made to
58.11 the ombudsman commissioner by way of explaining its past
58.12 difficulties or its present rejection of the ombudsman's
58.13 commissioner's proposals.
58.14 Sec. 27. Minnesota Statutes 2000, section 611A.74,
58.15 subdivision 6, is amended to read:
58.16 Subd. 6. [REPORTS.] In addition to whatever reports
58.17 the ombudsman commissioner may make from time to time, the
58.18 ombudsman commissioner shall biennially report to the
58.19 legislature and to the governor concerning the exercise
58.20 of ombudsman the commissioner's functions under sections 611A.72
58.21 to 611A.74 during the preceding biennium. The biennial report
58.22 is due on or before the beginning of the legislative session
58.23 following the end of the biennium.
58.24 Sec. 28. Laws 2001, First Special Session chapter 8,
58.25 article 4, section 10, subdivision 1, is amended to read:
58.26 Subdivision 1. Total
58.27 Appropriation 88,001,000 84,299,000
58.28 87,851,000 84,149,000
58.29 Summary by Fund
58.30 2002 2003
58.31 General 84,919,000 81,195,000
58.32 84,769,000 81,045,000
58.33 Special Revenue 2,674,000 2,687,000
58.34 State Government
58.35 Special Revenue 7,000 7,000
58.36 Environmental 47,000 49,000
58.37 Trunk Highway 354,000 361,000
59.1 [APPROPRIATIONS FOR PROGRAMS.] The
59.2 amounts that may be spent from this
59.3 appropriation for each program are
59.4 specified in the following subdivisions.
59.5 [DWI PENALTY FUNDS.] The commissioners
59.6 of public safety and transportation
59.7 must jointly report annually to the
59.8 chairs and ranking minority members of
59.9 the house of representatives and senate
59.10 committees having jurisdiction over
59.11 transportation and public safety
59.12 finance issues on the expenditure of
59.13 any federal funds available under the
59.14 repeat offender transfer program,
59.15 Public Law Number 105-206, section 164.
59.16 Sec. 29. Laws 2001, First Special Session chapter 8,
59.17 article 4, section 10, subdivision 7, is amended to read:
59.18 Subd. 7. Law Enforcement
59.19 and Community Grants
59.20 Summary by Fund
59.21 General 6,942,000 6,136,000
59.22 6,792,000 5,986,000
59.23 Special Revenue 2,130,000 2,130,000
59.24 [UNENCUMBERED BALANCES.] Any
59.25 unencumbered balances remaining in the
59.26 first year do not cancel but are
59.27 available for the second year.
59.28 [ENCUMBERED BALANCES.] Notwithstanding
59.29 Minnesota Statutes, section 16A.28,
59.30 appropriations encumbered under
59.31 contract on or before June 30 each year
59.32 are available until the following June
59.33 30.
59.34 [SPECIAL REVENUE; RACIAL PROFILING.]
59.35 The appropriation from the special
59.36 revenue account must be spent according
59.37 to article 7, section 14.
59.38 [FUNDING TO COMBAT METHAMPHETAMINE
59.39 TRAFFICKING AND PRODUCTION.] $471,000
59.40 the first year is a onetime
59.41 appropriation for grants under
59.42 Minnesota Statutes, section 299C.065,
59.43 subdivision 1, clause (1), including
59.44 grants to the bureau of criminal
59.45 apprehension for increased law
59.46 enforcement costs relating to
59.47 methamphetamine trafficking and
59.48 production. Grant recipients must be
59.49 chosen by the office of drug policy and
59.50 violence prevention after consulting
59.51 with the narcotics enforcement
59.52 coordinating committee. Grants to drug
59.53 task force agencies must be allocated
59.54 in a balanced manner among rural,
59.55 suburban, and urban agencies. Grants
59.56 may be awarded and used for the
59.57 following items relating to clandestine
59.58 methamphetamine labs:
60.1 (1) increased general law enforcement
60.2 costs;
60.3 (2) training materials and public
60.4 awareness publications;
60.5 (3) peace officer training courses,
60.6 certification, and equipment; and
60.7 (4) reimbursements to law enforcement
60.8 agencies for extraordinary or unusual
60.9 overtime and investigative expenses.
60.10 Grants must not be used for
60.11 methamphetamine lab site cleanup or
60.12 disposal of seized equipment or
60.13 chemicals. Additionally, grants must
60.14 not supplant current local spending or
60.15 other state or federal grants allocated
60.16 by the commissioner for similar
60.17 purposes.
60.18 [GANG STRIKE FORCE GRANTS.] $750,000
60.19 the first year and $750,000 the second
60.20 year are onetime appropriations for
60.21 criminal gang strike force grants under
60.22 Minnesota Statutes, section 299A.66.
60.23 The commissioner of public safety must
60.24 provide direct administrative and
60.25 fiscal oversight for all grants awarded
60.26 under Minnesota Statutes, section
60.27 299A.66.
60.28 [USE OF BYRNE GRANTS.] The commissioner
60.29 must consider using a portion of
60.30 federal Byrne grant funds for grants to:
60.31 (1) the center for reducing rural
60.32 violence;
60.33 (2) organizations or agencies that
60.34 provide gang prevention services, such
60.35 as the boys and girls club, the youth
60.36 experiencing alternatives (YEA)
60.37 program, the police athletic league,
60.38 agencies eligible for Asian-American
60.39 juvenile crime intervention and
60.40 prevention grants under Minnesota
60.41 Statutes, section 299A.2994,
60.42 subdivision 3, clause (2), or other
60.43 similar organizations; and
60.44 (3) continue funding the pilot project
60.45 to provide neighborhood-based services
60.46 to crime victims and witnesses funded
60.47 in Laws 1999, chapter 216, article 1,
60.48 section 8, subdivision 3, and described
60.49 in Laws 1999, chapter 216, article 2,
60.50 section 23.
60.51 [JOINT DOMESTIC ABUSE PROSECUTION
60.52 UNIT.] $197,000 the first year is a
60.53 onetime appropriation for a grant to
60.54 the Ramsey county attorney's office to
60.55 continue funding the joint domestic
60.56 abuse prosecution unit. This
60.57 appropriation is available until June
60.58 30, 2003.
60.59 The Ramsey county attorney's office and
60.60 the St. Paul city attorney's office
61.1 shall continue the joint domestic abuse
61.2 prosecution unit pilot project
61.3 established by the legislature under
61.4 Laws 2000, chapters 471, section 3; and
61.5 488, article 6, section 10. The
61.6 appropriation must be used to continue
61.7 the pilot project beyond its first year
61.8 of operation and allow a meaningful
61.9 evaluation that will benefit other
61.10 jurisdictions in Minnesota. The unit
61.11 has authority to prosecute
61.12 misdemeanors, gross misdemeanors, and
61.13 felonies. The unit shall also
61.14 coordinate efforts with child
61.15 protection attorneys. The unit may
61.16 include four cross-deputized assistant
61.17 city attorneys and assistant county
61.18 attorneys and a police investigator. A
61.19 victim/witness advocate, a law clerk, a
61.20 paralegal, and a secretary may provide
61.21 support.
61.22 The goals of this pilot project are to:
61.23 (1) recognize children as both victims
61.24 and witnesses in domestic abuse
61.25 situations;
61.26 (2) recognize and respect the interests
61.27 of children in the prosecution of
61.28 domestic abuse; and
61.29 (3) reduce the exposure to domestic
61.30 violence for both adult and child
61.31 victims.
61.32 By January 15, 2002, the Ramsey county
61.33 attorney's office and the St. Paul city
61.34 attorney's office shall report to the
61.35 chairs and ranking minority members of
61.36 the senate and house of representatives
61.37 committees and divisions having
61.38 jurisdiction over criminal justice
61.39 policy and funding on the pilot
61.40 project. The report may include the
61.41 number and types of cases referred, the
61.42 number of cases charged, the outcome of
61.43 cases, and other relevant outcome
61.44 measures.
61.45 [COPS, HEAT, AND FINANCIAL CRIMES
61.46 INVESTIGATION UNIT GRANTS.] $250,000
61.47 the first year and $250,000 the second
61.48 year are onetime appropriations for
61.49 grants under either Minnesota Statutes,
61.50 section 299A.62 or 299A.68. Grants
61.51 awarded from this appropriation under
61.52 Minnesota Statutes, section 299A.62,
61.53 are for overtime for peace officers.
61.54 Of the total grants awarded from this
61.55 appropriation under Minnesota Statutes,
61.56 section 299A.62, 50 percent must go to
61.57 the St. Paul and Minneapolis police
61.58 departments and 50 percent must go to
61.59 other law enforcement agencies
61.60 statewide. Any amounts from this
61.61 appropriation awarded to the St. Paul
61.62 police department must be used to
61.63 increase the current degree of
61.64 implementation of the HEAT law
61.65 enforcement strategy. The HEAT law
62.1 enforcement strategy must be a
62.2 community-driven strategic initiative
62.3 that is used to target criminal conduct
62.4 in specific areas of St. Paul with
62.5 higher crime rates than the city
62.6 average. It must target offenders
62.7 based upon their criminal behavior and
62.8 not other factors and be planned and
62.9 implemented taking into consideration
62.10 the wishes of the targeted communities.
62.11 Grants awarded under Minnesota
62.12 Statutes, section 299A.68, may be used
62.13 to cover costs for salaries, equipment,
62.14 office space, and other necessary
62.15 services or expenses of a financial
62.16 crimes investigation task force. The
62.17 commissioner must distribute the grants
62.18 in a manner designed to be equitable to
62.19 the grantees given their contributions
62.20 to the investigation task force and to
62.21 encourage their continued participation.
62.22 Participating local units of government
62.23 must provide a 25 percent match from
62.24 nonstate funds or in-kind contributions
62.25 either directly from their budgets or
62.26 from businesses directly donating
62.27 support in order for the financial
62.28 crimes investigation task force to
62.29 obtain any grant funding under
62.30 Minnesota Statutes, section 299A.68.
62.31 This appropriation is available until
62.32 June 30, 2003.
62.33 [MODEL POLICING PROGRAM; MENTAL ILLNESS
62.34 CALLS.] $150,000 the first year is a
62.35 onetime appropriation for developing
62.36 and implementing up to four model
62.37 policing program pilot projects
62.38 required under Minnesota Statutes,
62.39 section 626.8441, subdivision 1, and to
62.40 produce required reports.
62.41 [AUTOMOBILE THEFT PREVENTION GRANTS.]
62.42 The commissioner may make grants under
62.43 Minnesota Statutes 2000, section
62.44 299A.75, to past grantees during the
62.45 time period before which the changes
62.46 made to that section in article 5,
62.47 sections 6 to 8, become operational.
62.48 [ADMINISTRATION COSTS.] Up to 2.5
62.49 percent of the grant funds appropriated
62.50 in this subdivision may be used to
62.51 administer the grant programs.
62.52 Sec. 30. Laws 2001, First Special Session chapter 8,
62.53 article 4, section 11, is amended to read:
62.54 Sec. 11. BOARD OF PEACE OFFICER
62.55 STANDARDS AND TRAINING 4,692,000 4,724,000
62.56 4,604,000 4,633,000
62.57 [PEACE OFFICER TRAINING ACCOUNT.] This
62.58 appropriation is from the peace officer
62.59 training account in the special revenue
62.60 fund. Any receipts credited to the
62.61 peace officer training account in the
62.62 special revenue fund in the first year
62.63 in excess of $4,692,000 $4,604,000 must
62.64 be transferred and credited to the
63.1 general fund. Any receipts credited to
63.2 the peace officer training account in
63.3 the special revenue fund in the second
63.4 year in excess of $4,724,000 $4,633,000
63.5 must be transferred and credited to the
63.6 general fund.
63.7 Sec. 31. [WORKING GROUP ON CRIMINAL JUSTICE SYSTEM
63.8 EFFICIENCY.]
63.9 (a) The commissioners of corrections and public safety
63.10 shall convene a working group of criminal justice professionals
63.11 to identify and study ways to make the state's criminal justice
63.12 system more efficient and effective at both the state and local
63.13 levels. The chief justice of the supreme court and state public
63.14 defender are requested to take part in this working group.
63.15 The working group may be divided into subworking groups if
63.16 doing so will assist in meeting the working group's objectives.
63.17 The working group and each subworking group shall seek input
63.18 from criminal justice practitioners and individuals working
63.19 throughout the criminal justice area. To the extent feasible
63.20 and practical, the working group shall incorporate bench marking
63.21 and best practices components in carrying out its work.
63.22 (b) The commissioners of corrections and public safety,
63.23 with the input of the chief justice of the supreme court and
63.24 state public defender, shall report to the chairs and ranking
63.25 minority members of the house and senate committees with
63.26 jurisdiction over criminal justice policy and funding on its
63.27 findings and recommendations by January 15, 2003.
63.28 Sec. 32. [FILE AND DATA TRANSFER.]
63.29 On June 30, 2002, the crime victim ombudsman shall deliver
63.30 to the commissioner of public safety all files, records, and
63.31 data under the authority or control of the ombudsman relating to
63.32 all of the activities and investigations of the office of the
63.33 crime victim ombudsman.
63.34 Sec. 33. [REPEALER.]
63.35 (a) Minnesota Statutes 2000, sections 611A.37, subdivisions
63.36 6 and 7; and 611A.375, are repealed.
63.37 (b) Minnesota Statutes 2000, section 611A.74, subdivision
63.38 1a, is repealed.
64.1 Sec. 34. [EFFECTIVE DATE.]
64.2 (a) Sections 1 to 5, 9, 12, and 30 are effective the day
64.3 following final enactment.
64.4 (b) Sections 16, 17, and 33, paragraph (a), are effective
64.5 July 1, 2003.
64.6 (c) The amendments to section 18, subdivisions 1 and 2, are
64.7 effective July 1, 2003. Section 18, subdivision 3, is effective
64.8 the day following final enactment.
64.9 ARTICLE 8
64.10 ENVIRONMENT AND NATURAL RESOURCES
64.11 Section 1. [ENVIRONMENT AND NATURAL RESOURCES APPROPRIATIONS
64.12 AND REDUCTIONS.]
64.13 The dollar amounts in the columns under "APPROPRIATIONS"
64.14 are added to or, if shown in parentheses, are subtracted from
64.15 the appropriations in Laws 2001, First Special Session chapter
64.16 2, or other law, to the specified agencies. The appropriations
64.17 are from the general fund or other named fund and are available
64.18 for the fiscal years indicated for each purpose. The figure
64.19 "2002" or "2003" means that the addition to or subtraction from
64.20 the appropriations listed under the figure are for the fiscal
64.21 year ending June 30, 2002, or June 30, 2003, respectively. The
64.22 term "the first year" means the year ending June 30, 2002, and
64.23 the term "the second year" means the year ending June 30, 2003.
64.24 SUMMARY BY FUND
64.25 2002 2003 TOTAL
64.26 APPROPRIATIONS
64.27 General $ ( 103,000)$ (12,797,000)$ (12,900,000)
64.28 Solid Waste 1,030,000 2,541,000 3,571,000
64.29 Environmental -0- 683,000 683,000
64.30 Natural Resources 800,000 850,000 1,650,000
64.31 Environment and Natural
64.32 Resources Trust Fund 158,000 158,000 316,000
64.33 TOTAL $ 1,885,000 $ (8,565,000)$ (6,680,000)
64.34 TRANSFERS IN $ -0- $ (1,300,000)$ (1,300,000)
64.35 APPROPRIATIONS
64.36 Available for the Year
64.37 Ending June 30
64.38 2002 2003
65.1 Sec. 2. POLLUTION CONTROL
65.2 AGENCY
65.3 Subdivision 1. Total
65.4 Appropriations $ 927,000 $ (1,437,000)
65.5 Summary by Fund
65.6 General (103,000) (3,161,000)
65.7 Solid Waste 1,030,000 1,041,000
65.8 Environmental -0- 683,000
65.9 The amounts reduced from the
65.10 appropriations in Laws 2001, First
65.11 Special Session chapter 2, section 2,
65.12 are specified in the following
65.13 subdivisions.
65.14 Subd. 2. Protection of the Water
65.15 1,300,000 (1,300,000)
65.16 Summary by Fund
65.17 General 1,300,000 (1,983,000)
65.18 Environmental -0- 683,000
65.19 The appropriation in Laws 2001, First
65.20 Special Session chapter 2, section 2,
65.21 subdivision 2, for the clean water
65.22 partnership program is $3,648,000 the
65.23 first year and $1,048,000 the second
65.24 year. The annual base level funding
65.25 for the clean water partnership program
65.26 is $2,348,000 beginning in fiscal year
65.27 2004.
65.28 The annual base level funding from the
65.29 general fund for protection of the
65.30 water is increased by $40,000 beginning
65.31 in fiscal year 2004.
65.32 Subd. 3. Protection of the Land
65.33 -0- -0-
65.34 Summary by Fund
65.35 General (1,030,000) (1,041,000)
65.36 Solid Waste 1,030,000 1,041,000
65.37 Subd. 4. Administrative Support
65.38 (373,000) (137,000)
65.39 Sec. 3. OFFICE OF
65.40 ENVIRONMENTAL ASSISTANCE -0- (549,000)
65.41 Summary by Fund
65.42 General -0- (2,049,000)
65.43 Solid Waste -0- 1,500,000
65.44 $1,401,000 the second year is a
65.45 reduction from the money appropriated
66.1 for SCORE block grants to counties in
66.2 Laws 2001, First Special Session
66.3 chapter 2, section 3.
66.4 $1,500,000 the second year is
66.5 appropriated from the solid waste fund
66.6 for mixed municipal solid waste
66.7 processing payments under Minnesota
66.8 Statutes, section 115A.545.
66.9 Sec. 4. ZOOLOGICAL BOARD -0- (383,000)
66.10 Sec. 5. NATURAL RESOURCES
66.11 Subdivision 1. Total
66.12 Appropriations 800,000 (4,535,000)
66.13 Summary by Fund
66.14 General -0- (5,385,000)
66.15 Natural Resources 800,000 850,000
66.16 The amounts reduced from the
66.17 appropriations in Laws 2001, First
66.18 Special Session chapter 2, section 5,
66.19 are specified in the following
66.20 subdivisions.
66.21 Subd. 2. Land and Mineral Resources Management
66.22 -0- (89,000)
66.23 $33,000 the second year of this
66.24 reduction is from iron ore cooperative
66.25 research.
66.26 The nonstate match amount required for
66.27 the second year of the iron ore
66.28 cooperative research appropriation in
66.29 Laws 2001, First Special Session
66.30 chapter 2, section 5, subdivision 2, is
66.31 reduced by $20,000.
66.32 $30,000 the second year of this
66.33 reduction is from minerals
66.34 diversification.
66.35 $15,000 the second year of this
66.36 reduction is from minerals cooperative
66.37 environmental research.
66.38 The nonstate match amount required for
66.39 the second year of the minerals
66.40 cooperative environmental research
66.41 appropriation in Laws 2001, First
66.42 Special Session chapter 2, section 5,
66.43 subdivision 2, is reduced by $7,000.
66.44 Subd. 3. Water Resources Management
66.45 -0- (563,000)
66.46 Subd. 4. Forest Management
66.47 -0- (599,000)
66.48 $300,000 the second year of this
66.49 reduction is from the programs and
66.50 practices on state, county, and private
66.51 lands to regenerate and protect
67.1 Minnesota's white pine.
67.2 The amount available for matching funds
67.3 in the second year of the appropriation
67.4 for white pine regeneration and
67.5 protection in Laws 2001, First Special
67.6 Session chapter 2, section 5,
67.7 subdivision 4, is reduced by $112,000
67.8 for nonindustrial private forest lands,
67.9 and the amount for matching funds for
67.10 county administered lands is reduced by
67.11 $60,000.
67.12 $200,000 the second year of this
67.13 reduction is from the forest resources
67.14 council for implementation of the
67.15 Sustainable Forest Resources Act.
67.16 Subd. 5. Parks and Recreation Management
67.17 -0- (317,000)
67.18 In fiscal year 2004, the annual base
67.19 level funding for state parks and
67.20 recreation areas is decreased by
67.21 $250,000 from the 2003 level.
67.22 In fiscal year 2004, the annual base
67.23 level funding for metropolitan area
67.24 regional parks maintenance and
67.25 operations is decreased by $400,000
67.26 from the 2003 level.
67.27 The appropriation specified in Laws
67.28 2001, First Special Session chapter 2,
67.29 section 5, subdivision 5, clause (10),
67.30 may be used for state park operations.
67.31 $25,000 from money appropriated in the
67.32 second year for state parks and
67.33 recreation areas is for a grant to
67.34 Taylors Falls for fire and rescue
67.35 operations in support of Interstate
67.36 park.
67.37 Subd. 6. Trails and Waterways Management
67.38 800,000 523,000
67.39 Summary by Fund
67.40 General -0- (177,000)
67.41 Natural Resources 800,000 700,000
67.42 In addition to the appropriation made
67.43 for this purpose under Laws 2001, First
67.44 Special Session chapter 2, section 5,
67.45 subdivision 6, $800,000 the first year
67.46 and $700,000 the second year are
67.47 appropriated from the snowmobile trails
67.48 and enforcement account for the
67.49 grant-in-aid trail system.
67.50 Subd. 7. Fish Management
67.51 -0- (154,000)
67.52 $134,000 the second year of this
67.53 reduction is from the reinvest in
67.54 Minnesota programs of game and fish,
68.1 critical habitat, and wetlands
68.2 established under Minnesota Statutes,
68.3 section 84.95, subdivision 2.
68.4 $20,000 the second year of this
68.5 reduction is from aquatic plant
68.6 restoration.
68.7 Subd. 8. Wildlife Management
68.8 -0- (110,000)
68.9 Subd. 9. Ecological Services
68.10 -0- (44,000)
68.11 This reduction is from the reinvest in
68.12 Minnesota programs of game and fish,
68.13 critical habitat, and wetlands
68.14 established under Minnesota Statutes,
68.15 section 84.95, subdivision 2.
68.16 Subd. 10. Enforcement
68.17 -0- (199,000)
68.18 Summary by Fund
68.19 General -0- (349,000)
68.20 Natural Resources -0- 150,000
68.21 $150,000 the second year is from the
68.22 snowmobile trails and enforcement
68.23 account for snowmobile enforcement
68.24 activities.
68.25 Subd. 11. Operations Support
68.26 -0- (2,983,000)
68.27 $1,052,000 the second year of this
68.28 reduction is from the operations of
68.29 youth programs. The base appropriation
68.30 for this item is eliminated in fiscal
68.31 year 2004.
68.32 In fiscal year 2004, the entire annual
68.33 base level funding for operations
68.34 support is decreased by $901,000.
68.35 Sec. 6. BOARD OF WATER AND
68.36 SOIL RESOURCES -0- (1,754,000)
68.37 $382,000 the second year of this
68.38 reduction is from natural resources
68.39 block grants to local governments. The
68.40 block grants made from the remaining
68.41 amount of the appropriation may be used
68.42 to implement comprehensive local water
68.43 planning, the Wetland Conservation Act,
68.44 and the Shoreland Management Act.
68.45 $800,000 the second year of this
68.46 reduction is from grants to soil and
68.47 water conservation districts for
68.48 cost-sharing contracts for erosion
68.49 control and water quality management.
68.50 $49,000 the second year of this
68.51 reduction is from grants to watershed
69.1 districts and other local units of
69.2 government in the southern Minnesota
69.3 river basin study area 2 for floodplain
69.4 management. The appropriation for area
69.5 2 floodplain management terminates in
69.6 fiscal year 2004.
69.7 Sec. 7. SCIENCE MUSEUM OF MINNESOTA -0- (65,000)
69.8 Sec. 8. MINNESOTA RESOURCES 158,000 158,000
69.9 The appropriations in this section are
69.10 from the environment and natural
69.11 resources trust fund referred to in
69.12 Minnesota Statutes, section 116P.02,
69.13 subdivision 6. The appropriations in
69.14 this section are subject to the
69.15 requirements of Laws 2001, First
69.16 Special Session chapter 2, section 14,
69.17 subdivisions 11, 12, 14, 15, 16, and
69.18 17. Any unencumbered balance remaining
69.19 in the appropriations the first year
69.20 does not cancel and is available for
69.21 the second year. Unless otherwise
69.22 provided, the appropriations are
69.23 available until June 30, 2003, when
69.24 projects must be completed and final
69.25 products delivered.
69.26 The following amounts are appropriated
69.27 from the environment and natural
69.28 resources trust fund:
69.29 (1) $127,000 the first year and
69.30 $127,000 the second year are to the
69.31 University of Minnesota for the second
69.32 biennium of a two-biennia project to
69.33 complete production of a multipart,
69.34 televised film series of the history of
69.35 Minnesota's natural landscapes. This
69.36 appropriation must be matched by
69.37 $200,000 in nonstate money and is
69.38 available upon commitment of the
69.39 match. This appropriation is available
69.40 until June 30, 2004; and
69.41 (2) $31,000 the first year and $31,000
69.42 the second year are to reimburse the
69.43 legislative commission on Minnesota
69.44 resources for expenses and anticipated
69.45 costs of the citizens advisory
69.46 committee.
69.47 Sec. 9. TRANSFERS -0- 1,300,000
69.48 By June 30, 2003, the commissioner of
69.49 finance shall transfer $1,300,000 from
69.50 the Minnesota future resources fund to
69.51 the general fund.
69.52 Sec. 10. Minnesota Statutes 2000, section 85A.02,
69.53 subdivision 17, is amended to read:
69.54 Subd. 17. [ADDITIONAL POWERS.] The board may establish a
69.55 schedule of charges for admission to or the use of the Minnesota
69.56 zoological garden or any related facility. Notwithstanding
69.57 section 16A.1283, legislative approval is not required for the
70.1 board to establish a schedule of charges for admission or use of
70.2 the Minnesota zoological garden or related facilities. The
70.3 board shall have a policy admitting elementary school children
70.4 at no charge when they are part of an organized school
70.5 activity. The Minnesota zoological garden will offer free
70.6 admission throughout the year to economically disadvantaged
70.7 Minnesota citizens equal to ten percent of the average annual
70.8 attendance. However, the zoo may charge at any time for
70.9 parking, special services, and for admission to special
70.10 facilities for the education, entertainment, or convenience of
70.11 visitors. The board may provide for the purchase, reproduction,
70.12 and sale of gifts, souvenirs, publications, informational
70.13 materials, food and beverages, and grant concessions for the
70.14 sale of these items.
70.15 Sec. 11. Minnesota Statutes 2001 Supplement, section
70.16 93.2235, subdivision 1, is amended to read:
70.17 Subdivision 1. [COMMISSIONER.] The commissioner shall
70.18 establish a program to award grants to taconite mining companies
70.19 for:
70.20 (1) taconite pellet product improvements;
70.21 (2) value-added production of taconite iron ore; or
70.22 (3) cost-savings production improvements at Minnesota
70.23 taconite plants.
70.24 An amount equal to the sum of money transferred to the
70.25 general fund under section 93.223, subdivision 1, reduced by
70.26 $100,000, is annually appropriated from the general fund to the
70.27 commissioner for the purposes of this section.
70.28 [EFFECTIVE DATE.] This section is effective July 1, 2002.
70.29 Sec. 12. Minnesota Statutes 2001 Supplement, section
70.30 115A.545, subdivision 1, is amended to read:
70.31 Subdivision 1. [DEFINITION.] (a) For the purpose of this
70.32 section, the following terms have the meanings given them.
70.33 (b) "Processed" means mixed municipal solid waste that has
70.34 been:
70.35 (1) burned for energy recovery; or
70.36 (2) processed into usable compost or refuse derived fuel.
71.1 (c) "Processing facility" means a facility designed to burn
71.2 mixed municipal solid waste for energy recovery or designed to
71.3 process mixed municipal solid waste into usable compost or
71.4 refuse-derived fuel.
71.5 (d) "County" includes a consortium of counties operating
71.6 under a solid waste management joint powers agreement.
71.7 [EFFECTIVE DATE.] This section is effective July 1, 2002.
71.8 Sec. 13. Minnesota Statutes 2001 Supplement, section
71.9 115A.545, subdivision 2, is amended to read:
71.10 Subd. 2. [PROCESSING PAYMENT.] (a) The director shall pay
71.11 counties a processing payment for each ton of mixed municipal
71.12 solid waste that is generated in the county and processed at a
71.13 resource recovery facility located in Minnesota. The processing
71.14 payment shall be $5 for each ton of mixed municipal solid waste
71.15 processed.
71.16 (b) The director shall also pay a processing payment to a
71.17 county that does not qualify under paragraph (a) that
71.18 constructed a processing facility and that either:
71.19 (1) contracts for waste generated in the county to be
71.20 received at a facility in that county; or
71.21 (2) has a comprehensive solid waste management plan
71.22 approved by the director under section 115A.46 that demonstrates
71.23 the intention of the county to make the processing facility
71.24 operational.
71.25 The processing payment shall be $5 for each ton of mixed
71.26 municipal waste generated in the county and delivered under
71.27 contract with the county.
71.28 (c) By the last day of October, January, April, and July,
71.29 each county claiming the processing payment shall file a claim
71.30 for payment with the director for the three previous months
71.31 certifying the number of tons of mixed municipal solid waste
71.32 that were generated in the county and processed at a resource
71.33 recovery facility. The director shall pay the processing
71.34 payments by November 15, February 15, May 15, and August 15 each
71.35 year.
71.36 (c) (d) If the total amount for which all counties are
72.1 eligible in a quarter exceeds the amount available for payment,
72.2 the director shall make the payments on a pro rata basis.
72.3 (d) (e) All of the money received by a county under this
72.4 section paragraph (a) must be used to lower the tipping fee for
72.5 waste to be processed at a resource recovery facility.
72.6 (f) Amounts received by a county under:
72.7 (1) paragraph (b), clause (1), must be used to lower the
72.8 tipping fee for waste received at a waste management facility
72.9 within the county for waste received under contract with the
72.10 county at a facility in the county; or
72.11 (2) paragraph (b), clause (2), must be used to assist in
72.12 making the county's processing facility operational.
72.13 [EFFECTIVE DATE.] This section is effective July 1, 2002.
72.14 Sec. 14. Minnesota Statutes 2000, section 115A.554, is
72.15 amended to read:
72.16 115A.554 [AUTHORITY OF SANITARY DISTRICTS.]
72.17 A sanitary district has the authorities and duties of
72.18 counties within the district's boundary for purposes of sections
72.19 115A.0716; 115A.46, subdivisions 4 and 5; 115A.48; 115A.545;
72.20 115A.551; 115A.552; 115A.553; 115A.919; 115A.929; 115A.93;
72.21 115A.96, subdivision 6; 115A.961; 116.072; 375.18, subdivision
72.22 14; 400.08; 400.16; and 400.161.
72.23 [EFFECTIVE DATE.] This section is effective July 1, 2002.
72.24 Sec. 15. [INCREASE TO WATER QUALITY PERMIT FEES.]
72.25 (a) The pollution control agency shall collect water
72.26 quality permit application and annual fees that reflect the fees
72.27 in Minnesota Rules, part 7002.0310, increased to the amounts
72.28 described in paragraphs (b) to (g).
72.29 (b) The application fee for individual permits, general
72.30 permits, and general industrial stormwater permits is $240.
72.31 (c) The annual fees for individual National Pollutant
72.32 Discharge Elimination System permits for major municipal
72.33 facilities are as follows:
72.34 Design Flow in
72.35 Million Gallons Per Day Annual Fee
72.37 50 and over $175,750
72.38 20 to 49.99 $40,350
73.1 5 to 19.99 $14,350
73.2 Up to 4.99 $5,900
73.3 (d) The annual fees for individual National Pollutant
73.4 Discharge Elimination System permits for major nonmunicipal
73.5 facilities are as follows:
73.6 Design Flow in
73.7 Million Gallons Per Day Annual Fee
73.9 20 to 49.99 $44,200
73.10 5 to 19.99 $18,250
73.11 Up to 4.99 $8,450
73.12 Cooling or mine pit
73.13 dewatering (any flow) $16,900
73.14 (e) The annual fees for individual National Pollutant
73.15 Discharge Elimination System and State Disposal System permits
73.16 for nonmajor municipal facilities with design flows greater than
73.17 0.100 million gallons per day are $1,450.
73.18 (f) The annual fees for general industrial stormwater
73.19 permits are $280.
73.20 (g) The annual fees for general National Pollutant
73.21 Discharge Elimination System and State Disposal System permits
73.22 are $345.
73.23 (h) The application and annual fees are not increased for
73.24 general construction stormwater permits and sanitary sewer
73.25 extension permits. The annual fees are not increased for
73.26 National Pollutant Discharge Elimination System and State
73.27 Disposal System permits regulating municipal nonmajors with
73.28 facility design flow of 0 to .100, sewage sludge landspreading
73.29 facilities, and nonmajor nonmunicipal facilities.
73.30 (i) The increased permit fees are effective July 1, 2002.
73.31 The agency shall adopt amended water quality permit fee rules
73.32 incorporating the permit fee increases in this subdivision under
73.33 Minnesota Statutes, section 14.389. The pollution control
73.34 agency shall begin collecting the increased permit fees on July
73.35 1, 2002, even if the rule adoption process has not been
73.36 initiated or completed. Notwithstanding Minnesota Statutes,
73.37 section 14.18, subdivision 2, the increased permit fees
73.38 reflecting the permit fee increases in this section and the rule
73.39 amendments incorporating those permit fee increases do not
74.1 require further legislative approval.
74.2 Sec. 16. [REPEALER.]
74.3 (a) Minnesota Statutes 2000, sections 103B.3369,
74.4 subdivisions 7 and 8; 103B.351; 103F.461; and 103G.2373, are
74.5 repealed.
74.6 (b) Minnesota Rules, parts 8405.0100; 8405.0110; 8405.0120;
74.7 8405.0130; 8405.0140; 8405.0150; 8405.0160; 8405.0170;
74.8 8405.0180; 8405.0190; 8405.0200; 8405.0210; 8405.0220; and
74.9 8405.0230, are repealed.
74.10 Sec. 17. [EFFECTIVE DATE.]
74.11 Except as otherwise specified, this article is effective
74.12 the day following final enactment.
74.13 ARTICLE 9
74.14 AGRICULTURE AND RURAL DEVELOPMENT
74.15 Section 1. [AGRICULTURE APPROPRIATIONS AND REDUCTIONS.]
74.16 The dollar amounts in the columns under "APPROPRIATIONS"
74.17 are added to or, if shown in parentheses, are subtracted from
74.18 the appropriations in Laws 2001, First Special Session chapter
74.19 2, or other law, to the specified agencies. The appropriations
74.20 are from the general fund or other named fund and are available
74.21 for the fiscal years indicated for each purpose. The figure
74.22 "2002" or "2003" means that the addition to or subtraction from
74.23 the appropriations listed under the figure are for the fiscal
74.24 year ending June 30, 2002, or June 30, 2003, respectively. The
74.25 term "the first year" means the year ending June 30, 2002, and
74.26 the term "the second year" means the year ending June 30, 2003.
74.27 SUMMARY BY FUND
74.28 2002 2003 TOTAL
74.29 APPROPRIATIONS
74.30 General $ (469,000) $ (1,227,000) $ (1,696,000)
74.31 TRANSFERS IN (2,705,000) (1,996,000) (4,701,000)
74.32 APPROPRIATIONS
74.33 Available for the Year
74.34 Ending June 30
74.35 2002 2003
74.36 Sec. 2. AGRICULTURE
74.37 Subdivision 1. Total
74.38 Appropriation Reductions (26,000) (810,000)
75.1 The amounts reduced from the
75.2 appropriations in Laws 2001, First
75.3 Special Session chapter 2, are
75.4 specified in the following subdivisions.
75.5 Subd. 2. Protection Services
75.6 -0- (250,000)
75.7 Base funding for the protection service
75.8 program is $11,451,000 in the fiscal
75.9 year beginning July 1, 2003.
75.10 Subd. 3. Agricultural
75.11 Marketing and Development
75.12 (21,000) (71,000)
75.13 Base funding for the agricultural
75.14 marketing and development program is
75.15 $5,530,000 for the fiscal year
75.16 beginning July 1, 2003.
75.17 Subd. 4. Administration and
75.18 Financial Assistance
75.19 (5,000) (489,000)
75.20 $5,000 the first year and $2,000 the
75.21 second year of this reduction are from
75.22 family farm security interest payment
75.23 adjustments.
75.24 $175,000 the second year of this
75.25 reduction is from grants to agriculture
75.26 information centers.
75.27 $11,500 the second year of this
75.28 reduction is from the appropriation for
75.29 the Seaway Port Authority of Duluth.
75.30 Base funding for the administration and
75.31 financial assistance program is
75.32 $4,344,000 for the fiscal year
75.33 beginning July 1, 2003.
75.34 Subd. 5. Cancellations
75.35 $43,000 from Laws 2000, chapter 488,
75.36 article 3, section 5, for grants to one
75.37 or more cooperative associations for
75.38 the purpose of facilitating the
75.39 production and marketing of short
75.40 rotation woody crops is canceled to the
75.41 general fund.
75.42 Subd. 6. Transfers
75.43 (a) By June 30, 2002, the commissioner
75.44 shall transfer the unencumbered cash
75.45 balance in the ethanol development fund
75.46 established in Minnesota Statutes,
75.47 section 41B.044, to the general fund.
75.48 (b) By June 30, 2002, the commissioner
75.49 shall transfer $106,000 from the
75.50 balance in the family farm security
75.51 account established in Minnesota
75.52 Statutes, section 41.61, to the general
75.53 fund.
76.1 (c) By June 30, 2002, the commissioner
76.2 shall transfer $890,000 from the
76.3 unencumbered bond proceeds balance in
76.4 the family farm security account
76.5 established in Minnesota Statutes,
76.6 section 41.61, to the debt service fund.
76.7 (d) By June 30, 2004, the commissioner
76.8 shall transfer $800,000 from the
76.9 unencumbered bond proceeds balance in
76.10 the family farm security account
76.11 established in Minnesota Statutes,
76.12 section 41.61, to the debt service fund.
76.13 (e) By June 30, 2004, the commissioner
76.14 shall transfer $50,000 from the balance
76.15 in the family farm security account
76.16 established in Minnesota Statutes,
76.17 section 41.61, to the general fund.
76.18 (f) By June 30, 2005, the commissioner
76.19 shall transfer $410,000 from the
76.20 unencumbered bond proceeds balance in
76.21 the family farm security account
76.22 established in Minnesota Statutes,
76.23 section 41.61, to the debt service fund.
76.24 Sec. 3. MINNESOTA HORTICULTURE
76.25 SOCIETY -0- (16,000)
76.26 This is a onetime reduction.
76.27 Sec. 4. AGRICULTURAL UTILIZATION
76.28 RESEARCH INSTITUTE (400,000) (401,000)
76.29 $20,000 each year of the reduction is
76.30 from the money appropriated for hybrid
76.31 tree management research and
76.32 development.
76.33 Base funding of the agricultural
76.34 utilization research institute is
76.35 $3,717,000 for the fiscal year
76.36 beginning July 1, 2003.
76.37 Sec. 5. Minnesota Statutes 2001 Supplement, section
76.38 17.117, subdivision 5a, is amended to read:
76.39 Subd. 5a. [AGRICULTURAL AND ENVIRONMENTAL REVOLVING
76.40 ACCOUNTS.] (a) There shall be established in the agricultural
76.41 fund revolving accounts to receive appropriations, transfers of
76.42 the balances from previous appropriations for the activities
76.43 under this section, and money from other sources. All balances
76.44 from previous appropriations for activities under this section
76.45 and repayments of loans granted under this section, including
76.46 principal and interest, must be deposited into the appropriate
76.47 revolving account created in this subdivision or the account
76.48 created in subdivision 13. Interest earned in an account
76.49 accrues to that account.
77.1 (b) The money in the revolving accounts and the account
77.2 created in subdivision 13 is appropriated to the commissioner
77.3 for the purposes of this section.
77.4 Sec. 6. Minnesota Statutes 2000, section 41A.09,
77.5 subdivision 3a, is amended to read:
77.6 Subd. 3a. [PAYMENTS.] (a) The commissioner of agriculture
77.7 shall make cash payments to producers of ethanol, anhydrous
77.8 alcohol, and wet alcohol located in the state. These payments
77.9 shall apply only to ethanol, anhydrous alcohol, and wet alcohol
77.10 fermented in the state and produced at plants that have begun
77.11 production by June 30, 2000. For the purpose of this
77.12 subdivision, an entity that holds a controlling interest in more
77.13 than one ethanol plant is considered a single producer. The
77.14 amount of the payment for each producer's annual production is:
77.15 (1) except as provided in paragraph (b), for each gallon of
77.16 ethanol or anhydrous alcohol produced on or before June 30,
77.17 2000, or ten years after the start of production, whichever is
77.18 later, 20 19 cents per gallon; and
77.19 (2) for each gallon produced of wet alcohol on or before
77.20 June 30, 2000, or ten years after the start of production,
77.21 whichever is later, a payment in cents per gallon calculated by
77.22 the formula "alcohol purity in percent divided by five," and
77.23 rounded to the nearest cent per gallon, but not less than 11
77.24 cents per gallon.
77.25 The producer payments for anhydrous alcohol and wet alcohol
77.26 under this section may be paid to either the original producer
77.27 of anhydrous alcohol or wet alcohol or the secondary processor,
77.28 at the option of the original producer, but not to both.
77.29 No payments shall be made for production that occurs after
77.30 June 30, 2010.
77.31 (b) If the level of production at an ethanol plant
77.32 increases due to an increase in the production capacity of the
77.33 plant, the payment under paragraph (a), clause (1), applies to
77.34 the additional increment of production until ten years after the
77.35 increased production began. Once a plant's production capacity
77.36 reaches 15,000,000 gallons per year, no additional increment
78.1 will qualify for the payment.
78.2 (c) The commissioner shall make payments to producers of
78.3 ethanol or wet alcohol in the amount of 1.5 cents for each
78.4 kilowatt hour of electricity generated using closed-loop biomass
78.5 in a cogeneration facility at an ethanol plant located in the
78.6 state. Payments under this paragraph shall be made only for
78.7 electricity generated at cogeneration facilities that begin
78.8 operation by June 30, 2000. The payments apply to electricity
78.9 generated on or before the date ten years after the producer
78.10 first qualifies for payment under this paragraph. Total
78.11 payments under this paragraph in any fiscal year may not exceed
78.12 $750,000. For the purposes of this paragraph:
78.13 (1) "closed-loop biomass" means any organic material from a
78.14 plant that is planted for the purpose of being used to generate
78.15 electricity or for multiple purposes that include being used to
78.16 generate electricity; and
78.17 (2) "cogeneration" means the combined generation of:
78.18 (i) electrical or mechanical power; and
78.19 (ii) steam or forms of useful energy, such as heat, that
78.20 are used for industrial, commercial, heating, or cooling
78.21 purposes.
78.22 (d) Payments under paragraphs (a) and (b) to all producers
78.23 may not exceed $37,000,000 $35,150,000 in a fiscal year. Total
78.24 payments under paragraphs (a) and (b) to a producer in a fiscal
78.25 year may not exceed $3,000,000 $2,850,000.
78.26 (e) By the last day of October, January, April, and July,
78.27 each producer shall file a claim for payment for ethanol,
78.28 anhydrous alcohol, and wet alcohol production during the
78.29 preceding three calendar months. A producer with more than one
78.30 plant shall file a separate claim for each plant. A producer
78.31 that files a claim under this subdivision shall include a
78.32 statement of the producer's total ethanol, anhydrous alcohol,
78.33 and wet alcohol production in Minnesota during the quarter
78.34 covered by the claim, including anhydrous alcohol and wet
78.35 alcohol produced or received from an outside source. A producer
78.36 shall file a separate claim for any amount claimed under
79.1 paragraph (c). For each claim and statement of total ethanol,
79.2 anhydrous alcohol, and wet alcohol production filed under this
79.3 subdivision, the volume of ethanol, anhydrous alcohol, and wet
79.4 alcohol production or amounts of electricity generated using
79.5 closed-loop biomass must be examined by an independent certified
79.6 public accountant in accordance with standards established by
79.7 the American Institute of Certified Public Accountants.
79.8 (f) Payments shall be made November 15, February 15, May
79.9 15, and August 15. A separate payment shall be made for each
79.10 claim filed. Except as provided in paragraph (j), the total
79.11 quarterly payment to a producer under this paragraph, excluding
79.12 amounts paid under paragraph (c), may not exceed $750,000.
79.13 (g) If the total amount for which all producers are
79.14 eligible in a quarter under paragraph (c) exceeds the amount
79.15 available for payments, the commissioner shall make payments in
79.16 the order in which the plants covered by the claims began
79.17 generating electricity using closed-loop biomass.
79.18 (h) After July 1, 1997, new production capacity is only
79.19 eligible for payment under this subdivision if the commissioner
79.20 receives:
79.21 (1) an application for approval of the new production
79.22 capacity;
79.23 (2) an appropriate letter of long-term financial commitment
79.24 for construction of the new production capacity; and
79.25 (3) copies of all necessary permits for construction of the
79.26 new production capacity.
79.27 The commissioner may approve new production capacity based
79.28 on the order in which the applications are received.
79.29 (i) The commissioner may not approve any new production
79.30 capacity after July 1, 1998, except that a producer with an
79.31 approved production capacity of at least 12,000,000 gallons per
79.32 year but less than 15,000,000 gallons per year prior to July 1,
79.33 1998, is approved for 15,000,000 gallons of production capacity.
79.34 (j) Notwithstanding the quarterly payment limits of
79.35 paragraph (f), the commissioner shall make an additional payment
79.36 in the eighth quarter of each fiscal biennium to ethanol
80.1 producers for the lesser of: (1) 20 19 cents per gallon of
80.2 production in the eighth quarter of the biennium that is greater
80.3 than 3,750,000 gallons; or (2) the total amount of payments lost
80.4 during the first seven quarters of the biennium due to plant
80.5 outages, repair, or major maintenance. Total payments to an
80.6 ethanol producer in a fiscal biennium, including any payment
80.7 under this paragraph, must not exceed the total amount the
80.8 producer is eligible to receive based on the producer's approved
80.9 production capacity. The provisions of this paragraph apply
80.10 only to production losses that occur in quarters beginning after
80.11 December 31, 1999.
80.12 (k) For the purposes of this subdivision "new production
80.13 capacity" means annual ethanol production capacity that was not
80.14 allowed under a permit issued by the pollution control agency
80.15 prior to July 1, 1997, or for which construction did not begin
80.16 prior to July 1, 1997.
80.17 [EFFECTIVE DATE.] This section is effective for payments
80.18 for ethanol production after July 1, 2004.
80.19 Sec. 7. [TRANSFER OF FUNDS; DEPOSIT OF REPAYMENTS.]
80.20 The remaining balance in the disaster recovery revolving
80.21 fund established under Minnesota Statutes, section 41B.047,
80.22 subdivision 2, is transferred to the revolving account described
80.23 in Minnesota Statutes, section 17.115, for purposes of Minnesota
80.24 Statutes, section 17.115, subdivision 5, and the fund is
80.25 abolished on the effective date of this section.
80.26 Notwithstanding Minnesota Statutes, section 41B.047, subdivision
80.27 2, all future receipts from loans originated under Minnesota
80.28 Statutes, section 41B.047, shall be deposited in the account.
80.29 Sec. 8. [REPEALER.]
80.30 Minnesota Statutes 2000, section 41B.047, subdivision 2, is
80.31 repealed.
80.32 Sec. 9. [EFFECTIVE DATE.]
80.33 Except as otherwise specified, this article is effective
80.34 the day following final enactment.
80.35 ARTICLE 10
80.36 STATE GOVERNMENT APPROPRIATIONS
81.1 Section 1. [STATE GOVERNMENT APPROPRIATIONS.]
81.2 The dollar amounts in the columns under "APPROPRIATIONS"
81.3 are added to or, if shown in parentheses, are subtracted from
81.4 the appropriations in Laws 2001, First Special Session chapter
81.5 10, or other law to the specified agencies. The appropriations
81.6 are from the general fund or other named fund and are available
81.7 for the fiscal years indicated for each purpose. The figure
81.8 "2002" or "2003" means that the addition to or subtraction from
81.9 the appropriations listed under the figure are for the fiscal
81.10 year ending June 30, 2002, or June 30, 2003, respectively.
81.11 SUMMARY BY FUND
81.12 2002 2003 TOTAL
81.13 APPROPRIATIONS
81.14 General $ (14,695,000)$ (30,005,000)$ (44,700,000)
81.15 APPROPRIATIONS
81.16 Available for the Year
81.17 Ending June 30
81.18 2002 2003
81.19 Sec. 2. LEGISLATURE
81.20 Subdivision 1. Total
81.21 Appropriation -0- (2,245,000)
81.22 Subd. 2. Senate
81.23 -0- (688,000)
81.24 Subd. 3. House of Representatives
81.25 -0- (910,000)
81.26 Subd. 4. Legislative Coordinating Commission
81.27 -0- (647,000)
81.28 $164,000 is a reduction for the office
81.29 of the legislative auditor.
81.30 Sec. 3. SECRETARY OF
81.31 STATE -0- (199,000)
81.32 Budget reductions shall not come from
81.33 revenue producing programs or elections.
81.34 Sec. 4. GOVERNOR'S OFFICE (460,000) (702,000)
81.35 No funding may be used for the
81.36 operation of the Washington, D.C.,
81.37 office of the state of Minnesota.
81.38 Sec. 5. STATE AUDITOR (503,000) (540,000)
81.39 Sec. 6. STATE TREASURER -0- (30,000)
81.40 Sec. 7. ATTORNEY GENERAL -0- (900,000)
82.1 The attorney general, in consultation
82.2 with the affected agencies, shall
82.3 prepare a plan for ending partnership
82.4 agreements with agencies and shall
82.5 submit the plan to the legislature by
82.6 November 15, 2002.
82.7 Sec. 8. BOARD OF GOVERNMENT INNOVATION
82.8 COOPERATION (275,000) (518,000)
82.9 Sec. 9. OFFICE OF STRATEGIC
82.10 AND LONG-RANGE PLANNING (600,000) (560,000)
82.11 Sec. 10. ADMINISTRATION
82.12 Subdivision 1. Total
82.13 Appropriation (274,000) (3,784,000)
82.14 Subd. 2. Operations Management
82.15 -0- (989,000)
82.16 The base funding for the 2004-2005
82.17 biennium is $3,002,000 a year.
82.18 Subd. 3. Office of Technology
82.19 -0- (774,000)
82.20 The base funding for the 2004-2005
82.21 biennium is $4,622,000 in 2004 and
82.22 $2,442,000 in 2005.
82.23 Subd. 4. Intertechnologies Group
82.24 General Fund
82.25 (200,000) (533,000)
82.26 The base funding for the 2004-2005
82.27 biennium is $382,000 a year.
82.28 Subd. 5. Management Services
82.29 -0- (707,000)
82.30 The base funding for the 2004-2005
82.31 biennium is $3,145,000 a year. Base
82.32 funding may not be reduced for the
82.33 information policy analysis program.
82.34 Subd. 6. Facilities Management
82.35 -0- (714,000)
82.36 The base funding for the 2004-2005
82.37 biennium is $3,583,000 a year.
82.38 Subd. 7. Public Broadcasting
82.39 -0- (67,000)
82.40 The base funding for the 2004-2005
82.41 biennium is $3,197,000 each year. The
82.42 $133,000 reduction each year must be
82.43 applied on a proportional basis.
82.44 Subd. 8. Fiscal Agents
82.45 (74,000) -0-
82.46 Voting equipment grants are reduced by
82.47 $74,000 in fiscal year 2002.
83.1 Sec. 11. FINANCE
83.2 Subdivision 1. Total Appropriation
83.3 Reductions (1,773,000) (3,609,000)
83.4 Subd. 2. State Financial Management
83.5 (204,000) (1,195,000)
83.6 Subd. 3. Information and Management
83.7 Services
83.8 (910,000) (1,974,000)
83.9 $446,000 in the first year and $220,000
83.10 in the second year are onetime
83.11 reductions.
83.12 Subd. 4. Carryforward
83.13 (660,000) (440,000)
83.14 This reduction is from Laws 1999,
83.15 chapter 250, article 1, section 14,
83.16 subdivision 3.
83.17 Subd. 5. Dislocated Worker Program
83.18 The commissioner of finance shall
83.19 transfer $2,800,000 from the general
83.20 fund to the workforce development fund
83.21 for the dislocated worker program.
83.22 This transfer shall occur within 14
83.23 days following final enactment of this
83.24 act.
83.25 Sec. 12. EMPLOYEE
83.26 RELATIONS (660,000) (1,269,000)
83.27 Sec. 13. REVENUE
83.28 Subdivision 1. Total Appropriation
83.29 Reduction (7,000,000) (7,000,000)
83.30 Sec. 14. AMATEUR SPORTS COMMISSION (60,000) (60,000)
83.31 Sec. 15. MINNESOTA HUMANITIES
83.32 COMMISSION -0- (41,000)
83.33 Sec. 16. BOARD OF THE ARTS
83.34 Subdivision 1. Total
83.35 Appropriation -0- (526,000)
83.36 Subd. 2. Operations and Services
83.37 -0- (43,000)
83.38 Subd. 3. Grants Programs
83.39 -0- (342,000)
83.40 Subd. 4. Regional Arts Councils
83.41 -0- (141,000)
83.42 Sec. 17. MILITARY AFFAIRS (452,000) (2,399,000)
83.43 The base funding for the 2004-2005
83.44 biennium is $12,472,000 each year.
83.45 Sec. 18. VETERANS
84.1 AFFAIRS -0- (180,000)
84.2 Sec. 19. MINNESOTA
84.3 STATE RETIREMENT SYSTEM -0- (2,004,000)
84.4 $2,004,000 of the appropriation
84.5 reduction the second year is to
84.6 eliminate the open appropriation for
84.7 judges not participating in the
84.8 postretirement fund, effective July 1,
84.9 2002. The reduction in 2004 is
84.10 $2,124,000 and in 2005 is $2,251,000.
84.11 Sec. 20. CAMPAIGN FINANCE
84.12 AND PUBLIC DISCLOSURE BOARD -0- (35,000)
84.13 Sec. 21. INVESTMENT
84.14 BOARD -0- (127,000)
84.15 Sec. 22. CAPITOL AREA ARCHITECTURAL
84.16 AND PLANNING BOARD -0- (16,000)
84.17 Sec. 23. LAWFUL GAMBLING CONTROL
84.18 BOARD -0- (126,000)
84.19 Sec. 24. MINNESOTA RACING
84.20 COMMISSION -0- (21,000)
84.21 Sec. 25. TORT CLAIMS -0- (114,000)
84.22 Sec. 26. CONTINGENT ACCOUNTS (2,638,000) (3,000,000)
84.23 Sec. 27. LEGISLATIVE INTENT
84.24 It is the legislature's intent that,
84.25 unless provided otherwise in this
84.26 article, base reductions in an agency's
84.27 funding be distributed across the
84.28 agency's accounts without a
84.29 disproportionate reduction from a
84.30 single program. Additionally, all
84.31 budget reductions should be made with
84.32 an emphasis on cutting administration
84.33 and overhead expenses and with as
84.34 little impact as possible on programs
84.35 and services.
84.36 Sec. 28. Minnesota Statutes 2000, section 15.0591,
84.37 subdivision 2, is amended to read:
84.38 Subd. 2. [BODIES AFFECTED.] A member meeting the
84.39 qualifications in subdivision 1 must be appointed to the
84.40 following boards, commissions, advisory councils, task forces,
84.41 or committees:
84.42 (1) advisory council on battered women and domestic abuse;
84.43 (2) advisory task force on the use of state facilities;
84.44 (3) alcohol and other drug abuse advisory council;
84.45 (4) board of examiners for nursing home administrators;
84.46 (5) board on aging;
84.47 (6) chiropractic examiners board;
85.1 (7) consumer advisory council on vocational rehabilitation;
85.2 (8) council on disability;
85.3 (9) council on affairs of Chicano/Latino people;
85.4 (10) council on Black Minnesotans;
85.5 (11) dentistry board;
85.6 (12) department of economic security advisory council;
85.7 (13) higher education services office;
85.8 (14) housing finance agency;
85.9 (15) Indian advisory council on chemical dependency;
85.10 (16) medical practice board;
85.11 (17) medical policy directional task force on mental
85.12 health;
85.13 (18) Minnesota employment and economic development task
85.14 force;
85.15 (19) Minnesota office of citizenship and volunteer services
85.16 advisory committee;
85.17 (20) Minnesota state arts board;
85.18 (21) (20) nursing board;
85.19 (22) (21) optometry board;
85.20 (23) (22) pharmacy board;
85.21 (24) (23) board of physical therapy;
85.22 (25) (24) podiatry board;
85.23 (26) (25) psychology board;
85.24 (27) (26) veterans advisory committee.
85.25 Sec. 29. Minnesota Statutes 2000, section 16A.40, is
85.26 amended to read:
85.27 16A.40 [WARRANTS AND ELECTRONIC FUND TRANSFERS.]
85.28 Money must not be paid out of the state treasury except
85.29 upon the warrant of the commissioner or an electronic fund
85.30 transfer approved by the commissioner. Warrants must be drawn
85.31 on printed blanks that are in numerical order. The commissioner
85.32 shall enter, in numerical order in a warrant register, the
85.33 number, amount, date, and payee for every warrant issued.
85.34 Payees receiving more than ten payments or $10,000 per year
85.35 must supply the commissioner with their bank routing information
85.36 to enable the payments to be made through an electronic fund
86.1 transfer.
86.2 Sec. 30. Minnesota Statutes 2001 Supplement, section
86.3 16B.65, subdivision 1, is amended to read:
86.4 Subdivision 1. [DESIGNATION.] By January 1, 2002, each
86.5 municipality shall designate a building official to administer
86.6 the code. A municipality may designate no more than one
86.7 building official responsible for code administration defined by
86.8 each certification category established in rule. Two or more
86.9 municipalities may combine in the designation of a building
86.10 official for the purpose of administering the provisions of the
86.11 code within their communities. In those municipalities for
86.12 which no building officials have been designated, the state
86.13 building official may use whichever state employees are
86.14 necessary to perform the duties of the building official until
86.15 the municipality makes a temporary or permanent designation.
86.16 All costs incurred by virtue of these services rendered by state
86.17 employees must be borne by the involved municipality and
86.18 receipts arising from these services must be paid into the state
86.19 treasury and credited to the general special revenue fund.
86.20 Sec. 31. Minnesota Statutes 2001 Supplement, section
86.21 16B.65, subdivision 5a, is amended to read:
86.22 Subd. 5a. [ADMINISTRATIVE ACTION AND PENALTIES.] The
86.23 commissioner shall, by rule, establish a graduated schedule of
86.24 administrative actions for violations of sections 16B.59 to
86.25 16B.75 and rules adopted under those sections. The schedule
86.26 must be based on and reflect the culpability, frequency, and
86.27 severity of the violator's actions. The commissioner may impose
86.28 a penalty from the schedule on a certification holder for a
86.29 violation of sections 16B.59 to 16B.75 and rules adopted under
86.30 those sections. The penalty is in addition to any criminal
86.31 penalty imposed for the same violation. Administrative monetary
86.32 penalties imposed by the commissioner must be paid to the
86.33 general special revenue fund.
86.34 Sec. 32. Minnesota Statutes 2000, section 124D.385,
86.35 subdivision 2, is amended to read:
86.36 Subd. 2. [MEMBERSHIP.] (a) The commission consists of 18
87.1 voting members. Voting members shall include the commissioner
87.2 of children, families, and learning, a representative of the
87.3 children's cabinet elected by the members of the children's
87.4 cabinet, and the executive director of the higher education
87.5 services office.
87.6 (b) The governor shall appoint 15 additional voting
87.7 members. Eight of the voting members appointed by the governor
87.8 shall include a representative of public or nonprofit
87.9 organizations experienced in youth employment and training,
87.10 organizations promoting adult service and volunteerism,
87.11 community-based service agencies or organizations, local public
87.12 or private sector labor unions, local governments, business, a
87.13 national service program, and Indian tribes. The remaining
87.14 seven voting members appointed by the governor shall include an
87.15 individual with expertise in the educational, training, and
87.16 development needs of youth, particularly disadvantaged youth; a
87.17 youth or young adult who is a participant in a higher
87.18 education-based service-learning program; a disabled individual
87.19 representing persons with disabilities; a youth who is
87.20 out-of-school or disadvantaged; an educator of primary or
87.21 secondary students; an educator from a higher education
87.22 institution; and an individual between the ages of 16 and 25 who
87.23 is a participant or supervisor in a youth service program.
87.24 (c) The governor shall appoint up to five ex officio
87.25 nonvoting members from among the following agencies or
87.26 organizations: the departments of economic security, natural
87.27 resources, human services, health, corrections, agriculture,
87.28 public safety, finance, and labor and industry, the Minnesota
87.29 office of citizenship and volunteer services, the housing
87.30 finance agency, and Minnesota Technology, Inc. A representative
87.31 of the corporation for national and community service shall also
87.32 serve as an ex officio nonvoting member.
87.33 (d) Voting and ex officio nonvoting members may appoint
87.34 designees to act on their behalf. The number of voting members
87.35 who are state employees shall not exceed 25 percent.
87.36 (e) The governor shall ensure that, to the extent possible,
88.1 the membership of the commission is balanced according to
88.2 geography, race, ethnicity, age, and gender. The speaker of the
88.3 house and the majority leader of the senate shall each appoint
88.4 two legislators to be nonvoting members of the commission.
88.5 Sec. 33. Minnesota Statutes 2000, section 256.9753,
88.6 subdivision 3, is amended to read:
88.7 Subd. 3. [EXPENDITURES.] The board shall consult with
88.8 the office of citizenship and volunteer services commissioner of
88.9 human services, prior to expending money available for the
88.10 retired senior volunteer programs. Expenditures shall be made
88.11 (1) to strengthen and expand existing retired senior volunteer
88.12 programs, and (2) to encourage the development of new programs
88.13 in areas in the state where these programs do not exist. Grants
88.14 shall be made consistent with applicable federal guidelines.
88.15 Sec. 34. Minnesota Statutes 2000, section 490.123, is
88.16 amended by adding a subdivision to read:
88.17 Subd. 1e. [PARTICIPATION IN THE POSTRETIREMENT INVESTMENT
88.18 FUND.] Notwithstanding any laws to the contrary, all judges and
88.19 survivors receiving a benefit under this chapter shall receive
88.20 that benefit from the postretirement investment fund. Required
88.21 reserves for those judges not receiving benefits from the
88.22 postretirement investment fund as of July 1, 2002, shall be
88.23 transferred to the postretirement investment fund to pay future
88.24 benefits by July 31, 2002.
88.25 Sec. 35. Laws 1998, chapter 404, section 23, subdivision
88.26 6, is amended to read:
88.27 Subd. 6. St. Paul RiverCentre
88.28 Arena 65,000,000
88.29 This appropriation is from the general
88.30 fund to the commissioner of finance for
88.31 a loan to the city of St. Paul to
88.32 demolish the existing St. Paul
88.33 RiverCentre Arena and to design,
88.34 construct, furnish, and equip a new
88.35 arena. This appropriation is not
88.36 available until the lessee to whom the
88.37 city has leased the arena has agreed to
88.38 make rental or other payments to the
88.39 city under the terms set forth in this
88.40 subdivision. The loan is repayable
88.41 solely from and secured by the payments
88.42 made to the city by the lessee. The
88.43 loan is not a public debt and the full
88.44 faith, credit, and taxing powers of the
89.1 city are not pledged for its repayment.
89.2 (a) $48,000,000 of the loan must be
89.3 repaid to the commissioner, without
89.4 interest, within 20 years from the date
89.5 of substantial completion of the arena
89.6 in accordance with the following
89.7 schedule:
89.8 (1) no repayments are due in the first
89.9 two years from the date of substantial
89.10 completion;
89.11 (2) in each of the years three to five,
89.12 the lessee must pay $1,250,000;
89.13 (3) in each of the years six to ten,
89.14 the lessee must pay $1,500,000;
89.15 (4) in each of the years 11 to 13, the
89.16 lessee must pay $2,000,000;
89.17 (5) in year 14, the lessee must pay
89.18 $3,000,000;
89.19 (6) in year 15, the lessee must pay
89.20 $4,000,000; and
89.21 (7) in each of the years 16 to 20, the
89.22 lessee must pay $4,750,000.
89.23 (b) The commissioner must deposit the
89.24 repayments in the state treasury and
89.25 credit them to the youth activities
89.26 account, which is hereby created in the
89.27 special revenue fund. Money in the
89.28 youth activities account is available
89.29 for expenditure as appropriated by
89.30 law general fund.
89.31 (c) The loan may not be made until the
89.32 commissioner has entered into an
89.33 agreement with the city of St. Paul
89.34 identifying the rental or other
89.35 payments that will be made and
89.36 establishing the dates on and the
89.37 amounts in which the payments will be
89.38 made to the city and by the city to the
89.39 commissioner. The payments may include
89.40 operating revenues and additional
89.41 payments to be made by the lessee under
89.42 agreements to be negotiated between the
89.43 commissioner, the city, and the
89.44 lessee. Those agreements may include,
89.45 but are not limited to, an agreement
89.46 whereby the lessee pledges to provide
89.47 each year a letter of credit sufficient
89.48 to guarantee the payment of the amount
89.49 due for the next succeeding year; an
89.50 agreement whereby the lessee agrees to
89.51 maintain a net worth, certified each
89.52 year by a financial institution or
89.53 accounting firm satisfactory to the
89.54 commissioner, that is greater than the
89.55 balance due under the payment schedule
89.56 in paragraph (a); and any other
89.57 agreements the commissioner may deem
89.58 necessary to ensure that the payments
89.59 are made as scheduled.
89.60 (d) The agreements must provide that
90.1 the failure of the lessee to make a
90.2 payment due to the city under the
90.3 agreement is an event of default under
90.4 the lease between the city and the
90.5 lessee and that the state is entitled
90.6 to enforce the remedies of the lessor
90.7 under the lease in the event of
90.8 default. Those remedies must include,
90.9 but need not be limited to, the
90.10 obligation of the lessee to pay the
90.11 balance due for the remainder of the
90.12 payment schedule in the event the
90.13 lessee ceases to operate a National
90.14 Hockey League team in the arena.
90.15 (e) By January 1, 1999, the
90.16 commissioner shall report to the chair
90.17 of the senate committee on state
90.18 government finance and the chair of the
90.19 house committee on ways and means the
90.20 terms of an agreement between the
90.21 lessee and the amateur sports
90.22 commission whereby the lessee agrees to
90.23 make the facilities of the arena
90.24 available to the commission on terms
90.25 satisfactory to the commission for
90.26 amateur sports activities consistent
90.27 with the purposes of Minnesota
90.28 Statutes, chapter 240A, each year
90.29 during the time the loan is
90.30 outstanding. The amateur sports
90.31 commission must negotiate in good faith
90.32 and may be required to pay no more than
90.33 actual out-of-pocket expenses for the
90.34 time it uses the arena. The agreement
90.35 may not become effective before
90.36 February 1, 1999. During any calendar
90.37 year after 1999 that an agreement under
90.38 this paragraph is not in effect and a
90.39 payment is due under the schedule, the
90.40 lessee must pay to the commissioner a
90.41 penalty of $750,000 for that year. If
90.42 the amateur sports commission has not
90.43 negotiated in good faith, no penalty is
90.44 due.
90.45 Sec. 36. [REDUCTION IN CONTRACT EXPENDITURES.]
90.46 During the biennium ending June 30, 2003, the governor must
90.47 reduce planned executive branch state agency general fund
90.48 expenditures on contracts for professional or technical services
90.49 by at least $35,000,000. The governor must allocate this
90.50 reduction among executive branch state agencies. For purposes
90.51 of this section, "professional or technical services" has the
90.52 meaning given in Minnesota Statutes, section 16C.08, subdivision
90.53 1; and "executive branch state agency" has the meaning given in
90.54 Minnesota Statutes, section 16A.011, subdivision 12a, and
90.55 includes the Minnesota state colleges and universities. The
90.56 base for these reductions is the amount allocated for
90.57 professional or technical service contracts in agency spending
91.1 plans as of January 1, 2002.
91.2 Sec. 37. [MORATORIUM ON CONSULTANT CONTRACTS.]
91.3 (a) An entity in the executive branch of state government,
91.4 including the Minnesota state colleges and universities, may not
91.5 enter into a new contract or renew an existing contract for
91.6 professional or technical services after the effective date of
91.7 this section and before July 1, 2003. This section does not
91.8 apply to a contract:
91.9 (1) that relates to a threat to public health, welfare, or
91.10 safety that threatens the functioning of government, the
91.11 protection of property, or the health or safety of people; or
91.12 (2) that is paid for entirely with federal funds received
91.13 before the effective date of this section.
91.14 (b) An entity in the executive branch may apply for a
91.15 waiver of the moratorium by sending a letter with reasons for
91.16 the request to the commissioner of administration for executive
91.17 branch entities. Upon a finding that a consultant contract is
91.18 necessary, the commissioner may grant a waiver. The decision of
91.19 the commissioner is final and not subject to appeal. A monthly
91.20 report of all waivers granted must be filed by the entity
91.21 granting the waiver. The report must be published on the
91.22 entity's Web site, and copies must be provided to the chairs of
91.23 the house ways and means and senate finance committees and to
91.24 the legislative reference library.
91.25 Sec. 38. [HIRING FREEZE.]
91.26 Subdivision 1. [APPLICATION OF FREEZE.] A state employer
91.27 may not hire any permanent or temporary employees before July 1,
91.28 2003. For purposes of this section, "state employer" means
91.29 state elected officials, departments, boards, agencies,
91.30 commissions, offices, and other hiring entities in the executive
91.31 and legislative branches of state government, as those branches
91.32 are defined in Minnesota Statutes, section 43A.02.
91.33 "State employer" does not include the Minnesota state
91.34 colleges and universities.
91.35 Subd. 2. [EXCEPTIONS.] Subdivision 1 does not apply to:
91.36 (1) a student in a work-study position; or
92.1 (2) a position that is necessary to perform essential
92.2 government services.
92.3 A determination under clause (2) must be made by the
92.4 speaker of the house of representatives with respect to house
92.5 employees, the chair of the committee on rules and
92.6 administration with respect to senate employees, and the
92.7 legislative coordinating commission with respect to its
92.8 employees, by a constitutional officer with respect to employees
92.9 of the constitutional office, and by the governor with respect
92.10 to any other employee covered by this section. Exceptions
92.11 granted under clause (2) must be reported monthly by the entity
92.12 granting the exception. The reports must be published on the
92.13 entity's Web site, and copies must be provided to the chairs of
92.14 the house ways and means and senate finance committees and to
92.15 the legislative reference library.
92.16 Subd. 3. [ANTICIPATED SAVINGS.] The legislature
92.17 anticipates that application of this section to executive branch
92.18 agencies and to the Minnesota state colleges and universities
92.19 will result in savings to the general fund of $40,000,000 by
92.20 June 30, 2003. If the governor determines that application of
92.21 this section will not result in $40,000,000 in savings to the
92.22 general fund by June 30, 2003, the governor must make
92.23 proportional reductions in executive agency operating budgets
92.24 necessary to achieve these savings.
92.25 Sec. 39. [SAVINGS ARE ADDITIONAL.]
92.26 Savings achieved in sections 36 to 38 from the freeze in
92.27 state hiring or the reduction in the number of state contracts
92.28 for professional or technical services are in addition to
92.29 reductions in spending required by other sections of this
92.30 article.
92.31 Sec. 40. [REPEALER.]
92.32 Minnesota Statutes 2001 Supplement, section 4.50, is
92.33 repealed. Minnesota Statutes 2000, sections 13.202, subdivision
92.34 8; 465.795; 465.796; 465.797; 465.7971; 465.798; 465.799;
92.35 465.801; 465.802; 465.803; 465.83; 465.87; and 465.88, are
92.36 repealed effective July 1, 2002. Minnesota Statutes 2000,
93.1 section 490.123, subdivision 1d, is repealed effective June 30,
93.2 2002.
93.3 Sec. 41. [EFFECTIVE DATE.]
93.4 Except as otherwise provided in section 40, this article is
93.5 effective the day following final enactment.
93.6 ARTICLE 11
93.7 COURTS
93.8 Section 1. [APPROPRIATIONS/REDUCTIONS.]
93.9 The dollar amounts in the columns under "APPROPRIATIONS"
93.10 are added to or, if shown in parentheses, are subtracted from
93.11 the appropriations in Laws 2001, First Special Session chapters
93.12 8, 9, or other law to the specified agencies. The
93.13 appropriations are from the general fund or other named fund and
93.14 are available for the fiscal years indicated for each purpose.
93.15 The figure "2002" or "2003" means that the addition to or
93.16 subtraction from the appropriations listed under the figure are
93.17 for the fiscal year ending June 30, 2002, or June 30, 2003,
93.18 respectively.
93.19 2002 2003
93.20 APPROPRIATION REDUCTIONS -0- ( 1,592,000)
93.21 APPROPRIATIONS
93.22 2002 2003
93.23 Sec. 2. SUPREME COURT -0- ( 454,000)
93.24 $175,000 the second year is to reduce
93.25 funding to civil legal services. The
93.26 funding and base for civil legal
93.27 services may not be reduced more than
93.28 these amounts.
93.29 The base for fiscal year 2004 shall be
93.30 reduced by $394,000 and for fiscal year
93.31 2005 by $394,000.
93.32 No portion of this reduction may come
93.33 from a reduction in spending of the
93.34 funds appropriated to the courts for
93.35 the Minnesota criminal information
93.36 system.
93.37 Sec. 3. COURT OF APPEALS -0- ( 86,000)
93.38 The base for fiscal year 2004 shall be
93.39 reduced by $74,000 and for fiscal year
93.40 2005 by $74,000.
93.41 Sec. 4. DISTRICT COURTS -0- ( 845,000)
93.42 The base for fiscal year 2004 shall be
93.43 reduced by $641,000 and for fiscal year
94.1 2005 by $641,000. These appropriation
94.2 reductions may also be applied to the
94.3 appropriations to the trial courts as
94.4 amended in Laws 2001, First Special
94.5 Session chapter 8, article 5, section
94.6 23.
94.7 Sec. 5. HUMAN RIGHTS -0- (207,000)
94.8 Sec. 6. Minnesota Statutes 2000, section 357.021,
94.9 subdivision 2, is amended to read:
94.10 Subd. 2. [FEE AMOUNTS.] The fees to be charged and
94.11 collected by the court administrator shall be as follows:
94.12 (1) In every civil action or proceeding in said court,
94.13 including any case arising under the tax laws of the state that
94.14 could be transferred or appealed to the tax court, the
94.15 plaintiff, petitioner, or other moving party shall pay, when the
94.16 first paper is filed for that party in said action, a fee of
94.17 $122 $135.
94.18 The defendant or other adverse or intervening party, or any
94.19 one or more of several defendants or other adverse or
94.20 intervening parties appearing separately from the others, shall
94.21 pay, when the first paper is filed for that party in said
94.22 action, a fee of $122 $135.
94.23 The party requesting a trial by jury shall pay $75.
94.24 The fees above stated shall be the full trial fee
94.25 chargeable to said parties irrespective of whether trial be to
94.26 the court alone, to the court and jury, or disposed of without
94.27 trial, and shall include the entry of judgment in the action,
94.28 but does not include copies or certified copies of any papers so
94.29 filed or proceedings under chapter 103E, except the provisions
94.30 therein as to appeals.
94.31 (2) Certified copy of any instrument from a civil or
94.32 criminal proceeding, $10, and $5 for an uncertified copy.
94.33 (3) Issuing a subpoena, $3 for each name.
94.34 (4) Issuing an execution and filing the return thereof;
94.35 issuing a writ of attachment, injunction, habeas corpus,
94.36 mandamus, quo warranto, certiorari, or other writs not
94.37 specifically mentioned, $10.
94.38 (5) Issuing a transcript of judgment, or for filing and
95.1 docketing a transcript of judgment from another court, $7.50.
95.2 (6) Filing and entering a satisfaction of judgment, partial
95.3 satisfaction, or assignment of judgment, $5.
95.4 (7) Certificate as to existence or nonexistence of
95.5 judgments docketed, $5 for each name certified to.
95.6 (8) Filing and indexing trade name; or recording basic
95.7 science certificate; or recording certificate of physicians,
95.8 osteopaths, chiropractors, veterinarians, or optometrists, $5.
95.9 (9) For the filing of each partial, final, or annual
95.10 account in all trusteeships, $10.
95.11 (10) For the deposit of a will, $5.
95.12 (11) For recording notary commission, $25, of which,
95.13 notwithstanding subdivision 1a, paragraph (b), $20 must be
95.14 forwarded to the state treasurer to be deposited in the state
95.15 treasury and credited to the general fund.
95.16 (12) Filing a motion or response to a motion for
95.17 modification of child support, a fee fixed by rule or order of
95.18 the supreme court.
95.19 (13) All other services required by law for which no fee is
95.20 provided, such fee as compares favorably with those herein
95.21 provided, or such as may be fixed by rule or order of the court.
95.22 (14) In addition to any other filing fees under this
95.23 chapter, a surcharge in the amount of $75 must be assessed in
95.24 accordance with section 259.52, subdivision 14, for each
95.25 adoption petition filed in district court to fund the fathers'
95.26 adoption registry under section 259.52.
95.27 The fees in clauses (3) and (4) need not be paid by a
95.28 public authority or the party the public authority represents.
95.29 Sec. 7. Minnesota Statutes 2000, section 357.022, is
95.30 amended to read:
95.31 357.022 [CONCILIATION COURT FEE.]
95.32 The court administrator in every county shall charge and
95.33 collect a filing fee of $15 $25 where the amount demanded is
95.34 less than $2,000 and $25 $35 where the amount demanded is $2,000
95.35 or more from every plaintiff and from every defendant when the
95.36 first paper for that party is filed in any conciliation court
96.1 action. This section does not apply to conciliation court
96.2 actions filed by the state. The court administrator shall
96.3 transmit the fees monthly to the state treasurer for deposit in
96.4 the state treasury and credit to the general fund.
96.5 ARTICLE 12
96.6 ECONOMIC DEVELOPMENT
96.7 Section 1. [APPROPRIATIONS AND REDUCTIONS.]
96.8 The dollar amounts in the columns under "APPROPRIATIONS"
96.9 are added to or, if shown in parentheses, subtracted from the
96.10 appropriations in Laws 2001, First Special Session chapter 4, or
96.11 other law to the specified agencies. The appropriations are
96.12 from the general fund or other named fund and are available for
96.13 the fiscal years indicated for each purpose. The figure "2002"
96.14 or "2003" means that the addition to or subtraction from the
96.15 appropriations listed under the figure are for the fiscal year
96.16 ending June 30, 2002, or June 30, 2003, respectively.
96.17 SUMMARY BY FUND
96.18 2002 2003 TOTAL
96.19 APPROPRIATIONS
96.20 General (1,899,000) (3,594,000) (5,493,000)
96.21 Special Revenue 100,000 100,000 200,000
96.22 CANCELLATIONS (10,426,000) -0- (10,426,000)
96.23 TRANSFERS IN 9,320,000 (650,000) 8,670,000
96.24 APPROPRIATIONS
96.25 Available for the Year
96.26 Ending June 30
96.27 2002 2003
96.28 Sec. 2. TRADE AND ECONOMIC DEVELOPMENT
96.29 Subdivision 1. Total
96.30 Appropriation (559,000) (761,000)
96.31 It is the legislature's intent that
96.32 base reductions in an agency's funding
96.33 be distributed across the agency's
96.34 accounts without a disproportionate
96.35 reduction from a single program.
96.36 Additionally, all budget reductions
96.37 should be made with an emphasis on
96.38 cutting administration and overhead
96.39 expenses, and with as little impact as
96.40 possible on programs and services.
96.41 Of these amounts:
96.42 (a) $80,000 the first year and $190,000
96.43 the second year are for reductions in
97.1 administrative costs.
97.2 (b) $146,000 the first year is a
97.3 reduction for strike salary savings.
97.4 (c) Other reductions are as stated in
97.5 this section.
97.6 Subd. 2. Business and Community
97.7 Development (55,000) (60,000)
97.8 Of these amounts:
97.9 (a) The base funding for the Minnesota
97.10 investment fund is reduced by $500,000
97.11 each year in the 2004-2005 biennium.
97.12 (b) $150,000 each year is added to the
97.13 base funding for the rural policy and
97.14 development center, beginning in fiscal
97.15 year 2004.
97.16 Subd. 3. Minnesota Trade Office (43,000) (270,000)
97.17 The Minnesota trade office's base
97.18 funding is reduced by $50,000 each year
97.19 of the 2004-2005 biennium from its base
97.20 funding for fiscal year 2003.
97.21 Subd. 4. Workforce Development -0- 215,000
97.22 $250,000 the second year is an
97.23 appropriation for the ISEEK program.
97.24 This is a onetime appropriation and is
97.25 not added to the agency's budget base.
97.26 Subd. 5. Office of Tourism (120,000) (340,000)
97.27 (a) No part of this reduction may be
97.28 accomplished by decreasing the grant to
97.29 the Mississippi River Parkway
97.30 Commission in Laws 2001, First Special
97.31 Session chapter 4, article 1, section
97.32 2, subdivision 5. The office of
97.33 tourism's base funding shall be reduced
97.34 by $350,000 each year in the 2004-2005
97.35 biennium from its base funding for
97.36 fiscal year 2003.
97.37 (b) $20,000 the second year is to
97.38 reduce funding for the snowbate program
97.39 in the Minnesota Film Board. Base
97.40 funding for the snowbate program shall
97.41 be $450,000 per year in the 2004-2005
97.42 biennium.
97.43 Subd. 6. Information and
97.44 Analysis (100,000) (100,000)
97.45 The base funding shall be reduced by an
97.46 additional $79,000 each year for the
97.47 2004-2005 biennium.
97.48 Subd. 7. Administrative
97.49 Support (15,000) (16,000)
97.50 Subd. 8. Dislocated
97.51 Worker Program
97.52 The commissioner of finance shall
97.53 transfer $13,200,000 from the general
98.1 fund to the workforce development fund
98.2 for the dislocated worker program.
98.3 This transfer shall occur within 14
98.4 days following final enactment of this
98.5 act. This subdivision is effective the
98.6 day following final enactment.
98.7 Subd. 9. Biomedical Innovation
98.8 and Commercialization Initiative
98.9 The Laws 2001, First Special Session
98.10 chapter 5, article 19, section 2,
98.11 appropriation of $10,000,000 for the
98.12 biomedical innovation and
98.13 commercialization initiative is
98.14 canceled to the general fund. This
98.15 cancellation is effective the day
98.16 following final enactment.
98.17 Sec. 3. MINNESOTA TECHNOLOGY,
98.18 INC. -0- (750,000)
98.19 Sec. 4. ECONOMIC SECURITY
98.20 Subdivision 1. Total
98.21 Appropriation (80,000) (559,000)
98.22 It is the legislature's intent that
98.23 base reductions in an agency's funding
98.24 be distributed across the agency's
98.25 accounts without a disproportionate
98.26 reduction from a single program.
98.27 Additionally, all budget reductions
98.28 should be made with an emphasis on
98.29 cutting administration and overhead
98.30 expenses, and with as little impact as
98.31 possible on programs and services.
98.32 To the extent that any reductions
98.33 reflected in the department would
98.34 violate federal requirements regarding
98.35 maintenance of effort, the commissioner
98.36 is authorized to exempt from reduction
98.37 the affected programs to the extent
98.38 required to comply with federal
98.39 regulations. The commissioner shall
98.40 realize the reductions that would
98.41 otherwise apply from programs and
98.42 administrative costs funded with
98.43 general fund dollars that do not have
98.44 maintenance of effort requirements.
98.45 The legislature's intent is that any
98.46 additional program reductions resulting
98.47 from this provision be done in a
98.48 proportional manner among the affected
98.49 programs.
98.50 If there is a vacancy in the position
98.51 of commissioner or deputy commissioner
98.52 in the department between the date of
98.53 enactment of this act and July 1, 2003,
98.54 the position may be filled only by an
98.55 acting commissioner or acting deputy
98.56 commissioner and may not be filled on a
98.57 permanent basis.
98.58 The department's base appropriation
98.59 shall be reduced by $200,000 in fiscal
98.60 year 2004 and then by an additional
98.61 $400,000 in fiscal year 2005 as a
98.62 result of reorganization of state
99.1 agencies.
99.2 Subd. 2. Workforce Services -0- (228,000)
99.3 The base reduction is $428,000 for each
99.4 year of the 2004-2005 biennium.
99.5 The base funding for the Minnesota
99.6 youth program is reduced by $500,000
99.7 each year in the 2004-2005 biennium.
99.8 Base funding for the displaced
99.9 homemakers program may not be reduced.
99.10 Subd. 3. Workforce Rehabilitation
99.11 Services -0- (204,000)
99.12 Subd. 4. Workforce Services for
99.13 the Blind -0- (127,000)
99.14 Subd. 5. Strike Salary
99.15 Savings (80,000) -0-
99.16 Sec. 5. HOUSING FINANCE
99.17 AGENCY -0- (216,000)
99.18 It is the legislature's intent that
99.19 base reductions in an agency's funding
99.20 be distributed across the agency's
99.21 accounts without a disproportionate
99.22 reduction from a single program.
99.23 Additionally, all budget reductions
99.24 should be made with an emphasis on
99.25 cutting administration and overhead
99.26 expenses, and with as little impact as
99.27 possible on programs and services.
99.28 The department's base funding shall be
99.29 reduced by an additional $457,000 each
99.30 year for the 2004-2005 biennium.
99.31 Sec. 6. DEPARTMENT OF
99.32 COMMERCE (506,000) (376,000)
99.33 Of these amounts:
99.34 (1) $44,000 in the first year and
99.35 $104,000 in the second year are for
99.36 staff reduction in the department of
99.37 commerce/administration program; and
99.38 (2) $59,000 in the first year and
99.39 $147,000 in the second year are for
99.40 staff reduction in the weights and
99.41 measures program.
99.42 (3) $50,000 the first year and $125,000
99.43 the second year are for administrative
99.44 cost reductions. The department's base
99.45 funding shall be reduced an additional
99.46 $25,000 each year for the 2004-2005
99.47 biennium.
99.48 (4) $353,000 the first year is a
99.49 reduction for strike salary savings.
99.50 Sec. 7. LABOR AND INDUSTRY (324,000) (402,000)
99.51 Summary by Fund
99.52 General (324,000) (502,000)
100.1 Special Revenue -0- 100,000
100.2 $70,000 the first year and $141,000 the
100.3 second year are for staff reductions.
100.4 $100,000 the second year is a transfer
100.5 from the workforce development fund for
100.6 statewide and agency indirect costs
100.7 associated with the apprenticeship
100.8 program.
100.9 Sec. 8. BUREAU OF MEDIATION
100.10 SERVICES (30,000) (30,000)
100.11 These amounts reduce labor-management
100.12 cooperation grants. Base funding for
100.13 labor-management cooperation grants is
100.14 $252,000 each year for the 2004-2005
100.15 biennium.
100.16 Sec. 9. MINNESOTA HISTORICAL SOCIETY
100.17 Subdivision 1. Total
100.18 Appropriation (400,000) (400,000)
100.19 It is the intention of the legislature
100.20 that all reductions in the society's
100.21 budget be implemented with the smallest
100.22 possible reduction in services and
100.23 without the closing of sites.
100.24 Subd. 2. Education
100.25 and Outreach (224,000) (224,000)
100.26 Base funding is reduced by $146,000
100.27 each year for the 2004-2005 biennium.
100.28 Subd. 3. Preservation
100.29 and Access (176,000) (176,000)
100.30 Base funding is reduced by $104,000
100.31 each year for the 2004-2005 biennium.
100.32 Sec. 10. [CANCELLATIONS AND TRANSFERS.]
100.33 Subdivision 1. [JOURNEY TRAVEL INFORMATION SYSTEM.] The
100.34 Laws 1999, chapter 223, article 1, section 2, subdivision 5,
100.35 appropriation to the office of tourism to fund the Journey
100.36 travel information system, estimated to be $426,000, is canceled
100.37 to the general fund.
100.38 Subd. 2. [RURAL POLICY DEVELOPMENT CENTER FUND.] After
100.39 July 1, 2003, and before June 30, 2004, the commissioner of
100.40 finance shall transfer $1,000,000 from the rural policy
100.41 development center fund established in Minnesota Statutes,
100.42 section 116J.422, to the general fund. After July 1, 2004, and
100.43 before June 30, 2005, the commissioner shall transfer an
100.44 additional $1,000,000 from the rural policy development center
100.45 fund to the general fund.
100.46 Subd. 3. [REAL ESTATE EDUCATION, RESEARCH, AND RECOVERY
101.1 FUND.] By June 15, 2002, the commissioner of finance shall
101.2 transfer $3,200,000 from the real estate education, research,
101.3 and recovery fund established under Minnesota Statutes, section
101.4 82.34, to the general fund.
101.5 Subd. 4. [WORLD TRADE CONFERENCE CENTER.] The balances of
101.6 all special revenue accounts for the World Trade Conference
101.7 Center in the trade office, estimated to be $30,000, are
101.8 transferred to the general fund.
101.9 Sec. 11. Minnesota Statutes 2000, section 82.34,
101.10 subdivision 3, is amended to read:
101.11 Subd. 3. [FEE FOR REAL ESTATE FUND.] Each real estate
101.12 broker, real estate salesperson, and real estate closing agent
101.13 entitled under this chapter to renew a license shall pay in
101.14 addition to the appropriate renewal fee a further fee of $50 $20
101.15 per licensing period which shall be credited to the real estate
101.16 education, research, and recovery fund. Any person who receives
101.17 an initial license shall pay, in addition to all other fees
101.18 payable, a fee of $75 if the license expires more than 12 months
101.19 after issuance, $50 if the license expires less than 12 months
101.20 after issuance $30.
101.21 Sec. 12. Laws 2001, First Special Session chapter 4,
101.22 article 1, section 4, subdivision 6, is amended to read:
101.23 Subd. 6. Economic Security Contingent Account
101.24 Beginning in the 2002-2003 biennium,
101.25 the first $2,000,000 deposited in each
101.26 year of the biennium into the economic
101.27 security contingent account created
101.28 under Minnesota Statutes, section
101.29 268.196, subdivision 3, shall be
101.30 transferred upon deposit to the
101.31 workforce development fund. Deposits
101.32 in excess of the $2,000,000, estimated
101.33 to amount to $650,000, shall be used
101.34 for purposes of the economic security
101.35 contingent account. It is the intent
101.36 of the legislature that in future
101.37 years, $2,000,000 each year will be
101.38 transferred in this manner transferred
101.39 upon deposit to the general fund.
101.40 [EFFECTIVE DATE.] This section is effective the day
101.41 following final enactment.
101.42 Sec. 13. Laws 2001, First Special Session chapter 4,
101.43 article 3, section 1, is amended to read:
102.1 Section 1. [DEPARTMENT OF ECONOMIC SECURITY ABOLISHED.]
102.2 The department of economic security is abolished.
102.3 [EFFECTIVE DATE.] This section is effective July 1,
102.4 2002 2003.
102.5 Sec. 14. Laws 2001, First Special Session chapter 4,
102.6 article 3, section 2, subdivision 1, is amended to read:
102.7 Subdivision 1. [TO DEPARTMENT OF TRADE AND ECONOMIC
102.8 DEVELOPMENT.] The responsibilities of the department of economic
102.9 security performed by its workforce services unit for employment
102.10 transition services, youth services, welfare-to-work services,
102.11 and workforce exchange services are transferred to the
102.12 department of trade and economic development.
102.13 [EFFECTIVE DATE.] This subdivision is effective July 1,
102.14 2002 2003.
102.15 Sec. 15. Laws 2001, First Special Session chapter 4,
102.16 article 3, section 3, is amended to read:
102.17 Sec. 3. [ORGANIZATION OF DEPARTMENT OF TRADE AND ECONOMIC
102.18 DEVELOPMENT.]
102.19 The department of trade and economic development shall have
102.20 a division of economic development consisting of business and
102.21 community development, the Minnesota trade office, tourism
102.22 division, information and analysis division, and administrative
102.23 support. The job skills partnership program shall be housed in
102.24 the department and shall have a policy, research, and evaluation
102.25 unit. The job skills partnership board shall provide
102.26 targeted-worker services to include the dislocated worker
102.27 program and welfare-to-work services formerly located in the
102.28 department of economic security. The board shall have a unit
102.29 providing special programs under a workforce transition services
102.30 unit.
102.31 [EFFECTIVE DATE.] This section is effective July 1,
102.32 2002 2003.
102.33 Sec. 16. [REORGANIZATION POWERS SUSPENDED.]
102.34 Notwithstanding Minnesota Statutes, section 16B.37, the
102.35 commissioner of administration may not issue a reorganization
102.36 order affecting the department of economic security until July
103.1 1, 2003.
103.2 Sec. 17. [EFFECTIVE DATE.]
103.3 Except as otherwise provided in this article, this article
103.4 is effective the day following final enactment.
103.5 ARTICLE 13
103.6 CANCELLATIONS, TRANSFERS, AND ADJUSTMENTS
103.7 Section 1. Minnesota Statutes 2000, section 16A.103,
103.8 subdivision 1a, is amended to read:
103.9 Subd. 1a. [FORECAST PARAMETERS.] The forecast must assume
103.10 the continuation of current laws and reasonable estimates of
103.11 projected growth in the national and state economies and
103.12 affected populations. Revenue must be estimated for all sources
103.13 provided for in current law. Expenditures must be estimated for
103.14 all obligations imposed by law and those projected to occur as a
103.15 result of inflation and variables outside the control of the
103.16 legislature. Expenditure estimates must not include an
103.17 allowance for inflation.
103.18 Sec. 2. Minnesota Statutes 2000, section 16A.103,
103.19 subdivision 1b, is amended to read:
103.20 Subd. 1b. [FORECAST VARIABLE.] In determining the rate of
103.21 inflation, the application of inflation, the amount of state
103.22 bonding as it affects debt service, the calculation of
103.23 investment income, and the other variables to be included in the
103.24 expenditure part of the forecast, the commissioner must consult
103.25 with the chairs and lead minority members of the senate state
103.26 government finance committee and the house ways and means
103.27 committee, and legislative fiscal staff. This consultation must
103.28 occur at least three weeks before the forecast is to be
103.29 released. No later than two weeks prior to the release of the
103.30 forecast, the commissioner must inform the chairs and lead
103.31 minority members of the senate state government finance
103.32 committee and the house ways and means committee, and
103.33 legislative fiscal staff of any changes in these variables from
103.34 the previous forecast.
103.35 Sec. 3. Minnesota Statutes 2000, section 16A.152,
103.36 subdivision 1, is amended to read:
104.1 Subdivision 1. [CASH FLOW ACCOUNT ESTABLISHED.] (a) A cash
104.2 flow account is created in the general fund in the state
104.3 treasury. Beginning July 1, 2003, the commissioner of finance
104.4 shall restrict part or all of the balance before reserves in the
104.5 general fund as may be necessary to fund the cash flow
104.6 account as provided by law, up to $350,000,000.
104.7 (b) The commissioner of finance shall transfer the amount
104.8 necessary to bring the total amount of the cash flow account to
104.9 $350,000,000 on July 1, 1995. The amounts restricted are
104.10 transferred to the cash flow account and shall remain in the
104.11 account until drawn down and used to meet cash flow deficiencies
104.12 resulting from uneven distribution of revenue collections and
104.13 required expenditures during a fiscal year.
104.14 Sec. 4. Minnesota Statutes 2001 Supplement, section
104.15 16A.152, subdivision 1a, is amended to read:
104.16 Subd. 1a. [BUDGET RESERVE.] A budget reserve account of
104.17 $653,000,000 is created in the general fund in the state
104.18 treasury. The commissioner of finance shall transfer to the
104.19 budget reserve account on July 1 of each odd-numbered year any
104.20 amounts specifically appropriated by law to the budget reserve.
104.21 Sec. 5. Minnesota Statutes 2001 Supplement, section
104.22 16A.152, subdivision 2, is amended to read:
104.23 Subd. 2. [ADDITIONAL REVENUES; PRIORITY.] If on the basis
104.24 of a forecast of general fund revenues and expenditures, the
104.25 commissioner of finance determines that there will be a positive
104.26 unrestricted budgetary general fund balance at the close of the
104.27 biennium, the commissioner of finance must allocate money to the
104.28 budget reserve until the total amount in the account equals the
104.29 amount set in this section $653,000,000.
104.30 The amounts necessary to meet the requirements of this
104.31 section are appropriated from the general fund within two weeks
104.32 after the forecast is released.
104.33 Sec. 6. Minnesota Statutes 2000, section 144.395,
104.34 subdivision 1, is amended to read:
104.35 Subdivision 1. [CREATION.] (a) The tobacco use prevention
104.36 and local public health endowment fund is created in the state
105.1 treasury. The state board of investment shall invest the fund
105.2 under section 11A.24. All earnings of the fund must be credited
105.3 to the fund. The principal of the fund must be maintained
105.4 inviolate, except that the principal may be used to make
105.5 expenditures from the fund for the purposes specified in this
105.6 section when the market value of the fund falls below 105
105.7 percent of the cumulative total of the tobacco settlement
105.8 payments received by the state and credited to the tobacco
105.9 settlement fund under section 16A.87, subdivision 2. For
105.10 purposes of this section, "principal" means an amount equal to
105.11 the cumulative total of the tobacco settlement payments received
105.12 by the state and credited to the tobacco settlement fund under
105.13 section 16A.87, subdivision 2.
105.14 (b) If the commissioner of finance determines that probable
105.15 receipts to the general fund will not be sufficient to meet the
105.16 need for expenditures from the general fund for a fiscal
105.17 biennium, the commissioner may use cash reserves of the tobacco
105.18 use prevention and local public health endowment fund to pay
105.19 expenses of the general fund. If cash reserves are transferred
105.20 to the general fund to meet cash flow needs, the cash flow
105.21 transfers must be returned to the endowment fund as soon as
105.22 sufficient cash balances are available in the general fund, but
105.23 in any event before the end of the fiscal biennium. Any
105.24 interest earned on cash flow transfers from the endowment fund
105.25 accrues to the endowment fund and not to the general fund.
105.26 Sec. 7. [BALANCES CANCELED TO GENERAL FUND.]
105.27 The unobligated balances in the following general fund
105.28 accounts created in the sections of Minnesota Statutes indicated
105.29 are canceled to the general fund in the fiscal years indicated:
105.30 (1) the budget reserve account, Minnesota Statutes, section
105.31 16A.152, subdivision 1a, estimated to be $653,000,000, in fiscal
105.32 year 2002;
105.33 (2) the local government aid reform account, Minnesota
105.34 Statutes, section 16A.1523, estimated to be $14,000,000, in
105.35 fiscal year 2003;
105.36 (3) the tax relief account, Minnesota Statutes, section
106.1 16A.1522, subdivision 4, estimated to be $158,148,000, in fiscal
106.2 year 2004; and
106.3 (4) $195,000,000 of the unobligated balance in the cash
106.4 flow account in Minnesota Statutes, section 16A.152, subdivision
106.5 1.
106.6 Sec. 8. [TIF GRANT FUND.]
106.7 Subdivision 1. [APPROPRIATION REDUCTION.] The
106.8 appropriations for the TIF grant account in Minnesota Statutes,
106.9 section 469.1799, subdivision 3, of $91,000,000 in fiscal year
106.10 2002 and $38,000,000 in fiscal year 2003 are canceled.
106.11 Subd. 2. [REPEALER.] Minnesota Statutes 2001 Supplement,
106.12 section 469.1799, subdivisions 1 and 3, are repealed.
106.13 Sec. 9. [TRANSFERS TO GENERAL FUND.]
106.14 Subdivision 1. [ASSIGNED RISK PLAN.] By June 30, 2002, the
106.15 commissioner of finance shall transfer $120,000,000 in assets of
106.16 the assigned risk plan created under Minnesota Statutes, section
106.17 79.252, to the general fund. $25,100,000 is appropriated from
106.18 the general fund to the commissioner of finance to fund the
106.19 settlement of the lawsuit entitled Danny's Trannys, Inc. et al.
106.20 v. State, et al., Ramsey County District Court No. C7-00-5714,
106.21 and to reimburse the tort claims account for amounts paid to
106.22 implement settlement of this lawsuit.
106.23 Subd. 2. [SPECIAL COMPENSATION FUND.] After June 1, 2003,
106.24 but no later than June 30, 2003, the commissioner of finance
106.25 shall transfer $230,000,000 in assets of the excess surplus
106.26 account of the special compensation fund created under Minnesota
106.27 Statutes, section 176.129, to the general fund.
106.28 Subd. 3. [REPEALER.] Laws 2000, chapter 447, section 25,
106.29 is repealed.
106.30 Sec. 10. [APPROPRIATIONS REDUCED AND CANCELED.]
106.31 Of the appropriations in Laws 2000, chapter 492, article 2,
106.32 to the metropolitan council for a bus transitway, the
106.33 appropriation for fiscal year 2001 is reduced to $4,000,000 and
106.34 the appropriation for fiscal year 2002 is canceled.
106.35 Sec. 11. [REPEALER.]
106.36 Minnesota Statutes 2001 Supplement, section 16A.1523, is
107.1 repealed.
107.2 Sec. 12. [EFFECTIVE DATE.]
107.3 This article is effective the day following final
107.4 enactment, except that section 6 is effective July 1, 2003.
107.5 ARTICLE 14
107.6 CONTINUING CARE AND LONG-TERM CARE
107.7 Section 1. Minnesota Statutes 2000, section 252.282,
107.8 subdivision 1, is amended to read:
107.9 Subdivision 1. [HOST COUNTY RESPONSIBILITY.] (a) For
107.10 purposes of this section, "local system needs planning" means
107.11 the determination of need for ICF/MR services by program type,
107.12 location, demographics, and size of licensed services for
107.13 persons with developmental disabilities or related conditions.
107.14 (b) This section does not apply to semi-independent living
107.15 services and residential-based habilitation services funded as
107.16 home and community-based services.
107.17 (c) In collaboration with the commissioner and ICF/MR
107.18 providers, counties shall complete a local system needs planning
107.19 process for each ICF/MR facility. Counties shall evaluate the
107.20 preferences and needs of persons with developmental disabilities
107.21 to determine resource demands through a systematic assessment
107.22 and planning process by May 15, 2000, and by July 1 every two
107.23 years thereafter beginning in 2001.
107.24 (d) A local system needs planning process shall be
107.25 undertaken more frequently when the needs or preferences of
107.26 consumers change significantly to require reformation of the
107.27 resources available to persons with developmental disabilities.
107.28 (e) A local system needs plan shall be amended anytime
107.29 recommendations for modifications to existing ICF/MR services
107.30 are made to the host county, including recommendations for:
107.31 (1) closure;
107.32 (2) relocation of services;
107.33 (3) downsizing; or
107.34 (4) rate adjustments exceeding 90 days duration to address
107.35 access; or
107.36 (5) modification of existing services for which a change in
108.1 the framework of service delivery is advocated.
108.2 Sec. 2. Minnesota Statutes 2000, section 252.282,
108.3 subdivision 3, is amended to read:
108.4 Subd. 3. [RECOMMENDATIONS.] (a) Upon completion of the
108.5 local system needs planning assessment, the host county shall
108.6 make recommendations by May 15, 2000, and by July 1 every two
108.7 years thereafter beginning in 2001. If no change is
108.8 recommended, a copy of the assessment along with corresponding
108.9 documentation shall be provided to the commissioner by July 1
108.10 prior to the contract year.
108.11 (b) Except as provided in section 252.292, subdivision 4,
108.12 recommendations regarding closures, relocations, or downsizings
108.13 that include a rate increase and recommendations regarding rate
108.14 adjustments exceeding 90 days shall be submitted to the
108.15 statewide advisory committee for review and determination, along
108.16 with the assessment, plan, and corresponding budget
108.17 documentation that supports the payment rate adjustment request.
108.18 (c) Recommendations for closures, relocations, and
108.19 downsizings that do not include a rate increase and for
108.20 modification of existing services for which a change in the
108.21 framework of service delivery is necessary shall be provided to
108.22 the commissioner by July 1 prior to the contract year or at
108.23 least 90 days prior to the anticipated change, along with the
108.24 assessment and corresponding documentation.
108.25 Sec. 3. Minnesota Statutes 2000, section 252.282,
108.26 subdivision 4, is amended to read:
108.27 Subd. 4. [STATEWIDE ADVISORY COMMITTEE.] (a) The
108.28 commissioner shall appoint a five-member statewide advisory
108.29 committee. The advisory committee shall include representatives
108.30 of providers and counties and the commissioner or the
108.31 commissioner's designee.
108.32 (b) The criteria for ranking proposals, already developed
108.33 in 1997 by a task force authorized by the legislature, shall be
108.34 adopted and incorporated into the decision-making process.
108.35 Specific guidelines, including:
108.36 (1) time frame for submission of requests;
109.1 (2) the funds appropriated by the legislature for the
109.2 purposes outlined in section 256B.5013, subdivisions 2 to 4; and
109.3 (3) state policy directions for the provision of services
109.4 to persons with developmental disabilities, shall be established
109.5 and announced through the State Register, and all requests shall
109.6 be considered in comparison to each other and the ranking
109.7 criteria. The advisory committee shall review and recommend
109.8 requests for to the commissioner for approval of facility rate
109.9 adjustments to address closures, downsizing, relocation, or
109.10 access needs within the county and shall forward recommendations
109.11 and documentation to the commissioner downsizings, or
109.12 relocations. The committee shall ensure that:
109.13 (1) applications are in compliance with applicable state
109.14 and federal law and with the state plan; and
109.15 (2) cost projections for the proposed service are within
109.16 fiscal limitations the fundings limits established by the
109.17 legislative appropriation; and
109.18 (3) their recommendations are submitted to the commissioner.
109.19 (c) The advisory committee shall review proposals and
109.20 submit recommendations to the commissioner within 60 days
109.21 following the published deadline for submission under
109.22 subdivision 5.
109.23 Sec. 4. Minnesota Statutes 2000, section 252.282,
109.24 subdivision 5, is amended to read:
109.25 Subd. 5. [RESPONSIBILITIES OF COMMISSIONER.] (a) In
109.26 collaboration with counties, providers, and the statewide
109.27 advisory committee, the commissioner shall ensure that services
109.28 recognize the preferences and needs of persons with
109.29 developmental disabilities and related conditions through a
109.30 recurring systemic review and assessment of ICF/MR facilities
109.31 within the state.
109.32 (b) The commissioner shall publish a notice in the State
109.33 Register twice each calendar year no less than biannually to
109.34 announce the opportunity for counties or providers to submit
109.35 requests for payment rate adjustments associated with plans for
109.36 downsizing, relocation, and closure of ICF/MR facilities.
110.1 (c) The commissioner shall designate funding parameters to
110.2 counties and to the statewide advisory committee for the overall
110.3 implementation of system needs within the fiscal resources
110.4 allocated by the legislature.
110.5 (d) The commissioner shall contract with ICF/MR providers.
110.6 The initial contracts shall cover the period from October 1,
110.7 2000, to December 31, 2001. Subsequent contracts shall be for
110.8 two-year periods beginning January 1, 2002.
110.9 Sec. 5. Minnesota Statutes 2000, section 256.9657,
110.10 subdivision 1, is amended to read:
110.11 Subdivision 1. [NURSING HOME LICENSE SURCHARGE.] (a)
110.12 Effective July 1, 1993, each non-state-operated nursing home
110.13 licensed under chapter 144A shall pay to the commissioner an
110.14 annual surcharge according to the schedule in subdivision 4.
110.15 The surcharge shall be calculated as $620 per licensed bed. If
110.16 the number of licensed beds is reduced, the surcharge shall be
110.17 based on the number of remaining licensed beds the second month
110.18 following the receipt of timely notice by the commissioner of
110.19 human services that beds have been delicensed. The nursing home
110.20 must notify the commissioner of health in writing when beds are
110.21 delicensed. The commissioner of health must notify the
110.22 commissioner of human services within ten working days after
110.23 receiving written notification. If the notification is received
110.24 by the commissioner of human services by the 15th of the month,
110.25 the invoice for the second following month must be reduced to
110.26 recognize the delicensing of beds. Beds on layaway status
110.27 continue to be subject to the surcharge. The commissioner of
110.28 human services must acknowledge a medical care surcharge appeal
110.29 within 30 days of receipt of the written appeal from the
110.30 provider.
110.31 (b) Effective July 1, 1994, the surcharge in paragraph (a)
110.32 shall be increased to $625.
110.33 (c) Effective August 15, 2003, the surcharge under
110.34 paragraph (b) shall be increased by an amount necessary to
110.35 ensure a net gain to the general fund of $9,620,000 during
110.36 fiscal year 2004 as a result of:
111.1 (1) the total transfers anticipated during the fiscal year
111.2 ending June 30, 2004, under section 256B.19, subdivision 1d,
111.3 paragraph (c);
111.4 (2) the county nursing home payment adjustments under
111.5 section 256B.431, subdivision 23, paragraph (c);
111.6 (3) the surcharges under this paragraph; and
111.7 (4) the nursing facility rate increases under section
111.8 256B.431, subdivision 37.
111.9 The increase under this paragraph shall not exceed $365 per bed.
111.10 (d) Effective August 15, 2004, the surcharge under
111.11 paragraph (c) shall be equal to an amount necessary to ensure a
111.12 net gain to the general fund each fiscal year of $10,228,000 as
111.13 a result of:
111.14 (1) the total transfers anticipated during the fiscal year
111.15 under section 256B.19, subdivision 1d, paragraph (c);
111.16 (2) the county nursing home payment adjustments under
111.17 section 256B.431, subdivision 23, paragraph (c);
111.18 (3) the surcharges under this paragraph; and
111.19 (4) the nursing facility rate increases under section
111.20 256B.431, subdivision 37.
111.21 The surcharge under this paragraph shall not exceed $365 per bed.
111.22 Sec. 6. Minnesota Statutes 2000, section 256B.0916,
111.23 subdivision 5, is amended to read:
111.24 Subd. 5. [ALLOCATION OF NEW DIVERSIONS AND PRIORITIES FOR
111.25 REASSIGNMENT OF RESOURCES AND APPROVAL OF INCREASED CAPACITY FOR
111.26 THE HOME AND COMMUNITY-BASED WAIVER FOR PERSONS WITH MENTAL
111.27 RETARDATION OR RELATED CONDITIONS.] In order to maximize the
111.28 number of persons served with waiver funds, (a) The commissioner
111.29 shall monitor county utilization of allocated resources and, as
111.30 appropriate, reassign resources not utilized and approve
111.31 increased capacity within available county allocations.
111.32 (b) Effective July 1, 2002, the commissioner shall
111.33 authorize the spending of new diversion resources beginning
111.34 January 1 of each year.
111.35 (c) Effective July 1, 2002, the commissioner shall manage
111.36 the reassignment of waiver resources that occur from persons who
112.1 have left the waiver in a manner that results in the cost
112.2 reduction equivalent to delaying the reuse of those waiver
112.3 resources by 180 days.
112.4 (d) Priority consideration for reassignment of resources
112.5 and approval of increased capacity shall be given to counties
112.6 with sufficient capacity and counties that form partnerships.
112.7 In addition to the priorities listed in Minnesota Rules, part
112.8 9525.1880, the commissioner shall also give priority
112.9 consideration to persons whose living situations are unstable
112.10 due to the age or incapacity of the primary caregiver and to
112.11 children to avoid out-of-home placement.
112.12 Sec. 7. Minnesota Statutes 2000, section 256B.19,
112.13 subdivision 1, is amended to read:
112.14 Subdivision 1. [DIVISION OF COST.] The state and county
112.15 share of medical assistance costs not paid by federal funds
112.16 shall be as follows:
112.17 (1) ninety percent state funds and ten percent county
112.18 funds, unless otherwise provided below;
112.19 (2) beginning January 1, 1992, 50 percent state funds and
112.20 50 percent county funds for the cost of placement of severely
112.21 emotionally disturbed children in regional treatment centers;
112.22 and
112.23 (3) beginning January 1, 2003, 80 percent state funds and
112.24 20 percent county funds for the costs of nursing facility
112.25 placements of persons with disabilities under the age of 65 that
112.26 have exceeded 90 days.
112.27 For counties that participate in a Medicaid demonstration
112.28 project under sections 256B.69 and 256B.71, the division of the
112.29 nonfederal share of medical assistance expenses for payments
112.30 made to prepaid health plans or for payments made to health
112.31 maintenance organizations in the form of prepaid capitation
112.32 payments, this division of medical assistance expenses shall be
112.33 95 percent by the state and five percent by the county of
112.34 financial responsibility.
112.35 In counties where prepaid health plans are under contract
112.36 to the commissioner to provide services to medical assistance
113.1 recipients, the cost of court ordered treatment ordered without
113.2 consulting the prepaid health plan that does not include
113.3 diagnostic evaluation, recommendation, and referral for
113.4 treatment by the prepaid health plan is the responsibility of
113.5 the county of financial responsibility.
113.6 Sec. 8. Minnesota Statutes 2000, section 256B.19,
113.7 subdivision 1d, is amended to read:
113.8 Subd. 1d. [PORTION OF NONFEDERAL SHARE TO BE PAID BY
113.9 CERTAIN COUNTIES.] (a) In addition to the percentage
113.10 contribution paid by a county under subdivision 1, the
113.11 governmental units designated in this subdivision shall be
113.12 responsible for an additional portion of the nonfederal share of
113.13 medical assistance cost. For purposes of this subdivision,
113.14 "designated governmental unit" means the counties of Becker,
113.15 Beltrami, Clearwater, Cook, Dodge, Hubbard, Itasca, Lake,
113.16 Pennington, Pipestone, Ramsey, St. Louis, Steele, Todd,
113.17 Traverse, and Wadena.
113.18 (b) Beginning in 1994, each of the governmental units
113.19 designated in this subdivision shall transfer before noon on May
113.20 31 to the state Medicaid agency an amount equal to the number of
113.21 licensed beds in any nursing home owned and operated by the
113.22 county, with the county named as licensee, multiplied by $5,723.
113.23 If two or more counties own and operate a nursing home, the
113.24 payment shall be prorated. These sums shall be part of the
113.25 designated governmental unit's portion of the nonfederal share
113.26 of medical assistance costs, but shall not be subject to payback
113.27 provisions of section 256.025.
113.28 (c) Beginning in 2002, in addition to any transfer under
113.29 paragraph (b), each of the governmental units designated in this
113.30 subdivision shall transfer before noon on May 31 to the state
113.31 Medicaid agency an amount equal to the number of licensed beds
113.32 in any nursing home owned and operated by the county on that
113.33 date, with the county named as licensee, multiplied by $10,784.
113.34 The provisions of paragraph (b) apply to transfers under this
113.35 paragraph.
113.36 (d) The commissioner may reduce the intergovernmental
114.1 transfers under paragraph (c) based on the commissioner's
114.2 determination of the payment rate in section 256B.431,
114.3 subdivision 23, paragraphs (c) and (d). Any adjustments must be
114.4 made on a per-bed basis and must result in an amount equivalent
114.5 to the total amount resulting from the rate adjustment in
114.6 section 256B.431, subdivision 23, paragraphs (c) and (d).
114.7 [EFFECTIVE DATE.] This section is effective the day
114.8 following final enactment.
114.9 Sec. 9. Minnesota Statutes 2000, section 256B.431,
114.10 subdivision 23, is amended to read:
114.11 Subd. 23. [COUNTY NURSING HOME PAYMENT ADJUSTMENTS.] (a)
114.12 Beginning in 1994, the commissioner shall pay a nursing home
114.13 payment adjustment on May 31 after noon to a county in which is
114.14 located a nursing home that, as of January 1 of the previous
114.15 year, was county-owned and operated, with the county named as
114.16 licensee by the commissioner of health, and had over 40 beds and
114.17 medical assistance occupancy in excess of 50 percent during the
114.18 reporting year ending September 30, 1991. The adjustment shall
114.19 be an amount equal to $16 per calendar day multiplied by the
114.20 number of beds licensed in the facility as of September 30, 1991.
114.21 (b) Payments under paragraph (a) are excluded from medical
114.22 assistance per diem rate calculations. These payments are
114.23 required notwithstanding any rule prohibiting medical assistance
114.24 payments from exceeding payments from private pay residents. A
114.25 facility receiving a payment under paragraph (a) may not
114.26 increase charges to private pay residents by an amount
114.27 equivalent to the per diem amount payments under paragraph (a)
114.28 would equal if converted to a per diem.
114.29 (c) Beginning in 2002, in addition to any payment under
114.30 paragraph (a), the commissioner shall pay to a nursing facility
114.31 described in paragraph (a) an adjustment in an amount equal to
114.32 $29.55 per calendar day multiplied by the number of beds
114.33 licensed in the facility on that date. The provisions of
114.34 paragraphs (a) and (b) apply to payments under this paragraph.
114.35 (d) The commissioner may reduce payments under paragraph (c)
114.36 based on the commissioner's determination of Medicare upper
115.1 payment limits. Any adjustments must be proportional to
115.2 adjustments made under section 256B.19, subdivision 1d,
115.3 paragraph (d).
115.4 [EFFECTIVE DATE.] This section is effective the day
115.5 following final enactment.
115.6 Sec. 10. Minnesota Statutes 2000, section 256B.431, is
115.7 amended by adding a subdivision to read:
115.8 Subd. 37. [NURSING HOME RATE INCREASES EFFECTIVE JULY 1,
115.9 2003.] For rate years beginning on or after July 1, 2003, the
115.10 commissioner shall provide to each nursing home reimbursed under
115.11 this section or section 256B.434 an increase in each case mix
115.12 payment rate equal to the increase in the per-bed surcharge paid
115.13 under section 256.9657, subdivision 1, paragraph (c) or (d),
115.14 divided by 365 and further divided by .80. The increase under
115.15 this subdivision shall be added following the determination of
115.16 the payment rate for the home under this chapter. The increase
115.17 shall not be subject to any annual percentage increase.
115.18 Sec. 11. Minnesota Statutes 2001 Supplement, section
115.19 256B.437, subdivision 2, is amended to read:
115.20 Subd. 2. [PLANNING AND DEVELOPMENT OF COMMUNITY-BASED
115.21 SERVICES.] (a) The commissioner of human services shall
115.22 establish a process to adjust the capacity and distribution of
115.23 long-term care services to equalize the supply and demand for
115.24 different types of services. This process must include
115.25 community planning, expansion or establishment of needed
115.26 services, and analysis of voluntary nursing facility closures.
115.27 (b) The purpose of this process is to support the planning
115.28 and development of community-based services. This process must
115.29 support early intervention, advocacy, and consumer protection
115.30 while providing resources and incentives for expanded county
115.31 planning and for nursing facilities to transition to meet
115.32 community needs.
115.33 (c) The process shall support and facilitate expansion of
115.34 community-based services under the county-administered
115.35 alternative care program under section 256B.0913 and waivers for
115.36 elderly under section 256B.0915, including, but not limited to,
116.1 the development of supportive services such as housing and
116.2 transportation. The process shall utilize community assessments
116.3 and planning developed for the community health services plan
116.4 and plan update and for the community social services act plan,
116.5 and other relevant information.
116.6 (d) The commissioners of health and human services, as
116.7 appropriate, shall provide, by July 15, 2001, available data
116.8 necessary for the county, including, but not limited to, data on
116.9 nursing facility bed distribution, housing with services
116.10 options, the closure of nursing facilities that occur outside of
116.11 the planned closure process, and approval of planned closures in
116.12 the county and contiguous counties.
116.13 (e) Each county shall submit to the commissioner of human
116.14 services, by October 15, 2001, a gaps analysis that identifies
116.15 local service needs, pending development of services, and any
116.16 other issues that would contribute to or impede further
116.17 development of community-based services. The gaps analysis must
116.18 also be sent to the local area agency on aging and, if
116.19 applicable, local SAIL projects, for review and comment. The
116.20 review and comment must assess needs across county boundaries.
116.21 The area agencies on aging and SAIL projects must provide the
116.22 commissioner and the counties with their review and analyses by
116.23 November 15, 2001.
116.24 (f) The addendum to the biennial plan shall be submitted
116.25 annually biennially, beginning December 31, 2001, and each
116.26 December 31 every other year thereafter in accordance with the
116.27 Community Social Services Act plan timeline, and shall include
116.28 recommendations for development of community-based
116.29 services. Area agencies on aging and SAIL projects must provide
116.30 the commissioner and the counties with their review and analyses
116.31 within 60 days following the Community Social Services Act plan
116.32 submission date. Both planning and implementation shall be
116.33 implemented within the amount of funding made available to the
116.34 county board for these purposes.
116.35 (g) The plan, within the funding allocated, shall:
116.36 (1) include the gaps analysis required by paragraph (e);
117.1 (2) involve providers, consumers, cities, townships,
117.2 businesses, and area agencies on aging in the planning process;
117.3 (3) address the availability of alternative care and
117.4 elderly waiver services for eligible recipients;
117.5 (4) address the development of other supportive services,
117.6 such as transit, housing, and workforce and economic
117.7 development; and
117.8 (5) estimate the cost and timelines for development.
117.9 (h) The biennial plan addendum shall be coordinated with
117.10 the county mental health plan for inclusion in the community
117.11 health services plan and included as an addendum to the
117.12 community social services plan.
117.13 (i) The county board having financial responsibility for
117.14 persons present in another county shall cooperate with that
117.15 county for planning and development of services.
117.16 (j) The county board shall cooperate in planning and
117.17 development of community-based services with other counties, as
117.18 necessary, and coordinate planning for long-term care services
117.19 that involve more than one county, within the funding allocated
117.20 for these purposes.
117.21 (k) The commissioners of health and human services, in
117.22 cooperation with county boards, shall report biennially to the
117.23 legislature by February 1 of each year, beginning February 1,
117.24 2002, regarding the development of community-based services,
117.25 transition or closure of nursing facilities, and specific gaps
117.26 in services in identified geographic areas that may require
117.27 additional resources or flexibility, as documented by the
117.28 process in this subdivision and reported to the commissioners by
117.29 December 31 of each year.
117.30 Sec. 12. Minnesota Statutes 2001 Supplement, section
117.31 256B.439, subdivision 1, is amended to read:
117.32 Subdivision 1. [DEVELOPMENT AND IMPLEMENTATION OF QUALITY
117.33 PROFILES.] (a) The commissioner of human services, in
117.34 cooperation with the commissioner of health, shall develop and
117.35 implement a quality profile system for nursing facilities and,
117.36 beginning not later than July 1, 2003 2004, other providers of
118.1 long-term care services, except when the quality profile system
118.2 would duplicate requirements under section 256B.5011, 256B.5012,
118.3 or 256B.5013. The system must be developed and implemented to
118.4 the extent possible without the collection of significant
118.5 amounts of new data. To the extent possible, the system must
118.6 incorporate or be coordinated with information on quality
118.7 maintained by area agencies on aging, long-term care trade
118.8 associations, and other entities. The system must be designed
118.9 to provide information on quality to:
118.10 (1) consumers and their families to facilitate informed
118.11 choices of service providers;
118.12 (2) providers to enable them to measure the results of
118.13 their quality improvement efforts and compare quality
118.14 achievements with other service providers; and
118.15 (3) public and private purchasers of long-term care
118.16 services to enable them to purchase high-quality care.
118.17 (b) The system must be developed in consultation with the
118.18 long-term care task force, area agencies on aging, and
118.19 representatives of consumers, providers, and labor unions.
118.20 Within the limits of available appropriations, the commissioners
118.21 may employ consultants to assist with this project.
118.22 Sec. 13. Minnesota Statutes 2001 Supplement, section
118.23 256B.439, subdivision 4, is amended to read:
118.24 Subd. 4. [DISSEMINATION OF QUALITY PROFILES.] By July
118.25 1, 2002 2003, the commissioners shall implement a system to
118.26 disseminate the quality profiles developed from consumer surveys
118.27 using the quality measurement tool. Profiles may be
118.28 disseminated to the Senior LinkAge line and to consumers,
118.29 providers, and purchasers of long-term care services through all
118.30 feasible printed and electronic outlets. The commissioners may
118.31 conduct a public awareness campaign to inform potential users
118.32 regarding profile contents and potential uses.
118.33 [EFFECTIVE DATE.] This section is effective the day
118.34 following final enactment.
118.35 Sec. 14. Minnesota Statutes 2001 Supplement, section
118.36 256B.5013, subdivision 1, is amended to read:
119.1 Subdivision 1. [VARIABLE RATE ADJUSTMENTS.] (a) For rate
119.2 years beginning on or after October 1, 2000, when there is a
119.3 documented increase in the resource needs of a current ICF/MR
119.4 recipient or recipients, or a person is admitted to a facility
119.5 who requires additional resources, the county of financial
119.6 responsibility may recommend approval of a variable rate to
119.7 enable the facility to meet the individual's increased needs.
119.8 Variable rate adjustments made under this subdivision replace
119.9 payments for persons with special needs under section 256B.501,
119.10 subdivision 8, and payments for persons with special needs for
119.11 crisis intervention services under section 256B.501, subdivision
119.12 8a. Resource needs directly attributable to an individual that
119.13 may be considered under the variable rate adjustment include
119.14 increased direct staff hours, other specialized services, and
119.15 equipment. The guidelines in paragraphs (a) to (d) apply for
119.16 the payment rate adjustments under this section. Facilities
119.17 with a base rate above the 50th percentile of the statewide
119.18 average reimbursement rate for a Class A facility or Class B
119.19 facility, whichever matches the facility licensure, are not
119.20 eligible for a variable rate adjustment. Variable rate
119.21 adjustments may not exceed a 12-month period, except when
119.22 approved for purposes established in paragraph (b), clause (1).
119.23 Variable rate adjustments approved solely on the basis of
119.24 changes on a developmental disabilities screening document will
119.25 end June 30, 2002.
119.26 (a) All persons must be screened according to section
119.27 256B.092, subdivisions 7 and 8, prior to implementation of the
119.28 new payment system, and annually thereafter, and when a variable
119.29 rate is being requested due to changes in the needs of the
119.30 recipient. Screening data shall be used to monitor changes as
119.31 follows:
119.32 (1) the functional ability of a recipient to care for and
119.33 maintain the recipient's own basic needs;
119.34 (2) the intensity of any aggressive or destructive
119.35 behavior; and
119.36 (3) any history of obstructive behavior in combination with
120.1 a diagnosis of psychosis or neurosis.
120.2 (b) A variable rate may be recommended by the county of
120.3 financial responsibility for increased service needs such as in
120.4 the following situations:
120.5 (1) a need for resources due to a change in resident day
120.6 program participation because the resident an individual's full
120.7 or partial retirement from participation in a day training and
120.8 habilitation service when the individual: (i) has reached the
120.9 age of 65 or has a change in health condition that makes it
120.10 difficult for the person to participate in day training and
120.11 habilitation services over an extended period of time because it
120.12 is medically contraindicated; and (ii) has expressed a desire
120.13 for change through the mental retardation and related conditions
120.14 screening process under section 256B.092; and
120.15 (2) a need for additional resources for intensive
120.16 short-term programming which is necessary prior to a recipient's
120.17 an individual's discharge to a less restrictive, more integrated
120.18 setting.;
120.19 Recommendations for a variable rate shall be used to link
120.20 resource needs to funding. The variable rate must be applied to
120.21 expenses related to increased direct staff hours, other
120.22 specialized services, and equipment.
120.23 (c) A recipient must be screened by the county of financial
120.24 responsibility using the developmental disabilities screening
120.25 document completed immediately prior to approval of a variable
120.26 rate by the county. A comparison of the updated screening and
120.27 the previous screening must demonstrate an increase in resource
120.28 needs.
120.29 (d) Rate adjustments projected to exceed the authorized
120.30 funding level associated with the person's profile must be
120.31 submitted to the commissioner.
120.32 (3) a demonstrated medical need that significantly impacts
120.33 the type or amount of services needed by the individual; or
120.34 (4) a demonstrated behavioral need that significantly
120.35 impacts the type or amount of services needed by the individual.
120.36 (e) (c) The county of financial responsibility must
121.1 indicate justify the purpose, the projected length of time that,
121.2 and the additional funding may be needed for the facility to
121.3 meet the needs of the individual. The need to continue an
121.4 individual variable rate must be reviewed at the end of the
121.5 anticipated duration of need but at least annually through the
121.6 completion of the developmental disabilities screening document.
121.7 (d) The facility shall provide a quarterly report to the
121.8 county case manager on the use of the variable rate funds and
121.9 the status of the individual on whose behalf the funds were
121.10 approved. The county case manager will forward the facility's
121.11 report with a recommendation to the commissioner to approve or
121.12 disapprove a continuation of the variable rate.
121.13 (e) Funds made available through the variable rate process
121.14 that are not used by the facility to meet the needs of the
121.15 individual for whom they were approved shall be returned to the
121.16 state.
121.17 Sec. 15. Minnesota Statutes 2000, section 256B.5013,
121.18 subdivision 2, is amended to read:
121.19 Subd. 2. [OTHER PAYMENT RATE ADJUSTMENTS.] Facility total
121.20 payment rates may be adjusted by the commissioner following the
121.21 recommendation of both the host county, with authorization from
121.22 a and the statewide advisory committee, if, through the local
121.23 system needs planning process, it is determined that a need
121.24 exists to amend the package of purchased services with a
121.25 resulting increase or decrease in costs. Except as provided in
121.26 section 252.292, subdivision 4, if a provider demonstrates that
121.27 the loss of revenues caused by the downsizing or closure of a
121.28 facility cannot be absorbed by the facility based on current
121.29 operations, the host county or the provider may submit a request
121.30 to the statewide advisory committee for a facility base rate
121.31 adjustment. Funds for this purpose are limited to those made
121.32 available through a legislative appropriation and published in
121.33 the State Register notice required by section 252.282,
121.34 subdivision 5.
121.35 Sec. 16. Minnesota Statutes 2000, section 256B.5013,
121.36 subdivision 4, is amended to read:
122.1 Subd. 4. [TEMPORARY RATE ADJUSTMENTS TO ADDRESS OCCUPANCY
122.2 AND ACCESS.] If a facility is operating at less than 100 percent
122.3 occupancy on September 30, 2000, or if a recipient is discharged
122.4 from a facility, Beginning July 1, 2002, the commissioner shall
122.5 adjust the total payment rate for up to 90 75 days for the
122.6 remaining recipients for facilities in which the monthly
122.7 occupancy rate of licensed beds is 75 percent or greater. This
122.8 mechanism shall not be used to pay for hospital or therapeutic
122.9 leave days beyond the maximums allowed. Facility payment
122.10 adjustments exceeding 90 days to address a demonstrated need for
122.11 access must be submitted to the statewide advisory committee
122.12 with a local system needs assessment, plan, and budget for
122.13 review and recommendation.
122.14 Sec. 17. Minnesota Statutes 2000, section 256B.5013,
122.15 subdivision 5, is amended to read:
122.16 Subd. 5. [REQUIRED OCCUPANCY DATA; PAYMENT ADJUSTMENTS.]
122.17 Facilities shall maintain and submit monthly occupancy bed use
122.18 data in the form of resident days and variable rate
122.19 information. When a variable rate is reported by a facility,
122.20 monthly bed use data shall be used to track the amount and time
122.21 span of the rate adjustment. The total payments made to a
122.22 facility may be adjusted based on concurrent changes in the
122.23 needs of recipients that are covered by a variable rate
122.24 adjustment. Any adjustment for multiple resident changes shall
122.25 not result in a decrease to the facility base rate by client and
122.26 report this data monthly in a format determined by the
122.27 commissioner.
122.28 Sec. 18. Minnesota Statutes 2000, section 256B.5013,
122.29 subdivision 6, is amended to read:
122.30 Subd. 6. [COMMISSIONER REVIEW COMMISSIONER'S
122.31 RESPONSIBILITIES.] During the initial contracting period, The
122.32 commissioner shall review the process of variable rate
122.33 adjustments to determine if the variable rate process is being
122.34 effectively implemented and whether the variable rate process
122.35 minimizes unnecessary detailed recordkeeping and meets recipient
122.36 needs.:
123.1 (1) make a determination to approve, deny, or modify a
123.2 request for a variable rate adjustment within 30 days of the
123.3 receipt of the completed application;
123.4 (2) notify the ICF/MR facility and county case manager of
123.5 the duration and conditions of variable rate adjustment
123.6 approvals;
123.7 (3) modify MMIS II service agreements to reimburse ICF/MR
123.8 facilities for approved variable rates;
123.9 (4) provide notification of legislatively appropriated
123.10 funding for facility closures, downsizings, and relocations;
123.11 (5) assess the fiscal impacts of the proposals for
123.12 closures, downsizings, and relocations forwarded for
123.13 consideration through the state advisory committee; and
123.14 (6) review the payment rate process on a biannual basis and
123.15 make recommendations to the legislature for necessary
123.16 adjustments to the review and approval process.
123.17 Sec. 19. Laws 2001, First Special Session chapter 9,
123.18 article 5, section 35, is amended to read:
123.19 Sec. 35. [DEVELOPMENT OF NEW NURSING FACILITY
123.20 REIMBURSEMENT SYSTEM.]
123.21 (a) The commissioner of human services shall develop and
123.22 report to the legislature by January 15, 2003 2004, a system to
123.23 replace the current nursing facility reimbursement system
123.24 established under Minnesota Statutes, sections 256B.431,
123.25 256B.434, and 256B.435.
123.26 (b) The system must be developed in consultation with the
123.27 long-term care task force and with representatives of consumers,
123.28 providers, and labor unions. Within the limits of available
123.29 appropriations, the commissioner may employ consultants to
123.30 assist with this project.
123.31 (c) The new reimbursement system must:
123.32 (1) provide incentives to enhance quality of life and
123.33 quality of care;
123.34 (2) recognize cost differences in the care of different
123.35 types of populations, including subacute care and dementia care;
123.36 (3) establish rates that are sufficient without being
124.1 excessive;
124.2 (4) be affordable for the state and for private-pay
124.3 residents;
124.4 (5) be sensitive to changing conditions in the long-term
124.5 care environment;
124.6 (6) avoid creating access problems related to insufficient
124.7 funding;
124.8 (7) allow providers maximum flexibility in their business
124.9 operations;
124.10 (8) recognize the need for capital investment to improve
124.11 physical plants; and
124.12 (9) provide incentives for the development and use of
124.13 private rooms.
124.14 (d) Notwithstanding Minnesota Statutes, section 256B.435,
124.15 the commissioner must not implement a performance-based
124.16 contracting system for nursing facilities prior to July 1, 2003
124.17 2004. The commissioner shall continue to reimburse nursing
124.18 facilities under Minnesota Statutes, section 256B.431 or
124.19 256B.434, until otherwise directed by law.
124.20 (e) The commissioner of human services, in consultation
124.21 with the commissioner of health, shall conduct or contract for a
124.22 time study to determine staff time being spent on various case
124.23 mix categories; recommend adjustments to the case mix weights
124.24 based on the time study data; and determine whether current
124.25 staffing standards are adequate for providing quality care based
124.26 on professional best practice and consumer experience. If the
124.27 commissioner determines the current standards are inadequate,
124.28 the commissioner shall determine an appropriate staffing
124.29 standard for the various case mix categories and the financial
124.30 implications of phasing into this standard over the next four
124.31 years.
124.32 Sec. 20. [REPEALER.]
124.33 Minnesota Statutes 2000, section 256B.0916, subdivision 1,
124.34 is repealed.
124.35 ARTICLE 15
124.36 HEALTH CARE
125.1 Section 1. Minnesota Statutes 2000, section 62J.692,
125.2 subdivision 4, is amended to read:
125.3 Subd. 4. [DISTRIBUTION OF FUNDS.] (a) The commissioner
125.4 shall annually distribute medical education funds to all
125.5 qualifying applicants based on the following criteria:
125.6 (1) total medical education funds available for
125.7 distribution;
125.8 (2) total number of eligible trainee FTEs in each clinical
125.9 medical education program; and
125.10 (3) the statewide average cost per trainee as determined by
125.11 the application information provided in the first year of the
125.12 biennium, by type of trainee, in each clinical medical education
125.13 program.
125.14 (b) Funds distributed shall not be used to displace current
125.15 funding appropriations from federal or state sources.
125.16 (c) Funds shall be distributed to the sponsoring
125.17 institutions indicating the amount to be distributed to each of
125.18 the sponsor's clinical medical education programs based on the
125.19 criteria in this subdivision and in accordance with the
125.20 commissioner's approval letter. Each clinical medical education
125.21 program must distribute funds to the training sites as specified
125.22 in the commissioner's approval letter. Sponsoring institutions,
125.23 which are accredited through an organization recognized by the
125.24 department of education or the health care financing
125.25 administration, may contract directly with training sites to
125.26 provide clinical training. To ensure the quality of clinical
125.27 training, those accredited sponsoring institutions must:
125.28 (1) develop contracts specifying the terms, expectations,
125.29 and outcomes of the clinical training conducted at sites; and
125.30 (2) take necessary action if the contract requirements are
125.31 not met. Action may include the withholding of payments under
125.32 this section or the removal of students from the site.
125.33 (d) Any funds not distributed in accordance with the
125.34 commissioner's approval letter must be returned to the medical
125.35 education and research fund within 30 days of receiving notice
125.36 from the commissioner. The commissioner shall distribute
126.1 returned funds to the appropriate training sites in accordance
126.2 with the commissioner's approval letter.
126.3 (e) The commissioner shall distribute no later than June 30
126.4 of each year an amount equal to the funds transferred under
126.5 section 62J.694, subdivision 2a, paragraph (b), plus interest at
126.6 a rate equal to the average earnings paid under section 62J.694,
126.7 subdivision 2a, to the University of Minnesota board of regents
126.8 for the costs of the academic health center as specified under
126.9 section 62J.694, subdivision 2a, paragraph (a).
126.10 Sec. 2. Minnesota Statutes 2001 Supplement, section
126.11 62J.692, subdivision 7, is amended to read:
126.12 Subd. 7. [TRANSFERS FROM THE COMMISSIONER OF HUMAN
126.13 SERVICES.] (a) The amount transferred according to section
126.14 256B.69, subdivision 5c, paragraph (a), clause (1), shall be
126.15 distributed by the commissioner to clinical medical education
126.16 programs that meet the qualifications of subdivision 3 based on
126.17 a distribution formula that reflects a summation of two factors:
126.18 (1) an education factor, which is determined by the total
126.19 number of eligible trainee FTEs and the total statewide average
126.20 costs per trainee, by type of trainee, in each clinical medical
126.21 education program; and
126.22 (2) a public program volume factor, which is determined by
126.23 the total volume of public program revenue received by each
126.24 training site as a percentage of all public program revenue
126.25 received by all training sites in the fund pool created under
126.26 this subdivision.
126.27 In this formula, the education factor shall be weighted at
126.28 50 percent and the public program volume factor shall be
126.29 weighted at 50 percent.
126.30 Public program revenue for the distribution formula shall
126.31 include revenue from medical assistance, prepaid medical
126.32 assistance, general assistance medical care, and prepaid general
126.33 assistance medical care. Training sites that receive no public
126.34 program revenue shall be ineligible for funds available under
126.35 this paragraph.
126.36 (b) Fifty percent of the amount transferred according to
127.1 section 256B.69, subdivision 5c, paragraph (a), clause (2),
127.2 shall be distributed by the commissioner to the University of
127.3 Minnesota board of regents for the purposes described in
127.4 sections 137.38 to 137.40. Of the remaining amount transferred
127.5 according to section 256B.69, subdivision 5c, paragraph (a),
127.6 clause (2), 24 percent of the amount shall be distributed by the
127.7 commissioner to the Hennepin County Medical Center for clinical
127.8 medical education. The remaining 26 percent of the amount
127.9 transferred shall be distributed by the commissioner in
127.10 accordance with subdivision 7a. If the federal approval is not
127.11 obtained for the matching funds under section 256B.69,
127.12 subdivision 5c, paragraph (a), clause (2), 100 percent of the
127.13 amount transferred under this paragraph shall be distributed by
127.14 the commissioner to the University of Minnesota board of regents
127.15 for the purposes described in sections 137.38 to 137.40.
127.16 (c) The amount transferred according to section 256B.69,
127.17 subdivision 5c, paragraph (a), clause (3), shall be distributed
127.18 by the commissioner upon receipt to the University of Minnesota
127.19 board of regents for the purposes of clinical graduate medical
127.20 education.
127.21 Sec. 3. Minnesota Statutes 2001 Supplement, section
127.22 62J.694, subdivision 2a, is amended to read:
127.23 Subd. 2a. [EXPENDITURE; ACADEMIC HEALTH CENTER ACCOUNT.]
127.24 (a) Beginning in January 2002, up to five percent of the fair
127.25 market value of the academic health center account is annually
127.26 appropriated to the board of regents for the costs of the
127.27 academic health center. Appropriations are to be transferred
127.28 quarterly and may only be used for instructional costs of health
127.29 professional programs at the academic health center and for
127.30 interdisciplinary academic initiatives within the academic
127.31 health center, except as specified in paragraph (b).
127.32 (b) Of the amount appropriated under paragraph (a),
127.33 $4,850,000 shall be transferred annually to the commissioner of
127.34 health no later than April 15 of each year for distribution
127.35 under section 62J.692, subdivision 4.
127.36 Sec. 4. Minnesota Statutes 2001 Supplement, section
128.1 256.01, subdivision 2, is amended to read:
128.2 Subd. 2. [SPECIFIC POWERS.] Subject to the provisions of
128.3 section 241.021, subdivision 2, the commissioner of human
128.4 services shall:
128.5 (1) Administer and supervise all forms of public assistance
128.6 provided for by state law and other welfare activities or
128.7 services as are vested in the commissioner. Administration and
128.8 supervision of human services activities or services includes,
128.9 but is not limited to, assuring timely and accurate distribution
128.10 of benefits, completeness of service, and quality program
128.11 management. In addition to administering and supervising human
128.12 services activities vested by law in the department, the
128.13 commissioner shall have the authority to:
128.14 (a) require county agency participation in training and
128.15 technical assistance programs to promote compliance with
128.16 statutes, rules, federal laws, regulations, and policies
128.17 governing human services;
128.18 (b) monitor, on an ongoing basis, the performance of county
128.19 agencies in the operation and administration of human services,
128.20 enforce compliance with statutes, rules, federal laws,
128.21 regulations, and policies governing welfare services and promote
128.22 excellence of administration and program operation;
128.23 (c) develop a quality control program or other monitoring
128.24 program to review county performance and accuracy of benefit
128.25 determinations;
128.26 (d) require county agencies to make an adjustment to the
128.27 public assistance benefits issued to any individual consistent
128.28 with federal law and regulation and state law and rule and to
128.29 issue or recover benefits as appropriate;
128.30 (e) delay or deny payment of all or part of the state and
128.31 federal share of benefits and administrative reimbursement
128.32 according to the procedures set forth in section 256.017;
128.33 (f) make contracts with and grants to public and private
128.34 agencies and organizations, both profit and nonprofit, and
128.35 individuals, using appropriated funds; and
128.36 (g) enter into contractual agreements with federally
129.1 recognized Indian tribes with a reservation in Minnesota to the
129.2 extent necessary for the tribe to operate a federally approved
129.3 family assistance program or any other program under the
129.4 supervision of the commissioner. The commissioner shall consult
129.5 with the affected county or counties in the contractual
129.6 agreement negotiations, if the county or counties wish to be
129.7 included, in order to avoid the duplication of county and tribal
129.8 assistance program services. The commissioner may establish
129.9 necessary accounts for the purposes of receiving and disbursing
129.10 funds as necessary for the operation of the programs.
129.11 (2) Inform county agencies, on a timely basis, of changes
129.12 in statute, rule, federal law, regulation, and policy necessary
129.13 to county agency administration of the programs.
129.14 (3) Administer and supervise all child welfare activities;
129.15 promote the enforcement of laws protecting handicapped,
129.16 dependent, neglected and delinquent children, and children born
129.17 to mothers who were not married to the children's fathers at the
129.18 times of the conception nor at the births of the children;
129.19 license and supervise child-caring and child-placing agencies
129.20 and institutions; supervise the care of children in boarding and
129.21 foster homes or in private institutions; and generally perform
129.22 all functions relating to the field of child welfare now vested
129.23 in the state board of control.
129.24 (4) Administer and supervise all noninstitutional service
129.25 to handicapped persons, including those who are visually
129.26 impaired, hearing impaired, or physically impaired or otherwise
129.27 handicapped. The commissioner may provide and contract for the
129.28 care and treatment of qualified indigent children in facilities
129.29 other than those located and available at state hospitals when
129.30 it is not feasible to provide the service in state hospitals.
129.31 (5) Assist and actively cooperate with other departments,
129.32 agencies and institutions, local, state, and federal, by
129.33 performing services in conformity with the purposes of Laws
129.34 1939, chapter 431.
129.35 (6) Act as the agent of and cooperate with the federal
129.36 government in matters of mutual concern relative to and in
130.1 conformity with the provisions of Laws 1939, chapter 431,
130.2 including the administration of any federal funds granted to the
130.3 state to aid in the performance of any functions of the
130.4 commissioner as specified in Laws 1939, chapter 431, and
130.5 including the promulgation of rules making uniformly available
130.6 medical care benefits to all recipients of public assistance, at
130.7 such times as the federal government increases its participation
130.8 in assistance expenditures for medical care to recipients of
130.9 public assistance, the cost thereof to be borne in the same
130.10 proportion as are grants of aid to said recipients.
130.11 (7) Establish and maintain any administrative units
130.12 reasonably necessary for the performance of administrative
130.13 functions common to all divisions of the department.
130.14 (8) Act as designated guardian of both the estate and the
130.15 person of all the wards of the state of Minnesota, whether by
130.16 operation of law or by an order of court, without any further
130.17 act or proceeding whatever, except as to persons committed as
130.18 mentally retarded. For children under the guardianship of the
130.19 commissioner whose interests would be best served by adoptive
130.20 placement, the commissioner may contract with a licensed
130.21 child-placing agency or a Minnesota tribal social services
130.22 agency to provide adoption services. A contract with a licensed
130.23 child-placing agency must be designed to supplement existing
130.24 county efforts and may not replace existing county programs,
130.25 unless the replacement is agreed to by the county board and the
130.26 appropriate exclusive bargaining representative or the
130.27 commissioner has evidence that child placements of the county
130.28 continue to be substantially below that of other counties.
130.29 Funds encumbered and obligated under an agreement for a specific
130.30 child shall remain available until the terms of the agreement
130.31 are fulfilled or the agreement is terminated.
130.32 (9) Act as coordinating referral and informational center
130.33 on requests for service for newly arrived immigrants coming to
130.34 Minnesota.
130.35 (10) The specific enumeration of powers and duties as
130.36 hereinabove set forth shall in no way be construed to be a
131.1 limitation upon the general transfer of powers herein contained.
131.2 (11) Establish county, regional, or statewide schedules of
131.3 maximum fees and charges which may be paid by county agencies
131.4 for medical, dental, surgical, hospital, nursing and nursing
131.5 home care and medicine and medical supplies under all programs
131.6 of medical care provided by the state and for congregate living
131.7 care under the income maintenance programs.
131.8 (12) Have the authority to conduct and administer
131.9 experimental projects to test methods and procedures of
131.10 administering assistance and services to recipients or potential
131.11 recipients of public welfare. To carry out such experimental
131.12 projects, it is further provided that the commissioner of human
131.13 services is authorized to waive the enforcement of existing
131.14 specific statutory program requirements, rules, and standards in
131.15 one or more counties. The order establishing the waiver shall
131.16 provide alternative methods and procedures of administration,
131.17 shall not be in conflict with the basic purposes, coverage, or
131.18 benefits provided by law, and in no event shall the duration of
131.19 a project exceed four years. It is further provided that no
131.20 order establishing an experimental project as authorized by the
131.21 provisions of this section shall become effective until the
131.22 following conditions have been met:
131.23 (a) The secretary of health and human services of the
131.24 United States has agreed, for the same project, to waive state
131.25 plan requirements relative to statewide uniformity.
131.26 (b) A comprehensive plan, including estimated project
131.27 costs, shall be approved by the legislative advisory commission
131.28 and filed with the commissioner of administration.
131.29 (13) According to federal requirements, establish
131.30 procedures to be followed by local welfare boards in creating
131.31 citizen advisory committees, including procedures for selection
131.32 of committee members.
131.33 (14) Allocate federal fiscal disallowances or sanctions
131.34 which are based on quality control error rates for the aid to
131.35 families with dependent children program formerly codified in
131.36 sections 256.72 to 256.87, medical assistance, or food stamp
132.1 program in the following manner:
132.2 (a) One-half of the total amount of the disallowance shall
132.3 be borne by the county boards responsible for administering the
132.4 programs. For the medical assistance and the AFDC program
132.5 formerly codified in sections 256.72 to 256.87, disallowances
132.6 shall be shared by each county board in the same proportion as
132.7 that county's expenditures for the sanctioned program are to the
132.8 total of all counties' expenditures for the AFDC program
132.9 formerly codified in sections 256.72 to 256.87, and medical
132.10 assistance programs. For the food stamp program, sanctions
132.11 shall be shared by each county board, with 50 percent of the
132.12 sanction being distributed to each county in the same proportion
132.13 as that county's administrative costs for food stamps are to the
132.14 total of all food stamp administrative costs for all counties,
132.15 and 50 percent of the sanctions being distributed to each county
132.16 in the same proportion as that county's value of food stamp
132.17 benefits issued are to the total of all benefits issued for all
132.18 counties. Each county shall pay its share of the disallowance
132.19 to the state of Minnesota. When a county fails to pay the
132.20 amount due hereunder, the commissioner may deduct the amount
132.21 from reimbursement otherwise due the county, or the attorney
132.22 general, upon the request of the commissioner, may institute
132.23 civil action to recover the amount due.
132.24 (b) Notwithstanding the provisions of paragraph (a), if the
132.25 disallowance results from knowing noncompliance by one or more
132.26 counties with a specific program instruction, and that knowing
132.27 noncompliance is a matter of official county board record, the
132.28 commissioner may require payment or recover from the county or
132.29 counties, in the manner prescribed in paragraph (a), an amount
132.30 equal to the portion of the total disallowance which resulted
132.31 from the noncompliance, and may distribute the balance of the
132.32 disallowance according to paragraph (a).
132.33 (15) Develop and implement special projects that maximize
132.34 reimbursements and result in the recovery of money to the
132.35 state. For the purpose of recovering state money, the
132.36 commissioner may enter into contracts with third parties. Any
133.1 recoveries that result from projects or contracts entered into
133.2 under this paragraph shall be deposited in the state treasury
133.3 and credited to a special account until the balance in the
133.4 account reaches $1,000,000. When the balance in the account
133.5 exceeds $1,000,000, the excess shall be transferred and credited
133.6 to the general fund. All money in the account is appropriated
133.7 to the commissioner for the purposes of this paragraph.
133.8 (16) Have the authority to make direct payments to
133.9 facilities providing shelter to women and their children
133.10 according to section 256D.05, subdivision 3. Upon the written
133.11 request of a shelter facility that has been denied payments
133.12 under section 256D.05, subdivision 3, the commissioner shall
133.13 review all relevant evidence and make a determination within 30
133.14 days of the request for review regarding issuance of direct
133.15 payments to the shelter facility. Failure to act within 30 days
133.16 shall be considered a determination not to issue direct payments.
133.17 (17) Have the authority to establish and enforce the
133.18 following county reporting requirements:
133.19 (a) The commissioner shall establish fiscal and statistical
133.20 reporting requirements necessary to account for the expenditure
133.21 of funds allocated to counties for human services programs.
133.22 When establishing financial and statistical reporting
133.23 requirements, the commissioner shall evaluate all reports, in
133.24 consultation with the counties, to determine if the reports can
133.25 be simplified or the number of reports can be reduced.
133.26 (b) The county board shall submit monthly or quarterly
133.27 reports to the department as required by the commissioner.
133.28 Monthly reports are due no later than 15 working days after the
133.29 end of the month. Quarterly reports are due no later than 30
133.30 calendar days after the end of the quarter, unless the
133.31 commissioner determines that the deadline must be shortened to
133.32 20 calendar days to avoid jeopardizing compliance with federal
133.33 deadlines or risking a loss of federal funding. Only reports
133.34 that are complete, legible, and in the required format shall be
133.35 accepted by the commissioner.
133.36 (c) If the required reports are not received by the
134.1 deadlines established in clause (b), the commissioner may delay
134.2 payments and withhold funds from the county board until the next
134.3 reporting period. When the report is needed to account for the
134.4 use of federal funds and the late report results in a reduction
134.5 in federal funding, the commissioner shall withhold from the
134.6 county boards with late reports an amount equal to the reduction
134.7 in federal funding until full federal funding is received.
134.8 (d) A county board that submits reports that are late,
134.9 illegible, incomplete, or not in the required format for two out
134.10 of three consecutive reporting periods is considered
134.11 noncompliant. When a county board is found to be noncompliant,
134.12 the commissioner shall notify the county board of the reason the
134.13 county board is considered noncompliant and request that the
134.14 county board develop a corrective action plan stating how the
134.15 county board plans to correct the problem. The corrective
134.16 action plan must be submitted to the commissioner within 45 days
134.17 after the date the county board received notice of noncompliance.
134.18 (e) The final deadline for fiscal reports or amendments to
134.19 fiscal reports is one year after the date the report was
134.20 originally due. If the commissioner does not receive a report
134.21 by the final deadline, the county board forfeits the funding
134.22 associated with the report for that reporting period and the
134.23 county board must repay any funds associated with the report
134.24 received for that reporting period.
134.25 (f) The commissioner may not delay payments, withhold
134.26 funds, or require repayment under paragraph (c) or (e) if the
134.27 county demonstrates that the commissioner failed to provide
134.28 appropriate forms, guidelines, and technical assistance to
134.29 enable the county to comply with the requirements. If the
134.30 county board disagrees with an action taken by the commissioner
134.31 under paragraph (c) or (e), the county board may appeal the
134.32 action according to sections 14.57 to 14.69.
134.33 (g) Counties subject to withholding of funds under
134.34 paragraph (c) or forfeiture or repayment of funds under
134.35 paragraph (e) shall not reduce or withhold benefits or services
134.36 to clients to cover costs incurred due to actions taken by the
135.1 commissioner under paragraph (c) or (e).
135.2 (18) Allocate federal fiscal disallowances or sanctions for
135.3 audit exceptions when federal fiscal disallowances or sanctions
135.4 are based on a statewide random sample for the foster care
135.5 program under title IV-E of the Social Security Act, United
135.6 States Code, title 42, in direct proportion to each county's
135.7 title IV-E foster care maintenance claim for that period.
135.8 (19) Be responsible for ensuring the detection, prevention,
135.9 investigation, and resolution of fraudulent activities or
135.10 behavior by applicants, recipients, and other participants in
135.11 the human services programs administered by the department.
135.12 (20) Require county agencies to identify overpayments,
135.13 establish claims, and utilize all available and cost-beneficial
135.14 methodologies to collect and recover these overpayments in the
135.15 human services programs administered by the department.
135.16 (21) Have the authority to administer a drug rebate program
135.17 for drugs purchased pursuant to the prescription drug program
135.18 established under section 256.955 after the beneficiary's
135.19 satisfaction of any deductible established in the program. The
135.20 commissioner shall require a rebate agreement from all
135.21 manufacturers of covered drugs as defined in section 256B.0625,
135.22 subdivision 13. Rebate agreements for prescription drugs
135.23 delivered on or after July 1, 2002, must include rebates for
135.24 individuals covered under the prescription drug program who are
135.25 under 65 years of age. For each drug, the amount of the rebate
135.26 shall be equal to the basic rebate as defined for purposes of
135.27 the federal rebate program in United States Code, title 42,
135.28 section 1396r-8(c)(1). This basic rebate shall be applied to
135.29 single-source and multiple-source drugs. The manufacturers must
135.30 provide full payment within 30 days of receipt of the state
135.31 invoice for the rebate within the terms and conditions used for
135.32 the federal rebate program established pursuant to section 1927
135.33 of title XIX of the Social Security Act. The manufacturers must
135.34 provide the commissioner with any information necessary to
135.35 verify the rebate determined per drug. The rebate program shall
135.36 utilize the terms and conditions used for the federal rebate
136.1 program established pursuant to section 1927 of title XIX of the
136.2 Social Security Act.
136.3 (22) Have the authority to administer the federal drug
136.4 rebate program for drugs purchased under the medical assistance
136.5 program as allowed by section 1927 of title XIX of the Social
136.6 Security Act and according to the terms and conditions of
136.7 section 1927. Rebates shall be collected for all drugs that
136.8 have been dispensed or administered in an outpatient setting and
136.9 that are from manufacturers who have signed a rebate agreement
136.10 with the United States Department of Health and Human Services.
136.11 (23) Have the authority to administer a supplemental drug
136.12 rebate program for drugs purchased under the medical assistance
136.13 program and under the prescription drug program established in
136.14 section 256.955. The commissioner may enter into supplemental
136.15 rebate contracts with pharmaceutical manufacturers and may
136.16 require prior authorization for drugs that are from
136.17 manufacturers that have not signed a supplemental rebate
136.18 contract. Prior authorization of drugs shall be subject to the
136.19 provisions of section 256B.0625, subdivision 13, paragraph (b).
136.20 (24) Operate the department's communication systems account
136.21 established in Laws 1993, First Special Session chapter 1,
136.22 article 1, section 2, subdivision 2, to manage shared
136.23 communication costs necessary for the operation of the programs
136.24 the commissioner supervises. A communications account may also
136.25 be established for each regional treatment center which operates
136.26 communications systems. Each account must be used to manage
136.27 shared communication costs necessary for the operations of the
136.28 programs the commissioner supervises. The commissioner may
136.29 distribute the costs of operating and maintaining communication
136.30 systems to participants in a manner that reflects actual usage.
136.31 Costs may include acquisition, licensing, insurance,
136.32 maintenance, repair, staff time and other costs as determined by
136.33 the commissioner. Nonprofit organizations and state, county,
136.34 and local government agencies involved in the operation of
136.35 programs the commissioner supervises may participate in the use
136.36 of the department's communications technology and share in the
137.1 cost of operation. The commissioner may accept on behalf of the
137.2 state any gift, bequest, devise or personal property of any
137.3 kind, or money tendered to the state for any lawful purpose
137.4 pertaining to the communication activities of the department.
137.5 Any money received for this purpose must be deposited in the
137.6 department's communication systems accounts. Money collected by
137.7 the commissioner for the use of communication systems must be
137.8 deposited in the state communication systems account and is
137.9 appropriated to the commissioner for purposes of this section.
137.10 (24) (25) Receive any federal matching money that is made
137.11 available through the medical assistance program for the
137.12 consumer satisfaction survey. Any federal money received for
137.13 the survey is appropriated to the commissioner for this
137.14 purpose. The commissioner may expend the federal money received
137.15 for the consumer satisfaction survey in either year of the
137.16 biennium.
137.17 (25) (26) Incorporate cost reimbursement claims from First
137.18 Call Minnesota and Greater Twin Cities United Way into the
137.19 federal cost reimbursement claiming processes of the department
137.20 according to federal law, rule, and regulations. Any
137.21 reimbursement received is appropriated to the commissioner and
137.22 shall be disbursed to First Call Minnesota and Greater Twin
137.23 Cities United Way according to normal department payment
137.24 schedules.
137.25 (26) (27) Develop recommended standards for foster care
137.26 homes that address the components of specialized therapeutic
137.27 services to be provided by foster care homes with those services.
137.28 Sec. 5. Minnesota Statutes 2001 Supplement, section
137.29 256.969, subdivision 3a, is amended to read:
137.30 Subd. 3a. [PAYMENTS.] (a) Acute care hospital billings
137.31 under the medical assistance program must not be submitted until
137.32 the recipient is discharged. However, the commissioner shall
137.33 establish monthly interim payments for inpatient hospitals that
137.34 have individual patient lengths of stay over 30 days regardless
137.35 of diagnostic category. Except as provided in section 256.9693,
137.36 medical assistance reimbursement for treatment of mental illness
138.1 shall be reimbursed based on diagnostic classifications.
138.2 Individual hospital payments established under this section and
138.3 sections 256.9685, 256.9686, and 256.9695, in addition to third
138.4 party and recipient liability, for discharges occurring during
138.5 the rate year shall not exceed, in aggregate, the charges for
138.6 the medical assistance covered inpatient services paid for the
138.7 same period of time to the hospital. This payment limitation
138.8 shall be calculated separately for medical assistance and
138.9 general assistance medical care services. The limitation on
138.10 general assistance medical care shall be effective for
138.11 admissions occurring on or after July 1, 1991. Services that
138.12 have rates established under subdivision 11 or 12, must be
138.13 limited separately from other services. After consulting with
138.14 the affected hospitals, the commissioner may consider related
138.15 hospitals one entity and may merge the payment rates while
138.16 maintaining separate provider numbers. The operating and
138.17 property base rates per admission or per day shall be derived
138.18 from the best Medicare and claims data available when rates are
138.19 established. The commissioner shall determine the best Medicare
138.20 and claims data, taking into consideration variables of recency
138.21 of the data, audit disposition, settlement status, and the
138.22 ability to set rates in a timely manner. The commissioner shall
138.23 notify hospitals of payment rates by December 1 of the year
138.24 preceding the rate year. The rate setting data must reflect the
138.25 admissions data used to establish relative values. Base year
138.26 changes from 1981 to the base year established for the rate year
138.27 beginning January 1, 1991, and for subsequent rate years, shall
138.28 not be limited to the limits ending June 30, 1987, on the
138.29 maximum rate of increase under subdivision 1. The commissioner
138.30 may adjust base year cost, relative value, and case mix index
138.31 data to exclude the costs of services that have been
138.32 discontinued by the October 1 of the year preceding the rate
138.33 year or that are paid separately from inpatient services.
138.34 Inpatient stays that encompass portions of two or more rate
138.35 years shall have payments established based on payment rates in
138.36 effect at the time of admission unless the date of admission
139.1 preceded the rate year in effect by six months or more. In this
139.2 case, operating payment rates for services rendered during the
139.3 rate year in effect and established based on the date of
139.4 admission shall be adjusted to the rate year in effect by the
139.5 hospital cost index.
139.6 (b) For fee-for-service admissions occurring on or after
139.7 July 1, 2002, the total payment, before third-party liability
139.8 and spenddown, made to hospitals for inpatient services is
139.9 reduced by .5 percent from the current statutory rates.
139.10 Sec. 6. Minnesota Statutes 2001 Supplement, section
139.11 256B.056, subdivision 3, is amended to read:
139.12 Subd. 3. [ASSET LIMITATIONS FOR ELDERLY AND DISABLED
139.13 INDIVIDUALS.] To be eligible for medical assistance, a person
139.14 must not individually own more than $3,000 in assets, or if a
139.15 member of a household with two family members, husband and wife,
139.16 or parent and child, the household must not own more than $6,000
139.17 in assets, plus $200 for each additional legal dependent. In
139.18 addition to these maximum amounts, an eligible individual or
139.19 family may accrue interest on these amounts, but they must be
139.20 reduced to the maximum at the time of an eligibility
139.21 redetermination. The accumulation of the clothing and personal
139.22 needs allowance according to section 256B.35 must also be
139.23 reduced to the maximum at the time of the eligibility
139.24 redetermination. The value of assets that are not considered in
139.25 determining eligibility for medical assistance is the value of
139.26 those assets excluded under the supplemental security income
139.27 program for aged, blind, and disabled persons, with the
139.28 following exceptions:
139.29 (a) Household goods and personal effects are not considered.
139.30 (b) Capital and operating assets of a trade or business
139.31 that the local agency determines are necessary to the person's
139.32 ability to earn an income are not considered.
139.33 (c) Motor vehicles are excluded to the same extent excluded
139.34 by the supplemental security income program.
139.35 (d) Assets designated as burial expenses are excluded to
139.36 the same extent excluded by the supplemental security income
140.1 program. Burial expenses funded by annuity contracts or life
140.2 insurance policies must irrevocably designate the individual's
140.3 estate as contingent beneficiary to the extent proceeds are not
140.4 used for payment of selected burial expenses.
140.5 (e) Effective upon federal approval, for a person who no
140.6 longer qualifies as an employed person with a disability due to
140.7 loss of earnings, assets allowed while eligible for medical
140.8 assistance under section 256B.057, subdivision 9, are not
140.9 considered for 12 months, beginning with the first month of
140.10 ineligibility as an employed person with a disability, to the
140.11 extent that the person's total assets remain within the allowed
140.12 limits of section 256B.057, subdivision 9, paragraph (b).
140.13 Sec. 7. Minnesota Statutes 2000, section 256B.059,
140.14 subdivision 1, is amended to read:
140.15 Subdivision 1. [DEFINITIONS.] (a) For purposes of this
140.16 section and section 256B.0595, the terms defined in this
140.17 subdivision have the meanings given them.
140.18 (b) "Community spouse" means the spouse of an
140.19 institutionalized spouse.
140.20 (c) "Spousal share" means one-half of the total value of
140.21 all assets, to the extent that either the institutionalized
140.22 spouse or the community spouse had an ownership interest at the
140.23 time of institutionalization.
140.24 (d) "Assets otherwise available to the community spouse"
140.25 means assets individually or jointly owned by the community
140.26 spouse, other than assets excluded by subdivision 5, paragraph
140.27 (c).
140.28 (e) "Community spouse asset allowance" is the value of
140.29 assets that can be transferred under subdivision 3.
140.30 (f) "Institutionalized spouse" means a person who is:
140.31 (1) in a hospital, nursing facility, or intermediate care
140.32 facility for persons with mental retardation, or receiving home
140.33 and community-based services under section 256B.0915 or 256B.49,
140.34 and is expected to remain in the facility or institution or
140.35 receive the home and community-based services for at least 30
140.36 consecutive days; and
141.1 (2) married to a person who is not in a hospital, nursing
141.2 facility, or intermediate care facility for persons with mental
141.3 retardation, and is not receiving home and community-based
141.4 services under section 256B.0915 or 256B.49.
141.5 (g) "For the sole benefit of" means no other individual or
141.6 entity can benefit in any way from the assets or income at the
141.7 time of a transfer or at any time in the future.
141.8 Sec. 8. Minnesota Statutes 2000, section 256B.059,
141.9 subdivision 3, is amended to read:
141.10 Subd. 3. [COMMUNITY SPOUSE ASSET ALLOWANCE.] An
141.11 institutionalized spouse may transfer assets to the community
141.12 spouse solely for the sole benefit of the community spouse.
141.13 Except for increased amounts allowable under subdivision 4, the
141.14 maximum amount of assets allowed to be transferred is the amount
141.15 which, when added to the assets otherwise available to the
141.16 community spouse, is as follows:
141.17 (1) prior to July 1, 1994, the greater of:
141.18 (i) $14,148;
141.19 (ii) the lesser of the spousal share or $70,740; or
141.20 (iii) the amount required by court order to be paid to the
141.21 community spouse; and
141.22 (2) for persons whose date of initial determination of
141.23 eligibility for medical assistance following their first
141.24 continuous period of institutionalization occurs on or after
141.25 July 1, 1994, the greater of:
141.26 (i) $20,000;
141.27 (ii) the lesser of the spousal share or $70,740; or
141.28 (iii) the amount required by court order to be paid to the
141.29 community spouse.
141.30 If the assets available to the community spouse are already
141.31 at the limit permissible under this section, or the higher limit
141.32 attributable to increases under subdivision 4, no assets may be
141.33 transferred from the institutionalized spouse to the community
141.34 spouse. The transfer must be made as soon as practicable after
141.35 the date the institutionalized spouse is determined eligible for
141.36 medical assistance, or within the amount of time needed for any
142.1 court order required for the transfer. On January 1, 1994, and
142.2 every January 1 thereafter, the limits in this subdivision shall
142.3 be adjusted by the same percentage change in the consumer price
142.4 index for all urban consumers (all items; United States city
142.5 average) between the two previous Septembers. These adjustments
142.6 shall also be applied to the limits in subdivision 5.
142.7 Sec. 9. Minnesota Statutes 2000, section 256B.059,
142.8 subdivision 5, is amended to read:
142.9 Subd. 5. [ASSET AVAILABILITY.] (a) At the time of initial
142.10 determination of eligibility for medical assistance benefits
142.11 following the first continuous period of institutionalization on
142.12 or after October 1, 1989, assets considered available to the
142.13 institutionalized spouse shall be the total value of all assets
142.14 in which either spouse has an ownership interest, reduced by the
142.15 following amount for the community spouse:
142.16 (1) prior to July 1, 1994, the greater of:
142.17 (i) $14,148;
142.18 (ii) the lesser of the spousal share or $70,740; or
142.19 (iii) the amount required by court order to be paid to the
142.20 community spouse;
142.21 (2) for persons whose date of initial determination of
142.22 eligibility for medical assistance following their first
142.23 continuous period of institutionalization occurs on or after
142.24 July 1, 1994, the greater of:
142.25 (i) $20,000;
142.26 (ii) the lesser of the spousal share or $70,740; or
142.27 (iii) the amount required by court order to be paid to the
142.28 community spouse.
142.29 The value of assets transferred for the sole benefit of the
142.30 community spouse under section 256B.0595, subdivision 4, in
142.31 combination with other assets available to the community spouse
142.32 under this section, cannot exceed the limit for the community
142.33 spouse asset allowance determined under subdivision 3 or 4.
142.34 Assets that exceed this allowance shall be considered available
142.35 to the institutionalized spouse whether or not converted to
142.36 income. If the community spouse asset allowance has been
143.1 increased under subdivision 4, then the assets considered
143.2 available to the institutionalized spouse under this subdivision
143.3 shall be further reduced by the value of additional amounts
143.4 allowed under subdivision 4.
143.5 (b) An institutionalized spouse may be found eligible for
143.6 medical assistance even though assets in excess of the allowable
143.7 amount are found to be available under paragraph (a) if the
143.8 assets are owned jointly or individually by the community
143.9 spouse, and the institutionalized spouse cannot use those assets
143.10 to pay for the cost of care without the consent of the community
143.11 spouse, and if: (i) the institutionalized spouse assigns to the
143.12 commissioner the right to support from the community spouse
143.13 under section 256B.14, subdivision 3; (ii) the institutionalized
143.14 spouse lacks the ability to execute an assignment due to a
143.15 physical or mental impairment; or (iii) the denial of
143.16 eligibility would cause an imminent threat to the
143.17 institutionalized spouse's health and well-being.
143.18 (c) After the month in which the institutionalized spouse
143.19 is determined eligible for medical assistance, during the
143.20 continuous period of institutionalization, no assets of the
143.21 community spouse are considered available to the
143.22 institutionalized spouse, unless the institutionalized spouse
143.23 has been found eligible under paragraph (b).
143.24 (d) Assets determined to be available to the
143.25 institutionalized spouse under this section must be used for the
143.26 health care or personal needs of the institutionalized spouse.
143.27 (e) For purposes of this section, assets do not include
143.28 assets excluded under the supplemental security income program.
143.29 [EFFECTIVE DATE.] This section is effective July 1, 2002.
143.30 Sec. 10. Minnesota Statutes 2001 Supplement, section
143.31 256B.0595, subdivision 1, is amended to read:
143.32 Subdivision 1. [PROHIBITED TRANSFERS.] (a) For transfers
143.33 of assets made on or before August 10, 1993, if a person or the
143.34 person's spouse has given away, sold, or disposed of, for less
143.35 than fair market value, any asset or interest therein, except
143.36 assets other than the homestead that are excluded under the
144.1 supplemental security program, within 30 months before or any
144.2 time after the date of institutionalization if the person has
144.3 been determined eligible for medical assistance, or within 30
144.4 months before or any time after the date of the first approved
144.5 application for medical assistance if the person has not yet
144.6 been determined eligible for medical assistance, the person is
144.7 ineligible for long-term care services for the period of time
144.8 determined under subdivision 2.
144.9 (b) Effective for transfers made after August 10, 1993, a
144.10 person, a person's spouse, or any person, court, or
144.11 administrative body with legal authority to act in place of, on
144.12 behalf of, at the direction of, or upon the request of the
144.13 person or person's spouse, may not give away, sell, or dispose
144.14 of, for less than fair market value, any asset or interest
144.15 therein, except assets other than the homestead that are
144.16 excluded under the supplemental security income program, for the
144.17 purpose of establishing or maintaining medical assistance
144.18 eligibility. For purposes of determining eligibility for
144.19 long-term care services, any transfer of such assets within 36
144.20 months before or any time after an institutionalized person
144.21 applies for medical assistance, or 36 months before or any time
144.22 after a medical assistance recipient becomes institutionalized,
144.23 for less than fair market value may be considered. Any such
144.24 transfer is presumed to have been made for the purpose of
144.25 establishing or maintaining medical assistance eligibility and
144.26 the person is ineligible for long-term care services for the
144.27 period of time determined under subdivision 2, unless the person
144.28 furnishes convincing evidence to establish that the transaction
144.29 was exclusively for another purpose, or unless the transfer is
144.30 permitted under subdivision 3 or 4. Notwithstanding the
144.31 provisions of this paragraph, in the case of payments from a
144.32 trust or portions of a trust that are considered transfers of
144.33 assets under federal law, any transfers made within 60 months
144.34 before or any time after an institutionalized person applies for
144.35 medical assistance and within 60 months before or any time after
144.36 a medical assistance recipient becomes institutionalized, may be
145.1 considered.
145.2 (c) This section applies to transfers, for less than fair
145.3 market value, of income or assets, including assets that are
145.4 considered income in the month received, such as inheritances,
145.5 court settlements, and retroactive benefit payments or income to
145.6 which the person or the person's spouse is entitled but does not
145.7 receive due to action by the person, the person's spouse, or any
145.8 person, court, or administrative body with legal authority to
145.9 act in place of, on behalf of, at the direction of, or upon the
145.10 request of the person or the person's spouse.
145.11 (d) This section applies to payments for care or personal
145.12 services provided by a relative, unless the compensation was
145.13 stipulated in a notarized, written agreement which was in
145.14 existence when the service was performed, the care or services
145.15 directly benefited the person, and the payments made represented
145.16 reasonable compensation for the care or services provided. A
145.17 notarized written agreement is not required if payment for the
145.18 services was made within 60 days after the service was provided.
145.19 (e) This section applies to the portion of any asset or
145.20 interest that a person, a person's spouse, or any person, court,
145.21 or administrative body with legal authority to act in place of,
145.22 on behalf of, at the direction of, or upon the request of the
145.23 person or the person's spouse, transfers to any annuity that
145.24 exceeds the value of the benefit likely to be returned to the
145.25 person or spouse while alive, based on estimated life expectancy
145.26 using the life expectancy tables employed by the supplemental
145.27 security income program to determine the value of an agreement
145.28 for services for life. The commissioner may adopt rules
145.29 reducing life expectancies based on the need for long-term
145.30 care. This section applies to an annuity described in this
145.31 paragraph purchased on or after March 1, 2002, that:
145.32 (1) is not purchased from an insurance company or financial
145.33 institution that is subject to licensing or regulation by the
145.34 Minnesota department of commerce or a similar regulatory agency
145.35 of another state;
145.36 (2) does not pay out principal and interest in equal
146.1 monthly installments; or
146.2 (3) does not begin payment at the earliest possible date
146.3 after annuitization.
146.4 (f) For purposes of this section, long-term care services
146.5 include services in a nursing facility, services that are
146.6 eligible for payment according to section 256B.0625, subdivision
146.7 2, because they are provided in a swing bed, intermediate care
146.8 facility for persons with mental retardation, and home and
146.9 community-based services provided pursuant to sections
146.10 256B.0915, 256B.092, and 256B.49. For purposes of this
146.11 subdivision and subdivisions 2, 3, and 4, "institutionalized
146.12 person" includes a person who is an inpatient in a nursing
146.13 facility or in a swing bed, or intermediate care facility for
146.14 persons with mental retardation or who is receiving home and
146.15 community-based services under sections 256B.0915, 256B.092, and
146.16 256B.49.
146.17 Sec. 11. Minnesota Statutes 2001 Supplement, section
146.18 256B.0595, subdivision 2, is amended to read:
146.19 Subd. 2. [PERIOD OF INELIGIBILITY.] (a) For any
146.20 uncompensated transfer occurring on or before August 10, 1993,
146.21 the number of months of ineligibility for long-term care
146.22 services shall be the lesser of 30 months, or the uncompensated
146.23 transfer amount divided by the average medical assistance rate
146.24 for nursing facility services in the state in effect on the date
146.25 of application. The amount used to calculate the average
146.26 medical assistance payment rate shall be adjusted each July 1 to
146.27 reflect payment rates for the previous calendar year. The
146.28 period of ineligibility begins with the month in which the
146.29 assets were transferred. If the transfer was not reported to
146.30 the local agency at the time of application, and the applicant
146.31 received long-term care services during what would have been the
146.32 period of ineligibility if the transfer had been reported, a
146.33 cause of action exists against the transferee for the cost of
146.34 long-term care services provided during the period of
146.35 ineligibility, or for the uncompensated amount of the transfer,
146.36 whichever is less. The action may be brought by the state or
147.1 the local agency responsible for providing medical assistance
147.2 under chapter 256G. The uncompensated transfer amount is the
147.3 fair market value of the asset at the time it was given away,
147.4 sold, or disposed of, less the amount of compensation received.
147.5 (b) For uncompensated transfers made after August 10, 1993,
147.6 the number of months of ineligibility for long-term care
147.7 services shall be the total uncompensated value of the resources
147.8 transferred divided by the average medical assistance rate for
147.9 nursing facility services in the state in effect on the date of
147.10 application. The amount used to calculate the average medical
147.11 assistance payment rate shall be adjusted each July 1 to reflect
147.12 payment rates for the previous calendar year. The period of
147.13 ineligibility begins with the month in which the assets were
147.14 transferred except that if one or more uncompensated transfers
147.15 are made during a period of ineligibility, the total assets
147.16 transferred during the ineligibility period shall be combined
147.17 and a penalty period calculated to begin in the month the first
147.18 uncompensated transfer was made. If the transfer was not
147.19 reported to the local agency at the time of application, and the
147.20 applicant received medical assistance services during what would
147.21 have been the period of ineligibility if the transfer had been
147.22 reported, a cause of action exists against the transferee for
147.23 the cost of medical assistance services provided during the
147.24 period of ineligibility, or for the uncompensated amount of the
147.25 transfer, whichever is less. The action may be brought by the
147.26 state or the local agency responsible for providing medical
147.27 assistance under chapter 256G. The uncompensated transfer
147.28 amount is the fair market value of the asset at the time it was
147.29 given away, sold, or disposed of, less the amount of
147.30 compensation received. Effective for transfers made on or after
147.31 March 1, 1996, involving persons who apply for medical
147.32 assistance on or after April 13, 1996, no cause of action exists
147.33 for a transfer unless:
147.34 (1) the transferee knew or should have known that the
147.35 transfer was being made by a person who was a resident of a
147.36 long-term care facility or was receiving that level of care in
148.1 the community at the time of the transfer;
148.2 (2) the transferee knew or should have known that the
148.3 transfer was being made to assist the person to qualify for or
148.4 retain medical assistance eligibility; or
148.5 (3) the transferee actively solicited the transfer with
148.6 intent to assist the person to qualify for or retain eligibility
148.7 for medical assistance.
148.8 (c) If a calculation of a penalty period results in a
148.9 partial month, payments for long-term care services shall be
148.10 reduced in an amount equal to the fraction, except that in
148.11 calculating the value of uncompensated transfers, if the total
148.12 value of all uncompensated transfers made in a month not
148.13 included in an existing penalty period does not
148.14 exceed $500 $200, then such transfers shall be disregarded for
148.15 each month prior to the month of application for or during
148.16 receipt of medical assistance.
148.17 Sec. 12. Minnesota Statutes 2000, section 256B.0595,
148.18 subdivision 4, is amended to read:
148.19 Subd. 4. [OTHER EXCEPTIONS TO TRANSFER PROHIBITION.] An
148.20 institutionalized person who has made, or whose spouse has made
148.21 a transfer prohibited by subdivision 1, is not ineligible for
148.22 long-term care services if one of the following conditions
148.23 applies:
148.24 (1) the assets were transferred to the individual's spouse
148.25 or to another for the sole benefit of the spouse; or
148.26 (2) the institutionalized spouse, prior to being
148.27 institutionalized, transferred assets to a spouse, provided that
148.28 the spouse to whom the assets were transferred does not then
148.29 transfer those assets to another person for less than fair
148.30 market value. (At the time when one spouse is
148.31 institutionalized, assets must be allocated between the spouses
148.32 as provided under section 256B.059); or
148.33 (3) the assets were transferred to the individual's child
148.34 who is blind or permanently and totally disabled as determined
148.35 in the supplemental security income program; or
148.36 (4) a satisfactory showing is made that the individual
149.1 intended to dispose of the assets either at fair market value or
149.2 for other valuable consideration; or
149.3 (5) the local agency determines that denial of eligibility
149.4 for long-term care services would work an undue hardship and
149.5 grants a waiver of a penalty resulting from a transfer for less
149.6 than fair market value based on an imminent threat to the
149.7 individual's health and well-being. Whenever an applicant or
149.8 recipient is denied eligibility because of a transfer for less
149.9 than fair market value, the local agency shall notify the
149.10 applicant or recipient that the applicant or recipient may
149.11 request a waiver of the penalty if the denial of eligibility
149.12 will cause undue hardship. In evaluating a waiver, the local
149.13 agency shall take into account whether the individual was the
149.14 victim of financial exploitation, whether the individual has
149.15 made reasonable efforts to recover the transferred property or
149.16 resource, and other factors relevant to a determination of
149.17 hardship. If the local agency does not approve a hardship
149.18 waiver, the local agency shall issue a written notice to the
149.19 individual stating the reasons for the denial and the process
149.20 for appealing the local agency's decision. When a waiver is
149.21 granted, a cause of action exists against the person to whom the
149.22 assets were transferred for that portion of long-term care
149.23 services granted within:
149.24 (i) 30 months of a transfer made on or before August 10,
149.25 1993;
149.26 (ii) 60 months of a transfer if the assets were transferred
149.27 after August 30, 1993, to a trust or portion of a trust that is
149.28 considered a transfer of assets under federal law; or
149.29 (iii) 36 months of a transfer if transferred in any other
149.30 manner after August 10, 1993,
149.31 or the amount of the uncompensated transfer, whichever is less,
149.32 together with the costs incurred due to the action. The action
149.33 shall be brought by the state unless the state delegates this
149.34 responsibility to the local agency responsible for providing
149.35 medical assistance under this chapter; or
149.36 (6) for transfers occurring after August 10, 1993, the
150.1 assets were transferred by the person or person's spouse: (i)
150.2 into a trust established solely for the sole benefit of a son or
150.3 daughter of any age who is blind or disabled as defined by the
150.4 Supplemental Security Income program; or (ii) into a trust
150.5 established solely for the sole benefit of an individual who is
150.6 under 65 years of age who is disabled as defined by the
150.7 Supplemental Security Income program.
150.8 "For the sole benefit of" has the meaning found in section
150.9 256B.059, subdivision 1.
150.10 [EFFECTIVE DATE.] This section is effective July 1, 2002.
150.11 Sec. 13. Minnesota Statutes 2001 Supplement, section
150.12 256B.0625, subdivision 13, is amended to read:
150.13 Subd. 13. [DRUGS.] (a) Medical assistance covers drugs,
150.14 except for fertility drugs when specifically used to enhance
150.15 fertility, if prescribed by a licensed practitioner and
150.16 dispensed by a licensed pharmacist, by a physician enrolled in
150.17 the medical assistance program as a dispensing physician, or by
150.18 a physician or a nurse practitioner employed by or under
150.19 contract with a community health board as defined in section
150.20 145A.02, subdivision 5, for the purposes of communicable disease
150.21 control. The commissioner, after receiving recommendations from
150.22 professional medical associations and professional pharmacist
150.23 associations, shall designate a formulary committee to advise
150.24 the commissioner on the names of drugs for which payment is
150.25 made, recommend a system for reimbursing providers on a set fee
150.26 or charge basis rather than the present system, and develop
150.27 methods encouraging use of generic drugs when they are less
150.28 expensive and equally effective as trademark drugs. The
150.29 formulary committee shall consist of nine members, four of whom
150.30 shall be physicians who are not employed by the department of
150.31 human services, and a majority of whose practice is for persons
150.32 paying privately or through health insurance, three of whom
150.33 shall be pharmacists who are not employed by the department of
150.34 human services, and a majority of whose practice is for persons
150.35 paying privately or through health insurance, a consumer
150.36 representative, and a nursing home representative. Committee
151.1 members shall serve three-year terms and shall serve without
151.2 compensation. Members may be reappointed once.
151.3 (b) The commissioner shall establish a drug formulary. Its
151.4 establishment and publication shall not be subject to the
151.5 requirements of the Administrative Procedure Act, but the
151.6 formulary committee shall review and comment on the formulary
151.7 contents. The formulary committee shall review and recommend
151.8 drugs which require prior authorization. The formulary
151.9 committee may recommend drugs for prior authorization directly
151.10 to the commissioner, as long as opportunity for public input is
151.11 provided. Prior authorization may be requested by the
151.12 commissioner based on medical and clinical criteria before
151.13 certain drugs are eligible for payment. Before a drug may be
151.14 considered for prior authorization at the request of the
151.15 commissioner:
151.16 (1) the drug formulary committee must develop criteria to
151.17 be used for identifying drugs; the development of these criteria
151.18 is not subject to the requirements of chapter 14, but the
151.19 formulary committee shall provide opportunity for public input
151.20 in developing criteria;
151.21 (2) the drug formulary committee must hold a public forum
151.22 and receive public comment for an additional 15 days; and
151.23 (3) the commissioner must provide information to the
151.24 formulary committee on the impact that placing the drug on prior
151.25 authorization will have on the quality of patient care and
151.26 information regarding whether the drug is subject to clinical
151.27 abuse or misuse. Prior authorization may be required by the
151.28 commissioner before certain formulary drugs are eligible for
151.29 payment. The formulary shall not include:
151.30 (i) drugs or products for which there is no federal
151.31 funding;
151.32 (ii) over-the-counter drugs, except for antacids,
151.33 acetaminophen, family planning products, aspirin, insulin,
151.34 products for the treatment of lice, vitamins for adults with
151.35 documented vitamin deficiencies, vitamins for children under the
151.36 age of seven and pregnant or nursing women, and any other
152.1 over-the-counter drug identified by the commissioner, in
152.2 consultation with the drug formulary committee, as necessary,
152.3 appropriate, and cost-effective for the treatment of certain
152.4 specified chronic diseases, conditions or disorders, and this
152.5 determination shall not be subject to the requirements of
152.6 chapter 14;
152.7 (iii) anorectics, except that medically necessary
152.8 anorectics shall be covered for a recipient previously diagnosed
152.9 as having pickwickian syndrome and currently diagnosed as having
152.10 diabetes and being morbidly obese;
152.11 (iv) drugs for which medical value has not been
152.12 established; and
152.13 (v) drugs from manufacturers who have not signed a rebate
152.14 agreement with the Department of Health and Human Services
152.15 pursuant to section 1927 of title XIX of the Social Security Act.
152.16 The commissioner shall publish conditions for prohibiting
152.17 payment for specific drugs after considering the formulary
152.18 committee's recommendations. An honorarium of $100 per meeting
152.19 and reimbursement for mileage shall be paid to each committee
152.20 member in attendance.
152.21 (c) The basis for determining the amount of payment shall
152.22 be the lower of the actual acquisition costs of the drugs plus a
152.23 fixed dispensing fee; the maximum allowable cost set by the
152.24 federal government or by the commissioner plus the fixed
152.25 dispensing fee; or the usual and customary price charged to the
152.26 public. The pharmacy dispensing fee shall be $3.65, except that
152.27 the dispensing fee for intravenous solutions which must be
152.28 compounded by the pharmacist shall be $8 per bag, $14 per bag
152.29 for cancer chemotherapy products, and $30 per bag for total
152.30 parenteral nutritional products dispensed in one liter
152.31 quantities, or $44 per bag for total parenteral nutritional
152.32 products dispensed in quantities greater than one liter. Actual
152.33 acquisition cost includes quantity and other special discounts
152.34 except time and cash discounts. The actual acquisition cost of
152.35 a drug shall be estimated by the commissioner, at average
152.36 wholesale price minus nine percent, except that where a drug has
153.1 had its wholesale price reduced as a result of the actions of
153.2 the National Association of Medicaid Fraud Control Units, the
153.3 estimated actual acquisition cost shall be the reduced average
153.4 wholesale price, without the nine percent deduction. The
153.5 maximum allowable cost of a multisource drug may be set by the
153.6 commissioner and it shall be comparable to, but no higher than,
153.7 the maximum amount paid by other third-party payors in this
153.8 state who have maximum allowable cost programs. The
153.9 commissioner shall set maximum allowable costs for multisource
153.10 drugs that are not on the federal upper limit list as described
153.11 in United States Code, title 42, chapter 7, section 1396r-8(e),
153.12 the Social Security Act, and Code of Federal Regulations, title
153.13 42, part 447, section 447.332. Establishment of the amount of
153.14 payment for drugs shall not be subject to the requirements of
153.15 the Administrative Procedure Act. An additional dispensing fee
153.16 of $.30 may be added to the dispensing fee paid to pharmacists
153.17 for legend drug prescriptions dispensed to residents of
153.18 long-term care facilities when a unit dose blister card system,
153.19 approved by the department, is used. Under this type of
153.20 dispensing system, the pharmacist must dispense a 30-day supply
153.21 of drug. The National Drug Code (NDC) from the drug container
153.22 used to fill the blister card must be identified on the claim to
153.23 the department. The unit dose blister card containing the drug
153.24 must meet the packaging standards set forth in Minnesota Rules,
153.25 part 6800.2700, that govern the return of unused drugs to the
153.26 pharmacy for reuse. The pharmacy provider will be required to
153.27 credit the department for the actual acquisition cost of all
153.28 unused drugs that are eligible for reuse. Over-the-counter
153.29 medications must be dispensed in the manufacturer's unopened
153.30 package. The commissioner may permit the drug clozapine to be
153.31 dispensed in a quantity that is less than a 30-day supply.
153.32 Whenever a generically equivalent product is available, payment
153.33 shall be on the basis of the actual acquisition cost of the
153.34 generic drug, unless the prescriber specifically indicates
153.35 "dispense as written - brand necessary" on the prescription as
153.36 required by section 151.21, subdivision 2.
154.1 (d) For purposes of this subdivision, "multisource drugs"
154.2 means covered outpatient drugs, excluding innovator multisource
154.3 drugs for which there are two or more drug products, which:
154.4 (1) are related as therapeutically equivalent under the
154.5 Food and Drug Administration's most recent publication of
154.6 "Approved Drug Products with Therapeutic Equivalence
154.7 Evaluations";
154.8 (2) are pharmaceutically equivalent and bioequivalent as
154.9 determined by the Food and Drug Administration; and
154.10 (3) are sold or marketed in Minnesota.
154.11 "Innovator multisource drug" means a multisource drug that was
154.12 originally marketed under an original new drug application
154.13 approved by the Food and Drug Administration.
154.14 (e) The formulary committee shall review and recommend
154.15 drugs which require prior authorization. The formulary
154.16 committee may recommend drugs for prior authorization directly
154.17 to the commissioner, as long as opportunity for public input is
154.18 provided. Prior authorization may be requested by the
154.19 commissioner based on medical and clinical criteria and on cost
154.20 before certain drugs are eligible for payment. Before a drug
154.21 may be considered for prior authorization at the request of the
154.22 commissioner:
154.23 (1) the drug formulary committee must develop criteria to
154.24 be used for identifying drugs; the development of these criteria
154.25 is not subject to the requirements of chapter 14, but the
154.26 formulary committee shall provide opportunity for public input
154.27 in developing criteria;
154.28 (2) the drug formulary committee must hold a public forum
154.29 and receive public comment for an additional 15 days; and
154.30 (3) the commissioner must provide information to the
154.31 formulary committee on the impact that placing the drug on prior
154.32 authorization will have on the quality of patient care and on
154.33 program costs, and information regarding whether the drug is
154.34 subject to clinical abuse or misuse. Prior authorization may be
154.35 required by the commissioner before certain formulary drugs are
154.36 eligible for payment.
155.1 (f) The basis for determining the amount of payment for
155.2 drugs administered in an outpatient setting shall be the lower
155.3 of the usual and customary cost submitted by the provider; the
155.4 average wholesale price minus five percent; or the maximum
155.5 allowable cost set by the federal government under United States
155.6 Code, title 42, chapter 7, section 1396r-8(e), and Code of
155.7 Federal Regulations, title 42, section 447.332, or by the
155.8 commissioner under paragraph (c).
155.9 Sec. 14. Minnesota Statutes 2000, section 256B.32, is
155.10 amended to read:
155.11 256B.32 [FACILITY FEE FOR OUTPATIENT HOSPITAL EMERGENCY
155.12 ROOM AND CLINIC VISITS.]
155.13 (a) The commissioner shall establish a facility fee payment
155.14 mechanism that will pay a facility fee to all enrolled
155.15 outpatient hospitals for each emergency room or outpatient
155.16 clinic visit provided on or after July 1, 1989. This payment
155.17 mechanism may not result in an overall increase in outpatient
155.18 payment rates. This section does not apply to federally
155.19 mandated maximum payment limits, department approved program
155.20 packages, or services billed using a nonoutpatient hospital
155.21 provider number.
155.22 (b) For fee-for-service services provided on or after July
155.23 1, 2002, the total payment, before third-party liability and
155.24 spenddown, made to hospitals for outpatient hospital facility
155.25 services is reduced by .5 percent from the current statutory
155.26 rates.
155.27 Sec. 15. Minnesota Statutes 2000, section 256B.69,
155.28 subdivision 5a, is amended to read:
155.29 Subd. 5a. [MANAGED CARE CONTRACTS.] (a) Managed care
155.30 contracts under this section and sections 256L.12 and 256D.03,
155.31 shall be entered into or renewed on a calendar year basis
155.32 beginning January 1, 1996. Managed care contracts which were in
155.33 effect on June 30, 1995, and set to renew on July 1, 1995, shall
155.34 be renewed for the period July 1, 1995 through December 31, 1995
155.35 at the same terms that were in effect on June 30, 1995.
155.36 (b) A prepaid health plan providing covered health services
156.1 for eligible persons pursuant to chapters 256B, 256D, and 256L,
156.2 is responsible for complying with the terms of its contract with
156.3 the commissioner. Requirements applicable to managed care
156.4 programs under chapters 256B, 256D, and 256L, established after
156.5 the effective date of a contract with the commissioner take
156.6 effect when the contract is next issued or renewed.
156.7 (c) Effective for services rendered on or after January 1,
156.8 2003, the commissioner shall withhold five percent of managed
156.9 care plan payments under this section for the prepaid medical
156.10 assistance and general assistance medical care programs pending
156.11 completion of performance targets. The withheld funds will be
156.12 returned no sooner than July of the following year if
156.13 performance targets in the contract are achieved. The
156.14 commissioner may exclude special demonstration projects under
156.15 subdivision 23.
156.16 Sec. 16. Minnesota Statutes 2001 Supplement, section
156.17 256B.69, subdivision 5b, is amended to read:
156.18 Subd. 5b. [PROSPECTIVE REIMBURSEMENT RATES.] (a) For
156.19 prepaid medical assistance and general assistance medical care
156.20 program contract rates set by the commissioner under subdivision
156.21 5 and effective on or after January 1, 1998 2003, capitation
156.22 rates for nonmetropolitan counties shall on a weighted average
156.23 be no less than 88 87 percent of the capitation rates for
156.24 metropolitan counties, excluding Hennepin county. The
156.25 commissioner shall make a pro rata adjustment in capitation
156.26 rates paid to counties other than nonmetropolitan counties in
156.27 order to make this provision budget neutral.
156.28 (b) For prepaid medical assistance program contract rates
156.29 set by the commissioner under subdivision 5 and effective on or
156.30 after January 1, 2001, capitation rates for nonmetropolitan
156.31 counties shall, on a weighted average, be no less than 89
156.32 percent of the capitation rates for metropolitan counties,
156.33 excluding Hennepin county.
156.34 (c) This subdivision shall not affect the nongeographically
156.35 based risk adjusted rates established under section 62Q.03,
156.36 subdivision 5a.
157.1 Sec. 17. Minnesota Statutes 2001 Supplement, section
157.2 256B.69, subdivision 5c, is amended to read:
157.3 Subd. 5c. [MEDICAL EDUCATION AND RESEARCH FUND.] (a) The
157.4 commissioner of human services shall transfer each year to the
157.5 medical education and research fund established under section
157.6 62J.692, the following:
157.7 (1) an amount equal to the reduction in the prepaid medical
157.8 assistance and prepaid general assistance medical care payments
157.9 as specified in this clause. Until January 1, 2002, the county
157.10 medical assistance and general assistance medical care
157.11 capitation base rate prior to plan specific adjustments and
157.12 after the regional rate adjustments under section 256B.69,
157.13 subdivision 5b, is reduced 6.3 percent for Hennepin county, two
157.14 percent for the remaining metropolitan counties, and no
157.15 reduction for nonmetropolitan Minnesota counties; and after
157.16 January 1, 2002, the county medical assistance and general
157.17 assistance medical care capitation base rate prior to plan
157.18 specific adjustments is reduced 6.3 percent for Hennepin county,
157.19 two percent for the remaining metropolitan counties, and 1.6
157.20 percent for nonmetropolitan Minnesota counties. Nursing
157.21 facility and elderly waiver payments and demonstration project
157.22 payments operating under subdivision 23 are excluded from this
157.23 reduction. The amount calculated under this clause shall not be
157.24 adjusted for periods already paid due to subsequent changes to
157.25 the capitation payments; and
157.26 (2) beginning July 1, 2001, $2,537,000 from the capitation
157.27 rates paid under this section plus any federal matching funds on
157.28 this amount;
157.29 (3) beginning July 1, 2002, an additional $12,700,000 from
157.30 the capitation rates paid under this section; and
157.31 (4) beginning July 1, 2003, an additional $4,700,000 from
157.32 the capitation rates paid under this section.
157.33 (b) This subdivision shall be effective upon approval of a
157.34 federal waiver which allows federal financial participation in
157.35 the medical education and research fund.
157.36 Sec. 18. Minnesota Statutes 2000, section 256B.69, is
158.1 amended by adding a subdivision to read:
158.2 Subd. 5f. [CAPITATION RATES.] Beginning July 1, 2002, the
158.3 capitation rates paid under this section are increased by
158.4 $12,700,000 per year. Beginning July 1, 2003, the capitation
158.5 rates paid under this section are increased by $4,700,000 per
158.6 year.
158.7 Sec. 19. Minnesota Statutes 2000, section 256B.69, is
158.8 amended by adding a subdivision to read:
158.9 Subd. 5g. [PAYMENT FOR COVERED SERVICES.] For services
158.10 rendered on or after January 1, 2003, the total payment made to
158.11 managed care plans for providing covered services under the
158.12 medical assistance and general assistance medical care programs
158.13 is reduced by .5 percent from their current statutory rates.
158.14 This provision excludes payments for nursing home services, home
158.15 and community-based waivers, and payments to demonstration
158.16 projects for persons with disabilities.
158.17 Sec. 20. Minnesota Statutes 2001 Supplement, section
158.18 256B.75, is amended to read:
158.19 256B.75 [HOSPITAL OUTPATIENT REIMBURSEMENT.]
158.20 (a) For outpatient hospital facility fee payments for
158.21 services rendered on or after October 1, 1992, the commissioner
158.22 of human services shall pay the lower of (1) submitted charge,
158.23 or (2) 32 percent above the rate in effect on June 30, 1992,
158.24 except for those services for which there is a federal maximum
158.25 allowable payment. Effective for services rendered on or after
158.26 January 1, 2000, payment rates for nonsurgical outpatient
158.27 hospital facility fees and emergency room facility fees shall be
158.28 increased by eight percent over the rates in effect on December
158.29 31, 1999, except for those services for which there is a federal
158.30 maximum allowable payment. Services for which there is a
158.31 federal maximum allowable payment shall be paid at the lower of
158.32 (1) submitted charge, or (2) the federal maximum allowable
158.33 payment. Total aggregate payment for outpatient hospital
158.34 facility fee services shall not exceed the Medicare upper
158.35 limit. If it is determined that a provision of this section
158.36 conflicts with existing or future requirements of the United
159.1 States government with respect to federal financial
159.2 participation in medical assistance, the federal requirements
159.3 prevail. The commissioner may, in the aggregate, prospectively
159.4 reduce payment rates to avoid reduced federal financial
159.5 participation resulting from rates that are in excess of the
159.6 Medicare upper limitations.
159.7 (b) Notwithstanding paragraph (a), payment for outpatient,
159.8 emergency, and ambulatory surgery hospital facility fee services
159.9 for critical access hospitals designated under section 144.1483,
159.10 clause (11), shall be paid on a cost-based payment system that
159.11 is based on the cost-finding methods and allowable costs of the
159.12 Medicare program.
159.13 (c) Effective for services provided on or after July 1,
159.14 2002 2003, rates that are based on the Medicare outpatient
159.15 prospective payment system shall be replaced by a budget neutral
159.16 prospective payment system that is derived using medical
159.17 assistance data. The commissioner shall provide a proposal to
159.18 the 2002 2003 legislature to define and implement this provision.
159.19 (d) For fee-for-service services provided on or after July
159.20 1, 2002, the total payment, before third-party liability and
159.21 spenddown, made to hospitals for outpatient hospital facility
159.22 services is reduced by .5 percent from the current statutory
159.23 rate.
159.24 Sec. 21. Minnesota Statutes 2000, section 256L.07,
159.25 subdivision 1, is amended to read:
159.26 Subdivision 1. [GENERAL REQUIREMENTS.] (a) Children
159.27 enrolled in the original children's health plan as of September
159.28 30, 1992, children who enrolled in the MinnesotaCare program
159.29 after September 30, 1992, pursuant to Laws 1992, chapter 549,
159.30 article 4, section 17, and children who have family gross
159.31 incomes that are equal to or less than 150 175 percent of the
159.32 federal poverty guidelines are eligible without meeting the
159.33 requirements of subdivision 2, as long as they maintain
159.34 continuous coverage in the MinnesotaCare program or medical
159.35 assistance. Children who apply for MinnesotaCare on or after
159.36 the implementation date of the employer-subsidized health
160.1 coverage program as described in Laws 1998, chapter 407, article
160.2 5, section 45, who have family gross incomes that are equal to
160.3 or less than 150 175 percent of the federal poverty guidelines,
160.4 must meet the requirements of subdivision 2 to be eligible for
160.5 MinnesotaCare.
160.6 (b) Families enrolled in MinnesotaCare under section
160.7 256L.04, subdivision 1, whose income increases above 275 percent
160.8 of the federal poverty guidelines, are no longer eligible for
160.9 the program and shall be disenrolled by the commissioner.
160.10 Individuals enrolled in MinnesotaCare under section 256L.04,
160.11 subdivision 7, whose income increases above 175 percent of the
160.12 federal poverty guidelines are no longer eligible for the
160.13 program and shall be disenrolled by the commissioner. For
160.14 persons disenrolled under this subdivision, MinnesotaCare
160.15 coverage terminates the last day of the calendar month following
160.16 the month in which the commissioner determines that the income
160.17 of a family or individual exceeds program income limits.
160.18 (c) Notwithstanding paragraph (b), individuals and families
160.19 may remain enrolled in MinnesotaCare if ten percent of their
160.20 annual income is less than the annual premium for a policy with
160.21 a $500 deductible available through the Minnesota comprehensive
160.22 health association. Individuals and families who are no longer
160.23 eligible for MinnesotaCare under this subdivision shall be given
160.24 an 18-month notice period from the date that ineligibility is
160.25 determined before disenrollment.
160.26 [EFFECTIVE DATE.] This section is effective July 1, 2003.
160.27 Sec. 22. Minnesota Statutes 2000, section 256L.07,
160.28 subdivision 3, is amended to read:
160.29 Subd. 3. [OTHER HEALTH COVERAGE.] (a) Families and
160.30 individuals enrolled in the MinnesotaCare program must have no
160.31 health coverage while enrolled or for at least four months prior
160.32 to application and renewal. Children enrolled in the original
160.33 children's health plan and children in families with income
160.34 equal to or less than 150 175 percent of the federal poverty
160.35 guidelines, who have other health insurance, are eligible if the
160.36 coverage:
161.1 (1) lacks two or more of the following:
161.2 (i) basic hospital insurance;
161.3 (ii) medical-surgical insurance;
161.4 (iii) prescription drug coverage;
161.5 (iv) dental coverage; or
161.6 (v) vision coverage;
161.7 (2) requires a deductible of $100 or more per person per
161.8 year; or
161.9 (3) lacks coverage because the child has exceeded the
161.10 maximum coverage for a particular diagnosis or the policy
161.11 excludes a particular diagnosis.
161.12 The commissioner may change this eligibility criterion for
161.13 sliding scale premiums in order to remain within the limits of
161.14 available appropriations. The requirement of no health coverage
161.15 does not apply to newborns.
161.16 (b) Medical assistance, general assistance medical care,
161.17 and civilian health and medical program of the uniformed
161.18 service, CHAMPUS, are not considered insurance or health
161.19 coverage for purposes of the four-month requirement described in
161.20 this subdivision.
161.21 (c) For purposes of this subdivision, Medicare Part A or B
161.22 coverage under title XVIII of the Social Security Act, United
161.23 States Code, title 42, sections 1395c to 1395w-4, is considered
161.24 health coverage. An applicant or enrollee may not refuse
161.25 Medicare coverage to establish eligibility for MinnesotaCare.
161.26 (d) Applicants who were recipients of medical assistance or
161.27 general assistance medical care within one month of application
161.28 must meet the provisions of this subdivision and subdivision 2.
161.29 [EFFECTIVE DATE.] This section is effective July 1, 2003.
161.30 Sec. 23. Minnesota Statutes 2000, section 256L.12,
161.31 subdivision 9, is amended to read:
161.32 Subd. 9. [RATE SETTING.] (a) Rates will be prospective,
161.33 per capita, where possible. The commissioner may allow health
161.34 plans to arrange for inpatient hospital services on a risk or
161.35 nonrisk basis. The commissioner shall consult with an
161.36 independent actuary to determine appropriate rates.
162.1 (b) For services rendered on or after January 1, 2003, the
162.2 commissioner shall withhold .5 percent of managed care plan
162.3 payments under this section pending completion of performance
162.4 targets. The withheld funds will be returned no sooner than
162.5 July 1 and no later than July 31 of the following year if
162.6 performance targets in the contract are achieved.
162.7 Sec. 24. Minnesota Statutes 2001 Supplement, section
162.8 256L.15, subdivision 1, is amended to read:
162.9 Subdivision 1. [PREMIUM DETERMINATION.] (a) Families with
162.10 children and individuals shall pay a premium determined
162.11 according to a sliding fee based on a percentage of the family's
162.12 gross family income.
162.13 (b) Pregnant women and children under age two are exempt
162.14 from the provisions of section 256L.06, subdivision 3, paragraph
162.15 (b), clause (3), requiring disenrollment for failure to pay
162.16 premiums. For pregnant women, this exemption continues until
162.17 the first day of the month following the 60th day postpartum.
162.18 Women who remain enrolled during pregnancy or the postpartum
162.19 period, despite nonpayment of premiums, shall be disenrolled on
162.20 the first of the month following the 60th day postpartum for the
162.21 penalty period that otherwise applies under section 256L.06,
162.22 unless they begin paying premiums.
162.23 (c) Effective July 1, 2002, through June 30, 2006, at their
162.24 option, children with gross family income at or below 217
162.25 percent of the federal poverty guidelines who are eligible for
162.26 MinnesotaCare in the first month following termination from
162.27 medical assistance shall not pay a premium for 12 months.
162.28 [EFFECTIVE DATE.] This section is effective July 1, 2002.
162.29 Sec. 25. Minnesota Statutes 2000, section 256L.15,
162.30 subdivision 3, is amended to read:
162.31 Subd. 3. [EXCEPTIONS TO SLIDING SCALE.] An annual premium
162.32 of $48 is required for all children in families with income at
162.33 or less than 150 175 percent of federal poverty guidelines.
162.34 [EFFECTIVE DATE.] This section is effective July 1, 2003.
162.35 Sec. 26. Laws 2001, First Special Session chapter 9,
162.36 article 2, section 7, the effective date, is amended to read:
163.1 [EFFECTIVE DATE.] This section is effective January 1, 2002
163.2 July 1, 2003.
163.3 Sec. 27. [REPEALER.]
163.4 Minnesota Statutes 2001 Supplement, section 256L.03,
163.5 subdivision 5a, is repealed.
163.6 ARTICLE 16
163.7 MISCELLANEOUS HEALTH
163.8 Section 1. Minnesota Statutes 2000, section 145.9266,
163.9 subdivision 3, is amended to read:
163.10 Subd. 3. [PROFESSIONAL TRAINING AND EDUCATION ABOUT FETAL
163.11 ALCOHOL SYNDROME.] (a) The commissioner of health, in
163.12 collaboration with the board of medical practice, the board of
163.13 nursing, and other professional boards and state agencies, shall
163.14 develop curricula and materials about fetal alcohol syndrome for
163.15 professional training of health care providers, social service
163.16 providers, educators, and judicial and corrections systems
163.17 professionals. The training and curricula shall increase
163.18 knowledge and develop practical skills of professionals to help
163.19 them address the needs of at-risk pregnant women and the needs
163.20 of individuals affected by fetal alcohol syndrome or fetal
163.21 alcohol effects and their families.
163.22 (b) Training for health care providers shall focus on skill
163.23 building for screening, counseling, referral, and follow-up for
163.24 women using or at risk of using alcohol while pregnant.
163.25 Training for health care professionals shall include methods for
163.26 diagnosis and evaluation of fetal alcohol syndrome and fetal
163.27 alcohol effects. Training for education, judicial, and
163.28 corrections professionals shall involve effective education
163.29 strategies, methods to identify the behaviors and learning
163.30 styles of children with alcohol-related birth defects, and
163.31 methods to identify available referral and community resources.
163.32 (c) Training and education for social service providers
163.33 shall focus on resources for assessing, referring, and treating
163.34 at-risk pregnant women, changes in the mandatory reporting and
163.35 commitment laws, and resources for affected children and their
163.36 families.
164.1 Sec. 2. Minnesota Statutes 2000, section 251.013, is
164.2 amended to read:
164.3 251.013 [AH-GWAH-CHING CENTER, WILLMAR, AND FERGUS FALLS
164.4 REGIONAL TREATMENT CENTERS.]
164.5 Subdivision 1. [INTENT AH-GWAH-CHING.] It is the intent of
164.6 the legislature that the Ah-Gwah-Ching center continue operation
164.7 in Walker, Minnesota, as a provider of nursing care to geriatric
164.8 and other residents whose aggressive or difficult to manage
164.9 behavioral needs cannot be met in their home community.
164.10 Subd. 2. [ADMISSIONS CRITERIA.] An individual who has a
164.11 documented history of behavioral patterns that pose a
164.12 substantial risk of harm to the individual, other vulnerable
164.13 adults, staff, or visitors is eligible for placement at the
164.14 Ah-Gwah-Ching center if the individual meets all other
164.15 admissions criteria.
164.16 Subd. 3. [GERIATRIC RAPID ASSESSMENT STABILIZATION
164.17 PROGRAM.] The Ah-Gwah-Ching center shall provide information on
164.18 the geriatric rapid assessment stabilization program (GRASP) or
164.19 emergency admittance programs to nursing facilities throughout
164.20 the state and shall promote and encourage the use of these
164.21 programs by these facilities.
164.22 Subd. 4. [WILLMAR.] It is the intent of the legislature
164.23 that the Willmar regional treatment center continue operation in
164.24 Willmar as a provider of mental health and chemical dependency
164.25 treatment, and also as an operator of community-based programs
164.26 for persons with developmental disabilities.
164.27 Subd. 5. [FERGUS FALLS.] It is the intent of the
164.28 legislature to continue operation as a downsized regional
164.29 treatment center in Fergus Falls and use state employees to
164.30 operate and maintain the downsized facility.
164.31 Sec. 3. [REPEALER.]
164.32 (a) Minnesota Statutes 2000, sections 144.6905 and 145.475,
164.33 are repealed.
164.34 (b) Minnesota Statutes 2000, section 256.9731, is repealed.
164.35 (c) Minnesota Statutes 2000, sections 256K.01; 256K.015;
164.36 256K.02; 256K.03, subdivisions 2, 3, 4, 5, 6, 7, 8, 9, 10, 11,
165.1 and 12; 256K.04; 256K.05; 256K.06; 256K.08; 256K.09; and
165.2 Minnesota Statutes 2001 Supplement, sections 256K.03,
165.3 subdivision 1; and 256K.07, are repealed.
165.4 (d) Laws 1999, chapter 152, as amended by Laws 2000,
165.5 chapter 488, article 9, section 33, Laws 2001, First Special
165.6 Session chapter 9, article 3, section 72, and Laws 2001, First
165.7 Special Session chapter 9, article 13, section 18, is repealed.
165.8 (e) Laws 2001, First Special Session chapter 9, article 13,
165.9 sections 22, 25, 26, 27, and 28, are repealed.
165.10 ARTICLE 17
165.11 HEALTH AND HUMAN SERVICES APPROPRIATIONS
165.12 Section 1. [HEALTH AND HUMAN SERVICES APPROPRIATIONS.]
165.13 The dollar amounts shown in the columns marked
165.14 "APPROPRIATIONS" are added to or, if shown in parentheses, are
165.15 subtracted from the appropriations in Laws 2001, First Special
165.16 Session chapter 9, or other law, and are appropriated from the
165.17 general fund, or any other fund named, to the agencies and for
165.18 the purposes specified in this article, to be available for the
165.19 fiscal years indicated for each purpose. The figures "2002" and
165.20 "2003" used in this article mean that the appropriation or
165.21 appropriations listed under them are available for the fiscal
165.22 year ending June 30, 2002, or June 30, 2003, respectively.
165.23 SUMMARY BY FUND
165.24 2002 2003 TOTAL
165.25 General
165.26 Forecast
165.27 Adjustments $13,759,000 $36,283,000 $50,042,000
165.28 Nonforecast (1,386,000) (54,038,000) (55,424,000)
165.29 Health Care
165.30 Access 13,881,000 8,410,000 22,291,000
165.31 State Government
165.32 Special Revenue 75,000 -0- 75,000
165.33 Federal TANF 7,406,000 9,482,000 16,888,000
165.34 APPROPRIATIONS
165.35 Available for the Year
165.36 Ending June 30
165.37 2002 2003
165.38 Sec. 2. COMMISSIONER OF
165.39 HUMAN SERVICES
165.40 Subdivision 1. Total
166.1 Appropriation $ 41,003,000 $ 7,280,000
166.2 Summary by Fund
166.3 General 19,716,000 (10,612,000)
166.4 Health Care
166.5 Access 13,881,000 8,410,000
166.6 Federal TANF 7,406,000 9,482,000
166.7 Subd. 2. Agency Management
166.8 General -0- (8,972,000)
166.9 The amounts that may be spent from the
166.10 appropriation for each purpose are as
166.11 follows:
166.12 Management Operations
166.13 General -0- (8,972,000)
166.14 Subd. 3. Basic Health Care
166.15 Grants
166.16 General 11,992,000 6,229,000
166.17 Health Care
166.18 Access 13,881,000 8,410,000
166.19 The amounts that may be spent from this
166.20 appropriation for each purpose are as
166.21 follows:
166.22 (a) MinnesotaCare Grants
166.23 Health Care
166.24 Access 13,881,000 8,410,000
166.25 (b) MA Basic Health Care
166.26 Grants - Families and Children
166.27 General (17,319,000) (18,764,000)
166.28 [TRANSFER.] (a) Of the general fund
166.29 appropriations to the University of
166.30 Minnesota in the higher education
166.31 omnibus appropriation bill, $12,700,000
166.32 in fiscal year 2003 is to be
166.33 transferred to the commissioner of
166.34 human services for the following
166.35 purposes: (1) $6,350,000 is for the
166.36 capitation payments under Minnesota
166.37 Statutes, section 256B.69; and (2)
166.38 $6,350,000 is to be deposited in the
166.39 general fund.
166.40 (b) For fiscal years beginning on or
166.41 after July 1, 2003, $17,400,000 each
166.42 year shall be transferred to the
166.43 commissioner for the following
166.44 purposes: (1) $8,700,000 is for the
166.45 capitation payments under Minnesota
166.46 Statutes, section 256B.69; and (2)
166.47 $8,700,000 is to be deposited in the
166.48 general fund.
166.49 (c) These transfers shall not be made
166.50 until the federal government approves
166.51 the medical education payments
167.1 authorized in Minnesota Statutes,
167.2 section 62J.692, subdivision 7,
167.3 paragraph (c). Notwithstanding the
167.4 provisions of section 5, this provision
167.5 shall not expire.
167.6 [NONMETROPOLITAN COUNTY PREPAID MEDICAL
167.7 ASSISTANCE PROGRAM RATE REDUCTION.] A
167.8 demonstration provider must not reduce
167.9 payment rates to providers to reflect
167.10 the reduction effective January 1,
167.11 2003, in rates paid under Minnesota
167.12 Statutes, section 256B.69, to
167.13 nonmetropolitan counties.
167.14 (c) MA Basic Health Care
167.15 Grants - Elderly and Disabled
167.16 General 3,062,000 (15,710,000)
167.17 (d) General Assistance
167.18 Medical Care Grants
167.19 General 26,249,000 40,752,000
167.20 (e) Health Care Grants -
167.21 Other Assistance
167.22 General -0- (49,000)
167.23 [PRESCRIPTION DRUG PROGRAM FUNDING.]
167.24 (1) The commissioner may expend money
167.25 appropriated for the prescription drug
167.26 program in either fiscal year of the
167.27 2002-2003 biennium. (2) The
167.28 commissioner shall administer the
167.29 prescription drug program pursuant to
167.30 Minnesota Statutes, section 256.955,
167.31 subdivision 9, so that the costs total
167.32 not more than funds appropriated plus
167.33 the drug rebate proceeds.
167.34 [COMMISSIONER OF FINANCE TO RECOGNIZE
167.35 DRUG PROGRAM PROJECTED NEED.] For
167.36 November 2002 and February 2003
167.37 forecasts, the commissioner of finance
167.38 shall recognize in the fund balance the
167.39 prescription drug program's projected
167.40 spending for fiscal years 2002 and
167.41 2003. When establishing the base
167.42 funding level for the prescription drug
167.43 program for the biennium beginning July
167.44 1, 2003, the commissioner of finance
167.45 shall provide a base level adjustment
167.46 to reflect the program's projected
167.47 spending, as reflected in legislative
167.48 tracking documents as of the effective
167.49 date of this article.
167.50 [DENTAL ACCESS GRANTS CARRYOVER
167.51 AUTHORITY.] Any unspent portion of the
167.52 appropriation from the health care
167.53 access fund in fiscal year 2002 for
167.54 dental access grants under Minnesota
167.55 Statutes, section 256B.53, shall not
167.56 cancel but shall be allowed to carry
167.57 forward to be spent in fiscal year 2003
167.58 for these purposes.
167.59 Subd. 4. Basic Health Care
167.60 Management
168.1 General -0- (1,065,000)
168.2 The amounts that may be spent from this
168.3 appropriation for each purpose are as
168.4 follows:
168.5 (a) Health Care Policy
168.6 Administration
168.7 General -0- 400,000
168.8 (b) Health Care
168.9 Operations
168.10 General -0- (1,465,000)
168.11 Subd. 5. State-Operated
168.12 Services
168.13 General -0- (8,520,000)
168.14 Subd. 6. Continuing Care
168.15 Grants
168.16 General (8,907,000) (26,227,000)
168.17 The amounts that may be spent from this
168.18 appropriation for each purpose are as
168.19 follows:
168.20 (a) Aging Adult Service
168.21 Grants
168.22 General -0- (2,638,000)
168.23 [PLANNING AND SERVICE DEVELOPMENT.] The
168.24 planning and service development grant
168.25 from Laws 2001, First Special Session
168.26 chapter 9, article 17, section 2,
168.27 subdivision 9, is eliminated for fiscal
168.28 year 2003. Base funding for the
168.29 2004-2005 biennium shall be $550,000
168.30 each year. Notwithstanding Laws 2001,
168.31 First Special Session chapter 9,
168.32 article 17, section 2, subdivision 9,
168.33 beginning in fiscal year 2004, the
168.34 commissioner shall annually distribute
168.35 $5,000 to each county. Counties with
168.36 more than 10,000 persons over age 65
168.37 shall receive a distribution of an
168.38 additional 25 cents for each person
168.39 over age 65. The amount distributed to
168.40 each area agency on aging shall be
168.41 $2,500.
168.42 [COMMUNITY SERVICES DEVELOPMENT
168.43 GRANTS.] For fiscal year 2003, base
168.44 level funding for community services
168.45 development grants under Minnesota
168.46 Statutes, section 256.9754, is reduced
168.47 by $1,478,000. For fiscal year 2004,
168.48 base level funding for these grants is
168.49 reduced by $768,000. For fiscal year
168.50 2005, base level funding shall be
168.51 $3,000,000, and this amount shall be
168.52 the base funding level for these grants
168.53 for the biennium beginning July 1,
168.54 2005. Notwithstanding section 5, this
168.55 provision shall not expire.
169.1 (b) Medical Assistance
169.2 Long-Term Care Waivers and
169.3 Home Care Grants
169.4 General 18,471,000 12,833,000
169.5 (c) Medical Assistance
169.6 Long-Term Care Facilities
169.7 Grants
169.8 General (27,382,000) (31,922,000)
169.9 (d) Group Residential
169.10 Housing Grants
169.11 General 4,000 574,000
169.12 [FEDERAL FUNDING FOR GROUP RESIDENTIAL
169.13 HOUSING COSTS.] The commissioner shall
169.14 seek federal funding to offset costs
169.15 for group residential housing services
169.16 under Minnesota Statutes, chapter 256I.
169.17 Any federal funding received shall be
169.18 distributed to counties on a pro rata
169.19 basis according to county spending
169.20 under Minnesota Statutes, section
169.21 256B.19, subdivision 1, clause (3), for
169.22 the costs of nursing facility
169.23 placements of persons with disabilities
169.24 under the age of 65 that have exceeded
169.25 90 days. The commissioner shall report
169.26 to the legislature by January 15, 2003,
169.27 on the status of additional federal
169.28 funding for group residential housing
169.29 costs.
169.30 (e) Chemical Dependency
169.31 Entitlement Grants
169.32 General -0- (84,000)
169.33 [CONSOLIDATED CHEMICAL DEPENDENCY
169.34 TREATMENT FUND RESERVE TRANSFER.] In
169.35 fiscal year 2003, $8,544,000 of funds
169.36 available in the consolidated chemical
169.37 dependency treatment fund general
169.38 reserve account is transferred to the
169.39 general fund.
169.40 (f) Community Social Services
169.41 Block Grants
169.42 General -0- (4,990,000)
169.43 [CSSA TRADITIONAL APPROPRIATION
169.44 REDUCTION.] For fiscal year 2003, base
169.45 level funding for community social
169.46 service aids under Minnesota Statutes,
169.47 section 256E.06, subdivisions 1 and 2,
169.48 is reduced by $4,700,000. This
169.49 reduction shall become part of base
169.50 level funding for the biennium
169.51 beginning July 1, 2003.
169.52 Notwithstanding section 5, this
169.53 provision shall not expire.
169.54 [CSSA GRANTS FOR FORMER GRH
169.55 RECIPIENTS.] For fiscal year 2003, base
169.56 level funding for community social
169.57 service aids under Minnesota Statutes,
169.58 section 256E.06, subdivision 2b, is
170.1 reduced by $290,000. This reduction
170.2 shall become part of base level funding
170.3 for the biennium beginning July 1,
170.4 2003. These reductions shall be made
170.5 on a pro rata basis to each affected
170.6 county. Notwithstanding section 5,
170.7 this provision shall not expire.
170.8 Subd. 7. Continuing Care
170.9 Management
170.10 General (1,295,000) (205,000)
170.11 [DAY TRAINING TASK FORCE.] The general
170.12 fund appropriation in fiscal year 2003
170.13 in Laws 2001, First Special Session
170.14 chapter 9, article 17, section 2,
170.15 subdivision 10, for the day training
170.16 and habilitation restructuring task
170.17 force is eliminated.
170.18 Subd. 8. Economic
170.19 Support Grants
170.20 General 17,926,000 30,734,000
170.21 Federal TANF 9,656,000 11,232,000
170.22 The amounts that may be spent from the
170.23 appropriation for each purpose are as
170.24 follows:
170.25 (a) Assistance to Families
170.26 Grants
170.27 General 16,988,000 28,391,000
170.28 Federal TANF 9,656,000 11,232,000
170.29 [TANF MAINTENANCE OF EFFORT.] If the
170.30 commissioner determines that the state
170.31 will meet its federal work
170.32 participation rate for the federal
170.33 fiscal year ending that September, the
170.34 commissioner shall reduce the state
170.35 maintenance of effort expenditure for
170.36 MFIP cash and food assistance benefits
170.37 to the extent allowed under Code of
170.38 Federal Regulations, title 45, section
170.39 263.1(a)(2), in state fiscal years 2004
170.40 and 2005.
170.41 (b) Work Grants
170.42 General -0- (404,000)
170.43 (c) Economic Support
170.44 Grants - Other Assistance
170.45 General (1,000,000) (100,000)
170.46 (d) General Assistance
170.47 Grants
170.48 General 3,300,000 4,288,000
170.49 (e) Minnesota Supplemental
170.50 Aid Grants
170.51 General (1,362,000) (1,441,000)
171.1 Subd. 9. Administrative
171.2 Reimbursement and Pass-Through
171.3 TANF (2,250,000) (1,750,000)
171.4 Subd. 10. Children's
171.5 Services
171.6 General -0- (2,586,000)
171.7 Sec. 3. COMMISSIONER OF HEALTH
171.8 Subdivision 1. Total Appropriation
171.9 Reductions (7,343,000) (7,143,000)
171.10 SUMMARY BY FUND
171.11 2002 2003
171.12 General (7,343,000) (7,143,000)
171.13 Subd. 2. Family and Community
171.14 Health (1,647,000) (1,097,000)
171.15 Summary by Fund
171.16 General (1,647,000) (1,097,000)
171.17 [ONETIME GRANT REDUCTIONS.] $200,000 of
171.18 the appropriation reduction the first
171.19 year is from competitive grants to
171.20 reduce health disparities in infant
171.21 mortality rates and adult and child
171.22 immunization rates authorized in Laws
171.23 2001, First Special Session chapter 9,
171.24 article 17, section 3, subdivision 2.
171.25 $300,000 of the appropriation reduction
171.26 the first year is from competitive
171.27 grants to reduce health disparities in
171.28 breast and cervical cancer screening
171.29 rates, HIV/AIDS and sexually
171.30 transmitted infection rates,
171.31 cardiovascular disease rates, diabetes
171.32 rates, and rates of accidental injuries
171.33 and violence authorized in Laws 2001,
171.34 First Special Session chapter 9,
171.35 article 17, section 3, subdivision 2.
171.36 $150,000 of the appropriation reduction
171.37 the first year is from community-based
171.38 programs for suicide prevention
171.39 authorized in Laws 2001, First Special
171.40 Session chapter 9, article 17, section
171.41 3, subdivision 2.
171.42 [HEALTH CARE ACCESS FUND
171.43 ADMINISTRATION.] The appropriation from
171.44 the health care access fund for
171.45 administration in Laws 2001, First
171.46 Special Session chapter 9, article 17,
171.47 section 3, is reduced by $347,000 each
171.48 year of the biennium beginning July 1,
171.49 2001.
171.50 [HEALTH CARE INTERN AND CAREER
171.51 PROGRAMS.] Of the appropriation in Laws
171.52 2001, First Special Session chapter 9,
171.53 article 17, section 3, from the health
171.54 care access fund, $200,000 each year of
171.55 the biennium beginning July 1, 2001, is
172.1 for the summer health care intern
172.2 program under Minnesota Statutes,
172.3 section 144.1464, and $147,000 each
172.4 year is for the promotion of health and
172.5 long-term care careers under Minnesota
172.6 Statutes, section 144.1499.
172.7 Subd. 3. Access and Quality
172.8 Improvement (4,970,000) (5,020,000)
172.9 [HEALTH STATUS IMPROVEMENT GRANTS.] Of
172.10 this reduction, $120,000 each year is
172.11 from money for grants appropriated
172.12 under Laws 2001, First Special Session
172.13 chapter 9, article 17, section 3,
172.14 subdivision 2.
172.15 Subd. 4. Health Protection (351,000) (651,000)
172.16 [FOOD SAFETY.] Of this reduction,
172.17 $200,000 in fiscal year 2002 is from
172.18 the appropriation for a community
172.19 health education and promotion program
172.20 on food safety authorized under Laws
172.21 2001, First Special Session chapter 9,
172.22 article 17, section 3, subdivision 4.
172.23 Subd. 5. Management and Support
172.24 Services (375,000) (375,000)
172.25 Sec. 4. HEALTH-RELATED BOARDS
172.26 Subdivision 1. Total
172.27 Appropriation 75,000 -0-
172.28 The appropriations in this section are
172.29 from the state government special
172.30 revenue fund.
172.31 [NO SPENDING IN EXCESS OF REVENUES.]
172.32 The commissioner of finance shall not
172.33 permit the allotment, encumbrance, or
172.34 expenditure of money appropriated in
172.35 this section in excess of the
172.36 anticipated biennial revenues or
172.37 accumulated surplus revenues from fees
172.38 collected by the boards. Neither this
172.39 provision nor Minnesota Statutes,
172.40 section 214.06, applies to transfers
172.41 from the general contingent account.
172.42 Subd. 2. Board of Chiropractic
172.43 Examiners 75,000 -0-
172.44 [LEGAL COSTS.] Of this appropriation,
172.45 $75,000 for the fiscal year beginning
172.46 July 1, 2001, is to the board to pay
172.47 for extraordinary legal costs. This is
172.48 a onetime appropriation and shall not
172.49 become part of base-level funding for
172.50 the 2004-2005 biennium.
172.51 Sec. 5. [SUNSET OF UNCODIFIED LANGUAGE.]
172.52 All uncodified language contained in this article expires
172.53 on June 30, 2003, unless a different expiration date is explicit.
172.54 Sec. 6. [EFFECTIVE DATE.]
172.55 Except as otherwise provided in this article, this article
173.1 is effective the day following final enactment."
173.2 Delete the title and insert:
173.3 "A bill for an act
173.4 relating to the financing of state government;
173.5 changing appropriations to reflect forecast changes;
173.6 reducing appropriations for the fiscal years ending
173.7 June 30, 2002 and 2003; canceling balances and
173.8 appropriations and transferring balances to the
173.9 general fund in order to avert a deficit; eliminating
173.10 certain adjustments for inflation in future fiscal
173.11 years; providing for family and early childhood
173.12 education appropriation adjustments, kindergarten
173.13 through grade 12 appropriation adjustments,
173.14 kindergarten through grade 12 forecast adjustments,
173.15 higher education, corrections, public safety and
173.16 transportation and other agency appropriations,
173.17 environment and natural resources, agricultural and
173.18 rural development, state government appropriations,
173.19 courts, economic development, cancellations,
173.20 transfers, and adjustments, continuing care and
173.21 long-term care, health care, miscellaneous health,
173.22 health and human services appropriations; changing
173.23 certain fees; appropriating money; amending Minnesota
173.24 Statutes 2000, sections 13.871, subdivision 5;
173.25 15.0591, subdivision 2; 16A.103, subdivisions 1a, 1b;
173.26 16A.152, subdivision 1; 16A.40; 41A.09, subdivision
173.27 3a; 62J.692, subdivision 4; 82.34, subdivision 3;
173.28 85A.02, subdivision 17; 115A.554; 120A.34; 120B.13,
173.29 subdivision 3; 124D.385, subdivision 2; 124D.86,
173.30 subdivisions 4, 5; 135A.15, subdivision 1; 136F.68;
173.31 144.395, subdivision 1; 145.9266, subdivision 3;
173.32 168A.40, subdivision 4; 251.013; 252.282, subdivisions
173.33 1, 3, 4, 5; 256.9657, subdivision 1; 256.9753,
173.34 subdivision 3; 256B.059, subdivisions 1, 3, 5;
173.35 256B.0595, subdivision 4; 256B.0916, subdivision 5;
173.36 256B.19, subdivisions 1, 1d; 256B.32; 256B.431,
173.37 subdivision 23, by adding a subdivision; 256B.5013,
173.38 subdivisions 2, 4, 5, 6; 256B.69, subdivision 5a, by
173.39 adding subdivisions; 256L.07, subdivisions 1, 3;
173.40 256L.12, subdivision 9; 256L.15, subdivision 3;
173.41 260C.163, subdivision 3; 299F.011, by adding a
173.42 subdivision; 299L.02, subdivision 7; 299L.07,
173.43 subdivision 5; 357.021, subdivision 2; 357.022;
173.44 490.123, by adding a subdivision; 611.17; 611A.371,
173.45 subdivision 1; 611A.373; 611A.72; 611A.73, subdivision
173.46 2, by adding a subdivision; 611A.74, subdivisions 2,
173.47 3, 4, 5, 6; Minnesota Statutes 2001 Supplement,
173.48 sections 16A.152, subdivisions 1a, 2; 16A.88,
173.49 subdivision 1; 16B.65, subdivisions 1, 5a; 17.117,
173.50 subdivision 5a; 62J.692, subdivision 7; 62J.694,
173.51 subdivision 2a; 93.2235, subdivision 1; 115A.545,
173.52 subdivisions 1, 2; 123B.54; 126C.05, subdivision 15;
173.53 136A.121, subdivision 6; 136A.124, subdivisions 2, 4;
173.54 136G.03, subdivision 25; 136G.07, subdivision 1;
173.55 136G.09, subdivision 8; 171.29, subdivision 2;
173.56 242.192; 244.054, subdivision 2; 256.01, subdivision
173.57 2; 256.022, subdivision 1; 256.969, subdivision 3a;
173.58 256B.056, subdivision 3; 256B.0595, subdivisions 1, 2;
173.59 256B.0625, subdivision 13; 256B.437, subdivision 2;
173.60 256B.439, subdivisions 1, 4; 256B.5013, subdivision 1;
173.61 256B.69, subdivisions 5b, 5c; 256B.75; 256L.15,
173.62 subdivision 1; 260B.007, subdivision 16; 260C.141,
173.63 subdivision 3; 299A.75, subdivision 1; 611A.372;
173.64 611A.74, subdivision 1; Laws 1997, First Special
173.65 Session chapter 4, article 3, section 25, subdivision
173.66 7; Laws 1998, chapter 404, section 23, subdivision 6;
173.67 Laws 2000; chapter 489, article 1, section 36; Laws
173.68 2001, First Special Session chapter 3, article 1,
174.1 section 17, subdivisions 3, 7, 8, 9, 11; Laws 2001,
174.2 First Special Session chapter 3, article 1, section
174.3 18; Laws 2001, First Special Session chapter 3,
174.4 article 1, section 19, subdivisions 3, 5; Laws 2001,
174.5 First Special Session chapter 3, article 2, section
174.6 15, subdivision 3; Laws 2001, First Special Session
174.7 chapter 3, article 3, section 9, subdivision 6; Laws
174.8 2001, First Special Session chapter 3, article 4,
174.9 section 5, subdivisions 2, 4; Laws 2001, First Special
174.10 Session chapter 4, article 1, section 4, subdivision
174.11 6; Laws 2001, First Special Session chapter 4, article
174.12 3, section 1; Laws 2001, First Special Session chapter
174.13 4, article 3, section 2, subdivision 1; Laws 2001,
174.14 First Special Session chapter 4, article 3, section 3;
174.15 Laws 2001, First Special Session chapter 5, article 2,
174.16 section 29, subdivision 2; Laws 2001, First Special
174.17 Session chapter 6, article 1, section 54, subdivisions
174.18 2, 4, 5, 6, 7; Laws 2001, First Special Session
174.19 chapter 6, article 2, section 77, subdivisions 2, 4,
174.20 5, 7, 8, 11, 15, 18, 23, 25, as amended, 29; Laws
174.21 2001, First Special Session chapter 6, article 3,
174.22 section 21, subdivisions 2, 3, 4, 5, 7, 11; Laws 2001,
174.23 First Special Session chapter 6, article 4, section
174.24 27, subdivisions 2, 3, 5, 6; Laws 2001, First Special
174.25 Session chapter 6, article 5, section 13, subdivisions
174.26 2, 5; Laws 2001, First Special Session chapter 6,
174.27 article 7, section 13, as amended; Laws 2001, First
174.28 Special Session chapter 6, article 7, section 14; Laws
174.29 2001, First Special Session chapter 8, article 4,
174.30 section 10, subdivisions 1, 7; Laws 2001, First
174.31 Special Session chapter 8, article 4, section 11; Laws
174.32 2001, First Special Session chapter 8, article 11,
174.33 section 14; Laws 2001, First Special Session chapter
174.34 9, article 2, section 7, the effective date; Laws
174.35 2001, First Special Session chapter 9, article 5,
174.36 section 35; proposing coding for new law in Minnesota
174.37 Statutes, chapter 126C; repealing Minnesota Statutes
174.38 2000, sections 13.202, subdivision 8; 41B.047,
174.39 subdivision 2; 103B.3369, subdivisions 7, 8; 103B.351;
174.40 103F.461; 103G.2373; 144.6905; 145.475; 256.9731;
174.41 256B.0916, subdivision 1; 256K.01; 256K.015; 256K.02;
174.42 256K.03, subdivisions 2, 3, 4, 5, 6, 7, 8, 9, 10, 11,
174.43 12; 256K.04; 256K.05; 256K.06; 256K.08; 256K.09;
174.44 465.795; 465.796; 465.797; 465.7971; 465.798; 465.799;
174.45 465.801; 465.802; 465.803; 465.83; 465.87; 465.88;
174.46 490.123, subdivision 1d; 611A.37, subdivisions 6, 7;
174.47 611A.375; 611A.74, subdivision 1a; Minnesota Statutes
174.48 2001 Supplement, sections 4.50; 16A.1523; 256K.03,
174.49 subdivision 1; 256K.07; 256L.03, subdivision 5a;
174.50 469.1799, subdivisions 1, 3; Laws 1997, chapter 183,
174.51 article 2, section 19; Laws 1999, chapter 152, as
174.52 amended; Laws 2000, chapter 447, section 25; Laws
174.53 2001, First Special Session chapter 3, article 3,
174.54 section 8; Laws 2001, First Special Session chapter 6,
174.55 article 1, section 31; Laws 2001, First Special
174.56 Session chapter 9, article 13, sections 22, 25, 26,
174.57 27, 28; Minnesota Rules, parts 8405.0100; 8405.0110;
174.58 8405.0120; 8405.0130; 8405.0140; 8405.0150; 8405.0160;
174.59 8405.0170; 8405.0180; 8405.0190; 8405.0200; 8405.0210;
174.60 8405.0220; 8405.0230."
175.1 We request adoption of this report and repassage of the
175.2 bill.
175.5 House Conferees:
175.8 ......................... .........................
175.9 Rich Stanek Kevin Goodno
175.12 ......................... .........................
175.13 Alice Seagren Philip Krinkie
175.16 .........................
175.17 Thomas Bakk
175.22 Senate Conferees:
175.25 ......................... .........................
175.26 Douglas J. Johnson John C. Hottinger
175.29 ......................... .........................
175.30 Lawrence J. Pogemiller Linda Berglin
175.33 .........................
175.34 Dennis R. Frederickson