1.1A bill for an act
1.2relating to state government finance; increasing the debt ceiling for new bonds or
1.3notes for Housing Finance Agency; changing provisions for public swimming
1.4pools; banning bisphenol-A and phthalates in children's products; limiting
1.5replacement chemicals; requiring the Department of Health to abolish certain
1.6positions; requiring consolidation of positive abortion alternatives program
1.7and woman's right to know program; changing adoption records provisions;
1.8appropriating money for foodshelf programs and homeless supportive services;
1.9making reductions in certain areas;amending Minnesota Statutes 2006, sections
1.1013.465, subdivision 8; 144.1222, subdivision 1a, by adding subdivisions;
1.11144.218, subdivision 1; 144.225, subdivision 2; 144.2252; 144.226, subdivision
1.121; 157.16, as amended; 259.89, subdivision 1; 260C.317, subdivision 4; 462A.22,
1.13subdivision 1; Laws 2007, chapter 147, article 19, section 3, subdivision 4;
1.14proposing coding for new law in Minnesota Statutes, chapters 144; 325F;
1.15repealing Minnesota Statutes 2006, sections 259.83, subdivision 3; 259.89,
1.16subdivisions 2, 3, 4, 5.
1.17BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.18
ARTICLE 1
1.19
HOUSING
1.20 Section 1. Minnesota Statutes 2006, section 462A.22, subdivision 1, is amended to
1.21read:
1.22 Subdivision 1.
Debt ceiling. The aggregate principal amount of bonds and notes
1.23which are outstanding at any time, excluding the principal amount of any bonds and
1.24notes refunded by the issuance of new bonds or notes, shall not exceed the sum of
1.25$3,000,000,000
new text begin $5,000,000,000new text end .
2.1
ARTICLE 2
2.2
PUBLIC HEALTH
2.3
Section 1. new text begin SUMMARY OF APPROPRIATIONS.new text end
2.4
new text begin The amounts shown in this section summarize direct appropriations by fund made new text end
2.5
new text begin in this article.new text end
2.6
new text begin 2008new text end
new text begin 2009new text end
new text begin Totalnew text end
2.7
new text begin Generalnew text end
new text begin $new text end
new text begin $new text end
new text begin (3,550,000)new text end
new text begin $new text end
new text begin (3,550,000)new text end
2.8
new text begin State Government Specialnew text end
2.9
new text begin Revenuenew text end
new text begin 114,000new text end
new text begin 833,000new text end
new text begin 947,000new text end
2.10
new text begin Totalnew text end
new text begin $new text end
new text begin 114,000new text end
new text begin $new text end
new text begin (2,717,000)new text end
new text begin $new text end
new text begin (2,603,000)new text end
2.11
Sec. 2. new text begin HEALTH APPROPRIATION.new text end
2.12
new text begin The sums shown in the columns marked "Appropriations" are added to or, if shown new text end
2.13
new text begin in parentheses, subtracted from the appropriations in Laws 2007, chapter 147, or other new text end
2.14
new text begin law to the agencies and for the purposes specified in this article. The appropriations new text end
2.15
new text begin are from the general fund, or another named fund, and are available for the fiscal years new text end
2.16
new text begin indicated for each purpose. The figures "2008" and "2009" used in this article mean new text end
2.17
new text begin that the addition or subtraction from appropriations listed under them are available for new text end
2.18
new text begin the fiscal year ending June 30, 2008, or June 30, 2009, respectively. "The first year" is new text end
2.19
new text begin fiscal year 2008. "The second year" is fiscal year 2009. "The biennium" is fiscal years new text end
2.20
new text begin 2008 and 2009. Supplemental appropriations and reductions for the fiscal year ending new text end
2.21
new text begin June 30, 2008, are effective the day following final enactment.new text end
2.22
new text begin APPROPRIATIONSnew text end
2.23
new text begin Available for the Yearnew text end
2.24
new text begin Ending June 30new text end
2.25
new text begin 2008new text end
new text begin 2009new text end
2.26
Sec. 3. new text begin COMMISSIONER OF HEALTHnew text end
2.27
new text begin Subdivision 1.new text end new text begin Total Appropriationnew text end
new text begin $new text end
new text begin $new text end
new text begin (2,917,000)new text end
2.28
new text begin Appropriations by Fundnew text end
2.29
new text begin 2008new text end
new text begin 2009new text end
2.30
new text begin Generalnew text end
new text begin (3,550,000)new text end
2.31
2.32
new text begin State Government new text end
new text begin Special Revenuenew text end
new text begin 633,000new text end
2.33
new text begin Subd. 2.new text end new text begin Community and Family Healthnew text end
new text begin (1,900,000)new text end
2.34
new text begin Positive Alternatives. new text end new text begin The appropriation for new text end
2.35
new text begin the positive abortion alternatives program, new text end
3.1
new text begin under Minnesota Statutes, section 145.4235, new text end
3.2
new text begin is reduced by $1,900,000 in the second new text end
3.3
new text begin year. Base level funding for this program new text end
3.4
new text begin is reduced by $1,900,000 each year of the new text end
3.5
new text begin biennium beginning July 1, 2009.new text end
3.6
new text begin Subd. 3.new text end new text begin Health Protectionnew text end
new text begin 633,000new text end
3.7
new text begin Base Adjustment.new text end new text begin The state government new text end
3.8
new text begin special revenue fund base is increased new text end
3.9
new text begin $633,000 in fiscal year 2009 and $722,000 in new text end
3.10
new text begin fiscal years 2010 and 2011.new text end
3.11
new text begin Subd. 4.new text end new text begin Administrative Support Servicesnew text end
new text begin (1,650,000)new text end
3.12
new text begin Base Adjustment.new text end new text begin The general fund base is new text end
3.13
new text begin reduced $1,650,000 in fiscal year 2009 and new text end
3.14
new text begin $1,581,000 in fiscal years 2010 and 2011.new text end
3.15
new text begin Operating Budget. new text end new text begin The Department of new text end
3.16
new text begin Health must implement this reduction in new text end
3.17
new text begin a manner that does not result in the loss new text end
3.18
new text begin of federal funds. All budget reductions new text end
3.19
new text begin must be made with an emphasis on cutting new text end
3.20
new text begin administrative and overhead expenses, new text end
3.21
new text begin including, but not limited to, outstate travel, new text end
3.22
new text begin instate travel, compensation, and supplies new text end
3.23
new text begin with as little impact as possible on programs new text end
3.24
new text begin and services.new text end
3.25
Sec. 4. new text begin HEALTH-RELATED BOARDS.new text end
3.26
new text begin Subdivision 1.new text end new text begin Total Appropriation new text end
3.27
3.28
new text begin State Government Special new text end
new text begin Revenuenew text end
new text begin $new text end
new text begin 114,000new text end
new text begin $new text end
new text begin 200,000new text end
3.29
3.30
new text begin Subd. 2.new text end new text begin Board of Nursing Home new text end
new text begin Administratorsnew text end
3.31
new text begin State Government Special Revenuenew text end
new text begin 100,000new text end
new text begin 200,000new text end
3.32
new text begin Administrative Services Unit.new text end new text begin The amounts new text end
3.33
new text begin appropriated are for the administrative new text end
3.34
new text begin services unit to pay for costs of contested new text end
4.1
new text begin case hearings and other unanticipated costs new text end
4.2
new text begin of legal proceedings involving health-related new text end
4.3
new text begin boards funded under Laws 2007, chapter new text end
4.4
new text begin 147, article 19, section 6. Upon certification new text end
4.5
new text begin of a health-related board to the administrative new text end
4.6
new text begin services unit that such costs will be new text end
4.7
new text begin incurred and that there are insufficient new text end
4.8
new text begin funds available to pay for such costs out of new text end
4.9
new text begin funds currently available to that board, the new text end
4.10
new text begin administrative services unit is authorized new text end
4.11
new text begin to transfer funds from this appropriation new text end
4.12
new text begin to the board for payment of those costs new text end
4.13
new text begin with the approval of the commissioner of new text end
4.14
new text begin finance. This appropriation shall not cancel. new text end
4.15
new text begin Any unencumbered and unspent balances new text end
4.16
new text begin remain available for these expenditures in new text end
4.17
new text begin subsequent fiscal years.new text end
4.18
4.19
new text begin Subd. 3.new text end new text begin Board of Marriage and Family new text end
new text begin Therapynew text end
4.20
new text begin State Government Special Revenuenew text end
new text begin 14,000new text end
4.21 Sec. 5. Minnesota Statutes 2006, section 144.1222, subdivision 1a, is amended to read:
4.22 Subd. 1a.
Fees. All plans and specifications for public swimming pool and spa
4.23construction, installation, or alteration or requests for a variance that are submitted to the
4.24commissioner according to Minnesota Rules, part 4717.3975, shall be accompanied by the
4.25appropriate fees.
new text begin All public pool construction plans submitted for review after January 1, new text end
4.26
new text begin 2009, must be certified by a professional engineer registered in the state of Minnesota.new text end
4.27If the commissioner determines, upon review of the plans, that inadequate fees were
4.28paid, the necessary additional fees shall be paid before plan approval. For purposes of
4.29determining fees, a project is defined as a proposal to construct or install a public pool,
4.30spa, special purpose pool, or wading pool and all associated water treatment equipment
4.31and drains, gutters, decks, water recreation features, spray pads, and those design and
4.32safety features that are within five feet of any pool or spa. The commissioner shall charge
4.33the following fees for plan review and inspection of public pools and spas and for requests
4.34for variance from the public pool and spa rules:
4.35 (1) each spa pool, $500
new text begin $800new text end ;
5.1 (2) projects valued at $250,000 or less, a minimum of $800 per pool plus:
new text begin each new text end
5.2
new text begin spa pool, $500;new text end
5.3 (i)
new text begin (3)new text end for each slide, an additional $400; and
5.4 (ii) for each spa pool, an additional $500;
5.5 (3)
new text begin (4)new text end projects valued at $250,000 or more,
new text begin the greater of the sum of the fees in new text end
5.6
new text begin clauses (1), (2), and (3) ornew text end 0.5 percent of
new text begin the new text end documented estimated project cost to a
5.7maximum fee of $10,000;
5.8 (4)
new text begin (5)new text end alterations to an existing pool without changing the size or configuration
5.9of the pool, $400;
5.10 (5)
new text begin (6)new text end removal or replacement of pool disinfection equipment only, $75; and
5.11 (6)
new text begin (7)new text end request for variance from the public pool and spa rules, $500.
5.12 Sec. 6. Minnesota Statutes 2006, section 144.1222, is amended by adding a subdivision
5.13to read:
5.14
new text begin Subd. 1b.new text end new text begin Public pool construction.new text end new text begin For all public pools constructed after January new text end
5.15
new text begin 1, 2009, without a gravity outlet or drain, each pump must be connected to at least two new text end
5.16
new text begin suction outlets, connected in parallel with suction outlet covers that meet ASME/ANSI new text end
5.17
new text begin standards.new text end
5.18 Sec. 7. Minnesota Statutes 2006, section 144.1222, is amended by adding a subdivision
5.19to read:
5.20
new text begin Subd. 1c.new text end new text begin Public pools; required equipment.new text end new text begin (a) Beginning January 1, 2010, all new text end
5.21
new text begin public pools with the deepest water being less than four feet deep must have either: new text end
5.22
new text begin (1) an unblockable suction outlet or drain;new text end
5.23
new text begin (2) at least two suction outlets, connected in parallel with suction outlet covers that new text end
5.24
new text begin meet ASME/ANSI standards; ornew text end
5.25
new text begin (3) a gravity outlet or drain.new text end
5.26
new text begin (b) Beginning January 1, 2011, all other existing public pools must have either: new text end
5.27
new text begin (1) an unblockable suction outlet or drain;new text end
5.28
new text begin (2) at least two suction outlets, connected in parallel with suction outlet covers that new text end
5.29
new text begin meet ASME/ANSI standards; ornew text end
5.30
new text begin (3) a gravity outlet or drain.new text end
5.31
new text begin (c) By June 1, 2008, all drain covers and grates must be installed with screws that new text end
5.32
new text begin meet the manufacturer's specifications.new text end
5.33
new text begin (d) By July 1, 2008, and annually thereafter, all public pool owners must certify to new text end
5.34
new text begin the commissioner on a form prescribed by the commissioner that:new text end
6.1
new text begin (1) all outlets except for unblockable drains and gravity drains are equipped with new text end
6.2
new text begin covers that have been stamped by the manufacturer that they are in compliance with new text end
6.3
new text begin ASME/ANSI standards; andnew text end
6.4
new text begin (2) all covers and grates, including mounting rings, have been inspected to ensure new text end
6.5
new text begin that they have been properly installed and are not broken or loose.new text end
6.6 Sec. 8. Minnesota Statutes 2006, section 144.1222, is amended by adding a subdivision
6.7to read:
6.8
new text begin Subd. 1d.new text end new text begin Safety inspections.new text end new text begin (a) The pool operator is required to conduct a new text end
6.9
new text begin physical inspection of the drain covers and grates on a daily basis. The record required new text end
6.10
new text begin under Minnesota Rules, part 4717.0750, must indicate that this inspection was completed new text end
6.11
new text begin every day the pool is open for use.new text end
6.12
new text begin (b) If at any time an outlet cover or grate is missing, broken, or loose, the pool must new text end
6.13
new text begin be closed immediately. The pool may not open until the missing or broken cover or grate new text end
6.14
new text begin has been replaced according to the manufacturer's specifications, or the loose cover or new text end
6.15
new text begin grate has been reattached according to the manufacturer's specifications.new text end
6.16 Sec. 9. Minnesota Statutes 2006, section 144.1222, is amended by adding a subdivision
6.17to read:
6.18
new text begin Subd. 4.new text end new text begin Definitions.new text end new text begin (a) For purposes of this section, the following terms have new text end
6.19
new text begin the meanings given them.new text end
6.20
new text begin (b) "ASME/ANSI standard" means a safety standard accredited by the American new text end
6.21
new text begin National Standards Institute and published by the American Society of Mechanical new text end
6.22
new text begin Engineers.new text end
6.23
new text begin (c) "ASTM standard" means a safety standard issued by ASTM International, new text end
6.24
new text begin formerly known as the American Society for Testing and Materials.new text end
6.25
new text begin (d) "Public pool" means any pool other than a private residential pool, that is open to new text end
6.26
new text begin the public generally, whether for a fee or free of charge; open exclusively to members of new text end
6.27
new text begin an organization and their guests; residents of a multiunit apartment building, apartment new text end
6.28
new text begin complex, residential real estate development, or other multifamily residential area; or new text end
6.29
new text begin patrons of a hotel or lodging or other public accommodation facility; or operated by new text end
6.30
new text begin a person in a park, school, licensed child care facility, group home, motel, camp, resort, new text end
6.31
new text begin club, condominium, manufactured home park, or political subdivision with the exception new text end
6.32
new text begin of swimming pools at family day care homes licensed under section 245A.14, subdivision new text end
6.33
new text begin 11, paragraph (a).new text end
7.1
new text begin (e) "Unblockable suction outlet or drain" means a drain of any size and shape that a new text end
7.2
new text begin human body cannot sufficiently block to create a suction entrapment hazard and meets new text end
7.3
new text begin ASME/ANSI standards.new text end
7.4 Sec. 10. Minnesota Statutes 2006, section 157.16, as amended by Laws 2007, chapter
7.5147, article 9, section 34, is amended to read:
7.6
157.16 LICENSES REQUIRED; FEES.
7.7 Subdivision 1.
License required annually. A license is required annually for
7.8every person, firm, or corporation engaged in the business of conducting a food and
7.9beverage service establishment, hotel, motel, lodging establishment,
new text begin public pool, new text end or
7.10resort. Any person wishing to operate a place of business licensed in this section shall
7.11first make application, pay the required fee specified in this section, and receive approval
7.12for operation, including plan review approval. Seasonal and temporary food stands and
7.13special event food stands are not required to submit plans. Nonprofit organizations
7.14operating a special event food stand with multiple locations at an annual one-day event
7.15shall be issued only one license. Application shall be made on forms provided by the
7.16commissioner and shall require the applicant to state the full name and address of the
7.17owner of the building, structure, or enclosure, the lessee and manager of the food and
7.18beverage service establishment, hotel, motel, lodging establishment,
new text begin public pool, new text end or resort;
7.19the name under which the business is to be conducted; and any other information as may
7.20be required by the commissioner to complete the application for license.
7.21 Subd. 2.
License renewal. Initial and renewal licenses for all food and beverage
7.22service establishments, hotels, motels, lodging establishments,
new text begin public pools,new text end and resorts
7.23shall be issued for the calendar year for which application is made and shall expire
7.24on December 31 of such year. Any person who operates a place of business after the
7.25expiration date of a license or without having submitted an application and paid the fee
7.26shall be deemed to have violated the provisions of this chapter and shall be subject to
7.27enforcement action, as provided in the Health Enforcement Consolidation Act, sections
7.28144.989
to
144.993. In addition, a penalty of $50 shall be added to the total of the license
7.29fee for any food and beverage service establishment operating without a license as a
7.30mobile food unit, a seasonal temporary or seasonal permanent food stand, or a special
7.31event food stand, and a penalty of $100 shall be added to the total of the license fee for all
7.32restaurants, food carts, hotels, motels, lodging establishments,
new text begin public pools,new text end and resorts
7.33operating without a license for a period of up to 30 days. A late fee of $300 shall be added
7.34to the license fee for establishments operating more than 30 days without a license.
8.1 Subd. 2a.
Food manager certification. An applicant for certification or certification
8.2renewal as a food manager must submit to the commissioner a $28 nonrefundable
8.3certification fee payable to the Department of Health.
8.4 Subd. 3.
Establishment fees; definitions. (a) The following fees are required for
8.5food and beverage service establishments, hotels, motels, lodging establishments,
new text begin public new text end
8.6
new text begin pools,new text end and resorts licensed under this chapter. Food and beverage service establishments
8.7must pay the highest applicable fee under paragraph (d), clause (1), (2), (3), or (4), and
8.8establishments serving alcohol must pay the highest applicable fee under paragraph (d),
8.9clause (6) or (7). The license fee for new operators previously licensed under this chapter
8.10for the same calendar year is one-half of the appropriate annual license fee, plus any
8.11penalty that may be required. The license fee for operators opening on or after October 1
8.12is one-half of the appropriate annual license fee, plus any penalty that may be required.
8.13 (b) All food and beverage service establishments, except special event food stands,
8.14and all hotels, motels, lodging establishments,
new text begin public pools,new text end and resorts shall pay an
8.15annual base fee of $150.
8.16 (c) A special event food stand shall pay a flat fee of $40 annually. "Special event
8.17food stand" means a fee category where food is prepared or served in conjunction with
8.18celebrations, county fairs, or special events from a special event food stand as defined
8.19in section
157.15.
8.20 (d) In addition to the base fee in paragraph (b), each food and beverage service
8.21establishment, other than a special event food stand, and each hotel, motel, lodging
8.22establishment,
new text begin public pool,new text end and resort shall pay an additional annual fee for each fee
8.23category, additional food service, or required additional inspection specified in this
8.24paragraph:
8.25 (1) Limited food menu selection, $50. "Limited food menu selection" means a fee
8.26category that provides one or more of the following:
8.27 (i) prepackaged food that receives heat treatment and is served in the package;
8.28 (ii) frozen pizza that is heated and served;
8.29 (iii) a continental breakfast such as rolls, coffee, juice, milk, and cold cereal;
8.30 (iv) soft drinks, coffee, or nonalcoholic beverages; or
8.31 (v) cleaning for eating, drinking, or cooking utensils, when the only food served
8.32is prepared off site.
8.33 (2) Small establishment, including boarding establishments, $100. "Small
8.34establishment" means a fee category that has no salad bar and meets one or more of
8.35the following:
9.1 (i) possesses food service equipment that consists of no more than a deep fat fryer, a
9.2grill, two hot holding containers, and one or more microwave ovens;
9.3 (ii) serves dipped ice cream or soft serve frozen desserts;
9.4 (iii) serves breakfast in an owner-occupied bed and breakfast establishment;
9.5 (iv) is a boarding establishment; or
9.6 (v) meets the equipment criteria in clause (3), item (i) or (ii), and has a maximum
9.7patron seating capacity of not more than 50.
9.8 (3) Medium establishment, $260. "Medium establishment" means a fee category
9.9that meets one or more of the following:
9.10 (i) possesses food service equipment that includes a range, oven, steam table, salad
9.11bar, or salad preparation area;
9.12 (ii) possesses food service equipment that includes more than one deep fat fryer,
9.13one grill, or two hot holding containers; or
9.14 (iii) is an establishment where food is prepared at one location and served at one or
9.15more separate locations.
9.16 Establishments meeting criteria in clause (2), item (v), are not included in this fee
9.17category.
9.18 (4) Large establishment, $460. "Large establishment" means either:
9.19 (i) a fee category that (A) meets the criteria in clause (3), items (i) or (ii), for a
9.20medium establishment, (B) seats more than 175 people, and (C) offers the full menu
9.21selection an average of five or more days a week during the weeks of operation; or
9.22 (ii) a fee category that (A) meets the criteria in clause (3), item (iii), for a medium
9.23establishment, and (B) prepares and serves 500 or more meals per day.
9.24 (5) Other food and beverage service, including food carts, mobile food units,
9.25seasonal temporary food stands, and seasonal permanent food stands, $50.
9.26 (6) Beer or wine table service, $50. "Beer or wine table service" means a fee
9.27category where the only alcoholic beverage service is beer or wine, served to customers
9.28seated at tables.
9.29 (7) Alcoholic beverage service, other than beer or wine table service, $135.
9.30 "Alcohol beverage service, other than beer or wine table service" means a fee
9.31category where alcoholic mixed drinks are served or where beer or wine are served from
9.32a bar.
9.33 (8) Lodging per sleeping accommodation unit, $8, including hotels, motels,
9.34lodging establishments, and resorts, up to a maximum of $800. "Lodging per sleeping
9.35accommodation unit" means a fee category including the number of guest rooms, cottages,
10.1or other rental units of a hotel, motel, lodging establishment, or resort; or the number of
10.2beds in a dormitory.
10.3 (9) First public swimming pool, $180; each additional public swimming pool, $100.
10.4"Public swimming pool" means a fee category that has the meaning given in Minnesota
10.5Rules, part 4717.0250, subpart 8
new text begin section 144.1222, subdivision 4new text end .
10.6 (10) First spa, $110; each additional spa, $50. "Spa pool" means a fee category that
10.7has the meaning given in Minnesota Rules, part 4717.0250, subpart 9.
10.8 (11) Private sewer or water, $50. "Individual private water" means a fee category
10.9with a water supply other than a community public water supply as defined in Minnesota
10.10Rules, chapter 4720. "Individual private sewer" means a fee category with an individual
10.11sewage treatment system which uses subsurface treatment and disposal.
10.12 (12) Additional food service, $130. "Additional food service" means a location at
10.13a food service establishment, other than the primary food preparation and service area,
10.14used to prepare or serve food to the public.
10.15 (13) Additional inspection fee, $300. "Additional inspection fee" means a fee to
10.16conduct the second inspection each year for elementary and secondary education facility
10.17school lunch programs when required by the Richard B. Russell National School Lunch
10.18Act.
10.19 (e) A fee of $350 for review of the construction plans must accompany the initial
10.20license application for restaurants, hotels, motels, lodging establishments, or resorts with
10.21five or more sleeping units.
10.22 (f) When existing food and beverage service establishments, hotels, motels, lodging
10.23establishments, or resorts are extensively remodeled, a fee of $250 must be submitted
10.24with the remodeling plans. A fee of $250 must be submitted for new construction or
10.25remodeling for a restaurant with a limited food menu selection, a seasonal permanent
10.26food stand, a mobile food unit, or a food cart, or for a hotel, motel, resort, or lodging
10.27establishment addition of less than five sleeping units.
10.28 (g) Seasonal temporary food stands and special event food stands are not required to
10.29submit construction or remodeling plans for review.
10.30 Subd. 3a.
Statewide hospitality fee. Every person, firm, or corporation that
10.31operates a licensed boarding establishment, food and beverage service establishment,
10.32seasonal temporary or permanent food stand, special event food stand, mobile food unit,
10.33food cart, resort, hotel, motel, or lodging establishment in Minnesota must submit to the
10.34commissioner a $35 annual statewide hospitality fee for each licensed activity. The fee
10.35for establishments licensed by the Department of Health is required at the same time the
11.1licensure fee is due. For establishments licensed by local governments, the fee is due by
11.2July 1 of each year.
11.3 Subd. 4.
Posting requirements. Every food and beverage service establishment,
11.4hotel, motel, lodging establishment,
new text begin public pool,new text end or resort must have the license posted in
11.5a conspicuous place at the establishment.
11.6 Sec. 11.
new text begin [325F.172] DEFINITIONS.new text end
11.7
new text begin For the purposes of sections 325F.172 to 325F.175, the following terms have the new text end
11.8
new text begin meanings given them.new text end
11.9
new text begin (a) "BBP" means benzyl butyl phthalate, CAS # 85-68-7.new text end
11.10
new text begin (b) "Child" means a person under three years of age.new text end
11.11
new text begin (c) "Children's product" means a product, other than a food or beverage product new text end
11.12
new text begin contained in a can, except in those used for infant formulas, designed or intended by a new text end
11.13
new text begin manufacturer to be used by a child:new text end
11.14
new text begin (1) as a toy or an article of clothing;new text end
11.15
new text begin (2) to facilitate sleep, relaxation, or feeding; ornew text end
11.16
new text begin (3) to be rubbed, poured, sprinkled, sprayed on, introduced into, or otherwise new text end
11.17
new text begin applied to the human body or any part thereof, including any article used as a component new text end
11.18
new text begin of such a product.new text end
11.19
new text begin (d) "DBP" means di-n-butyl phthalate, CAS # 84-74-2.new text end
11.20
new text begin (e) "DEHP" means di (2-ethylhexyl) phthalate, CAS # 117-81-7.new text end
11.21
new text begin (f) "DIDP" means di-isodecyl phthalate, CAS # 26761-40-0.new text end
11.22
new text begin (g) "DINP" means di-iso-nonyl phthalate, CAS # 71549-78-5.new text end
11.23
new text begin (h) "DNOP" means di-n-octyl phthalate, CAS # 117-84-6.new text end
11.24
new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
11.25 Sec. 12.
new text begin [325F.173] BISPHENOL-A IN CHILDREN'S PRODUCTS; BAN.new text end
11.26
new text begin Beginning January 1, 2009, no manufacturer may sell or offer for initial sale at retail new text end
11.27
new text begin in this state a children's product that contains bisphenol-A. For purposes of this section, new text end
11.28
new text begin "bisphenol-A" means an estrogen-mimicking endocrine disrupting chemical used in the new text end
11.29
new text begin production of epoxy resins and polycarbonate plastics.new text end
11.30
new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
11.31 Sec. 13.
new text begin [325F.174] PHTHALATES IN CHILDREN'S PRODUCTS; BAN.new text end
12.1
new text begin (a) Beginning January 1, 2009, no manufacturer may sell or offer for initial sale at new text end
12.2
new text begin retail in this state a children's product that contains one of the following phthalates: DEHP, new text end
12.3
new text begin DBP, or BBP, in concentrations exceeding 0.1 percent, including plastic tubing used to new text end
12.4
new text begin deliver a solution intravenously to a child under three years of age.new text end
12.5
new text begin (b) Beginning January 1, 2009, no manufacturer or entity may sell or offer for initial new text end
12.6
new text begin sale at retail in this state any children's product that can be placed in a child's mouth new text end
12.7
new text begin and contains one of the following phthalates: DINP, DIDP, or DNOP, in concentrations new text end
12.8
new text begin exceeding 0.1 percent.new text end
12.9
new text begin (c) For purposes of this section, "phthalates" means a class of chemicals used to new text end
12.10
new text begin provide flexibility to polyvinyl chloride (PVC) plastic. new text end
12.11
new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
12.12 Sec. 14.
new text begin [325F.175] REPLACEMENT CHEMICALS.new text end
12.13
new text begin A manufacturer shall not replace bisphenol-A or phthalates as a result of the new text end
12.14
new text begin prohibitions in section 325F.173 or 325F.174 with a chemical that is:new text end
12.15
new text begin (1) classified as "known to be a human carcinogen" or "reasonably anticipated to be new text end
12.16
new text begin a human carcinogen" in the most recent Report on Carcinogens published by the National new text end
12.17
new text begin Toxicology Program in the United States Department of Health and Human Services; ornew text end
12.18
new text begin (2) identified by the federal Environmental Protection Agency as causing birth new text end
12.19
new text begin defects or reproductive or environmental harm.new text end
12.20
new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
12.21 Sec. 15.
new text begin [325F.176] PARTICIPATION IN INTERSTATE CLEARINGHOUSE.new text end
12.22
new text begin The Pollution Control Agency may participate in the establishment and new text end
12.23
new text begin implementation of a multistate clearinghouse to identify children's products containing new text end
12.24
new text begin bisphenol-A and phthalates and to evaluate safer alternatives that may be substituted new text end
12.25
new text begin for those chemicals.new text end
12.26
new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
12.27 Sec. 16.
new text begin DEPARTMENT OF HEALTH.new text end
12.28
new text begin The positions held by the most recently hired deputy commissioner of health and the new text end
12.29
new text begin most recently hired assistant commissioner of health are abolished.new text end
12.30
new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
13.1 Sec. 17.
new text begin PROGRAMS CONSOLIDATED.new text end
13.2
new text begin The commissioner of health shall consolidate the positive abortion alternatives new text end
13.3
new text begin program, under Minnesota Statutes, section 145.4235, and woman's right to know new text end
13.4
new text begin program, under Minnesota Statutes, sections 145.4241 to 145.4249. In addition to new text end
13.5
new text begin consolidation of operations for these two programs, the Web sites for these programs new text end
13.6
new text begin shall be consolidated into one Web site.new text end
13.7 Sec. 18.
new text begin RULEMAKING.new text end
13.8
new text begin The Department of Health shall adopt rules to change the definition of public pool new text end
13.9
new text begin in Minnesota Rules, part 4717.0250, subpart 8, to reflect the definition of public pool in new text end
13.10
new text begin section 9.new text end
13.11
ARTICLE 3
13.12
ADOPTION
13.13 Section 1. Minnesota Statutes 2006, section 13.465, subdivision 8, is amended to read:
13.14 Subd. 8.
Adoption records. Various adoption records are classified under section
13.15259.53, subdivision 1
. Access to the original birth record of a person who has been
13.16adopted is governed by section
new text begin 144.2253new text end .
13.17 Sec. 2. Minnesota Statutes 2006, section 144.218, subdivision 1, is amended to read:
13.18 Subdivision 1.
Adoption. new text begin (a) new text end Upon receipt of a certified copy of an order, decree,
13.19or certificate of adoption, the state registrar shall register a replacement vital record in
13.20the new name of the adopted person.
new text begin Except as provided in paragraph (b),new text end the original
13.21record of birth is confidential pursuant to
new text begin private data on individuals as defined innew text end section
13.2213.02, subdivision 3new text begin 12new text end
, and shall not be disclosed except pursuant to court order or
13.23section
144.2252new text begin or 144.2253new text end .
13.24
new text begin (b) new text end The information contained on the original birth record, except for the registration
13.25number, shall be provided on request to
new text begin : (1)new text end a parent who is named on the original birth
13.26record
new text begin ; or (2) the adopted person who is subject of the record if the person is at least 19 new text end
13.27
new text begin years of age, unless there is an affidavit of nondisclosure on file with the state registrarnew text end .
13.28Upon the receipt of a certified copy of a court order of annulment of adoption the state
13.29registrar shall restore the original vital record to its original place in the file.
13.30 Sec. 3. Minnesota Statutes 2006, section 144.225, subdivision 2, is amended to read:
13.31 Subd. 2.
Data about births. (a) Except as otherwise provided in this subdivision,
13.32data pertaining to the birth of a child to a woman who was not married to the child's father
14.1when the child was conceived nor when the child was born, including the original record
14.2of birth and the certified vital record, are confidential data. At the time of the birth of a
14.3child to a woman who was not married to the child's father when the child was conceived
14.4nor when the child was born, the mother may designate demographic data pertaining to
14.5the birth as public. Notwithstanding the designation of the data as confidential, it may
14.6be disclosed:
14.7 (1) to a parent or guardian of the child;
14.8 (2) to the child when the child is 16 years of age or older;
14.9 (3) under paragraph (b) or (e); or
14.10 (4) pursuant to a court order. For purposes of this section, a subpoena does not
14.11constitute a court order.
14.12 (b) Unless the child is adopted, data pertaining to the birth of a child that are not
14.13accessible to the public become public data if 100 years have elapsed since the birth of
14.14the child who is the subject of the data, or as provided under section
13.10, whichever
14.15occurs first.
14.16 (c) If a child is adopted, data pertaining to the child's birth are governed by the
14.17provisions relating to adoption records, including sections
13.10, subdivision 5;
144.218,
14.18subdivision 1
;
144.2252;
new text begin 144.2253;new text end and
259.89.
14.19 (d) The name and address of a mother under paragraph (a) and the child's date of
14.20birth may be disclosed to the county social services or public health member of a family
14.21services collaborative for purposes of providing services under section
124D.23.
14.22 (e) The commissioner of human services shall have access to birth records for:
14.23 (1) the purposes of administering medical assistance, general assistance medical
14.24care, and the MinnesotaCare program;
14.25 (2) child support enforcement purposes; and
14.26 (3) other public health purposes as determined by the commissioner of health.
14.27 Sec. 4. Minnesota Statutes 2006, section 144.2252, is amended to read:
14.28
144.2252 ACCESS TO ORIGINAL BIRTH RECORD AFTER ADOPTION.
14.29 (a) Whenever an adopted person requests the state registrar to disclose the
14.30information on the adopted person's original birth record, the state registrar shall act
14.31according to section
new text begin 144.2253new text end .
14.32 (b) The state registrar shall provide a transcript of an adopted person's original birth
14.33record to an authorized representative of a federally recognized American Indian tribe
14.34for the sole purpose of determining the adopted person's eligibility for enrollment or
14.35membership. Information contained in the birth record may not be used to provide the
15.1adopted person information about the person's birth parents, except as provided in this
15.2section or section
new text begin 144.2253new text end .
15.3 Sec. 5.
new text begin [144.2253] ACCESS TO ORIGINAL BIRTH RECORDS BY ADOPTED new text end
15.4
new text begin PERSON; DEPARTMENT DUTIES.new text end
15.5
new text begin Subdivision 1.new text end new text begin Affidavits.new text end new text begin The department shall prepare affidavit of disclosure and new text end
15.6
new text begin nondisclosure forms under which a birth parent may agree to or object to the release of the new text end
15.7
new text begin original birth record to the adopted person. The department shall make the forms readily new text end
15.8
new text begin accessible to birth parents on the department's Web site.new text end
15.9
new text begin Subd. 2.new text end new text begin Disclosure.new text end new text begin Upon request, the state registrar shall provide a noncertified new text end
15.10
new text begin copy of the original birth record to an adopted person age 19 or older unless there is an new text end
15.11
new text begin affidavit of nondisclosure on file. The state registrar must comply with the terms of the new text end
15.12
new text begin affidavits of disclosure or affidavits of nondisclosure.new text end
15.13
new text begin Subd. 3.new text end new text begin Recission of affidavit.new text end new text begin A birth parent may rescind an affidavit of disclosure new text end
15.14
new text begin or an affidavit of nondisclosure at any time.new text end
15.15
new text begin Subd. 4.new text end new text begin Affidavit of nondisclosure; access to birth record.new text end new text begin (a) If an affidavit new text end
15.16
new text begin of nondisclosure is on file with the state registrar, an adopted person age 19 or older new text end
15.17
new text begin may petition the appropriate court for disclosure of the original birth record according to new text end
15.18
new text begin section 259.61. The court shall grant the petition, if, after consideration of the interests new text end
15.19
new text begin of all known persons affected by the petition, the court determines that the benefits of new text end
15.20
new text begin disclosure of the information are greater than the benefits of nondisclosure.new text end
15.21
new text begin (b) An adopted person age 19 or older may request the state registrar to search the new text end
15.22
new text begin state death records to determine if the birth parent is deceased. The state registrar may new text end
15.23
new text begin impose a fee for the record search. If the birth parent is deceased, a noncertified copy of new text end
15.24
new text begin the original birth record must be released only to the adopted person making the request.new text end
15.25
new text begin Subd. 5.new text end new text begin Information provided.new text end new text begin (a) The department shall, in consultation with new text end
15.26
new text begin adoption agencies and adoption advocates, provide information and educational materials new text end
15.27
new text begin to adopted persons and birth parents about the changes in the law affecting accessibility new text end
15.28
new text begin to birth records. For purposes of this subdivision, an adoption advocate is a nonprofit new text end
15.29
new text begin organization that works with adoption issues in Minnesota.new text end
15.30
new text begin (b) The department shall provide notice on the department Web site about the new text end
15.31
new text begin change in the law under this article, and will direct individuals to private agencies and new text end
15.32
new text begin advocates for postadoption resources.new text end
15.33 Sec. 6. Minnesota Statutes 2006, section 144.226, subdivision 1, is amended to read:
16.1 Subdivision 1.
Which services are for fee. The fees for the following services shall
16.2be the following or an amount prescribed by rule of the commissioner:
16.3 (a) The fee for the issuance of a certified vital record or a certification that the vital
16.4record cannot be found is $9. No fee shall be charged for a certified birth, stillbirth, or
16.5death record that is reissued within one year of the original issue, if an amendment is
16.6made to the vital record and if the previously issued vital record is surrendered. The
16.7fee is nonrefundable.
16.8 (b) The fee for processing a request for the replacement of a birth record for
16.9all events, except when filing a recognition of parentage pursuant to section
257.73,
16.10subdivision 1
, is $40. The fee is payable at the time of application and is nonrefundable.
16.11 (c) The fee for processing a request for the filing of a delayed registration of
16.12birth, stillbirth, or death is $40. The fee is payable at the time of application and is
16.13nonrefundable. This fee includes one subsequent review of the request if the request
16.14is not acceptable upon the initial receipt.
16.15 (d) The fee for processing a request for the amendment of any vital record when
16.16requested more than 45 days after the filing of the vital record is $40. No fee shall be
16.17charged for an amendment requested within 45 days after the filing of the vital record.
16.18The fee is payable at the time of application and is nonrefundable. This fee includes one
16.19subsequent review of the request if the request is not acceptable upon the initial receipt.
16.20 (e) The fee for processing a request for the verification of information from vital
16.21records is $9 when the applicant furnishes the specific information to locate the vital
16.22record. When the applicant does not furnish specific information, the fee is $20 per hour
16.23for staff time expended. Specific information includes the correct date of the event and
16.24the correct name of the registrant. Fees charged shall approximate the costs incurred in
16.25searching and copying the vital records. The fee is payable at the time of application
16.26and is nonrefundable.
16.27 (f) The fee for processing a request for the issuance of a copy of any document on
16.28file pertaining to a vital record or statement that a related document cannot be found is $9.
16.29The fee is payable at the time of application and is nonrefundable.
16.30
new text begin (g) The department shall charge a fee of $18 for noncertified copies of birth records new text end
16.31
new text begin provided to adopted persons age 19 or older. The fee shall cover the costs of providing new text end
16.32
new text begin the birth record and any costs associated with the distribution of information to adopted new text end
16.33
new text begin persons and birth parents in subdivision 5.new text end
16.34 Sec. 7. Minnesota Statutes 2006, section 259.89, subdivision 1, is amended to read:
17.1 Subdivision 1.
Request. An adopted person who is 19 years of age or over may
17.2request the commissioner of health to disclose the information on the adopted person's
17.3original birth record. The commissioner of health shall, within five days of receipt of
17.4the request, notify the commissioner of human services in writing of the request by the
17.5adopted person.
17.6 Sec. 8. Minnesota Statutes 2006, section 260C.317, subdivision 4, is amended to read:
17.7 Subd. 4.
Rights of terminated parent. Upon entry of an order terminating the
17.8parental rights of any person who is identified as a parent on the original birth record of
17.9the child as to whom the parental rights are terminated, the court shall cause written
17.10notice to be made to that person setting forth:
17.11 (1) the right of the person to file at any time with the state registrar of vital statistics
17.12a consent to disclosure, as defined in section
144.212, subdivision 11;
17.13 (2) the right of the person to file at any time with the state registrar of vital statistics
17.14an affidavit stating that the information on the original birth record shall not be disclosed
17.15as provided in section
new text begin 144.2253new text end ; and
17.16 (3) the effect of a failure to file either a consent to disclosure, as defined in section
17.17144.212, subdivision 11
, or an affidavit stating that the information on the original birth
17.18record shall not be disclosed.
17.19 Sec. 9.
new text begin ADOPTION AGENCIES; FEE.new text end
17.20
new text begin Adoption agencies may charge a fee for counseling and support services provided to new text end
17.21
new text begin adopted persons and birth parents.new text end
17.22 Sec. 10.
new text begin REPEALER.new text end
17.23
new text begin Minnesota Statutes 2006, sections 259.83, subdivision 3; and 259.89, subdivisions 2, new text end
17.24
new text begin 3, 4, and 5,new text end new text begin are repealed.new text end
17.25 Sec. 11.
new text begin EFFECTIVE DATE.new text end
17.26
new text begin This article is effective July 1, 2009.new text end
17.27
ARTICLE 4
17.28
DEPARTMENT OF HUMAN SERVICES
17.29
Section 1. new text begin SUMMARY OF APPROPRIATIONS.new text end
17.30
new text begin The amounts shown in this section summarize direct appropriations by fund made new text end
17.31
new text begin in this article.new text end
18.1
new text begin 2008new text end
new text begin 2009new text end
new text begin Totalnew text end
18.2
new text begin Generalnew text end
new text begin $new text end
new text begin $new text end
new text begin 1,237,000new text end
new text begin $new text end
new text begin 1,237,000new text end
18.3
new text begin Totalnew text end
new text begin $new text end
new text begin $new text end
new text begin 1,237,000new text end
new text begin $new text end
new text begin 1,237,000new text end
18.4
Sec. 2. new text begin HEALTH AND HUMAN SERVICES APPROPRIATION.new text end
18.5
new text begin The sums shown in the columns marked "Appropriations" are added to or, if shown new text end
18.6
new text begin in parentheses, subtracted from the appropriations in Laws 2007, chapter 147, or other new text end
18.7
new text begin law to the agencies and for the purposes specified in this article. The appropriations new text end
18.8
new text begin are from the general fund, or another named fund, and are available for the fiscal years new text end
18.9
new text begin indicated for each purpose. The figures "2008" and "2009" used in this article mean new text end
18.10
new text begin that the addition or subtraction from appropriations listed under them are available for new text end
18.11
new text begin the fiscal year ending June 30, 2008, or June 30, 2009, respectively. "The first year" is new text end
18.12
new text begin fiscal year 2008. "The second year" is fiscal year 2009. "The biennium" is fiscal years new text end
18.13
new text begin 2008 and 2009. Supplemental appropriations and reductions for the fiscal year ending new text end
18.14
new text begin June 30, 2008, are effective the day following final enactment.new text end
18.15
new text begin APPROPRIATIONSnew text end
18.16
new text begin Available for the Yearnew text end
18.17
new text begin Ending June 30new text end
18.18
new text begin 2008new text end
new text begin 2009new text end
18.19
18.20
Sec. 3. new text begin APPROPRIATION FOR new text end
new text begin FOODSHELF PROGRAMS.new text end
new text begin $new text end
new text begin $new text end
new text begin 619,000new text end
18.21
new text begin $619,000 is appropriated in fiscal year 2009 new text end
18.22
new text begin from the general fund to the commissioner of new text end
18.23
new text begin human services for foodshelf programs under new text end
18.24
new text begin Minnesota Statutes, section 256E.34. This new text end
18.25
new text begin is a onetime appropriation and is available new text end
18.26
new text begin until expended. new text end
18.27
18.28
18.29
Sec. 4. new text begin APPROPRIATION FOR new text end
new text begin LONG-TERM HOMELESS SUPPORTIVE new text end
new text begin SERVICES.new text end
new text begin $new text end
new text begin $new text end
new text begin 618,000new text end
18.30
new text begin $618,000 is appropriated from the general new text end
18.31
new text begin fund to the commissioner of human services new text end
18.32
new text begin in fiscal year 2009 for the long-term homeless new text end
18.33
new text begin supportive services fund under Minnesota new text end
18.34
new text begin Statutes, section 256K.26. This is a onetime new text end
18.35
new text begin appropriation and is available until expended.new text end
19.1 Sec. 5. Laws 2007, chapter 147, article 19, section 3, subdivision 4, is amended to read:
19.2
19.3
Subd. 4. Children and Economic Assistance
Grants
19.4The amounts that may be spent from this
19.5appropriation for each purpose are as follows:
19.7
Appropriations by Fund
19.8
General
62,069,000
62,405,000
19.9
Federal TANF
75,904,000
80,841,000
19.10
(b) Support Services Grants
19.11
Appropriations by Fund
19.12
General
8,715,000
8,715,000
19.13
Federal TANF
113,429,000
115,902,000
19.14
TANF Prior Appropriation Cancellation.
19.15Notwithstanding Laws 2001, First Special
19.16Session chapter 9, article 17, section
19.172, subdivision 11, paragraph (b), any
19.18unexpended TANF funds appropriated to the
19.19commissioner to contract with the Board of
19.20Trustees of Minnesota State Colleges and
19.21Universities, to provide tuition waivers to
19.22employees of health care and human service
19.23providers that are members of qualifying
19.24consortia operating under Minnesota
19.25Statutes, sections
116L.10 to
116L.15, must
19.26cancel at the end of fiscal year 2007.
19.27
MFIP Pilot Program. Of the TANF
19.28appropriation, $100,000 in fiscal year 2008
19.29and $750,000 in fiscal year 2009 are for a
19.30grant to the Stearns-Benton Employment and
19.31Training Council for the Workforce U pilot
19.32program. Base level funding for this program
19.33shall be $750,000 in 2010 and $0 in 2011.
19.34
Supported Work. (1) Of the TANF
19.35appropriation, $5,468,000 in fiscal year
20.12008 and $7,291,000 in fiscal year
20.22009 are for supported work for MFIP
20.3participants, to be allocated to counties
20.4and tribes based on the criteria under
20.5clauses (2) and (3). Paid transitional work
20.6experience and other supported employment
20.7under this rider provides a continuum of
20.8employment assistance, including outreach
20.9and recruitment, program orientation
20.10and intake, testing and assessment, job
20.11development and marketing, preworksite
20.12training, supported worksite experience, job
20.13coaching, and postplacement follow-up, in
20.14addition to extensive case management and
20.15referral services. * (The preceding text "and
20.16$7,291,000 in fiscal year 2009" was indicated
20.17as vetoed by the governor.)
20.18(2) A county or tribe is eligible to receive an
20.19allocation under this rider if:
20.20(i) the county or tribe is not meeting the
20.21federal work participation rate;
20.22(ii) the county or tribe has participants who
20.23are required to perform work activities under
20.24Minnesota Statutes, chapter 256J, but are not
20.25meeting hourly work requirements; and
20.26(iii) the county or tribe has assessed
20.27participants who have completed six weeks
20.28of job search or are required to perform
20.29work activities and are not meeting the
20.30hourly requirements, and the county or tribe
20.31has determined that the participant would
20.32benefit from working in a supported work
20.33environment.
20.34(3) A county or tribe may also be eligible for
20.35funds in order to contract for supplemental
21.1hours of paid work at the participant's child's
21.2place of education, child care location, or the
21.3child's physical or mental health treatment
21.4facility or office. This grant to counties and
21.5tribes is specifically for MFIP participants
21.6who need to work up to five hours more
21.7per week in order to meet the hourly work
21.8requirement, and the participant's employer
21.9cannot or will not offer more hours to the
21.10participant.
21.11
Work Study. Of the TANF appropriation,
21.12$750,000 each year are to the commissioner
21.13to contract with the Minnesota Office of
21.14Higher Education for the biennium beginning
21.15July 1, 2007, for work study grants under
21.16Minnesota Statutes, section
136A.233,
21.17specifically for low-income individuals who
21.18receive assistance under Minnesota Statutes,
21.19chapter 256J, and for grants to opportunities
21.20industrialization centers. * (The preceding
21.21text beginning "Work Study. Of the TANF
21.22appropriation," was indicated as vetoed by
21.23the governor.)
21.24
Integrated Service Projects. $2,500,000
21.25in fiscal year 2008 and $2,500,000 in fiscal
21.26year 2009 are appropriated from the TANF
21.27fund to the commissioner to continue to
21.28fund the existing integrated services projects
21.29for MFIP families, and if funding allows,
21.30additional similar projects.
21.31
Base Adjustment. The TANF base for fiscal
21.32year 2010 is $115,902,000 and for fiscal year
21.332011 is $115,152,000.
21.34
(c) MFIP Child Care Assistance Grants
21.35
General
74,654,000
71,951,000
22.1
22.2
(d) Basic Sliding Fee Child Care Assistance
Grants
22.3
General
42,995,000
45,008,000
22.4
Base Adjustment. The general fund base
22.5is $44,881,000 for fiscal year 2010 and
22.6$44,852,000 for fiscal year 2011.
22.7
At-Home Infant Care Program. No
22.8funding shall be allocated to or spent on
22.9the at-home infant care program under
22.10Minnesota Statutes, section
119B.035.
22.11
(e) Child Care Development Grants
22.12
General
4,390,000
6,390,000
22.13
Prekindergarten Exploratory Projects. Of
22.14the general fund appropriation, $2,000,000
22.15the first year and $4,000,000 the second
22.16year are for grants to the city of St. Paul,
22.17Hennepin County, and Blue Earth County to
22.18establish scholarship demonstration projects
22.19to be conducted in partnership with the
22.20Minnesota Early Learning Foundation to
22.21promote children's school readiness. This
22.22appropriation is available until June 30, 2009.
22.23
Child Care Services Grants. Of this
22.24appropriation, $500,000 each year are for
22.25the purpose of providing child care services
22.26grants under Minnesota Statutes, section
22.27119B.21, subdivision 5
. This appropriation
22.28is for the 2008-2009 biennium only, and does
22.29not increase the base funding.
22.30
Early Childhood Professional
22.31
Development System. Of this appropriation,
22.32$500,000 each year are for purposes of the
22.33early childhood professional development
22.34system, which increases the quality and
23.1continuum of professional development
23.2opportunities for child care practitioners.
23.3This appropriation is for the 2008-2009
23.4biennium only, and does not increase the
23.5base funding.
23.6
Base Adjustment. The general fund base
23.7is $1,515,000 for each of fiscal years 2010
23.8and 2011.
23.9
(f) Child Support Enforcement Grants
23.10
General
11,038,000
3,705,000
23.11
Child Support Enforcement. $7,333,000
23.12for fiscal year 2008 is to make grants to
23.13counties for child support enforcement
23.14programs to make up for the loss under the
23.152005 federal Deficit Reduction Act of federal
23.16matching funds for federal incentive funds
23.17passed on to the counties by the state.
23.18This appropriation is available until June 30,
23.192009.
23.20
(g) Children's Services Grants
23.21
Appropriations by Fund
23.22
General
63,647,000
71,147,000
23.23
Health Care Access
250,000
-0-
23.24
TANF
240,000
340,000
23.25
Grants for Programs Serving Young
23.26
Parents. Of the TANF fund appropriation,
23.27$140,000 each year is for a grant to a program
23.28or programs that provide comprehensive
23.29services through a private, nonprofit agency
23.30to young parents in Hennepin County who
23.31have dropped out of school and are receiving
23.32public assistance. The program administrator
23.33shall report annually to the commissioner on
23.34skills development, education, job training,
24.1and job placement outcomes for program
24.2participants.
24.3
County Allocations for Rate Increases.
24.4County Children and Community Services
24.5Act allocations shall be increased by
24.6$197,000 effective October 1, 2007, and
24.7$696,000 effective October 1, 2008, to help
24.8counties pay for the rate adjustments to
24.9day training and habilitation providers for
24.10participants paid by county social service
24.11funds. Notwithstanding the provisions of
24.12Minnesota Statutes, section
256M.40, the
24.13allocation to a county shall be based on
24.14the county's proportion of social services
24.15spending for day training and habilitation
24.16services as determined in the most recent
24.17social services expenditure and grant
24.18reconciliation report.
24.19
Privatized Adoption Grants. Federal
24.20reimbursement for privatized adoption grant
24.21and foster care recruitment grant expenditures
24.22is appropriated to the commissioner for
24.23adoption grants and foster care and adoption
24.24administrative purposes.
24.25
Adoption Assistance Incentive Grants.
24.26Federal funds available during fiscal year
24.272008 and fiscal year 2009 for the adoption
24.28incentive grants are appropriated to the
24.29commissioner for these purposes.
24.30
Adoption Assistance and Relative Custody
24.31
Assistance. The commissioner may transfer
24.32unencumbered appropriation balances for
24.33adoption assistance and relative custody
24.34assistance between fiscal years and between
24.35programs.
25.1
Children's Mental Health Grants. Of the
25.2general fund appropriation, $5,913,000 in
25.3fiscal year 2008 and $6,825,000 in fiscal year
25.42009 are for children's mental health grants.
25.5The purpose of these grants is to increase and
25.6maintain the state's children's mental health
25.7service capacity, especially for school-based
25.8mental health services. The commissioner
25.9shall require grantees to utilize all available
25.10third party reimbursement sources as a
25.11condition of using state grant funds. At
25.12least 15 percent of these funds shall be
25.13used to encourage efficiencies through early
25.14intervention services. At least another 15
25.15percent shall be used to provide respite care
25.16services for children with severe emotional
25.17disturbance at risk of out-of-home placement.
25.18
Mental Health Crisis Services. Of the
25.19general fund appropriation, $2,528,000 in
25.20fiscal year 2008 and $2,850,000 in fiscal year
25.212009 are for statewide funding of children's
25.22mental health crisis services. Providers must
25.23utilize all available funding streams.
25.24
Children's Mental Health Evidence-Based
25.25
and Best Practices. Of the general fund
25.26appropriation, $375,000 in fiscal year 2008
25.27and $750,000 in fiscal year 2009 are for
25.28children's mental health evidence-based and
25.29best practices including, but not limited
25.30to: Adolescent Integrated Dual Diagnosis
25.31Treatment services; school-based mental
25.32health services; co-location of mental
25.33health and physical health care, and; the
25.34use of technological resources to better
25.35inform diagnosis and development of
25.36treatment plan development by mental
26.1health professionals. The commissioner
26.2shall require grantees to utilize all available
26.3third-party reimbursement sources as a
26.4condition of using state grant funds.
26.5
Culturally Specific Mental Health
26.6
Treatment Grants. Of the general fund
26.7appropriation, $75,000 in fiscal year 2008
26.8and $300,000 in fiscal year 2009 are for
26.9children's mental health grants to support
26.10increased availability of mental health
26.11services for persons from cultural and
26.12ethnic minorities within the state. The
26.13commissioner shall use at least 20 percent
26.14of these funds to help members of cultural
26.15and ethnic minority communities to become
26.16qualified mental health professionals and
26.17practitioners. The commissioner shall assist
26.18grantees to meet third-party credentialing
26.19requirements and require them to utilize all
26.20available third-party reimbursement sources
26.21as a condition of using state grant funds.
26.22
Mental Health Services for Children with
26.23
Special Treatment Needs. Of the general
26.24fund appropriation, $50,000 in fiscal year
26.252008 and $200,000 in fiscal year 2009 are
26.26for children's mental health grants to support
26.27increased availability of mental health
26.28services for children with special treatment
26.29needs. These shall include, but not be limited
26.30to: victims of trauma, including children
26.31subjected to abuse or neglect, veterans and
26.32their families, and refugee populations;
26.33persons with complex treatment needs, such
26.34as eating disorders; and those with low
26.35incidence disorders.
27.1
MFIP and Children's Mental Health
27.2
Pilot Project. Of the TANF appropriation,
27.3$100,000 in fiscal year 2008 and $200,000
27.4in fiscal year 2009 are to fund the MFIP
27.5and children's mental health pilot project.
27.6Of these amounts, up to $100,000 may be
27.7expended on evaluation of this pilot.
27.8
Prenatal Alcohol or Drug Use. Of the
27.9general fund appropriation, $75,000 each
27.10year is to award grants beginning July 1,
27.112007, to programs that provide services
27.12under Minnesota Statutes, section
254A.171,
27.13in Pine, Kanabec, and Carlton Counties. This
27.14appropriation shall become part of the base
27.15appropriation.
27.16
Base Adjustment. The general fund base
27.17is $62,572,000 in fiscal year 2010 and
27.18$62,575,000 in fiscal year 2011.
27.19
(h) Children and Community Services Grants
27.20
General
101,369,000
69,208,000
27.21
Base Adjustment. The general fund base
27.22is $69,274,000 in each of fiscal years 2010
27.23and 2011.
27.24
Targeted Case Management Temporary
27.25
Funding. (a) Of the general fund
27.26appropriation, $32,667,000 in fiscal year
27.272008 is transferred to the targeted case
27.28management contingency reserve account in
27.29the general fund to be allocated to counties
27.30and tribes affected by reductions in targeted
27.31case management federal Medicaid revenue
27.32as a result of the provisions in the federal
27.33Deficit Reduction Act of 2005, Public Law
27.34109-171.
28.1(b) Contingent upon (1) publication by the
28.2federal Centers for Medicare and Medicaid
28.3Services of final regulations implementing
28.4the targeted case management provisions
28.5of the federal Deficit Reduction Act of
28.62005, Public Law 109-171, or (2) the
28.7issuance of a finding by the Centers for
28.8Medicare and Medicaid Services of federal
28.9Medicaid overpayments for targeted case
28.10management expenditures, up to $32,667,000
28.11is appropriated to the commissioner of human
28.12services. Prior to distribution of funds, the
28.13commissioner shall estimate and certify the
28.14amount by which the federal regulations or
28.15federal disallowance will reduce targeted
28.16case management Medicaid revenue over the
28.172008-2009 biennium.
28.18(c) Within 60 days of a contingency described
28.19in paragraph (b), the commissioner shall
28.20distribute the grants proportionate to each
28.21affected county or tribe's targeted case
28.22management federal earnings for calendar
28.23year 2005, not to exceed the lower of (1) the
28.24amount of the estimated reduction in federal
28.25revenue or (2) $32,667,000.
28.26(d) These funds are available in either year of
28.27the biennium. Counties and tribes shall use
28.28these funds to pay for social service-related
28.29costs, but the funds are not subject to
28.30provisions of the Children and Community
28.31Services Act grant under Minnesota Statutes,
28.32chapter 256M.
28.33(e) This appropriation shall be available to
28.34pay counties and tribes for expenses incurred
29.1on or after July 1, 2007. The appropriation
29.2shall be available until expended.
29.3
(i) General Assistance Grants
29.4
General
37,876,000
38,253,000
29.5
General Assistance Standard. The
29.6commissioner shall set the monthly standard
29.7of assistance for general assistance units
29.8consisting of an adult recipient who is
29.9childless and unmarried or living apart
29.10from parents or a legal guardian at $203.
29.11The commissioner may reduce this amount
29.12according to Laws 1997, chapter 85, article
29.133, section 54.
29.14
Emergency General Assistance. The
29.15amount appropriated for emergency general
29.16assistance funds is limited to no more
29.17than $7,889,812 in fiscal year 2008 and
29.18$7,889,812 in fiscal year 2009. Funds
29.19to counties must be allocated by the
29.20commissioner using the allocation method
29.21specified in Minnesota Statutes, section
29.22256D.06
.
29.23
(j) Minnesota Supplemental Aid Grants
29.24
General
30,505,000
30,812,000
29.25
Emergency Minnesota Supplemental
29.26
Aid Funds. The amount appropriated for
29.27emergency Minnesota supplemental aid
29.28funds is limited to no more than $1,100,000
29.29in fiscal year 2008 and $1,100,000 in fiscal
29.30year 2009. Funds to counties must be
29.31allocated by the commissioner using the
29.32allocation method specified in Minnesota
29.33Statutes, section
256D.46.
29.34
(k) Group Residential Housing Grants
30.1
General
91,069,000
98,671,000
30.2
People Incorporated. Of the general fund
30.3appropriation, $460,000 each year is to
30.4augment community support and mental
30.5health services provided to individuals
30.6residing in facilities under Minnesota
30.7Statutes, section
256I.05, subdivision 1m.
30.8
30.9
(l) Other Children and Economic Assistance
Grants
30.10
General
20,183,000
16,333,000
30.11
Federal TANF
1,500,000
1,500,000
30.12
Base Adjustment. The general fund base
30.13shall be $16,033,000 in fiscal year 2010 and
30.14$15,533,000 in fiscal year 2011. The TANF
30.15base shall be $1,500,000 in fiscal year 2010
30.16and $1,181,000 in fiscal year 2011.
30.17
Homeless and Runaway Youth. Of the
30.18general fund appropriation, $500,000 each
30.19year are for the Runaway and Homeless
30.20Youth Act under Minnesota Statutes, section
30.21256K.45
. Funds shall be spent in each area
30.22of the continuum of care to ensure that
30.23programs are meeting the greatest need. This
30.24is a onetime appropriation.
30.25
Long-Term Homelessness. Of the general
30.26fund appropriation, $1,500,000 each year
30.27are
new text begin $2,000,000 in fiscal year 2008 is new text end for
30.28implementation of programs to address
30.29long-term homelessness
new text begin and is available in new text end
30.30
new text begin either year of the bienniumnew text end . This is a onetime
30.31appropriation.
30.32
Minnesota Community Action Grants. (a)
30.33Of the general fund appropriation, $250,000
30.34each year is for the purposes of Minnesota
31.1community action grants under Minnesota
31.2Statutes, sections
256E.30 to
256E.32. This
31.3is a onetime appropriation.
31.4(b) Of the TANF appropriation, $1,500,000
31.5each year is for community action agencies
31.6for auto repairs, auto loans, and auto purchase
31.7grants to individuals who are eligible to
31.8receive benefits under Minnesota Statutes,
31.9chapter 256J, or who have lost eligibility
31.10for benefits under Minnesota Statutes,
31.11chapter 256J, due to earnings in the prior 12
31.12months. Base level funding for this activity
31.13shall be $1,500,000 in fiscal year 2010
31.14and $1,181,000 in fiscal year 2011. * (The
31.15preceding text beginning "(b) Of the TANF
31.16appropriation," was indicated as vetoed by
31.17the governor.)
31.18(c) Money appropriated under paragraphs (a)
31.19and (b) that is not spent in the first year does
31.20not cancel but is available for the second
31.21year.
