HF 1993

1st Committee Engrossment - 86th Legislature (2009 - 2010)

Posted on 03/19/2013 07:29 p.m.

1.1A bill for an act 1.2relating to state government; regulating certain public health fees, certain special 1.3revenue funds, and food support for children with severe allergies; providing 1.4adjustments to various health and human services appropriations; appropriating 1.5money;amending Minnesota Statutes 2008, sections 214.06, by adding a 1.6subdivision; 214.40, subdivision 7; Minnesota Statutes 2009 Supplement, 1.7sections 157.16, subdivision 3; 327.15, subdivision 3; Laws 2009, chapter 79, 1.8article 13, sections 3, subdivision 4, as amended; 5, subdivision 8, as amended. 1.9BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.10ARTICLE 1 1.11PUBLIC HEALTH 1.12    Section 1. Minnesota Statutes 2009 Supplement, section 157.16, subdivision 3, is 1.13amended to read: 1.14    Subd. 3. Establishment fees; definitions. (a) The following fees are required 1.15for food and beverage service establishments, youth camps, hotels, motels, lodging 1.16establishments, public pools, and resorts licensed under this chapter. Food and beverage 1.17service establishments must pay the highest applicable fee under paragraph (d), clause 1.18(1), (2), (3), or (4), and establishments serving alcohol must pay the highest applicable 1.19fee under paragraph (d), clause (6) or (7). The license fee for new operators previously 1.20licensed under this chapter for the same calendar year is one-half of the appropriate annual 1.21license fee, plus any penalty that may be required. The license fee for operators opening 1.22on or after October 1 is one-half of the appropriate annual license fee, plus any penalty 1.23that may be required. 2.1    (b) All food and beverage service establishments, except special event food stands, 2.2and all hotels, motels, lodging establishments, public pools, and resorts shall pay an 2.3annual base fee of $150. 2.4    (c) A special event food stand shall pay a flat fee of $50 annually. "Special event 2.5food stand" means a fee category where food is prepared or served in conjunction with 2.6celebrations, county fairs, or special events from a special event food stand as defined 2.7in section 157.15. 2.8    (d) In addition to the base fee in paragraph (b), each food and beverage service 2.9establishment, other than a special event food stand, and each hotel, motel, lodging 2.10establishment, public pool, and resort shall pay an additional annual fee for each fee 2.11category, additional food service, or required additional inspection specified in this 2.12paragraph: 2.13    (1) Limited food menu selection, $60. "Limited food menu selection" means a fee 2.14category that provides one or more of the following: 2.15    (i) prepackaged food that receives heat treatment and is served in the package; 2.16    (ii) frozen pizza that is heated and served; 2.17    (iii) a continental breakfast such as rolls, coffee, juice, milk, and cold cereal; 2.18    (iv) soft drinks, coffee, or nonalcoholic beverages; or 2.19    (v) cleaning for eating, drinking, or cooking utensils, when the only food served 2.20is prepared off site. 2.21    (2) Small establishment, including boarding establishments, $120. "Small 2.22establishment" means a fee category that has no salad bar and meets one or more of 2.23the following: 2.24    (i) possesses food service equipment that consists of no more than a deep fat fryer, a 2.25grill, two hot holding containers, and one or more microwave ovens; 2.26    (ii) serves dipped ice cream or soft serve frozen desserts; 2.27    (iii) serves breakfast in an owner-occupied bed and breakfast establishment; 2.28    (iv) is a boarding establishment; or 2.29    (v) meets the equipment criteria in clause (3), item (i) or (ii), and has a maximum 2.30patron seating capacity of not more than 50. 2.31    (3) Medium establishment, $310. "Medium establishment" means a fee category 2.32that meets one or more of the following: 2.33    (i) possesses food service equipment that includes a range, oven, steam table, salad 2.34bar, or salad preparation area; 2.35    (ii) possesses food service equipment that includes more than one deep fat fryer, 2.36one grill, or two hot holding containers; or 3.1    (iii) is an establishment where food is prepared at one location and served at one or 3.2more separate locations. 3.3    Establishments meeting criteria in clause (2), item (v), are not included in this fee 3.4category. 3.5    (4) Large establishment, $540. "Large establishment" means either: 3.6    (i) a fee category that (A) meets the criteria in clause (3), items (i) or (ii), for a 3.7medium establishment, (B) seats more than 175 people, and (C) offers the full menu 3.8selection an average of five or more days a week during the weeks of operation; or 3.9    (ii) a fee category that (A) meets the criteria in clause (3), item (iii), for a medium 3.10establishment, and (B) prepares and serves 500 or more meals per day. 3.11    (5) Other food and beverage service, including food carts, mobile food units, 3.12seasonal temporary food stands, and seasonal permanent food stands, $60. 3.13    (6) Beer or wine table service, $60. "Beer or wine table service" means a fee 3.14category where the only alcoholic beverage service is beer or wine, served to customers 3.15seated at tables. 3.16    (7) Alcoholic beverage service, other than beer or wine table service, $165. 3.17    "Alcohol beverage service, other than beer or wine table service" means a fee 3.18category where alcoholic mixed drinks are served or where beer or wine are served from 3.19a bar. 3.20    (8) Lodging per sleeping accommodation unit, $10, including hotels, motels, 3.21lodging establishments, and resorts, up to a maximum of $1,000. "Lodging per sleeping 3.22accommodation unit" means a fee category including the number of guest rooms, cottages, 3.23or other rental units of a hotel, motel, lodging establishment, or resort; or the number of 3.24beds in a dormitory. 3.25    (9) First public pool, $325; each additional public pool, $175. "Public pool" means a 3.26fee category that has the meaning given in section 144.1222, subdivision 4. 3.27    (10) First spa, $175; each additional spa, $100. "Spa pool" means a fee category that 3.28has the meaning given in Minnesota Rules, part 4717.0250, subpart 9. 3.29    (11) Private sewer or water, $60. "Individual private water" means a fee category 3.30with a water supply other than a community public water supply as defined in Minnesota 3.31Rules, chapter 4720. "Individual private sewer" means a fee category with an individual 3.32sewage treatment system which uses subsurface treatment and disposal. 3.33    (12) Additional food service, $150. "Additional food service" means a location at 3.34a food service establishment, other than the primary food preparation and service area, 3.35used to prepare or serve food to the public. 4.1    (13) Additional inspection fee, $360. "Additional inspection fee" means a fee to 4.2conduct the second inspection each year for elementary and secondary education facility 4.3school lunch programs when required by the Richard B. Russell National School Lunch 4.4Act. 4.5    (e) A fee for review of construction plans must accompany the initial license 4.6application for restaurants, hotels, motels, lodging establishments, resorts, seasonal food 4.7stands, and mobile food units. The fee for this construction plan review is as follows: 4.8 Service AreaTypeFee 4.9 Food limited food menu $275 4.10 small establishment $400 4.11 medium establishment $450 4.12 large food establishment $500 4.13 additional food service $150 4.14 Transient food service food cart $250 4.15 seasonal permanent food stand $250 4.16 seasonal temporary food stand $250 4.17 mobile food unit $350 4.18 Alcohol beer or wine table service $150 4.19 alcohol service from bar $250 4.20 Lodging less than 25 rooms $375 4.21 25 to less than 100 rooms $400 4.22 100 rooms or more $500 4.23 less than five cabins $350 4.24 five to less than ten cabins $400 4.25 ten cabins or more $450 4.26    (f) When existing food and beverage service establishments, hotels, motels, lodging 4.27establishments, resorts, seasonal food stands, and mobile food units are extensively 4.28remodeled, a fee must be submitted with the remodeling plans. The fee for this 4.29construction plan review is as follows: 4.30 Service AreaTypeFee 4.31 Food limited food menu $250 4.32 small establishment $300 4.33 medium establishment $350 4.34 large food establishment $400 4.35 additional food service $150 4.36 Transient food service food cart $250 4.37 seasonal permanent food stand $250 4.38 seasonal temporary food stand $250 4.39 mobile food unit $250 4.40 Alcohol beer or wine table service $150 4.41 alcohol service from bar $250 5.1 Lodging less than 25 rooms $250 5.2 25 to less than 100 rooms $300 5.3 100 rooms or more $450 5.4 less than five cabins $250 5.5 five to less than ten cabins $350 5.6 ten cabins or more $400 5.7    (g) Special event food stands are not required to submit construction or remodeling 5.8plans for review. 5.9(h) Youth camps shall pay an annual single fee for food and lodging as follows: 5.10(1) camps with up to 99 campers, $325; 5.11(2) camps with 100 to 199 campers, $550; and 5.12(3) camps with 200 or more campers, $750. 5.13 new text begin (i) A youth camp which pays fees under paragraph (d) is not required to pay fees new text end 5.14 new text begin under paragraph (h). new text end 5.15    Sec. 2. Minnesota Statutes 2008, section 214.06, is amended by adding a subdivision 5.16to read: 5.17     new text begin Subd. 4. new text end new text begin Fee revenues. new text end new text begin (a) All revenue collected by each health-related licensing new text end 5.18 new text begin board is deposited into a health-related licensing boards dedicated account in the state new text end 5.19 new text begin government special revenue fund. All money in the health-related licensing boards account new text end 5.20 new text begin is annually appropriated to the health-related licensing boards. The current accumulated new text end 5.21 new text begin fund balance in the state government special revenue fund health-related licensing boards new text end 5.22 new text begin account will be transferred to the health-related licensing boards dedicated account. new text end 5.23 new text begin (b) The health-related licensing boards must report to the legislature detailed new text end 5.24 new text begin spending and revenue reports by September 1 of each year for the previous fiscal year, and new text end 5.25 new text begin make the reports available to the public on the boards' Web sites. new text end 5.26 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2011. new text end 5.27    Sec. 3. Minnesota Statutes 2009 Supplement, section 327.15, subdivision 3, is 5.28amended to read: 5.29    Subd. 3. Fees, manufactured home parks and recreational camping areas. (a) 5.30The following fees are required for manufactured home parks and recreational camping 5.31areas licensed under this chapter. Recreational camping areas and manufactured home 5.32parks shall pay the highest applicable new text begin base new text end fee under paragraph (c) new text begin (b) new text end . The license fee 5.33for new operators of a manufactured home park or recreational camping area previously 5.34licensed under this chapter for the same calendar year is one-half of the appropriate annual 6.1license fee, plus any penalty that may be required. The license fee for operators opening 6.2on or after October 1 is one-half of the appropriate annual license fee, plus any penalty 6.3that may be required. 6.4(b) All manufactured home parks and recreational camping areas shall pay the 6.5following annual base fee: 6.6(1) a manufactured home park, $150; and 6.7(2) a recreational camping area with: 6.8(i) 24 or less sites, $50; 6.9(ii) 25 to 99 sites, $212; and 6.10(iii) 100 or more sites, $300. 6.11In addition to the base fee, manufactured home parks and recreational camping areas shall 6.12pay $4 for each licensed site. This paragraph does not apply to special event recreational 6.13camping areas or to new text begin . new text end Operators of a manufactured home park or a recreational camping 6.14area new text begin also new text end licensed under section 157.16 for the same location new text begin shall pay only one base fee, new text end 6.15 new text begin whichever is the highest of the base fees found in this section or section 157.16 new text end . 6.16(c) In addition to the fee in paragraph (b), each manufactured home park or 6.17recreational camping area shall pay an additional annual fee for each fee category 6.18specified in this paragraph: 6.19(1) Manufactured home parks and recreational camping areas with public swimming 6.20pools and spas shall pay the appropriate fees specified in section 157.16. 6.21(2) Individual private sewer or water, $60. "Individual private water" means a fee 6.22category with a water supply other than a community public water supply as defined in 6.23Minnesota Rules, chapter 4720. "Individual private sewer" means a fee category with a 6.24subsurface sewage treatment system which uses subsurface treatment and disposal. 6.25(d) The following fees must accompany a plan review application for initial 6.26construction of a manufactured home park or recreational camping area: 6.27(1) for initial construction of less than 25 sites, $375; 6.28(2) for initial construction of 25 to 99 sites, $400; and 6.29(3) for initial construction of 100 or more sites, $500. 6.30(e) The following fees must accompany a plan review application when an existing 6.31manufactured home park or recreational camping area is expanded: 6.32(1) for expansion of less than 25 sites, $250; 6.33(2) for expansion of 25 to 99 sites, $300; and 6.34(3) for expansion of 100 or more sites, $450. 6.35    Sec. 4. new text begin FOOD SUPPORT FOR CHILDREN WITH SEVERE ALLERGIES. new text end 7.1 new text begin The commissioner of human services must seek a federal waiver from the federal new text end 7.2 new text begin Department of Agriculture, Food and Nutrition Service, for the supplemental nutrition new text end 7.3 new text begin assistance program, to increase the income eligibility requirements to 375 percent of the new text end 7.4 new text begin federal poverty guidelines, in order to cover nutritional food products required to treat new text end 7.5 new text begin or manage severe food allergies, including allergies to wheat and gluten, for infants and new text end 7.6 new text begin children who have been diagnosed with life-threatening severe food allergies. new text end 7.7ARTICLE 2 7.8HEALTH AND HUMAN SERVICES APPROPRIATIONS 7.9 Section 1. new text begin SUMMARY OF APPROPRIATIONS. new text end 7.10 new text begin The amounts shown in this section summarize direct appropriations, by fund, made new text end 7.11 new text begin in this article. new text end 7.12 new text begin 2010 new text end new text begin 2011 new text end new text begin Total new text end 7.13 new text begin General new text end new text begin $ new text end new text begin (269,000) new text end new text begin $ new text end new text begin (554,000) new text end new text begin $ new text end new text begin (823,000) new text end 7.14 7.15 new text begin State Government Special new text end new text begin Revenue new text end new text begin (301,000) new text end new text begin (442,000) new text end new text begin (743,000) new text end 7.16 new text begin Total new text end new text begin $ new text end new text begin (570,000) new text end new text begin $ new text end new text begin (996,000) new text end new text begin $ new text end new text begin (1,566,000) new text end 7.17 Sec. 2. new text begin HEALTH AND HUMAN SERVICES APPROPRIATIONS. new text end 7.18 new text begin The sums shown in the columns marked "Appropriations" are added to or, if shown new text end 7.19 new text begin in parentheses, subtracted from the appropriations in Laws 2009, chapter 79, article 13, new text end 7.20 new text begin as amended by Laws 2009, chapter 173, article 2, to the agencies and for the purposes new text end 7.21 new text begin specified in this article. The appropriations are from the general fund and are available new text end 7.22 new text begin for the fiscal years indicated for each purpose. The figures "2010" and "2011" used in new text end 7.23 new text begin this article mean that the addition to or subtraction from the appropriation listed under new text end 7.24 new text begin them is available for the fiscal year ending June 30, 2010, or June 30, 2011, respectively. new text end 7.25 new text begin Supplemental appropriations and reductions to appropriations for the fiscal year ending new text end 7.26 new text begin June 30, 2010, are effective the day following final enactment unless a different effective new text end 7.27 new text begin date is explicit. new text end 7.28 new text begin APPROPRIATIONS new text end 7.29 new text begin Available for the Year new text end 7.30 new text begin Ending June 30 new text end 7.31 new text begin 2010 new text end new text begin 2011 new text end 7.32 7.33 Sec. 3. new text begin COMMISSIONER OF HUMAN new text end new text begin SERVICES new text end 7.34 7.35 new text begin Other Children and Economic Assistance new text end new text begin Grants new text end new text begin -0- new text end new text begin 63,000 new text end 8.1 new text begin This appropriation is for food shelf programs new text end 8.2 new text begin under Minnesota Statutes, section 256E.34. new text end 8.3 Sec. 4. new text begin COMMISSIONER OF HEALTH new text end 8.4 new text begin APPROPRIATIONS new text end 8.5 new text begin Available for the Year new text end 8.6 new text begin Ending June 30 new text end 8.7 new text begin 2010 new text end new text begin 2011 new text end 8.8 new text begin Subdivision 1. new text end new text begin Total Appropriation new text end new text begin $ new text end new text begin (595,000) new text end new text begin $ new text end new text begin (426,000) new text end 8.9 new text begin Appropriations by Fund new text end 8.10 new text begin 2010 new text end new text begin 2011 new text end 8.11 new text begin General new text end new text begin (595,000) new text end new text begin (426,000) new text end 8.12 new text begin Subd. 2. new text end new text begin Community and Family Health new text end 8.13 new text begin Appropriations by Fund new text end 8.14 new text begin 2010 new text end new text begin 2011 new text end 8.15 new text begin General new text end new text begin (221,000) new text end new text begin (121,000) new text end 8.16 new text begin Base Level Adjustment. new text end new text begin The general fund new text end 8.17 new text begin base is reduced by $31,000 in fiscal year new text end 8.18 new text begin 2012 and by $31,000 in fiscal year 2013. new text end 8.19 new text begin Subd. 3. new text end new text begin Health Protection new text end 8.20 new text begin Appropriations by Fund new text end 8.21 new text begin 2010 new text end new text begin 2011 new text end 8.22 new text begin General new text end new text begin (374,000) new text end new text begin (205,000) new text end 8.23 new text begin Lead Base Grant Program. new text end new text begin Of the general new text end 8.24 new text begin fund reduction, $25,000 in fiscal year 2010 new text end 8.25 new text begin and fiscal year 2011 is for the elimination new text end 8.26 new text begin of state funding for the temporary lead-safe new text end 8.27 new text begin housing base grant program. new text end 8.28 new text begin Base Adjustment. new text end new text begin The general fund base is new text end 8.29 new text begin decreased by $100,000 in fiscal year 2012 new text end 8.30 new text begin and $100,000 in fiscal year 2013. new text end 8.31 new text begin Subd. 4. new text end new text begin Administrative Support Services new text end new text begin -0- new text end new text begin (100,000) new text end 8.32 Sec. 5. new text begin HEALTH-RELATED BOARDS new text end 8.33 new text begin Subdivision 1. new text end new text begin Total Appropriation new text end new text begin $ new text end new text begin (288,000) new text end new text begin $ new text end new text begin (421,000) new text end 9.1 new text begin The appropriations and reductions in this new text end 9.2 new text begin section are from the state government special new text end 9.3 new text begin revenue fund. new text end 9.4 new text begin In fiscal year 2010, $301,000 shall be new text end 9.5 new text begin transferred from the state government special new text end 9.6 new text begin revenue fund to the general fund. In fiscal new text end 9.7 new text begin year 2011, $442,000 shall be transferred from new text end 9.8 new text begin the state government special revenue fund new text end 9.9 new text begin to the general fund. These transfers are in new text end 9.10 new text begin addition to those made in Laws 2009, chapter new text end 9.11 new text begin 79, article 13, section 5, as amended by Laws new text end 9.12 new text begin 2009, chapter 173, article 2, section 3. new text end 9.13 new text begin The reductions and transfers in this section new text end 9.14 new text begin are onetime in the fiscal year 2010-2011 new text end 9.15 new text begin biennium. new text end 9.16 new text begin The appropriations and reductions for new text end 9.17 new text begin each purpose are shown in the following new text end 9.18 new text begin subdivisions. new text end 9.19 new text begin Subd. 2. new text end new text begin Board of Chiropractic Examiners new text end new text begin (9,000) new text end new text begin (14,000) new text end 9.20 new text begin Subd. 3. new text end new text begin Board of Dentistry new text end new text begin (21,000) new text end new text begin (31,000) new text end 9.21 9.22 new text begin Subd. 4. new text end new text begin Board of Dietetic and Nutrition new text end new text begin Practice new text end new text begin (2,000) new text end new text begin (3,000) new text end 9.23 9.24 new text begin Subd. 5. new text end new text begin Board of Marriage and Family new text end new text begin Therapy new text end new text begin (2,000) new text end new text begin (4,000) new text end 9.25 new text begin Subd. 6. new text end new text begin Board of Medical Practice new text end new text begin (73,000) new text end new text begin (112,000) new text end 9.26 new text begin Subd. 7. new text end new text begin Board of Nursing new text end new text begin (62,000) new text end new text begin (100,000) new text end 9.27 9.28 new text begin Subd. 8. new text end new text begin Board of Nursing Home new text end new text begin Administrators new text end new text begin (36,000) new text end new text begin (31,000) new text end 9.29 9.30 new text begin (a) new text end new text begin Administrative Services new text end new text begin Unit-Operating Costs new text end new text begin (11,000) new text end new text begin (16,000) new text end 9.31 9.32 new text begin (b) new text end new text begin Administrative Services new text end new text begin Unit-Retirement Costs new text end new text begin (5,000) new text end new text begin -0- new text end 10.1 10.2 10.3 new text begin (c) new text end new text begin Administrative Services new text end new text begin Unit-Volunteer Health Care new text end new text begin Provider Program new text end new text begin (1,000) new text end new text begin (3,000) new text end 10.4 10.5 10.6 new text begin (d) new text end new text begin Administrative Services new text end new text begin Unit-Contested Cases and new text end new text begin Other Legal Proceedings new text end new text begin (15,000) new text end new text begin (6,000) new text end 10.7 new text begin Subd. 9. new text end new text begin Board of Optometry new text end new text begin (2,000) new text end new text begin (3,000) new text end 10.8 new text begin Subd. 10. new text end new text begin Board of Pharmacy new text end new text begin (28,000) new text end new text begin (42,000) new text end 10.9 new text begin Subd. 11. new text end new text begin Board of Physical Therapy new text end new text begin (6,000) new text end new text begin (9,000) new text end 10.10 new text begin Subd. 12. new text end new text begin Board of Podiatry new text end new text begin (1,000) new text end new text begin (2,000) new text end 10.11 new text begin Subd. 13. new text end new text begin Board of Psychology new text end new text begin (16,000) new text end new text begin (24,000) new text end 10.12 new text begin Subd. 14. new text end new text begin Board of Social Work new text end new text begin (18,000) new text end new text begin (28,000) new text end 10.13 new text begin Subd. 15. new text end new text begin Board of Veterinary Medicine new text end new text begin (4,000) new text end new text begin (6,000) new text end 10.14 10.15 new text begin Subd. 16. new text end new text begin Board of Behavioral Health and new text end new text begin Therapy new text end new text begin (8,000) new text end new text begin (12,000) new text end 10.16 10.17 Sec. 6. new text begin EMERGENCY MEDICAL SERVICES new text end new text begin BOARD new text end new text begin 348,000 new text end new text begin (154,000) new text end 10.18 new text begin Appropriations by Fund new text end 10.19 new text begin 2010 new text end new text begin 2011 new text end 10.20 new text begin General new text end new text begin 361,000 new text end new text begin (133,000) new text end 10.21 10.22 new text begin State Government new text end new text begin Special Revenue new text end new text begin (13,000) new text end new text begin (21,000) new text end 10.23 new text begin (a) new text end new text begin Longevity Award and Incentive Program new text end new text begin (19,000) new text end new text begin (19,000) new text end 10.24 new text begin (b) new text end new text begin Health Professional Services Program new text end new text begin (13,000) new text end new text begin (21,000) new text end 10.25 new text begin This reduction is from the state government new text end 10.26 new text begin special revenue fund and is onetime in the new text end 10.27 new text begin 2010-2011 biennium. new text end 10.28 new text begin Emergency Medical Services Relief new text end 10.29 new text begin Transfer. new text end new text begin $10,000 in fiscal year 2010 new text end 10.30 new text begin and $24,000 in fiscal year 2011 shall be new text end 10.31 new text begin transferred to the general fund from the new text end 10.32 new text begin portion of the emergency medical services new text end 10.33 new text begin relief account in the special revenue fund new text end 10.34 new text begin otherwise designated for distribution by new text end 10.35 new text begin the Emergency Medical Services Board new text end 11.1 new text begin under Minnesota Statutes, section 169.686, new text end 11.2 new text begin subdivision 3. These transfers are onetime in new text end 11.3 new text begin the 2010-2011 biennium. new text end 11.4 Sec. 7. new text begin COUNCIL ON DISABILITY new text end new text begin $ new text end new text begin (-0-) new text end new text begin $ new text end new text begin (-0-) new text end 11.5 11.6 11.7 Sec. 8. new text begin OMBUDSMAN FOR MENTAL new text end new text begin HEALTH AND DEVELOPMENTAL new text end new text begin DISABILITIES new text end new text begin $ new text end new text begin (31,000) new text end new text begin $ new text end new text begin (50,000) new text end 11.8 Sec. 9. new text begin OMBUDSPERSON FOR FAMILIES new text end new text begin $ new text end new text begin (4,000) new text end new text begin $ new text end new text begin (8,000) new text end 11.9    Sec. 10. Minnesota Statutes 2008, section 214.40, subdivision 7, is amended to read: 11.10    Subd. 7. Medical professional liability insurance. (a) new text begin Within the limit of funds new text end 11.11 new text begin appropriated for this program, new text end the administrative services unit must purchase medical 11.12professional liability insurance, if available, for a health care provider who is registered in 11.13accordance with subdivision 4 and who is not otherwise covered by a medical professional 11.14liability insurance policy or self-insured plan either personally or through another facility 11.15or employer. new text begin The administrative services unit is authorized to prorate payments or new text end 11.16 new text begin otherwise limit the number of participants in the program if the costs of the insurance for new text end 11.17 new text begin eligible providers exceed the funds appropriated for the program. new text end 11.18(b) Coverage purchased under this subdivision must be limited to the provision of 11.19health care services performed by the provider for which the provider does not receive 11.20direct monetary compensation. 11.21 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 11.22    Sec. 11. Laws 2009, chapter 79, article 13, section 3, subdivision 4, as amended by 11.23Laws 2009, chapter 173, article 2, section 1, subdivision 4, is amended to read: 11.24 11.25 Subd. 4.Children and Economic Assistance Grants11.26The amounts that may be spent from this 11.27appropriation for each purpose are as follows: 11.28 (a) MFIP/DWP Grants 11.29 Appropriations by Fund 11.30 General 63,205,000 89,033,000 11.31 Federal TANF 100,818,000 84,538,000 12.1 (b) Support Services Grants 12.2 Appropriations by Fund 12.3 General 8,715,000 12,498,000 12.4 Federal TANF 116,557,000 107,457,000 12.5MFIP Consolidated Fund. The MFIP 12.6consolidated fund TANF appropriation is 12.7reduced by $1,854,000 in fiscal year 2010 12.8and fiscal year 2011. 12.9Notwithstanding Minnesota Statutes, section 12.10256J.626, subdivision 8 , paragraph (b), the 12.11commissioner shall reduce proportionately 12.12the reimbursement to counties for 12.13administrative expenses. 12.14Subsidized Employment Funding Through 12.15ARRA. The commissioner is authorized to 12.16apply for TANF emergency fund grants for 12.17subsidized employment activities. Growth 12.18in expenditures for subsidized employment 12.19within the supported work program and the 12.20MFIP consolidated fund over the amount 12.21expended in the calendar quarters in the 12.22TANF emergency fund base year shall be 12.23used to leverage the TANF emergency fund 12.24grants for subsidized employment and to 12.25fund supported work. The commissioner 12.26shall develop procedures to maximize 12.27reimbursement of these expenditures over the 12.28TANF emergency fund base year quarters, 12.29and may contract directly with employers 12.30and providers to maximize these TANF 12.31emergency fund grants. 12.32Supported Work. Of the TANF 12.33appropriation, $4,700,000 in fiscal year 2010 12.34and $4,700,000 in fiscal year 2011 are to the 12.35commissioner for supported work for MFIP 13.1recipients and is available until expended. 13.2Supported work includes paid transitional 13.3work experience and a continuum of 13.4employment assistance, including outreach 13.5and recruitment, program orientation 13.6and intake, testing and assessment, job 13.7development and marketing, preworksite 13.8training, supported worksite experience, 13.9job coaching, and postplacement follow-up, 13.10in addition to extensive case management 13.11and referral services. This is a onetime 13.12appropriation. 13.13Base Adjustment. The general fund base 13.14is reduced by $3,783,000 in each of fiscal 13.15years 2012 and 2013. The TANF fund base 13.16is increased by $5,004,000 in each of fiscal 13.17years 2012 and 2013. 13.18Integrated Services Program Funding. 13.19The TANF appropriation for integrated 13.20services program funding is $1,250,000 in 13.21fiscal year 2010 and $0 in fiscal year 2011 13.22and the base for fiscal years 2012 and 2013 13.23is $0. 13.24TANF Emergency Fund; Nonrecurrent 13.25Short-Term Benefits. TANF emergency 13.26contingency fund grants received due to 13.27increases in expenditures for nonrecurrent 13.28short-term benefits must be used to offset the 13.29increase in these expenditures for counties 13.30under the MFIP consolidated fund, under 13.31Minnesota Statutes, section 256J.626, 13.32and the diversionary work program. The 13.33commissioner shall develop procedures 13.34to maximize reimbursement of these 13.35expenditures over the TANF emergency fund 14.1base year quarters. Growth in expenditures 14.2for the diversionary work program over the 14.3amount expended in the calendar quarters in 14.4the TANF emergency fund base year shall be 14.5used to leverage these funds. 14.6 (c) MFIP Child Care Assistance Grants 61,171,000 65,214,000 14.7Acceleration of ARRA Child Care and 14.8Development Fund Expenditure. The 14.9commissioner must liquidate all child care 14.10and development money available under 14.11the American Recovery and Reinvestment 14.12Act (ARRA) of 2009, Public Law 111-5, 14.13by September 30, 2010. In order to expend 14.14those funds by September 30, 2010, the 14.15commissioner may redesignate and expend 14.16the ARRA child care and development funds 14.17appropriated in fiscal year 2011 for purposes 14.18under this section for related purposes that 14.19will allow liquidation by September 30, 14.202010. Child care and development funds 14.21otherwise available to the commissioner 14.22for those related purposes shall be used to 14.23fund the purposes from which the ARRA 14.24child care and development funds had been 14.25redesignated. 14.26School Readiness Service Agreements. 14.27$400,000 in fiscal year 2010 and $400,000 14.28in fiscal year 2011 are from the federal 14.29TANF fund to the commissioner of human 14.30services consistent with federal regulations 14.31for the purpose of school readiness service 14.32agreements under Minnesota Statutes, 14.33section 119B.231. This is a onetime 14.34appropriation. Any unexpended balance the 14.35first year is available in the second year. 15.1 15.2 (d) Basic Sliding Fee Child Care Assistance Grants 40,100,000 45,092,000 15.3School Readiness Service Agreements. 15.4$257,000 in fiscal year 2010 and $257,000 15.5in fiscal year 2011 are from the general 15.6fund for the purpose of school readiness 15.7service agreements under Minnesota 15.8Statutes, section 119B.231. This is a onetime 15.9appropriation. Any unexpended balance the 15.10first year is available in the second year. 15.11Child Care Development Fund 15.12Unexpended Balance. In addition to 15.13the amount provided in this section, the 15.14commissioner shall expend $5,244,000 in 15.15fiscal year 2010 from the federal child care 15.16development fund unexpended balance 15.17for basic sliding fee child care under 15.18Minnesota Statutes, section 119B.03. The 15.19commissioner shall ensure that all child 15.20care and development funds are expended 15.21according to the federal child care and 15.22development fund regulations. 15.23Basic Sliding Fee. $4,000,000 in fiscal year 15.242010 and $4,000,000 in fiscal year 2011 are 15.25from the federal child care development 15.26funds received from the American Recovery 15.27and Reinvestment Act of 2009, Public 15.28Law 111-5, to the commissioner of human 15.29services consistent with federal regulations 15.30for the purpose of basic sliding fee child care 15.31assistance under Minnesota Statutes, section 15.32119B.03 . This is a onetime appropriation. 15.33Any unexpended balance the first year is 15.34available in the second year. 16.1Basic Sliding Fee Allocation for Calendar 16.2Year 2010. Notwithstanding Minnesota 16.3Statutes, section 119B.03, subdivision 6, 16.4in calendar year 2010, basic sliding fee 16.5funds shall be distributed according to 16.6this provision. Funds shall be allocated 16.7first in amounts equal to each county's 16.8guaranteed floor, according to Minnesota 16.9Statutes, section 119B.03, subdivision 8, 16.10with any remaining available funds allocated 16.11according to the following formula: 16.12(a) Up to one-fourth of the funds shall be 16.13allocated in proportion to the number of 16.14families participating in the transition year 16.15child care program as reported during and 16.16averaged over the most recent six months 16.17completed at the time of the notice of 16.18allocation. Funds in excess of the amount 16.19necessary to serve all families in this category 16.20shall be allocated according to paragraph (d). 16.21(b) Up to three-fourths of the funds shall 16.22be allocated in proportion to the average 16.23of each county's most recent six months of 16.24reported waiting list as defined in Minnesota 16.25Statutes, section 119B.03, subdivision 2, and 16.26the reinstatement list of those families whose 16.27assistance was terminated with the approval 16.28of the commissioner under Minnesota Rules, 16.29part 3400.0183, subpart 1. Funds in excess 16.30of the amount necessary to serve all families 16.31in this category shall be allocated according 16.32to paragraph (d). 16.33(c) The amount necessary to serve all families 16.34in paragraphs (a) and (b) shall be calculated 16.35based on the basic sliding fee average cost of 17.1care per family in the county with the highest 17.2cost in the most recently completed calendar 17.3year. 17.4(d) Funds in excess of the amount necessary 17.5to serve all families in paragraphs (a) and 17.6(b) shall be allocated in proportion to each 17.7county's total expenditures for the basic 17.8sliding fee child care program reported 17.9during the most recent fiscal year completed 17.10at the time of the notice of allocation. To 17.11the extent that funds are available, and 17.12notwithstanding Minnesota Statutes, section 17.13119B.03, subdivision 8 , for the period 17.14January 1, 2011, to December 31, 2011, each 17.15county's guaranteed floor must be equal to its 17.16original calendar year 2010 allocation. 17.17Base Adjustment. The general fund base is 17.18decreased by $257,000 in each of fiscal years 17.192012 and 2013. 17.20 (e) Child Care Development Grants 1,487,000 1,487,000 17.21Family, friends, and neighbor grants. 17.22$375,000 in fiscal year 2010 and $375,000 17.23in fiscal year 2011 are from the child 17.24care development fund required targeted 17.25quality funds for quality expansion and 17.26infant/toddler from the American Recovery 17.27and Reinvestment Act of 2009, Public 17.28Law 111-5, to the commissioner of human 17.29services for family, friends, and neighbor 17.30grants under Minnesota Statutes, section 17.31119B.232 . This appropriation may be used 17.32on programs receiving family, friends, and 17.33neighbor grant funds as of June 30, 2009, 17.34or on new programs or projects. This is a 17.35onetime appropriation. Any unexpended 18.1balance the first year is available in the 18.2second year. 18.3Voluntary quality rating system training, 18.4coaching, consultation, and supports. 18.5$633,000 in fiscal year 2010 and $633,000 18.6in fiscal year 2011 are from the federal child 18.7care development fund required targeted 18.8quality funds for quality expansion and 18.9infant/toddler from the American Recovery 18.10and Reinvestment Act of 2009, Public 18.11Law 111-5, to the commissioner of human 18.12services consistent with federal regulations 18.13for the purpose of providing grants to provide 18.14statewide child-care provider training, 18.15coaching, consultation, and supports to 18.16prepare for the voluntary Minnesota quality 18.17rating system rating tool. This is a onetime 18.18appropriation. Any unexpended balance the 18.19first year is available in the second year. 18.20Voluntary quality rating system. $184,000 18.21in fiscal year 2010 and $1,200,000 in fiscal 18.22year 2011 are from the federal child care 18.23development fund required targeted funds for 18.24quality expansion and infant/toddler from the 18.25American Recovery and Reinvestment Act of 18.262009, Public Law 111-5, to the commissioner 18.27of human services consistent with federal 18.28regulations for the purpose of implementing 18.29the voluntary Parent Aware quality star 18.30rating system pilot in coordination with the 18.31Minnesota Early Learning Foundation. The 18.32appropriation for the first year is to complete 18.33and promote the voluntary Parent Aware 18.34quality rating system pilot program through 18.35June 30, 2010, and the appropriation for 18.36the second year is to continue the voluntary 19.1Minnesota quality rating system pilot 19.2through June 30, 2011. This is a onetime 19.3appropriation. Any unexpended balance the 19.4first year is available in the second year. 19.5 (f) Child Support Enforcement Grants 3,705,000 3,705,000 19.6 (g) Children's Services Grants 19.7 Appropriations by Fund 19.8 General 48,333,000 50,498,000 19.9 Federal TANF 340,000 240,000 19.10Base Adjustment. The general fund base is 19.11decreased by $5,371,000 in fiscal year 2012 19.12and decreased $5,371,000 in fiscal year 2013. 19.13Privatized Adoption Grants. Federal 19.14reimbursement for privatized adoption grant 19.15and foster care recruitment grant expenditures 19.16is appropriated to the commissioner for 19.17adoption grants and foster care and adoption 19.18administrative purposes. 19.19Adoption Assistance Incentive Grants. 19.20Federal funds available during fiscal year 19.212010 and fiscal year 2011 for the adoption 19.22incentive grants are appropriated to the 19.23commissioner for postadoption services 19.24including parent support groups. 19.25Adoption Assistance and Relative Custody 19.26Assistance. The commissioner may transfer 19.27unencumbered appropriation balances for 19.28adoption assistance and relative custody 19.29assistance between fiscal years and between 19.30programs. 19.31 (h) Children and Community Services Grants 67,663,000 67,542,000 19.32Targeted Case Management Temporary 19.33Funding Adjustment. The commissioner 19.34shall recover from each county and tribe 20.1receiving a targeted case management 20.2temporary funding payment in fiscal year 20.32008 an amount equal to that payment. The 20.4commissioner shall recover one-half of the 20.5funds by February 1, 2010, and the remainder 20.6by February 1, 2011. At the commissioner's 20.7discretion and at the request of a county 20.8or tribe, the commissioner may revise 20.9the payment schedule, but full payment 20.10must not be delayed beyond May 1, 2011. 20.11The commissioner may use the recovery 20.12procedure under Minnesota Statutes, section 20.13256.017 , to recover the funds. Recovered 20.14funds must be deposited into the general 20.15fund. 20.16 (i) General Assistance Grants 48,215,000 48,608,000 20.17General Assistance Standard. The 20.18commissioner shall set the monthly standard 20.19of assistance for general assistance units 20.20consisting of an adult recipient who is 20.21childless and unmarried or living apart 20.22from parents or a legal guardian at $203. 20.23The commissioner may reduce this amount 20.24according to Laws 1997, chapter 85, article 20.253, section 54. 20.26Emergency General Assistance. The 20.27amount appropriated for emergency general 20.28assistance funds is limited to no more 20.29than $7,889,812 in fiscal year 2010 and 20.30$7,889,812 in fiscal year 2011. Funds 20.31to counties must be allocated by the 20.32commissioner using the allocation method 20.33specified in Minnesota Statutes, section 20.34256D.06 . 20.35 (j) Minnesota Supplemental Aid Grants 33,930,000 35,191,000 21.1Emergency Minnesota Supplemental 21.2Aid Funds. The amount appropriated for 21.3emergency Minnesota supplemental aid 21.4funds is limited to no more than $1,100,000 21.5in fiscal year 2010 and $1,100,000 in fiscal 21.6year 2011. Funds to counties must be 21.7allocated by the commissioner using the 21.8allocation method specified in Minnesota 21.9Statutes, section 256D.46. 21.10 (k) Group Residential Housing Grants 111,778,000 114,034,000 21.11Group Residential Housing Costs 21.12Refinanced. (a) Effective July 1, 2011, the 21.13commissioner shall increase the home and 21.14community-based service rates and county 21.15allocations provided to programs for persons 21.16with disabilities established under section 21.171915(c) of the Social Security Act to the 21.18extent that these programs will be paying 21.19for the costs above the rate established 21.20in Minnesota Statutes, section 256I.05, 21.21subdivision 1 . 21.22(b) For persons receiving services under 21.23Minnesota Statutes, section 245A.02, who 21.24reside in licensed adult foster care beds 21.25for which a difficulty of care payment 21.26was being made under Minnesota Statutes, 21.27section 256I.05, subdivision 1c, paragraph 21.28(b), counties may request an exception to 21.29the individual's service authorization not to 21.30exceed the difference between the client's 21.31monthly service expenditures plus the 21.32amount of the difficulty of care payment. 21.33 (l) Children's Mental Health Grants 16,885,000 16,882,000 21.34Funding Usage. Up to 75 percent of a fiscal 21.35year's appropriation for children's mental 22.1health grants may be used to fund allocations 22.2in that portion of the fiscal year ending 22.3December 31. 22.4 22.5 (m) Other Children and Economic Assistance Grants 16,047,000 15,339,000 22.6Fraud Prevention Grants. Of this 22.7appropriation, $228,000 in fiscal year 2010 22.8and $228,000 in fiscal year 2011 is to the 22.9commissioner for fraud prevention grants to 22.10counties. 22.11 new text begin Food Shelf Programs. new text end new text begin Of this appropriation, new text end 22.12 new text begin $151,000 in fiscal year 2011 is for food shelf new text end 22.13 new text begin programs under Minnesota Statutes, section new text end 22.14 new text begin 256E.34. This funding is onetime. new text end 22.15Homeless and Runaway Youth. $218,000 22.16in fiscal year 2010 is for the Runaway 22.17and Homeless Youth Act under Minnesota 22.18Statutes, section 256K.45. Funds shall be 22.19spent in each area of the continuum of care 22.20to ensure that programs are meeting the 22.21greatest need. Any unexpended balance in 22.22the first year is available in the second year. 22.23Beginning July 1, 2011, the base is increased 22.24by $119,000 each year. 22.25ARRA Homeless Youth Funds. To the 22.26extent permitted under federal law, the 22.27commissioner shall designate $2,500,000 22.28of the Homeless Prevention and Rapid 22.29Re-Housing Program funds provided under 22.30the American Recovery and Reinvestment 22.31Act of 2009, Public Law 111-5, for agencies 22.32providing homelessness prevention and rapid 22.33rehousing services to youth. 22.34Supportive Housing Services. $1,500,000 22.35each year is for supportive services under 23.1Minnesota Statutes, section 256K.26. This is 23.2a onetime appropriation. 23.3Community Action Grants. Community 23.4action grants are reduced one time by 23.5$1,794,000 each year. This reduction is due 23.6to the availability of federal funds under the 23.7American Recovery and Reinvestment Act. 23.8Base Adjustment. The general fund base 23.9is increased by $773,000 new text begin $903,000 new text end in fiscal 23.10year 2012 and $773,000 new text begin $413,000 new text end in fiscal 23.11year 2013. 23.12Federal ARRA Funds for Existing 23.13Programs. (a) new text begin (1) new text end Federal funds received by 23.14the commissioner for the emergency food 23.15and shelter program from the American 23.16Recovery and Reinvestment Act of 2009, 23.17Public Law 111-5, but not previously 23.18approved by the legislature are appropriated 23.19to the commissioner for the purposes of the 23.20grant program. 23.21(b) new text begin (2) new text end Federal funds received by the 23.22commissioner for the emergency shelter 23.23grant program including the Homelessness 23.24Prevention and Rapid Re-Housing 23.25Program from the American Recovery and 23.26Reinvestment Act of 2009, Public Law 23.27111-5, are appropriated to the commissioner 23.28for the purposes of the grant programs. 23.29(c) new text begin (3) new text end Federal funds received by the 23.30commissioner for the emergency food 23.31assistance program from the American 23.32Recovery and Reinvestment Act of 2009, 23.33Public Law 111-5, are appropriated to the 23.34commissioner for the purposes of the grant 23.35program. 24.1(d) new text begin (4) new text end Federal funds received by the 24.2commissioner for senior congregate meals 24.3and senior home-delivered meals from the 24.4American Recovery and Reinvestment Act 24.5of 2009, Public Law 111-5, are appropriated 24.6to the commissioner for the Minnesota Board 24.7on Aging, for purposes of the grant programs. 24.8(e) new text begin (5) new text end Federal funds received by the 24.9commissioner for the community services 24.10block grant program from the American 24.11Recovery and Reinvestment Act of 2009, 24.12Public Law 111-5, are appropriated to the 24.13commissioner for the purposes of the grant 24.14program. 24.15Long-Term Homeless Supportive 24.16Service Fund Appropriation. To the 24.17extent permitted under federal law, the 24.18commissioner shall designate $3,000,000 24.19of the Homelessness Prevention and Rapid 24.20Re-Housing Program funds provided under 24.21the American Recovery and Reinvestment 24.22Act of 2009, Public Law, 111-5, to the 24.23long-term homeless service fund under 24.24Minnesota Statutes, section 256K.26. This 24.25appropriation shall become available by July 24.261, 2009. This paragraph is effective the day 24.27following final enactment. 24.28    Sec. 12. Laws 2009, chapter 79, article 13, section 5, subdivision 8, as amended by 24.29Laws 2009, chapter 173, article 2, section 3, subdivision 8, is amended to read: 24.30 24.31 Subd. 8.Board of Nursing Home Administrators 1,211,000 1,023,000 24.32Administrative Services Unit - Operating 24.33Costs. Of this appropriation, $524,000 24.34in fiscal year 2010 and $526,000 in 24.35fiscal year 2011 are for operating costs 25.1of the administrative services unit. The 25.2administrative services unit may receive 25.3and expend reimbursements for services 25.4performed by other agencies. 25.5Administrative Services Unit - Retirement 25.6Costs. Of this appropriation in fiscal year 25.72010, $201,000 is for onetime retirement 25.8costs in the health-related boards. This 25.9funding may be transferred to the health 25.10boards incurring those costs for their 25.11payment. These funds are available either 25.12year of the biennium. 25.13Administrative Services Unit - Volunteer 25.14Health Care Provider Program. Of this 25.15appropriation, $79,000 in fiscal year 2010 25.16and $89,000 in fiscal year 2011 are to pay 25.17for medical professional liability coverage 25.18required under Minnesota Statutes, section 25.19214.40 . 25.20Administrative Services Unit - Contested 25.21Cases and Other Legal Proceedings. Of 25.22this appropriation, $200,000 in fiscal year 25.232010 and $200,000 in fiscal year 2011 are 25.24for costs of contested case hearings and other 25.25unanticipated costs of legal proceedings 25.26involving health-related boards funded 25.27under this section new text begin and for unforeseen new text end 25.28 new text begin expenditures of an urgent nature new text end . Upon 25.29certification of a health-related board to the 25.30administrative services unit that the costs 25.31will be incurred and that there is insufficient 25.32money available to pay for the costs out of 25.33money currently available to that board, the 25.34administrative services unit is authorized 25.35to transfer money from this appropriation 26.1to the board for payment of those costs 26.2with the approval of the commissioner of 26.3finance. This appropriation does not cancel. 26.4Any unencumbered and unspent balances 26.5remain available for these expenditures in 26.6subsequent fiscal years. new text begin The boards receiving new text end 26.7 new text begin funds under this section shall include these new text end 26.8 new text begin amounts when setting fees to cover their new text end 26.9 new text begin costs. new text end 26.10    Sec. 13. new text begin EFFECTIVE DATE. new text end 26.11 new text begin The provisions in this article are effective July 1, 2010, unless a different effective new text end 26.12 new text begin date is explicit. new text end