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Office of the Revisor of Statutes

SF 3798 Senate Long Description

E Relating to the organization, operation and financing of state governmentARTICLE 1 - APPROPRIATIONS Appropriating money to the commissioner of human services for the adoption assistance program, for MinnesotaCare and medical assistance (MA) basic health care grants, for general assistance medical care, for continuing care and community support, community services block, aging adult service, deaf and hard of hearing and mental health grants, for the employer subsidized insurance program, for certain services for farmers, for compulsive gambling treatment, for developmental disabilities support grants, for medical assistance long term care waivers and facilities and home care, for alternative care grants, for group residential housing and for chemical dependency entitlement and economic support grants including family and general assistance (GA) and Minnesota supplemental aid (MSA), reducing appropriations for medical assistance basic health care grants for the elderly and disabled, for GAMC, for continuing care and community support grants, for medical assistance long term care waivers and facilities, for GRH and for general assistance; requiring the commissioner to increase reimbursements for special transportation services and for living skills training programs for persons with intractable epilepsy; providing for the availability of federal temporary assistance for needy families (TANF) funds for certain family, employment and training, child care and housing services; requiring the commissioner to use a certain amount of money for the extended learning initiative; appropriating money to the commissioner of health for funeral services complaints response, for poison information centers and for sexually transmitted infections screening and testing, to the health related licensing boards and to the board of psychology; specifying a carryover limit and sunsetting uncodified languageARTICLE 2 HEALTH CAREExpanding medical assistance (MA) coverage for mental health professionals to certain additional marriage and family therapists; requiring the commissioner of human services to establish and administer an employer subsidized insurance program to subsidize premiums for employer subsidized health coverage for certain low income families with children between certain ages; modifying eligibility requirements under the senior citizen drug program and changing the name to the prescription drug program; increasing the income standard and the pharmacy dispensing fee for certain independent pharmacies under medical assistance; increasing the capitation rate for nonmetropolitan counties, reducing the rate in the metropolitan area under the medical assistance prepayment demonstration project and modifying the payment date; defining gross individual or gross family income for farm self employed, expanding eligibility for single adults and exempting individuals losing employment and employer subsidized health insurance due to nursing facility closure from the waiting period under the MinnesotaCare program; specifying certain commissioner prescription drug program application form development and nursing home closure employee notice requirements; specifying certain phrase change instructions to the revisor of statutes relating to the prescription drug program ARTICLE 3 LONG TERM CARECreating exceptions to the nursing home bed moratorium to license and certify a new replacement facility in St. Louis county, a certain number of replacement beds in a boarding care home in Minneapolis and a certain number of beds in an existing facility in Mille Lacs county as part of a renovation project; authorizing and providing for licensed and certified nursing facilities to place beds on layaway status with prior notice to the commissioners of health and human services, time limit, adjusting the medical assistance (MA) reimbursement rate; modifying certain provisions regulating congregate housing services projects for certain older persons, changing the projects to on site coordination (OSC) services projects, providing for grants to public or nonprofit agencies to provide coordinators for services in designated service areas (DSA); providing a medical assistance payment rate adjustment for a certain nursing facility in Redwood county under the special provisions for bed moratorium exceptions for total replacements; providing additional medical assistance rate increases to nursing facilities, intermediate care facilities for persons with mental retardation (ICF MR) and certain waivered services programs to increase the salaries of certain employees; providing case mix payment rate increases for a certain nursing facility in Roseau county; providing rate increases under the medical assistance contractual alternative payment demonstration project for certain facilities in Hennepin, Goodhue, Wright and Todd counties and in the cities of Rochester and Pine City; clarifying the use of a certain prior appropriation to the commissioner of human services for deaf-blind orientation and mobility services and extending the availability of the appropriation; specifying certain recodification and cross reference change instructions to the revisor of statutes ARTICLE 4 ASSISTANCE PROGRAM MODIFICATIONSRequiring counties reimbursing legal nonlicensed child care arrangements to notify parents, guardians or eligible relative caregivers of noninspection by the commissioner of human services to ensure child care safety standards; modifying certain provisions under the Minnesota family investment program; modifying county aid to families with dependent children (AFDC) and MFIP assistance recovery retention rates; providing for the distribution of child support and maintenance received by the state as a pass through to certain individuals and including the distributions in the definition of income for child care programs eligibility determination purposes; eliminating a certain restriction on the eligibility of legal noncitizens for the food assistance program; expanding the required uses of temporary assistance for needy families block grant money to welfare to work transportation and reimbursements for the federal share of child support collections passed through to custodial parents; requiring the commissioner of human services to annually treat financial assistance expenditures made to or on behalf of certain minor children as expenditures under a separately funded state program and report the expenditures to the federal department of health and human services as separate state program expenditures; providing for the claiming of the pass through of child support as maintenance of effort (MOE) for the TANF grant; expanding the definition of unearned income under MFIP to child support and maintenance payments and providing an income exclusion for a certain percentage of current child support and maintenance payments; removing anticipated child support and maintenance from the MFIP monthly income test; eliminating the requirement for county agencies to budget child support income received by assistance units to determine the assistance payment amount, a certain supplementary assistance payments restriction and a certain provision requiring county agencies to count a certain amount of the value of public and assisted rental subsidies provided through the federal department of housing and urban development (HUD) as unearned income; modifying the sanction for the first occurrence of noncompliance with program requirements; expanding eligibility for the diversionary assistance program; specifying local service unit plan content requirements, requiring approval before eligibility for allocation of local intervention for family employment funds; specifying certain additional job counselor initial assessment requirements relating to determination of good cause exemptions and barriers to employment, requiring a secondary assessment under certain conditions; requiring participants with low skills in reading or math to be allowed to include basic education activities in the job search support or employment plan; clarifying or modifying certain secondary assessment requirements; requiring job counselor assessment of participant ability to obtain and retain employment and specifying certain requirements for post-secondary education or training programs approval as an approved work activity; expanding employment and training services requirements exemptions to caregivers of children or adults with certain disabilities or mental illness; providing for the allocation of local intervention for family employment funds; providing for a child only TANF program; requiring the commissioner to report to the legislature on MFIP sanctions; requiring and providing for the commissioner to establish an MFIP diversionary assistance pilot project in Dakota county to encourage rapid entrance into the work force through employability and self sufficiency improvement; repealing certain provisions providing for the ineligibility of certain persons for certain state funded programsARTICLE 5 TECHNICAL AMENDMENTSMaking technical amendments to certain provisions in statute and law; clarifying the date for compliance with uniform billing requirements by certain health care providers; requiring school districts to pay the nonfederal share of medical assistance (MA) provided for certain special education medical services; correcting the placement of the provision sunsetting the tobacco use prevention and local public health endowment fund, requiring commissioner of finance transfer of remaining funds to the general fund and clarifying fund audit and appropriation requirements; clarifying home and community based waiver services waiting list reduction requirements; eliminating certain obsolete provisions relating to general assistance medical care (GAMC) payment reductions; clarifying the requirement for the use of state dollars to fund the food portion of noncitizen Minnesota family investment program (MFIP) food benefits; correcting certain cross references; clarifying the effective date relating to eligibility for MinnesotaCare; repealing a obsolete home and community based services waiver amendment requirement of the commissioner of human services ARTICLE 6 APPROPRIATIONS Appropriating money to the department of trade and economic development (DTED) for Advantage Minnesota, Inc., for catalyst grants to local government units to expand telecommunications capacity, for grants to the community resources program, to the board of the rural policy and development center and to Lifetrack Resources, Inc. for programs to improve the self sufficiency of disadvantaged persons, for the job skills partnership board for distance work grants, for separate grants to the cities of Minneapolis and St. Paul for aging commercial corridors, for a grant to county and district agricultural societies and associations, for rural job creation grants, for grants to the city of Duluth for aerial lift bridge repair and restoration, to the city of St. Paul for native landscaping along trunk highway 5, to the Neighborhood Development Center, Inc. and to the city of Owatonna for infrastructure improvements, for an agreement with the city of Virginia for relocation of the Silver Lake storm sewer outlet, construction of sedimentation ponds and renovation of the Sauntry Creek diversion structure and for tourism loans to businesses adversely impacted by the lack of snowfall, to Minnesota Technology, Inc. for grants to the e-business institute, to Minnesota project innovation, to the natural resources research institute (NRRI) and to the Minnesota council for quality, to the department of economic security for a grant to Advocating Change Together, Inc. (ACT), for the alien certification and summer youth employment programs, for a pilot parental leave program, for services to people with severe impairments to employment, for enterprise zone incentive grants and for grants to the city of Minneapolis for a high risk populations prevention services provider located in Hennepin county and to the Tri-County Action Programs, Inc., to the housing finance agency (HFA) for the family homeless prevention and assistance and nursing home conversion grant programs, to the commissioner of commerce for maintenance of the no call information list, to the Minnesota historical society for local historic preservation projects, to the board of architecture, engineering, land surveying, landscape architecture and interior design and to the office of strategic and long range planning for the legislative job training program task force; requiring an equal match for the Judy Garland children s museum; providing for the availability of certain prior appropriations to the commissioner of trade and economic development for the upper Red Lake business loan program, for the job skills partnership board pathways and health care and human services worker training and retention programs; providing reemployment insurance (unemployment compensation) benefits for certain school food services workers; establishing a legislative job training program task force to study federal and state job training programs and to make recommendation to the legislature for consolidation and modification; requiring the commissioner of administration to assist the commissioner of economic security and the board of trustees of the Minnesota state colleges and universities (MnSCU) to develop and report to the legislature by a certain date on a plan for the possible location of workforce centers on college and university campuses; providing additional reemployment insurance benefits for a certain applicant laid off due to lack of work from the Hennepin paper company in Morrison county and for certain former employees of the Evtac mining company in St. Louis countyARTICLE 7 MISCELLANEOUS STATUTORY PROVISIONSAuthorizing certain direct contracting by the job skills partnership board; providing for the renewal of certain filings made in connection with securities of open end investment companies and providing for the determination and payment of filing fees; expanding eligibility for the job skills partnership pathways program and authorizing and providing for partnership board grants in aid for distance work projects involving technology in rural areas; authorizing certain equity investments by the board of trustees of the Minnesota state colleges and universities (MnSCU); increasing the penalties for violations of the child labor law; extending the expiration date of the legislative electric energy task force and the deadline for renewable energy production incentive payments to certain qualified hydroelectric facilities; requiring the department of economic security to promptly process completed applications for certification for permanent alien laborers; modifying the provision requiring the deduction of social security disability benefits from reemployment insurance benefits; increasing the allocation of funding to grantees under the dislocated worker program for support services; increasing the licensing fee for architects, professional engineers, land surveyors, landscape architects or geoscience professionals and codifying the fee schedule for state electrical inspections; creating the nursing home facility conversion loan program to be administered by the commissioner of the housing finance agency (HFA); specifying certain reference change instructions to the revisor of statutes and repealing a certain rule relating to electrical inspection fees ARTICLE 8 CRIMINAL JUSTICE PROVISIONSAppropriating money to the supreme court for civil legal services to low income clients and for a judicial seminar on parenting plans, to the court of appeals for restoration of legal judicial support services, to the district court for reduction of judge unit vacancies, for restoration of judicial branch infrastructure funding, for continuation of the second judicial district community court and for extraordinary prosecution costs in Carlton county, to the commissioner of corrections for local adult detention and criminal justice system facility grants, for bed expansion at the Faribault correctional facility and for predesign of a joint headquarters building for the departments of corrections and public safety and of a vocational building at the St. Cloud correctional facility, to the commissioner of public safety for organization of the capitol police department, for recodification of the driving while impaired (DWI) laws, for the state match for federal disaster assistance, for criminal apprehension overtime costs, for the court security training program, for juvenile prostitution law enforcement and officer training grants, for grants to the Ramsey county attorney for the domestic assault and child prosecution unit and to local law enforcement agencies for purchase of dogs trained to detect or locate controlled substances and for matching funds to counties participating in multijurisdictional narcotics task forces, to the center for crime victim services for per diem payments and allocation increases to battered women shelters and for a grant to the center for applied research and policy analysis at metropolitan state university for the domestic violence shelter study, to the board of public defense for certain services, to the sentencing guidelines commission for salary increases, to the Minnesota safety council for continuation of the crosswalk safety awareness program, to the commissioner of human services for youth shelter and prostitution prevention grants and to the university of Minnesota to cover the cost of updating the parent education curriculum; granting pedestrians the right of way in crossing the roadway on walk signals and in marked or unmarked crosswalks at intersections without traffic control signals, requiring drivers to remain stopped until passage of the pedestrian from the vehicle lane, authorizing local road authorities to provide by ordinance for the designation of pedestrian safety crossings on highways; requiring the commissioner of corrections to develop a uniform method to calculate the average department wide per diem cost of incarcerating offenders at state correctional facilities; allocating correctional fees collected from criminal offenders supervised by corrections department agents to the county treasurer of the county of supervision; encouraging courts to place juvenile offenders at the correctional facility at Red Wing instead of in out of state facilities; requiring counties and the department of corrections to share in the per diem cost of housing juveniles committed to the commissioner of corrections and admitted to the Red Wing correctional facility under established admissions criteria; requiring and providing for commissioner juvenile residential treatment grants to counties; specifying certain consideration requirements of the commissioner and the courts in placing juveniles at the Red Wing facility and restricting out of state placement; requiring the court to commit certain juveniles to the custody of the commissioner, requiring certain reports; establishing a program of grants by the commissioner of human services to nonprofit corporations or government agencies to increase the availability of emergency and transitional housing for homeless, runaway or thrown away youth at risk of being prostituted or currently being used in prostitution and by the commissioner of public safety to local law enforcement agencies for enhanced law enforcement efforts and peace officer education and training to combat juvenile prostitution; establishing the capitol police department as a law enforcement division in the department of public safety under the supervision and control of a director to be appointed by the commissioner of public safety to provide law enforcement services in the capitol complex and in other state owned or leased buildings; transferring the duties of the capitol complex security division to the capitol police department; creating a permanent capitol complex oversight committee, specifying membership and duties; providing for the funding of certain additional county public defender costs; enhancing penalties for persons (pimps and patrons) soliciting or promoting juvenile prostitution; classifying certain data collected by shelter facilities receiving per diem payments; establishing guidelines for the administration of battered women shelter per diem funding by the Minnesota center for crime victim services in the department of public safety and specifying eligibility for the program; eliminating the requirement for the commissioner of public safety to distribute a computer controlled driving simulator to local or state law enforcement agencies or peace officers standards and training (POST) board certified skills programs; requiring the courts and state and local correctional facilities to consider implementing an automated victim notification system, requiring the commissioner of public safety in cooperation with the commissioners of children, families and learning, corrections and economic security to provide financial assistance to implement the systems; requiring the superintendent of the bureau of criminal apprehension (BCA) to develop and implement a training program for court and law enforcement personnel; requiring the Minnesota safety council to continue the crosswalk safety awareness program; requiring the center for applied research and policy analysis at metropolitan state university in cooperation with the Minnesota center for crime victim services and the department of public safety to study and make recommendations to the legislature on providing shelter for victims of domestic violence; reducing a certain prior appropriation to the commissioner of corrections for certain community services; requiring the commissioner to study the state juvenile correctional system relating to serious and chronic offenders and report findings and proposals to the legislature by a certain date; reducing a certain transfer from the automobile theft prevention account in the special revenue fund to the commissioner of public safety for purchase of tire deflators and a driving simulator, requiring the commissioner of finance by a certain date to transfer a certain amount of money from the account to the general fund for criminal justice information systems technology; authorizing and providing for commissioner of corrections grants to counties and tribal governments for the construction of local adult detention and criminal justice system facilities; establishing a joint domestic abuse prosecution unit pilot project to be administered by the offices of the Ramsey county attorney and the St. Paul city attorney; repealing the automobile theft prevention board and program and the capitol complex security division of the department of public safety ARTICLE 9 ENVIRONMENT, NATURAL RESOURCES AND AGRICULTURE PROVISIONSAppropriating money to the pollution control agency for administration of the wastewater infrastructure fund, to the department of natural resources (DNR) for the settlement of certain legal costs relating to the 1837 treaty litigation, for fish and wildlife management, for the walleye stocking program, for natural resources laws enforcement, for lifetime licenses administration and marketing, for grants in certain amounts to Lake, Cook, and St. Louis counties for emergency communications and response equipment and planning and training to respond to major wildfires, for state park and trail operations, for a grant to the metropolitan council for metropolitan area regional parks and trails maintenance and operations, for trail grants to local government units and for grants to the Minnesota zoological garden, the city of St. Paul for the Como zoo and conservatory and the city of Duluth for the Duluth zoo, to the board of water and soil resources (BOWSR) for professional and technical services to replace wetlands, to the department of agriculture for the farm advocates program, for the Minnesota grown pilot program, for establishment of agricultural water quality and quantity management, research, demonstration and education projects at Lamberton and Waseca, for the state meat inspection program and for grants to organizations participating in the farm wrap and rural help networks, to the board of animal health for pseudorabies control and to the citizens council on Voyageurs national park; authorizing the commissioner of natural resources to use a certain percentage of a snowmobile maintenance and grooming grant to reimburse recipients for equipment costs; cancelling a certain prior appropriation to the commissioner of agriculture for the dairy producers board; expanding authorized reimbursements from the agricultural chemical response and reimbursement account for corrective action costs; establishing the Big Bog state recreation area in Beltrami county and the Red River state recreation area in Polk county; expanding the authority of the commissioner of natural resources to lease portions of Fort Snelling state park, providing for the deposit of receipts; requiring money appropriated from the game and fish fund to be spent in accordance with certain federal regulations; authorizing and providing for the commissioner to issue lifetime angling, small game, firearms deer or sporting licenses to certain state residents and lifetime angling or small game hunting licenses to nonresidents, fees, establishing the lifetime fish and wildlife trust fund for crediting of the fees, providing for transfer of certain amounts to the game and fish fund, specifying certain reporting requirements; increasing hunting and fishing license fees; authorizing the PCA to temporarily enter into agreements for implementation of a portion of an approved response action plan and to provide grant funds for agreement implementation under the environmental response and liability act (superfund); requiring the commissioner of revenue in depositing revenue from the in lieu sales tax on lottery tickets to credit a certain percentage to the game and fish fund for activities to improve or enhance fish and wildlife resources and certain percentages to the natural resources fund for state and local parks and trails; authorizing an existing resource recovery facility in Hennepin county to reclaim, burn, use, process or dispose of mixed municipal solid waste to the full extent of maximum yearly capacity, requiring the facility to continue to comply with federal and state environmental laws and regulations and to obtain a conditional use permit from the municipality of location; authorizing the use of a certain prior appropriation to the commissioner of natural resources for metro regional trails by the city of St. Paul for certain amenities at the trailhead to the Rice Creek west regional trail; modifying the use of a certain prior appropriation to the board of water and soil resources for grants to soil and water conservation districts for erosion control and water quality management cost sharing contracts, eliminating the priority for feedlot operators; expanding eligibility for reimbursement from the ethanol development account and modifying the deposit requirements for principal and interest payments on rural finance authority (RFA) ethanol development program loans; modifying the source of a certain prior appropriation to the agricultural utilization research institute; extending landfill cleanup program eligibility to the western Lake Superior sanitary district under certain conditions; providing for reimbursement by the petroleum tank release compensation board to owners or operators of petroleum storage tanks used for agricultural purposes and for certain small gasoline retailers for storage tank removal purposes; requiring the legislative audit commission to consider updating a certain report on ethanol programs; extending the availability of certain prior appropriations for the proposed trail project between the city of Pelican Rapids and Maplewood state park and for the Hyland-Bush-Anderson Lake Park Reserve development project ARTICLE 10 SUPPLEMENTAL APPROPRIATIONS AND REDUCTIONSMaking supplemental appropriations and appropriation reductions to certain state departments and agencies; appropriating money to the secretary of state to construct and maintain a uniform commercial code central filing system, to the campaign finance and public disclosure board for certain legal costs, to the office of strategic and long range planning for regional development commissions, to the department of administration for the metropolitan radio board, for a government data practices study and for facilities management and to the gambling control board for workers compensation claims; extending the availability of a certain prior appropriation to the commissioner of administration for the long range plan of the office of technology; reducing appropriations to the Minneapolis employees retirement fund; excluding elected Indian members of the Indian affairs council from the definition of public official for ethics in government purposes; expanding the content requirement for part two of the detailed budget submitted by the governor to the legislature relating to internal service funds; requiring the commissioner of finance to report to the legislature the amount and purpose of general fund transfers to revolving funds; eliminating the payment of interest on cash advances from the general fund; removing the authority of the governor to control the sale of state bonds and certificates of indebtedness and the authority of the legislature to reauthorize bond authorization or bond proceed unencumbered balance cancellations; requiring the commissioner of administration to report to the legislature the amount and purpose of transfers from internal service or enterprise fund accounts to other internal service or enterprise fund accounts and consult with the office of environmental assistance, state agencies and other interested parties to update specifications for recycled content and other environmentally preferable products consistent with other state procurement requirements, to consider federal procurement guidelines, annually issue public reports listing environmentally preferable products and report to the legislature the rates to be charged for revolving funds and the amount and purpose of interfund loans; changing the name of the office of technology to the technology policy bureau and modifying the responsibility of the office relating to the business license and permit online system; changing the state contribution to MERF from installments to an annual payment; transferring a certain prior appropriation for a grant to the city of Mankato to complete the Mankato area growth management and planning study phase 2 from the department of finance to the office of strategic and long range planning and a certain requirement for preparation of a separate budget book for the next biennium containing the technology initiatives of the administration from the department of employee relations (DOER) to the department of finance; modifying the authorized use of a certain prior appropriation to the department of administration for grants for public information television, authorizing use for contracts with the legislature for Internet, intranet and other transmission of legislative activities; broadening the authorized use of a certain prior appropriation to the department of veterans affairs for grants to county veterans offices; clarifying the effect of the repeal of a certain provision regulating departmental earnings; providing for use of the surplus under the Minnesota workers compensation assigned risk plan, requiring and providing for the commissioner of commerce to transfer certain amounts for the benefit of the Minnesota comprehensive health association (MCHA); requiring the legislative coordinating commission (LCC) to study and report to the legislature by a certain date recommendations to streamline the bill introduction process; prohibiting certain commissioner of finance state agency base adjustments; providing for the allocation of the costs of certain boundary adjustment matters; specifying certain term substitution instructions to the revisor of statutes (ra, ja)