HF 3381

1st Committee Engrossment - 85th Legislature (2007 - 2008) Posted on 12/22/2009 12:39pm

1.1A bill for an act

1.2relating to state government finance; increasing the debt ceiling for new bonds or
1.3notes for Housing Finance Agency; changing provisions for public swimming
1.4pools; banning bisphenol-A and phthalates in children's products; limiting
1.5replacement chemicals; requiring the Department of Health to abolish certain
1.6positions; requiring consolidation of positive abortion alternatives program
1.7and woman's right to know program; changing adoption records provisions;
1.8appropriating money for foodshelf programs and homeless supportive services;
1.9making reductions in certain areas;amending Minnesota Statutes 2006, sections
1.1013.465, subdivision 8; 144.1222, subdivision 1a, by adding subdivisions;
1.11144.218, subdivision 1; 144.225, subdivision 2; 144.2252; 144.226, subdivision
1.121; 157.16, as amended; 259.89, subdivision 1; 260C.317, subdivision 4; 462A.22,
1.13subdivision 1; Laws 2007, chapter 147, article 19, section 3, subdivision 4;
1.14proposing coding for new law in Minnesota Statutes, chapters 144; 325F;
1.15repealing Minnesota Statutes 2006, sections 259.83, subdivision 3; 259.89,
1.16subdivisions 2, 3, 4, 5.
1.17BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.18ARTICLE 1

1.19HOUSING

1.20    Section 1. Minnesota Statutes 2006, section 462A.22, subdivision 1, is amended to
1.21read:
1.22    Subdivision 1. Debt ceiling. The aggregate principal amount of bonds and notes
1.23which are outstanding at any time, excluding the principal amount of any bonds and
1.24notes refunded by the issuance of new bonds or notes, shall not exceed the sum of
1.25$3,000,000,000 $5,000,000,000.

2.1ARTICLE 2

2.2PUBLIC HEALTH

2.3	Section 1. SUMMARY OF APPROPRIATIONS.

2.4    The amounts shown in this section summarize direct appropriations by fund made
2.5in this article.

2.6			2008		2009		Total
2.7	General	$		$	(3,550,000)	$	(3,550,000)
2.8	State Government Special
2.9	Revenue		114,000		833,000		947,000
2.10	Total	$	114,000	$	(2,717,000)	$	(2,603,000)

2.11	Sec. 2. HEALTH APPROPRIATION.

2.12    The sums shown in the columns marked "Appropriations" are added to or, if shown
2.13in parentheses, subtracted from the appropriations in Laws 2007, chapter 147, or other
2.14law to the agencies and for the purposes specified in this article. The appropriations
2.15are from the general fund, or another named fund, and are available for the fiscal years
2.16indicated for each purpose. The figures "2008" and "2009" used in this article mean
2.17that the addition or subtraction from appropriations listed under them are available for
2.18the fiscal year ending June 30, 2008, or June 30, 2009, respectively. "The first year" is
2.19fiscal year 2008. "The second year" is fiscal year 2009. "The biennium" is fiscal years
2.202008 and 2009. Supplemental appropriations and reductions for the fiscal year ending
2.21June 30, 2008, are effective the day following final enactment.

2.22				APPROPRIATIONS
2.23				Available for the Year
2.24				Ending June 30
2.25					2008		2009

2.26

Sec. 3. COMMISSIONER OF HEALTH

2.27

Subdivision 1.Total Appropriation

$

$

(2,917,000)

2.28	Appropriations by Fund
2.29		2008	2009
2.30	General		(3,550,000)
2.31 2.32	State Government Special Revenue		633,000

2.33

Subd. 2.Community and Family Health

(1,900,000)

2.34Positive Alternatives. The appropriation for
2.35the positive abortion alternatives program,
3.1under Minnesota Statutes, section 145.4235,
3.2is reduced by $1,900,000 in the second
3.3year. Base level funding for this program
3.4is reduced by $1,900,000 each year of the
3.5biennium beginning July 1, 2009.

3.6

Subd. 3.Health Protection

633,000

3.7Base Adjustment. The state government
3.8special revenue fund base is increased
3.9$633,000 in fiscal year 2009 and $722,000 in
3.10fiscal years 2010 and 2011.

3.11

Subd. 4.Administrative Support Services

(1,650,000)

3.12Base Adjustment. The general fund base is
3.13reduced $1,650,000 in fiscal year 2009 and
3.14$1,581,000 in fiscal years 2010 and 2011.
3.15Operating Budget. The Department of
3.16Health must implement this reduction in
3.17a manner that does not result in the loss
3.18of federal funds. All budget reductions
3.19must be made with an emphasis on cutting
3.20administrative and overhead expenses,
3.21including, but not limited to, outstate travel,
3.22instate travel, compensation, and supplies
3.23with as little impact as possible on programs
3.24and services.

3.25

Sec. 4. HEALTH-RELATED BOARDS.

3.26	Subdivision 1.Total Appropriation
3.27 3.28	State Government Special Revenue			$	114,000	$	200,000

3.29 3.30

Subd. 2.Board of Nursing Home Administrators

3.31

State Government Special Revenue

100,000

200,000

3.32Administrative Services Unit. The amounts
3.33appropriated are for the administrative
3.34services unit to pay for costs of contested
4.1case hearings and other unanticipated costs
4.2of legal proceedings involving health-related
4.3boards funded under Laws 2007, chapter
4.4147, article 19, section 6. Upon certification
4.5of a health-related board to the administrative
4.6services unit that such costs will be
4.7incurred and that there are insufficient
4.8funds available to pay for such costs out of
4.9funds currently available to that board, the
4.10administrative services unit is authorized
4.11to transfer funds from this appropriation
4.12to the board for payment of those costs
4.13with the approval of the commissioner of
4.14finance. This appropriation shall not cancel.
4.15Any unencumbered and unspent balances
4.16remain available for these expenditures in
4.17subsequent fiscal years.

4.18 4.19

Subd. 3.Board of Marriage and Family Therapy

4.20

State Government Special Revenue

14,000

4.21    Sec. 5. Minnesota Statutes 2006, section 144.1222, subdivision 1a, is amended to read:
4.22    Subd. 1a. Fees. All plans and specifications for public swimming pool and spa
4.23construction, installation, or alteration or requests for a variance that are submitted to the
4.24commissioner according to Minnesota Rules, part 4717.3975, shall be accompanied by the
4.25appropriate fees. All public pool construction plans submitted for review after January 1,
4.262009, must be certified by a professional engineer registered in the state of Minnesota.
4.27If the commissioner determines, upon review of the plans, that inadequate fees were
4.28paid, the necessary additional fees shall be paid before plan approval. For purposes of
4.29determining fees, a project is defined as a proposal to construct or install a public pool,
4.30spa, special purpose pool, or wading pool and all associated water treatment equipment
4.31and drains, gutters, decks, water recreation features, spray pads, and those design and
4.32safety features that are within five feet of any pool or spa. The commissioner shall charge
4.33the following fees for plan review and inspection of public pools and spas and for requests
4.34for variance from the public pool and spa rules:
4.35    (1) each spa pool, $500 $800;
5.1    (2) projects valued at $250,000 or less, a minimum of $800 per pool plus: each
5.2spa pool, $500;
5.3    (i) (3) for each slide, an additional $400; and
5.4    (ii) for each spa pool, an additional $500;
5.5    (3) (4) projects valued at $250,000 or more, the greater of the sum of the fees in
5.6clauses (1), (2), and (3) or 0.5 percent of the documented estimated project cost to a
5.7maximum fee of $10,000;
5.8    (4) (5) alterations to an existing pool without changing the size or configuration
5.9of the pool, $400;
5.10    (5) (6) removal or replacement of pool disinfection equipment only, $75; and
5.11    (6) (7) request for variance from the public pool and spa rules, $500.

5.12    Sec. 6. Minnesota Statutes 2006, section 144.1222, is amended by adding a subdivision
5.13to read:
5.14    Subd. 1b. Public pool construction. For all public pools constructed after January
5.151, 2009, without a gravity outlet or drain, each pump must be connected to at least two
5.16suction outlets, connected in parallel with suction outlet covers that meet ASME/ANSI
5.17standards.

5.18    Sec. 7. Minnesota Statutes 2006, section 144.1222, is amended by adding a subdivision
5.19to read:
5.20    Subd. 1c. Public pools; required equipment. (a) Beginning January 1, 2010, all
5.21public pools with the deepest water being less than four feet deep must have either:
5.22    (1) an unblockable suction outlet or drain;
5.23    (2) at least two suction outlets, connected in parallel with suction outlet covers that
5.24meet ASME/ANSI standards; or
5.25    (3) a gravity outlet or drain.
5.26    (b) Beginning January 1, 2011, all other existing public pools must have either:
5.27    (1) an unblockable suction outlet or drain;
5.28    (2) at least two suction outlets, connected in parallel with suction outlet covers that
5.29meet ASME/ANSI standards; or
5.30    (3) a gravity outlet or drain.
5.31    (c) By June 1, 2008, all drain covers and grates must be installed with screws that
5.32meet the manufacturer's specifications.
5.33    (d) By July 1, 2008, and annually thereafter, all public pool owners must certify to
5.34the commissioner on a form prescribed by the commissioner that:
6.1    (1) all outlets except for unblockable drains and gravity drains are equipped with
6.2covers that have been stamped by the manufacturer that they are in compliance with
6.3ASME/ANSI standards; and
6.4    (2) all covers and grates, including mounting rings, have been inspected to ensure
6.5that they have been properly installed and are not broken or loose.

6.6    Sec. 8. Minnesota Statutes 2006, section 144.1222, is amended by adding a subdivision
6.7to read:
6.8    Subd. 1d. Safety inspections. (a) The pool operator is required to conduct a
6.9physical inspection of the drain covers and grates on a daily basis. The record required
6.10under Minnesota Rules, part 4717.0750, must indicate that this inspection was completed
6.11every day the pool is open for use.
6.12    (b) If at any time an outlet cover or grate is missing, broken, or loose, the pool must
6.13be closed immediately. The pool may not open until the missing or broken cover or grate
6.14has been replaced according to the manufacturer's specifications, or the loose cover or
6.15grate has been reattached according to the manufacturer's specifications.

6.16    Sec. 9. Minnesota Statutes 2006, section 144.1222, is amended by adding a subdivision
6.17to read:
6.18    Subd. 4. Definitions. (a) For purposes of this section, the following terms have
6.19the meanings given them.
6.20    (b) "ASME/ANSI standard" means a safety standard accredited by the American
6.21National Standards Institute and published by the American Society of Mechanical
6.22Engineers.
6.23    (c) "ASTM standard" means a safety standard issued by ASTM International,
6.24formerly known as the American Society for Testing and Materials.
6.25    (d) "Public pool" means any pool other than a private residential pool, that is open to
6.26the public generally, whether for a fee or free of charge; open exclusively to members of
6.27an organization and their guests; residents of a multiunit apartment building, apartment
6.28complex, residential real estate development, or other multifamily residential area; or
6.29patrons of a hotel or lodging or other public accommodation facility; or operated by
6.30a person in a park, school, licensed child care facility, group home, motel, camp, resort,
6.31club, condominium, manufactured home park, or political subdivision with the exception
6.32of swimming pools at family day care homes licensed under section 245A.14, subdivision
6.3311, paragraph (a).
7.1    (e) "Unblockable suction outlet or drain" means a drain of any size and shape that a
7.2human body cannot sufficiently block to create a suction entrapment hazard and meets
7.3ASME/ANSI standards.

7.4    Sec. 10. Minnesota Statutes 2006, section 157.16, as amended by Laws 2007, chapter
7.5147, article 9, section 34, is amended to read:
7.6157.16 LICENSES REQUIRED; FEES.
7.7    Subdivision 1. License required annually. A license is required annually for
7.8every person, firm, or corporation engaged in the business of conducting a food and
7.9beverage service establishment, hotel, motel, lodging establishment, public pool, or
7.10resort. Any person wishing to operate a place of business licensed in this section shall
7.11first make application, pay the required fee specified in this section, and receive approval
7.12for operation, including plan review approval. Seasonal and temporary food stands and
7.13special event food stands are not required to submit plans. Nonprofit organizations
7.14operating a special event food stand with multiple locations at an annual one-day event
7.15shall be issued only one license. Application shall be made on forms provided by the
7.16commissioner and shall require the applicant to state the full name and address of the
7.17owner of the building, structure, or enclosure, the lessee and manager of the food and
7.18beverage service establishment, hotel, motel, lodging establishment, public pool, or resort;
7.19the name under which the business is to be conducted; and any other information as may
7.20be required by the commissioner to complete the application for license.
7.21    Subd. 2. License renewal. Initial and renewal licenses for all food and beverage
7.22service establishments, hotels, motels, lodging establishments, public pools, and resorts
7.23shall be issued for the calendar year for which application is made and shall expire
7.24on December 31 of such year. Any person who operates a place of business after the
7.25expiration date of a license or without having submitted an application and paid the fee
7.26shall be deemed to have violated the provisions of this chapter and shall be subject to
7.27enforcement action, as provided in the Health Enforcement Consolidation Act, sections
7.28144.989 to 144.993. In addition, a penalty of $50 shall be added to the total of the license
7.29fee for any food and beverage service establishment operating without a license as a
7.30mobile food unit, a seasonal temporary or seasonal permanent food stand, or a special
7.31event food stand, and a penalty of $100 shall be added to the total of the license fee for all
7.32restaurants, food carts, hotels, motels, lodging establishments, public pools, and resorts
7.33operating without a license for a period of up to 30 days. A late fee of $300 shall be added
7.34to the license fee for establishments operating more than 30 days without a license.
8.1    Subd. 2a. Food manager certification. An applicant for certification or certification
8.2renewal as a food manager must submit to the commissioner a $28 nonrefundable
8.3certification fee payable to the Department of Health.
8.4    Subd. 3. Establishment fees; definitions. (a) The following fees are required for
8.5food and beverage service establishments, hotels, motels, lodging establishments, public
8.6pools, and resorts licensed under this chapter. Food and beverage service establishments
8.7must pay the highest applicable fee under paragraph (d), clause (1), (2), (3), or (4), and
8.8establishments serving alcohol must pay the highest applicable fee under paragraph (d),
8.9clause (6) or (7). The license fee for new operators previously licensed under this chapter
8.10for the same calendar year is one-half of the appropriate annual license fee, plus any
8.11penalty that may be required. The license fee for operators opening on or after October 1
8.12is one-half of the appropriate annual license fee, plus any penalty that may be required.
8.13    (b) All food and beverage service establishments, except special event food stands,
8.14and all hotels, motels, lodging establishments, public pools, and resorts shall pay an
8.15annual base fee of $150.
8.16    (c) A special event food stand shall pay a flat fee of $40 annually. "Special event
8.17food stand" means a fee category where food is prepared or served in conjunction with
8.18celebrations, county fairs, or special events from a special event food stand as defined
8.19in section 157.15.
8.20    (d) In addition to the base fee in paragraph (b), each food and beverage service
8.21establishment, other than a special event food stand, and each hotel, motel, lodging
8.22establishment, public pool, and resort shall pay an additional annual fee for each fee
8.23category, additional food service, or required additional inspection specified in this
8.24paragraph:
8.25    (1) Limited food menu selection, $50. "Limited food menu selection" means a fee
8.26category that provides one or more of the following:
8.27    (i) prepackaged food that receives heat treatment and is served in the package;
8.28    (ii) frozen pizza that is heated and served;
8.29    (iii) a continental breakfast such as rolls, coffee, juice, milk, and cold cereal;
8.30    (iv) soft drinks, coffee, or nonalcoholic beverages; or
8.31    (v) cleaning for eating, drinking, or cooking utensils, when the only food served
8.32is prepared off site.
8.33    (2) Small establishment, including boarding establishments, $100. "Small
8.34establishment" means a fee category that has no salad bar and meets one or more of
8.35the following:
9.1    (i) possesses food service equipment that consists of no more than a deep fat fryer, a
9.2grill, two hot holding containers, and one or more microwave ovens;
9.3    (ii) serves dipped ice cream or soft serve frozen desserts;
9.4    (iii) serves breakfast in an owner-occupied bed and breakfast establishment;
9.5    (iv) is a boarding establishment; or
9.6    (v) meets the equipment criteria in clause (3), item (i) or (ii), and has a maximum
9.7patron seating capacity of not more than 50.
9.8    (3) Medium establishment, $260. "Medium establishment" means a fee category
9.9that meets one or more of the following:
9.10    (i) possesses food service equipment that includes a range, oven, steam table, salad
9.11bar, or salad preparation area;
9.12    (ii) possesses food service equipment that includes more than one deep fat fryer,
9.13one grill, or two hot holding containers; or
9.14    (iii) is an establishment where food is prepared at one location and served at one or
9.15more separate locations.
9.16    Establishments meeting criteria in clause (2), item (v), are not included in this fee
9.17category.
9.18    (4) Large establishment, $460. "Large establishment" means either:
9.19    (i) a fee category that (A) meets the criteria in clause (3), items (i) or (ii), for a
9.20medium establishment, (B) seats more than 175 people, and (C) offers the full menu
9.21selection an average of five or more days a week during the weeks of operation; or
9.22    (ii) a fee category that (A) meets the criteria in clause (3), item (iii), for a medium
9.23establishment, and (B) prepares and serves 500 or more meals per day.
9.24    (5) Other food and beverage service, including food carts, mobile food units,
9.25seasonal temporary food stands, and seasonal permanent food stands, $50.
9.26    (6) Beer or wine table service, $50. "Beer or wine table service" means a fee
9.27category where the only alcoholic beverage service is beer or wine, served to customers
9.28seated at tables.
9.29    (7) Alcoholic beverage service, other than beer or wine table service, $135.
9.30    "Alcohol beverage service, other than beer or wine table service" means a fee
9.31category where alcoholic mixed drinks are served or where beer or wine are served from
9.32a bar.
9.33    (8) Lodging per sleeping accommodation unit, $8, including hotels, motels,
9.34lodging establishments, and resorts, up to a maximum of $800. "Lodging per sleeping
9.35accommodation unit" means a fee category including the number of guest rooms, cottages,
10.1or other rental units of a hotel, motel, lodging establishment, or resort; or the number of
10.2beds in a dormitory.
10.3    (9) First public swimming pool, $180; each additional public swimming pool, $100.
10.4"Public swimming pool" means a fee category that has the meaning given in Minnesota
10.5Rules, part 4717.0250, subpart 8 section 144.1222, subdivision 4.
10.6    (10) First spa, $110; each additional spa, $50. "Spa pool" means a fee category that
10.7has the meaning given in Minnesota Rules, part 4717.0250, subpart 9.
10.8    (11) Private sewer or water, $50. "Individual private water" means a fee category
10.9with a water supply other than a community public water supply as defined in Minnesota
10.10Rules, chapter 4720. "Individual private sewer" means a fee category with an individual
10.11sewage treatment system which uses subsurface treatment and disposal.
10.12    (12) Additional food service, $130. "Additional food service" means a location at
10.13a food service establishment, other than the primary food preparation and service area,
10.14used to prepare or serve food to the public.
10.15    (13) Additional inspection fee, $300. "Additional inspection fee" means a fee to
10.16conduct the second inspection each year for elementary and secondary education facility
10.17school lunch programs when required by the Richard B. Russell National School Lunch
10.18Act.
10.19    (e) A fee of $350 for review of the construction plans must accompany the initial
10.20license application for restaurants, hotels, motels, lodging establishments, or resorts with
10.21five or more sleeping units.
10.22    (f) When existing food and beverage service establishments, hotels, motels, lodging
10.23establishments, or resorts are extensively remodeled, a fee of $250 must be submitted
10.24with the remodeling plans. A fee of $250 must be submitted for new construction or
10.25remodeling for a restaurant with a limited food menu selection, a seasonal permanent
10.26food stand, a mobile food unit, or a food cart, or for a hotel, motel, resort, or lodging
10.27establishment addition of less than five sleeping units.
10.28    (g) Seasonal temporary food stands and special event food stands are not required to
10.29submit construction or remodeling plans for review.
10.30    Subd. 3a. Statewide hospitality fee. Every person, firm, or corporation that
10.31operates a licensed boarding establishment, food and beverage service establishment,
10.32seasonal temporary or permanent food stand, special event food stand, mobile food unit,
10.33food cart, resort, hotel, motel, or lodging establishment in Minnesota must submit to the
10.34commissioner a $35 annual statewide hospitality fee for each licensed activity. The fee
10.35for establishments licensed by the Department of Health is required at the same time the
11.1licensure fee is due. For establishments licensed by local governments, the fee is due by
11.2July 1 of each year.
11.3    Subd. 4. Posting requirements. Every food and beverage service establishment,
11.4hotel, motel, lodging establishment, public pool, or resort must have the license posted in
11.5a conspicuous place at the establishment.

11.6    Sec. 11. [325F.172] DEFINITIONS.
11.7    For the purposes of sections 325F.172 to 325F.175, the following terms have the
11.8meanings given them.
11.9    (a) "BBP" means benzyl butyl phthalate, CAS # 85-68-7.
11.10    (b) "Child" means a person under three years of age.
11.11    (c) "Children's product" means a product, other than a food or beverage product
11.12contained in a can, except in those used for infant formulas, designed or intended by a
11.13manufacturer to be used by a child:
11.14    (1) as a toy or an article of clothing;
11.15    (2) to facilitate sleep, relaxation, or feeding; or
11.16    (3) to be rubbed, poured, sprinkled, sprayed on, introduced into, or otherwise
11.17applied to the human body or any part thereof, including any article used as a component
11.18of such a product.
11.19    (d) "DBP" means di-n-butyl phthalate, CAS # 84-74-2.
11.20    (e) "DEHP" means di (2-ethylhexyl) phthalate, CAS # 117-81-7.
11.21    (f) "DIDP" means di-isodecyl phthalate, CAS # 26761-40-0.
11.22    (g) "DINP" means di-iso-nonyl phthalate, CAS # 71549-78-5.
11.23    (h) "DNOP" means di-n-octyl phthalate, CAS # 117-84-6.
11.24EFFECTIVE DATE.This section is effective the day following final enactment.

11.25    Sec. 12. [325F.173] BISPHENOL-A IN CHILDREN'S PRODUCTS; BAN.
11.26    Beginning January 1, 2009, no manufacturer may sell or offer for initial sale at retail
11.27in this state a children's product that contains bisphenol-A. For purposes of this section,
11.28"bisphenol-A" means an estrogen-mimicking endocrine disrupting chemical used in the
11.29production of epoxy resins and polycarbonate plastics.
11.30EFFECTIVE DATE.This section is effective the day following final enactment.

11.31    Sec. 13. [325F.174] PHTHALATES IN CHILDREN'S PRODUCTS; BAN.
12.1    (a) Beginning January 1, 2009, no manufacturer may sell or offer for initial sale at
12.2retail in this state a children's product that contains one of the following phthalates: DEHP,
12.3DBP, or BBP, in concentrations exceeding 0.1 percent, including plastic tubing used to
12.4deliver a solution intravenously to a child under three years of age.
12.5    (b) Beginning January 1, 2009, no manufacturer or entity may sell or offer for initial
12.6sale at retail in this state any children's product that can be placed in a child's mouth
12.7and contains one of the following phthalates: DINP, DIDP, or DNOP, in concentrations
12.8exceeding 0.1 percent.
12.9    (c) For purposes of this section, "phthalates" means a class of chemicals used to
12.10provide flexibility to polyvinyl chloride (PVC) plastic.
12.11EFFECTIVE DATE.This section is effective the day following final enactment.

12.12    Sec. 14. [325F.175] REPLACEMENT CHEMICALS.
12.13    A manufacturer shall not replace bisphenol-A or phthalates as a result of the
12.14prohibitions in section 325F.173 or 325F.174 with a chemical that is:
12.15    (1) classified as "known to be a human carcinogen" or "reasonably anticipated to be
12.16a human carcinogen" in the most recent Report on Carcinogens published by the National
12.17Toxicology Program in the United States Department of Health and Human Services; or
12.18    (2) identified by the federal Environmental Protection Agency as causing birth
12.19defects or reproductive or environmental harm.
12.20EFFECTIVE DATE.This section is effective the day following final enactment.

12.21    Sec. 15. [325F.176] PARTICIPATION IN INTERSTATE CLEARINGHOUSE.
12.22    The Pollution Control Agency may participate in the establishment and
12.23implementation of a multistate clearinghouse to identify children's products containing
12.24bisphenol-A and phthalates and to evaluate safer alternatives that may be substituted
12.25for those chemicals.
12.26EFFECTIVE DATE.This section is effective the day following final enactment.

12.27    Sec. 16. DEPARTMENT OF HEALTH.
12.28    The positions held by the most recently hired deputy commissioner of health and the
12.29most recently hired assistant commissioner of health are abolished.
12.30EFFECTIVE DATE.This section is effective the day following final enactment.

13.1    Sec. 17. PROGRAMS CONSOLIDATED.
13.2    The commissioner of health shall consolidate the positive abortion alternatives
13.3program, under Minnesota Statutes, section 145.4235, and woman's right to know
13.4program, under Minnesota Statutes, sections 145.4241 to 145.4249. In addition to
13.5consolidation of operations for these two programs, the Web sites for these programs
13.6shall be consolidated into one Web site.

13.7    Sec. 18. RULEMAKING.
13.8The Department of Health shall adopt rules to change the definition of public pool
13.9in Minnesota Rules, part 4717.0250, subpart 8, to reflect the definition of public pool in
13.10section 9.

13.11ARTICLE 3

13.12ADOPTION

13.13    Section 1. Minnesota Statutes 2006, section 13.465, subdivision 8, is amended to read:
13.14    Subd. 8. Adoption records. Various adoption records are classified under section
13.15259.53, subdivision 1 . Access to the original birth record of a person who has been
13.16adopted is governed by section 259.89 144.2253.

13.17    Sec. 2. Minnesota Statutes 2006, section 144.218, subdivision 1, is amended to read:
13.18    Subdivision 1. Adoption. (a) Upon receipt of a certified copy of an order, decree,
13.19or certificate of adoption, the state registrar shall register a replacement vital record in
13.20the new name of the adopted person. Except as provided in paragraph (b), the original
13.21record of birth is confidential pursuant to private data on individuals as defined in section
13.2213.02, subdivision 3 12 , and shall not be disclosed except pursuant to court order or
13.23section 144.2252 or 144.2253.
13.24    (b) The information contained on the original birth record, except for the registration
13.25number, shall be provided on request to: (1) a parent who is named on the original birth
13.26record; or (2) the adopted person who is subject of the record if the person is at least 19
13.27years of age, unless there is an affidavit of nondisclosure on file with the state registrar.
13.28Upon the receipt of a certified copy of a court order of annulment of adoption the state
13.29registrar shall restore the original vital record to its original place in the file.

13.30    Sec. 3. Minnesota Statutes 2006, section 144.225, subdivision 2, is amended to read:
13.31    Subd. 2. Data about births. (a) Except as otherwise provided in this subdivision,
13.32data pertaining to the birth of a child to a woman who was not married to the child's father
14.1when the child was conceived nor when the child was born, including the original record
14.2of birth and the certified vital record, are confidential data. At the time of the birth of a
14.3child to a woman who was not married to the child's father when the child was conceived
14.4nor when the child was born, the mother may designate demographic data pertaining to
14.5the birth as public. Notwithstanding the designation of the data as confidential, it may
14.6be disclosed:
14.7    (1) to a parent or guardian of the child;
14.8    (2) to the child when the child is 16 years of age or older;
14.9    (3) under paragraph (b) or (e); or
14.10    (4) pursuant to a court order. For purposes of this section, a subpoena does not
14.11constitute a court order.
14.12    (b) Unless the child is adopted, data pertaining to the birth of a child that are not
14.13accessible to the public become public data if 100 years have elapsed since the birth of
14.14the child who is the subject of the data, or as provided under section 13.10, whichever
14.15occurs first.
14.16    (c) If a child is adopted, data pertaining to the child's birth are governed by the
14.17provisions relating to adoption records, including sections 13.10, subdivision 5; 144.218,
14.18subdivision 1 ; 144.2252; 144.2253; and 259.89.
14.19    (d) The name and address of a mother under paragraph (a) and the child's date of
14.20birth may be disclosed to the county social services or public health member of a family
14.21services collaborative for purposes of providing services under section 124D.23.
14.22    (e) The commissioner of human services shall have access to birth records for:
14.23    (1) the purposes of administering medical assistance, general assistance medical
14.24care, and the MinnesotaCare program;
14.25    (2) child support enforcement purposes; and
14.26    (3) other public health purposes as determined by the commissioner of health.

14.27    Sec. 4. Minnesota Statutes 2006, section 144.2252, is amended to read:
14.28144.2252 ACCESS TO ORIGINAL BIRTH RECORD AFTER ADOPTION.
14.29    (a) Whenever an adopted person requests the state registrar to disclose the
14.30information on the adopted person's original birth record, the state registrar shall act
14.31according to section 259.89 144.2253.
14.32    (b) The state registrar shall provide a transcript of an adopted person's original birth
14.33record to an authorized representative of a federally recognized American Indian tribe
14.34for the sole purpose of determining the adopted person's eligibility for enrollment or
14.35membership. Information contained in the birth record may not be used to provide the
15.1adopted person information about the person's birth parents, except as provided in this
15.2section or section 259.83 144.2253.

15.3    Sec. 5. [144.2253] ACCESS TO ORIGINAL BIRTH RECORDS BY ADOPTED
15.4PERSON; DEPARTMENT DUTIES.
15.5    Subdivision 1. Affidavits. The department shall prepare affidavit of disclosure and
15.6nondisclosure forms under which a birth parent may agree to or object to the release of the
15.7original birth record to the adopted person. The department shall make the forms readily
15.8accessible to birth parents on the department's Web site.
15.9    Subd. 2. Disclosure. Upon request, the state registrar shall provide a noncertified
15.10copy of the original birth record to an adopted person age 19 or older unless there is an
15.11affidavit of nondisclosure on file. The state registrar must comply with the terms of the
15.12affidavits of disclosure or affidavits of nondisclosure.
15.13    Subd. 3. Recission of affidavit. A birth parent may rescind an affidavit of disclosure
15.14or an affidavit of nondisclosure at any time.
15.15    Subd. 4. Affidavit of nondisclosure; access to birth record. (a) If an affidavit
15.16of nondisclosure is on file with the state registrar, an adopted person age 19 or older
15.17may petition the appropriate court for disclosure of the original birth record according to
15.18section 259.61. The court shall grant the petition, if, after consideration of the interests
15.19of all known persons affected by the petition, the court determines that the benefits of
15.20disclosure of the information are greater than the benefits of nondisclosure.
15.21    (b) An adopted person age 19 or older may request the state registrar to search the
15.22state death records to determine if the birth parent is deceased. The state registrar may
15.23impose a fee for the record search. If the birth parent is deceased, a noncertified copy of
15.24the original birth record must be released only to the adopted person making the request.
15.25    Subd. 5. Information provided. (a) The department shall, in consultation with
15.26adoption agencies and adoption advocates, provide information and educational materials
15.27to adopted persons and birth parents about the changes in the law affecting accessibility
15.28to birth records. For purposes of this subdivision, an adoption advocate is a nonprofit
15.29organization that works with adoption issues in Minnesota.
15.30    (b) The department shall provide notice on the department Web site about the
15.31change in the law under this article, and will direct individuals to private agencies and
15.32advocates for postadoption resources.

15.33    Sec. 6. Minnesota Statutes 2006, section 144.226, subdivision 1, is amended to read:
16.1    Subdivision 1. Which services are for fee. The fees for the following services shall
16.2be the following or an amount prescribed by rule of the commissioner:
16.3    (a) The fee for the issuance of a certified vital record or a certification that the vital
16.4record cannot be found is $9. No fee shall be charged for a certified birth, stillbirth, or
16.5death record that is reissued within one year of the original issue, if an amendment is
16.6made to the vital record and if the previously issued vital record is surrendered. The
16.7fee is nonrefundable.
16.8    (b) The fee for processing a request for the replacement of a birth record for
16.9all events, except when filing a recognition of parentage pursuant to section 257.73,
16.10subdivision 1 , is $40. The fee is payable at the time of application and is nonrefundable.
16.11    (c) The fee for processing a request for the filing of a delayed registration of
16.12birth, stillbirth, or death is $40. The fee is payable at the time of application and is
16.13nonrefundable. This fee includes one subsequent review of the request if the request
16.14is not acceptable upon the initial receipt.
16.15    (d) The fee for processing a request for the amendment of any vital record when
16.16requested more than 45 days after the filing of the vital record is $40. No fee shall be
16.17charged for an amendment requested within 45 days after the filing of the vital record.
16.18The fee is payable at the time of application and is nonrefundable. This fee includes one
16.19subsequent review of the request if the request is not acceptable upon the initial receipt.
16.20    (e) The fee for processing a request for the verification of information from vital
16.21records is $9 when the applicant furnishes the specific information to locate the vital
16.22record. When the applicant does not furnish specific information, the fee is $20 per hour
16.23for staff time expended. Specific information includes the correct date of the event and
16.24the correct name of the registrant. Fees charged shall approximate the costs incurred in
16.25searching and copying the vital records. The fee is payable at the time of application
16.26and is nonrefundable.
16.27    (f) The fee for processing a request for the issuance of a copy of any document on
16.28file pertaining to a vital record or statement that a related document cannot be found is $9.
16.29The fee is payable at the time of application and is nonrefundable.
16.30    (g) The department shall charge a fee of $18 for noncertified copies of birth records
16.31provided to adopted persons age 19 or older. The fee shall cover the costs of providing
16.32the birth record and any costs associated with the distribution of information to adopted
16.33persons and birth parents in subdivision 5.

16.34    Sec. 7. Minnesota Statutes 2006, section 259.89, subdivision 1, is amended to read:
17.1    Subdivision 1. Request. An adopted person who is 19 years of age or over may
17.2request the commissioner of health to disclose the information on the adopted person's
17.3original birth record. The commissioner of health shall, within five days of receipt of
17.4the request, notify the commissioner of human services in writing of the request by the
17.5adopted person.

17.6    Sec. 8. Minnesota Statutes 2006, section 260C.317, subdivision 4, is amended to read:
17.7    Subd. 4. Rights of terminated parent. Upon entry of an order terminating the
17.8parental rights of any person who is identified as a parent on the original birth record of
17.9the child as to whom the parental rights are terminated, the court shall cause written
17.10notice to be made to that person setting forth:
17.11    (1) the right of the person to file at any time with the state registrar of vital statistics
17.12a consent to disclosure, as defined in section 144.212, subdivision 11;
17.13    (2) the right of the person to file at any time with the state registrar of vital statistics
17.14an affidavit stating that the information on the original birth record shall not be disclosed
17.15as provided in section 144.2252 144.2253; and
17.16    (3) the effect of a failure to file either a consent to disclosure, as defined in section
17.17144.212, subdivision 11 , or an affidavit stating that the information on the original birth
17.18record shall not be disclosed.

17.19    Sec. 9. ADOPTION AGENCIES; FEE.
17.20    Adoption agencies may charge a fee for counseling and support services provided to
17.21adopted persons and birth parents.

17.22    Sec. 10. REPEALER.
17.23Minnesota Statutes 2006, sections 259.83, subdivision 3; and 259.89, subdivisions 2,
17.243, 4, and 5, are repealed.

17.25    Sec. 11. EFFECTIVE DATE.
17.26    This article is effective July 1, 2009.

17.27ARTICLE 4

17.28DEPARTMENT OF HUMAN SERVICES

17.29

Section 1. SUMMARY OF APPROPRIATIONS.

17.30    The amounts shown in this section summarize direct appropriations by fund made
17.31in this article.

18.1			2008		2009		Total
18.2	General	$		$	1,237,000	$	1,237,000
18.3	Total	$		$	1,237,000	$	1,237,000

18.4	Sec. 2. HEALTH AND HUMAN SERVICES APPROPRIATION.

18.5    The sums shown in the columns marked "Appropriations" are added to or, if shown
18.6in parentheses, subtracted from the appropriations in Laws 2007, chapter 147, or other
18.7law to the agencies and for the purposes specified in this article. The appropriations
18.8are from the general fund, or another named fund, and are available for the fiscal years
18.9indicated for each purpose. The figures "2008" and "2009" used in this article mean
18.10that the addition or subtraction from appropriations listed under them are available for
18.11the fiscal year ending June 30, 2008, or June 30, 2009, respectively. "The first year" is
18.12fiscal year 2008. "The second year" is fiscal year 2009. "The biennium" is fiscal years
18.132008 and 2009. Supplemental appropriations and reductions for the fiscal year ending
18.14June 30, 2008, are effective the day following final enactment.

18.15				APPROPRIATIONS
18.16				Available for the Year
18.17				Ending June 30
18.18					2008		2009

18.19 18.20

Sec. 3. APPROPRIATION FOR FOODSHELF PROGRAMS.

$

$

619,000

18.21$619,000 is appropriated in fiscal year 2009
18.22from the general fund to the commissioner of
18.23human services for foodshelf programs under
18.24Minnesota Statutes, section 256E.34. This
18.25is a onetime appropriation and is available
18.26until expended.

18.27 18.28 18.29

Sec. 4. APPROPRIATION FOR LONG-TERM HOMELESS SUPPORTIVE SERVICES.

$

$

618,000

18.30$618,000 is appropriated from the general
18.31fund to the commissioner of human services
18.32in fiscal year 2009 for the long-term homeless
18.33supportive services fund under Minnesota
18.34Statutes, section 256K.26. This is a onetime
18.35appropriation and is available until expended.

19.1    Sec. 5. Laws 2007, chapter 147, article 19, section 3, subdivision 4, is amended to read:

19.2 19.3

Subd. 4. Children and Economic Assistance Grants

19.4The amounts that may be spent from this
19.5appropriation for each purpose are as follows:

19.6

(a) MFIP/DWP Grants

19.7	Appropriations by Fund
19.8	General	62,069,000	62,405,000
19.9	Federal TANF	75,904,000	80,841,000

19.10

(b) Support Services Grants

19.11	Appropriations by Fund
19.12	General	8,715,000	8,715,000
19.13	Federal TANF	113,429,000	115,902,000

19.14TANF Prior Appropriation Cancellation.
19.15Notwithstanding Laws 2001, First Special
19.16Session chapter 9, article 17, section
19.172, subdivision 11, paragraph (b), any
19.18unexpended TANF funds appropriated to the
19.19commissioner to contract with the Board of
19.20Trustees of Minnesota State Colleges and
19.21Universities, to provide tuition waivers to
19.22employees of health care and human service
19.23providers that are members of qualifying
19.24consortia operating under Minnesota
19.25Statutes, sections 116L.10 to 116L.15, must
19.26cancel at the end of fiscal year 2007.
19.27MFIP Pilot Program. Of the TANF
19.28appropriation, $100,000 in fiscal year 2008
19.29and $750,000 in fiscal year 2009 are for a
19.30grant to the Stearns-Benton Employment and
19.31Training Council for the Workforce U pilot
19.32program. Base level funding for this program
19.33shall be $750,000 in 2010 and $0 in 2011.
19.34Supported Work. (1) Of the TANF
19.35appropriation, $5,468,000 in fiscal year
20.12008 and $7,291,000 in fiscal year
20.22009 are for supported work for MFIP
20.3participants, to be allocated to counties
20.4and tribes based on the criteria under
20.5clauses (2) and (3). Paid transitional work
20.6experience and other supported employment
20.7under this rider provides a continuum of
20.8employment assistance, including outreach
20.9and recruitment, program orientation
20.10and intake, testing and assessment, job
20.11development and marketing, preworksite
20.12training, supported worksite experience, job
20.13coaching, and postplacement follow-up, in
20.14addition to extensive case management and
20.15referral services. * (The preceding text "and
20.16$7,291,000 in fiscal year 2009" was indicated
20.17as vetoed by the governor.)
20.18(2) A county or tribe is eligible to receive an
20.19allocation under this rider if:
20.20(i) the county or tribe is not meeting the
20.21federal work participation rate;
20.22(ii) the county or tribe has participants who
20.23are required to perform work activities under
20.24Minnesota Statutes, chapter 256J, but are not
20.25meeting hourly work requirements; and
20.26(iii) the county or tribe has assessed
20.27participants who have completed six weeks
20.28of job search or are required to perform
20.29work activities and are not meeting the
20.30hourly requirements, and the county or tribe
20.31has determined that the participant would
20.32benefit from working in a supported work
20.33environment.
20.34(3) A county or tribe may also be eligible for
20.35funds in order to contract for supplemental
21.1hours of paid work at the participant's child's
21.2place of education, child care location, or the
21.3child's physical or mental health treatment
21.4facility or office. This grant to counties and
21.5tribes is specifically for MFIP participants
21.6who need to work up to five hours more
21.7per week in order to meet the hourly work
21.8requirement, and the participant's employer
21.9cannot or will not offer more hours to the
21.10participant.
21.11Work Study. Of the TANF appropriation,
21.12$750,000 each year are to the commissioner
21.13to contract with the Minnesota Office of
21.14Higher Education for the biennium beginning
21.15July 1, 2007, for work study grants under
21.16Minnesota Statutes, section 136A.233,
21.17specifically for low-income individuals who
21.18receive assistance under Minnesota Statutes,
21.19chapter 256J, and for grants to opportunities
21.20industrialization centers. * (The preceding
21.21text beginning "Work Study. Of the TANF
21.22appropriation," was indicated as vetoed by
21.23the governor.)
21.24Integrated Service Projects. $2,500,000
21.25in fiscal year 2008 and $2,500,000 in fiscal
21.26year 2009 are appropriated from the TANF
21.27fund to the commissioner to continue to
21.28fund the existing integrated services projects
21.29for MFIP families, and if funding allows,
21.30additional similar projects.
21.31Base Adjustment. The TANF base for fiscal
21.32year 2010 is $115,902,000 and for fiscal year
21.332011 is $115,152,000.

21.34

(c) MFIP Child Care Assistance Grants

21.35

General

74,654,000

71,951,000

22.1 22.2

(d) Basic Sliding Fee Child Care Assistance Grants

22.3

General

42,995,000

45,008,000

22.4Base Adjustment. The general fund base
22.5is $44,881,000 for fiscal year 2010 and
22.6$44,852,000 for fiscal year 2011.
22.7At-Home Infant Care Program. No
22.8funding shall be allocated to or spent on
22.9the at-home infant care program under
22.10Minnesota Statutes, section 119B.035.

22.11

(e) Child Care Development Grants

22.12

General

4,390,000

6,390,000

22.13Prekindergarten Exploratory Projects. Of
22.14the general fund appropriation, $2,000,000
22.15the first year and $4,000,000 the second
22.16year are for grants to the city of St. Paul,
22.17Hennepin County, and Blue Earth County to
22.18establish scholarship demonstration projects
22.19to be conducted in partnership with the
22.20Minnesota Early Learning Foundation to
22.21promote children's school readiness. This
22.22appropriation is available until June 30, 2009.
22.23Child Care Services Grants. Of this
22.24appropriation, $500,000 each year are for
22.25the purpose of providing child care services
22.26grants under Minnesota Statutes, section
22.27119B.21, subdivision 5 . This appropriation
22.28is for the 2008-2009 biennium only, and does
22.29not increase the base funding.
22.30Early Childhood Professional
22.31Development System. Of this appropriation,
22.32$500,000 each year are for purposes of the
22.33early childhood professional development
22.34system, which increases the quality and
23.1continuum of professional development
23.2opportunities for child care practitioners.
23.3This appropriation is for the 2008-2009
23.4biennium only, and does not increase the
23.5base funding.
23.6Base Adjustment. The general fund base
23.7is $1,515,000 for each of fiscal years 2010
23.8and 2011.

23.9

(f) Child Support Enforcement Grants

23.10

General

11,038,000

3,705,000

23.11Child Support Enforcement. $7,333,000
23.12for fiscal year 2008 is to make grants to
23.13counties for child support enforcement
23.14programs to make up for the loss under the
23.152005 federal Deficit Reduction Act of federal
23.16matching funds for federal incentive funds
23.17passed on to the counties by the state.
23.18This appropriation is available until June 30,
23.192009.

23.20

(g) Children's Services Grants

23.21	Appropriations by Fund
23.22	General	63,647,000	71,147,000
23.23	Health Care Access	250,000	-0-
23.24	TANF	240,000	340,000

23.25Grants for Programs Serving Young
23.26Parents. Of the TANF fund appropriation,
23.27$140,000 each year is for a grant to a program
23.28or programs that provide comprehensive
23.29services through a private, nonprofit agency
23.30to young parents in Hennepin County who
23.31have dropped out of school and are receiving
23.32public assistance. The program administrator
23.33shall report annually to the commissioner on
23.34skills development, education, job training,
24.1and job placement outcomes for program
24.2participants.
24.3County Allocations for Rate Increases.
24.4County Children and Community Services
24.5Act allocations shall be increased by
24.6$197,000 effective October 1, 2007, and
24.7$696,000 effective October 1, 2008, to help
24.8counties pay for the rate adjustments to
24.9day training and habilitation providers for
24.10participants paid by county social service
24.11funds. Notwithstanding the provisions of
24.12Minnesota Statutes, section 256M.40, the
24.13allocation to a county shall be based on
24.14the county's proportion of social services
24.15spending for day training and habilitation
24.16services as determined in the most recent
24.17social services expenditure and grant
24.18reconciliation report.
24.19Privatized Adoption Grants. Federal
24.20reimbursement for privatized adoption grant
24.21and foster care recruitment grant expenditures
24.22is appropriated to the commissioner for
24.23adoption grants and foster care and adoption
24.24administrative purposes.
24.25Adoption Assistance Incentive Grants.
24.26Federal funds available during fiscal year
24.272008 and fiscal year 2009 for the adoption
24.28incentive grants are appropriated to the
24.29commissioner for these purposes.
24.30Adoption Assistance and Relative Custody
24.31Assistance. The commissioner may transfer
24.32unencumbered appropriation balances for
24.33adoption assistance and relative custody
24.34assistance between fiscal years and between
24.35programs.
25.1Children's Mental Health Grants. Of the
25.2general fund appropriation, $5,913,000 in
25.3fiscal year 2008 and $6,825,000 in fiscal year
25.42009 are for children's mental health grants.
25.5The purpose of these grants is to increase and
25.6maintain the state's children's mental health
25.7service capacity, especially for school-based
25.8mental health services. The commissioner
25.9shall require grantees to utilize all available
25.10third party reimbursement sources as a
25.11condition of using state grant funds. At
25.12least 15 percent of these funds shall be
25.13used to encourage efficiencies through early
25.14intervention services. At least another 15
25.15percent shall be used to provide respite care
25.16services for children with severe emotional
25.17disturbance at risk of out-of-home placement.
25.18Mental Health Crisis Services. Of the
25.19general fund appropriation, $2,528,000 in
25.20fiscal year 2008 and $2,850,000 in fiscal year
25.212009 are for statewide funding of children's
25.22mental health crisis services. Providers must
25.23utilize all available funding streams.
25.24Children's Mental Health Evidence-Based
25.25and Best Practices. Of the general fund
25.26appropriation, $375,000 in fiscal year 2008
25.27and $750,000 in fiscal year 2009 are for
25.28children's mental health evidence-based and
25.29best practices including, but not limited
25.30to: Adolescent Integrated Dual Diagnosis
25.31Treatment services; school-based mental
25.32health services; co-location of mental
25.33health and physical health care, and; the
25.34use of technological resources to better
25.35inform diagnosis and development of
25.36treatment plan development by mental
26.1health professionals. The commissioner
26.2shall require grantees to utilize all available
26.3third-party reimbursement sources as a
26.4condition of using state grant funds.
26.5Culturally Specific Mental Health
26.6Treatment Grants. Of the general fund
26.7appropriation, $75,000 in fiscal year 2008
26.8and $300,000 in fiscal year 2009 are for
26.9children's mental health grants to support
26.10increased availability of mental health
26.11services for persons from cultural and
26.12ethnic minorities within the state. The
26.13commissioner shall use at least 20 percent
26.14of these funds to help members of cultural
26.15and ethnic minority communities to become
26.16qualified mental health professionals and
26.17practitioners. The commissioner shall assist
26.18grantees to meet third-party credentialing
26.19requirements and require them to utilize all
26.20available third-party reimbursement sources
26.21as a condition of using state grant funds.
26.22Mental Health Services for Children with
26.23Special Treatment Needs. Of the general
26.24fund appropriation, $50,000 in fiscal year
26.252008 and $200,000 in fiscal year 2009 are
26.26for children's mental health grants to support
26.27increased availability of mental health
26.28services for children with special treatment
26.29needs. These shall include, but not be limited
26.30to: victims of trauma, including children
26.31subjected to abuse or neglect, veterans and
26.32their families, and refugee populations;
26.33persons with complex treatment needs, such
26.34as eating disorders; and those with low
26.35incidence disorders.
27.1MFIP and Children's Mental Health
27.2Pilot Project. Of the TANF appropriation,
27.3$100,000 in fiscal year 2008 and $200,000
27.4in fiscal year 2009 are to fund the MFIP
27.5and children's mental health pilot project.
27.6Of these amounts, up to $100,000 may be
27.7expended on evaluation of this pilot.
27.8Prenatal Alcohol or Drug Use. Of the
27.9general fund appropriation, $75,000 each
27.10year is to award grants beginning July 1,
27.112007, to programs that provide services
27.12under Minnesota Statutes, section 254A.171,
27.13in Pine, Kanabec, and Carlton Counties. This
27.14appropriation shall become part of the base
27.15appropriation.
27.16Base Adjustment. The general fund base
27.17is $62,572,000 in fiscal year 2010 and
27.18$62,575,000 in fiscal year 2011.

27.19

(h) Children and Community Services Grants

27.20

General

101,369,000

69,208,000

27.21Base Adjustment. The general fund base
27.22is $69,274,000 in each of fiscal years 2010
27.23and 2011.
27.24Targeted Case Management Temporary
27.25Funding. (a) Of the general fund
27.26appropriation, $32,667,000 in fiscal year
27.272008 is transferred to the targeted case
27.28management contingency reserve account in
27.29the general fund to be allocated to counties
27.30and tribes affected by reductions in targeted
27.31case management federal Medicaid revenue
27.32as a result of the provisions in the federal
27.33Deficit Reduction Act of 2005, Public Law
27.34109-171.
28.1(b) Contingent upon (1) publication by the
28.2federal Centers for Medicare and Medicaid
28.3Services of final regulations implementing
28.4the targeted case management provisions
28.5of the federal Deficit Reduction Act of
28.62005, Public Law 109-171, or (2) the
28.7issuance of a finding by the Centers for
28.8Medicare and Medicaid Services of federal
28.9Medicaid overpayments for targeted case
28.10management expenditures, up to $32,667,000
28.11is appropriated to the commissioner of human
28.12services. Prior to distribution of funds, the
28.13commissioner shall estimate and certify the
28.14amount by which the federal regulations or
28.15federal disallowance will reduce targeted
28.16case management Medicaid revenue over the
28.172008-2009 biennium.
28.18(c) Within 60 days of a contingency described
28.19in paragraph (b), the commissioner shall
28.20distribute the grants proportionate to each
28.21affected county or tribe's targeted case
28.22management federal earnings for calendar
28.23year 2005, not to exceed the lower of (1) the
28.24amount of the estimated reduction in federal
28.25revenue or (2) $32,667,000.
28.26(d) These funds are available in either year of
28.27the biennium. Counties and tribes shall use
28.28these funds to pay for social service-related
28.29costs, but the funds are not subject to
28.30provisions of the Children and Community
28.31Services Act grant under Minnesota Statutes,
28.32chapter 256M.
28.33(e) This appropriation shall be available to
28.34pay counties and tribes for expenses incurred
29.1on or after July 1, 2007. The appropriation
29.2shall be available until expended.

29.3

(i) General Assistance Grants

29.4

General

37,876,000

38,253,000

29.5General Assistance Standard. The
29.6commissioner shall set the monthly standard
29.7of assistance for general assistance units
29.8consisting of an adult recipient who is
29.9childless and unmarried or living apart
29.10from parents or a legal guardian at $203.
29.11The commissioner may reduce this amount
29.12according to Laws 1997, chapter 85, article
29.133, section 54.
29.14Emergency General Assistance. The
29.15amount appropriated for emergency general
29.16assistance funds is limited to no more
29.17than $7,889,812 in fiscal year 2008 and
29.18$7,889,812 in fiscal year 2009. Funds
29.19to counties must be allocated by the
29.20commissioner using the allocation method
29.21specified in Minnesota Statutes, section
29.22256D.06 .

29.23

(j) Minnesota Supplemental Aid Grants

29.24

General

30,505,000

30,812,000

29.25Emergency Minnesota Supplemental
29.26Aid Funds. The amount appropriated for
29.27emergency Minnesota supplemental aid
29.28funds is limited to no more than $1,100,000
29.29in fiscal year 2008 and $1,100,000 in fiscal
29.30year 2009. Funds to counties must be
29.31allocated by the commissioner using the
29.32allocation method specified in Minnesota
29.33Statutes, section 256D.46.

29.34

(k) Group Residential Housing Grants

30.1

General

91,069,000

98,671,000

30.2People Incorporated. Of the general fund
30.3appropriation, $460,000 each year is to
30.4augment community support and mental
30.5health services provided to individuals
30.6residing in facilities under Minnesota
30.7Statutes, section 256I.05, subdivision 1m.

30.8 30.9

(l) Other Children and Economic Assistance Grants

30.10	General	20,183,000	16,333,000
30.11	Federal TANF	1,500,000	1,500,000

30.12Base Adjustment. The general fund base
30.13shall be $16,033,000 in fiscal year 2010 and
30.14$15,533,000 in fiscal year 2011. The TANF
30.15base shall be $1,500,000 in fiscal year 2010
30.16and $1,181,000 in fiscal year 2011.
30.17Homeless and Runaway Youth. Of the
30.18general fund appropriation, $500,000 each
30.19year are for the Runaway and Homeless
30.20Youth Act under Minnesota Statutes, section
30.21256K.45 . Funds shall be spent in each area
30.22of the continuum of care to ensure that
30.23programs are meeting the greatest need. This
30.24is a onetime appropriation.
30.25Long-Term Homelessness. Of the general
30.26fund appropriation, $1,500,000 each year
30.27are $2,000,000 in fiscal year 2008 is for
30.28implementation of programs to address
30.29long-term homelessness and is available in
30.30either year of the biennium. This is a onetime
30.31appropriation.
30.32Minnesota Community Action Grants. (a)
30.33Of the general fund appropriation, $250,000
30.34each year is for the purposes of Minnesota
31.1community action grants under Minnesota
31.2Statutes, sections 256E.30 to 256E.32. This
31.3is a onetime appropriation.
31.4(b) Of the TANF appropriation, $1,500,000
31.5each year is for community action agencies
31.6for auto repairs, auto loans, and auto purchase
31.7grants to individuals who are eligible to
31.8receive benefits under Minnesota Statutes,
31.9chapter 256J, or who have lost eligibility
31.10for benefits under Minnesota Statutes,
31.11chapter 256J, due to earnings in the prior 12
31.12months. Base level funding for this activity
31.13shall be $1,500,000 in fiscal year 2010
31.14and $1,181,000 in fiscal year 2011. * (The
31.15preceding text beginning "(b) Of the TANF
31.16appropriation," was indicated as vetoed by
31.17the governor.)
31.18(c) Money appropriated under paragraphs (a)
31.19and (b) that is not spent in the first year does
31.20not cancel but is available for the second
31.21year.