1.1                          A bill for an act 
  1.2             relating to health; modifying fees related to wells 
  1.3             and borings; extending deadlines related to a nuclear 
  1.4             materials agreement; establishing fees for the 
  1.5             licensing of radioactive material and source and 
  1.6             special nuclear material; providing for inspections; 
  1.7             extending the rural hospital grant program; 
  1.8             determining eligibility for hospital uncompensated 
  1.9             care aid; modifying and creating loan forgiveness 
  1.10            programs for certain health care workers; modifying 
  1.11            maternal and child health provisions; modifying vital 
  1.12            record and environmental laboratory certification 
  1.13            fees; creating and modifying grant programs; modifying 
  1.14            home visiting programs; modifying fees and provisions 
  1.15            for food and beverage service and lodging 
  1.16            establishments; repealing bone marrow donor education 
  1.17            provisions; appropriating money; amending Minnesota 
  1.18            Statutes 2000, sections 103I.101, subdivision 6; 
  1.19            103I.112; 103I.208, subdivisions 1, 2; 103I.235, 
  1.20            subdivision 1; 103I.525, subdivisions 2, 6, 8, 9; 
  1.21            103I.531, subdivisions 2, 6, 8, 9; 103I.535, 
  1.22            subdivisions 2, 6, 8, 9; 103I.541, subdivisions 2b, 4, 
  1.23            5; 103I.545; 144.1202, subdivision 4; 144.148, 
  1.24            subdivision 8; 144.1494, by adding a subdivision; 
  1.25            144.1496, by adding a subdivision; 144.226, 
  1.26            subdivision 4; 144.98, subdivision 3; 145.881, 
  1.27            subdivision 2; 145.882, subdivision 7, by adding a 
  1.28            subdivision; 145.885, subdivision 2; 145.925, 
  1.29            subdivision 1; 145A.15, subdivision 1; 145A.16, 
  1.30            subdivisions 1, 3, 6; 157.16, subdivision 3; 157.22; 
  1.31            proposing coding for new law in Minnesota Statutes, 
  1.32            chapters 144; 145; repealing Minnesota Statutes 2000, 
  1.33            sections 145.882, subdivisions 3, 4; 145.927; 145A.16, 
  1.34            subdivision 2. 
  1.35  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.36                             ARTICLE 1
  1.37                           APPROPRIATIONS
  1.38     Section 1.  [HEALTH APPROPRIATIONS.] 
  1.39     The sums shown in the columns marked "APPROPRIATIONS" are 
  1.40  appropriated from the general fund, or another fund named, to 
  2.1   the agencies and for the purposes specified in this act, to be 
  2.2   available for the fiscal years indicated for each purpose.  The 
  2.3   figures "2002" and "2003," where used in this act, mean that the 
  2.4   appropriation or appropriations listed under them are available 
  2.5   for the year ending June 30, 2002, or June 30, 2003, 
  2.6   respectively. 
  2.7                                              APPROPRIATIONS 
  2.8                                          Available for the Year 
  2.9                                              Ending June 30 
  2.10                                            2002         2003 
  2.11  Sec. 2.  COMMISSIONER OF HEALTH 
  2.12  Subdivision 1.  Total 
  2.13  Appropriation                        ...,...,...    ...,...,... 
  2.14                Summary by Fund
  2.15  General             ...,...,...   ...,...,... 
  2.16  State Government 
  2.17  Special Revenue     ...,...,...   ...,...,... 
  2.18  Health Care 
  2.19  Access              ...,...,...   ...,...,... 
  2.20  Federal TANF        ...,...,...   ...,...,... 
  2.21  Subd. 2.  Family and 
  2.22  Community Health                     ...,...,...    ...,...,... 
  2.23                Summary by Fund
  2.24  General             ...,...,...   ...,...,...
  2.25  State Government 
  2.26  Special Revenue       .,...,...     .,...,... 
  2.27  Health Care 
  2.28  Access                .,...,...     .,...,... 
  2.29  Federal TANF        ...,...,...   ...,...,... 
  2.30  [ELIMINATING HEALTH DISPARITIES.] Of 
  2.31  the general fund appropriation, 
  2.32  $5,500,000 in fiscal year 2002 and 
  2.33  $5,500,000 in fiscal year 2003 are for 
  2.34  reducing health disparities.  Of the 
  2.35  amounts available: 
  2.36  (1) $2,500,000 in fiscal year 2002 and 
  2.37  $2,500,000 in fiscal year 2003 are for 
  2.38  competitive grants under Minnesota 
  2.39  Statutes, section 145.928, subdivision 
  2.40  7, to eligible applicants to implement 
  2.41  strategies to reduce disparities in 
  2.42  infant mortality rates and adult and 
  2.43  child immunization rates. 
  2.44  (2) $500,000 in fiscal year 2002 and 
  2.45  $500,000 in fiscal year 2003 are for 
  2.46  grants under Minnesota Statutes, 
  2.47  section 145.928, subdivision 8, to 
  2.48  community health boards as defined in 
  2.49  Minnesota Statutes, section 145A.02, to 
  3.1   improve access to health screening and 
  3.2   follow-up services for foreign-born 
  3.3   populations. 
  3.4   (3) $2,000,000 in fiscal year 2002 and 
  3.5   $2,000,000 in fiscal year 2003 are for 
  3.6   grants to community health boards as 
  3.7   defined in Minnesota Statutes, section 
  3.8   145A.02, according to the formula in 
  3.9   Minnesota Statutes, section 145.882, 
  3.10  subdivision 4a, to provide services 
  3.11  targeted at reducing maternal and child 
  3.12  health disparities. 
  3.13  (4) $500,000 in fiscal year 2002 and 
  3.14  $500,000 in fiscal year 2003 are for 
  3.15  the commissioner to provide breast and 
  3.16  cervical cancer screenings to women of 
  3.17  color and promote and raise awareness 
  3.18  of the need for breast and cervical 
  3.19  cancer screening among women of color.  
  3.20  The commissioner shall collaborate with 
  3.21  the Indian affairs council under 
  3.22  Minnesota Statutes, section 3.922; the 
  3.23  council on affairs of Chicano/Latino 
  3.24  people under Minnesota Statutes, 
  3.25  section 3.9223; the council on Black 
  3.26  Minnesotans under Minnesota Statutes, 
  3.27  section 3.9225; and the council on 
  3.28  Asian-Pacific Minnesotans under 
  3.29  Minnesota Statutes, section 3.9226, to 
  3.30  develop and implement a comprehensive, 
  3.31  coordinated plan to accomplish this.  
  3.32  In appropriating this money, the goal 
  3.33  of the state is to reduce the incidence 
  3.34  of breast and cervical cancer among 
  3.35  women of color by 25 percent by 2006. 
  3.36  [IMMUNIZATION INFORMATION SERVICE.] Of 
  3.37  the general fund appropriation, 
  3.38  $1,000,000 each year of the biennium is 
  3.39  available to the commissioner of health 
  3.40  for grants to community health boards 
  3.41  as defined in Minnesota Statutes, 
  3.42  section 145A.02, to support the 
  3.43  development and maintenance of a 
  3.44  statewide immunization information 
  3.45  service.  This appropriation shall not 
  3.46  become a part of the agency's base 
  3.47  funding for the 2004-2005 biennium. 
  3.48  [TEEN PREGNANCY PREVENTION.] 
  3.49  $10,000,000 from the TANF fund for the 
  3.50  2002-2003 biennium is appropriated to 
  3.51  the commissioner of health for a teen 
  3.52  pregnancy prevention program.  Of the 
  3.53  amounts available: 
  3.54  (1) $2,500,000 in fiscal year 2002 and 
  3.55  $2,500,000 in fiscal year 2003 are for 
  3.56  teen pregnancy prevention disparity 
  3.57  grants under Minnesota Statutes, 
  3.58  section 145.9257, subdivision 6. 
  3.59  (2) $1,500,000 in fiscal year 2002 and 
  3.60  $1,500,000 in fiscal year 2003 are for 
  3.61  high-risk community teen pregnancy 
  3.62  prevention grants under Minnesota 
  3.63  Statutes, section 145.9257, subdivision 
  3.64  7. 
  4.1   (3) $1,000,000 in fiscal year 2002 and 
  4.2   $1,000,000 in fiscal year 2003 are for 
  4.3   transfer to the commissioner of 
  4.4   children, families, and learning to 
  4.5   increase the number of adolescent 
  4.6   parenting grants. 
  4.7   [POISON INFORMATION SYSTEM.] Of the 
  4.8   general fund appropriation, $1,360,000 
  4.9   each fiscal year is for poison control 
  4.10  system grants under Minnesota Statutes, 
  4.11  section 145.93. 
  4.12  [SUICIDE PREVENTION.] Of the general 
  4.13  fund appropriation, $1,100,000 each 
  4.14  year is for suicide prevention and 
  4.15  mental health promotion efforts.  Of 
  4.16  this amount, $825,000 each year is for 
  4.17  competitive community-based planning 
  4.18  and implementation grants targeted to 
  4.19  populations at highest risk, including 
  4.20  teenagers and young adults. 
  4.21  [TANF HOME VISITING PROGRAM.] 
  4.22  $3,000,000 in fiscal year 2002 and 
  4.23  $3,000,000 in fiscal year 2003 are 
  4.24  appropriated from the TANF fund to the 
  4.25  commissioner for the home visiting 
  4.26  programs for infant care under 
  4.27  Minnesota Statutes, section 145A.16.  
  4.28  For the 2004-2005 biennium, base level 
  4.29  funding from the TANF fund for home 
  4.30  visiting programs for infant care under 
  4.31  Minnesota Statutes, section 145A.16, 
  4.32  shall be $10,000,000 each year. 
  4.33  [TANF HOME VISITING CARRYFORWARD.] Any 
  4.34  unexpended balance of the TANF funds 
  4.35  appropriated for family home visiting 
  4.36  in the first year of the biennium does 
  4.37  not cancel but is available for the 
  4.38  second year. 
  4.39  [TEEN PREGNANCY PREVENTION 
  4.40  CARRYFORWARD.] Any unexpended balance 
  4.41  of the TANF funds appropriated for teen 
  4.42  pregnancy prevention in the first 
  4.43  fiscal year of the biennium does not 
  4.44  cancel but is available for the second 
  4.45  year. 
  4.46  [WIC TRANSFERS.] The general fund 
  4.47  appropriation for the women, infants, 
  4.48  and children (WIC) food supplement 
  4.49  program is available for either year of 
  4.50  the biennium.  Transfers of these funds 
  4.51  between fiscal years must be either to 
  4.52  maximize federal funds or to minimize 
  4.53  fluctuations in the number of program 
  4.54  participants. 
  4.55  [MINNESOTA CHILDREN WITH SPECIAL HEALTH 
  4.56  NEEDS CARRYFORWARD.] General fund 
  4.57  appropriations for treatment services 
  4.58  in the services for Minnesota children 
  4.59  with special health needs program are 
  4.60  available for either year of the 
  4.61  biennium. 
  4.62  Subd. 3.  Access and Quality 
  4.63  Improvement                           40,933,000     30,318,000 
  5.1                 Summary by Fund
  5.2   General               6,306,000     5,549,000 
  5.3   State Government 
  5.4   Special Revenue       6,402,000     6,492,000 
  5.5   Health Care 
  5.6   Access               28,225,000    18,277,000 
  5.7   [MINNESOTA CENTER FOR HEALTH QUALITY.] 
  5.8   Of the appropriation from the health 
  5.9   care access fund, $10,000,000 in the 
  5.10  first year is to carry out the 
  5.11  activities of the Minnesota Center for 
  5.12  Health Quality.  This appropriation is 
  5.13  available until June 30, 2005. 
  5.14  [HEALTH CARE SAFETY NET.] Of the health 
  5.15  care access fund appropriation, 
  5.16  $15,000,000 in each fiscal year is to 
  5.17  provide financial support to Minnesota 
  5.18  health care safety net providers.  This 
  5.19  appropriation shall not become part of 
  5.20  the base funding for the agency for the 
  5.21  2004-2005 biennium.  Of the amounts 
  5.22  available: 
  5.23  (1) $5,000,000 each year is for a grant 
  5.24  program to aid safety net community 
  5.25  clinics. 
  5.26  (2) $5,000,000 each year is for a grant 
  5.27  program to aid hospitals with excess 
  5.28  charity care burdens. 
  5.29  (3) $5,000,000 each year is for a grant 
  5.30  program to provide rural hospital 
  5.31  capital improvement grants described in 
  5.32  Minnesota Statutes, section 144.18. 
  5.33  Subd. 4.  Health Protection           30,783,000     32,156,000 
  5.34                Summary by Fund 
  5.35  General              13,895,000    14,496,000 
  5.36  State Government 
  5.37  Special Revenue      16,888,000    17,660,000 
  5.38  [EMERGING HEALTH THREATS.] Of the 
  5.39  general fund appropriation, $2,200,000 
  5.40  in the first year and $2,600,000 in the 
  5.41  second year are to increase the state 
  5.42  capacity to identify and respond to 
  5.43  emerging health threats.  Of the 
  5.44  amounts available: 
  5.45  (1) $1,900,000 in the first year and 
  5.46  $2,300,000 in the second year are to 
  5.47  expand state laboratory capacity to 
  5.48  identify infectious disease organisms, 
  5.49  evaluate environmental contaminants, 
  5.50  develop new analytical techniques, 
  5.51  provide emergency response, and support 
  5.52  local government by training health 
  5.53  care system workers to deal with 
  5.54  biological and chemical health threats. 
  5.55  (2) $300,000 each year is to train, 
  6.1   consult, and otherwise assist local 
  6.2   officials responding to clandestine 
  6.3   drug laboratories and minimizing health 
  6.4   risks to responders and the public. 
  6.5   Subd. 5.  Management and 
  6.6   Support Services                       5,455,000      5,867,000 
  6.7                 Summary by Fund
  6.8   General               5,304,000     5,712,000 
  6.9   State Government 
  6.10  Special Revenue         151,000       155,000 
  6.11                             ARTICLE 2 
  6.12                         HEALTH PROVISIONS 
  6.13     Section 1.  Minnesota Statutes 2000, section 103I.101, 
  6.14  subdivision 6, is amended to read: 
  6.15     Subd. 6.  [FEES FOR VARIANCES.] The commissioner shall 
  6.16  charge a nonrefundable application fee of $120 $150 to cover the 
  6.17  administrative cost of processing a request for a variance or 
  6.18  modification of rules adopted by the commissioner under this 
  6.19  chapter. 
  6.20     Sec. 2.  Minnesota Statutes 2000, section 103I.112, is 
  6.21  amended to read: 
  6.22     103I.112 [FEE EXEMPTIONS FOR STATE AND LOCAL GOVERNMENT.] 
  6.23     (a) The commissioner of health may not charge fees required 
  6.24  under this chapter to a federal agency, state agency, or a local 
  6.25  unit of government or to a subcontractor performing work for the 
  6.26  state agency or local unit of government.  
  6.27     (b) "Local unit of government" means a statutory or home 
  6.28  rule charter city, town, county, or soil and water conservation 
  6.29  district, watershed district, an organization formed for the 
  6.30  joint exercise of powers under section 471.59, a board of health 
  6.31  or community health board, or other special purpose district or 
  6.32  authority with local jurisdiction in water and related land 
  6.33  resources management. 
  6.34     Sec. 3.  Minnesota Statutes 2000, section 103I.208, 
  6.35  subdivision 1, is amended to read: 
  6.36     Subdivision 1.  [WELL NOTIFICATION FEE.] The well 
  6.37  notification fee to be paid by a property owner is:  
  6.38     (1) for a new well, $120 $150, which includes the state 
  7.1   core function fee; 
  7.2      (2) for a well sealing, $20 $30 for each well, which 
  7.3   includes the state core function fee, except that for monitoring 
  7.4   wells constructed on a single property, having depths within a 
  7.5   25 foot range, and sealed within 48 hours of start of 
  7.6   construction, a single fee of $20 $30; and 
  7.7      (3) for construction of a dewatering well, $120 $150, which 
  7.8   includes the state core function fee, for each well except a 
  7.9   dewatering project comprising five or more wells shall be 
  7.10  assessed a single fee of $600 $750 for the wells recorded on the 
  7.11  notification. 
  7.12     Sec. 4.  Minnesota Statutes 2000, section 103I.208, 
  7.13  subdivision 2, is amended to read: 
  7.14     Subd. 2.  [PERMIT FEE.] The permit fee to be paid by a 
  7.15  property owner is:  
  7.16     (1) for a well that is not in use under a maintenance 
  7.17  permit, $100 $125 annually; 
  7.18     (2) for construction of a monitoring well, $120 $150, which 
  7.19  includes the state core function fee; 
  7.20     (3) for a monitoring well that is unsealed under a 
  7.21  maintenance permit, $100 $125 annually; 
  7.22     (4) for monitoring wells used as a leak detection device at 
  7.23  a single motor fuel retail outlet, a single petroleum bulk 
  7.24  storage site excluding tank farms, or a single agricultural 
  7.25  chemical facility site, the construction permit fee 
  7.26  is $120 $150, which includes the state core function fee, per 
  7.27  site regardless of the number of wells constructed on the site, 
  7.28  and the annual fee for a maintenance permit for unsealed 
  7.29  monitoring wells is $100 $125 per site regardless of the number 
  7.30  of monitoring wells located on site; 
  7.31     (5) for a groundwater thermal exchange device, in addition 
  7.32  to the notification fee for wells, $120 $150, which includes the 
  7.33  state core function fee; 
  7.34     (6) for a vertical heat exchanger, $120 $150; 
  7.35     (7) for a dewatering well that is unsealed under a 
  7.36  maintenance permit, $100 $125 annually for each well, except a 
  8.1   dewatering project comprising more than five wells shall be 
  8.2   issued a single permit for $500 $625 annually for wells recorded 
  8.3   on the permit; and 
  8.4      (8) for excavating holes for the purpose of installing 
  8.5   elevator shafts, $120 $150 for each hole. 
  8.6      Sec. 5.  Minnesota Statutes 2000, section 103I.235, 
  8.7   subdivision 1, is amended to read: 
  8.8      Subdivision 1.  [DISCLOSURE OF WELLS TO BUYER.] (a) Before 
  8.9   signing an agreement to sell or transfer real property, the 
  8.10  seller must disclose in writing to the buyer information about 
  8.11  the status and location of all known wells on the property, by 
  8.12  delivering to the buyer either a statement by the seller that 
  8.13  the seller does not know of any wells on the property, or a 
  8.14  disclosure statement indicating the legal description and 
  8.15  county, and a map drawn from available information showing the 
  8.16  location of each well to the extent practicable.  In the 
  8.17  disclosure statement, the seller must indicate, for each well, 
  8.18  whether the well is in use, not in use, or sealed.  
  8.19     (b) At the time of closing of the sale, the disclosure 
  8.20  statement information, name and mailing address of the buyer, 
  8.21  and the quartile, section, township, and range in which each 
  8.22  well is located must be provided on a well disclosure 
  8.23  certificate signed by the seller or a person authorized to act 
  8.24  on behalf of the seller. 
  8.25     (c) A well disclosure certificate need not be provided if 
  8.26  the seller does not know of any wells on the property and the 
  8.27  deed or other instrument of conveyance contains the statement:  
  8.28  "The Seller certifies that the Seller does not know of any wells 
  8.29  on the described real property."  
  8.30     (d) If a deed is given pursuant to a contract for deed, the 
  8.31  well disclosure certificate required by this subdivision shall 
  8.32  be signed by the buyer or a person authorized to act on behalf 
  8.33  of the buyer.  If the buyer knows of no wells on the property, a 
  8.34  well disclosure certificate is not required if the following 
  8.35  statement appears on the deed followed by the signature of the 
  8.36  grantee or, if there is more than one grantee, the signature of 
  9.1   at least one of the grantees:  "The Grantee certifies that the 
  9.2   Grantee does not know of any wells on the described real 
  9.3   property."  The statement and signature of the grantee may be on 
  9.4   the front or back of the deed or on an attached sheet and an 
  9.5   acknowledgment of the statement by the grantee is not required 
  9.6   for the deed to be recordable. 
  9.7      (e) This subdivision does not apply to the sale, exchange, 
  9.8   or transfer of real property:  
  9.9      (1) that consists solely of a sale or transfer of severed 
  9.10  mineral interests; or 
  9.11     (2) that consists of an individual condominium unit as 
  9.12  described in chapters 515 and 515B. 
  9.13     (f) For an area owned in common under chapter 515 or 515B 
  9.14  the association or other responsible person must report to the 
  9.15  commissioner by July 1, 1992, the location and status of all 
  9.16  wells in the common area.  The association or other responsible 
  9.17  person must notify the commissioner within 30 days of any change 
  9.18  in the reported status of wells. 
  9.19     (g) For real property sold by the state under section 
  9.20  92.67, the lessee at the time of the sale is responsible for 
  9.21  compliance with this subdivision. 
  9.22     (h) If the seller fails to provide a required well 
  9.23  disclosure certificate, the buyer, or a person authorized to act 
  9.24  on behalf of the buyer, may sign a well disclosure certificate 
  9.25  based on the information provided on the disclosure statement 
  9.26  required by this section or based on other available information.
  9.27     (i) A county recorder or registrar of titles may not record 
  9.28  a deed or other instrument of conveyance dated after October 31, 
  9.29  1990, for which a certificate of value is required under section 
  9.30  272.115, or any deed or other instrument of conveyance dated 
  9.31  after October 31, 1990, from a governmental body exempt from the 
  9.32  payment of state deed tax, unless the deed or other instrument 
  9.33  of conveyance contains the statement made in accordance with 
  9.34  paragraph (c) or (d) or is accompanied by the well disclosure 
  9.35  certificate containing all the information required by paragraph 
  9.36  (b) or (d).  The county recorder or registrar of titles must not 
 10.1   accept a certificate unless it contains all the required 
 10.2   information.  The county recorder or registrar of titles shall 
 10.3   note on each deed or other instrument of conveyance accompanied 
 10.4   by a well disclosure certificate that the well disclosure 
 10.5   certificate was received.  The notation must include the 
 10.6   statement "No wells on property" if the disclosure certificate 
 10.7   states there are no wells on the property.  The well disclosure 
 10.8   certificate shall not be filed or recorded in the records 
 10.9   maintained by the county recorder or registrar of titles.  After 
 10.10  noting "No wells on property" on the deed or other instrument of 
 10.11  conveyance, the county recorder or registrar of titles shall 
 10.12  destroy or return to the buyer the well disclosure certificate.  
 10.13  The county recorder or registrar of titles shall collect from 
 10.14  the buyer or the person seeking to record a deed or other 
 10.15  instrument of conveyance, a fee of $20 $30 for receipt of a 
 10.16  completed well disclosure certificate.  By the tenth day of each 
 10.17  month, the county recorder or registrar of titles shall transmit 
 10.18  the well disclosure certificates to the commissioner of health.  
 10.19  By the tenth day after the end of each calendar quarter, the 
 10.20  county recorder or registrar of titles shall transmit to the 
 10.21  commissioner of health $17.50 $27.50 of the fee for each well 
 10.22  disclosure certificate received during the quarter.  The 
 10.23  commissioner shall maintain the well disclosure certificate for 
 10.24  at least six years.  The commissioner may store the certificate 
 10.25  as an electronic image.  A copy of that image shall be as valid 
 10.26  as the original. 
 10.27     (j) No new well disclosure certificate is required under 
 10.28  this subdivision if the buyer or seller, or a person authorized 
 10.29  to act on behalf of the buyer or seller, certifies on the deed 
 10.30  or other instrument of conveyance that the status and number of 
 10.31  wells on the property have not changed since the last previously 
 10.32  filed well disclosure certificate.  The following statement, if 
 10.33  followed by the signature of the person making the statement, is 
 10.34  sufficient to comply with the certification requirement of this 
 10.35  paragraph:  "I am familiar with the property described in this 
 10.36  instrument and I certify that the status and number of wells on 
 11.1   the described real property have not changed since the last 
 11.2   previously filed well disclosure certificate."  The 
 11.3   certification and signature may be on the front or back of the 
 11.4   deed or on an attached sheet and an acknowledgment of the 
 11.5   statement is not required for the deed or other instrument of 
 11.6   conveyance to be recordable. 
 11.7      (k) The commissioner in consultation with county recorders 
 11.8   shall prescribe the form for a well disclosure certificate and 
 11.9   provide well disclosure certificate forms to county recorders 
 11.10  and registrars of titles and other interested persons. 
 11.11     (l) Failure to comply with a requirement of this 
 11.12  subdivision does not impair: 
 11.13     (1) the validity of a deed or other instrument of 
 11.14  conveyance as between the parties to the deed or instrument or 
 11.15  as to any other person who otherwise would be bound by the deed 
 11.16  or instrument; or 
 11.17     (2) the record, as notice, of any deed or other instrument 
 11.18  of conveyance accepted for filing or recording contrary to the 
 11.19  provisions of this subdivision. 
 11.20     Sec. 6.  Minnesota Statutes 2000, section 103I.525, 
 11.21  subdivision 2, is amended to read: 
 11.22     Subd. 2.  [APPLICATION FEE.] The application fee for a well 
 11.23  contractor's license is $50 $75.  The commissioner may not act 
 11.24  on an application until the application fee is paid.  
 11.25     Sec. 7.  Minnesota Statutes 2000, section 103I.525, 
 11.26  subdivision 6, is amended to read: 
 11.27     Subd. 6.  [LICENSE FEE.] The fee for a well contractor's 
 11.28  license is $250, except the fee for an individual well 
 11.29  contractor's license is $50 $75. 
 11.30     Sec. 8.  Minnesota Statutes 2000, section 103I.525, 
 11.31  subdivision 8, is amended to read: 
 11.32     Subd. 8.  [RENEWAL.] (a) A licensee must file an 
 11.33  application and a renewal application fee to renew the license 
 11.34  by the date stated in the license.  
 11.35     (b) The renewal application fee shall be set by the 
 11.36  commissioner under section 16A.1285 for a well contractor's 
 12.1   license is $250.  
 12.2      (c) The renewal application must include information that 
 12.3   the applicant has met continuing education requirements 
 12.4   established by the commissioner by rule.  
 12.5      (d) At the time of the renewal, the commissioner must have 
 12.6   on file all properly completed well reports, well sealing 
 12.7   reports, reports of excavations to construct elevator shafts, 
 12.8   well permits, and well notifications for work conducted by the 
 12.9   licensee since the last license renewal. 
 12.10     Sec. 9.  Minnesota Statutes 2000, section 103I.525, 
 12.11  subdivision 9, is amended to read: 
 12.12     Subd. 9.  [INCOMPLETE OR LATE RENEWAL.] If a licensee fails 
 12.13  to submit all information required for renewal in subdivision 8 
 12.14  or submits the application and information after the required 
 12.15  renewal date: 
 12.16     (1) the licensee must include an additional a late fee set 
 12.17  by the commissioner of $75; and 
 12.18     (2) the licensee may not conduct activities authorized by 
 12.19  the well contractor's license until the renewal application, 
 12.20  renewal application fee, late fee, and all other information 
 12.21  required in subdivision 8 are submitted. 
 12.22     Sec. 10.  Minnesota Statutes 2000, section 103I.531, 
 12.23  subdivision 2, is amended to read: 
 12.24     Subd. 2.  [APPLICATION FEE.] The application fee for a 
 12.25  limited well/boring contractor's license is $50 $75.  The 
 12.26  commissioner may not act on an application until the application 
 12.27  fee is paid.  
 12.28     Sec. 11.  Minnesota Statutes 2000, section 103I.531, 
 12.29  subdivision 6, is amended to read: 
 12.30     Subd. 6.  [LICENSE FEE.] The fee for a limited well/boring 
 12.31  contractor's license is $50 $75.  
 12.32     Sec. 12.  Minnesota Statutes 2000, section 103I.531, 
 12.33  subdivision 8, is amended to read: 
 12.34     Subd. 8.  [RENEWAL.] (a) A person must file an application 
 12.35  and a renewal application fee to renew the limited well/boring 
 12.36  contractor's license by the date stated in the license.  
 13.1      (b) The renewal application fee shall be set by the 
 13.2   commissioner under section 16A.1285 for a limited well/boring 
 13.3   contractor's license is $75.  
 13.4      (c) The renewal application must include information that 
 13.5   the applicant has met continuing education requirements 
 13.6   established by the commissioner by rule.  
 13.7      (d) At the time of the renewal, the commissioner must have 
 13.8   on file all properly completed well sealing reports, well 
 13.9   permits, vertical heat exchanger permits, and well notifications 
 13.10  for work conducted by the licensee since the last license 
 13.11  renewal. 
 13.12     Sec. 13.  Minnesota Statutes 2000, section 103I.531, 
 13.13  subdivision 9, is amended to read: 
 13.14     Subd. 9.  [INCOMPLETE OR LATE RENEWAL.] If a licensee fails 
 13.15  to submit all information required for renewal in subdivision 8 
 13.16  or submits the application and information after the required 
 13.17  renewal date: 
 13.18     (1) the licensee must include an additional a late fee set 
 13.19  by the commissioner of $75; and 
 13.20     (2) the licensee may not conduct activities authorized by 
 13.21  the limited well/boring contractor's license until the renewal 
 13.22  application, renewal application fee, and late fee, and all 
 13.23  other information required in subdivision 8 are submitted. 
 13.24     Sec. 14.  Minnesota Statutes 2000, section 103I.535, 
 13.25  subdivision 2, is amended to read: 
 13.26     Subd. 2.  [APPLICATION FEE.] The application fee for an 
 13.27  elevator shaft contractor's license is $50 $75.  The 
 13.28  commissioner may not act on an application until the application 
 13.29  fee is paid. 
 13.30     Sec. 15.  Minnesota Statutes 2000, section 103I.535, 
 13.31  subdivision 6, is amended to read: 
 13.32     Subd. 6.  [LICENSE FEE.] The fee for an elevator shaft 
 13.33  contractor's license is $50 $75.  
 13.34     Sec. 16.  Minnesota Statutes 2000, section 103I.535, 
 13.35  subdivision 8, is amended to read: 
 13.36     Subd. 8.  [RENEWAL.] (a) A person must file an application 
 14.1   and a renewal application fee to renew the license by the date 
 14.2   stated in the license.  
 14.3      (b) The renewal application fee shall be set by the 
 14.4   commissioner under section 16A.1285 for an elevator shaft 
 14.5   contractor's license is $75.  
 14.6      (c) The renewal application must include information that 
 14.7   the applicant has met continuing education requirements 
 14.8   established by the commissioner by rule.  
 14.9      (d) At the time of renewal, the commissioner must have on 
 14.10  file all reports and permits for elevator shaft work conducted 
 14.11  by the licensee since the last license renewal. 
 14.12     Sec. 17.  Minnesota Statutes 2000, section 103I.535, 
 14.13  subdivision 9, is amended to read: 
 14.14     Subd. 9.  [INCOMPLETE OR LATE RENEWAL.] If a licensee fails 
 14.15  to submit all information required for renewal in subdivision 8 
 14.16  or submits the application and information after the required 
 14.17  renewal date: 
 14.18     (1) the licensee must include an additional a late fee set 
 14.19  by the commissioner of $75; and 
 14.20     (2) the licensee may not conduct activities authorized by 
 14.21  the elevator shaft contractor's license until the renewal 
 14.22  application, renewal application fee, and late fee, and all 
 14.23  other information required in subdivision 8 are submitted. 
 14.24     Sec. 18.  Minnesota Statutes 2000, section 103I.541, 
 14.25  subdivision 2b, is amended to read: 
 14.26     Subd. 2b.  [APPLICATION FEE.] The application fee for a 
 14.27  monitoring well contractor registration is $50 $75.  The 
 14.28  commissioner may not act on an application until the application 
 14.29  fee is paid.  
 14.30     Sec. 19.  Minnesota Statutes 2000, section 103I.541, 
 14.31  subdivision 4, is amended to read: 
 14.32     Subd. 4.  [RENEWAL.] (a) A person must file an application 
 14.33  and a renewal application fee to renew the registration by the 
 14.34  date stated in the registration.  
 14.35     (b) The renewal application fee shall be set by the 
 14.36  commissioner under section 16A.1285 for a monitoring well 
 15.1   contractor's registration is $75.  
 15.2      (c) The renewal application must include information that 
 15.3   the applicant has met continuing education requirements 
 15.4   established by the commissioner by rule.  
 15.5      (d) At the time of the renewal, the commissioner must have 
 15.6   on file all well reports, well sealing reports, well permits, 
 15.7   and notifications for work conducted by the registered person 
 15.8   since the last registration renewal. 
 15.9      Sec. 20.  Minnesota Statutes 2000, section 103I.541, 
 15.10  subdivision 5, is amended to read: 
 15.11     Subd. 5.  [INCOMPLETE OR LATE RENEWAL.] If a registered 
 15.12  person submits a renewal application after the required renewal 
 15.13  date: 
 15.14     (1) the registered person must include an additional a late 
 15.15  fee set by the commissioner of $75; and 
 15.16     (2) the registered person may not conduct activities 
 15.17  authorized by the monitoring well contractor's registration 
 15.18  until the renewal application, renewal application fee, late 
 15.19  fee, and all other information required in subdivision 4 are 
 15.20  submitted. 
 15.21     Sec. 21.  Minnesota Statutes 2000, section 103I.545, is 
 15.22  amended to read: 
 15.23     103I.545 [REGISTRATION OF DRILLING MACHINES REQUIRED.] 
 15.24     Subdivision 1.  [DRILLING MACHINE.] (a) A person may not 
 15.25  use a drilling machine such as a cable tool, rotary tool, hollow 
 15.26  rod tool, or auger for a drilling activity requiring a license 
 15.27  or registration under this chapter unless the drilling machine 
 15.28  is registered with the commissioner.  
 15.29     (b) A person must apply for the registration on forms 
 15.30  prescribed by the commissioner and submit a $50 $75 registration 
 15.31  fee. 
 15.32     (c) A registration is valid for one year.  
 15.33     Subd. 2.  [PUMP HOIST.] (a) A person may not use a machine 
 15.34  such as a pump hoist for an activity requiring a license or 
 15.35  registration under this chapter to repair wells or borings, seal 
 15.36  wells or borings, or install pumps unless the machine is 
 16.1   registered with the commissioner.  
 16.2      (b) A person must apply for the registration on forms 
 16.3   prescribed by the commissioner and submit a $50 $75 registration 
 16.4   fee. 
 16.5      (c) A registration is valid for one year. 
 16.6      Sec. 22.  Minnesota Statutes 2000, section 144.1202, 
 16.7   subdivision 4, is amended to read: 
 16.8      Subd. 4.  [AGREEMENT; CONDITIONS OF IMPLEMENTATION.] (a) An 
 16.9   agreement entered into before August 2, 2002 2003, must remain 
 16.10  in effect until terminated under the Atomic Energy Act of 1954, 
 16.11  United States Code, title 42, section 2021, paragraph (j).  The 
 16.12  governor may not enter into an initial agreement with the 
 16.13  Nuclear Regulatory Commission after August 1, 2002 2003.  If an 
 16.14  agreement is not entered into by August 1, 2002 2003, any rules 
 16.15  adopted under this section are repealed effective August 1, 2002 
 16.16  2003. 
 16.17     (b) An agreement authorized under subdivision 1 must be 
 16.18  approved by law before it may be implemented. 
 16.19     Sec. 23.  [144.1205] [RADIOACTIVE MATERIAL; SOURCE AND 
 16.20  SPECIAL NUCLEAR MATERIAL; FEES; INSPECTION.] 
 16.21     Subdivision 1.  [APPLICATION AND LICENSE RENEWAL FEE.] When 
 16.22  a license is required for radioactive material or source or 
 16.23  special nuclear material by a rule adopted under section 
 16.24  144.1202, subdivision 2, an application fee according to 
 16.25  subdivision 4 must be paid upon initial application for a 
 16.26  license.  The licensee must renew the license 60 days before the 
 16.27  expiration date of the license by paying a license renewal fee 
 16.28  equal to the application fee under subdivision 4.  The 
 16.29  expiration date of a license is the date set by the United 
 16.30  States Nuclear Regulatory Commission before transfer of the 
 16.31  licensing program under section 144.1202 and thereafter as 
 16.32  specified by rule of the commissioner of health. 
 16.33     Subd. 2.  [ANNUAL FEE.] A licensee must pay an annual fee 
 16.34  at least 60 days before the anniversary date of the issuance of 
 16.35  the license.  The annual fee is an amount equal to 80 percent of 
 16.36  the application fee under subdivision 4, rounded to the nearest 
 17.1   whole dollar. 
 17.2      Subd. 3.  [FEE CATEGORIES; INCORPORATION OF FEDERAL 
 17.3   LICENSING CATEGORIES.] (a) Fee categories under this section are 
 17.4   equivalent to the licensing categories used by the United States 
 17.5   Nuclear Regulatory Commission under Code of Federal Regulations, 
 17.6   title 10, parts 30 to 36, 39, 40, 70, 71, and 150, except as 
 17.7   provided in paragraph (b). 
 17.8      (b) The category of "Academic, small" is the type of 
 17.9   license required for the use of radioactive materials in a 
 17.10  teaching institution.  Radioactive materials are limited to ten 
 17.11  radionuclides not to exceed a total activity amount of one curie.
 17.12     Subd. 4.  [APPLICATION FEE.] A licensee must pay an 
 17.13  application fee as follows: 
 17.14  Radioactive material,  Application    U.S. Nuclear Regulatory
 17.15  source and             fee            Commission licensing
 17.16  special material                      category as reference
 17.18  Type A broadscope      $20,000        Medical institution type A
 17.19  Type B broadscope      $15,000        Research and development
 17.20                                        type B
 17.21  Type C broadscope      $10,000        Academic type C
 17.22  Medical use            $4,000         Medical
 17.23                                        Medical institution
 17.24                                        Medical private practice
 17.25  Mobile nuclear                                                 
 17.26  medical laboratory     $4,000         Mobile medical laboratory
 17.27  Medical special use                                     
 17.28  sealed sources         $6,000         Teletherapy
 17.29                                        High dose rate remote
 17.30                                        afterloaders
 17.31                                        Stereotactic
 17.32                                        radiosurgery devices
 17.33  In vitro testing       $2,300         In vitro testing
 17.34                                        laboratories
 17.35  Measuring gauge,
 17.36  sealed sources         $2,000         Fixed gauges
 18.1                                         Portable gauges
 18.2                                         Analytical instruments
 18.3                                         Measuring systems - other
 18.4   Gas chromatographs     $1,200         Gas chromatographs
 18.5   Manufacturing and 
 18.6   distribution           $14,700        Manufacturing and 
 18.7                                         distribution - other
 18.8   Distribution only      $8,800         Distribution of
 18.9                                         radioactive material
 18.10                                        for commercial use only
 18.11  Other services         $1,500         Other services
 18.12  Nuclear medicine 
 18.13  pharmacy               $4,100         Nuclear pharmacy
 18.14  Waste disposal         $9,400         Waste disposal service
 18.15                                        prepackage
 18.16                                        Waste disposal service
 18.17                                        processing/repackage
 18.18  Waste storage only     $7,000         To receive and store
 18.19                                        radioactive material waste
 18.20  Industrial
 18.21  radiography            $8,400         Industrial radiography
 18.22                                        fixed location
 18.23                                        Industrial radiography
 18.24                                        portable/temporary sites
 18.25  Irradiator - 
 18.26  self-shielded          $4,100         Irradiators self-shielded
 18.27                                        less than 10,000 curies
 18.28  Irradiator - 
 18.29  less than 10,000 Ci    $7,500         Irradiators less than
 18.30                                        10,000 curies
 18.31  Irradiator - 
 18.32  more than 10,000 Ci    $11,500        Irradiators greater than
 18.33                                        10,000 curies
 18.34  Research and
 18.35  development,
 18.36  no distribution        $4,100         Research and development
 19.1   Radioactive material 
 19.2   possession only        $1,000         Byproduct possession only
 19.3   Source material        $1,000         Source material shielding
 19.4   Special nuclear 
 19.5   material, less than 
 19.6   200 grams              $1,000         Special nuclear material
 19.7                                         plutonium-neutron sources
 19.8                                         less than 200 grams
 19.9   Pacemaker
 19.10  manufacturing          $1,000         Pacemaker byproduct
 19.11                                        and/or special nuclear
 19.12                                        material - medical
 19.13                                        institution
 19.14  General license
 19.15  distribution           $2,100         General license
 19.16                                        distribution
 19.17  General license 
 19.18  distribution, exempt   $1,500         General license 
 19.19                                        distribution -
 19.20                                        certain exempt items
 19.21  Academic, small        $1,000         Possession limit of ten
 19.22                                        radionuclides, not to
 19.23                                        exceed a total of one curie
 19.24                                        of activity
 19.25  Veterinary             $2,000         Veterinary use
 19.26  Well logging           $5,000         Well logging
 19.27     Subd. 5.  [PENALTY FOR LATE PAYMENT.] An annual fee or a 
 19.28  license renewal fee submitted to the commissioner after the due 
 19.29  date specified by rule must be accompanied by an additional 
 19.30  amount equal to 25 percent of the fee due. 
 19.31     Subd. 6.  [INSPECTIONS.] The commissioner of health shall 
 19.32  make periodic safety inspections of the radioactive material and 
 19.33  source and special nuclear material of a licensee.  The 
 19.34  commissioner shall prescribe the frequency of safety inspections 
 19.35  by rule. 
 19.36     Subd. 7.  [RECOVERY OF REINSPECTION COST.] If the 
 20.1   commissioner finds serious violations of public health standards 
 20.2   during an inspection under subdivision 6, the licensee must pay 
 20.3   all costs associated with subsequent reinspection of the 
 20.4   source.  The costs shall be the actual costs incurred by the 
 20.5   commissioner and include, but are not limited to, labor, 
 20.6   transportation, per diem, materials, legal fees, testing, and 
 20.7   monitoring costs. 
 20.8      Subd. 8.  [RECIPROCITY FEE.] A licensee submitting an 
 20.9   application for reciprocal recognition of a materials license 
 20.10  issued by another agreement state or the United States Nuclear 
 20.11  Regulatory Commission for a period of 180 days or less during a 
 20.12  calendar year must pay one-half of the application fee specified 
 20.13  under subdivision 4.  For a period of 181 days or more, the 
 20.14  licensee must pay the entire application fee under subdivision 4.
 20.15     Subd. 9.  [FEES FOR LICENSE AMENDMENTS.] A licensee must 
 20.16  pay a fee to amend a license as follows: 
 20.17     (1) to amend a license requiring no license review 
 20.18  including, but not limited to, facility name change or removal 
 20.19  of a previously authorized user, no fee; 
 20.20     (2) to amend a license requiring review including, but not 
 20.21  limited to, addition of isotopes, procedure changes, new 
 20.22  authorized users, or a new radiation safety officer, $200; and 
 20.23     (3) to amend a license requiring review and a site visit 
 20.24  including, but not limited to, facility move or addition of 
 20.25  processes, $400. 
 20.26     Sec. 24.  Minnesota Statutes 2000, section 144.148, 
 20.27  subdivision 8, is amended to read: 
 20.28     Subd. 8.  [EXPIRATION.] This section expires June 30, 
 20.29  2001 2003. 
 20.30     Sec. 25.  Minnesota Statutes 2000, section 144.1494, is 
 20.31  amended by adding a subdivision to read: 
 20.32     Subd. 3a.  [ADDITIONAL PARTICIPANTS.] Based on availability 
 20.33  of general fund appropriations, the commissioner may accept up 
 20.34  to ten applicants a year in addition to the number of applicants 
 20.35  specified under subdivision 3.  All other terms and conditions 
 20.36  of this section apply to applicants accepted under this 
 21.1   subdivision. 
 21.2      Sec. 26.  Minnesota Statutes 2000, section 144.1496, is 
 21.3   amended by adding a subdivision to read: 
 21.4      Subd. 3a.  [ADDITIONAL PARTICIPANTS.] Based on availability 
 21.5   of general fund appropriations, the commissioner may accept up 
 21.6   to 177 applicants a year in addition to the number of applicants 
 21.7   specified under subdivision 3.  All other terms and conditions 
 21.8   of this section apply to applicants accepted under this 
 21.9   subdivision. 
 21.10     Sec. 27.  [144.1501] [RURAL PHARMACISTS LOAN FORGIVENESS.] 
 21.11     Subdivision 1.  [DEFINITIONS.] (a) For purposes of this 
 21.12  section, the terms defined in this subdivision have the meanings 
 21.13  given them. 
 21.14     (b) "Designated rural area" means:  
 21.15     (1) an area in Minnesota outside the counties of Anoka, 
 21.16  Carver, Dakota, Hennepin, Ramsey, Scott, and Washington, 
 21.17  excluding the cities of Duluth, Mankato, Moorhead, Rochester, 
 21.18  and St. Cloud; or 
 21.19     (2) a municipal corporation, as defined under section 
 21.20  471.634, that is physically located, in whole or in part, in an 
 21.21  area defined as a designated rural area under clause (1).  
 21.22     Designated rural areas may be further defined by the 
 21.23  commissioner of health to reflect a shortage of pharmacists as 
 21.24  indicated by the ratio of pharmacists to population and the 
 21.25  distance to the next nearest pharmacy. 
 21.26     (c) "Qualifying educational loans" means government, 
 21.27  commercial, and foundation loans for actual costs paid for 
 21.28  tuition, reasonable education expenses, and reasonable living 
 21.29  expenses related to the graduate or undergraduate education of a 
 21.30  pharmacist. 
 21.31     Subd. 2.  [CREATION OF ACCOUNT; LOAN FORGIVENESS 
 21.32  PROGRAM.] A rural pharmacist education account is established in 
 21.33  the general fund.  The commissioner of health shall use money 
 21.34  from the account to establish a loan forgiveness program for 
 21.35  pharmacists who agree to practice in designated rural areas.  
 21.36  The commissioner may seek advice in establishing the program 
 22.1   from the pharmacists association, the University of Minnesota, 
 22.2   and other interested parties. 
 22.3      Subd. 3.  [ELIGIBILITY.] To be eligible to participate in 
 22.4   the loan forgiveness program, a pharmacy student must submit an 
 22.5   application to the commissioner of health while attending a 
 22.6   program of study designed to prepare the individual to become a 
 22.7   licensed pharmacist.  For fiscal year 2002, applicants may have 
 22.8   graduated from a pharmacy program in calendar year 2001.  A 
 22.9   pharmacy student who is accepted into the loan forgiveness 
 22.10  program must sign a contract to agree to serve a minimum 
 22.11  three-year service obligation within a designated rural area, 
 22.12  which shall begin no later than March 31 of the first year 
 22.13  following completion of a pharmacy program or residency. 
 22.14     Subd. 4.  [LOAN FORGIVENESS.] The commissioner of health 
 22.15  may accept up to 14 applicants per year for participation in the 
 22.16  loan forgiveness program.  Applicants are responsible for 
 22.17  securing their own loans.  The commissioner shall select 
 22.18  participants based on their suitability for rural practice, as 
 22.19  indicated by rural experience or training.  The commissioner 
 22.20  shall give preference to applicants closest to completing their 
 22.21  training.  For each year that a participant serves as a 
 22.22  pharmacist in a designated rural area as required under 
 22.23  subdivision 3, up to a maximum of four years, the commissioner 
 22.24  shall make annual disbursements directly to the participant 
 22.25  equivalent to $5,000 per year of service, not to exceed $20,000 
 22.26  or the balance of the qualifying educational loans, whichever is 
 22.27  less.  Before receiving loan repayment disbursements and as 
 22.28  requested, the participant must complete and return to the 
 22.29  commissioner an affidavit of practice form provided by the 
 22.30  commissioner verifying that the participant is practicing as 
 22.31  required in an eligible area.  The participant must provide the 
 22.32  commissioner with verification that the full amount of loan 
 22.33  repayment disbursement received by the participant has been 
 22.34  applied toward the qualifying educational loans.  After each 
 22.35  disbursement, verification must be received by the commissioner 
 22.36  and approved before the next loan repayment disbursement is 
 23.1   made. Participants who move their practice from one designated 
 23.2   rural area to another remain eligible for loan repayment. 
 23.3      Subd. 5.  [PENALTY FOR NONFULFILLMENT.] If a participant 
 23.4   does not fulfill the service commitment under subdivision 3, the 
 23.5   commissioner of health shall collect from the participant 100 
 23.6   percent of any payments made for qualified educational loans and 
 23.7   interest at a rate established according to section 270.75.  The 
 23.8   commissioner shall deposit the money collected in the rural 
 23.9   pharmacist education account established under subdivision 2. 
 23.10     Subd. 6.  [SUSPENSION OR WAIVER OF OBLIGATION.] Payment or 
 23.11  service obligations cancel in the event of a participant's 
 23.12  death.  The commissioner of health may waive or suspend payment 
 23.13  or service obligations in cases of total and permanent 
 23.14  disability or long-term temporary disability lasting for more 
 23.15  than two years.  The commissioner shall evaluate all other 
 23.16  requests for suspension or waivers on a case-by-case basis and 
 23.17  may grant a waiver of all or part of the money owed as a result 
 23.18  of a nonfulfillment penalty if emergency circumstances prevented 
 23.19  fulfillment of the required service commitment. 
 23.20     Sec. 28.  [144.1502] [DENTISTS LOAN FORGIVENESS.] 
 23.21     Subdivision 1.  [DEFINITION.] For purposes of this section, 
 23.22  "qualifying educational loans" means government, commercial, and 
 23.23  foundation loans for actual costs paid for tuition, reasonable 
 23.24  education expenses, and reasonable living expenses related to 
 23.25  the graduate or undergraduate education of a dentist. 
 23.26     Subd. 2.  [CREATION OF ACCOUNT; LOAN FORGIVENESS 
 23.27  PROGRAM.] A dentist education account is established in the 
 23.28  general fund.  The commissioner of health shall use money from 
 23.29  the account to establish a loan forgiveness program for dentists 
 23.30  who agree to care for substantial numbers of state public 
 23.31  program participants and other low- to moderate-income uninsured 
 23.32  patients. 
 23.33     Subd. 3.  [ELIGIBILITY.] To be eligible to participate in 
 23.34  the loan forgiveness program, a dental student must submit an 
 23.35  application to the commissioner of health while attending a 
 23.36  program of study designed to prepare the individual to become a 
 24.1   licensed dentist.  For fiscal year 2002, applicants may have 
 24.2   graduated from a dentistry program in calendar year 2001.  A 
 24.3   dental student who is accepted into the loan forgiveness program 
 24.4   must sign a contract to agree to serve a minimum three-year 
 24.5   service obligation during which at least 25 percent of the 
 24.6   dentist's yearly patient encounters are delivered to state 
 24.7   public program enrollees or patients receiving sliding fee 
 24.8   schedule discounts through a formal sliding fee schedule meeting 
 24.9   the standards established by the United States Department of 
 24.10  Health and Human Services under Code of Federal Regulations, 
 24.11  title 42, section 51, chapter 303.  The service obligation shall 
 24.12  begin no later than March 31 of the first year following 
 24.13  completion of training. 
 24.14     Subd. 4.  [LOAN FORGIVENESS.] The commissioner of health 
 24.15  may accept up to 14 applicants per year for participation in the 
 24.16  loan forgiveness program.  Applicants are responsible for 
 24.17  securing their own loans.  The commissioner shall select 
 24.18  participants based on their suitability for practice serving 
 24.19  public program patients, as indicated by experience or 
 24.20  training.  The commissioner shall give preference to applicants 
 24.21  who have attended a Minnesota dentistry educational institution 
 24.22  and to applicants closest to completing their training.  For 
 24.23  each year that a participant meets the service obligation 
 24.24  required under subdivision 3, up to a maximum of four years, the 
 24.25  commissioner shall make annual disbursements directly to the 
 24.26  participant equivalent to $10,000 per year of service, not to 
 24.27  exceed $40,000 or the balance of the qualifying educational 
 24.28  loans, whichever is less.  Before receiving loan repayment 
 24.29  disbursements and as requested, the participant must complete 
 24.30  and return to the commissioner an affidavit of practice form 
 24.31  provided by the commissioner verifying that the participant is 
 24.32  practicing as required under subdivision 3.  The participant 
 24.33  must provide the commissioner with verification that the full 
 24.34  amount of loan repayment disbursement received by the 
 24.35  participant has been applied toward the designated loans.  After 
 24.36  each disbursement, verification must be received by the 
 25.1   commissioner and approved before the next loan repayment 
 25.2   disbursement is made.  Participants who move their practice 
 25.3   remain eligible for loan repayment as long as they practice as 
 25.4   required under subdivision 3. 
 25.5      Subd. 5.  [PENALTY FOR NONFULFILLMENT.] If a participant 
 25.6   does not fulfill the service commitment under subdivision 3, the 
 25.7   commissioner of health shall collect from the participant 100 
 25.8   percent of any payments made for qualified educational loans and 
 25.9   interest at a rate established according to section 270.75.  The 
 25.10  commissioner shall deposit the money collected in the dentist 
 25.11  education account established under subdivision 2. 
 25.12     Subd. 6.  [SUSPENSION OR WAIVER OF OBLIGATION.] Payment or 
 25.13  service obligations cancel in the event of a participant's 
 25.14  death.  The commissioner of health may waive or suspend payment 
 25.15  or service obligations in cases of total and permanent 
 25.16  disability or long-term temporary disability lasting for more 
 25.17  than two years.  The commissioner shall evaluate all other 
 25.18  requests for suspension or waivers on a case-by-case basis and 
 25.19  may grant a waiver of all or part of the money owed as a result 
 25.20  of a nonfulfillment penalty if emergency circumstances prevented 
 25.21  fulfillment of the required service commitment. 
 25.22     Sec. 29.  [144.1503] [RURAL MENTAL HEALTH PROFESSIONAL LOAN 
 25.23  FORGIVENESS.] 
 25.24     Subdivision 1.  [DEFINITIONS.] (a) For purposes of this 
 25.25  section, the terms defined in this subdivision have the meanings 
 25.26  given them. 
 25.27     (b) "Designated rural area" means: 
 25.28     (1) an area in Minnesota outside the counties of Anoka, 
 25.29  Carver, Dakota, Hennepin, Ramsey, Scott, and Washington, 
 25.30  excluding the cities of Duluth, Mankato, Moorhead, Rochester, 
 25.31  and St. Cloud; or 
 25.32     (2) a municipal corporation, as defined under section 
 25.33  471.634, that is physically located, in whole or in part, in an 
 25.34  area defined as a designated rural area under clause (1). 
 25.35     (c) "Mental health professional" means a psychologist, 
 25.36  clinical social worker, marriage and family therapist, or 
 26.1   psychiatric nurse. 
 26.2      (d) "Qualifying educational loans" means government, 
 26.3   commercial, and foundation loans for actual costs paid for 
 26.4   tuition, reasonable education expenses, and reasonable living 
 26.5   expenses related to the graduate or undergraduate education of a 
 26.6   mental health professional. 
 26.7      Subd. 2.  [CREATION OF ACCOUNT; LOAN FORGIVENESS 
 26.8   PROGRAM.] A rural mental health professional education account 
 26.9   is established in the general fund.  The commissioner of health 
 26.10  shall use money from the account to establish a loan forgiveness 
 26.11  program for mental health professionals who agree to practice in 
 26.12  designated rural areas. 
 26.13     Subd. 3.  [ELIGIBILITY.] To be eligible to participate in 
 26.14  the loan forgiveness program, a mental health professional 
 26.15  student must submit an application to the commissioner of health 
 26.16  while attending a program of study designed to prepare the 
 26.17  individual to become a mental health professional.  For fiscal 
 26.18  year 2002, applicants may have graduated from a mental health 
 26.19  professional educational program in calendar year 2001.  A 
 26.20  mental health professional student who is accepted into the loan 
 26.21  forgiveness program must sign a contract to agree to serve a 
 26.22  minimum three-year service obligation within a designated rural 
 26.23  area, which shall begin no later than March 31 of the first year 
 26.24  following completion of a mental health professional educational 
 26.25  program.  
 26.26     Subd. 4.  [LOAN FORGIVENESS.] The commissioner of health 
 26.27  may accept up to 12 applicants per year for participation in the 
 26.28  loan forgiveness program.  Applicants are responsible for 
 26.29  securing their own loans.  The commissioner shall select 
 26.30  participants based on their suitability for rural practice, as 
 26.31  indicated by rural experience or training.  The commissioner 
 26.32  shall give preference to applicants who have attended a 
 26.33  Minnesota mental health professional educational institution and 
 26.34  to applicants closest to completing their training.  For each 
 26.35  year that a participant serves as a mental health professional 
 26.36  in a designated rural area as required under subdivision 3, up 
 27.1   to a maximum of four years, the commissioner shall make annual 
 27.2   disbursements directly to the participant equivalent to $4,000 
 27.3   per year of service, not to exceed $16,000 or the balance of the 
 27.4   qualifying educational loans, whichever is less.  Before 
 27.5   receiving loan repayment disbursements and as requested, the 
 27.6   participant must complete and return to the commissioner an 
 27.7   affidavit of practice form provided by the commissioner 
 27.8   verifying that the participant is practicing as required in an 
 27.9   eligible area.  The participant must provide the commissioner 
 27.10  with verification that the full amount of loan repayment 
 27.11  disbursement received by the participant has been applied toward 
 27.12  the qualifying educational loans.  After each disbursement, 
 27.13  verification must be received by the commissioner and approved 
 27.14  before the next loan repayment disbursement is made.  
 27.15  Participants who move their practice from one designated rural 
 27.16  area to another remain eligible for loan repayment. 
 27.17     Subd. 5.  [PENALTY FOR NONFULFILLMENT.] If a participant 
 27.18  does not fulfill the service commitment under subdivision 3, the 
 27.19  commissioner of health shall collect from the participant 100 
 27.20  percent of any payments made for qualified educational loans and 
 27.21  interest at a rate established according to section 270.75.  The 
 27.22  commissioner shall deposit the money collected in the rural 
 27.23  mental health professional education account established under 
 27.24  subdivision 2. 
 27.25     Subd. 6.  [SUSPENSION OR WAIVER OF OBLIGATION.] Payment or 
 27.26  service obligations cancel in the event of a participant's 
 27.27  death.  The commissioner of health may waive or suspend payment 
 27.28  or service obligations in cases of total and permanent 
 27.29  disability or long-term temporary disability lasting for more 
 27.30  than two years.  The commissioner shall evaluate all other 
 27.31  requests for suspension or waivers on a case-by-case basis and 
 27.32  may grant a waiver of all or part of the money owed as a result 
 27.33  of a nonfulfillment penalty if emergency circumstances prevented 
 27.34  fulfillment of the required service commitment. 
 27.35     Sec. 30.  [144.1504] [RURAL HEALTH CARE TECHNICIANS LOAN 
 27.36  FORGIVENESS.] 
 28.1      Subdivision 1.  [DEFINITIONS.] (a) For purposes of this 
 28.2   section, the terms defined in this subdivision have the meanings 
 28.3   given them. 
 28.4      (b) "Clinical laboratory scientist" means a person who 
 28.5   performs and interprets results of medical tests that require 
 28.6   the exercise of independent judgment and responsibility, with 
 28.7   minimal supervision by the director or supervisor, in only those 
 28.8   specialties or subspecialties in which the person is qualified 
 28.9   by education, training, and experience and has demonstrated 
 28.10  ongoing competency by certification or other means.  A clinical 
 28.11  laboratory scientist may also be called a medical technologist. 
 28.12     (c) "Clinical laboratory technician" means any person other 
 28.13  than a medical laboratory director, clinical laboratory 
 28.14  scientist, or trainee who functions under the supervision of a 
 28.15  medical laboratory director or clinical laboratory scientist and 
 28.16  performs diagnostic and analytical laboratory tests in only 
 28.17  those specialties or subspecialties in which the person is 
 28.18  qualified by education, training, and experience and has 
 28.19  demonstrated ongoing competency by certification or other 
 28.20  means.  A clinical laboratory technician may also be called a 
 28.21  medical technician. 
 28.22     (d) "Designated rural area" means: 
 28.23     (1) an area in Minnesota outside the counties of Anoka, 
 28.24  Carver, Dakota, Hennepin, Ramsey, Scott, and Washington, 
 28.25  excluding the cities of Duluth, Mankato, Moorhead, Rochester, 
 28.26  and St. Cloud; or 
 28.27     (2) a municipal corporation, as defined under section 
 28.28  471.634, that is physically located, in whole or in part, in an 
 28.29  area defined as a designated rural area under clause (1). 
 28.30     (e) "Health care technician" means a clinical laboratory 
 28.31  scientist, clinical laboratory technician, radiologic 
 28.32  technologist, paramedic, dental hygienist, or dental assistant. 
 28.33     (f) "Qualifying educational loans" means government, 
 28.34  commercial, and foundation loans for actual costs paid for 
 28.35  tuition, reasonable education expenses, and reasonable living 
 28.36  expenses related to the graduate or undergraduate education of a 
 29.1   health care technician. 
 29.2      (g) "Radiologic technologist" means a person, other than a 
 29.3   licensed physician, who has demonstrated competency by 
 29.4   certification, registration, or other means for administering 
 29.5   medical imaging or radiation therapy procedures to other persons 
 29.6   for medical purposes.  Radiologic technologist includes, but is 
 29.7   not limited to, radiographers, radiation therapists, and nuclear 
 29.8   medicine technologists. 
 29.9      Subd. 2.  [CREATION OF ACCOUNT; LOAN FORGIVENESS 
 29.10  PROGRAM.] A rural health care technician education account is 
 29.11  established in the general fund.  The commissioner of health 
 29.12  shall use money from the account to establish a loan forgiveness 
 29.13  program for health care technicians who agree to practice in 
 29.14  designated rural areas. 
 29.15     Subd. 3.  [ELIGIBILITY.] To be eligible to participate in 
 29.16  the loan forgiveness program, a health care technician student 
 29.17  must submit an application to the commissioner of health while 
 29.18  attending a program of study designed to prepare the individual 
 29.19  to become a health care technician.  For fiscal year 2002, 
 29.20  applicants may have graduated from a health care technician 
 29.21  program in calendar year 2001.  A health care technician student 
 29.22  who is accepted into the loan forgiveness program must sign a 
 29.23  contract to agree to serve a minimum one-year service obligation 
 29.24  within a designated rural area, which shall begin no later than 
 29.25  March 31 of the first year following completion of a health care 
 29.26  technician program. 
 29.27     Subd. 4.  [LOAN FORGIVENESS.] The commissioner of health 
 29.28  may accept up to 30 applicants per year for participation in the 
 29.29  loan forgiveness program.  Applicants are responsible for 
 29.30  securing their own loans.  The commissioner shall select 
 29.31  participants based on their suitability for rural practice, as 
 29.32  indicated by rural experience or training.  The commissioner 
 29.33  shall give preference to applicants who have attended a 
 29.34  Minnesota health care technician educational institution and to 
 29.35  applicants closest to completing their training.  For each year 
 29.36  that a participant serves as a health care technician in a 
 30.1   designated rural area as required under subdivision 3, up to a 
 30.2   maximum of two years, the commissioner shall make annual 
 30.3   disbursements directly to the participant equivalent to $2,500 
 30.4   per year of service, not to exceed $5,000 or the balance of the 
 30.5   qualifying educational loans, whichever is less.  Before 
 30.6   receiving loan repayment disbursements and as requested, the 
 30.7   participant must complete and return to the commissioner an 
 30.8   affidavit of practice form provided by the commissioner 
 30.9   verifying that the participant is practicing as required in an 
 30.10  eligible area.  The participant must provide the commissioner 
 30.11  with verification that the full amount of loan repayment 
 30.12  disbursement received by the participant has been applied toward 
 30.13  the qualifying educational loans.  After each disbursement, 
 30.14  verification must be received by the commissioner and approved 
 30.15  before the next loan repayment disbursement is made.  
 30.16  Participants who move their practice from one designated rural 
 30.17  area to another remain eligible for loan repayment. 
 30.18     Subd. 5.  [PENALTY FOR NONFULFILLMENT.] If a participant 
 30.19  does not fulfill the service commitment under subdivision 3, the 
 30.20  commissioner of health shall collect from the participant 100 
 30.21  percent of any payments made for qualified educational loans and 
 30.22  interest at a rate established according to section 270.75.  The 
 30.23  commissioner shall deposit the money collected in the rural 
 30.24  health care technician education account established under 
 30.25  subdivision 2. 
 30.26     Subd. 6.  [SUSPENSION OR WAIVER OF OBLIGATION.] Payment or 
 30.27  service obligations cancel in the event of a participant's 
 30.28  death.  The commissioner of health may waive or suspend payment 
 30.29  or service obligations in cases of total and permanent 
 30.30  disability or long-term temporary disability lasting for more 
 30.31  than two years.  The commissioner shall evaluate all other 
 30.32  requests for suspension or waivers on a case-by-case basis and 
 30.33  may grant a waiver of all or part of the money owed as a result 
 30.34  of a nonfulfillment penalty if emergency circumstances prevented 
 30.35  fulfillment of the required service commitment. 
 30.36     Sec. 31.  Minnesota Statutes 2000, section 144.226, 
 31.1   subdivision 4, is amended to read: 
 31.2      Subd. 4.  [VITAL RECORDS SURCHARGE.] In addition to any fee 
 31.3   prescribed under subdivision 1, there is a nonrefundable 
 31.4   surcharge of $3 $2 for each certified and noncertified birth or 
 31.5   death record, and for a certification that the record cannot be 
 31.6   found.  The local or state registrar shall forward this amount 
 31.7   to the state treasurer to be deposited into the state government 
 31.8   special revenue fund.  This surcharge shall not be charged under 
 31.9   those circumstances in which no fee for a birth or death record 
 31.10  is permitted under subdivision 1, paragraph (a).  This surcharge 
 31.11  requirement expires June 30, 2002. 
 31.12     Sec. 32.  [144.585] [HOSPITAL UNCOMPENSATED CARE AID.] 
 31.13     Subdivision 1.  [PURPOSE.] The purpose of uncompensated 
 31.14  care aid is to help offset excess charity care burdens at 
 31.15  Minnesota acute care, short-term hospitals that play a 
 31.16  disproportionate role in servicing the uninsured and low-income 
 31.17  populations. 
 31.18     Subd. 2.  [DEFINITIONS.] (a) For purposes of this section, 
 31.19  the terms defined in this subdivision have the meanings given to 
 31.20  them. 
 31.21     (b) "Uncompensated care" means the sum of charity care and 
 31.22  bad debt. 
 31.23     (c) "Charity care" has the meaning given in rules adopted 
 31.24  by the commissioner of health under sections 144.695 to 144.703. 
 31.25  Charity care shall be adjusted to cost-basis using the 
 31.26  cost-to-charge ratio. 
 31.27     (d) "Bad debt" has the meaning given in rules adopted by 
 31.28  the commissioner of health under sections 144.695 to 144.703.  
 31.29  Bad debt shall be adjusted to cost-basis using the 
 31.30  cost-to-charge ratio. 
 31.31     (e) "Uncompensated care ratio" means a hospital's 
 31.32  uncompensated care divided by its operating expenses, as defined 
 31.33  in rules adopted by the commissioner of health under sections 
 31.34  144.695 to 144.703. 
 31.35     (f) "Cost-to-charge ratio" means a hospital's total 
 31.36  operating expenses over the sum of gross patient revenue and 
 32.1   other operating revenue, as reported to the commissioner of 
 32.2   health under rules adopted under sections 144.695 to 144.703. 
 32.3      Subd. 3.  [ELIGIBLE HOSPITALS.] A hospital is eligible for 
 32.4   uncompensated care aid if its uncompensated care ratio exceeds 
 32.5   the statewide average uncompensated care ratio in both of the 
 32.6   two most recent hospital reporting years for which data is 
 32.7   available. 
 32.8      Subd. 4.  [ALLOCATION OF FUNDS.] An eligible hospital's 
 32.9   share of the available uncompensated care aid is equal to that 
 32.10  hospital's share of uncompensated care relative to the total 
 32.11  uncompensated care provided by eligible hospitals. 
 32.12     Subd. 5.  [REPORTS BY HOSPITALS.] Hospitals receiving 
 32.13  uncompensated care aid under this section must file with the 
 32.14  commissioner of health a report containing a list of the most 
 32.15  common diagnoses that remain uncompensated with the associated 
 32.16  number of cases and amounts of charity care and bad debt; 
 32.17  descriptive aggregate statistics of the characteristics of 
 32.18  patients who receive charity care and incur bad debt; and 
 32.19  information describing the county of origin of patients 
 32.20  receiving charity care.  The information must be submitted to 
 32.21  the commissioner at a date and on forms determined by the 
 32.22  commissioner. 
 32.23     Sec. 33.  Minnesota Statutes 2000, section 144.98, 
 32.24  subdivision 3, is amended to read: 
 32.25     Subd. 3.  [FEES.] (a) An application for certification 
 32.26  under subdivision 1 must be accompanied by the biennial fee 
 32.27  specified in this subdivision.  The fees are for: 
 32.28     (1) nonrefundable base certification fee, $500 $1,200; and 
 32.29     (2) test category certification fees: 
 32.30  Test Category                                  Certification Fee
 32.31  Clean water program bacteriology                      $200 $600
 32.32  Safe drinking water program bacteriology                   $600
 32.33  Clean water program inorganic chemistry, 
 32.34    fewer than four constituents                        $100 $600
 32.35  Safe drinking water program inorganic chemistry, 
 32.36    four or more constituents                           $300 $600
 33.1   Clean water program chemistry metals, 
 33.2     fewer than four constituents                        $200 $800
 33.3   Safe drinking water program chemistry metals, 
 33.4     four or more constituents                           $500 $800
 33.5   Resource conservation and recovery program 
 33.6     chemistry metals                                         $800
 33.7   Clean water program volatile organic compounds      $600 $1,200
 33.8   Safe drinking water program 
 33.9     volatile organic compounds                             $1,200
 33.10  Resource conservation and recovery program 
 33.11    volatile organic compounds                             $1,200
 33.12  Underground storage tank program
 33.13    volatile organic compounds                             $1,200
 33.14  Clean water program other organic compounds         $600 $1,200
 33.15  Safe drinking water program other organic compounds      $1,200
 33.16  Resource conservation and recovery program
 33.17    other organic compounds                                $1,200
 33.18     (b) The total biennial certification fee is the base fee 
 33.19  plus the applicable test category fees.  The biennial 
 33.20  certification fee for a contract laboratory is 1.5 times the 
 33.21  total certification fee. 
 33.22     (c) Laboratories located outside of this state that require 
 33.23  an on-site survey will be assessed an additional $1,200 $2,500 
 33.24  fee. 
 33.25     (d) Fees must be set so that the total fees support the 
 33.26  laboratory certification program.  Direct costs of the 
 33.27  certification service include program administration, 
 33.28  inspections, the agency's general support costs, and attorney 
 33.29  general costs attributable to the fee function. 
 33.30     (e) A change fee shall be assessed if a laboratory requests 
 33.31  additional analytes or methods at any time other than when 
 33.32  applying for or renewing its certification.  The change fee is 
 33.33  equal to the test category certification fee for the analyte.  
 33.34     (f) A variance fee shall be assessed if a laboratory 
 33.35  requests and is granted a variance from a rule adopted under 
 33.36  this section.  The variance fee is $500 per variance. 
 34.1      (g) Refunds or credits shall not be made for analytes or 
 34.2   methods requested but not approved.  
 34.3      (h) Certification of a laboratory shall not be awarded 
 34.4   until all fees are paid. 
 34.5      Sec. 34.  Minnesota Statutes 2000, section 145.881, 
 34.6   subdivision 2, is amended to read: 
 34.7      Subd. 2.  [DUTIES.] The advisory task force shall meet on a 
 34.8   regular basis to perform the following duties:  
 34.9      (a) review and report on the health care needs of mothers 
 34.10  and children throughout the state of Minnesota; 
 34.11     (b) review and report on the type, frequency and impact of 
 34.12  maternal and child health care services provided to mothers and 
 34.13  children under existing maternal and child health care programs, 
 34.14  including programs administered by the commissioner of health; 
 34.15     (c) establish, review, and report to the commissioner a 
 34.16  list of program guidelines and criteria which the advisory task 
 34.17  force considers essential to providing an effective maternal and 
 34.18  child health care program to low income populations and high 
 34.19  risk persons and fulfilling the purposes defined in section 
 34.20  145.88; 
 34.21     (d) review staff recommendations of the department of 
 34.22  health regarding maternal and child health grant awards before 
 34.23  the awards are made; 
 34.24     (e) make recommendations to the commissioner for the use of 
 34.25  other federal and state funds available to meet maternal and 
 34.26  child health needs; 
 34.27     (f) make recommendations to the commissioner of health on 
 34.28  priorities for funding the following maternal and child health 
 34.29  services:  (1) prenatal, delivery and postpartum care, (2) 
 34.30  comprehensive health care for children, especially from birth 
 34.31  through five years of age, (3) adolescent health services, (4) 
 34.32  family planning services, (5) preventive dental care, (6) 
 34.33  special services for chronically ill and handicapped children 
 34.34  and (7) any other services which promote the health of mothers 
 34.35  and children; and 
 34.36     (g) make recommendations to the commissioner of health on 
 35.1   the process to distribute, award and administer the maternal and 
 35.2   child health block grant funds; and 
 35.3      (h) review the measures that are used to define the 
 35.4   variables of the funding distribution formula in section 
 35.5   145.882, subdivision 4a, every two years and make 
 35.6   recommendations to the commissioner of health for changes based 
 35.7   upon principles established by the advisory task force for this 
 35.8   purpose.  
 35.9      Sec. 35.  Minnesota Statutes 2000, section 145.882, is 
 35.10  amended by adding a subdivision to read: 
 35.11     Subd. 4a.  [ALLOCATION TO COMMUNITY HEALTH BOARDS.] (a) 
 35.12  Federal maternal and child health block grant money remaining 
 35.13  after distributions made under subdivision 2 and money 
 35.14  appropriated for allocation to community health boards must be 
 35.15  allocated according to paragraphs (b) and (c) to community 
 35.16  health boards as defined in section 145A.02, subdivision 5.  
 35.17     (b) The allocation to each community health board must be 
 35.18  based on the following three variables: 
 35.19     (1) 25 percent based on the maternal and child population 
 35.20  in the area served by the community health board; 
 35.21     (2) 50 percent based on the health risk factors of the 
 35.22  maternal and child population in the area served by the 
 35.23  community health board; and 
 35.24     (3) 25 percent based on the income of the maternal and 
 35.25  child population in the area served by the community health 
 35.26  board. 
 35.27     (c) Each variable must be expressed as a city or county 
 35.28  score consisting of the city or county frequency of each 
 35.29  variable divided by the statewide frequency of the variable.  A 
 35.30  total score for each city or county jurisdiction must be 
 35.31  computed by totaling the scores of the three variables.  Each 
 35.32  community health board must be allocated an amount equal to the 
 35.33  total score obtained for the city, county, or counties in its 
 35.34  area multiplied by the amount of money available. 
 35.35     Sec. 36.  Minnesota Statutes 2000, section 145.882, 
 35.36  subdivision 7, is amended to read: 
 36.1      Subd. 7.  [USE OF BLOCK GRANT MONEY.] (a) Maternal and 
 36.2   child health block grant money allocated to a community health 
 36.3   board or community health services area under this section must 
 36.4   be used for qualified programs for high risk and low-income 
 36.5   individuals.  Block grant money must be used for programs that: 
 36.6      (1) specifically address the highest risk populations, 
 36.7   particularly low-income and minority groups with a high rate of 
 36.8   infant mortality and children with low birth weight, by 
 36.9   providing services, including excluding prepregnancy family 
 36.10  planning services, calculated to produce measurable decreases in 
 36.11  infant mortality rates, instances of children with low birth 
 36.12  weight, and medical complications associated with pregnancy and 
 36.13  childbirth, including infant mortality, low birth rates, and 
 36.14  medical complications arising from chemical abuse by a mother 
 36.15  during pregnancy; 
 36.16     (2) specifically target pregnant women whose age, medical 
 36.17  condition, maternal history, or chemical abuse substantially 
 36.18  increases the likelihood of complications associated with 
 36.19  pregnancy and childbirth or the birth of a child with an 
 36.20  illness, disability, or special medical needs; 
 36.21     (3) specifically address the health needs of young children 
 36.22  who have or are likely to have a chronic disease or disability 
 36.23  or special medical needs, including physical, neurological, 
 36.24  emotional, and developmental problems that arise from chemical 
 36.25  abuse by a mother during pregnancy; 
 36.26     (4) provide family planning and preventive medical care, 
 36.27  excluding prepregnancy family planning services, for 
 36.28  specifically identified target populations, such as minority and 
 36.29  low-income teenagers, in a manner calculated to decrease the 
 36.30  occurrence of inappropriate pregnancy and minimize the risk of 
 36.31  complications associated with pregnancy and childbirth; or 
 36.32     (5) specifically address the frequency and severity of 
 36.33  childhood injuries and other child and adolescent health 
 36.34  problems in high-risk target populations by providing services, 
 36.35  excluding prepregnancy family planning services, calculated to 
 36.36  produce measurable decreases in mortality and 
 37.1   morbidity.  However, money may be used for this purpose only if 
 37.2   the community health board's application includes program 
 37.3   components for the purposes in clauses (1) to (4) in the 
 37.4   proposed geographic service area and the total expenditure for 
 37.5   injury-related programs under this clause does not exceed ten 
 37.6   percent of the total allocation under subdivision 3. 
 37.7      (b) Maternal and child health block grant money may be used 
 37.8   for purposes other than the purposes listed in this subdivision 
 37.9   only under the following conditions:  
 37.10     (1) the community health board or community health services 
 37.11  area can demonstrate that existing programs fully address the 
 37.12  needs of the highest risk target populations described in this 
 37.13  subdivision; or 
 37.14     (2) the money is used to continue projects that received 
 37.15  funding before creation of the maternal and child health block 
 37.16  grant in 1981. 
 37.17     (c) Projects that received funding before creation of the 
 37.18  maternal and child health block grant in 1981, must be allocated 
 37.19  at least the amount of maternal and child health special project 
 37.20  grant funds received in 1989, unless (1) the local board of 
 37.21  health provides equivalent alternative funding for the project 
 37.22  from another source; or (2) the local board of health 
 37.23  demonstrates that the need for the specific services provided by 
 37.24  the project has significantly decreased as a result of changes 
 37.25  in the demographic characteristics of the population, or other 
 37.26  factors that have a major impact on the demand for services.  If 
 37.27  the amount of federal funding to the state for the maternal and 
 37.28  child health block grant is decreased, these projects must 
 37.29  receive a proportional decrease as required in subdivision 1.  
 37.30  Increases in allocation amounts to local boards of health under 
 37.31  subdivision 4 may be used to increase funding levels for these 
 37.32  projects. 
 37.33     Sec. 37.  Minnesota Statutes 2000, section 145.885, 
 37.34  subdivision 2, is amended to read: 
 37.35     Subd. 2.  [ADDITIONAL REQUIREMENTS FOR COMMUNITY BOARDS OF 
 37.36  HEALTH.] Applications by community health boards as defined in 
 38.1   section 145A.02, subdivision 5, under section 145.882, 
 38.2   subdivision 3 4a, must also contain a summary of the process 
 38.3   used to develop the local program, including evidence that the 
 38.4   community health board notified local public and private 
 38.5   providers of the availability of funding through the community 
 38.6   health board for maternal and child health services; a list of 
 38.7   all public and private agency requests for grants submitted to 
 38.8   the community health board indicating which requests were 
 38.9   included in the grant application; and an explanation of how 
 38.10  priorities were established for selecting the requests to be 
 38.11  included in the grant application.  The community health board 
 38.12  shall include, with the grant application, a written statement 
 38.13  of the criteria to be applied to public and private agency 
 38.14  requests for funding. 
 38.15     Sec. 38.  Minnesota Statutes 2000, section 145.925, 
 38.16  subdivision 1, is amended to read: 
 38.17     Subdivision 1.  [ELIGIBLE ORGANIZATIONS; PURPOSE.] The 
 38.18  commissioner of health may make special grants to cities, 
 38.19  counties, tribal governments, or groups of cities or, counties, 
 38.20  or nonprofit corporations or tribal governments to provide 
 38.21  prepregnancy family planning services.  A city, county, tribal 
 38.22  government, or group of cities, counties, or tribal governments 
 38.23  that subcontracts for the provision of prepregnancy family 
 38.24  planning services using grant funds provided under this section 
 38.25  may only subcontract with cities, counties, tribal governments, 
 38.26  or groups of cities, counties, or tribal governments for the 
 38.27  provision of those services. 
 38.28     Sec. 39.  [145.9257] [TEEN PREGNANCY PREVENTION.] 
 38.29     Subdivision 1.  [GOAL.] It is the goal of the state to 
 38.30  reduce teen pregnancy rates by 24 percent by 2006.  To do so, 
 38.31  the commissioner of health shall establish a grant program to 
 38.32  reduce the rates of unintended teen pregnancies in the state.  
 38.33  If this goal of reducing teen pregnancy rates by 24 percent is 
 38.34  not met by December 31, 2006, this section expires June 30, 
 38.35  2007.  No funds awarded under this section may be used for 
 38.36  medical services or family planning services or for services 
 39.1   that, directly or indirectly, encourage, counsel, refer, or 
 39.2   provide abortions or abortion referrals. 
 39.3      Subd. 2.  [STATE-COMMUNITY PARTNERSHIPS; PLAN.] The 
 39.4   commissioner, in consultation with the commissioner of children, 
 39.5   families, and learning; the commissioner of human services; the 
 39.6   maternal and child health advisory task force under section 
 39.7   145.881; the Indian affairs council under section 3.922; the 
 39.8   council on affairs of Chicano/Latino people under section 
 39.9   3.9223; the council on Black Minnesotans under section 3.9225; 
 39.10  the council on Asian-Pacific Minnesotans under section 3.9226; 
 39.11  community health boards as defined in section 145A.02; tribal 
 39.12  governments; nonprofit community organizations; and others 
 39.13  interested in teen pregnancy prevention, shall develop and 
 39.14  implement a comprehensive, coordinated plan to reduce the number 
 39.15  of teen pregnancies. 
 39.16     Subd. 3.  [MEASURABLE OUTCOMES.] The commissioner, in 
 39.17  consultation with the commissioners and community partners 
 39.18  listed in subdivision 2, shall establish measurable outcomes to 
 39.19  achieve the goal specified in subdivision 1 and to determine the 
 39.20  effectiveness of the grants provided under this section in 
 39.21  reducing teen pregnancies.  The development of measurable 
 39.22  outcomes must be completed before any funds are distributed 
 39.23  under this section. 
 39.24     Subd. 4.  [STATEWIDE ASSESSMENT.] The commissioner shall 
 39.25  use and enhance current statewide assessments of teen pregnancy 
 39.26  risk behaviors and attitudes among youth to establish a baseline 
 39.27  to measure the statewide effect of teen pregnancy prevention 
 39.28  activities.  To the extent feasible, the commissioner shall 
 39.29  conduct the assessment so that the results may be compared to 
 39.30  national data. 
 39.31     Subd. 5.  [PROCESS.] The commissioner, in consultation with 
 39.32  the commissioners and community partners listed in subdivision 
 39.33  2, shall develop the criteria and procedures used to allocate 
 39.34  grants under this section.  In developing the criteria, the 
 39.35  commissioner shall establish an administrative cost limit for 
 39.36  grant recipients.  At the time a grant is awarded, the 
 40.1   commissioner must provide a grant recipient with information on 
 40.2   the outcomes established according to subdivision 3. 
 40.3      Subd. 6.  [TEEN PREGNANCY PREVENTION DISPARITY GRANTS.] (a) 
 40.4   The commissioner shall award competitive grants to eligible 
 40.5   applicants for projects to reduce disparities in unintended teen 
 40.6   pregnancy rates for American Indians and populations of color, 
 40.7   as compared with unintended teen pregnancy rates for whites. 
 40.8      (b) No funds awarded under this subdivision may be used for 
 40.9   medical services or family planning services or for services 
 40.10  that, directly or indirectly, encourage, counsel, refer, or 
 40.11  provide abortions or abortion referrals. 
 40.12     (c) Eligible applicants may include, but are not limited 
 40.13  to, nonprofit organizations, school districts, faith-based 
 40.14  organizations, community health boards, and tribal governments.  
 40.15  Applicants must submit proposals to the commissioner.  A 
 40.16  proposal must specify the strategies to be implemented and must 
 40.17  take into account the need for a coordinated, statewide teen 
 40.18  pregnancy prevention effort.  Strategies may include youth 
 40.19  development programs, after-school enrichment programs, youth 
 40.20  mentoring programs, academic support programs, and 
 40.21  abstinence-only education programs. 
 40.22     (d) The commissioner shall give priority to applicants who 
 40.23  demonstrate that their proposed project: 
 40.24     (1) is research-based or based on proven, effective 
 40.25  strategies; 
 40.26     (2) is designed to coordinate with related youth risk 
 40.27  behavior reduction activities; 
 40.28     (3) involves youth and parents in the project's development 
 40.29  and implementation; 
 40.30     (4) reflects racially and ethnically appropriate 
 40.31  approaches; and 
 40.32     (5) will be implemented through or with community-based 
 40.33  organizations that reflect the race or ethnicity of the 
 40.34  population to be reached. 
 40.35     Subd. 7.  [HIGH-RISK COMMUNITY TEEN PREGNANCY PREVENTION 
 40.36  GRANTS.] (a) The commissioner shall award grants to communities 
 41.1   that have significant risk factors for teen pregnancies, that 
 41.2   currently have in place youth development programs, and that are 
 41.3   interested in expanding existing efforts to prevent teen 
 41.4   pregnancies. 
 41.5      (b) No funds awarded under this subdivision may be used for 
 41.6   medical services or family planning services or for services 
 41.7   that, directly or indirectly, encourage, counsel, refer, or 
 41.8   provide abortions or abortion referrals. 
 41.9      (c) To be eligible for a grant under this subdivision, an 
 41.10  applicant must be a tribal government or a community health 
 41.11  board as defined in section 145A.02.  Applicants must submit 
 41.12  proposals to the commissioner.  A proposal must specify the 
 41.13  strategies to be implemented.  Strategies may include, but are 
 41.14  not limited to, youth development programs, youth mentoring 
 41.15  programs, academic support programs, and abstinence-only 
 41.16  education programs.  Applicants must demonstrate that a proposed 
 41.17  project: 
 41.18     (1) is research-based or based on proven, effective 
 41.19  strategies; 
 41.20     (2) is designed to coordinate with related youth risk 
 41.21  behavior reduction activities; 
 41.22     (3) involves youth and parents in the project's development 
 41.23  and implementation; 
 41.24     (4) reflects racially and ethnically appropriate 
 41.25  approaches; and 
 41.26     (5) will be implemented through or with community-based 
 41.27  organizations that reflect the race or ethnicity of the 
 41.28  population to be reached. 
 41.29     (d) Grants may be awarded to up to 15 community health 
 41.30  boards and three tribal governments based on areas having the 
 41.31  highest risk factors for teen pregnancies.  The commissioner 
 41.32  shall award grants based on the following risk factors: 
 41.33     (1) the proportion of teens in the applicant's service area 
 41.34  who are sexually active; 
 41.35     (2) the proportion of births to teens in the applicant's 
 41.36  service area; and 
 42.1      (3) the proportion of births to teens who are American 
 42.2   Indian or of a population of color in the applicant's service 
 42.3   area. 
 42.4      Subd. 8.  [ADOLESCENT PARENT GRANTS.] The commissioner 
 42.5   shall transfer funds to the commissioner of children, families, 
 42.6   and learning to increase the number of adolescent parent grants 
 42.7   currently provided by the commissioner of children, families, 
 42.8   and learning. 
 42.9      Subd. 9.  [COORDINATION.] The commissioner shall coordinate 
 42.10  the projects and initiatives funded under this section with 
 42.11  other efforts at the local, state, and national levels to avoid 
 42.12  duplication and promote complementary efforts. 
 42.13     Subd. 10.  [EVALUATION.] Using the outcome measures 
 42.14  established according to subdivision 3, the commissioner shall 
 42.15  conduct a biennial evaluation of the teen pregnancy prevention 
 42.16  initiatives in this section.  Grant recipients and the 
 42.17  commissioner of children, families, and learning shall cooperate 
 42.18  with the commissioner in the evaluation and shall provide the 
 42.19  commissioner with the information needed to conduct the 
 42.20  evaluation. 
 42.21     Subd. 11.  [REPORT.] By January 15, 2002, and January 15 of 
 42.22  each even-numbered year thereafter, the commissioner shall 
 42.23  submit a report to the legislature on the projects funded under 
 42.24  this section and the results of the biennial evaluation. 
 42.25     Sec. 40.  [145.9268] [COMMUNITY CLINIC GRANTS.] 
 42.26     Subdivision 1.  [DEFINITION.] For purposes of this section, 
 42.27  "eligible community clinic" means: 
 42.28     (1) a clinic that provides services under conditions as 
 42.29  defined in Minnesota Rules, part 9505.0255, and utilizes a 
 42.30  sliding fee scale to determine eligibility for charity care; 
 42.31     (2) an Indian tribal government or Indian health service 
 42.32  unit; or 
 42.33     (3) a consortium of clinics comprised of entities under 
 42.34  clause (1) or (2). 
 42.35     Subd. 2.  [GRANTS AUTHORIZED.] The commissioner of health 
 42.36  shall award grants to eligible community clinics to improve the 
 43.1   ongoing viability of Minnesota's clinic-based safety net 
 43.2   providers.  Grants shall be awarded to support the capacity of 
 43.3   eligible community clinics to serve low-income populations, 
 43.4   reduce current or future uncompensated care burdens, or provide 
 43.5   for improved care delivery infrastructure. 
 43.6      Subd. 3.  [ALLOCATION OF GRANTS.] (a) To receive a grant 
 43.7   under this section, an eligible community clinic must submit an 
 43.8   application to the commissioner of health by the deadline 
 43.9   established by the commissioner.  A grant may be awarded upon 
 43.10  the signing of a grant contract. 
 43.11     (b) An application must be on a form and contain 
 43.12  information as specified by the commissioner but at a minimum 
 43.13  must contain: 
 43.14     (1) a description of the project for which grant funds will 
 43.15  be used; 
 43.16     (2) a description of the problem the proposed project will 
 43.17  address; and 
 43.18     (3) a description of achievable objectives, a workplan, and 
 43.19  a timeline for project completion. 
 43.20     (c) The commissioner shall review each application to 
 43.21  determine whether the application is complete and whether the 
 43.22  applicant and the project are eligible for a grant.  In 
 43.23  evaluating applications according to paragraph (e), the 
 43.24  commissioner shall establish criteria including, but not limited 
 43.25  to:  the priority level of the project; the applicant's 
 43.26  thoroughness and clarity in describing the problem; a 
 43.27  description of the applicant's proposed project; the manner in 
 43.28  which the applicant will demonstrate the effectiveness of the 
 43.29  project; and evidence of efficiencies and effectiveness gained 
 43.30  through collaborative efforts.  The commissioner may also take 
 43.31  into account other relevant factors, including, but not limited 
 43.32  to, the percentage for which uninsured patients represent the 
 43.33  applicant's patient base.  During application review, the 
 43.34  commissioner may request additional information about a proposed 
 43.35  project, including information on project cost.  Failure to 
 43.36  provide the information requested disqualifies an applicant. 
 44.1      (d) A grant awarded to an eligible community clinic may not 
 44.2   exceed $300,000 per eligible community clinic.  For an applicant 
 44.3   applying as a consortium of clinics, a grant may not exceed 
 44.4   $300,000 per clinic included in the consortium.  The 
 44.5   commissioner has discretion over the number of grants awarded. 
 44.6      (e) In determining which eligible community clinics will 
 44.7   receive grants under this section, the commissioner shall give 
 44.8   preference to those grant applications that show evidence of 
 44.9   collaboration with other eligible community clinics, hospitals, 
 44.10  health care providers, or community organizations.  In addition, 
 44.11  the commissioner shall give priority, in declining order, to 
 44.12  grant applications for projects that: 
 44.13     (1) establish, update, or improve information, data 
 44.14  collection, or billing systems; 
 44.15     (2) procure, modernize, remodel, or replace equipment used 
 44.16  an the delivery of direct patient care at a clinic; 
 44.17     (3) provide improvements for care delivery, such as 
 44.18  increased translation and interpretation services; 
 44.19     (4) provide a direct offset to expenses incurred for 
 44.20  charity care services; or 
 44.21     (5) other projects determined by the commissioner to 
 44.22  improve the ability of applicants to provide care to the 
 44.23  vulnerable populations they serve. 
 44.24     Subd. 4.  [EVALUATION.] The commissioner of health shall 
 44.25  evaluate the overall effectiveness of the grant program.  The 
 44.26  commissioner shall collect progress reports to evaluate the 
 44.27  grant program from the eligible community clinics receiving 
 44.28  grants. 
 44.29     Sec. 41.  [145.928] [ELIMINATING HEALTH DISPARITIES.] 
 44.30     Subdivision 1.  [GOAL.] It is the goal of the state, by 
 44.31  2010, to decrease by 50 percent the disparities in infant 
 44.32  mortality rates and adult and child immunization rates for 
 44.33  American Indians and populations of color, as compared with 
 44.34  rates for whites.  To do so, the commissioner of health shall 
 44.35  establish a program to close the gap in the health status of 
 44.36  American Indians and populations of color as compared with 
 45.1   whites.  If this goal of reducing disparities in infant 
 45.2   mortality rates and adult and child immunization rates is not 
 45.3   met by December 31, 2010, this section expires June 30, 2011. 
 45.4      Subd. 2.  [STATE-COMMUNITY PARTNERSHIPS; PLAN.] The 
 45.5   commissioner, in partnership with culturally-based community 
 45.6   organizations; the Indian affairs council under section 3.922; 
 45.7   the council on affairs of Chicano/Latino people under section 
 45.8   3.9223; the council on Black Minnesotans under section 3.9225; 
 45.9   the council on Asian-Pacific Minnesotans under section 3.9226; 
 45.10  community health boards as defined in section 145A.02; and 
 45.11  tribal governments, shall develop and implement a comprehensive, 
 45.12  coordinated plan to reduce health disparities in infant 
 45.13  mortality and adult and child immunization rates. 
 45.14     Subd. 3.  [MEASURABLE OUTCOMES.] The commissioner, in 
 45.15  consultation with the community partners listed in subdivision 
 45.16  2, shall establish measurable outcomes to achieve the goal 
 45.17  specified in subdivision 1 and to determine the effectiveness of 
 45.18  the grants and other activities funded under this section in 
 45.19  reducing health disparities.  The development of measurable 
 45.20  outcomes must be completed before any funds are distributed 
 45.21  under this section. 
 45.22     Subd. 4.  [STATEWIDE ASSESSMENT.] The commissioner shall 
 45.23  enhance current data tools to ensure a statewide assessment of 
 45.24  the risk behaviors associated with infant mortality and low 
 45.25  adult and child immunization rates.  The statewide assessment 
 45.26  must be used to establish a baseline to measure the effect of 
 45.27  activities funded under this section.  To the extent feasible, 
 45.28  the commissioner shall conduct the assessment so that the 
 45.29  results may be compared to national data. 
 45.30     Subd. 5.  [TECHNICAL ASSISTANCE.] The commissioner shall 
 45.31  provide the necessary expertise to entities applying for grants 
 45.32  to ensure that submitted proposals are likely to be successful 
 45.33  in reducing the health disparities identified in subdivision 1.  
 45.34  The commissioner shall provide grantees with guidance and 
 45.35  training on best or most promising strategies to use to reduce 
 45.36  the health disparities identified in subdivision 1.  The 
 46.1   commissioner shall also assist grant recipients in the 
 46.2   development of materials and procedures to evaluate local 
 46.3   community activities. 
 46.4      Subd. 6.  [PROCESS.] (a) The commissioner, in consultation 
 46.5   with the community partners listed in subdivision 2, shall 
 46.6   develop the criteria and procedures used to allocate grants 
 46.7   under this section.  In developing the criteria, the 
 46.8   commissioner shall establish an administrative cost limit for 
 46.9   grant recipients.  At the time a grant is awarded, the 
 46.10  commissioner must provide a grant recipient with information on 
 46.11  the outcomes established according to subdivision 3. 
 46.12     (b) A grant recipient must coordinate its activities to 
 46.13  reduce health disparities with other entities receiving funds 
 46.14  under this section that are in the grant recipient's service 
 46.15  area. 
 46.16     Subd. 7.  [COMMUNITY GRANT PROGRAM.] (a) The commissioner 
 46.17  shall award grants to eligible applicants for local or regional 
 46.18  projects and initiatives directed at reducing health 
 46.19  disparities.  Grant proposals must address one or both of the 
 46.20  following priority areas: 
 46.21     (1) decreasing racial and ethnic disparities in infant 
 46.22  mortality rates; or 
 46.23     (2) increasing adult and child immunization rates in 
 46.24  nonwhite racial and ethnic populations. 
 46.25     (b) The commissioner may award up to 20 percent of the 
 46.26  funds available as planning grants.  Planning grants must be 
 46.27  used to address such areas as community assessment, coordination 
 46.28  activities, and development of community supported strategies. 
 46.29     (c) Eligible applicants may include, but are not limited 
 46.30  to, faith-based organizations, social service organizations, 
 46.31  community nonprofit organizations, community health boards, 
 46.32  tribal governments, and community clinics.  Applicants must 
 46.33  submit proposals to the commissioner.  A proposal must specify 
 46.34  the strategies to be implemented to address one or both of the 
 46.35  priority areas listed in paragraph (a) and must be targeted to 
 46.36  achieve the outcomes established according to subdivision 3. 
 47.1      (d) The commissioner shall give priority to applicants who 
 47.2   demonstrate that their proposed project or initiative: 
 47.3      (1) is supported by the community the applicant will serve; 
 47.4      (2) is research-based or based on promising strategies; 
 47.5      (3) is designed to complement other related community 
 47.6   activities; 
 47.7      (4) utilizes strategies that positively impact both 
 47.8   priority areas; 
 47.9      (5) reflects racially and ethnically appropriate 
 47.10  approaches; and 
 47.11     (6) will be implemented through or with community-based 
 47.12  organizations that reflect the race or ethnicity of the 
 47.13  population to be reached. 
 47.14     Subd. 8.  [REFUGEE AND IMMIGRANT HEALTH.] The commissioner 
 47.15  shall distribute funds to community health boards for health 
 47.16  screening and follow-up services for foreign-born persons.  
 47.17  Funds shall be distributed based on a formula established by the 
 47.18  commissioner, using the following criteria: 
 47.19     (1) the number of foreign-born persons in the community 
 47.20  health board's service area; 
 47.21     (2) the number of persons in the community health board's 
 47.22  service area whose income is at or below 200 percent of federal 
 47.23  poverty guidelines; and 
 47.24     (3) other relevant criteria determined by the commissioner. 
 47.25     Subd. 9.  [COORDINATION.] The commissioner shall coordinate 
 47.26  the projects and initiatives funded under this section with 
 47.27  other efforts at the local, state, or national level to avoid 
 47.28  duplication and promote complementary efforts. 
 47.29     Subd. 10.  [EVALUATION.] Using the outcome measures 
 47.30  established according to subdivision 3, the commissioner shall 
 47.31  conduct a biennial evaluation of the community grant program 
 47.32  under subdivision 7.  Grant recipients shall cooperate with the 
 47.33  commissioner in the evaluation and shall provide the 
 47.34  commissioner with the information needed to conduct the 
 47.35  evaluation. 
 47.36     Subd. 11.  [REPORT.] By January 15, 2002, and January 15 of 
 48.1   each even-numbered year thereafter, the commissioner shall 
 48.2   submit a report to the legislature on the local community 
 48.3   projects and community health board activities funded under this 
 48.4   section.  The report must include information on grant 
 48.5   recipients, activities conducted using grant funds, and 
 48.6   evaluation data and outcome measures if available. 
 48.7      Sec. 42.  Minnesota Statutes 2000, section 145A.15, 
 48.8   subdivision 1, is amended to read: 
 48.9      Subdivision 1.  [ESTABLISHMENT.] The commissioner of health 
 48.10  shall expand the current grant program to fund additional 
 48.11  projects designed to prevent child abuse and neglect and reduce 
 48.12  juvenile delinquency by promoting positive parenting, resiliency 
 48.13  in children, and a healthy beginning for children by providing 
 48.14  early intervention services for families in need.  Programs 
 48.15  funded under this section shall serve only those families who 
 48.16  are not eligible for home visiting services from a program 
 48.17  funded under section 145A.16.  Grant dollars shall be available 
 48.18  to train paraprofessionals to provide in-home intervention 
 48.19  services and to allow public health nurses to do case management 
 48.20  of services.  The grant program shall provide early intervention 
 48.21  services for families in need and will include: 
 48.22     (1) expansion of current public health nurse and family 
 48.23  aide home visiting programs and public health home visiting 
 48.24  projects which prevent child abuse and neglect, prevent juvenile 
 48.25  delinquency, and build resiliency in children; 
 48.26     (2) early intervention to promote a healthy and nurturing 
 48.27  beginning; 
 48.28     (3) distribution of educational and public information 
 48.29  programs and materials in hospital maternity divisions, 
 48.30  well-baby clinics, obstetrical clinics, and community clinics; 
 48.31  and 
 48.32     (4) training of home visitors in skills necessary for 
 48.33  comprehensive home visiting which promotes a healthy and 
 48.34  nurturing beginning for the child. 
 48.35     Sec. 43.  Minnesota Statutes 2000, section 145A.16, 
 48.36  subdivision 1, is amended to read: 
 49.1      Subdivision 1.  [ESTABLISHMENT.] The commissioner shall 
 49.2   establish a grant program to fund universally offered home 
 49.3   visiting programs designed to serve all live births in 
 49.4   designated geographic areas to families at or below 200 percent 
 49.5   of the federal poverty guidelines.  The commissioner shall 
 49.6   designate the geographic area to be served by each program.  At 
 49.7   least one program must provide home visiting services to 
 49.8   families within the seven-county metropolitan area, and at least 
 49.9   one program must provide home visiting services to families 
 49.10  outside the metropolitan area.  The purpose of the program is to 
 49.11  strengthen families and to promote positive parenting and 
 49.12  healthy child development.  
 49.13     Sec. 44.  Minnesota Statutes 2000, section 145A.16, 
 49.14  subdivision 3, is amended to read: 
 49.15     Subd. 3.  [PROGRAM REQUIREMENTS.] The commissioner 
 49.16  shall award grants using a request for proposal system.  
 49.17  Existing home visiting programs or a family services 
 49.18  collaborative established under section 256F.13 may apply for 
 49.19  the grants distribute funds to county boards according to the 
 49.20  formula in section 256J.625, subdivision 3, to be used by county 
 49.21  public health boards to serve families at or below 200 percent 
 49.22  of the federal poverty guidelines.  Health information and 
 49.23  assessment, counseling, social support, educational services, 
 49.24  and referral to community resources must be offered to all 
 49.25  families, regardless of need or risk who are eligible for home 
 49.26  visiting services under subdivision 1, beginning prenatally or 
 49.27  as soon after birth as possible, and continuing as needed.  Each 
 49.28  program applying for a grant must have access to adequate 
 49.29  community resources to complement the home visiting services and 
 49.30  that receives funds must be designed to: 
 49.31     (1) identify all newborn infants born to eligible families 
 49.32  within the geographic area served by the program.  
 49.33  Identification may be made prenatally or at the time of birth; 
 49.34     (2) offer a home visit by a trained home visitor.  The 
 49.35  offer of a home visit must be made in a way that guarantees that 
 49.36  the existence of the pregnancy is not revealed to any other 
 50.1   individual without the written consent of the pregnant female.  
 50.2   If home visiting is accepted, the first visit must occur 
 50.3   prenatally or as soon after birth as possible and must include a 
 50.4   public health nursing assessment by a public health nurse; 
 50.5      (3) offer, at a minimum, information on infant care, child 
 50.6   growth and development, positive parenting, the prevention of 
 50.7   disease and exposure to environmental hazards, and support 
 50.8   services available in the community; 
 50.9      (4) provide information on and referral to health care 
 50.10  services, if needed, including information on health care 
 50.11  coverage for which the individual or family may be eligible and 
 50.12  information on family planning, pediatric preventive services, 
 50.13  immunizations, and developmental assessments, and information on 
 50.14  the availability of public assistance programs as appropriate; 
 50.15     (5) recruit home visit workers who will represent, to the 
 50.16  extent possible, all the races, cultures, and languages spoken 
 50.17  by eligible families in the designated geographic areas; and 
 50.18     (6) train and supervise home visitors in accordance with 
 50.19  the requirements established under subdivision 5. 
 50.20     Sec. 45. Minnesota Statutes 2000, section 145A.16, 
 50.21  subdivision 6, is amended to read: 
 50.22     Subd. 6.  [EVALUATION.] (a) The commissioner shall evaluate 
 50.23  the effectiveness of the home visiting programs, taking into 
 50.24  consideration the following goals:  
 50.25     (1) appropriate child growth, development, and access to 
 50.26  health care; 
 50.27     (2) appropriate utilization of preventive health care and 
 50.28  medical care for acute illnesses; 
 50.29     (3) lower rates of substantiated child abuse and neglect; 
 50.30     (4) up-to-date immunizations; 
 50.31     (5) a reduction in unintended pregnancies; 
 50.32     (6) increasing families' understanding of lead poisoning 
 50.33  prevention; 
 50.34     (7) lower rates of unintentional injuries; and 
 50.35     (8) fewer hospitalizations and emergency room visits.  
 50.36     (b) The commissioner shall compare overall outcomes of 
 51.1   universally offered home visiting programs for infant care with 
 51.2   targeted home visiting programs and report the findings to the 
 51.3   legislature.  The report must also include information on how 
 51.4   home visiting programs will coordinate activities and preventive 
 51.5   services provided by health plans and other organizations. 
 51.6      (c) The commissioner shall report to the legislature by 
 51.7   February 15, 1998, on the comprehensive plan for the universally 
 51.8   offered home visiting programs and recommend any draft 
 51.9   legislation needed to implement the plan.  The commissioner 
 51.10  shall report to the legislature biennially beginning December 
 51.11  15, 2001, on the effectiveness of the universally offered home 
 51.12  visiting programs.  In the report due December 15, 2001, the 
 51.13  commissioner shall include recommendations on the feasibility 
 51.14  and cost of expanding the program statewide.  
 51.15     Sec. 46.  Minnesota Statutes 2000, section 157.16, 
 51.16  subdivision 3, is amended to read: 
 51.17     Subd. 3.  [ESTABLISHMENT FEES; DEFINITIONS.] (a) The 
 51.18  following fees are required for food and beverage service 
 51.19  establishments, hotels, motels, lodging establishments, and 
 51.20  resorts licensed under this chapter.  Food and beverage service 
 51.21  establishments must pay the highest applicable fee under 
 51.22  paragraph (e), clause (1), (2), (3), or (4), and establishments 
 51.23  serving alcohol must pay the highest applicable fee under 
 51.24  paragraph (e), clause (6) or (7).  The license fee for new 
 51.25  operators previously licensed under this chapter for the same 
 51.26  calendar year is one-half of the appropriate annual license fee, 
 51.27  plus any penalty that may be required.  The license fee for 
 51.28  operators opening on or after October 1 is one-half of the 
 51.29  appropriate annual license fee, plus any penalty that may be 
 51.30  required. 
 51.31     (b) All food and beverage service establishments, except 
 51.32  special event food stands, and all hotels, motels, lodging 
 51.33  establishments, and resorts shall pay an annual base fee of 
 51.34  $100 $145. 
 51.35     (c) A special event food stand shall pay a flat fee 
 51.36  of $30 $35 annually.  "Special event food stand" means a fee 
 52.1   category where food is prepared or served in conjunction with 
 52.2   celebrations, county fairs, or special events from a special 
 52.3   event food stand as defined in section 157.15. 
 52.4      (d) In addition to the base fee in paragraph (b), each food 
 52.5   and beverage service establishment, other than a special event 
 52.6   food stand, and each hotel, motel, lodging establishment, and 
 52.7   resort shall pay an additional annual fee for each fee category 
 52.8   as specified in this paragraph: 
 52.9      (1) Limited food menu selection, $30 $40.  "Limited food 
 52.10  menu selection" means a fee category that provides one or more 
 52.11  of the following: 
 52.12     (i) prepackaged food that receives heat treatment and is 
 52.13  served in the package; 
 52.14     (ii) frozen pizza that is heated and served; 
 52.15     (iii) a continental breakfast such as rolls, coffee, juice, 
 52.16  milk, and cold cereal; 
 52.17     (iv) soft drinks, coffee, or nonalcoholic beverages; or 
 52.18     (v) cleaning for eating, drinking, or cooking utensils, 
 52.19  when the only food served is prepared off site. 
 52.20     (2) Small establishment, including boarding establishments, 
 52.21  $55 $75.  "Small establishment" means a fee category that has no 
 52.22  salad bar and meets one or more of the following: 
 52.23     (i) possesses food service equipment that consists of no 
 52.24  more than a deep fat fryer, a grill, two hot holding containers, 
 52.25  and one or more microwave ovens; 
 52.26     (ii) serves dipped ice cream or soft serve frozen desserts; 
 52.27     (iii) serves breakfast in an owner-occupied bed and 
 52.28  breakfast establishment; 
 52.29     (iv) is a boarding establishment; or 
 52.30     (v) meets the equipment criteria in clause (3), item (i) or 
 52.31  (ii), and has a maximum patron seating capacity of not more than 
 52.32  50.  
 52.33     (3) Medium establishment, $150 $210.  "Medium establishment"
 52.34  means a fee category that meets one or more of the following: 
 52.35     (i) possesses food service equipment that includes a range, 
 52.36  oven, steam table, salad bar, or salad preparation area; 
 53.1      (ii) possesses food service equipment that includes more 
 53.2   than one deep fat fryer, one grill, or two hot holding 
 53.3   containers; or 
 53.4      (iii) is an establishment where food is prepared at one 
 53.5   location and served at one or more separate locations. 
 53.6      Establishments meeting criteria in clause (2), item (v), 
 53.7   are not included in this fee category.  
 53.8      (4) Large establishment, $250 $350.  "Large establishment" 
 53.9   means either: 
 53.10     (i) a fee category that (A) meets the criteria in clause 
 53.11  (3), items (i) or (ii), for a medium establishment, (B) seats 
 53.12  more than 175 people, and (C) offers the full menu selection an 
 53.13  average of five or more days a week during the weeks of 
 53.14  operation; or 
 53.15     (ii) a fee category that (A) meets the criteria in clause 
 53.16  (3), item (iii), for a medium establishment, and (B) prepares 
 53.17  and serves 500 or more meals per day. 
 53.18     (5) Other food and beverage service, including food carts, 
 53.19  mobile food units, seasonal temporary food stands, and seasonal 
 53.20  permanent food stands, $30 $40. 
 53.21     (6) Beer or wine table service, $30 $40.  "Beer or wine 
 53.22  table service" means a fee category where the only alcoholic 
 53.23  beverage service is beer or wine, served to customers seated at 
 53.24  tables. 
 53.25     (7) Alcoholic beverage service, other than beer or wine 
 53.26  table service, $75 $105. 
 53.27     "Alcohol beverage service, other than beer or wine table 
 53.28  service" means a fee category where alcoholic mixed drinks are 
 53.29  served or where beer or wine are served from a bar. 
 53.30     (8) Lodging per sleeping accommodation unit, $4 $6, 
 53.31  including hotels, motels, lodging establishments, and resorts, 
 53.32  up to a maximum of $400 $600.  "Lodging per sleeping 
 53.33  accommodation unit" means a fee category including the number of 
 53.34  guest rooms, cottages, or other rental units of a hotel, motel, 
 53.35  lodging establishment, or resort; or the number of beds in a 
 53.36  dormitory. 
 54.1      (9) First public swimming pool, $100 $140; each additional 
 54.2   public swimming pool, $50 $80.  "Public swimming pool" means a 
 54.3   fee category that has the meaning given in Minnesota Rules, part 
 54.4   4717.0250, subpart 8. 
 54.5      (10) First spa, $50 $80; each additional spa, $25 $40.  
 54.6   "Spa pool" means a fee category that has the meaning given in 
 54.7   Minnesota Rules, part 4717.0250, subpart 9. 
 54.8      (11) Private sewer or water, $30 $40.  "Individual private 
 54.9   water" means a fee category with a water supply other than a 
 54.10  community public water supply as defined in Minnesota Rules, 
 54.11  chapter 4720.  "Individual private sewer" means a fee category 
 54.12  with an individual sewage treatment system which uses subsurface 
 54.13  treatment and disposal. 
 54.14     (e) A fee is not required for a food and beverage service 
 54.15  establishment operated by a school as defined in sections 
 54.16  120A.05, subdivisions 9, 11, 13, and 17 and 120A.22. 
 54.17     (f) A fee of $150 for review of the construction plans must 
 54.18  accompany the initial license application for food and beverage 
 54.19  service establishments, hotels, motels, lodging establishments, 
 54.20  or resorts. 
 54.21     (g) (f) When existing food and beverage service 
 54.22  establishments, hotels, motels, lodging establishments, or 
 54.23  resorts are extensively remodeled, a fee of $150 must be 
 54.24  submitted with the remodeling plans. 
 54.25     (h) (g) Seasonal temporary food stands and special event 
 54.26  food stands are not required to submit construction or 
 54.27  remodeling plans for review. 
 54.28     Sec. 47.  Minnesota Statutes 2000, section 157.22, is 
 54.29  amended to read: 
 54.30     157.22 [EXEMPTIONS.] 
 54.31     This chapter shall not be construed to apply to: 
 54.32     (1) interstate carriers under the supervision of the United 
 54.33  States Department of Health and Human Services; 
 54.34     (2) any building constructed and primarily used for 
 54.35  religious worship; 
 54.36     (3) any building owned, operated, and used by a college or 
 55.1   university in accordance with health regulations promulgated by 
 55.2   the college or university under chapter 14; 
 55.3      (4) any person, firm, or corporation whose principal mode 
 55.4   of business is licensed under sections 28A.04 and 28A.05, is 
 55.5   exempt at that premises from licensure as a food or beverage 
 55.6   establishment; provided that the holding of any license pursuant 
 55.7   to sections 28A.04 and 28A.05 shall not exempt any person, firm, 
 55.8   or corporation from the applicable provisions of this chapter or 
 55.9   the rules of the state commissioner of health relating to food 
 55.10  and beverage service establishments; 
 55.11     (5) family day care homes and group family day care homes 
 55.12  governed by sections 245A.01 to 245A.16; 
 55.13     (6) nonprofit senior citizen centers for the sale of 
 55.14  home-baked goods; and 
 55.15     (7) food not prepared at an establishment and brought in by 
 55.16  individuals attending a potluck event for consumption at the 
 55.17  potluck event.  An organization sponsoring a potluck event under 
 55.18  this clause may advertise the potluck event to the public 
 55.19  through any means.  Individuals who are not members of an 
 55.20  organization sponsoring a potluck event under this clause may 
 55.21  attend the potluck event and consume the food at the event.  
 55.22  Licensed food establishments cannot be sponsors of potluck 
 55.23  events.  Potluck event food shall not be brought into a licensed 
 55.24  food establishment kitchen; and 
 55.25     (8) a home school in which a child is provided instruction 
 55.26  at home. 
 55.27     Sec. 48.  [REPEALER.] 
 55.28     Minnesota Statutes 2000, sections 145.882, subdivisions 3 
 55.29  and 4; 145.927; and 145A.16, subdivision 2, are repealed.