1.1A bill for an act1.2relating to the state budget; balancing proposed general fund spending and 1.3anticipated general fund revenue; modifying certain payment schedules to 1.4improve cash flow; making reductions in appropriations for E-12 education, 1.5higher education, environment and natural resources, energy and commerce, 1.6agriculture, economic development, transportation, public safety, state 1.7government, human services, and health; modifying calculation of state tax aids 1.8and credits; providing for deposit of certain receipts in the special revenue 1.9fund rather than the general fund; adding a fourth tier to income tax rates; 1.10appropriating money;amending Minnesota Statutes 2008, sections 3.9741, 1.11subdivision 2; 8.15, subdivision 3; 13.03, subdivision 10; 16C.23, subdivision 1.126; 103B.101, subdivision 9; 103I.681, subdivision 11; 116J.551, subdivision 1; 1.13123B.75, subdivisions 5, 9, by adding a subdivision; 126C.48, subdivision 7; 1.14127A.441; 127A.45, subdivisions 2, 13; 127A.46; 190.32; 256B.76, subdivision 1.154; 257.69, subdivision 2; 260C.331, subdivision 6; 273.1384, subdivision 6, 1.16as added; 276.112; 289A.60, by adding a subdivision; 290.06, subdivision 2d; 1.17299C.48; 299E.02; 446A.086, subdivision 2, as amended; 469.177, subdivision 1.1811; 518.165, subdivision 3; 609.3241; 611.20, subdivision 3; Minnesota Statutes 1.192009 Supplement, sections 123B.54; 137.025, subdivision 1; 256B.056, 1.20subdivision 3c; 256B.0659, subdivision 11; 256B.441, subdivision 55; 256B.69, 1.21subdivision 5a; 256B.76, subdivision 1; 256B.766; 270.97; 289A.20, subdivision 1.224; 290.06, subdivision 2c; Laws 1994, chapter 531, section 1; Laws 2009, 1.23chapter 79, article 13, sections 3, subdivision 8, as amended; 4, subdivision 4, as 1.24amended; Laws 2009, chapter 96, article 1, section 24, subdivisions 2, 5, 6, 7; 1.25article 2, section 67, subdivisions 2, 3, 4, 7, 9; article 3, section 21, subdivisions 1.262, 3, 4, 5; article 4, section 12, subdivisions 2, 3, 4, 6; article 5, section 13, 1.27subdivisions 4, 6, 7, 9; article 6, section 11, subdivisions 2, 3, 4, 6, 7, 8, 9, 12; 1.28article 7, section 3, subdivision 2; Laws 2010, chapter 215, article 3, section 3, 1.29subdivision 6; article 13, section 6; proposing coding for new law in Minnesota 1.30Statutes, chapter 477A.1.31BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:1.32ARTICLE 11.33SUMMARY

1.34Section 1. GENERAL FUND SUMMARY.

2.1    The amounts shown in this section summarize general fund direct and open 2.2appropriations, and transfers into the general fund from other funds, made in this act, after 2.3forecast adjustments and after voiding certain allotment reductions.

2.420102011Total2.5E-12 Education$(1,069,361,000)$(686,073,000)$(1,755,434,000)2.6Higher Education(77,000)(100,077,000)(100,154,000)2.72.8Environment and Natural Resources(1,571,000)(1,564,000)(3,135,000)2.9Energy(247,000)(247,000)(494,000)2.10Agriculture(493,000)(492,000)(985,000)2.11Economic Development(745,000)(745,000)(1,490,000)2.12Transportation(1,649,000)(1,649,000)(3,298,000)2.13Public Safety(79,000)(79,000)(158,000)2.14State Government(1,694,000)(1,820,000)(3,514,000)2.15Health & Human Services(74,704,000)(75,150,000)(149,854,000)2.16Tax Aids and Credits(103,986,000)(260,504,000)(364,490,000)2.17Subtotal of Appropriations(1,254,530,000)(1,128,400,000)(2,382,930,000)2.18Transfers In40,418,000-0-40,418,0002.19Total$(1,294,948,000)$(1,128,400,000)$(2,423,348,000)

2.20    Sec. 2. ALLOTMENT REDUCTIONS VOID.2.21The allotment reductions made by the commissioner of management and budget 2.22from July 1, 2009, to the effective date of this section are void.2.23EFFECTIVE DATE.This section is effective the day following final enactment.2.24ARTICLE 22.25CASH FLOW2.26    Section 1. Minnesota Statutes 2008, section 127A.46, is amended to read:2.27127A.46 CHANGE IN PAYMENT OF AIDS AND CREDITS.2.28If the commissioner of management and budget determines that modifications in the 2.29payment schedule would reduce the need for state short-term borrowing, the commissioner 2.30shall may modify payments to districts according to this section. The modifications must 2.31begin no sooner than September 1 of each fiscal year, and must remain in effect until no 2.32later than May 30 of that same fiscal year. In calculating the payment to a district pursuant 2.33to section 
         127A.45, subdivision 3, the commissioner may subtract the sum specified in 2.34that subdivision, plus an additional amount no greater than the following: 3.1(1) the net cash balance in each of the district's operating funds on June 30 of the 3.2preceding fiscal year; minus3.3(2) the product of $150 $700 times the number of resident pupil units in the 3.4preceding fiscal year; minus3.5(3) the amount of payments made by the county treasurer during the preceding fiscal 3.6year, pursuant to section 
         276.11, which is considered revenue for the current school year. 3.7However, no additional amount shall be subtracted if the total of the net unappropriated 3.8fund balances in the district's four operating funds on June 30 of the preceding fiscal year, 3.9is less than the product of $350 $700 times the number of resident pupil units in the 3.10preceding fiscal year. The net cash balance must include all cash and investments, less 3.11certificates of indebtedness outstanding, and orders not paid for want of funds. 3.12A district may appeal the payment schedule established by this section according to 3.13the procedures established in section 
         127A.45, subdivision 4. 3.14    Sec. 2. Minnesota Statutes 2009 Supplement, section 137.025, subdivision 1, is 3.15amended to read:3.16    Subdivision 1. Monthly payments. The commissioner of management and budget 3.17shall pay 1/12 of the annual appropriation to the University of Minnesota onby the 21st3.1825th day of each month. If the 21st 25th day of the month falls on a Saturday or Sunday, 3.19the monthly payment must be made on by the first business day immediately following 3.20the 21st 25th day of the month.3.21    Sec. 3. Minnesota Statutes 2008, section 276.112, is amended to read:3.22276.112 STATE PROPERTY TAXES; COUNTY TREASURER.3.23On or before January 25 each year, for the period ending December 31 of the 3.24prior year, and on or before June 28 each year, for the period ending on the most recent 3.25settlement day determined in section 276.09, and on or before December 2 each year, for 3.26the period ending November 20 the estimated payment and settlement dates provided in 3.27this chapter for the settlement of taxes levied by school districts, the county treasurer must 3.28make full settlement with the county auditor according to sections 276.09, 276.10, and 3.29276.111 for all receipts of state property taxes levied under section 
         275.025, and must 3.30transmit those receipts to the commissioner of revenue by electronic means on the dates 3.31and according to the provisions applicable to distributions to school districts.3.32EFFECTIVE DATE.This section is effective for distributions beginning October 3.331, 2010, and thereafter.4.1    Sec. 4. Minnesota Statutes 2009 Supplement, section 289A.20, subdivision 4, is 4.2amended to read:4.3    Subd. 4. Sales and use tax. (a) The taxes imposed by chapter 297A are due and 4.4payable to the commissioner monthly on or before the 20th day of the month following 4.5the month in which the taxable event occurred, or following another reporting period 4.6as the commissioner prescribes or as allowed under section 
         289A.18, subdivision 4, 4.7paragraph (f) or (g), except that:4.8(1) use taxes due on an annual use tax return as provided under section 
         289A.11, 4.9subdivision 1
         , are payable by April 15 following the close of the calendar year.; and4.10(2) except as provided in paragraph (f), for a vendor having a liability of $120,000 4.11or more during a fiscal year ending June 30, 2009, and fiscal years thereafter, the taxes 4.12imposed by chapter 297A, except as provided in paragraph (b), are due and payable to the 4.13commissioner monthly in the following manner:4.14(i) on or before the 14th day of the month following the month in which the taxable 4.15event occurred, the vendor must remit to the commissioner 90 percent of the estimated 4.16liability for the month in which the taxable event occurred; and4.17(ii) on or before the 20th day of the month following the month in which the taxable 4.18event occurred, the vendor must pay any additional amount of tax not remitted on or 4.19before the 14th day of the month following the month in which the taxable event occurred.4.20    (b) Notwithstanding paragraph (a), a vendor having a liability of $120,000 or more 4.21during a fiscal year ending June 30 must remit the June liability for the next year in the 4.22following manner:4.23    (1) Two business days before June 30 of the year, the vendor must remit 90 percent 4.24of the estimated June liability to the commissioner.4.25    (2) On or before August 20 of the year, the vendor must pay any additional amount 4.26of tax not remitted in June.4.27    (c) A vendor having a liability of:4.28    (1) $20,000 or more in the fiscal year ending June 30, 2005; or4.29    (2) $10,000 or more in the, but less than $120,000 during a fiscal year ending June 4.3030, 2006 2009, and fiscal years thereafter, must remit by electronic means all liabilities on 4.31returns due for periods beginning in the subsequent calendar year by electronic means4.32on or before the 20th day of the month following the month in which the taxable event 4.33occurred, or on or before the 20th day of the month following the month in which the sale 4.34is reported under section 
         289A.18, subdivision 4, except for 90 percent of the estimated 4.35June liability, which is due two business days before June 30. The remaining amount of 4.36the June liability is due on August 20.; or5.1(2) $120,000 or more, during a fiscal year ending June 30, 2009, and fiscal years 5.2thereafter, must remit by electronic means all liabilities in the manner provided in 5.3paragraph (a), clause (2), on returns due for periods beginning in the subsequent calendar 5.4year, except for 90 percent of the estimated June liability, which is due two business days 5.5before June 30. The remaining amount of the June liability is due on August 20.5.6(d) Notwithstanding paragraph (b) or (c), a person prohibited by the person's 5.7religious beliefs from paying electronically shall be allowed to remit the payment by mail. 5.8The filer must notify the commissioner of revenue of the intent to pay by mail before 5.9doing so on a form prescribed by the commissioner. No extra fee may be charged to a 5.10person making payment by mail under this paragraph. The payment must be postmarked 5.11at least two business days before the due date for making the payment in order to be 5.12considered paid on a timely basis.5.13(e) Whenever the liability is $120,000 or more separately for (1) the tax imposed 5.14under chapter 297A; (2) a fee that is to be reported on the same return as and paid with the 5.15chapter 297A taxes; or (3) any other tax that is to be reported on the same return as and 5.16paid with the chapter 297A taxes, then the payment of all the liabilities on the return must 5.17be accelerated as provided in this subdivision.5.18(f) At the start of the first calendar quarter at least 90 days after the cash flow 5.19account established in section 16A.152, subdivision 1, and the budget reserve account 5.20established in section 16A.152, subdivision 1a, reach the amounts listed in section 5.2116A.152, subdivision 2, paragraph (a), the remittance of estimated sales tax collections 5.22by the 14th day of a month required under paragraph (a), clause (2), shall be suspended. 5.23The commissioner of management and budget shall notify the commissioner of revenue 5.24when the accounts have reached the required amounts. Beginning with the suspension 5.25of paragraph (a), clause (2), for a vendor with a liability of $120,000 or more during a 5.26fiscal year ending June 30, 2009, and fiscal years thereafter, the taxes imposed by chapter 5.27297A are due and payable to the commissioner on the 20th day of the month following the 5.28month in which the taxable event occurred. Payments of tax liabilities for taxable events 5.29occurring in June under paragraph (b) are not changed.5.30EFFECTIVE DATE.This section is effective for taxes due and payable after 5.31September 1, 2010.5.32    Sec. 5. Minnesota Statutes 2008, section 289A.60, is amended by adding a subdivision 5.33to read:5.34    Subd. 31.Accelerated payment of monthly sales tax liability; penalty for 5.35underpayment.For payments made after September 1, 2010, if a vendor is required 6.1by section 289A.20, subdivision 4, to remit a 90 percent payment by the 14th day of 6.2the month following the month in which the taxable event occurred, as an estimation 6.3of monthly sales tax liabilities, including the liability of any fee or other tax that is to 6.4be reported on the same return as and paid with the chapter 297A taxes, for the month 6.5in which the taxable event occurred, the vendor shall pay a penalty equal to ten percent 6.6of the amount of liability that was required to be paid by the 14th day of the month less 6.7the amount remitted by the 14th day of the month. The penalty must not be imposed, 6.8however, if the amount remitted by the 14th day of the month equals the lesser of (1) 90 6.9percent of the liability for the month preceding the month in which the taxable event 6.10occurred; (2) 90 percent of the liability for the same month in the previous calendar year 6.11as the month in which the taxable event occurred; or (3) 90 percent of the average monthly 6.12liability for the previous calendar year.6.13EFFECTIVE DATE.This section is effective for taxes due and payable after 6.14September 1, 2010.6.15ARTICLE 36.16E-12 EDUCATION6.17    Section 1. Minnesota Statutes 2008, section 123B.75, is amended by adding a 6.18subdivision to read:6.19    Subd. 1a.Definition.For the purposes of this section, "school district tax settlement 6.20revenue" means the current, delinquent, and manufactured home property tax receipts 6.21collected by the county and distributed to the school district.6.22EFFECTIVE DATE.This section is effective retroactively from July 1, 2009.6.23    Sec. 2. Minnesota Statutes 2008, section 123B.75, subdivision 5, is amended to read:6.24    Subd. 5. Levy recognition. (a) "School district tax settlement revenue" means the 6.25current, delinquent, and manufactured home property tax receipts collected by the county 6.26and distributed to the school district.6.27(b) For fiscal year 2004 and later years 2009 and 2010, in June of each year, the 6.28school district must recognize as revenue, in the fund for which the levy was made, the 6.29lesser of:6.30(1) the sum of May, June, and July school district tax settlement revenue received in 6.31that calendar year, plus general education aid according to section 
         126C.13, subdivision 6.324
         , received in July and August of that calendar year; or6.33(2) the sum of:7.1(i) 31 percent of the referendum levy certified according to section 
         126C.17, in 7.2calendar year 2000; and7.3(ii) the entire amount of the levy certified in the prior calendar year according to 7.4section 
         124D.86, subdivision 4, for school districts receiving revenue under sections 7.5124D.86, subdivision 3
         , clauses (1), (2), and (3); 
         126C.41, subdivisions 1, 2, paragraph 7.6(a), and 3
         , paragraphs (b), (c), and (d); 
         126C.43, subdivision 2; 
         126C.457; and 
         126C.48, 7.7subdivision 6
         ; plus7.8(iii) zero percent of the amount of the levy certified in the prior calendar year for the 7.9school district's general and community service funds, plus or minus auditor's adjustments, 7.10not including the levy portions that are assumed by the state, that remains after subtracting 7.11the referendum levy certified according to section 126C.17 and the amount recognized 7.12according to item (ii).7.13(b) For fiscal year 2011 and later years, in June of each year, the school district must 7.14recognize as revenue, in the fund for which the levy was made, the lesser of:7.15(1) the sum of May, June, and July school district tax settlement revenue received in 7.16that calendar year, plus general education aid according to section 126C.13, subdivision 7.174, received in July and August of that calendar year; or7.18(2) the sum of:7.19(i) the greater of 48.6 percent of the referendum levy certified according to section 7.20126C.17 in the prior calendar year, or 31 percent of the referendum levy certified 7.21according to section 126C.17 in calendar year 2000; plus7.22(ii) the entire amount of the levy certified in the prior calendar year according to 7.23section 124D.86, subdivision 4, for school districts receiving revenue under sections 7.24124D.86, subdivision 3, clauses (1), (2), and (3); 126C.41, subdivisions 1, 2, paragraph 7.25(a), and 3, paragraphs (b), (c), and (d); 126C.43, subdivision 2; 126C.457; and 126C.48, 7.26subdivision 6; plus7.27(iii) 48.6 percent of the amount of the levy certified in the prior calendar year for the 7.28school district's general and community service funds, plus or minus auditor's adjustments, 7.29not including the levy portions that are assumed by the state, that remains after subtracting 7.30the referendum levy certified according to section 126C.17 and the amount recognized 7.31according to item (ii).7.32EFFECTIVE DATE.This section is effective retroactively from July 1, 2009.7.33    Sec. 3. Minnesota Statutes 2008, section 123B.75, subdivision 9, is amended to read:7.34    Subd. 9. Commissioner shall specify fiscal year. The commissioner shall specify 7.35the fiscal year or years to which the revenue from any aid or tax levy is applicable if 8.1Minnesota Statutes do not so specify. The commissioner must report to the chairs and 8.2ranking minority members of the house of representatives and senate committees with 8.3jurisdiction over education finance by January 15 of each year any adjustments under this 8.4subdivision in the previous year.8.5    Sec. 4. Minnesota Statutes 2008, section 126C.48, subdivision 7, is amended to read:8.6    Subd. 7. Reporting. For each tax settlement, the county auditor shall report to each 8.7school district by fund, the district tax settlement revenue defined in section 
         123B.75, 8.8subdivision 5, paragraph (a) 1a, on the form specified in section 
         276.10. The county auditor 8.9shall send to the district a copy of the spread levy report specified in section 
         275.124. 8.10EFFECTIVE DATE.This section is effective retroactively from July 1, 2009.8.11    Sec. 5. Minnesota Statutes 2008, section 127A.441, is amended to read:8.12127A.441 AID REDUCTION; LEVY REVENUE RECOGNITION CHANGE.8.13    Each year, the state aids payable to any school district for that fiscal year that are 8.14recognized as revenue in the school district's general and community service funds shall 8.15be adjusted by an amount equal to (1) the amount the district recognized as revenue for the 8.16prior fiscal year pursuant to section 
         123B.75, subdivision 5, paragraph (a) or (b), minus (2) 8.17the amount the district recognized as revenue for the current fiscal year pursuant to section 8.18123B.75, subdivision 5
         , paragraph (a) or (b). For purposes of making the aid adjustments 8.19under this section, the amount the district recognizes as revenue for either the prior fiscal 8.20year or the current fiscal year pursuant to section 
         123B.75, subdivision 5, paragraph (b), 8.21shall not include any amount levied pursuant to section 
         124D.86, subdivision 4, for school 8.22districts receiving revenue under sections 
         124D.86, subdivision 3, clauses (1), (2), and (3); 8.23126C.41, subdivisions 1, 2, and 3
         , paragraphs (b), (c), and (d); 
         126C.43, subdivision 2; 8.24126C.457
         ; and 
         126C.48, subdivision 6. Payment from the permanent school fund shall not 8.25be adjusted pursuant to this section. The school district shall be notified of the amount of 8.26the adjustment made to each payment pursuant to this section. 8.27EFFECTIVE DATE.This section is effective retroactively from July 1, 2009.8.28    Sec. 6. Minnesota Statutes 2008, section 127A.45, subdivision 2, is amended to read:8.29    Subd. 2. Definitions. (a) The term "Other district receipts" means payments by 8.30county treasurers pursuant to section 
         276.10, apportionments from the school endowment 8.31fund pursuant to section 
         127A.33, apportionments by the county auditor pursuant to 9.1section 
         127A.34, subdivision 2, and payments to school districts by the commissioner of 9.2revenue pursuant to chapter 298.9.3(b) The term "Cumulative amount guaranteed" means the product of9.4(1) the cumulative disbursement percentage shown in subdivision 3; times9.5(2) the sum of9.6(i) the current year aid payment percentage of the estimated aid and credit 9.7entitlements paid according to subdivision 13; plus9.8(ii) 100 percent of the entitlements paid according to subdivisions 11 and 12; plus9.9(iii) the other district receipts.9.10(c) The term "Payment date" means the date on which state payments to districts 9.11are made by the electronic funds transfer method. If a payment date falls on a Saturday, 9.12a Sunday, or a weekday which is a legal holiday, the payment shall be made on the 9.13immediately preceding business day. The commissioner may make payments on dates 9.14other than those listed in subdivision 3, but only for portions of payments from any 9.15preceding payment dates which could not be processed by the electronic funds transfer 9.16method due to documented extenuating circumstances.9.17(d) The current year aid payment percentage equals 73 in fiscal years 2010 and 9.182011 and 90 in fiscal years 2012 and later.9.19EFFECTIVE DATE.This section is effective retroactively from July 1, 2009.9.20    Sec. 7. Minnesota Statutes 2008, section 127A.45, subdivision 13, is amended to read:9.21    Subd. 13. Aid payment percentage. Except as provided in subdivisions 11, 12, 12a, 9.22and 14, each fiscal year, all education aids and credits in this chapter and chapters 120A, 9.23120B, 121A, 122A, 123A, 123B, 124D, 125A, 125B, 126C, 134, and section 
         273.1392, 9.24shall be paid at the current year aid payment percentage of the estimated entitlement during 9.25the fiscal year of the entitlement. For the purposes of this subdivision, a district's estimated 9.26entitlement for special education excess cost aid under section 125A.79 for fiscal year 9.272005 equals 70 percent of the district's entitlement for the second prior fiscal year. For the 9.28purposes of this subdivision, a district's estimated entitlement for special education excess 9.29cost aid under section 
         125A.79 for fiscal year 2006 and later equals 74.0 percent of the 9.30district's entitlement for the current fiscal year. The final adjustment payment, according 9.31to subdivision 9, must be the amount of the actual entitlement, after adjustment for actual 9.32data, minus the payments made during the fiscal year of the entitlement.9.33    Sec. 8. Laws 2009, chapter 96, article 1, section 24, subdivision 2, is amended to read:10.1    Subd. 2. General education aid. For general education aid under Minnesota 10.2Statutes, section 
         126C.13, subdivision 4:

10.310.4$5,195,504,0004,291,422,000.....201010.510.6$5,626,994,0004,947,948,000.....2011

10.7The 2010 appropriation includes $555,864,000 $553,591,000 for 2009 and 10.8$4,639,640,000 $3,737,831,000 for 2010.10.9The 2011 appropriation includes $500,976,000 $1,363,306,000  for 2010 and 10.10$5,126,018,000 $3,584,642,000  for 2011.10.11    Sec. 9. Laws 2009, chapter 96, article 6, section 11, subdivision 6, is amended to read:10.12    Subd. 6. Educate parents partnership. For the educate parents partnership under 10.13Minnesota Statutes, section 
         124D.129:

10.14$50,00049,000.....201010.15$50,00049,000.....2011

10.16Any balance in the first year does not cancel but is available in the second year.10.17    Sec. 10. Laws 2009, chapter 96, article 6, section 11, subdivision 7, is amended to read:10.18    Subd. 7. Kindergarten entrance assessment initiative and intervention 10.19program. For the kindergarten entrance assessment initiative and intervention program 10.20under Minnesota Statutes, section 
         124D.162:

10.21$287,000281,000.....201010.22$287,000281,000.....2011

10.23Any balance in the first year does not cancel but is available in the second year.10.24    Sec. 11. Laws 2009, chapter 96, article 7, section 3, subdivision 2, is amended to read:10.25    Subd. 2. Department. (a) For the Department of Education:

10.2610.27$20,943,00020,147,600.....201010.2810.29$20,943,00019,811,000.....2011

10.30Any balance in the first year does not cancel but is available in the second year.10.31(b) $260,000 each year is for the Minnesota Children's Museum.10.32(c) $41,000 each year is for the Minnesota Academy of Science.10.33(d) $632,000 $618,000 each year is for the Board of Teaching. Any balance in the 10.34first year does not cancel but is available in the second year. 11.1(e) $171,000 $167,000 each year is for the Board of School Administrators. Any 11.2balance in the first year does not cancel but is available in the second year.11.3(f) $40,000 each year$10,000 is for an early hearing loss intervention coordinator 11.4under Minnesota Statutes, section 
         125A.63, subdivision 5. This appropriation is for 11.5fiscal year 2010 only. If the department expends federal funds to employ a hearing 11.6loss coordinator under Minnesota Statutes, section 
         125A.63, subdivision 5, then the 11.7appropriation under this paragraph is reallocated for purposes of employing a world 11.8languages coordinator.11.9(g) $50,000 each year is for the Duluth Children's Museum.11.10(h) None of the amounts appropriated under this subdivision may be used for 11.11Minnesota's Washington, D.C., office.11.12(i) The expenditures of federal grants and aids as shown in the biennial budget 11.13document and its supplements are approved and appropriated and shall be spent as 11.14indicated. The commissioner must provide, to the K-12 Education Finance Division in 11.15the house of representatives and the E-12 Budget Division in the senate, details about the 11.16distribution of state incentive grants, education technology state grants, teacher incentive 11.17funds, and statewide data system funds as outlined in the supplemental federal funds 11.18submission dated March 25, 2009.11.19    Sec. 12. ADVANCE FINAL PAYMENT; FISCAL YEARS 2010 AND 2011.11.20(a) Notwithstanding Minnesota Statutes, section 127A.45, subdivisions 3 and 11.217, for fiscal years 2010 and 2011 only, a school district or charter school exceeding its 11.22expenditure limitations under Minnesota Statutes, section 123B.83, as of June 30, 2009, or 11.23June 30, 2010, may receive a portion of its final payment for the current fiscal year on 11.24June 20, if requested by the district or charter school. The amount paid under this section 11.25must not exceed the lesser of:11.26(1) the difference between 90 percent and the current year aid payment percentage 11.27under Minnesota Statutes, section 127A.45, subdivision 2, paragraph (d), in the current 11.28fiscal year times the sum of the district or charter school's general education aid plus the 11.29aid adjustment in Minnesota Statutes, section 127A.50, for the current fiscal year; or11.30(2) the amount by which the district or charter school's net negative unreserved 11.31general fund balance as of June 30 of the prior fiscal year exceeds 2.5 percent of the 11.32district or charter school's expenditures for that fiscal year.11.33(b) The state total advance final payment under this subdivision for any fiscal year 11.34must not exceed $7,500,000. If the amount exceeds $7,500,000, the advance final payment 11.35for each eligible district must be reduced proportionately.12.1EFFECTIVE DATE.This section is effective retroactively from July 1, 2009.12.2ARTICLE 412.3E-12 EDUCATION FORECAST ADJUSTMENTS12.4    Section 1. Minnesota Statutes 2009 Supplement, section 123B.54, is amended to read:12.5123B.54 DEBT SERVICE APPROPRIATION.12.6    (a) $9,109,000 in fiscal year 2009, $7,948,000 in fiscal year 2010, $9,275,000 in 12.7fiscal year 2011, $9,574,000 $16,900,000 in fiscal year 2012, and $8,904,000 $19,175,00012.8in fiscal year 2013 and later are appropriated from the general fund to the commissioner of 12.9education for payment of debt service equalization aid under section 
         123B.53.12.10    (b) The appropriations in paragraph (a) must be reduced by the amount of any 12.11money specifically appropriated for the same purpose in any year from any state fund.12.12    Sec. 2. Laws 2009, chapter 96, article 1, section 24, subdivision 5, is amended to read:12.13    Subd. 5. Consolidation transition. For districts consolidating under Minnesota 12.14Statutes, section 
         123A.485:

12.15$854,000 684,000.....201012.16$927,000 590,000.....2011

12.17The 2010 appropriation includes $0 for 2009 and $854,000 $684,000 for 2010.12.18The 2011 appropriation includes $94,000 $252,000 for 2010 and $833,000 $338,00012.19for 2011.12.20    Sec. 3. Laws 2009, chapter 96, article 1, section 24, subdivision 6, is amended to read:12.21    Subd. 6. Nonpublic pupil education aid. For nonpublic pupil education aid under 12.22Minnesota Statutes, sections 
         123B.40 to 
         123B.43 and 
         123B.87:

12.2312.24$17,250,00012,861,000.....201012.2512.26$17,889,00016,663,000.....2011

12.27The 2010 appropriation includes $1,647,000 $1,067,000 for 2009 and $15,603,00012.28$11,794,000 for 2010.12.29The 2011 appropriation includes $1,733,000$4,362,000for 2010 and $16,156,00012.30$12,301,000 for 2011.12.31    Sec. 4. Laws 2009, chapter 96, article 1, section 24, subdivision 7, is amended to read:13.1    Subd. 7. Nonpublic pupil transportation. For nonpublic pupil transportation aid 13.2under Minnesota Statutes, section 
         123B.92, subdivision 9:

13.313.4$22,159,00017,297,000.....201013.513.6$22,712,00020,333,000.....2011

13.7The 2010 appropriation includes $2,077,000 for 2009 and $20,082,000$15,220,000 13.8for 2010.13.9The 2011 appropriation includes $2,231,000$5,629,000 for 2010 and $20,481,00013.10$14,704,000 for 2011.13.11    Sec. 5. Laws 2009, chapter 96, article 2, section 67, subdivision 2, is amended to read:13.12    Subd. 2. Charter school building lease aid. For building lease aid under Minnesota 13.13Statutes, section 
         124D.11, subdivision 4: 

13.1413.15$40,453,00034,833,000.....201013.1613.17$44,775,00046,370,000.....2011

13.18The 2010 appropriation includes $3,704,000 for 2009 and $36,749,000 $31,129,00013.19for 2010.13.20The 2011 appropriation includes $4,083,000 $11,513,000 for 2010 and $40,692,00013.21$34,857,000 for 2011.13.22    Sec. 6. Laws 2009, chapter 96, article 2, section 67, subdivision 3, is amended to read:13.23    Subd. 3. Charter school startup aid. For charter school startup cost aid under 13.24Minnesota Statutes, section 
         124D.11:

13.2513.26$1,488,0001,218,000.....201013.2713.28$1,064,000759,000.....2011

13.29The 2010 appropriation includes $202,000 for 2009 and $1,286,000 $1,016,00013.30for 2010.13.31The 2011 appropriation includes $142,000 $375,000 for 2010 and $922,00013.32$384,000  for 2011.13.33    Sec. 7. Laws 2009, chapter 96, article 2, section 67, subdivision 4, is amended to read:13.34    Subd. 4. Integration aid. For integration aid under Minnesota Statutes, section 13.35124D.86, subdivision 5
         :

14.114.2$65,358,00050,812,000.....201014.314.4$65,484,00063,717,000.....2011

14.5The 2010 appropriation includes $6,110,000 $5,832,000 for 2009 and $59,248,00014.6$44,980,000 for 2010.14.7The 2011 appropriation includes $6,583,000 $16,636,000 for 2010 and $58,901,00014.8$47,081,000 for 2011.14.9    Sec. 8. Laws 2009, chapter 96, article 2, section 67, subdivision 7, is amended to read:14.10    Subd. 7. Success for the future. For American Indian success for the future grants 14.11under Minnesota Statutes, section 
         124D.81:

14.1214.13$2,137,0001,774,000.....201014.14$2,137,000.....2011

14.15The 2010 appropriation includes $213,000 for 2009 and $1,924,000 $1,561,00014.16for 2010.14.17The 2011 appropriation includes $213,000 $576,000 for 2010 and $1,924,00014.18$1,561,000 for 2011.14.19    Sec. 9. Laws 2009, chapter 96, article 2, section 67, subdivision 9, is amended to read:14.20    Subd. 9. Tribal contract schools. For tribal contract school aid under Minnesota 14.21Statutes, section 
         124D.83:

14.2214.23$2,030,0001,702,000.....201014.2414.25$2,211,0002,186,000.....2011

14.26The 2010 appropriation includes $191,000 for 2009 and $1,839,000 $1,511,00014.27for 2010.14.28The 2011 appropriation includes $204,000 $558,000 for 2010 and $2,007,00014.29$1,628,000 for 2011.14.30    Sec. 10. Laws 2009, chapter 96, article 3, section 21, subdivision 2, is amended to read:14.31    Subd. 2. Special education; regular. For special education aid under Minnesota 14.32Statutes, section 
         125A.75:

15.115.2$734,071,000609,003,000.....201015.315.4$781,497,000772,845,000.....2011

15.5The 2010 appropriation includes $71,947,000 for 2009 and $662,124,00015.6$537,056,000 for 2010.15.7The 2011 appropriation includes $73,569,000 $198,637,000 for 2010 and 15.8$707,928,000 $574,208,000 for 2011.15.9    Sec. 11. Laws 2009, chapter 96, article 3, section 21, subdivision 3, is amended to read:15.10    Subd. 3. Aid for children with disabilities. For aid under Minnesota Statutes, 15.11section 
         125A.75, subdivision 3, for children with disabilities placed in residential facilities 15.12within the district boundaries for whom no district of residence can be determined:

15.1315.14$1,717,0001,125,000.....201015.1515.16$1,895,0001,193,000.....2011

15.17If the appropriation for either year is insufficient, the appropriation for the other 15.18year is available.15.19    Sec. 12. Laws 2009, chapter 96, article 3, section 21, subdivision 4, is amended to read:15.20    Subd. 4. Travel for home-based services. For aid for teacher travel for home-based 15.21services under Minnesota Statutes, section 
         125A.75, subdivision 1:

15.22$258,000 224,000.....201015.23$282,000 291,000.....2011

15.24The 2010 appropriation includes $24,000 for 2009 and $234,000 $200,000 for 2010.15.25The 2011 appropriation includes $26,000 $73,000 for 2010 and $256,000 $218,00015.26for 2011.15.27    Sec. 13. Laws 2009, chapter 96, article 3, section 21, subdivision 5, is amended to read:15.28    Subd. 5. Special education; excess costs. For excess cost aid under Minnesota 15.29Statutes, section 
         125A.79, subdivision 7:

15.3015.31$110,871,00096,926,000.....201015.3215.33$110,877,000110,871,000.....2011

15.34The 2010 appropriation includes $37,046,000 for 2009 and $73,825,000 $59,880,00015.35for 2010.16.1The 2011 appropriation includes $37,022,000 $50,967,000 for 2010 and $73,855,00016.2$59,904,000  for 2011.16.3    Sec. 14. Laws 2009, chapter 96, article 4, section 12, subdivision 2, is amended to read:16.4    Subd. 2. Health and safety revenue. For health and safety aid according to 16.5Minnesota Statutes, section 
         123B.57, subdivision 5:

16.6$161,000 132,000.....201016.7$160,000 139,000.....2011

16.8The 2010 appropriation includes $10,000 for 2009 and $151,000 $122,000 for 2010.16.9The 2011 appropriation includes $16,000 $44,000 for 2010 and $144,000 $95,00016.10for 2011.16.11    Sec. 15. Laws 2009, chapter 96, article 4, section 12, subdivision 3, is amended to read:16.12    Subd. 3. Debt service equalization. For debt service aid according to Minnesota 16.13Statutes, section 
         123B.53, subdivision 6:

16.1416.15$7,948,0006,608,000.....201016.1616.17$9,275,0008,465,000.....2011

16.18The 2010 appropriation includes $851,000 for 2009 and $7,097,000 $5,757,00016.19for 2010.16.20The 2011 appropriation includes $788,000 $2,128,000 for 2010 and $8,487,00016.21$6,337,000 for 2011.16.22    Sec. 16. Laws 2009, chapter 96, article 4, section 12, subdivision 4, is amended to read:16.23    Subd. 4. Alternative facilities bonding aid. For alternative facilities bonding aid, 16.24according to Minnesota Statutes, section 
         123B.59, subdivision 1:

16.2516.26$19,287,00016,008,000.....201016.27$19,287,000.....2011

16.28The 2010 appropriation includes $1,928,000 for 2009 and $17,359,000 $14,080,00016.29for 2010.16.30The 2011 appropriation includes $1,928,000 $5,207,000 for 2010 and $17,359,00016.31$14,080,000  for 2011.16.32    Sec. 17. Laws 2009, chapter 96, article 4, section 12, subdivision 6, is amended to read:17.1    Subd. 6. Deferred maintenance aid. For deferred maintenance aid, according to 17.2Minnesota Statutes, section 
         123B.591, subdivision 4:

17.317.4$2,302,0001,918,000.....201017.517.6$2,073,0002,211,000.....2011

17.7The 2010 appropriation includes $260,000 for 2009 and $2,042,000 $1,658,00017.8for 2010.17.9The 2011 appropriation includes $226,000 $613,000 for 2010 and $1,847,00017.10$1,598,000 for 2011.17.11    Sec. 18. Laws 2009, chapter 96, article 5, section 13, subdivision 4, is amended to read:17.12    Subd. 4. Kindergarten milk. For kindergarten milk aid under Minnesota Statutes, 17.13section 
         124D.118:

17.1417.15$1,098,0001,104,000.....201017.1617.17$1,120,0001,126,000.....2011

17.18    Sec. 19. Laws 2009, chapter 96, article 5, section 13, subdivision 6, is amended to read:17.19    Subd. 6. Basic system support. For basic system support grants under Minnesota 17.20Statutes, section 
         134.355:

17.2117.22$13,570,00011,264,000.....201017.23$13,570,000.....2011

17.24The 2010 appropriation includes $1,357,000 for 2009 and $12,213,000 $9,907,00017.25for 2010.17.26The 2011 appropriation includes $1,357,000 $3,663,000 for 2010 and $12,213,00017.27$9,907,000 for 2011.17.28    Sec. 20. Laws 2009, chapter 96, article 5, section 13, subdivision 7, is amended to read:17.29    Subd. 7. Multicounty, multitype library systems. For grants under Minnesota 17.30Statutes, sections 
         134.353 and 
         134.354, to multicounty, multitype library systems:

17.3117.32$1,300,0001,079,000.....201017.33$1,300,000.....2011

17.34The 2010 appropriation includes $130,000 for 2009 and $1,170,000 $949,000 for 17.352010.18.1The 2011 appropriation includes $130,000 $351,000 for 2010 and $1,170,00018.2$949,000 for 2011.18.3    Sec. 21. Laws 2009, chapter 96, article 5, section 13, subdivision 9, is amended to read:18.4    Subd. 9. Regional library telecommunications aid. For regional library 18.5telecommunications aid under Minnesota Statutes, section 
         134.355:

18.618.7$2,300,0001,909,000.....201018.8$2,300,000.....2011

18.9The 2010 appropriation includes $230,000 for 2009 and $2,070,000 $1,679,00018.10for 2010.18.11The 2011 appropriation includes $230,000 $621,000 for 2010 and $2,070,00018.12$1,679,000 for 2011.18.13    Sec. 22. Laws 2009, chapter 96, article 6, section 11, subdivision 2, is amended to read:18.14    Subd. 2. School readiness. For revenue for school readiness programs under 18.15Minnesota Statutes, sections 
         124D.15 and 
         124D.16:

18.1618.17$10,095,0008,379,000.....201018.18$10,095,000.....2011

18.19The 2010 appropriation includes $1,009,000 for 2009 and $9,086,000 $7,370,00018.20for 2010.18.21The 2011 appropriation includes $1,009,000 $2,725,000 for 2010 and $9,086,00018.22$7,370,000 for 2011.18.23    Sec. 23. Laws 2009, chapter 96, article 6, section 11, subdivision 3, is amended to read:18.24    Subd. 3. Early childhood family education aid. For early childhood family 18.25education aid under Minnesota Statutes, section 
         124D.135:

18.2618.27$22,955,00019,005,000.....201018.2818.29$22,547,00022,126,000.....2011

18.30The 2010 appropriation includes $3,020,000 for 2009 and $19,935,000 $15,985,00018.31for 2010.18.32The 2011 appropriation includes $2,214,000 $5,911,000 for 2010 and $20,333,00018.33$16,215,000 for 2011.19.1    Sec. 24. Laws 2009, chapter 96, article 6, section 11, subdivision 4, is amended to read:19.2    Subd. 4. Health and developmental screening aid. For health and developmental 19.3screening aid under Minnesota Statutes, sections 
         121A.17 and 
         121A.19:

19.419.5$3,694,0002,922,000.....201019.619.7$3,800,0003,531,000.....2011

19.8The 2010 appropriation includes $367,000 for 2009 and $3,327,000 $2,555,00019.9for 2010.19.10The 2011 appropriation includes $369,000 $945,000 for 2010 and $3,431,00019.11$2,586,000 for 2011.19.12    Sec. 25. Laws 2009, chapter 96, article 6, section 11, subdivision 8, is amended to read:19.13    Subd. 8. Community education aid. For community education aid under 19.14Minnesota Statutes, section 
         124D.20:

19.15$585,000 476,000.....201019.16$467,000 486,000.....2011

19.17The 2010 appropriation includes $73,000 for 2009 and $512,000 $403,000 for 2010.19.18The 2011 appropriation included $56,000 $148,000 for 2010 and $411,000 $338,00019.19for 2011.19.20    Sec. 26. Laws 2009, chapter 96, article 6, section 11, subdivision 9, is amended to read:19.21    Subd. 9. Adults with disabilities program aid. For adults with disabilities 19.22programs under Minnesota Statutes, section 
         124D.56:

19.23$710,000 588,000.....201019.24$710,000.....2011

19.25The 2010 appropriation includes $71,000 $69,000 for 2009 and $639,000 $519,00019.26for 2010.19.27The 2011 appropriation includes $71,000 $191,000 for 2010 and $639,000 $519,00019.28for 2011.19.29    Sec. 27. Laws 2009, chapter 96, article 6, section 11, subdivision 12, is amended to 19.30read:19.31    Subd. 12. Adult basic education aid. For adult basic education aid under 19.32Minnesota Statutes, section 
         124D.531:

20.120.2$42,975,00035,671,000.....201020.320.4$44,258,00044,065,000.....2011

20.5The 2010 appropriation includes $4,187,000 for 2009 and $38,788,000 $31,484,00020.6for 2010.20.7The 2011 appropriation includes $4,309,000 $11,644,000 for 2010 and $39,949,00020.8$32,421,000 for 2011.20.9ARTICLE 520.10HIGHER EDUCATION

20.11Section 1.  SUMMARY OF APPROPRIATIONS.

20.12The amounts shown in this section summarize direct appropriations, by fund, made 20.13in this article.

20.1420102011Total20.15General$(77,000)$(100,077,000)$(100,154,000)

20.16Sec. 2. APPROPRIATIONS.

20.17The sums shown in the columns marked "Appropriations" are added to or, if shown 20.18in parentheses, subtracted from the appropriations in Laws 2009, chapter 95, article 1, to 20.19the agencies and for the purposes specified in this article. The appropriations are from the 20.20general fund, or another named fund, and are available for the fiscal years indicated for 20.21each purpose. The figures "2010" and "2011" used in this article mean that the addition 20.22to or subtraction from the appropriation listed under them is available for the fiscal year 20.23ending June 30, 2010, or June 30, 2011, respectively. Supplemental appropriations and 20.24reductions to appropriations for the fiscal year ending June 30, 2010, are effective the 20.25day following final enactment.

20.26APPROPRIATIONS20.27Available for the Year20.28Ending June 3020.2920102011

20.3020.31Sec. 3. MINNESOTA OFFICE OF HIGHER EDUCATION$(77,000)$(77,000)

20.32This reduction is from the appropriation for 20.33agency administration.21.1If an extension of the enhanced federal 21.2medical assistance percentage (FMAP) under 21.3Public Law 111-5, section 5001, to at least 21.4June 30, 2011, is enacted by June 15, 2010, 21.5$36,000,000 is appropriated from the general 21.6fund to the Minnesota Office of Higher 21.7Education for the state grant program, to be 21.8available for the fiscal year ending June 30, 21.92011.

21.1021.1121.12Sec. 4. BOARD OF TRUSTEES OF THE MINNESOTA STATE COLLEGES AND UNIVERSITIES$-0-$(50,000,000)

21.13$3,579,000 of the reduction in 2011 is from 21.14the central offices and shared services unit 21.15appropriation.21.16$46,421,000 of the reduction in 2011 21.17is from the operations and maintenance 21.18appropriation.21.19For fiscal years 2012 and 2013, the base for 21.20operations and maintenance is $580,802,000 21.21each year.

21.2221.23Sec. 5. BOARD OF REGENTS OF THE UNIVERSITY OF MINNESOTA

21.24Subdivision 1.Total Appropriation$-0-$(50,000,000)

21.25The appropriation reductions for each 21.26purpose are shown in the following 21.27subdivisions.

21.28Subd. 2.Operations and Maintenance-0-(44,606,000)

21.29For fiscal years 2012 and 2013, the base for 21.30operations and maintenance is $578,370,000 21.31each year.

21.32Subd. 3.Special Appropriations

21.33(a) Agriculture and Extension Service-0-(3,858,000)

22.1(b) Health Sciences-0-(389,000)

22.2$26,000 of the 2011 reduction is from the St. 22.3Cloud family practice residency program.

22.4(c) Institute of Technology-0-(102,000)

22.5(d) System Special-0-(454,000)

22.622.7(e) University of Minnesota and Mayo Foundation Partnership-0-(591,000)

22.8ARTICLE 622.9ENVIRONMENT AND NATURAL RESOURCES

22.10Section 1.  SUMMARY OF APPROPRIATIONS.

22.11The amounts shown in this section summarize changes to direct appropriations, by 22.12fund, made in this article.

22.1320102011Total22.14General$(1,571,000)$(1,564,000)$(3,135,000)

22.15Sec. 2. APPROPRIATIONS.

22.16The sums shown in the columns marked "Appropriations" are added to or, if shown 22.17in parentheses, subtracted from the appropriations in Laws 2009, chapter 37, article 1, to 22.18the agencies and for the purposes specified in this article. The appropriations are from the 22.19general fund, or another named fund, and are available for the fiscal years indicated for 22.20each purpose. The figures "2010" and "2011" used in this article mean that the addition to 22.21or subtraction from the appropriation listed under them are available for the fiscal year 22.22ending June 30, 2010, or June 30, 2011, respectively. Supplemental appropriations and 22.23reductions to appropriations for the fiscal year ending June 30, 2010, are effective the 22.24day following final enactment.

22.25APPROPRIATIONS22.26Available for the Year22.27Ending June 3022.2820102011

22.29Sec. 3. POLLUTION CONTROL AGENCY

22.30Subdivision 1.Total Appropriation$(110,000)$(99,000)

23.1The appropriation reductions for each 23.2purpose are shown in the following 23.3subdivisions.

23.4Subd. 2.Water(98,000)(38,000)

23.5The $98,000 reduction in fiscal year 2010 23.6is from the agency's activities to develop 23.7minimal impact design standards for urban 23.8stormwater runoff.

23.9Subd. 3.Land-0-(30,000)

23.10The $30,000 reduction in the second year is 23.11from the environmental health tracking and 23.12biomonitoring activities of the agency.

23.1323.14Subd. 4.Environmental Assistance and Cross Media-0-(16,000)

23.1523.16Subd. 5.Administrative Support(12,000)(15,000)

23.17Sec. 4. NATURAL RESOURCES

23.18Subdivision 1.Total Appropriation$(1,375,000)$(1,379,000)

23.19The appropriation reductions for each 23.20purpose are shown in the following 23.21subdivisions.

23.2223.23Subd. 2.Lands and Minerals(30,000)(30,000)

23.2423.25Subd. 3.Water Resources Management(84,000)(84,000)

23.2623.27Subd. 4.Forest Management(188,000)(188,000)

23.28$53,000 of the reduction each year is from 23.29activities supporting the Forest Resources 23.30Council with implementation of the 23.31Sustainable Forest Resources Act.

23.3223.33Subd. 5.Parks and Trails Management(420,000)(422,000)

24.124.2Subd. 6.Fish and Wildlife Management(265,000)(265,000)

24.3$265,000 of the reduction each year is from 24.4activities for preserving, restoring, and 24.5enhancing grassland/wetland complexes on 24.6public or private land.

24.7Subd. 7.Ecological Services(46,000)(47,000)

24.8Subd. 8.Enforcement(230,000)(230,000)

24.924.10Subd. 9.Operations Support(112,000)(113,000)

24.11Sec. 5. METROPOLITAN COUNCIL$(86,000)$(86,000)

24.12    Sec. 6. Laws 2010, chapter 215, article 3, section 3, subdivision 6, is amended to read:

24.13Subd. 6.Transfers In

24.14(a) The amounts appropriated from the 24.15agency indirect costs account in the special 24.16revenue fund are reduced by $328,000 in 24.17fiscal year 2010 and $462,000 in fiscal year 24.182011, and those amounts must be transferred 24.19to the general fund by June 30, 2011. The 24.20appropriation reductions are onetime.24.21(b) The commissioner of management and 24.22budget shall transfer $8,000,000 $48,000,00024.23in fiscal year 2011 from the closed landfill 24.24investment fund in Minnesota Statutes, 24.25section 
         115B.421, to the general fund. The 24.26commissioner shall transfer $4,000,00024.27$12,000,000 on July 1, 2013, and $4,000,000 24.28on July 1, in each of the years 2014, 2015, 24.292016, and 2017 from the general fund to the 24.30closed landfill investment fund. For the July 24.311, 2014, each transfer to the closed landfill 24.32investment fund, the commissioner shall 24.33determine the total amount of interest and 25.1other earnings that would have accrued to 25.2the fund if the transfers to the general fund 25.3under this paragraph had not been made and 25.4add this amount to the transfer. The amounts 25.5necessary for these transfers are appropriated 25.6from the general fund in the fiscal years 25.7specified for the transfers.25.8ARTICLE 725.9ENERGY

25.10Section 1.  SUMMARY OF APPROPRIATIONS.

25.11The amounts shown in this section summarize direct appropriations, by fund, made 25.12in this article.

25.1320102011Total25.14General$(247,000)$(247,000)$(494,000)

25.15Sec. 2. APPROPRIATIONS.

25.16The sums shown in the columns marked "Appropriations" are added to or, if shown 25.17in parentheses, subtracted from the appropriations in Laws 2009, chapter 37, article 2, to 25.18the agencies and for the purposes specified in this article. The appropriations are from the 25.19general fund, or another named fund, and are available for the fiscal years indicated for 25.20each purpose. The figures "2010" and "2011" used in this article mean that the addition 25.21to or subtraction from the appropriation listed under them is available for the fiscal year 25.22ending June 30, 2010, or June 30, 2011, respectively. Supplemental appropriations and 25.23reductions to appropriations for the fiscal year ending June 30, 2010, are effective the 25.24day following final enactment.

25.25APPROPRIATIONS25.26Available for the Year25.27Ending June 3025.2820102011

25.29Sec. 3. DEPARTMENT OF COMMERCE

25.30Subdivision 1.Total Appropriation$(247,000)$(247,000)

25.31The appropriation reductions for each 25.32purpose are shown in the following 25.33subdivisions.

26.1Subd. 2.Administrative Services(97,000)(97,000)

26.2Subd. 3.Market Assurance(150,000)(150,000)

26.3ARTICLE 826.4AGRICULTURE

26.5Section 1.  SUMMARY OF APPROPRIATIONS.

26.6The amounts shown in this section summarize direct appropriations, by fund, made 26.7in this article.

26.820102011Total26.9General$(493,000)$(492,000)$(985,000)

26.10Sec. 2. AGRICULTURAL APPROPRIATIONS.

26.11The sums shown in the columns marked "Appropriations" are added to or, if shown 26.12in parentheses, subtracted from the appropriations in Laws 2009, chapter 94, article 1, to 26.13the agencies and for the purposes specified in this article. The appropriations are from the 26.14general fund, or another named fund, and are available for the fiscal years indicated for 26.15each purpose. The figures "2010" and "2011" used in this article mean that the addition to 26.16or subtraction from the appropriations listed under them are available for the fiscal year 26.17ending June 30, 2010, or June 30, 2011, respectively. Supplemental appropriations and 26.18reductions to appropriations for the fiscal year ending June 30, 2010, are effective the 26.19day following final enactment.

26.20APPROPRIATIONS26.21Available for the Year26.22Ending June 3026.2320102011

26.24Sec. 3. DEPARTMENT OF AGRICULTURE

26.25Subdivision 1.Total Appropriation$(493,000)$(492,000)

26.26The appropriation reductions for each 26.27purpose are shown in the following 26.28subdivisions.

26.29Subd. 2.Protection Services(228,000)(228,000)

26.30$13,000 in fiscal year 2010 and $13,000 in 26.31fiscal year 2011 are reductions from plant 26.32pest surveys.

27.127.2Subd. 3.Agricultural Marketing and Development(127,000)(127,000)

27.3$77,000 in fiscal year 2010 and $77,000 in 27.4fiscal year 2011 are reductions for integrated 27.5pest management activities.

27.627.7Subd. 4.Administration and Financial Assistance(138,000)(137,000)

27.8$69,000 in fiscal year 2010 and $69,000 in 27.9fiscal year 2011 are reductions from the dairy 27.10and profitability enhancement and dairy 27.11business planning grant programs established 27.12under Laws 1997, chapter 216, section 7, 27.13subdivision 2, and Laws 2001, First Special 27.14Session chapter 2, section 9, subdivision 2.27.15$1,000 in fiscal year 2010 is a reduction from 27.16the appropriation for the administration of 27.17the Feeding Minnesota Task Force.27.18ARTICLE 927.19ECONOMIC DEVELOPMENT

27.20Section 1.  SUMMARY OF APPROPRIATIONS.

27.21The amounts shown in this section summarize direct appropriations, by fund, made 27.22in this article.

27.2320102011Total27.24General$(489,000)$(745,000)$(1,234,000)

27.25Sec. 2. APPROPRIATIONS.

27.26The sums shown in the columns marked "Appropriations" are added to, or if shown 27.27in parentheses, subtracted from the appropriations in Laws 2009, chapter 78, article 1, to 27.28the agencies and for the purposes specified in this article. The appropriations are from the 27.29general fund, or another named fund, and are available for the fiscal years indicated for 27.30each purpose. The figures "2010" and "2011" used in this article mean that the addition 27.31to or subtraction from the appropriation listed under them is available for the fiscal year 27.32ending June 30, 2010, or June 30, 2011, respectively. Supplemental appropriations and 28.1reductions to appropriations for the fiscal year ending June 30, 2010, are effective the 28.2day following final enactment.

28.3APPROPRIATIONS28.4Available for the Year28.5Ending June 3028.620102011

28.728.8Sec. 3. EMPLOYMENT AND ECONOMIC DEVELOPMENT

28.9Subdivision 1.Total Appropriation$(285,000)$(285,000)

28.10The appropriation reductions for each 28.11purpose are shown in the following 28.12subdivisions.

28.1328.14Subd. 2.Business and Community Development(87,000)(87,000)

28.15$25,000 in 2010 and $25,000 in 2011 are 28.16from the appropriation for the Office of 28.17Science and Technology.

28.18Subd. 3.Workforce Development(115,000)(115,000)

28.19$15,000 in 2010 and $15,000 in 2011 are 28.20from the appropriation for the Minnesota job 28.21skills partnership program under Minnesota 28.22Statutes, sections 116L.01 to 116L.17.28.23$11,000 in 2010 and $11,000 in 2011 are from 28.24the appropriation for administrative expenses 28.25to programs that provide employment 28.26support services to persons with mental 28.27illness under Minnesota Statutes, sections 28.28268A.13 and 268A.14.28.29$89,000 in 2010 and $89,000 in 2011 are 28.30from the appropriation for state services for 28.31the blind activities.

28.32Subd. 4.State-Funded Administration(83,000)(83,000)

28.33Sec. 4. HOUSING FINANCE AGENCY$-0-$(256,000)

29.1This reduction is from the appropriation to 29.2the Housing Finance Agency for the housing 29.3rehabilitation program under Minnesota 29.4Statutes, section 462A.05, subdivision 14, 29.5for rental housing developments.29.6On or before June 30, 2010, the Housing 29.7Finance Agency shall transfer $256,000 29.8from the housing rehabilitation program in 29.9the housing development fund to the general 29.10fund.

29.1129.12Sec. 5. DEPARTMENT OF LABOR AND INDUSTRY$(20,000)$(20,000)

29.13This reduction is from the general 29.14fund appropriation for labor 29.15standards/apprenticeship.

29.1629.17Sec. 6. BUREAU OF MEDIATION SERVICES$(16,000)$(16,000)

29.18This reduction is from the general fund 29.19appropriation for mediation services.

29.2029.21Sec. 7. MINNESOTA HISTORICAL SOCIETY

29.22Subdivision 1.Total Appropriation$(168,000)$(168,000)

29.23The appropriation reductions for each 29.24purpose are shown in the following 29.25subdivisions.

29.26Subd. 2.Education and Outreach(96,000)(96,000)

29.27Subd. 3.Preservation and Access(72,000)(72,000)

29.28ARTICLE 1029.29TRANSPORTATION

29.30Section 1.  SUMMARY OF APPROPRIATIONS.

29.31The amounts shown in this section summarize direct appropriations, by fund, made 29.32in this article.

30.120102011Total30.2General$(1,649,000)$(1,649,000)$(3,298,000)

30.3Sec. 2. APPROPRIATIONS.

30.4The sums shown in the columns marked "Appropriations" are added to or, if shown 30.5in parentheses, subtracted from the appropriations in Laws 2009, chapter 36, article 1, to 30.6the agencies and for the purposes specified in this article. The appropriations are from the 30.7general fund, or another named fund, and are available for the fiscal years indicated for 30.8each purpose. The figures "2010" and "2011" used in this article mean that the addition to 30.9or subtraction from the appropriation listed under them are available for the fiscal year 30.10ending June 30, 2010, or June 30, 2011, respectively. Supplemental appropriations and 30.11reductions to appropriations for the fiscal year ending June 30, 2010, are effective the 30.12day following final enactment.

30.13APPROPRIATIONS30.14Available for the Year30.15Ending June 3030.1620102011

30.17Sec. 3. TRANSPORTATION

30.18Subdivision 1.Total Appropriation$(24,000)$(24,000)

30.19The appropriation reductions for each 30.20purpose are shown in the following 30.21subdivisions.

30.22Subd. 2.Multimodal Systems

30.23(a) Transit(9,000)(9,000)

30.24This reduction is to the Transit Improvement 30.25Administration appropriation.30.26The base appropriation from the general fund 30.27for fiscal years 2012 and 2013 is $16,292,000 30.28each year.

30.29(b) Freight(9,000)(9,000)

30.30This reduction is to the rail service plan 30.31appropriation.

30.32(c) Electronic Communication(6,000)(6,000)

31.1This reduction is to the Roosevelt Tower 31.2appropriation.

31.3Sec. 4. METROPOLITAN COUNCIL

31.4Subdivision 1.Total Appropriation$(1,625,000)$(1,625,000)

31.5The appropriation reductions for each 31.6purpose are shown in the following 31.7subdivisions.

31.8Subd. 2.Bus Transit(1,506,000)(1,506,000)

31.9This reduction is to the appropriation for bus 31.10system operations.31.11The base appropriation for fiscal years 2012 31.12and 2013 is $59,796,000 each year.

31.13Subd. 3.Rail Operations(119,000)(119,000)

31.14This reduction is to the appropriation for rail 31.15systems.31.16The base appropriation for fiscal years 2012 31.17and 2013 is $5,174,000 each year.31.18ARTICLE 1131.19PUBLIC SAFETY

31.20Section 1.  SUMMARY OF APPROPRIATIONS.

31.21The amounts shown in this section summarize direct appropriations, by fund, made 31.22in this article.

31.2320102011Total31.24General$(79,000)$(79,000)$(158,000)

31.25Sec. 2. APPROPRIATIONS.

31.26The sums shown in the columns marked "Appropriations" are added to or, if shown 31.27in parentheses, subtracted from the appropriations in Laws 2009, chapter 83, article 1, to 31.28the agencies and for the purposes specified in this article. The appropriations are from the 31.29general fund, or another named fund, and are available for the fiscal years indicated for 31.30each purpose. The figures "2010" and "2011" used in this article mean that the addition 31.31to or subtraction from the appropriation listed under them is available for the fiscal year 32.1ending June 30, 2010, or June 30, 2011, respectively. Supplemental appropriations and 32.2reductions to appropriations for the fiscal year ending June 30, 2010, are effective the 32.3day following final enactment.

32.4APPROPRIATIONS32.5Available for the Year32.6Ending June 3032.720102011

32.8Sec. 3.  HUMAN RIGHTS$(79,000)$(79,000)

32.9ARTICLE 1232.10STATE GOVERNMENT

32.11Section 1.  SUMMARY OF APPROPRIATIONS.

32.12The amounts shown in this section summarize direct appropriations, by fund, made 32.13in this article.

32.1420102011Total32.15General$(1,694,000)$(1,820,000)$(3,514,000)

32.16Sec. 2. APPROPRIATIONS.

32.17The sums shown in the columns marked "Appropriations" are added to or, if shown 32.18in parentheses, subtracted from, the appropriations in Laws 2009, chapter 101, article 1, to 32.19the agencies and for the purposes specified in this article. The appropriations are from the 32.20general fund, or another named fund, and are available for the fiscal years indicated for 32.21each purpose. The figures "2010" and "2011" used in this article mean that the addition 32.22to or subtraction from the appropriation listed under them is available for the fiscal year 32.23ending June 30, 2010, or June 30, 2011, respectively. Supplemental appropriations and 32.24reductions to appropriations for the fiscal year ending June 30, 2010, are effective the 32.25day following final enactment.

32.26APPROPRIATIONS32.27Available for the Year32.28Ending June 3032.2920102011

32.3032.31Sec. 3. GOVERNOR AND LIEUTENANT GOVERNOR$(81,000)$(81,000)

32.32$13,000 of the reduction in each of 32.33fiscal years 2010 and 2011 are from the 33.1appropriation for necessary expenses in the 33.2normal performance of the governor's and 33.3lieutenant governor's duties for which no 33.4other reimbursement is provided.

33.533.6Sec. 4. OFFICE OF ENTERPRISE TECHNOLOGY$(130,000)$(130,000)

33.7$96,000 of the reduction in each of 33.8fiscal years 2010 and 2011 are from the 33.9appropriation for information technology 33.10security.

33.11Sec. 5. ADMINISTRATION$(100,000)$(200,000)

33.12These reductions are from the Government 33.13and Citizen Services Program.33.14$162,000 of the balance in the central stores 33.15fund is transferred to the general fund on 33.16or before June 30, 2010. This is a onetime 33.17transfer.33.18The base appropriation from the general fund 33.19for the Government and Citizen Services 33.20Program for fiscal years 2012 and 2013 is 33.21$17,316,000 each year.

33.22Sec. 6. MANAGEMENT AND BUDGET$(459,000)$(459,000)

33.23Sec. 7. REVENUE$(924,000)$(950,000)

33.24These reductions are from the tax system 33.25management program.33.26ARTICLE 1333.27HEALTH AND HUMAN SERVICES

33.28Section 1.  SUMMARY OF APPROPRIATIONS.

33.29The amounts shown in this section summarize direct appropriations, by fund, made 33.30in this article.

34.120102011Total34.2General$(74,704,000)$(75,150,000)$(149,854,000)

34.3Sec. 2. APPROPRIATIONS.

34.4The sums shown in the columns marked "Appropriations" are added to or, if shown 34.5in parentheses, subtracted from the appropriations in Laws 2009, chapter 79, article 13, 34.6as amended by Laws 2009, chapter 173, article 2, to the agencies and for the purposes 34.7specified in this article. The appropriations are from the general fund and are available 34.8for the fiscal years indicated for each purpose. The figures "2010" and "2011" used in 34.9this article mean that the addition to or subtraction from the appropriation listed under 34.10them is available for the fiscal year ending June 30, 2010, or June 30, 2011, respectively. 34.11Supplemental appropriations and reductions to appropriations for the fiscal year ending 34.12June 30, 2010, are effective the day following final enactment unless a different effective 34.13date is explicit. All reductions in this article are onetime, unless otherwise stated. 

34.14APPROPRIATIONS34.15Available for the Year34.16Ending June 3034.1720102011

34.1834.19Sec. 3. DEPARTMENT OF HUMAN SERVICES

34.20Subdivision 1.Total Appropriation$(74,177,000)$(74,625,000)

34.21The appropriation reductions for each 34.22purpose are shown in the following 34.23subdivisions.

34.2434.25Subd. 2.Agency Management; Financial Operations(3,289,000)(3,282,000)

34.26The reduction in fiscal year 2011 is a base 34.27reduction for fiscal year 2012 and thereafter.

34.2834.29Subd. 3.Children and Economic Assistance Grants

34.30(a) Child Support Enforcement Grants(3,400,000)-0-

34.31(b) Children's Services Grants(600,000)-0-

34.32American Indian Child Welfare Projects.34.33Notwithstanding Laws 2009, chapter 79, 34.34article 2, section 35, $600,000 of the fiscal 35.1year 2009 funds extended in fiscal year 2010 35.2cancel to the general fund.

35.3(c) Children and Community Services Grants(16,900,000)(1,500,000)

35.4(d) General Assistance Grants(5,267,000)(3,190,000)

35.5(e) Minnesota Supplemental Aid Grants(733,000)-0-

35.6(f) Group Residential Housing Grants(467,000)(706,000)

35.7Subd. 4.Basic Health Care Grants

35.835.9(a) Medical Assistance Basic Health Care Grants - Families and Children(5,599,000)(29,163,000)

35.1035.11(b) Medical Assistance Basic Health Care Grants - Elderly and Disabled(2,331,000)(23,114,000)

35.12Hospital Fee-for-Service Payment Delay.35.13Payments from the Medicaid Management 35.14Information System that would otherwise 35.15have been made for inpatient hospital 35.16services for Minnesota health care program 35.17enrollees must be delayed as follows: for 35.18fiscal year 2011, June payments must be 35.19included in the first payments in fiscal 35.20year 2012. The provisions of Minnesota 35.21Statutes, section 16A.124, do not apply 35.22to these delayed payments. This payment 35.23delay includes, and is not in addition to, the 35.24payment delay for inpatient hospital services 35.25in Laws 2009, chapter 79, article 13, section 35.263, subdivision 6, paragraph (c).35.27Nonhospital Fee-for-Service Payment 35.28Delay. Payments from the Medicaid 35.29Management Information System that would 35.30otherwise have been made for nonhospital 35.31acute care services for Minnesota health 35.32care program enrollees must be delayed as 35.33follows: for fiscal year 2011, June payments 35.34must be included in the first payments in 36.1fiscal year 2012. This payment delay must 36.2not include nursing facilities, intermediate 36.3care facilities for persons with developmental 36.4disabilities, home and community-based 36.5services, prepaid health plans, personal care 36.6provider organizations, and home health 36.7agencies. The provisions of Minnesota 36.8Statutes, section 16A.124, do not apply 36.9to these delayed payments. This payment 36.10delay includes, and is not in addition to, the 36.11payment delay for nonhospital acute care 36.12services in Laws 2009, chapter 79, article 13, 36.13section 3, subdivision 6, paragraph (c).

36.14(c) General Assistance Medical Care Grants(15,879,000)-0-

36.1536.16Subd. 5.Health Care Management; Administration(180,000)(360,000)

36.17Incentive Program and Outreach Grants.36.18The general fund appropriation for the 36.19incentive program under Laws 2008, chapter 36.20358, article 5, section 3, subdivision 4, 36.21paragraph (b), is canceled. This paragraph is 36.22effective retroactively from January 1, 2010.

36.23Subd. 6.Continuing Care Grants

36.24(a) Aging and Adult Services Grants(3,600,000)(900,000)

36.25Community Service/Service Development 36.26Grants Reduction. Effective retroactively 36.27from July 1, 2009, funding for grants made 36.28under Minnesota Statutes, sections 256.9754 36.29and 256B.0917, subdivision 13, is reduced by 36.30$3,600,000 in fiscal year 2010 and $900,000 36.31in fiscal year 2011. Grants made during 36.32fiscal year 2010 under Minnesota Statutes, 36.33section 256.9754, shall not be used for new 36.34construction or building renovation.

37.137.2(b) Medical Assistance Long-Term Care Facilities Grants(3,827,000)(2,520,000)

37.3ICF/MR Variable Rates Suspension.37.4Effective retroactively from July 1, 2009, 37.5to June 30, 2010, no new variable rates 37.6shall be authorized for intermediate care 37.7facilities for persons with developmental 37.8disabilities under Minnesota Statutes, section 37.9256B.5013, subdivision 1.37.10ICF/MR Occupancy Rate Adjustment 37.11Suspension. Effective retroactively from 37.12July 1, 2009, to June 30, 2010, approval 37.13of new applications for occupancy rate 37.14adjustments for unoccupied short-term 37.15beds under Minnesota Statutes, section 37.16256B.5013, subdivision 7, is suspended.

37.1737.18(c) Medical Assistance Long-Term Care Waivers and Home Care Grants(2,318,000)(4,477,000)

37.19Developmental Disability Waiver Acuity 37.20Factor. Effective retroactively from January 37.211, 2010, the January 1, 2010, one percent 37.22growth factor in the developmental disability 37.23waiver allocations under Minnesota Statutes, 37.24section 256B.092, subdivisions 4 and 5, 37.25that is attributable to changes in acuity, is 37.26suspended to June 30, 2011.

37.27(d) Adult Mental Health Grants(5,000,000)-0-

37.28(e) Chemical Dependency Entitlement Grants(3,622,000)(3,622,000)

37.2937.30(f) Chemical Dependency Nonentitlement Grants(393,000)(393,000)

37.31Subd. 7.Continuing Care Management(350,000)-0-

37.32County Maintenance of Effort. The general 37.33fund appropriation for the State-County 37.34Results Accountability and Service Delivery 38.1Reform under Minnesota Statutes, chapter 38.2402A, is canceled. This paragraph is 38.3effective retroactively from July 1, 2009.

38.438.5Subd. 8.State-Operated Services; Adult Mental Health Services(422,000)(4,588,000)

38.6Sec. 4. DEPARTMENT OF HEALTH

38.7Subdivision. 1.Total Appropriation$(527,000)$(525,000)

38.8The appropriation reductions for each 38.9purpose are shown in the following 38.10subdivisions.38.11The reductions in fiscal year 2011, other 38.12than in subdivision 3, are base reductions for 38.13fiscal year 2012 and thereafter.

38.1438.15Subd. 2.Community and Family Health Promotion(53,000)(355,000)

38.16Subd. 3.Policy Quality and Compliance(118,000)(74,000)

38.17Office of Unlicensed Health Care Practice.38.18Of the general fund reduction $74,000 38.19in fiscal year 2011 is from the Office of 38.20Unlicensed Complementary and Alternative 38.21Health Care Practice. This is a onetime 38.22reduction.

38.23Subd. 4.Health Protection(225,000)(74,000)

38.24Subd. 5.Administrative Support Services(131,000)(22,000)

38.25    Sec. 5. Laws 2009, chapter 79, article 13, section 3, subdivision 8, as amended by 38.26Laws 2009, chapter 173, article 2, section 1, subdivision 8, is amended to read:

38.27Subd. 8.Continuing Care Grants

38.28The amounts that may be spent from the 38.29appropriation for each purpose are as follows:

38.30(a) Aging and Adult Services Grants13,499,00015,805,000

39.1Base Adjustment. The general fund base is 39.2increased by $5,751,000 in fiscal year 2012 39.3and $6,705,000 in fiscal year 2013.39.4Information and Assistance 39.5Reimbursement. Federal administrative 39.6reimbursement obtained from information 39.7and assistance services provided by the 39.8Senior LinkAge or Disability Linkage lines 39.9to people who are identified as eligible for 39.10medical assistance shall be appropriated to 39.11the commissioner for this activity.39.12Community Service Development Grant 39.13Reduction. Funding for community service 39.14development grants must be reduced by 39.15$260,000 for fiscal year 2010; $284,000 in 39.16fiscal year 2011; $43,000 in fiscal year 2012; 39.17and $43,000 in fiscal year 2013. Base level 39.18funding shall be restored in fiscal year 2014.39.19Community Service Development Grant 39.20Community Initiative. Funding for 39.21community service development grants shall 39.22be used to offset the cost of aging support 39.23grants. Base level funding shall be restored 39.24in fiscal year 2014.39.25Senior Nutrition Use of Federal Funds.39.26For fiscal year 2010, general fund grants 39.27for home-delivered meals and congregate 39.28dining shall be reduced by $500,000. The 39.29commissioner must replace these general 39.30fund reductions with equal amounts from 39.31federal funding for senior nutrition from the 39.32American Recovery and Reinvestment Act 39.33of 2009.

39.34(b) Alternative Care Grants50,234,00048,576,000

40.1Base Adjustment. The general fund base is 40.2decreased by $3,598,000 in fiscal year 2012 40.3and $3,470,000 in fiscal year 2013.40.4Alternative Care Transfer. Any money 40.5allocated to the alternative care program that 40.6is not spent for the purposes indicated does 40.7not cancel but must be transferred to the 40.8medical assistance account.

40.940.10(c) Medical Assistance Grants; Long-Term Care Facilities.367,444,000419,749,000

40.1140.12(d) Medical Assistance Long-Term Care Waivers and Home Care Grants853,567,0001,039,517,000

40.13Manage Growth in TBI and CADI 40.14Waivers. During the fiscal years beginning 40.15on July 1, 2009, and July 1, 2010, the 40.16commissioner shall allocate money for home 40.17and community-based waiver programs 40.18under Minnesota Statutes, section 
         256B.49, 40.19to ensure a reduction in state spending that is 40.20equivalent to limiting the caseload growth of 40.21the TBI waiver to 12.5 allocations per month 40.22each year of the biennium and the CADI 40.23waiver to 95 allocations per month each year 40.24of the biennium. Limits do not apply: (1) 40.25when there is an approved plan for nursing 40.26facility bed closures for individuals under 40.27age 65 who require relocation due to the 40.28bed closure; (2) to fiscal year 2009 waiver 40.29allocations delayed due to unallotment; or (3) 40.30to transfers authorized by the commissioner 40.31from the personal care assistance program 40.32of individuals having a home care rating 40.33of "CS," "MT," or "HL." Priorities for the 40.34allocation of funds must be for individuals 40.35anticipated to be discharged from institutional 41.1settings or who are at imminent risk of a 41.2placement in an institutional setting.41.3Manage Growth in DD Waiver. The 41.4commissioner shall manage the growth in 41.5the DD waiver by limiting the allocations 41.6included in the February 2009 forecast to 15 41.7additional diversion allocations each month 41.8for the calendar years that begin on January 41.91, 2010, and January 1, 2011. Additional 41.10allocations must be made available for 41.11transfers authorized by the commissioner 41.12from the personal care program of individuals 41.13having a home care rating of "CS," "MT," 41.14or "HL."41.15Adjustment to Lead Agency Waiver 41.16Allocations. Prior to the availability of the 41.17alternative license defined in Minnesota 41.18Statutes, section 
         245A.11, subdivision 8, 41.19the commissioner shall reduce lead agency 41.20waiver allocations for the purposes of 41.21implementing a moratorium on corporate 41.22foster care.41.23Alternatives to Personal Care Assistance 41.24Services. Base level funding of $3,237,000 41.25in fiscal year 2012 and $4,856,000 in 41.26fiscal year 2013 is to implement alternative 41.27services to personal care assistance services 41.28for persons with mental health and other 41.29behavioral challenges who can benefit 41.30from other services that more appropriately 41.31meet their needs and assist them in living 41.32independently in the community. These 41.33services may include, but not be limited to, a 41.341915(i) state plan option.

41.35(e) Mental Health Grants

42.1Appropriations by Fund42.2General77,739,00077,739,00042.3Health Care Access750,000750,00042.4Lottery Prize1,508,0001,508,000

42.5Funding Usage. Up to 75 percent of a fiscal 42.6year's appropriation for adult mental health 42.7grants may be used to fund allocations in that 42.8portion of the fiscal year ending December 42.931.

42.10(f) Deaf and Hard-of-Hearing Grants1,930,0001,917,000

42.11(g) Chemical Dependency Entitlement Grants111,303,000122,822,000

42.12Payments for Substance Abuse Treatment.42.13For services provided during fiscal years 42.142010 and 2011, county-negotiated rates and 42.15provider claims to the consolidated chemical 42.16dependency fund must not exceed rates 42.17charged for these services on January 1, 42.182009; and rates for fiscal years 2010 and 42.192011 must not exceed 160 percent of the 42.20average rate on January 1, 2009, for each 42.21group of vendors with similar attributes. 42.22For services provided in fiscal years 2012 42.23and 2013, statewide average rates under 42.24the new rate methodology to be developed 42.25under Minnesota Statutes, section 
         254B.12, 42.26must not exceed the average rates charged 42.27for these services on January 1, 2009, plus a 42.28state share increase of $3,787,000 for fiscal 42.29year 2012 and $5,023,000 for fiscal year 42.302013. Notwithstanding any provision to the 42.31contrary in this article, this provision expires 42.32on June 30, 2013.42.33Chemical Dependency Special Revenue 42.34Account. For fiscal year 2010, $750,000 42.35must be transferred from the consolidated 43.1chemical dependency treatment fund 43.2administrative account and deposited into the 43.3general fund.43.4County CD Share of MA Costs for 43.5ARRA Compliance. Notwithstanding the 43.6provisions of Minnesota Statutes, chapter 43.7254B, for chemical dependency services 43.8provided during the period October 1, 2008, 43.9to December 31, 2010, and reimbursed by 43.10medical assistance at the enhanced federal 43.11matching rate provided under the American 43.12Recovery and Reinvestment Act of 2009, the 43.13county share is 30 percent of the nonfederal 43.14share. This provision is effective the day 43.15following final enactment.

43.1643.17(h) Chemical Dependency Nonentitlement Grants1,729,0001,729,000

43.18(i) Other Continuing Care Grants19,201,00017,528,000

43.19Base Adjustment. The general fund base is 43.20increased by $2,639,000 in fiscal year 2012 43.21and increased by $3,854,000 in fiscal year 43.222013.43.23Technology Grants. $650,000 in fiscal 43.24year 2010 and $1,000,000 in fiscal year 43.252011 are for technology grants, case 43.26consultation, evaluation, and consumer 43.27information grants related to developing and 43.28supporting alternatives to shift-staff foster 43.29care residential service models.43.30Other Continuing Care Grants; HIV 43.31Grants. Money appropriated for the HIV 43.32drug and insurance grant program in fiscal 43.33year 2010 may be used in either year of the 43.34biennium.44.1Quality Assurance Commission. Effective 44.2July 1, 2009, state funding for the quality 44.3assurance commission under Minnesota 44.4Statutes, section 
         256B.0951, is canceled.44.5    Sec. 6. Laws 2009, chapter 79, article 13, section 4, subdivision 4, as amended by 44.6Laws 2009, chapter 173, article 2, section 2, subdivision 4, is amended to read:

44.7Subd. 4.Health Protection

44.8Appropriations by Fund44.9General9,871,0009,780,00044.1044.11State Government 
                  		Special Revenue30,209,00030,209,000

44.12Base Adjustment. The general fund base is 44.13reduced by $50,000 in each of fiscal years 44.142012 and 2013.44.15Health Protection Appropriations. (a) 44.16$163,000 each year is for the lead abatement 44.17grant program. 44.18(b) $100,000 each year is for emergency 44.19preparedness and response activities. 44.20(c) $50,000 each year is for tuberculosis 44.21prevention and control. This is a onetime 44.22appropriation.44.23(d) $55,000 in fiscal year 2010 is for 44.24pentachlorophenol.44.25(e) $20,000 in fiscal year 2010 is for a PFC 44.26Citizens Advisory Group.44.27American Recovery and Reinvestment 44.28Act Funds. Federal funds received 44.29by the commissioner for immunization 44.30operations from the American Recovery 44.31and Reinvestment Act of 2009, Public Law 44.32111-5, are appropriated to the commissioner 44.33for the purposes of the grant.45.1    Sec. 7. Minnesota Statutes 2009 Supplement, section 256B.056, subdivision 3c, 45.2is amended to read:45.3    Subd. 3c. Asset limitations for families and children. A household of two or 45.4more persons must not own more than $20,000 in total net assets except that this asset 45.5limit shall be $6,000 for the period January 1, 2011, through June 30, 2011, plus $200 45.6for each additional legal dependent, and a household of one person must not own more 45.7than $10,000 in total net assets, except that this asset limit shall be $3,000 for the period 45.8January 1, 2011, through June 30, 2011. In addition to these maximum amounts, an 45.9eligible individual or family may accrue interest on these amounts, but they must be 45.10reduced to the maximum at the time of an eligibility redetermination. The value of assets 45.11that are not considered in determining eligibility for medical assistance for families and 45.12children is the value of those assets excluded under the AFDC state plan as of July 16, 45.131996, as required by the Personal Responsibility and Work Opportunity Reconciliation 45.14Act of 1996 (PRWORA), Public Law 104-193, with the following exceptions:45.15(1) household goods and personal effects are not considered;45.16(2) capital and operating assets of a trade or business up to $200,000 are not 45.17considered, except that a bank account that contains personal income or assets, or is used to 45.18pay personal expenses, is not considered a capital or operating asset of a trade or business;45.19(3) one motor vehicle is excluded for each person of legal driving age who is 45.20employed or seeking employment;45.21(4) assets designated as burial expenses are excluded to the same extent they are 45.22excluded by the Supplemental Security Income program;45.23(5) court-ordered settlements up to $10,000 are not considered;45.24(6) individual retirement accounts and funds are not considered; and45.25(7) assets owned by children are not considered.45.26The assets specified in clause (2) must be disclosed to the local agency at the time of 45.27application and at the time of an eligibility redetermination, and must be verified upon 45.28request of the local agency.45.29EFFECTIVE DATE.This section is effective January 1, 2011.45.30    Sec. 8. Minnesota Statutes 2009 Supplement, section 256B.0659, subdivision 11, 45.31is amended to read:45.32    Subd. 11. Personal care assistant; requirements. (a) A personal care assistant 45.33must meet the following requirements:46.1(1) be at least 18 years of age with the exception of persons who are 16 or 17 years 46.2of age with these additional requirements:46.3(i) supervision by a qualified professional every 60 days; and46.4(ii) employment by only one personal care assistance provider agency responsible 46.5for compliance with current labor laws;46.6(2) be employed by a personal care assistance provider agency;46.7(3) enroll with the department as a personal care assistant after clearing a background 46.8study. Before a personal care assistant provides services, the personal care assistance 46.9provider agency must initiate a background study on the personal care assistant under 46.10chapter 245C, and the personal care assistance provider agency must have received a 46.11notice from the commissioner that the personal care assistant is:46.12(i) not disqualified under section 
         245C.14; or46.13(ii) is disqualified, but the personal care assistant has received a set aside of the 46.14disqualification under section 
         245C.22;46.15(4) be able to effectively communicate with the recipient and personal care 46.16assistance provider agency;46.17(5) be able to provide covered personal care assistance services according to the 46.18recipient's personal care assistance care plan, respond appropriately to recipient needs, 46.19and report changes in the recipient's condition to the supervising qualified professional 46.20or physician;46.21(6) not be a consumer of personal care assistance services;46.22(7) maintain daily written records including, but not limited to, time sheets under 46.23subdivision 12;46.24(8) effective January 1, 2010, complete standardized training as determined by the 46.25commissioner before completing enrollment. Personal care assistant training must include 46.26successful completion of the following training components: basic first aid, vulnerable 46.27adult, child maltreatment, OSHA universal precautions, basic roles and responsibilities of 46.28personal care assistants including information about assistance with lifting and transfers 46.29for recipients, emergency preparedness, orientation to positive behavioral practices, fraud 46.30issues, and completion of time sheets. Upon completion of the training components, 46.31the personal care assistant must demonstrate the competency to provide assistance to 46.32recipients;46.33(9) complete training and orientation on the needs of the recipient within the first 46.34seven days after the services begin; and46.35(10) be limited to providing and being paid for up to 310 hours per month, except 46.36that this limit shall be 275 hours per month for the period July 1, 2009, through June 30, 47.12010, of personal care assistance services regardless of the number of recipients being 47.2served or the number of personal care assistance provider agencies enrolled with.47.3(b) A legal guardian may be a personal care assistant if the guardian is not being paid 47.4for the guardian services and meets the criteria for personal care assistants in paragraph (a).47.5(c) Effective January 1, 2010, persons who do not qualify as a personal care assistant 47.6include parents and stepparents of minors, spouses, paid legal guardians, family foster 47.7care providers, except as otherwise allowed in section 
         256B.0625, subdivision 19a, or 47.8staff of a residential setting.47.9EFFECTIVE DATE.This section is effective retroactively from July 1, 2009.47.10    Sec. 9. Minnesota Statutes 2009 Supplement, section 256B.441, subdivision 55, 47.11is amended to read:47.12    Subd. 55. Phase-in of rebased operating payment rates.  (a) For the rate years 47.13beginning October 1, 2008, to October 1, 2015, the operating payment rate calculated 47.14under this section shall be phased in by blending the operating rate with the operating 47.15payment rate determined under section 
         256B.434. For purposes of this subdivision, the 47.16rate to be used that is determined under section 
         256B.434 shall not include the portion of 47.17the operating payment rate related to performance-based incentive payments under section 47.18256B.434, subdivision 4
         , paragraph (d). For the rate year beginning October 1, 2008, the 47.19operating payment rate for each facility shall be 13 percent of the operating payment rate 47.20from this section, and 87 percent of the operating payment rate from section 
         256B.434. 47.21For the rate year beginning October 1, 2009, the operating payment rate for each facility 47.22shall be 14 percent of the operating payment rate from this section, and 86 percent of the 47.23operating payment rate from section 256B.434. For rate years beginning October 1, 2009; 47.24October 1, 2010; October 1, 2011; and October 1, 2012, no rate adjustments shall be 47.25implemented under this section, but shall be determined under section 
         256B.434. For the 47.26rate year beginning October 1, 2013, the operating payment rate for each facility shall be 47.2765 percent of the operating payment rate from this section, and 35 percent of the operating 47.28payment rate from section 
         256B.434. For the rate year beginning October 1, 2014, the 47.29operating payment rate for each facility shall be 82 percent of the operating payment rate 47.30from this section, and 18 percent of the operating payment rate from section 
         256B.434. For 47.31the rate year beginning October 1, 2015, the operating payment rate for each facility shall 47.32be the operating payment rate determined under this section. The blending of operating 47.33payment rates under this section shall be performed separately for each RUG's class.48.1    (b) For the rate year beginning October 1, 2008, the commissioner shall apply limits 48.2to the operating payment rate increases under paragraph (a) by creating a minimum 48.3percentage increase and a maximum percentage increase.48.4    (1) Each nursing facility that receives a blended October 1, 2008, operating payment 48.5rate increase under paragraph (a) of less than one percent, when compared to its operating 48.6payment rate on September 30, 2008, computed using rates with RUG's weight of 
         1.00, 48.7shall receive a rate adjustment of one percent.48.8    (2) The commissioner shall determine a maximum percentage increase that will 48.9result in savings equal to the cost of allowing the minimum increase in clause (1). Nursing 48.10facilities with a blended October 1, 2008, operating payment rate increase under paragraph 48.11(a) greater than the maximum percentage increase determined by the commissioner, when 48.12compared to its operating payment rate on September 30, 2008, computed using rates with 48.13a RUG's weight of 
         1.00, shall receive the maximum percentage increase.48.14    (3) Nursing facilities with a blended October 1, 2008, operating payment rate 48.15increase under paragraph (a) greater than one percent and less than the maximum 48.16percentage increase determined by the commissioner, when compared to its operating 48.17payment rate on September 30, 2008, computed using rates with a RUG's weight of 
         1.00, 48.18shall receive the blended October 1, 2008, operating payment rate increase determined 48.19under paragraph (a).48.20    (4) The October 1, 2009, through October 1, 2015, operating payment rate for 48.21facilities receiving the maximum percentage increase determined in clause (2) shall be 48.22the amount determined under paragraph (a) less the difference between the amount 48.23determined under paragraph (a) for October 1, 2008, and the amount allowed under clause 48.24(2). This rate restriction does not apply to rate increases provided in any other section.48.25    (c) A portion of the funds received under this subdivision that are in excess of 48.26operating payment rates that a facility would have received under section 
         256B.434, as 48.27determined in accordance with clauses (1) to (3), shall be subject to the requirements in 48.28section 
         256B.434, subdivision 19, paragraphs (b) to (h).48.29    (1) Determine the amount of additional funding available to a facility, which shall be 48.30equal to total medical assistance resident days from the most recent reporting year times 48.31the difference between the blended rate determined in paragraph (a) for the rate year being 48.32computed and the blended rate for the prior year.48.33    (2) Determine the portion of all operating costs, for the most recent reporting year, 48.34that are compensation related. If this value exceeds 75 percent, use 75 percent.48.35    (3) Subtract the amount determined in clause (2) from 75 percent.49.1    (4) The portion of the fund received under this subdivision that shall be subject to 49.2the requirements in section 
         256B.434, subdivision 19, paragraphs (b) to (h), shall equal 49.3the amount determined in clause (1) times the amount determined in clause (3).49.4EFFECTIVE DATE.This section is effective retroactively from October 1, 2009.49.5    Sec. 10. Minnesota Statutes 2009 Supplement, section 256B.69, subdivision 5a, 49.6is amended to read:49.7    Subd. 5a. Managed care contracts. (a) Managed care contracts under this section 49.8and sections 
         256L.12 and 
         256D.03, shall be entered into or renewed on a calendar year 49.9basis beginning January 1, 1996. Managed care contracts which were in effect on June 49.1030, 1995, and set to renew on July 1, 1995, shall be renewed for the period July 1, 1995 49.11through December 31, 1995 at the same terms that were in effect on June 30, 1995. The 49.12commissioner may issue separate contracts with requirements specific to services to 49.13medical assistance recipients age 65 and older.49.14    (b) A prepaid health plan providing covered health services for eligible persons 49.15pursuant to chapters 256B, 256D, and 256L, is responsible for complying with the terms 49.16of its contract with the commissioner. Requirements applicable to managed care programs 49.17under chapters 256B, 256D, and 256L, established after the effective date of a contract 49.18with the commissioner take effect when the contract is next issued or renewed.49.19    (c) Effective for services rendered on or after January 1, 2003, the commissioner 49.20shall withhold five percent of managed care plan payments under this section and 49.21county-based purchasing plan's payment rate under section 
         256B.692 for the prepaid 49.22medical assistance and general assistance medical care programs pending completion of 49.23performance targets. Each performance target must be quantifiable, objective, measurable, 49.24and reasonably attainable, except in the case of a performance target based on a federal 49.25or state law or rule. Criteria for assessment of each performance target must be outlined 49.26in writing prior to the contract effective date. The managed care plan must demonstrate, 49.27to the commissioner's satisfaction, that the data submitted regarding attainment of 49.28the performance target is accurate. The commissioner shall periodically change the 49.29administrative measures used as performance targets in order to improve plan performance 49.30across a broader range of administrative services. The performance targets must include 49.31measurement of plan efforts to contain spending on health care services and administrative 49.32activities. The commissioner may adopt plan-specific performance targets that take into 49.33account factors affecting only one plan, including characteristics of the plan's enrollee 49.34population. The withheld funds must be returned no sooner than July of the following 50.1year if performance targets in the contract are achieved. The commissioner may exclude 50.2special demonstration projects under subdivision 23.50.3    (d) Effective for services rendered on or after January 1, 2009, through December 31, 50.42009, the commissioner shall withhold three percent of managed care plan payments under 50.5this section and county-based purchasing plan payments under section 
         256B.692 for the 50.6prepaid medical assistance and general assistance medical care programs. The withheld 50.7funds must be returned no sooner than July 1 and no later than July 31 of the following 50.8year. The commissioner may exclude special demonstration projects under subdivision 23.50.9    The return of the withhold under this paragraph is not subject to the requirements of 50.10paragraph (c).50.11(e) Effective for services provided on or after January 1, 2010, the commissioner 50.12shall require that managed care plans use the assessment and authorization processes, 50.13forms, timelines, standards, documentation, and data reporting requirements, protocols, 50.14billing processes, and policies consistent with medical assistance fee-for-service or the 50.15Department of Human Services contract requirements consistent with medical assistance 50.16fee-for-service or the Department of Human Services contract requirements for all 50.17personal care assistance services under section 
         256B.0659.50.18(f) Effective for services rendered on or after January 1, 2010, through December 50.1931, 2010, the commissioner shall withhold 3.5 4.5 percent of managed care plan payments 50.20under this section and county-based purchasing plan payments under section 
         256B.692 50.21for the prepaid medical assistance program. The withheld funds must be returned no 50.22sooner than July 1 and no later than July 31 of the following year. The commissioner may 50.23exclude special demonstration projects under subdivision 23.50.24(g) Effective for services rendered on or after January 1, 2011, through December 31, 50.252011, the commissioner shall withhold four4.5 percent of managed care plan payments 50.26under this section and county-based purchasing plan payments under section 
         256B.69250.27for the prepaid medical assistance program. The withheld funds must be returned no 50.28sooner than July 1 and no later than July 31 of the following year. The commissioner 50.29may exclude special demonstration projects under subdivision 23. If an extension of the 50.30enhanced federal medical assistance percentage (FMAP) under Public Law 111-5, section 50.315001, is enacted before June 15, 2010, the withhold percentage stated in this paragraph 50.32shall be 4.0 percent.50.33(h) Effective for services rendered on or after January 1, 2012, through December 50.3431, 2012, the commissioner shall withhold 4.5 percent of managed care plan payments 50.35under this section and county-based purchasing plan payments under section 
         256B.692 50.36for the prepaid medical assistance program. The withheld funds must be returned no 51.1sooner than July 1 and no later than July 31 of the following year. The commissioner may 51.2exclude special demonstration projects under subdivision 23.51.3(i) Effective for services rendered on or after January 1, 2013, through December 31, 51.42013, the commissioner shall withhold 4.5 percent of managed care plan payments under 51.5this section and county-based purchasing plan payments under section 
         256B.692 for the 51.6prepaid medical assistance program. The withheld funds must be returned no sooner than 51.7July 1 and no later than July 31 of the following year. The commissioner may exclude 51.8special demonstration projects under subdivision 23.51.9(j) Effective for services rendered on or after January 1, 2014, the commissioner 51.10shall withhold three percent of managed care plan payments under this section and 51.11county-based purchasing plan payments under section 
         256B.692 for the prepaid medical 51.12assistance and prepaid general assistance medical care programs. The withheld funds must 51.13be returned no sooner than July 1 and no later than July 31 of the following year. The 51.14commissioner may exclude special demonstration projects under subdivision 23.51.15(k) A managed care plan or a county-based purchasing plan under section 
         256B.692 51.16may include as admitted assets under section 
         62D.044 any amount withheld under this 51.17section that is reasonably expected to be returned.51.18(l) Contracts between the commissioner and a prepaid health plan are exempt from 51.19the set-aside and preference provisions of section 
         16C.16, subdivisions 6, paragraph 51.20(a), and 7.51.21EFFECTIVE DATE.The additional withhold percentage in paragraph (f) is 51.22effective retroactively from January 1, 2010.51.23    Sec. 11. Minnesota Statutes 2009 Supplement, section 256B.76, subdivision 1, is 51.24amended to read:51.25    Subdivision 1. Physician reimbursement.  (a) Effective for services rendered on 51.26or after October 1, 1992, the commissioner shall make payments for physician services 51.27as follows:51.28    (1) payment for level one Centers for Medicare and Medicaid Services' common 51.29procedural coding system codes titled "office and other outpatient services," "preventive 51.30medicine new and established patient," "delivery, antepartum, and postpartum care," 51.31"critical care," cesarean delivery and pharmacologic management provided to psychiatric 51.32patients, and level three codes for enhanced services for prenatal high risk, shall be paid 51.33at the lower of (i) submitted charges, or (ii) 25 percent above the rate in effect on June 51.3430, 1992. If the rate on any procedure code within these categories is different than the 52.1rate that would have been paid under the methodology in section 
         256B.74, subdivision 2, 52.2then the larger rate shall be paid;52.3    (2) payments for all other services shall be paid at the lower of (i) submitted charges, 52.4or (ii) 15.4 percent above the rate in effect on June 30, 1992; and52.5    (3) all physician rates shall be converted from the 50th percentile of 1982 to the 50th 52.6percentile of 1989, less the percent in aggregate necessary to equal the above increases 52.7except that payment rates for home health agency services shall be the rates in effect 52.8on September 30, 1992.52.9    (b) Effective for services rendered on or after January 1, 2000, payment rates for 52.10physician and professional services shall be increased by three percent over the rates 52.11in effect on December 31, 1999, except for home health agency and family planning 52.12agency services. The increases in this paragraph shall be implemented January 1, 2000, 52.13for managed care.52.14(c) Effective for services rendered on or after July 1, 2009, payment rates for 52.15physician and professional services shall be reduced by five percent, except that for the 52.16period July 1, 2009, through June 30, 2011, payments rates shall be reduced by 6.5 percent 52.17for the medical assistance and general assistance medical care programs, over the rates 52.18in effect on June 30, 2009. The additional 1.5 percent reduction in effect for the period 52.19from July 1, 2010, through June 30, 2011, does not apply to physician services billed by a 52.20psychiatrist or an advanced practice registered nurse with a specialty in mental health. 52.21This reduction does not apply to office or other outpatient visits, preventive medicine visits 52.22and family planning visits billed by physicians, advanced practice nurses, or physician 52.23assistants in a family planning agency or in one of the following primary care practices: 52.24general practice, general internal medicine, general pediatrics, general geriatrics, and 52.25family medicine. This reduction does not apply to federally qualified health centers, 52.26rural health centers, and Indian health services. Effective October 1, 2009, payments 52.27made to managed care plans and county-based purchasing plans under sections 
         256B.69, 52.28256B.692
         , and 
         256L.12 shall reflect the payment reduction described in this paragraph.52.29EFFECTIVE DATE.The additional rate reductions in this section are effective 52.30retroactively from July 1, 2009.52.31    Sec. 12. Minnesota Statutes 2008, section 256B.76, subdivision 4, is amended to read:52.32    Subd. 4. Critical access dental providers. (a) Effective for dental services rendered 52.33on or after January 1, 2002, the commissioner shall increase reimbursements to dentists 52.34and dental clinics deemed by the commissioner to be critical access dental providers. 52.35For dental services rendered on or after July 1, 2007, the commissioner shall increase 53.1reimbursement by 30 percent above the reimbursement rate that would otherwise be paid to 53.2the critical access dental provider. The commissioner shall pay the health plan companies 53.3in amounts sufficient to reflect increased reimbursements to critical access dental providers 53.4as approved by the commissioner. In determining which dentists and dental clinics shall 53.5be deemed critical access dental providers, the commissioner shall review:53.6    (1) the utilization rate in the service area in which the dentist or dental clinic operates 53.7for dental services to patients covered by medical assistance, general assistance medical 53.8care, or MinnesotaCare as their primary source of coverage;53.9    (2) the level of services provided by the dentist or dental clinic to patients covered 53.10by medical assistance, general assistance medical care, or MinnesotaCare as their primary 53.11source of coverage; and53.12    (3) whether the level of services provided by the dentist or dental clinic is critical to 53.13maintaining adequate levels of patient access within the service area.53.14In the absence of a critical access dental provider in a service area, the commissioner may 53.15designate a dentist or dental clinic as a critical access dental provider if the dentist or 53.16dental clinic is willing to provide care to patients covered by medical assistance, general 53.17assistance medical care, or MinnesotaCare at a level which significantly increases access 53.18to dental care in the service area.53.19(b) Notwithstanding paragraph (a), critical access payments must not be made for 53.20dental services provided from April 1, 2010, through June 30, 2010.53.21EFFECTIVE DATE.This section is effective retroactively from April 1, 2010.53.22    Sec. 13. Minnesota Statutes 2009 Supplement, section 256B.766, is amended to read:53.23256B.766 REIMBURSEMENT FOR BASIC CARE SERVICES.53.24(a) Effective for services provided on or after July 1, 2009, total payments for basic 53.25care services, shall be reduced by three percent, except that for the period July 1, 2009, 53.26through June 30, 2011, total payments shall be reduced by 4.5 percent for the medical 53.27assistance and general assistance medical care programs, prior to third-party liability 53.28and spenddown calculation. Payments made to managed care plans and county-based 53.29purchasing plans shall be reduced for services provided on or after October 1, 2009, 53.30to reflect this reduction.53.31(b) This section does not apply to physician and professional services, inpatient 53.32hospital services, family planning services, mental health services, dental services, 53.33prescription drugs, medical transportation, federally qualified health centers, rural health 53.34centers, Indian health services, and Medicare cost-sharing.54.1EFFECTIVE DATE.The additional rate reductions in this section are effective 54.2retroactively from July 1, 2009.54.3    Sec. 14. REDUCTION OF GROUP RESIDENTIAL HOUSING 54.4SUPPLEMENTAL SERVICE RATE.54.5Effective retroactively from November 1, 2009, through June 30, 2011, the 54.6commissioner of human services shall decrease the group residential housing (GRH) 54.7supplementary service rate under Minnesota Statutes, section 256I.05, subdivision 1a, by 54.8five percent for services rendered on or after that date, except that reimbursement rates 54.9for a GRH facility reimbursed as a nursing facility shall not be reduced. The reduction 54.10in this paragraph is in addition to the reduction under Laws 2009, chapter 79, article 54.118, section 79, paragraph (b), clause (11).54.12EFFECTIVE DATE.This section is effective retroactively from November 1, 2009.54.13    Sec. 15. ARTICLE EFFECTIVE DATE.54.14This article is effective the day following final enactment. If an extension of the 54.15enhanced federal medical assistance percentage (FMAP) under Public Law 111-5, section 54.165001, to at least June 30, 2011, is enacted by June 15, 2010, and notwithstanding the 54.17immediate or retroactive effective dates for various sections of this article, reductions in 54.18this article effective on or after July 1, 2010, except for reductions to appropriations for 54.19state agency administrative costs in section 3, subdivision 2, and section 4, shall not 54.20take effect.54.21ARTICLE 1454.22AIDS, CREDITS, REFUNDS54.23    Section 1. Minnesota Statutes 2008, section 273.1384, subdivision 6, as added by Laws 54.242010, chapter 215, article 13, section 2, is amended to read:54.25    Subd. 6. Credit reduction. In 2011 and each year thereafter, the market value 54.26credit reimbursement amount for each taxing jurisdiction determined under this section 54.27is reduced by the dollar amount of the reduction in market value credit reimbursements 54.28for that taxing jurisdiction in 2010 due to unallotmentthe reductions announced prior 54.29to February 28, 2010, under section 16A.152 under section 477A.0133. No taxing 54.30jurisdiction's market value credit reimbursements are reduced to less than zero under 54.31this subdivision. The commissioner of revenue shall pay the annual market value credit 55.1reimbursement amounts, after reduction under this subdivision, to the affected taxing 55.2jurisdictions as provided in this section.55.3EFFECTIVE DATE.This section is effective for taxes payable in 2011 and 55.4thereafter.55.5    Sec. 2. [477A.0133] 2009 AND 2010 AID REDUCTIONS.55.6    Subdivision 1.Definitions.(a) For the purposes of this section, the following terms 55.7have the meanings given them in this subdivision.55.8(b) The "2009 revenue base" for a statutory or home rule charter city is the sum of 55.9the city's certified property tax levy for taxes payable in 2009, plus the amount of local 55.10government aid under section 477A.013, subdivision 9, that the city was certified to 55.11receive in 2009, plus the amount of taconite aids under sections 298.28 and 298.282 that 55.12the city was certified to receive in 2009, including any amounts required to be placed in a 55.13special fund for distribution in a later year.55.14(c) The "2009 revenue base" for a county is the sum of the county's certified property 55.15tax levy for taxes payable in 2009, plus the amount of county program aid under section 55.16477A.0124 that the county was certified to receive in 2009, plus the amount of taconite 55.17aids under sections 298.28 and 298.282 that the county was certified to receive in 2009, 55.18including any amounts required to be placed in a special fund for distribution in a later year.55.19(d) The "2009 revenue base" for a town is the sum of the town's certified property 55.20tax levy for taxes payable in 2009, plus the amount of aid under section 477A.013 that 55.21the town was certified to receive in 2009, plus the amount of taconite aids under sections 55.22298.28 and 298.282 that the town was certified to receive in 2009, including any amounts 55.23required to be placed in a special fund for distribution in a later year. 55.24(e) "Population" means the population of the county, city, or town for 2007 based on 55.25information available to the commissioner of revenue in July 2009.55.26(f) "Adjusted net tax capacity" means the amount of net tax capacity for the county, 55.27city, or town, computed using equalized market values according to section 477A.011, 55.28subdivision 20, for aid payable in 2009.55.29(g) "Adjusted net tax capacity per capita" means the jurisdiction's adjusted net tax 55.30capacity divided by its population.55.31    Subd. 2.2009 aid reductions.(a) The commissioner of revenue must compute a 55.322009 aid reduction amount for each county. 55.33The aid reduction amount is zero for a county with a population of less than 5,000, 55.34and is zero for a county containing the Shooting Star Casino property that was removed 55.35from the tax rolls in 2009.56.1For all other counties, the aid reduction amount is equal to 1.188968672 percent of 56.2the county's 2009 revenue base.56.3The reduction amount is limited to the sum of the amount of county program aid 56.4under section 477A.0124 that the county was certified to receive in 2009, plus the amount 56.5of market value credit reimbursements under section 273.1384 payable to the county in 56.62009 before the reductions in this section.56.7The reduction amount is applied first to reduce the amount payable to the county 56.8in 2009 as county program aid under section 477A.013 and then, if necessary, to reduce 56.9the amount payable to the county in 2009 as market value credit reimbursements under 56.10section 273.1384.56.11No county's aid or reimbursements are reduced to less than zero under this section.56.12(b) The commissioner of revenue must compute a 2009 aid reduction amount for 56.13each city.56.14The aid reduction amount is zero for any city with a population of less than 1,000 that 56.15has an adjusted net tax capacity per capita amount less than the statewide average adjusted 56.16net tax capacity amount per capita for all cities. The aid reduction amount is also zero for 56.17a city located outside the seven-county metropolitan area, with a 2006 population greater 56.18than 3,500, a pre-1940 housing percentage greater than 29 percent, a commercial-industrial 56.19percentage less than nine percent, and a population decline percentage of zero based on the 56.20data used to certify the 2009 local government aid distribution under section 477A.013.56.21For all other cities, the aid reduction amount is equal to 3.3127634 percent of the 56.22city's 2009 revenue base.56.23The reduction amount is limited to the sum of the amount of local government aid 56.24under section 477A.013, subdivision 9, that the city was certified to receive in 2009, plus 56.25the amount of market value credit reimbursements under section 273.1384 payable to the 56.26city in 2009 before the reductions in this section. 56.27The reduction amount for a city is further limited to $22 per capita.56.28The reduction amount is applied first to reduce the amount payable to the city in 56.292009 as local government aid under section 477A.013 and then, if necessary, to reduce 56.30the amount payable to the city in 2009 as market value credit reimbursements under 56.31section 273.1384.56.32No city's aid or reimbursements are reduced to less than zero under this section.56.33(c) The commissioner of revenue must compute a 2009 aid reduction amount for 56.34each town.57.1The aid reduction amount is zero for any town with a population of less than 1,000 57.2that has an adjusted net tax capacity per capita amount less than the statewide average 57.3adjusted net tax capacity amount per capita for all towns.57.4For all other towns, the aid reduction amount is equal to 1.735103 percent of the 57.5town's 2009 revenue base.57.6The reduction amount is limited to $5 per capita.57.7The reduction amount is applied to reduce the amount payable to the town in 2009 57.8as market value credit reimbursements under section 273.1384.57.9No town's reimbursements are reduced to less than zero under this section. 57.10    Subd. 3.2010 aid reductions.(a) The commissioner of revenue must compute a 57.112010 aid reduction amount for each county.57.12The aid reduction amount is zero for a county with a population of less than 5,000, 57.13and is zero for a county containing the Shooting Star Casino property that was removed 57.14from the tax rolls in 2009.57.15For all other counties, the aid reduction amount is equal to 2.41396687 percent of 57.16the county's 2009 revenue base.57.17The reduction amount is limited to the sum of the amount of county program aid 57.18under section 477A.0124 that the county was certified to receive in 2009, plus the amount 57.19of market value credit reimbursements under section 273.1384 payable to the county in 57.202009 before the reductions in this section.57.21The reduction amount is applied first to reduce the amount payable to the county 57.22in 2010 as county program aid under section 477A.013 and then, if necessary, to reduce 57.23the amount payable to the county in 2010 as market value credit reimbursements under 57.24section 273.1384.57.25No county's aid or reimbursements are reduced to less than zero under this section.57.26(b) The commissioner of revenue must compute a 2010 aid reduction amount for 57.27each city. 57.28The aid reduction amount is zero for any city with a population of less than 1,000 57.29that has an adjusted net tax capacity per capita amount less than the statewide average 57.30adjusted net tax capacity amount per capita for all cities. 57.31For all other cities, the aid reduction amount is equal to 7.643803025 percent of the 57.32city's 2009 revenue base.57.33The reduction amount is limited to the sum of the amount of local government aid 57.34under section 477A.013, subdivision 9, that the city was certified to receive in 2010, plus 57.35the amount of market value credit reimbursements under section 273.1384 payable to the 57.36city in 2010 before the reductions in this section. 58.1The reduction amount for a city is further limited to $55 per capita.58.2The reduction amount is applied first to reduce the amount payable to the city in 58.32010 as local government aid under section 477A.013 and then, if necessary, to reduce 58.4the amount payable to the city in 2010 as market value credit reimbursements under 58.5section 273.1384.58.6No city's aid or reimbursements are reduced to less than zero under this section.58.7(c) The commissioner of revenue must compute a 2010 aid reduction amount for 58.8each town.58.9The aid reduction amount is zero for any town with a population of less than 1,000 58.10that has an adjusted net tax capacity per capita amount less than the statewide average 58.11adjusted net tax capacity amount per capita for all towns.58.12For all other towns, the aid reduction amount is equal to 3.660798 percent of the 58.13town's 2009 revenue base.58.14The reduction amount is limited to $10 per capita.58.15The reduction amount is applied to reduce the amount payable to the town in 2010 58.16as market value credit reimbursements under section 273.1384.58.17No town's reimbursements are reduced to less than zero under this section.58.18EFFECTIVE DATE.This section is effective the day following final enactment 58.19and is retroactive for aids and credit reimbursements payable in 2009.58.20    Sec. 3. Laws 2010, chapter 215, article 13, section 6, is amended to read:58.21    Sec. 6. 477A.0133 ADDITIONAL 2010 AID AND CREDIT REDUCTIONS.58.22    Subdivision 1. Definitions. (a) For the purposes of this section, the following terms 58.23have the meanings given them in this subdivision.58.24(b) The "2010 revenue base" for a county is the sum of the county's certified property 58.25tax levy for taxes payable in 2010, plus the amount of county program aid under section 58.26477A.0124
          that the county was certified to receive in 2010, plus the amount of taconite 58.27aids under sections 
         298.28 and 
         298.282 that the county was certified to receive in 2010 58.28including any amounts required to be placed in a special fund for distribution in a later year.58.29(c) The "2010 revenue base" for a statutory or home rule charter city is the sum of 58.30the city's certified property tax levy for taxes payable in 2010, plus the amount of local 58.31government aid under section 
         477A.013, subdivision 9, that the city was certified to 58.32receive in 2010, plus the amount of taconite aids under sections 
         298.28 and 
         298.282 that 58.33the city was certified to receive in 2010 including any amounts required to be placed in a 58.34special fund for distribution in a later year.59.1    Subd. 2. 2010 reductions; counties and cities. The commissioner of revenue 59.2must compute additional 2010 aid and credit reimbursement reduction amounts for each 59.3county and city under this section, after implementing any reduction of county program 59.4aid under section 
         477A.0124, local government aid under section 
         477A.013, or market 59.5value credit reimbursements under section 
         273.1384, to reflect the reduction of allotments 59.6under section 16A.152 reductions under section 477A.0133.59.7The additional reduction amounts under this section are limited to the sum of the 59.8amount of county program aid under section 
         477A.0124, local government aid under 59.9section 
         477A.013, and market value credit reimbursements under section 
         273.138459.10payable to the county or city in 2010 before the reductions in this section, but after the 59.11reductions for unallotments under section 477A.0133.59.12The reduction amount under this section is applied first to reduce the amount 59.13payable to the county or city in 2010 as market value credit reimbursements under section 59.14273.1384
         , and then if necessary, to reduce the amount payable as either county program 59.15aid under section 
         477A.0124 in the case of a county, or local government aid under section 59.16477A.013
          in the case of a city.59.17No aid or reimbursement amount is reduced to less than zero under this section.59.18The additional 2010 aid reduction amount for a county is equal to 1.82767 percent 59.19of the county's 2010 revenue base. The additional 2010 aid reduction amount for a city 59.20is equal to the lesser of (1) 3.4287 percent of the city's 2010 revenue base or (2) $28 59.21multiplied by the city's 2008 population.59.22EFFECTIVE DATE.This section is effective the day following final enactment.59.23    Sec. 4. REFUNDS AND CREDITS.59.24    Subdivision 1.Political contribution credit.Notwithstanding the provisions of 59.25Minnesota Statutes, section 290.06, subdivision 23, or any other law to the contrary, the 59.26political contribution refund does not apply to contributions made after June 30, 2009, 59.27and before July 1, 2011.59.28    Subd. 2.Property tax refund.For property tax refunds based on rent paid during 59.29calendar year 2009 only, but also applying to refunds based on property taxes payable in 59.302010 that include gross rent paid in 2009, the following rules apply:59.31(1) "rent constituting property taxes" must be calculated by substituting "15 percent" 59.32for "19 percent" under Minnesota Statutes, section 290A.03, subdivision 11; and59.33(2) "property taxes payable" must be calculated under Minnesota Statutes, section 59.34290A.03, subdivision 13, by substituting "15 percent" for "19 percent" in determining the 59.35portion of gross rent paid that is included in property taxes payable.60.1    Subd. 3.Sustainable forest incentive program.The maximum sustainable forest 60.2incentive program payments under Minnesota Statutes, section 290C.07, per each Social 60.3Security number or state or federal business tax identification number must not exceed 60.4$100,000. The provisions of this subdivision apply only to payments made during fiscal 60.5year 2011.60.6EFFECTIVE DATE.This section is effective the day following final enactment.60.7    Sec. 5. LEVY VALIDATION.60.8Any special levy under Minnesota Statutes, section 275.70, subdivision 5, clause 60.9(22), approved by the commissioner of revenue for taxes payable in 2010, is validated 60.10notwithstanding a later judicial decision that may affect the validity of unallotments that 60.11were announced in 2009. A local government may not levy under Minnesota Statutes, 60.12section 275.70, subdivision 5, clause (22), for taxes payable in 2011 for any retroactive 60.13reduction in aid and credit reimbursements for aids and credits payable in 2008 or 2009.60.14EFFECTIVE DATE.This section is effective the day following final enactment.60.15ARTICLE 1560.16SPECIAL REVENUE FUND60.17    Section 1. Minnesota Statutes 2008, section 3.9741, subdivision 2, is amended to read:60.18    Subd. 2. Postsecondary Education Board. The legislative auditor may enter into 60.19an interagency agreement with the Board of Trustees of the Minnesota State Colleges and 60.20Universities to conduct financial audits, in addition to audits conducted under section 60.213.972, subdivision 2
         . All payments received for audits requested by the board shall be 60.22added to the appropriation for deposited in the special revenue fund and appropriated to60.23the legislative auditor to pay audit expenses. 60.24    Sec. 2. Minnesota Statutes 2008, section 8.15, subdivision 3, is amended to read:60.25    Subd. 3. Agreements. (a) To facilitate the delivery of legal services, the attorney 60.26general may:60.27(1) enter into agreements with executive branch agencies, political subdivisions, or 60.28quasi-state agencies to provide legal services for the benefit of the citizens of Minnesota; 60.29and60.30(2) in addition to funds otherwise appropriated by the legislature, accept and spend 60.31funds received under any agreement authorized in clause (1) for the purpose set forth in 61.1clause (1), subject to a report of receipts to the chairs of the senate Finance Committee and 61.2the house of representatives Ways and Means Committee by October 15 each year.61.3(b) When entering into an agreement for legal services, the attorney general must 61.4notify the committees responsible for funding the Office of the Attorney General. When 61.5the attorney general enters into an agreement with a state agency, the attorney general 61.6must also notify the committees responsible for funding that agency.61.7Funds received under this subdivision must be deposited in the generalan account in 61.8the special revenue fund and are appropriated to the attorney general for the purposes set 61.9forth in this subdivision.61.10    Sec. 3. Minnesota Statutes 2008, section 13.03, subdivision 10, is amended to read:61.11    Subd. 10. Costs for providing copies of data. Money may be collected by a 61.12responsible authority in a state agency for the actual cost to the agency of providing 61.13copies or electronic transmittal of government data is appropriated to the agency and 61.14added to the appropriations from which the costs were paid. When money collected for 61.15purposes of this section is of a magnitude sufficient to warrant a separate account in the 61.16state treasury, that money must be deposited in a fund other than the general fund and is 61.17appropriated to the agency.61.18    Sec. 4. Minnesota Statutes 2008, section 16C.23, subdivision 6, is amended to read:61.19    Subd. 6. State surplus property. The commissioner may do any of the following to 61.20dispose of state surplus property:61.21(1) transfer it to or between state agencies;61.22(2) transfer it to a governmental unit or nonprofit organization in Minnesota; or61.23(3) sell it and charge a fee to cover expenses incurred by the commissioner in the 61.24disposal of the surplus property.61.25The proceeds of the sale less the fee must be deposited in an account in a fund other 61.26than the general fund and are appropriated to the agency for whose account the sale was 61.27made, to be used and expended by that agency to purchase similar state property.61.28    Sec. 5. Minnesota Statutes 2008, section 103B.101, subdivision 9, is amended to read:61.29    Subd. 9. Powers and duties. In addition to the powers and duties prescribed 61.30elsewhere, the board shall:61.31(1) coordinate the water and soil resources planning activities of counties, soil and 61.32water conservation districts, watershed districts, watershed management organizations, 62.1and any other local units of government through its various authorities for approval of 62.2local plans, administration of state grants, and by other means as may be appropriate;62.3(2) facilitate communication and coordination among state agencies in cooperation 62.4with the Environmental Quality Board, and between state and local units of government, 62.5in order to make the expertise and resources of state agencies involved in water and soil 62.6resources management available to the local units of government to the greatest extent 62.7possible;62.8(3) coordinate state and local interests with respect to the study in southwestern 62.9Minnesota under United States Code, title 16, section 1009;62.10(4) develop information and education programs designed to increase awareness 62.11of local water and soil resources problems and awareness of opportunities for local 62.12government involvement in preventing or solving them;62.13(5) provide a forum for the discussion of local issues and opportunities relating 62.14to water and soil resources management;62.15(6) adopt an annual budget and work program that integrate the various functions 62.16and responsibilities assigned to it by law; and62.17(7) report to the governor and the legislature by October 15 of each even-numbered 62.18year with an assessment of board programs and recommendations for any program 62.19changes and board membership changes necessary to improve state and local efforts 62.20in water and soil resources management.62.21The board may accept grants, gifts, donations, or contributions in money, services, 62.22materials, or otherwise from the United States, a state agency, or other source to achieve 62.23an authorized purpose. The board may enter into a contract or agreement necessary or 62.24appropriate to accomplish the transfer. The board may receive and expend money to 62.25acquire conservation easements, as defined in chapter 84C, on behalf of the state and 62.26federal government consistent with the Camp Ripley's Army Compatible Use Buffer 62.27Project.62.28Any money received is hereby deposited in an account in a fund other than the 62.29general fund and appropriated and dedicated for the purpose for which it is granted.62.30    Sec. 6. Minnesota Statutes 2008, section 103I.681, subdivision 11, is amended to read:62.31    Subd. 11. Permit fee schedule. (a) The commissioner of natural resources shall 62.32adopt a permit fee schedule under chapter 14. The schedule may provide minimum fees 62.33for various classes of permits, and additional fees, which may be imposed subsequent 62.34to the application, based on the cost of receiving, processing, analyzing, and issuing 63.1the permit, and the actual inspecting and monitoring of the activities authorized by the 63.2permit, including costs of consulting services.63.3(b) A fee may not be imposed on a state or federal governmental agency applying 63.4for a permit.63.5(c) The fee schedule may provide for the refund of a fee, in whole or in part, under 63.6circumstances prescribed by the commissioner of natural resources. Fees received must 63.7be deposited in the state treasury and credited to the general an account in the natural 63.8resources fund. Permit fees received are appropriated annually from the general natural 63.9resources fund to the commissioner of natural resources for the costs of inspecting and 63.10monitoring the activities authorized by the permit, including costs of consulting services.63.11    Sec. 7. Minnesota Statutes 2008, section 116J.551, subdivision 1, is amended to read:63.12    Subdivision 1. Grant account. A contaminated site cleanup and development grant 63.13account is created in the generalspecial revenue fund. Money in the account may be used, 63.14as appropriated by law, to make grants as provided in section 
         116J.554 and to pay for the 63.15commissioner's costs in reviewing applications and making grants. Notwithstanding 63.16section 
         16A.28, money appropriated to the account for this program from any source 63.17is available until spent.63.18    Sec. 8. Minnesota Statutes 2008, section 190.32, is amended to read:63.19190.32 FEDERAL REIMBURSEMENT RECEIPTS.63.20The Department of Military Affairs may deposit federal reimbursement receipts into 63.21the general fundan account in the special revenue fund, maintenance of military training 63.22facilities. These receipts are for services, supplies, and materials initially purchased by the 63.23Camp Ripley maintenance account.63.24    Sec. 9. Minnesota Statutes 2008, section 257.69, subdivision 2, is amended to read:63.25    Subd. 2. Guardian; legal fees. (a) The court may order expert witness and guardian 63.26ad litem fees and other costs of the trial and pretrial proceedings, including appropriate 63.27tests, to be paid by the parties in proportions and at times determined by the court. The 63.28court shall require a party to pay part of the fees of court-appointed counsel according 63.29to the party's ability to pay, but if counsel has been appointed the appropriate agency 63.30shall pay the party's proportion of all other fees and costs. The agency responsible for 63.31child support enforcement shall pay the fees and costs for blood or genetic tests in a 63.32proceeding in which it is a party, is the real party in interest, or is acting on behalf of the 63.33child. However, at the close of a proceeding in which paternity has been established under 64.1sections 
         257.51 to 
         257.74, the court shall order the adjudicated father to reimburse the 64.2public agency, if the court finds he has sufficient resources to pay the costs of the blood or 64.3genetic tests. When a party bringing an action is represented by the county attorney, no 64.4filing fee shall be paid to the court administrator. 64.5(b) In each fiscal year, the commissioner of management and budget shall deposit 64.6guardian ad litem reimbursements in the general special revenue fund and credit them to a 64.7separate account with the trial courts. The balance of this account is appropriated to the 64.8trial courts and does not cancel but is available until expended. Expenditures by the state 64.9court administrator's office from this account must be based on the amount of the guardian 64.10ad litem reimbursements received by the state from the courts in each judicial district.64.11    Sec. 10. Minnesota Statutes 2008, section 260C.331, subdivision 6, is amended to read:64.12    Subd. 6. Guardian ad litem fees. (a) In proceedings in which the court appoints a 64.13guardian ad litem pursuant to section 
         260C.163, subdivision 5, clause (a), the court may 64.14inquire into the ability of the parents to pay for the guardian ad litem's services and, 64.15after giving the parents a reasonable opportunity to be heard, may order the parents to 64.16pay guardian fees. 64.17(b) In each fiscal year, the commissioner of management and budget shall deposit 64.18guardian ad litem reimbursements in the generalspecial revenue fund and credit them to a 64.19separate account with the trial courts. The balance of this account is appropriated to the 64.20trial courts and does not cancel but is available until expended. Expenditures by the state 64.21court administrator's office from this account must be based on the amount of the guardian 64.22ad litem reimbursements received by the state from the courts in each judicial district.64.23    Sec. 11. Minnesota Statutes 2009 Supplement, section 270.97, is amended to read:64.24270.97 DEPOSIT OF REVENUES.64.25The commissioner shall deposit all revenues derived from the tax, interest, and 64.26penalties received from the county in the contaminated site cleanup and development 64.27account in the generalspecial revenue fund and is annually appropriated to the 64.28commissioner of the Department of Employment and Economic Development, for the 64.29purposes of section 
         116J.551.64.30    Sec. 12. Minnesota Statutes 2008, section 299C.48, is amended to read:64.31299C.48 CONNECTION BY AUTHORIZED AGENCY; FEE, 64.32APPROPRIATION.65.1(a) An agency authorized under section 
         299C.46, subdivision 3, may connect with 65.2and participate in the criminal justice data communications network upon approval 65.3of the commissioner of public safety; provided, that the agency shall first agree to pay 65.4installation charges as may be necessary for connection and monthly operational charges 65.5as may be established by the commissioner of public safety. Before participation by a 65.6criminal justice agency may be approved, the agency must have executed an agreement 65.7with the commissioner providing for security of network facilities and restrictions on 65.8access to data supplied to and received through the network.  65.9(b) In addition to any fee otherwise authorized, the commissioner of public safety 65.10shall impose a fee for providing secure dial-up or Internet access for criminal justice 65.11agencies and noncriminal justice agencies. The following monthly fees apply:65.12(1) criminal justice agency accessing via Internet, $15;65.13(2) criminal justice agency accessing via dial-up, $35;65.14(3) noncriminal justice agency accessing via Internet, $35; and65.15(4) noncriminal justice agency accessing via dial-up, $35.65.16(c) The installation and monthly operational charges collected by the commissioner 65.17of public safety under paragraphs (a) and (b) must be deposited in an account in the special 65.18revenue fund and are annually appropriated to the commissioner to administer sections 65.19299C.46
          to 
         299C.50. 65.20    Sec. 13. Minnesota Statutes 2008, section 299E.02, is amended to read:65.21299E.02 CONTRACT SERVICES; APPROPRIATION.65.22Fees charged for contracted security services provided by the Capitol Complex 65.23Security Division of the Department of Public Safety must be deposited in an account in 65.24the special revenue fund and are annually appropriated to the commissioner of public 65.25safety to administer and provide these services.65.26    Sec. 14. Minnesota Statutes 2008, section 446A.086, subdivision 2, as amended by 65.27Laws 2010, chapter 290, section 14, is amended to read:65.28    Subd. 2. Application. (a) This section provides a state guarantee of the payment of 65.29principal and interest on debt obligations if:65.30    (1) the obligations are issued for new projects and are not issued for the purposes of 65.31refunding previous obligations;65.32    (2) application to the Public Facilities Authority is made before issuance; and65.33    (3) the obligations are covered by an agreement meeting the requirements of 65.34subdivision 3.66.1    (b) Applications to be covered by the provisions of this section must be made in a 66.2form and contain the information prescribed by the authority. Applications are subject to 66.3either a fee of $500 for each bond issue requested by a county or governmental unit or the 66.4applicable fees under section 
         446A.087.66.5    (c) Application fees paid under this section must be deposited in a separate credit 66.6enhancement bond guarantee account in the general special revenue fund. Money in the 66.7credit enhancement bond guarantee account is appropriated to the authority for purposes 66.8of administering this section.66.9    (d) Neither the authority nor the commissioner is required to promulgate 66.10administrative rules under this section and the procedures and requirements established by 66.11the authority or commissioner under this section are not subject to chapter 14.66.12    Sec. 15. Minnesota Statutes 2008, section 469.177, subdivision 11, is amended to read:66.13    Subd. 11. Deduction for enforcement costs; appropriation. (a) The county 66.14treasurer shall deduct an amount equal to 0.25 percent of any increment distributed to an 66.15authority or municipality. The county treasurer shall pay the amount deducted to the 66.16commissioner of management and budget for deposit in the state generalan account in 66.17the special revenue fund.66.18(b) The amounts deducted and paid under paragraph (a) are appropriated to the state 66.19auditor for the cost of (1) the financial reporting of tax increment financing information 66.20and (2) the cost of examining and auditing of authorities' use of tax increment financing 66.21as provided under section   
         469.1771, subdivision 1. Notwithstanding section  
         16A.28 or 66.22any other law to the contrary, this appropriation does not cancel and remains available 66.23until spent. 66.24(c) For taxes payable in 2002 and thereafter, the commissioner of revenue shall 66.25increase the percent in paragraph (a) to a percent equal to the product of the percent in 66.26paragraph (a) and the amount that the statewide tax increment levy for taxes payable in 66.272002 would have been without the class rate changes in this act and the elimination of 66.28the general education levy in this act divided by the statewide tax increment levy for 66.29taxes payable in 2002.66.30    Sec. 16. Minnesota Statutes 2008, section 518.165, subdivision 3, is amended to read:66.31    Subd. 3. Fees. (a) A guardian ad litem appointed under either subdivision 1 or 2 66.32may be appointed either as a volunteer or on a fee basis. If a guardian ad litem is appointed 66.33on a fee basis, the court shall enter an order for costs, fees, and disbursements in favor 66.34of the child's guardian ad litem. The order may be made against either or both parties, 67.1except that any part of the costs, fees, or disbursements which the court finds the parties 67.2are incapable of paying shall be borne by the state courts. The costs of court-appointed 67.3counsel to the guardian ad litem shall be paid by the county in which the proceeding is 67.4being held if a party is incapable of paying for them. Until the recommendations of the 67.5task force created in Laws 1999, chapter 216, article 7, section 42, are implemented, the 67.6costs of court-appointed counsel to a guardian ad litem in the Eighth Judicial District shall 67.7be paid by the state courts if a party is incapable of paying for them. In no event may the 67.8court order that costs, fees, or disbursements be paid by a party receiving public assistance 67.9or legal assistance or by a party whose annual income falls below the poverty line as 67.10established under United States Code, title 42, section 9902(2).67.11(b) In each fiscal year, the commissioner of management and budget shall deposit 67.12guardian ad litem reimbursements in the generalspecial revenue fund and credit them to a 67.13separate account with the trial courts. The balance of this account is appropriated to the 67.14trial courts and does not cancel but is available until expended. Expenditures by the state 67.15court administrator's office from this account must be based on the amount of the guardian 67.16ad litem reimbursements received by the state from the courts in each judicial district.67.17    Sec. 17. Minnesota Statutes 2008, section 609.3241, is amended to read:67.18609.3241 PENALTY ASSESSMENT AUTHORIZED.67.19When a court sentences an adult convicted of violating section 
         609.322 or 
         609.324, 67.20while acting other than as a prostitute, the court shall impose an assessment of not less 67.21than $250 and not more than $500 for a violation of section 
         609.324, subdivision 2, or a 67.22misdemeanor violation of section 
         609.324, subdivision 3; otherwise the court shall impose 67.23an assessment of not less than $500 and not more than $1,000. The mandatory minimum 67.24portion of the assessment is to be used for the purposes described in section 
         626.558, 67.25subdivision 2a
         , and is in addition to the surcharge required by section 
         357.021, subdivision 67.266
         . Any portion of the assessment imposed in excess of the mandatory minimum amount 67.27shall be forwarded to the general deposited in an account in the special revenue fund and 67.28is appropriated annually to the commissioner of public safety. The commissioner, with the 67.29assistance of the General Crime Victims Advisory Council, shall use money received under 67.30this section for grants to agencies that provide assistance to individuals who have stopped 67.31or wish to stop engaging in prostitution. Grant money may be used to provide these 67.32individuals with medical care, child care, temporary housing, and educational expenses. 67.33    Sec. 18. Minnesota Statutes 2008, section 611.20, subdivision 3, is amended to read:68.1    Subd. 3. Reimbursement. In each fiscal year, the commissioner of management 68.2and budget shall deposit the payments in the generalspecial revenue fund and credit them 68.3to a separate account with the Board of Public Defense. The amount credited to this 68.4account is appropriated to the Board of Public Defense.68.5The balance of this account does not cancel but is available until expended. 68.6Expenditures by the board from this account for each judicial district public defense office 68.7must be based on the amount of the payments received by the state from the courts in 68.8each judicial district. A district public defender's office that receives money under this 68.9subdivision shall use the money to supplement office overhead payments to part-time 68.10attorneys providing public defense services in the district. By January 15 of each year, 68.11the Board of Public Defense shall report to the chairs and ranking minority members of 68.12the senate and house of representatives divisions having jurisdiction over criminal justice 68.13funding on the amount appropriated under this subdivision, the number of cases handled 68.14by each district public defender's office, the number of cases in which reimbursements 68.15were ordered, the average amount of reimbursement ordered, and the average amount of 68.16money received by part-time attorneys under this subdivision.68.17    Sec. 19. Laws 1994, chapter 531, section 1, is amended to read:68.18    Section 1. SALE OF WILDLIFE LANDS.68.19    Notwithstanding Minnesota Statutes, sections 
         84.027, subdivision 10; 
         92.45; 
         94.0968.20to 
         94.165; 
         97A.135; 
         103F.535, or any other law, the commissioner of administration may 68.21sell lands located in the Gordy Yaeger wildlife management area in Olmsted county. The 68.22consideration for the lands described in sections 2 and 3 shall be $950 per acre. The 68.23conveyances shall be by guitclaimquitclaim deed in a form approved by the attorney 68.24general and shall reserve to the state all minerals and mineral rights. The proceeds received 68.25from the sales are to be deposited in an account in the generalnatural resources fund and 68.26are appropriated to the commissioner of natural resources for acquisition of replacement 68.27wildlife management area lands. These sales are pursuant to the recommendation of the 68.28Gordy Yaeger wildlife management area advisory committee.68.29ARTICLE 1668.30INCOME TAX68.31    Section 1. Minnesota Statutes 2009 Supplement, section 290.06, subdivision 2c, 68.32is amended to read:68.33    Subd. 2c. Schedules of rates for individuals, estates, and trusts. (a) The income 68.34taxes imposed by this chapter upon married individuals filing joint returns and surviving 69.1spouses as defined in section 2(a) of the Internal Revenue Code must be computed by 69.2applying to their taxable net income the following schedule of rates:69.3    (1) On the first $25,680 $33,280, 
         5.35 percent;69.4    (2) On all over $25,680 $33,280, but not over $102,030 $132,220, 
         7.05 percent;69.5    (3) On all over $102,030 $132,220, but not over $200,000, 
         7.85 percent;69.6(4) On all over $200,000, 9.1 percent.69.7    Married individuals filing separate returns, estates, and trusts must compute their 69.8income tax by applying the above rates to their taxable income, except that the income 69.9brackets will be one-half of the above amounts.69.10    (b) The income taxes imposed by this chapter upon unmarried individuals must be 69.11computed by applying to taxable net income the following schedule of rates:69.12    (1) On the first $17,570 $22,770, 
         5.35 percent;69.13    (2) On all over $17,570 $22,770, but not over $57,710 $74,780, 
         7.05 percent;69.14    (3) On all over $57,710 $74,780, but not over $113,110, 
         7.85 percent;69.15(4) On all over $113,110, 9.1 percent.69.16    (c) The income taxes imposed by this chapter upon unmarried individuals qualifying 69.17as a head of household as defined in section 2(b) of the Internal Revenue Code must be 69.18computed by applying to taxable net income the following schedule of rates:69.19    (1) On the first $21,630 $28,030, 
         5.35 percent;69.20    (2) On all over $21,630 $28,030, but not over $86,910$112,620, 
         7.05 percent;69.21    (3) On all over $86,910 $112,620, but not over $170,350, 
         7.85 percent;69.22(4) On all over $170,350, 9.1 percent.69.23    (d) In lieu of a tax computed according to the rates set forth in this subdivision, the 69.24tax of any individual taxpayer whose taxable net income for the taxable year is less than 69.25an amount determined by the commissioner must be computed in accordance with tables 69.26prepared and issued by the commissioner of revenue based on income brackets of not 69.27more than $100. The amount of tax for each bracket shall be computed at the rates set 69.28forth in this subdivision, provided that the commissioner may disregard a fractional part of 69.29a dollar unless it amounts to 50 cents or more, in which case it may be increased to $1.69.30    (e) An individual who is not a Minnesota resident for the entire year must compute 69.31the individual's Minnesota income tax as provided in this subdivision. After the 69.32application of the nonrefundable credits provided in this chapter, the tax liability must 69.33then be multiplied by a fraction in which:69.34    (1) the numerator is the individual's Minnesota source federal adjusted gross income 69.35as defined in section 62 of the Internal Revenue Code and increased by the additions 69.36required under section 
         290.01, subdivision 19a, clauses (1), (5), (6), (7), (8), (9), (12), 70.1(13), (16), and (17), and reduced by the Minnesota assignable portion of the subtraction 70.2for United States government interest under section 
         290.01, subdivision 19b, clause 70.3(1), and the subtractions under section 
         290.01, subdivision 19b, clauses (9), (10), (14), 70.4(15), (16), and (18), after applying the allocation and assignability provisions of section 70.5290.081
         , clause (a), or 
         290.17; and70.6    (2) the denominator is the individual's federal adjusted gross income as defined in 70.7section 62 of the Internal Revenue Code of 1986, increased by the amounts specified in 70.8section 
         290.01, subdivision 19a, clauses (1), (5), (6), (7), (8), (9), (12), (13), (16), and (17), 70.9and reduced by the amounts specified in section 
         290.01, subdivision 19b, clauses (1), (9), 70.10(10), (14), (15), (16), and (18).70.11    (f) For taxable years beginning after December 31, 2013, the maximum tax rate 70.12under this section is 7.85 percent, if the commissioner of management and budget 70.13estimates in the February 2013 economic forecast that the unrestricted general fund 70.14balance at the end of fiscal year 2013 equals or exceeds $500,000,000.70.15EFFECTIVE DATE.This section is effective for taxable years beginning after 70.16December 31, 2009.70.17    Sec. 2. Minnesota Statutes 2008, section 290.06, subdivision 2d, is amended to read:70.18    Subd. 2d. Inflation adjustment of brackets. (a) For taxable years beginning after 70.19December 31, 2000 2010, the minimum and maximum dollar amounts for each rate 70.20bracket for which a tax is imposed in subdivision 2c shall be adjusted for inflation by the 70.21percentage determined under paragraph (b). For the purpose of making the adjustment as 70.22provided in this subdivision all of the rate brackets provided in subdivision 2c shall be the 70.23rate brackets as they existed for taxable years beginning after December 31, 1999 2009, 70.24and before January 1, 2001 2011. The rate applicable to any rate bracket must not be 70.25changed. The dollar amounts setting forth the tax shall be adjusted to reflect the changes 70.26in the rate brackets. The rate brackets as adjusted must be rounded to the nearest $10 70.27amount. If the rate bracket ends in $5, it must be rounded up to the nearest $10 amount.70.28    (b) The commissioner shall adjust the rate brackets and by the percentage determined 70.29pursuant to the provisions of section 1(f) of the Internal Revenue Code, except that in 70.30section 1(f)(3)(B) the word "1999" "2009" shall be substituted for the word "1992." For 70.312001 2011, the commissioner shall then determine the percent change from the 12 months 70.32ending on August 31, 1999 2009, to the 12 months ending on August 31, 2000 2010, and 70.33in each subsequent year, from the 12 months ending on August 31, 1999 2009, to the 12 70.34months ending on August 31 of the year preceding the taxable year. The determination of 71.1the commissioner pursuant to this subdivision shall not be considered a "rule" and shall 71.2not be subject to the Administrative Procedure Act contained in chapter 14.71.3    No later than December 15 of each year, the commissioner shall announce the 71.4specific percentage that will be used to adjust the tax rate brackets.71.5EFFECTIVE DATE.This section is effective for taxable years beginning after 71.6December 31, 2009.71.7    Sec. 3. ACCELERATED REINSTATEMENT OF PHASEOUT OF PERSONAL 71.8AND DEPENDENT EXEMPTIONS AND LIMITATION OF ITEMIZED 71.9DEDUCTIONS.71.10In determining net taxable income under Minnesota Statutes, section 290.01, for 71.11taxable years beginning after December 31, 2009, and before January 1, 2011, sections 102 71.12and 103 of Public Law 107-16, relating to the repeal of phaseout of personal exemptions 71.13and the phaseout of overall limitation on itemized deductions, do not apply.71.14EFFECTIVE DATE.This section is effective the day following final enactment.