HF 1993

1st Committee Engrossment - 86th Legislature (2009 - 2010) Posted on 03/19/2013 07:29pm

1.1A bill for an act

1.2relating to state government; regulating certain public health fees, certain special
1.3revenue funds, and food support for children with severe allergies; providing
1.4adjustments to various health and human services appropriations; appropriating
1.5money;amending Minnesota Statutes 2008, sections 214.06, by adding a
1.6subdivision; 214.40, subdivision 7; Minnesota Statutes 2009 Supplement,
1.7sections 157.16, subdivision 3; 327.15, subdivision 3; Laws 2009, chapter 79,
1.8article 13, sections 3, subdivision 4, as amended; 5, subdivision 8, as amended.
1.9BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.10ARTICLE 1

1.11PUBLIC HEALTH

1.12    Section 1. Minnesota Statutes 2009 Supplement, section 157.16, subdivision 3, is
1.13amended to read:
1.14    Subd. 3. Establishment fees; definitions. (a) The following fees are required
1.15for food and beverage service establishments, youth camps, hotels, motels, lodging
1.16establishments, public pools, and resorts licensed under this chapter. Food and beverage
1.17service establishments must pay the highest applicable fee under paragraph (d), clause
1.18(1), (2), (3), or (4), and establishments serving alcohol must pay the highest applicable
1.19fee under paragraph (d), clause (6) or (7). The license fee for new operators previously
1.20licensed under this chapter for the same calendar year is one-half of the appropriate annual
1.21license fee, plus any penalty that may be required. The license fee for operators opening
1.22on or after October 1 is one-half of the appropriate annual license fee, plus any penalty
1.23that may be required.
2.1    (b) All food and beverage service establishments, except special event food stands,
2.2and all hotels, motels, lodging establishments, public pools, and resorts shall pay an
2.3annual base fee of $150.
2.4    (c) A special event food stand shall pay a flat fee of $50 annually. "Special event
2.5food stand" means a fee category where food is prepared or served in conjunction with
2.6celebrations, county fairs, or special events from a special event food stand as defined
2.7in section 157.15.
2.8    (d) In addition to the base fee in paragraph (b), each food and beverage service
2.9establishment, other than a special event food stand, and each hotel, motel, lodging
2.10establishment, public pool, and resort shall pay an additional annual fee for each fee
2.11category, additional food service, or required additional inspection specified in this
2.12paragraph:
2.13    (1) Limited food menu selection, $60. "Limited food menu selection" means a fee
2.14category that provides one or more of the following:
2.15    (i) prepackaged food that receives heat treatment and is served in the package;
2.16    (ii) frozen pizza that is heated and served;
2.17    (iii) a continental breakfast such as rolls, coffee, juice, milk, and cold cereal;
2.18    (iv) soft drinks, coffee, or nonalcoholic beverages; or
2.19    (v) cleaning for eating, drinking, or cooking utensils, when the only food served
2.20is prepared off site.
2.21    (2) Small establishment, including boarding establishments, $120. "Small
2.22establishment" means a fee category that has no salad bar and meets one or more of
2.23the following:
2.24    (i) possesses food service equipment that consists of no more than a deep fat fryer, a
2.25grill, two hot holding containers, and one or more microwave ovens;
2.26    (ii) serves dipped ice cream or soft serve frozen desserts;
2.27    (iii) serves breakfast in an owner-occupied bed and breakfast establishment;
2.28    (iv) is a boarding establishment; or
2.29    (v) meets the equipment criteria in clause (3), item (i) or (ii), and has a maximum
2.30patron seating capacity of not more than 50.
2.31    (3) Medium establishment, $310. "Medium establishment" means a fee category
2.32that meets one or more of the following:
2.33    (i) possesses food service equipment that includes a range, oven, steam table, salad
2.34bar, or salad preparation area;
2.35    (ii) possesses food service equipment that includes more than one deep fat fryer,
2.36one grill, or two hot holding containers; or
3.1    (iii) is an establishment where food is prepared at one location and served at one or
3.2more separate locations.
3.3    Establishments meeting criteria in clause (2), item (v), are not included in this fee
3.4category.
3.5    (4) Large establishment, $540. "Large establishment" means either:
3.6    (i) a fee category that (A) meets the criteria in clause (3), items (i) or (ii), for a
3.7medium establishment, (B) seats more than 175 people, and (C) offers the full menu
3.8selection an average of five or more days a week during the weeks of operation; or
3.9    (ii) a fee category that (A) meets the criteria in clause (3), item (iii), for a medium
3.10establishment, and (B) prepares and serves 500 or more meals per day.
3.11    (5) Other food and beverage service, including food carts, mobile food units,
3.12seasonal temporary food stands, and seasonal permanent food stands, $60.
3.13    (6) Beer or wine table service, $60. "Beer or wine table service" means a fee
3.14category where the only alcoholic beverage service is beer or wine, served to customers
3.15seated at tables.
3.16    (7) Alcoholic beverage service, other than beer or wine table service, $165.
3.17    "Alcohol beverage service, other than beer or wine table service" means a fee
3.18category where alcoholic mixed drinks are served or where beer or wine are served from
3.19a bar.
3.20    (8) Lodging per sleeping accommodation unit, $10, including hotels, motels,
3.21lodging establishments, and resorts, up to a maximum of $1,000. "Lodging per sleeping
3.22accommodation unit" means a fee category including the number of guest rooms, cottages,
3.23or other rental units of a hotel, motel, lodging establishment, or resort; or the number of
3.24beds in a dormitory.
3.25    (9) First public pool, $325; each additional public pool, $175. "Public pool" means a
3.26fee category that has the meaning given in section 144.1222, subdivision 4.
3.27    (10) First spa, $175; each additional spa, $100. "Spa pool" means a fee category that
3.28has the meaning given in Minnesota Rules, part 4717.0250, subpart 9.
3.29    (11) Private sewer or water, $60. "Individual private water" means a fee category
3.30with a water supply other than a community public water supply as defined in Minnesota
3.31Rules, chapter 4720. "Individual private sewer" means a fee category with an individual
3.32sewage treatment system which uses subsurface treatment and disposal.
3.33    (12) Additional food service, $150. "Additional food service" means a location at
3.34a food service establishment, other than the primary food preparation and service area,
3.35used to prepare or serve food to the public.
4.1    (13) Additional inspection fee, $360. "Additional inspection fee" means a fee to
4.2conduct the second inspection each year for elementary and secondary education facility
4.3school lunch programs when required by the Richard B. Russell National School Lunch
4.4Act.
4.5    (e) A fee for review of construction plans must accompany the initial license
4.6application for restaurants, hotels, motels, lodging establishments, resorts, seasonal food
4.7stands, and mobile food units. The fee for this construction plan review is as follows:

4.8	Service Area	Type	Fee
4.9	Food	limited food menu	$275
4.10		small establishment	$400
4.11		medium establishment	$450
4.12		large food establishment	$500
4.13		additional food service	$150
4.14	Transient food service	food cart	$250
4.15		seasonal permanent food stand	$250
4.16		seasonal temporary food stand	$250
4.17		mobile food unit	$350
4.18	Alcohol	beer or wine table service	$150
4.19		alcohol service from bar	$250
4.20	Lodging	less than 25 rooms	$375
4.21		25 to less than 100 rooms	$400
4.22		100 rooms or more	$500
4.23		less than five cabins	$350
4.24		five to less than ten cabins	$400
4.25		ten cabins or more	$450

4.26    (f) When existing food and beverage service establishments, hotels, motels, lodging
4.27establishments, resorts, seasonal food stands, and mobile food units are extensively
4.28remodeled, a fee must be submitted with the remodeling plans. The fee for this
4.29construction plan review is as follows:

4.30	Service Area	Type	Fee
4.31	Food	limited food menu	$250
4.32		small establishment	$300
4.33		medium establishment	$350
4.34		large food establishment	$400
4.35		additional food service	$150
4.36	Transient food service	food cart	$250
4.37		seasonal permanent food stand	$250
4.38		seasonal temporary food stand	$250
4.39		mobile food unit	$250
4.40	Alcohol	beer or wine table service	$150
4.41		alcohol service from bar	$250
5.1	Lodging	less than 25 rooms	$250
5.2		25 to less than 100 rooms	$300
5.3		100 rooms or more	$450
5.4		less than five cabins	$250
5.5		five to less than ten cabins	$350
5.6		ten cabins or more	$400

5.7    (g) Special event food stands are not required to submit construction or remodeling
5.8plans for review.
5.9(h) Youth camps shall pay an annual single fee for food and lodging as follows:
5.10(1) camps with up to 99 campers, $325;
5.11(2) camps with 100 to 199 campers, $550; and
5.12(3) camps with 200 or more campers, $750.
5.13(i) A youth camp which pays fees under paragraph (d) is not required to pay fees
5.14under paragraph (h).

5.15    Sec. 2. Minnesota Statutes 2008, section 214.06, is amended by adding a subdivision
5.16to read:
5.17    Subd. 4. Fee revenues. (a) All revenue collected by each health-related licensing
5.18board is deposited into a health-related licensing boards dedicated account in the state
5.19government special revenue fund. All money in the health-related licensing boards account
5.20is annually appropriated to the health-related licensing boards. The current accumulated
5.21fund balance in the state government special revenue fund health-related licensing boards
5.22account will be transferred to the health-related licensing boards dedicated account.
5.23(b) The health-related licensing boards must report to the legislature detailed
5.24spending and revenue reports by September 1 of each year for the previous fiscal year, and
5.25make the reports available to the public on the boards' Web sites.
5.26EFFECTIVE DATE.This section is effective July 1, 2011.

5.27    Sec. 3. Minnesota Statutes 2009 Supplement, section 327.15, subdivision 3, is
5.28amended to read:
5.29    Subd. 3. Fees, manufactured home parks and recreational camping areas. (a)
5.30The following fees are required for manufactured home parks and recreational camping
5.31areas licensed under this chapter. Recreational camping areas and manufactured home
5.32parks shall pay the highest applicable base fee under paragraph (c) (b). The license fee
5.33for new operators of a manufactured home park or recreational camping area previously
5.34licensed under this chapter for the same calendar year is one-half of the appropriate annual
6.1license fee, plus any penalty that may be required. The license fee for operators opening
6.2on or after October 1 is one-half of the appropriate annual license fee, plus any penalty
6.3that may be required.
6.4(b) All manufactured home parks and recreational camping areas shall pay the
6.5following annual base fee:
6.6(1) a manufactured home park, $150; and
6.7(2) a recreational camping area with:
6.8(i) 24 or less sites, $50;
6.9(ii) 25 to 99 sites, $212; and
6.10(iii) 100 or more sites, $300.
6.11In addition to the base fee, manufactured home parks and recreational camping areas shall
6.12pay $4 for each licensed site. This paragraph does not apply to special event recreational
6.13camping areas or to. Operators of a manufactured home park or a recreational camping
6.14area also licensed under section 157.16 for the same location shall pay only one base fee,
6.15whichever is the highest of the base fees found in this section or section 157.16.
6.16(c) In addition to the fee in paragraph (b), each manufactured home park or
6.17recreational camping area shall pay an additional annual fee for each fee category
6.18specified in this paragraph:
6.19(1) Manufactured home parks and recreational camping areas with public swimming
6.20pools and spas shall pay the appropriate fees specified in section 157.16.
6.21(2) Individual private sewer or water, $60. "Individual private water" means a fee
6.22category with a water supply other than a community public water supply as defined in
6.23Minnesota Rules, chapter 4720. "Individual private sewer" means a fee category with a
6.24subsurface sewage treatment system which uses subsurface treatment and disposal.
6.25(d) The following fees must accompany a plan review application for initial
6.26construction of a manufactured home park or recreational camping area:
6.27(1) for initial construction of less than 25 sites, $375;
6.28(2) for initial construction of 25 to 99 sites, $400; and
6.29(3) for initial construction of 100 or more sites, $500.
6.30(e) The following fees must accompany a plan review application when an existing
6.31manufactured home park or recreational camping area is expanded:
6.32(1) for expansion of less than 25 sites, $250;
6.33(2) for expansion of 25 to 99 sites, $300; and
6.34(3) for expansion of 100 or more sites, $450.

6.35    Sec. 4. FOOD SUPPORT FOR CHILDREN WITH SEVERE ALLERGIES.
7.1The commissioner of human services must seek a federal waiver from the federal
7.2Department of Agriculture, Food and Nutrition Service, for the supplemental nutrition
7.3assistance program, to increase the income eligibility requirements to 375 percent of the
7.4federal poverty guidelines, in order to cover nutritional food products required to treat
7.5or manage severe food allergies, including allergies to wheat and gluten, for infants and
7.6children who have been diagnosed with life-threatening severe food allergies.

7.7ARTICLE 2

7.8HEALTH AND HUMAN SERVICES APPROPRIATIONS

7.9	Section 1. SUMMARY OF APPROPRIATIONS.

7.10The amounts shown in this section summarize direct appropriations, by fund, made
7.11in this article.

7.12			2010		2011		Total
7.13	General	$	(269,000)	$	(554,000)	$	(823,000)
7.14 7.15	State Government Special Revenue		(301,000)		(442,000)		(743,000)
7.16	Total	$	(570,000)	$	(996,000)	$	(1,566,000)

7.17	Sec. 2. HEALTH AND HUMAN SERVICES APPROPRIATIONS.

7.18The sums shown in the columns marked "Appropriations" are added to or, if shown
7.19in parentheses, subtracted from the appropriations in Laws 2009, chapter 79, article 13,
7.20as amended by Laws 2009, chapter 173, article 2, to the agencies and for the purposes
7.21specified in this article. The appropriations are from the general fund and are available
7.22for the fiscal years indicated for each purpose. The figures "2010" and "2011" used in
7.23this article mean that the addition to or subtraction from the appropriation listed under
7.24them is available for the fiscal year ending June 30, 2010, or June 30, 2011, respectively.
7.25Supplemental appropriations and reductions to appropriations for the fiscal year ending
7.26June 30, 2010, are effective the day following final enactment unless a different effective
7.27date is explicit.

7.28				APPROPRIATIONS
7.29				Available for the Year
7.30				Ending June 30
7.31					2010		2011

7.32 7.33

Sec. 3. COMMISSIONER OF HUMAN SERVICES

7.34 7.35

Other Children and Economic Assistance Grants

-0-

63,000

8.1This appropriation is for food shelf programs
8.2under Minnesota Statutes, section 256E.34.

8.3

Sec. 4. COMMISSIONER OF HEALTH

8.4				APPROPRIATIONS
8.5				Available for the Year
8.6				Ending June 30
8.7					2010		2011

8.8

Subdivision 1.Total Appropriation

$

(595,000)

$

(426,000)

8.9	Appropriations by Fund
8.10		2010	2011
8.11	General	(595,000)	(426,000)

8.12

Subd. 2.Community and Family Health

8.13	Appropriations by Fund
8.14		2010	2011
8.15	General	(221,000)	(121,000)

8.16Base Level Adjustment. The general fund
8.17base is reduced by $31,000 in fiscal year
8.182012 and by $31,000 in fiscal year 2013.

8.19

Subd. 3.Health Protection

8.20	Appropriations by Fund
8.21		2010	2011
8.22	General	(374,000)	(205,000)

8.23Lead Base Grant Program. Of the general
8.24fund reduction, $25,000 in fiscal year 2010
8.25and fiscal year 2011 is for the elimination
8.26of state funding for the temporary lead-safe
8.27housing base grant program.
8.28Base Adjustment. The general fund base is
8.29decreased by $100,000 in fiscal year 2012
8.30and $100,000 in fiscal year 2013.

8.31

Subd. 4.Administrative Support Services

-0-

(100,000)

8.32

Sec. 5. HEALTH-RELATED BOARDS

8.33

Subdivision 1.Total Appropriation

$

(288,000)

$

(421,000)

9.1The appropriations and reductions in this
9.2section are from the state government special
9.3revenue fund.
9.4In fiscal year 2010, $301,000 shall be
9.5transferred from the state government special
9.6revenue fund to the general fund. In fiscal
9.7year 2011, $442,000 shall be transferred from
9.8the state government special revenue fund
9.9to the general fund. These transfers are in
9.10addition to those made in Laws 2009, chapter
9.1179, article 13, section 5, as amended by Laws
9.122009, chapter 173, article 2, section 3.
9.13The reductions and transfers in this section
9.14are onetime in the fiscal year 2010-2011
9.15biennium.
9.16The appropriations and reductions for
9.17each purpose are shown in the following
9.18subdivisions.

9.19

Subd. 2.Board of Chiropractic Examiners

(9,000)

(14,000)

9.20

Subd. 3.Board of Dentistry

(21,000)

(31,000)

9.21 9.22

Subd. 4.Board of Dietetic and Nutrition Practice

(2,000)

(3,000)

9.23 9.24

Subd. 5.Board of Marriage and Family Therapy

(2,000)

(4,000)

9.25

Subd. 6.Board of Medical Practice

(73,000)

(112,000)

9.26

Subd. 7.Board of Nursing

(62,000)

(100,000)

9.27 9.28	Subd. 8.Board of Nursing Home Administrators				(36,000)		(31,000)
9.29 9.30	(a) Administrative Services Unit-Operating Costs				(11,000)		(16,000)
9.31 9.32	(b) Administrative Services Unit-Retirement Costs				(5,000)		-0-
10.1 10.2 10.3	(c) Administrative Services Unit-Volunteer Health Care Provider Program				(1,000)		(3,000)
10.4 10.5 10.6	(d) Administrative Services Unit-Contested Cases and Other Legal Proceedings				(15,000)		(6,000)

10.7

Subd. 9.Board of Optometry

(2,000)

(3,000)

10.8

Subd. 10.Board of Pharmacy

(28,000)

(42,000)

10.9

Subd. 11.Board of Physical Therapy

(6,000)

(9,000)

10.10

Subd. 12.Board of Podiatry

(1,000)

(2,000)

10.11

Subd. 13.Board of Psychology

(16,000)

(24,000)

10.12

Subd. 14.Board of Social Work

(18,000)

(28,000)

10.13

Subd. 15.Board of Veterinary Medicine

(4,000)

(6,000)

10.14 10.15

Subd. 16.Board of Behavioral Health and Therapy

(8,000)

(12,000)

10.16 10.17

Sec. 6. EMERGENCY MEDICAL SERVICES BOARD

348,000

(154,000)

10.18	Appropriations by Fund
10.19		2010	2011
10.20	General	361,000	(133,000)
10.21 10.22	State Government Special Revenue	(13,000)	(21,000)

10.23

(a) Longevity Award and Incentive Program

(19,000)

(19,000)

10.24

(b) Health Professional Services Program

(13,000)

(21,000)

10.25This reduction is from the state government
10.26special revenue fund and is onetime in the
10.272010-2011 biennium.
10.28Emergency Medical Services Relief
10.29Transfer. $10,000 in fiscal year 2010
10.30and $24,000 in fiscal year 2011 shall be
10.31transferred to the general fund from the
10.32portion of the emergency medical services
10.33relief account in the special revenue fund
10.34otherwise designated for distribution by
10.35the Emergency Medical Services Board
11.1under Minnesota Statutes, section 169.686,
11.2subdivision 3. These transfers are onetime in
11.3the 2010-2011 biennium.

11.4

Sec. 7. COUNCIL ON DISABILITY

$

(-0-)

$

(-0-)

11.5 11.6 11.7

Sec. 8. OMBUDSMAN FOR MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES

$

(31,000)

$

(50,000)

11.8

Sec. 9. OMBUDSPERSON FOR FAMILIES

$

(4,000)

$

(8,000)

11.9    Sec. 10. Minnesota Statutes 2008, section 214.40, subdivision 7, is amended to read:
11.10    Subd. 7. Medical professional liability insurance. (a) Within the limit of funds
11.11appropriated for this program, the administrative services unit must purchase medical
11.12professional liability insurance, if available, for a health care provider who is registered in
11.13accordance with subdivision 4 and who is not otherwise covered by a medical professional
11.14liability insurance policy or self-insured plan either personally or through another facility
11.15or employer. The administrative services unit is authorized to prorate payments or
11.16otherwise limit the number of participants in the program if the costs of the insurance for
11.17eligible providers exceed the funds appropriated for the program.
11.18(b) Coverage purchased under this subdivision must be limited to the provision of
11.19health care services performed by the provider for which the provider does not receive
11.20direct monetary compensation.
11.21EFFECTIVE DATE.This section is effective the day following final enactment.

11.22    Sec. 11. Laws 2009, chapter 79, article 13, section 3, subdivision 4, as amended by
11.23Laws 2009, chapter 173, article 2, section 1, subdivision 4, is amended to read:

11.24 11.25

Subd. 4.Children and Economic Assistance Grants

11.26The amounts that may be spent from this
11.27appropriation for each purpose are as follows:

11.28

(a) MFIP/DWP Grants

11.29	Appropriations by Fund
11.30	General	63,205,000	89,033,000
11.31	Federal TANF	100,818,000	84,538,000

12.1

(b) Support Services Grants

12.2	Appropriations by Fund
12.3	General	8,715,000	12,498,000
12.4	Federal TANF	116,557,000	107,457,000

12.5MFIP Consolidated Fund. The MFIP
12.6consolidated fund TANF appropriation is
12.7reduced by $1,854,000 in fiscal year 2010
12.8and fiscal year 2011.
12.9Notwithstanding Minnesota Statutes, section
12.10256J.626, subdivision 8 , paragraph (b), the
12.11commissioner shall reduce proportionately
12.12the reimbursement to counties for
12.13administrative expenses.
12.14Subsidized Employment Funding Through
12.15ARRA. The commissioner is authorized to
12.16apply for TANF emergency fund grants for
12.17subsidized employment activities. Growth
12.18in expenditures for subsidized employment
12.19within the supported work program and the
12.20MFIP consolidated fund over the amount
12.21expended in the calendar quarters in the
12.22TANF emergency fund base year shall be
12.23used to leverage the TANF emergency fund
12.24grants for subsidized employment and to
12.25fund supported work. The commissioner
12.26shall develop procedures to maximize
12.27reimbursement of these expenditures over the
12.28TANF emergency fund base year quarters,
12.29and may contract directly with employers
12.30and providers to maximize these TANF
12.31emergency fund grants.
12.32Supported Work. Of the TANF
12.33appropriation, $4,700,000 in fiscal year 2010
12.34and $4,700,000 in fiscal year 2011 are to the
12.35commissioner for supported work for MFIP
13.1recipients and is available until expended.
13.2Supported work includes paid transitional
13.3work experience and a continuum of
13.4employment assistance, including outreach
13.5and recruitment, program orientation
13.6and intake, testing and assessment, job
13.7development and marketing, preworksite
13.8training, supported worksite experience,
13.9job coaching, and postplacement follow-up,
13.10in addition to extensive case management
13.11and referral services. This is a onetime
13.12appropriation.
13.13Base Adjustment. The general fund base
13.14is reduced by $3,783,000 in each of fiscal
13.15years 2012 and 2013. The TANF fund base
13.16is increased by $5,004,000 in each of fiscal
13.17years 2012 and 2013.
13.18Integrated Services Program Funding.
13.19The TANF appropriation for integrated
13.20services program funding is $1,250,000 in
13.21fiscal year 2010 and $0 in fiscal year 2011
13.22and the base for fiscal years 2012 and 2013
13.23is $0.
13.24TANF Emergency Fund; Nonrecurrent
13.25Short-Term Benefits. TANF emergency
13.26contingency fund grants received due to
13.27increases in expenditures for nonrecurrent
13.28short-term benefits must be used to offset the
13.29increase in these expenditures for counties
13.30under the MFIP consolidated fund, under
13.31Minnesota Statutes, section 256J.626,
13.32and the diversionary work program. The
13.33commissioner shall develop procedures
13.34to maximize reimbursement of these
13.35expenditures over the TANF emergency fund
14.1base year quarters. Growth in expenditures
14.2for the diversionary work program over the
14.3amount expended in the calendar quarters in
14.4the TANF emergency fund base year shall be
14.5used to leverage these funds.

14.6

(c) MFIP Child Care Assistance Grants

61,171,000

65,214,000

14.7Acceleration of ARRA Child Care and
14.8Development Fund Expenditure. The
14.9commissioner must liquidate all child care
14.10and development money available under
14.11the American Recovery and Reinvestment
14.12Act (ARRA) of 2009, Public Law 111-5,
14.13by September 30, 2010. In order to expend
14.14those funds by September 30, 2010, the
14.15commissioner may redesignate and expend
14.16the ARRA child care and development funds
14.17appropriated in fiscal year 2011 for purposes
14.18under this section for related purposes that
14.19will allow liquidation by September 30,
14.202010. Child care and development funds
14.21otherwise available to the commissioner
14.22for those related purposes shall be used to
14.23fund the purposes from which the ARRA
14.24child care and development funds had been
14.25redesignated.
14.26School Readiness Service Agreements.
14.27$400,000 in fiscal year 2010 and $400,000
14.28in fiscal year 2011 are from the federal
14.29TANF fund to the commissioner of human
14.30services consistent with federal regulations
14.31for the purpose of school readiness service
14.32agreements under Minnesota Statutes,
14.33section 119B.231. This is a onetime
14.34appropriation. Any unexpended balance the
14.35first year is available in the second year.

15.1 15.2

(d) Basic Sliding Fee Child Care Assistance Grants

40,100,000

45,092,000

15.3School Readiness Service Agreements.
15.4$257,000 in fiscal year 2010 and $257,000
15.5in fiscal year 2011 are from the general
15.6fund for the purpose of school readiness
15.7service agreements under Minnesota
15.8Statutes, section 119B.231. This is a onetime
15.9appropriation. Any unexpended balance the
15.10first year is available in the second year.
15.11Child Care Development Fund
15.12Unexpended Balance. In addition to
15.13the amount provided in this section, the
15.14commissioner shall expend $5,244,000 in
15.15fiscal year 2010 from the federal child care
15.16development fund unexpended balance
15.17for basic sliding fee child care under
15.18Minnesota Statutes, section 119B.03. The
15.19commissioner shall ensure that all child
15.20care and development funds are expended
15.21according to the federal child care and
15.22development fund regulations.
15.23Basic Sliding Fee. $4,000,000 in fiscal year
15.242010 and $4,000,000 in fiscal year 2011 are
15.25from the federal child care development
15.26funds received from the American Recovery
15.27and Reinvestment Act of 2009, Public
15.28Law 111-5, to the commissioner of human
15.29services consistent with federal regulations
15.30for the purpose of basic sliding fee child care
15.31assistance under Minnesota Statutes, section
15.32119B.03 . This is a onetime appropriation.
15.33Any unexpended balance the first year is
15.34available in the second year.
16.1Basic Sliding Fee Allocation for Calendar
16.2Year 2010. Notwithstanding Minnesota
16.3Statutes, section 119B.03, subdivision 6,
16.4in calendar year 2010, basic sliding fee
16.5funds shall be distributed according to
16.6this provision. Funds shall be allocated
16.7first in amounts equal to each county's
16.8guaranteed floor, according to Minnesota
16.9Statutes, section 119B.03, subdivision 8,
16.10with any remaining available funds allocated
16.11according to the following formula:
16.12(a) Up to one-fourth of the funds shall be
16.13allocated in proportion to the number of
16.14families participating in the transition year
16.15child care program as reported during and
16.16averaged over the most recent six months
16.17completed at the time of the notice of
16.18allocation. Funds in excess of the amount
16.19necessary to serve all families in this category
16.20shall be allocated according to paragraph (d).
16.21(b) Up to three-fourths of the funds shall
16.22be allocated in proportion to the average
16.23of each county's most recent six months of
16.24reported waiting list as defined in Minnesota
16.25Statutes, section 119B.03, subdivision 2, and
16.26the reinstatement list of those families whose
16.27assistance was terminated with the approval
16.28of the commissioner under Minnesota Rules,
16.29part 3400.0183, subpart 1. Funds in excess
16.30of the amount necessary to serve all families
16.31in this category shall be allocated according
16.32to paragraph (d).
16.33(c) The amount necessary to serve all families
16.34in paragraphs (a) and (b) shall be calculated
16.35based on the basic sliding fee average cost of
17.1care per family in the county with the highest
17.2cost in the most recently completed calendar
17.3year.
17.4(d) Funds in excess of the amount necessary
17.5to serve all families in paragraphs (a) and
17.6(b) shall be allocated in proportion to each
17.7county's total expenditures for the basic
17.8sliding fee child care program reported
17.9during the most recent fiscal year completed
17.10at the time of the notice of allocation. To
17.11the extent that funds are available, and
17.12notwithstanding Minnesota Statutes, section
17.13119B.03, subdivision 8 , for the period
17.14January 1, 2011, to December 31, 2011, each
17.15county's guaranteed floor must be equal to its
17.16original calendar year 2010 allocation.
17.17Base Adjustment. The general fund base is
17.18decreased by $257,000 in each of fiscal years
17.192012 and 2013.

17.20

(e) Child Care Development Grants

1,487,000

1,487,000

17.21Family, friends, and neighbor grants.
17.22$375,000 in fiscal year 2010 and $375,000
17.23in fiscal year 2011 are from the child
17.24care development fund required targeted
17.25quality funds for quality expansion and
17.26infant/toddler from the American Recovery
17.27and Reinvestment Act of 2009, Public
17.28Law 111-5, to the commissioner of human
17.29services for family, friends, and neighbor
17.30grants under Minnesota Statutes, section
17.31119B.232 . This appropriation may be used
17.32on programs receiving family, friends, and
17.33neighbor grant funds as of June 30, 2009,
17.34or on new programs or projects. This is a
17.35onetime appropriation. Any unexpended
18.1balance the first year is available in the
18.2second year.
18.3Voluntary quality rating system training,
18.4coaching, consultation, and supports.
18.5$633,000 in fiscal year 2010 and $633,000
18.6in fiscal year 2011 are from the federal child
18.7care development fund required targeted
18.8quality funds for quality expansion and
18.9infant/toddler from the American Recovery
18.10and Reinvestment Act of 2009, Public
18.11Law 111-5, to the commissioner of human
18.12services consistent with federal regulations
18.13for the purpose of providing grants to provide
18.14statewide child-care provider training,
18.15coaching, consultation, and supports to
18.16prepare for the voluntary Minnesota quality
18.17rating system rating tool. This is a onetime
18.18appropriation. Any unexpended balance the
18.19first year is available in the second year.
18.20Voluntary quality rating system. $184,000
18.21in fiscal year 2010 and $1,200,000 in fiscal
18.22year 2011 are from the federal child care
18.23development fund required targeted funds for
18.24quality expansion and infant/toddler from the
18.25American Recovery and Reinvestment Act of
18.262009, Public Law 111-5, to the commissioner
18.27of human services consistent with federal
18.28regulations for the purpose of implementing
18.29the voluntary Parent Aware quality star
18.30rating system pilot in coordination with the
18.31Minnesota Early Learning Foundation. The
18.32appropriation for the first year is to complete
18.33and promote the voluntary Parent Aware
18.34quality rating system pilot program through
18.35June 30, 2010, and the appropriation for
18.36the second year is to continue the voluntary
19.1Minnesota quality rating system pilot
19.2through June 30, 2011. This is a onetime
19.3appropriation. Any unexpended balance the
19.4first year is available in the second year.

19.5

(f) Child Support Enforcement Grants

3,705,000

3,705,000

19.6

(g) Children's Services Grants

19.7	Appropriations by Fund
19.8	General	48,333,000	50,498,000
19.9	Federal TANF	340,000	240,000

19.10Base Adjustment. The general fund base is
19.11decreased by $5,371,000 in fiscal year 2012
19.12and decreased $5,371,000 in fiscal year 2013.
19.13Privatized Adoption Grants. Federal
19.14reimbursement for privatized adoption grant
19.15and foster care recruitment grant expenditures
19.16is appropriated to the commissioner for
19.17adoption grants and foster care and adoption
19.18administrative purposes.
19.19Adoption Assistance Incentive Grants.
19.20Federal funds available during fiscal year
19.212010 and fiscal year 2011 for the adoption
19.22incentive grants are appropriated to the
19.23commissioner for postadoption services
19.24including parent support groups.
19.25Adoption Assistance and Relative Custody
19.26Assistance. The commissioner may transfer
19.27unencumbered appropriation balances for
19.28adoption assistance and relative custody
19.29assistance between fiscal years and between
19.30programs.

19.31

(h) Children and Community Services Grants

67,663,000

67,542,000

19.32Targeted Case Management Temporary
19.33Funding Adjustment. The commissioner
19.34shall recover from each county and tribe
20.1receiving a targeted case management
20.2temporary funding payment in fiscal year
20.32008 an amount equal to that payment. The
20.4commissioner shall recover one-half of the
20.5funds by February 1, 2010, and the remainder
20.6by February 1, 2011. At the commissioner's
20.7discretion and at the request of a county
20.8or tribe, the commissioner may revise
20.9the payment schedule, but full payment
20.10must not be delayed beyond May 1, 2011.
20.11The commissioner may use the recovery
20.12procedure under Minnesota Statutes, section
20.13256.017 , to recover the funds. Recovered
20.14funds must be deposited into the general
20.15fund.

20.16

(i) General Assistance Grants

48,215,000

48,608,000

20.17General Assistance Standard. The
20.18commissioner shall set the monthly standard
20.19of assistance for general assistance units
20.20consisting of an adult recipient who is
20.21childless and unmarried or living apart
20.22from parents or a legal guardian at $203.
20.23The commissioner may reduce this amount
20.24according to Laws 1997, chapter 85, article
20.253, section 54.
20.26Emergency General Assistance. The
20.27amount appropriated for emergency general
20.28assistance funds is limited to no more
20.29than $7,889,812 in fiscal year 2010 and
20.30$7,889,812 in fiscal year 2011. Funds
20.31to counties must be allocated by the
20.32commissioner using the allocation method
20.33specified in Minnesota Statutes, section
20.34256D.06 .

20.35

(j) Minnesota Supplemental Aid Grants

33,930,000

35,191,000

21.1Emergency Minnesota Supplemental
21.2Aid Funds. The amount appropriated for
21.3emergency Minnesota supplemental aid
21.4funds is limited to no more than $1,100,000
21.5in fiscal year 2010 and $1,100,000 in fiscal
21.6year 2011. Funds to counties must be
21.7allocated by the commissioner using the
21.8allocation method specified in Minnesota
21.9Statutes, section 256D.46.

21.10

(k) Group Residential Housing Grants

111,778,000

114,034,000

21.11Group Residential Housing Costs
21.12Refinanced. (a) Effective July 1, 2011, the
21.13commissioner shall increase the home and
21.14community-based service rates and county
21.15allocations provided to programs for persons
21.16with disabilities established under section
21.171915(c) of the Social Security Act to the
21.18extent that these programs will be paying
21.19for the costs above the rate established
21.20in Minnesota Statutes, section 256I.05,
21.21subdivision 1 .
21.22(b) For persons receiving services under
21.23Minnesota Statutes, section 245A.02, who
21.24reside in licensed adult foster care beds
21.25for which a difficulty of care payment
21.26was being made under Minnesota Statutes,
21.27section 256I.05, subdivision 1c, paragraph
21.28(b), counties may request an exception to
21.29the individual's service authorization not to
21.30exceed the difference between the client's
21.31monthly service expenditures plus the
21.32amount of the difficulty of care payment.

21.33

(l) Children's Mental Health Grants

16,885,000

16,882,000

21.34Funding Usage. Up to 75 percent of a fiscal
21.35year's appropriation for children's mental
22.1health grants may be used to fund allocations
22.2in that portion of the fiscal year ending
22.3December 31.

22.4 22.5

(m) Other Children and Economic Assistance Grants

16,047,000

15,339,000

22.6Fraud Prevention Grants. Of this
22.7appropriation, $228,000 in fiscal year 2010
22.8and $228,000 in fiscal year 2011 is to the
22.9commissioner for fraud prevention grants to
22.10counties.
22.11Food Shelf Programs. Of this appropriation,
22.12$151,000 in fiscal year 2011 is for food shelf
22.13programs under Minnesota Statutes, section
22.14256E.34. This funding is onetime.
22.15Homeless and Runaway Youth. $218,000
22.16in fiscal year 2010 is for the Runaway
22.17and Homeless Youth Act under Minnesota
22.18Statutes, section 256K.45. Funds shall be
22.19spent in each area of the continuum of care
22.20to ensure that programs are meeting the
22.21greatest need. Any unexpended balance in
22.22the first year is available in the second year.
22.23Beginning July 1, 2011, the base is increased
22.24by $119,000 each year.
22.25ARRA Homeless Youth Funds. To the
22.26extent permitted under federal law, the
22.27commissioner shall designate $2,500,000
22.28of the Homeless Prevention and Rapid
22.29Re-Housing Program funds provided under
22.30the American Recovery and Reinvestment
22.31Act of 2009, Public Law 111-5, for agencies
22.32providing homelessness prevention and rapid
22.33rehousing services to youth.
22.34Supportive Housing Services. $1,500,000
22.35each year is for supportive services under
23.1Minnesota Statutes, section 256K.26. This is
23.2a onetime appropriation.
23.3Community Action Grants. Community
23.4action grants are reduced one time by
23.5$1,794,000 each year. This reduction is due
23.6to the availability of federal funds under the
23.7American Recovery and Reinvestment Act.
23.8Base Adjustment. The general fund base
23.9is increased by $773,000 $903,000 in fiscal
23.10year 2012 and $773,000 $413,000 in fiscal
23.11year 2013.
23.12Federal ARRA Funds for Existing
23.13Programs. (a) (1) Federal funds received by
23.14the commissioner for the emergency food
23.15and shelter program from the American
23.16Recovery and Reinvestment Act of 2009,
23.17Public Law 111-5, but not previously
23.18approved by the legislature are appropriated
23.19to the commissioner for the purposes of the
23.20grant program.
23.21(b) (2) Federal funds received by the
23.22commissioner for the emergency shelter
23.23grant program including the Homelessness
23.24Prevention and Rapid Re-Housing
23.25Program from the American Recovery and
23.26Reinvestment Act of 2009, Public Law
23.27111-5, are appropriated to the commissioner
23.28for the purposes of the grant programs.
23.29(c) (3) Federal funds received by the
23.30commissioner for the emergency food
23.31assistance program from the American
23.32Recovery and Reinvestment Act of 2009,
23.33Public Law 111-5, are appropriated to the
23.34commissioner for the purposes of the grant
23.35program.
24.1(d) (4) Federal funds received by the
24.2commissioner for senior congregate meals
24.3and senior home-delivered meals from the
24.4American Recovery and Reinvestment Act
24.5of 2009, Public Law 111-5, are appropriated
24.6to the commissioner for the Minnesota Board
24.7on Aging, for purposes of the grant programs.
24.8(e) (5) Federal funds received by the
24.9commissioner for the community services
24.10block grant program from the American
24.11Recovery and Reinvestment Act of 2009,
24.12Public Law 111-5, are appropriated to the
24.13commissioner for the purposes of the grant
24.14program.
24.15Long-Term Homeless Supportive
24.16Service Fund Appropriation. To the
24.17extent permitted under federal law, the
24.18commissioner shall designate $3,000,000
24.19of the Homelessness Prevention and Rapid
24.20Re-Housing Program funds provided under
24.21the American Recovery and Reinvestment
24.22Act of 2009, Public Law, 111-5, to the
24.23long-term homeless service fund under
24.24Minnesota Statutes, section 256K.26. This
24.25appropriation shall become available by July
24.261, 2009. This paragraph is effective the day
24.27following final enactment.

24.28    Sec. 12. Laws 2009, chapter 79, article 13, section 5, subdivision 8, as amended by
24.29Laws 2009, chapter 173, article 2, section 3, subdivision 8, is amended to read:

24.30 24.31

Subd. 8.Board of Nursing Home Administrators

1,211,000

1,023,000

24.32Administrative Services Unit - Operating
24.33Costs. Of this appropriation, $524,000
24.34in fiscal year 2010 and $526,000 in
24.35fiscal year 2011 are for operating costs
25.1of the administrative services unit. The
25.2administrative services unit may receive
25.3and expend reimbursements for services
25.4performed by other agencies.
25.5Administrative Services Unit - Retirement
25.6Costs. Of this appropriation in fiscal year
25.72010, $201,000 is for onetime retirement
25.8costs in the health-related boards. This
25.9funding may be transferred to the health
25.10boards incurring those costs for their
25.11payment. These funds are available either
25.12year of the biennium.
25.13Administrative Services Unit - Volunteer
25.14Health Care Provider Program. Of this
25.15appropriation, $79,000 in fiscal year 2010
25.16and $89,000 in fiscal year 2011 are to pay
25.17for medical professional liability coverage
25.18required under Minnesota Statutes, section
25.19214.40 .
25.20Administrative Services Unit - Contested
25.21Cases and Other Legal Proceedings. Of
25.22this appropriation, $200,000 in fiscal year
25.232010 and $200,000 in fiscal year 2011 are
25.24for costs of contested case hearings and other
25.25unanticipated costs of legal proceedings
25.26involving health-related boards funded
25.27under this section and for unforeseen
25.28expenditures of an urgent nature. Upon
25.29certification of a health-related board to the
25.30administrative services unit that the costs
25.31will be incurred and that there is insufficient
25.32money available to pay for the costs out of
25.33money currently available to that board, the
25.34administrative services unit is authorized
25.35to transfer money from this appropriation
26.1to the board for payment of those costs
26.2with the approval of the commissioner of
26.3finance. This appropriation does not cancel.
26.4Any unencumbered and unspent balances
26.5remain available for these expenditures in
26.6subsequent fiscal years. The boards receiving
26.7funds under this section shall include these
26.8amounts when setting fees to cover their
26.9costs.

26.10    Sec. 13. EFFECTIVE DATE.
26.11The provisions in this article are effective July 1, 2010, unless a different effective
26.12date is explicit.