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HF 2699

1st Unofficial Engrossment - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am
KEY: ~~stricken~~ = removed, old language.
underscored = added, new language.
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Engrossments
Introduction		Posted on 02/01/2000
1st Engrossment		Posted on 02/11/2000
2nd Engrossment		Posted on 03/15/2000
3rd Engrossment		Posted on 03/16/2000
4th Engrossment		Posted on 03/21/2000
5th Engrossment		Posted on 05/11/2000
Unofficial Engrossments
1st Unofficial Engrossment		Posted on 01/22/2001
  1.1                          A bill for an act 
  1.2             relating to the organization and operation of state 
  1.3             government; making supplemental appropriations and 
  1.4             reductions; modifying provisions relating to health 
  1.5             care, human services, income assistance and job 
  1.6             training, state procurement, securities, criminal 
  1.7             justice and crime prevention, traffic regulations, 
  1.8             environment and natural resources, agriculture, public 
  1.9             offices and institutions, technology, bonding, and 
  1.10            workers' compensation; setting fees; increasing 
  1.11            certain fines; making technical and clarifying 
  1.12            changes; amending Minnesota Statutes 1998, sections 
  1.13            16A.11, subdivision 3; 16A.126, subdivision 2; 
  1.14            16A.641, subdivision 1; 16A.642, subdivision 1; 
  1.15            16A.67, subdivision 1; 16A.671, subdivisions 1 and 2; 
  1.16            16B.052; 16B.121; 16B.48, subdivision 4; 16B.485; 
  1.17            16C.05, subdivision 3; 16E.01, as amended; 16E.04, as 
  1.18            amended; 16E.05; 16E.06; 16E.07, subdivisions 2, 5, 6, 
  1.19            7, 8, 9, 10, and 11; 17.4988, subdivision 2; 18E.04, 
  1.20            subdivision 4; 41A.09, subdivision 3a; 80A.122, by 
  1.21            adding a subdivision; 80A.28, subdivision 1; 85.015, 
  1.22            subdivision 8; 85.34, subdivision 1, and by adding 
  1.23            subdivisions; 97A.055, subdivisions 1 and 2; 97A.071, 
  1.24            subdivision 2; 97A.411, subdivision 1; 97A.421; 
  1.25            97A.475, subdivisions 2, 3, 4, 6, 7, 8, 11, 12, 13, 
  1.26            and 20; 97A.485, subdivision 12; 115B.17, subdivision 
  1.27            19; 116L.04, subdivision 1; 121A.15, subdivisions 1, 
  1.28            3, 4, 8, 9, and 10; 125A.74, subdivisions 1 and 2; 
  1.29            144A.071, subdivision 4a, and by adding a subdivision; 
  1.30            145.412, subdivision 1; 148B.32, subdivision 1; 
  1.31            169.21, subdivisions 2 and 3; 181A.12, subdivision 1; 
  1.32            216C.051, subdivision 9; 216C.41, subdivision 3; 
  1.33            242.41; 242.43; 242.44; 252.28, by adding a 
  1.34            subdivision; 256.741, by adding a subdivision; 
  1.35            256.955, subdivision 2, and by adding a subdivision; 
  1.36            256.9751; 256B.0625, by adding a subdivision; 
  1.37            256B.431, by adding subdivisions; 256B.434, by adding 
  1.38            a subdivision; 256B.501, by adding a subdivision; 
  1.39            256B.69, subdivision 5d; 256J.47, subdivision 1; 
  1.40            256J.50, subdivision 7; 256J.52, subdivision 2; 
  1.41            256J.53, subdivision 3; 256J.62, by adding a 
  1.42            subdivision; 256L.01, subdivision 4; 256L.04, 
  1.43            subdivision 7; 297A.44, subdivision 1; 383B.235, by 
  1.44            adding a subdivision; 422A.101, subdivision 3; 
  1.45            477A.0121, subdivision 4; 609.322, subdivision 1; 
  1.46            611.21; 611.27, subdivision 5, and by adding a 
  2.1             subdivision; and 611A.32, subdivision 5; Minnesota 
  2.2             Statutes 1999 Supplement, sections 10A.01, subdivision 
  2.3             35; 16A.129, subdivision 3; 16E.02, subdivision 1; 
  2.4             16E.08; 62J.535, subdivision 2; 97A.075, subdivision 
  2.5             1; 97B.020; 116L.04, subdivision 1a; 119B.011, 
  2.6             subdivision 15; 144.395, by adding a subdivision; 
  2.7             144.396, subdivisions 11 and 12; 241.272, subdivision 
  2.8             6; 242.192; 256.019; 256B.056, subdivision 4; 
  2.9             256B.0625, subdivision 13; 256B.0916, subdivision 1; 
  2.10            256B.431, subdivisions 17 and 28; 256B.69, 
  2.11            subdivisions 5b and 5c; 256D.03, subdivision 4; 
  2.12            256D.053, subdivision 1; 256J.02, subdivision 2; 
  2.13            256J.08, subdivision 86; 256J.11, subdivision 2; 
  2.14            256J.21, subdivision 2; 256J.33, subdivision 4; 
  2.15            256J.34, subdivisions 1 and 4; 256J.37, subdivision 9; 
  2.16            256J.46, subdivision 1; 256J.52, subdivisions 3, 4, 
  2.17            and 5; 256J.56; 256L.07, subdivision 3; 268.035, 
  2.18            subdivision 20; 268.085, subdivision 4; 268.98, 
  2.19            subdivision 3; 326.105; and 626.84, subdivision 1; 
  2.20            Laws 1984, chapter 597, section 22; Laws 1987, chapter 
  2.21            400, section 25, subdivisions 1 and 5; Laws 1989, 
  2.22            chapter 300, article 1, section 23, subdivision 1; 
  2.23            Laws 1990, chapter 610, article 1, section 30; Laws 
  2.24            1991, chapter 354, article 11, section 2, subdivision 
  2.25            1; Laws 1992, chapter 558, section 28; Laws 1994, 
  2.26            chapter 639, article 3, section 5; Laws 1994, chapter 
  2.27            643, section 31; Laws 1995, First Special Session 
  2.28            chapter 2, article 1, section 14; Laws 1996, chapter 
  2.29            463, section 27; Laws 1997, chapter 246, section 10; 
  2.30            Laws 1998, chapter 404, sections 7, subdivision 23, as 
  2.31            amended; and 27; Laws 1999, chapters 216, article 1, 
  2.32            sections 7, subdivision 6; and 18; 231, sections 6, as 
  2.33            amended; 11, subdivision 3; and 14; 240, articles 1, 
  2.34            section 13; and 2, section 16; 245, articles 1, 
  2.35            sections 2, subdivisions 5 and 8; and 4, section 121; 
  2.36            250, article 1, sections 11; 12, subdivision 8; 14, 
  2.37            subdivision 3; and 18; proposing coding for new law in 
  2.38            Minnesota Statutes, chapters 97A; 116L; 119B; 136F; 
  2.39            145; 169; 241; 242; 256; 256J; 260B; 268; 299A; 299G; 
  2.40            326; 462A; and 611A; proposing coding for new law as 
  2.41            Minnesota Statutes, chapter 299N; repealing Minnesota 
  2.42            Statutes 1998, sections 168A.40, subdivisions 1, 3, 
  2.43            and 4; 299E.01; 299E.02; 626.88, subdivision 3; 
  2.44            Minnesota Statutes 1999 Supplement, sections 16C.065; 
  2.45            144.396, subdivision 13; 168A.40, subdivision 2; Laws 
  2.46            1997, chapter 203, articles 7, section 27; and 9, 
  2.47            section 21; Laws 1998, chapter 407, article 6, section 
  2.48            111; and Laws 1999, chapter 250, article 1, section 
  2.49            15, subdivision 4; Minnesota Rules, part 3800.3810. 
  2.50  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  2.51                             ARTICLE 1
  2.52                           APPROPRIATIONS
  2.53  Section 1.  [HEALTH AND HUMAN SERVICES APPROPRIATIONS.] 
  2.54     The sums shown in the columns marked "APPROPRIATIONS" are 
  2.55  appropriated from the general fund, or any other fund named, to 
  2.56  the agencies and for the purposes specified in this article, to 
  2.57  be available for the fiscal years indicated for each purpose.  
  2.58  The figures "2000" and "2001"  mean that the appropriation or 
  2.59  appropriations listed under them are available for the fiscal 
  2.60  year ending June 30, 2000, or June 30, 2001, respectively, and 
  3.1   if an earlier appropriation was made for that purpose for that 
  3.2   year, the appropriation in this article is added to it.  Where a 
  3.3   dollar amount appears in parenthesis, it means a reduction of an 
  3.4   earlier appropriation for that purpose for that year. 
  3.5                           SUMMARY BY FUND 
  3.6   APPROPRIATIONS                                      BIENNIAL
  3.7                             2000          2001           TOTAL
  3.8   General            $   16,128,000   $91,257,000      $107,385,000
  3.9   State Government
  3.10  Special Revenue           150,000        -0-            150,000
  3.11  Health Care Access 
  3.12  Fund                    1,266,000   4,773,000           6,039,000
  3.13   
  3.14  Lottery Prize Fund        -0-            248,000        248,000
  3.15  TOTAL              $   17,544,000   $96,278,000      $113,822,000
  3.16                                             APPROPRIATIONS 
  3.17                                         Available for the Year 
  3.18                                             Ending June 30 
  3.19                                            2000         2001 
  3.20  Sec. 2.  COMMISSIONER OF 
  3.21  HUMAN SERVICES 
  3.22  Subdivision 1.  Total 
  3.23  Appropriation                     $   17,394,000 $95,238,000
  3.24                Summary by Fund
  3.25  General              16,128,000 90,217,000
  3.26  Health Care Access    1,266,000 4,773,000
  3.27  Lottery                 -0-           248,000
  3.28  This appropriation is added to the 
  3.29  appropriation in Laws 1999, chapter 
  3.30  245, article 1, section 2. 
  3.31  The amounts that are added to or 
  3.32  reduced from the appropriation for each 
  3.33  program are specified in the following 
  3.34  subdivisions. 
  3.35  Subd. 2.  Children's Grants  
  3.36       1,130,000      3,309,000
  3.37  [ADOPTION ASSISTANCE.] Of this 
  3.38  appropriation, $674,000 in fiscal year 
  3.39  2000 and $1,800,000 in fiscal year 2001 
  3.40  is for the adoption assistance program 
  3.41  under Minnesota Statutes, section 
  3.42  259.67, and $456,000 in fiscal year 
  3.43  2000 and $900,000 in fiscal year 2001 
  3.44  is for the relative custody assistance 
  3.45  program under Minnesota Statutes, 
  3.46  section 257.85. 
  3.47  Subd. 3.  Basic Health Care Grants
  4.1       14,984,000       52,700,000
  4.2                 Summary by Fund
  4.3   General              13,718,000    48,673,000 
  4.4   Health Care Access    1,266,000     4,027,000
  4.5   The amounts that may be spent from this 
  4.6   appropriation for each purpose are as 
  4.7   follows: 
  4.8   (a) Minnesota Care Grants
  4.9   Health Care Access Fund
  4.10       1,266,000      4,027,000 
  4.11  [REIMBURSEMENT FROM HEALTH CARE ACCESS 
  4.12  FUND.] Beginning July 1, 2000, for 
  4.13  fiscal years 2001 to 2003, the 
  4.14  commissioner of finance shall transfer 
  4.15  from the health care access fund to the 
  4.16  general fund money sufficient to 
  4.17  reimburse the medical assistance costs 
  4.18  associated with MFIP post-secondary 
  4.19  education and training modifications in 
  4.20  Minnesota Statutes, section 256J.522.  
  4.21  Notwithstanding section 6, this 
  4.22  paragraph expires on June 30, 2003. 
  4.23  (b) MA Basic Health Care Grants - 
  4.24  Families and Children
  4.25  General  22,751,000    24,247,000 
  4.26  [ADVANCE CAPITATION PAYMENTS.] The 
  4.27  commissioner shall provide an advance 
  4.28  of $500,000 in June of 2001 and June of 
  4.29  2002, not to exceed the total monthly 
  4.30  per capita payment due for services 
  4.31  provided in June, to county-based 
  4.32  purchasing sites operating under 
  4.33  Minnesota Statutes, section 256B.692.  
  4.34  These advances shall be recovered from 
  4.35  the following month's per capita 
  4.36  payments.  Notwithstanding section 6, 
  4.37  this paragraph expires on August 1, 
  4.38  2002. 
  4.39  (c) MA Basic Health Care Grants - 
  4.40  Elderly and  Disabled
  4.41  General  (3,730,000)   14,134,000 
  4.42  [SPECIAL TRANSPORTATION.] Of the 
  4.43  general fund appropriation for the 
  4.44  fiscal year beginning July 1, 2000, 
  4.45  $109,000 for medical assistance and 
  4.46  $2,000 for general assistance medical 
  4.47  care is for the commissioner to 
  4.48  increase mileage reimbursement for 
  4.49  special transportation under Minnesota 
  4.50  Statutes, section 256B.0625, 
  4.51  subdivision 17, by five cents per mile 
  4.52  for services rendered from July 1, 
  4.53  2000, to December 31, 2000. 
  4.54  (d) General Assistance Medical Care
  4.55  General  (5,303,000)   10,292,000 
  5.1   Subd. 4.  Basic Health Care  
  5.2   Administration
  5.3   Health Care Access      -0-           746,000
  5.4   [EMPLOYER-SUBSIDIZED INSURANCE.] Of the 
  5.5   appropriation from the health care 
  5.6   access fund for the fiscal year 
  5.7   beginning July 1, 2000, $746,000 is for 
  5.8   administrative costs related to the 
  5.9   employer-subsidized health insurance 
  5.10  program under Minnesota Statutes, 
  5.11  section 256.9370, including $200,000 
  5.12  for MMIS costs. 
  5.13  Subd. 5.  Continuing Care and 
  5.14  Community Support Grants
  5.15     (35,029,000)     8,060,000
  5.16                Summary by Fund
  5.17  General             (35,029,000)    7,812,000
  5.18  Lottery                 -0-           248,000
  5.19  The amounts that may be spent from this 
  5.20  appropriation for each purpose are as 
  5.21  follows: 
  5.22  (a) Community Services Block Grants
  5.23         -0-            928,000 
  5.24  (b) Aging Adult Service Grants
  5.25         -0-             207,000
  5.26  [EPILEPSY.] Of the general fund 
  5.27  appropriation, $7,000 in fiscal year 
  5.28  2001 is to the commissioner to provide 
  5.29  a three percent reimbursement increase 
  5.30  to living skills training programs for 
  5.31  persons with intractable epilepsy who 
  5.32  need assistance in the transition to 
  5.33  independent living. 
  5.34  (c) Deaf and Hard-of-Hearing 
  5.35  Services Grants
  5.36         -0-             21,000 
  5.37  (d) Mental Health Grants
  5.38  General                 -0-         1,920,000
  5.39  Lottery                 -0-           248,000
  5.40  [SERVICES FOR FARMERS.] Of the 
  5.41  appropriation from the general fund for 
  5.42  the fiscal year beginning July 1, 2000, 
  5.43  $450,000 is to the commissioner for the 
  5.44  following purposes: 
  5.45  (1) $300,000 is to be transferred to 
  5.46  the commissioner of agriculture for 
  5.47  grants to organizations participating 
  5.48  in the farm wrap network and the rural 
  5.49  help network.  The grants may be used 
  5.50  for mental health services and 
  5.51  emergency services for farmers.  
  6.1   (2) $150,000 is to be transferred to 
  6.2   the board of trustees of the Minnesota 
  6.3   state colleges and universities for 
  6.4   mental health counseling support to 
  6.5   farm families and business operators 
  6.6   through the farm business management 
  6.7   program at Central Lakes college and 
  6.8   Ridgewater college. 
  6.9   [COMPULSIVE GAMBLING TREATMENT.] For 
  6.10  the fiscal year beginning July 1, 2000, 
  6.11  $248,000 is appropriated from the 
  6.12  lottery prize fund to the commissioner 
  6.13  for the compulsive gambling treatment 
  6.14  program.  Of this appropriation, 
  6.15  $143,000 is for a grant to gamblers 
  6.16  intervention services in Duluth to be 
  6.17  spent as follows: 
  6.18  (1) $100,000 is to establish an 
  6.19  outpatient gambling treatment program 
  6.20  in Brainerd; and 
  6.21  (2) $43,000 is to make treatment center 
  6.22  building improvements to accommodate 
  6.23  expanded group services. 
  6.24  $75,000 is for a grant to the Minnesota 
  6.25  arrowhead region gambling treatment 
  6.26  alliance to provide extended outreach 
  6.27  and family counseling through its 
  6.28  Virginia center. 
  6.29  The remaining $30,000 is for a grant to 
  6.30  gamblers choice in Minneapolis to make 
  6.31  treatment center building improvements 
  6.32  to accommodate expanded group services. 
  6.33  These are one-time appropriations and 
  6.34  shall not become part of base-level 
  6.35  funding for the 2002-2003 biennium. 
  6.36  (e) Developmental Disabilities
  6.37  Support Grants
  6.38         -0-            210,000 
  6.39  (f) Medical Assistance Long-Term 
  6.40  Care Waivers and Home Care
  6.41     (12,385,000)     2,948,000  
  6.42  (g) Medical Assistance Long-Term
  6.43  Care Facilities
  6.44     (20,790,000)    (2,163,000)                 
  6.45  (h) Alternative Care Grants  
  6.46         -0-          1,566,000                
  6.47  (i) Group Residential Housing
  6.48      (1,854,000)      (295,000)                
  6.49  (j) Chemical Dependency
  6.50  Entitlement Grants
  6.51         -0-          2,470,000                 
  6.52  Subd. 6.  Economic Support Grants
  7.1       36,309,000     30,423,000                 
  7.2   The amounts that may be spent from this 
  7.3   appropriation for each purpose are as 
  7.4   follows: 
  7.5   (a) Assistance to Families Grants
  7.6       35,428,000     22,500,000                 
  7.7   [APPROPRIATIONS OF FEDERAL TANF FUNDS.] 
  7.8   (a) In addition to the TANF funds 
  7.9   provided in Laws 1999, chapter 245, 
  7.10  article 1, section 2, subdivision 10, 
  7.11  federal TANF block grant funds are 
  7.12  appropriated to the commissioner in 
  7.13  amounts of ($4,413,000) in fiscal year 
  7.14  2000 and $65,024,000 in fiscal year 
  7.15  2001. 
  7.16  (b) Of the funds appropriated to the 
  7.17  commissioner for state fiscal year 
  7.18  2001, $9,500,000 shall be added to the 
  7.19  appropriation for the MFIP employment 
  7.20  services program for local 
  7.21  interventions for family employment; 
  7.22  $1,500,000 shall be appropriated for 
  7.23  the purpose of training job counselors, 
  7.24  evaluating the effectiveness of the 
  7.25  interventions, and identifying 
  7.26  improvements needed; and $1,000,000 is 
  7.27  appropriated to the commissioner to 
  7.28  contract with the entities indicated in 
  7.29  clauses (1) and (2) for the following 
  7.30  purposes: 
  7.31  (1) $750,000 for the job skills 
  7.32  partnership board for the health care 
  7.33  and human services worker training and 
  7.34  retention program created under 
  7.35  Minnesota Statutes, section 116L.10; 
  7.36  and 
  7.37  (2) $250,000 for the board of trustees 
  7.38  of the Minnesota state colleges and 
  7.39  universities to provide tuition waivers 
  7.40  to employees of health care and human 
  7.41  services providers located in the state 
  7.42  that are members of qualifying 
  7.43  consortia operating under Minnesota 
  7.44  Statutes, sections 116L.10 to 116L.15. 
  7.45  The appropriations in clauses (1) and 
  7.46  (2) shall become part of the base-level 
  7.47  funding for the commissioner and shall 
  7.48  be transferred on an annual basis to 
  7.49  the job skills partnership board and 
  7.50  the board of trustees of the Minnesota 
  7.51  state colleges and universities for the 
  7.52  purposes indicated. 
  7.53  (c) Notwithstanding Minnesota Statutes 
  7.54  1998, sections 119B.01, subdivision 12, 
  7.55  and 119B.05, subdivision 1, a county 
  7.56  may use local interventions for family 
  7.57  employment funds for child care 
  7.58  assistance provided to MFIP families 
  7.59  participating in preemployment 
  7.60  activities required as part of their 
  7.61  employment plan and defined as work 
  7.62  activities under Minnesota Statutes, 
  8.1   section 256J.49. 
  8.2   (d) A county may provide child care 
  8.3   assistance to families that have 
  8.4   completed their transition year of 
  8.5   child care assistance and are on the 
  8.6   waiting list for basic sliding fee 
  8.7   child care. 
  8.8   (e) A county may use local 
  8.9   interventions for family employment 
  8.10  funds for that part of the match for 
  8.11  access to jobs federal funds that is 
  8.12  TANF eligible. 
  8.13  (f) A county may use local 
  8.14  interventions for family employment 
  8.15  funds to enhance transportation choices 
  8.16  for eligible recipients up to 150 
  8.17  percent of the federal poverty 
  8.18  guideline. 
  8.19  (g) Reimbursements for child care under 
  8.20  paragraphs (c) and (d) shall be made to 
  8.21  the commissioner of children, families, 
  8.22  and learning.  Reimbursements shall be 
  8.23  made quarterly through transfers under 
  8.24  Minnesota Statutes, section 256J.02, 
  8.25  subdivision 4, or direct TANF payments. 
  8.26  The commissioner of children, families, 
  8.27  and learning shall ensure that all 
  8.28  transferred funds are expended in 
  8.29  accordance with federal child care 
  8.30  development fund regulations. 
  8.31  (h) No reimbursement may be made with 
  8.32  respect to paragraphs (e) to (g) that 
  8.33  would meet the federal definition of 
  8.34  assistance under Code of Federal 
  8.35  Regulations, title 45, chapter II, part 
  8.36  260.31(a), as excepted by Code of 
  8.37  Federal Regulations, title 45, chapter 
  8.38  II, part 260.31(b)(7). 
  8.39  (i) Of the funds appropriated to the 
  8.40  commissioner for state fiscal year 
  8.41  2001, up to $5,311,000 shall be used to 
  8.42  reimburse the federal government for 
  8.43  the federal share of the child support 
  8.44  recoveries passed through to custodial 
  8.45  parents. 
  8.46  (j) Of the amounts in paragraph (a), 
  8.47  $299,000 in fiscal year 2001 is 
  8.48  transferred from the state's federal 
  8.49  TANF block grant to the state's federal 
  8.50  child care and development fund block 
  8.51  grant, and is appropriated to the 
  8.52  commissioner of children, families, and 
  8.53  learning for the purposes of Minnesota 
  8.54  Statutes, section 119B.05. 
  8.55  (k) When preparing the governor's 
  8.56  budget for the 2002-2003 biennium, the 
  8.57  commissioner of finance shall ensure 
  8.58  that the base-level funding for the 
  8.59  local interventions for family 
  8.60  employment includes $22,000,000 in 
  8.61  fiscal year 2002 and $22,000,000 in 
  8.62  fiscal year 2003.  These appropriations 
  8.63  shall not become part of the base for 
  9.1   the 2004-2005 biennium. 
  9.2   [EXTENDED LEARNING INITIATIVE.] (a) For 
  9.3   fiscal year 2001, the commissioner 
  9.4   shall use $10,000,000 of the general 
  9.5   funds appropriated under Laws 1999, 
  9.6   chapter 245, article 1, section 2, 
  9.7   subdivision 10, for the extended 
  9.8   learning initiative.  Under the 
  9.9   extended learning initiative, grants 
  9.10  shall be provided on a competitive 
  9.11  basis to community or nonprofit 
  9.12  organizations, political subdivisions, 
  9.13  or school-based programs for the 
  9.14  purpose of establishing or expanding 
  9.15  after-school and summer school programs 
  9.16  to assist low-income children and 
  9.17  families.  The commissioner shall 
  9.18  emphasize to the entities that are 
  9.19  implementing this program the 
  9.20  importance of not separating or 
  9.21  stigmatizing children who are 
  9.22  participating in this program.  
  9.23  (b) Of the amount in paragraph (a), at 
  9.24  least $700,000 is for the commissioner 
  9.25  to transfer to the commissioner of 
  9.26  children, families, and learning to 
  9.27  reinstate funding for after-school 
  9.28  enrichment grants under Laws 1996, 
  9.29  chapter 412, article 4, section 30, as 
  9.30  follows:  at least $500,000 to the 
  9.31  Whittier and Phillips neighborhoods and 
  9.32  at least $200,000 to the Lyndale 
  9.33  neighborhood.  This appropriation is 
  9.34  available until expended. 
  9.35  (c) Grants must not supplant any 
  9.36  existing program funding targeted at a 
  9.37  similar population and must be used to 
  9.38  provide high-quality, academic-based 
  9.39  after-school and summer school 
  9.40  educational services to TANF-eligible 
  9.41  students to enable their parents to 
  9.42  participate in training or employment 
  9.43  activities.  Grant recipients must 
  9.44  demonstrate that their program will: 
  9.45  (1) provide low-income students with a 
  9.46  high-quality, extended learning program 
  9.47  that has clear, measurable goals and 
  9.48  includes an assessment of each 
  9.49  student's knowledge before and after 
  9.50  participation in the program; and 
  9.51  (2) include a parent and family 
  9.52  involvement component with 
  9.53  supplementary materials and activities, 
  9.54  and a measurement of parental 
  9.55  involvement for participating students 
  9.56  and the parent's level of satisfaction 
  9.57  with the program's content and results. 
  9.58  (d) This appropriation shall not become 
  9.59  part of the base for the 2002-2003 
  9.60  biennium. 
  9.61  [TRANSFERS TO MINNESOTA HOUSING FINANCE 
  9.62  AGENCY.] (a) By June 30, 2001, the 
  9.63  commissioner shall transfer $54,500,000 
  9.64  of the general funds appropriated under 
 10.1   Laws 1999, chapter 245, article 1, 
 10.2   section 2, subdivision 10, to the 
 10.3   Minnesota housing finance agency for 
 10.4   transfer to the housing development 
 10.5   fund.  The program funded by this 
 10.6   transfer shall be known as the "Bruce 
 10.7   F. Vento Year 2000 Affordable Housing 
 10.8   Program." Up to $25,800,000 may be 
 10.9   transferred in fiscal year 2000. 
 10.10  (b) Of the funds transferred in 
 10.11  paragraph (a), $5,000,000 in fiscal 
 10.12  year 2001 and $10,000,000 in fiscal 
 10.13  year 2002 is for a loan to Habitat for 
 10.14  Humanity of Minnesota, Inc.  The loan 
 10.15  shall be an interest-free deferred 
 10.16  loan.  The loan shall become due and 
 10.17  payable in the event and to the extent 
 10.18  that Habitat for Humanity of Minnesota, 
 10.19  Inc. does not invest repayments and 
 10.20  prepayment of mortgage loans financed 
 10.21  with this appropriation in new 
 10.22  mortgages for additional homebuyers 
 10.23  through Habitat for Humanity of 
 10.24  Minnesota, Inc.  To the extent 
 10.25  practicable, funding must be allocated 
 10.26  to Habitat for Humanity chapters on the 
 10.27  basis of the number of MFIP households 
 10.28  residing within a chapter's service 
 10.29  area compared to the statewide total of 
 10.30  MFIP households and on the basis of a 
 10.31  chapter's capacity. 
 10.32  (c) Of the funds transferred in 
 10.33  paragraph (a), $20,800,000 in fiscal 
 10.34  year 2001 and $18,700,000 in fiscal 
 10.35  year 2002 is for the affordable rental 
 10.36  investment fund program under Minnesota 
 10.37  Statutes, section 462A.21, subdivision 
 10.38  8b.  To the extent practicable, the 
 10.39  number of units financed with the 
 10.40  appropriation under this paragraph 
 10.41  within a city, county, or region shall 
 10.42  reflect the number of MFIP households 
 10.43  residing within the city, county, or 
 10.44  region compared to the statewide total 
 10.45  of MFIP households.  This appropriation 
 10.46  must be used to finance rental housing 
 10.47  units that serve families: 
 10.48  (1) receiving MFIP benefits under 
 10.49  Minnesota Statutes, section 256J.01, or 
 10.50  its successor program; and 
 10.51  (2) who have lost eligibility for MFIP 
 10.52  due to increased income from employment.
 10.53  Units produced with this appropriation 
 10.54  must remain affordable for a 30-year 
 10.55  period. 
 10.56  In order to coordinate the availability 
 10.57  of housing developed with the 
 10.58  appropriation under this paragraph with 
 10.59  MFIP families in need of affordable 
 10.60  housing, the commissioner of the 
 10.61  Minnesota housing finance agency, with 
 10.62  the assistance of the commissioner of 
 10.63  human services, shall establish 
 10.64  cooperative relationships with county 
 10.65  agencies as defined in Minnesota 
 11.1   Statutes, section 256J.08, local 
 11.2   employment and training service 
 11.3   providers as defined in Minnesota 
 11.4   Statutes, section 256J.49, local social 
 11.5   service agencies, or other 
 11.6   organizations that provide assistance 
 11.7   to MFIP households.  
 11.8   The commissioner of the Minnesota 
 11.9   housing finance agency shall develop 
 11.10  strategies to promote occupancy of the 
 11.11  units financed by the appropriation 
 11.12  under this paragraph by households most 
 11.13  in need of subsidized housing.  The 
 11.14  strategies shall include provisions 
 11.15  that encourage households to move into 
 11.16  homeownership or unsubsidized housing 
 11.17  as the household secures stable 
 11.18  employment and achieves 
 11.19  self-sufficiency.  The commissioner of 
 11.20  the Minnesota housing finance agency 
 11.21  shall consult with interested parties 
 11.22  in developing these strategies.  
 11.23  (d) The commissioner of the Minnesota 
 11.24  housing finance agency and the 
 11.25  commissioner of human services shall 
 11.26  jointly prepare and submit a report to 
 11.27  the governor and the legislature on the 
 11.28  results of the funding provided under 
 11.29  this section.  The report shall include:
 11.30  (1) information on the number of units 
 11.31  produced; 
 11.32  (2) the household size and income of 
 11.33  the occupants of the units at initial 
 11.34  occupancy; and 
 11.35  (3) to the extent the information is 
 11.36  available, measures related to the 
 11.37  occupants' attachment to the workforce 
 11.38  and public assistance usage, and number 
 11.39  of occupant moves. 
 11.40  The report must be submitted annually 
 11.41  beginning January 15, 2003. 
 11.42  This subdivision is effective the day 
 11.43  following final enactment. 
 11.44  [TANF TRANSFER TO SOCIAL SERVICES.] 
 11.45  $10,000,000 is transferred from the 
 11.46  state's federal TANF block grant to the 
 11.47  state's federal Title XX block grant 
 11.48  for the fiscal year beginning July 1, 
 11.49  2000, for purposes of increasing 
 11.50  services for families with children 
 11.51  whose incomes are at or below 200 
 11.52  percent of the federal poverty 
 11.53  guidelines. 
 11.54  [WORKING FAMILY CREDIT.] (a) On a 
 11.55  regular basis, the commissioner of 
 11.56  revenue, with the assistance of the 
 11.57  commissioner of human services, shall 
 11.58  calculate the value of the refundable 
 11.59  portion of the Minnesota working family 
 11.60  credits provided under Minnesota 
 11.61  Statutes, section 290.0671, that 
 11.62  qualify for federal reimbursement from 
 12.1   the temporary assistance to needy 
 12.2   families block grant.  The commissioner 
 12.3   of revenue shall provide the 
 12.4   commissioner of human services with 
 12.5   such expenditure records and 
 12.6   information as are necessary to support 
 12.7   draws of federal funds. 
 12.8   (b) The commissioner of human services 
 12.9   shall draw federal TANF funds based on 
 12.10  calculations under paragraph (a) of 
 12.11  working family tax credit expenditures 
 12.12  that qualify for reimbursement from the 
 12.13  TANF block grant for income tax refunds 
 12.14  payable in federal fiscal years 
 12.15  beginning October 1, 1999.  The draws 
 12.16  shall be made on a regular basis based 
 12.17  on calculations of credit expenditures 
 12.18  by the commissioner of revenue.  
 12.19  Federal TANF draws shall be limited to 
 12.20  the lesser of eligible TANF 
 12.21  expenditures attributable to state 
 12.22  fiscal years 2000 to 2003, or the 
 12.23  following amounts attributable to state 
 12.24  fiscal years 2000 to 2003:  fiscal year 
 12.25  2000, $33,100,000; fiscal year 2001, 
 12.26  $58,700,000; fiscal year 2002, 
 12.27  $6,500,000; and fiscal year 2003, 
 12.28  $11,200,000. 
 12.29  (c) Of the TANF reimbursements drawn in 
 12.30  the 2000-2001 biennium under paragraph 
 12.31  (b), the commissioner is appropriated 
 12.32  $64,500,000 in order to replace 
 12.33  maintenance of effort funds transferred 
 12.34  to the housing finance agency and 
 12.35  general funds directed to the extended 
 12.36  learning initiative under this 
 12.37  subdivision.  The balance of the TANF 
 12.38  reimbursements for the working family 
 12.39  credit in state fiscal years 2000 and 
 12.40  2001 and all of the reimbursements in 
 12.41  fiscal years 2002 and 2003 shall be 
 12.42  deposited in the state's general fund. 
 12.43   (b) AFDC and Other Assistance
 12.44          -0-        10,734,000 
 12.45   (c) General Assistance
 12.46          557,000    (3,134,000)
 12.47   (d) Minnesota Supplemental Aid
 12.48          324,000       323,000 
 12.49  Sec. 3.  COMMISSIONER OF HEALTH 
 12.50  Subdivision 1.  Total 
 12.51  Appropriation                            -0-          1,040,000
 12.52                Summary by Fund
 12.53  General                 -0-         1,040,000
 12.54  This appropriation is added to the 
 12.55  appropriation in Laws 1999, chapter 
 12.56  245, article 1, section 3. 
 12.57  The amounts that may be spent from this 
 13.1   appropriation for each program are 
 13.2   specified in the following subdivisions.
 13.3   Subd. 2.  Health Systems
 13.4   and Special Populations                  -0-            865,000
 13.5                 Summary by Fund
 13.6   General                 -0-           865,000
 13.7   [FUNERAL SERVICES COMPLAINTS.] Of the 
 13.8   appropriation from the general fund for 
 13.9   the fiscal year beginning July 1, 2000, 
 13.10  $75,000 is for the commissioner to 
 13.11  respond to complaints about funeral 
 13.12  services as required under Minnesota 
 13.13  Statutes, chapter 149A.  To the extent 
 13.14  that resources are available, the 
 13.15  commissioner shall also provide 
 13.16  information and technical assistance to 
 13.17  the organizations regulated under 
 13.18  Minnesota Statutes, chapter 149A.  The 
 13.19  appropriation shall not become part of 
 13.20  base-level funding for the 2002-2003 
 13.21  biennium. 
 13.22  [POISON INFORMATION CENTERS.] Of the 
 13.23  general fund appropriation for the 
 13.24  fiscal year beginning July 1, 2000, 
 13.25  $790,000 is to the commissioner for the 
 13.26  operation of poison information centers 
 13.27  authorized under Minnesota Statutes, 
 13.28  section 145.93. 
 13.29  Subd. 3.  Health Protection             -0-            175,000
 13.30                Summary by Fund
 13.31  General                 -0-           175,000
 13.32  [SEXUALLY TRANSMITTED INFECTIONS.] Of 
 13.33  the general fund appropriation for the 
 13.34  fiscal year beginning July 1, 2000, 
 13.35  $175,000 is to the commissioner to 
 13.36  expand access to free screening and 
 13.37  testing for sexually transmitted 
 13.38  infections.  The appropriation must be 
 13.39  used in accordance with Minnesota 
 13.40  Statutes, section 144.065.  This is a 
 13.41  one-time appropriation and shall not 
 13.42  become part of base-level funding for 
 13.43  the 2002-2003 biennium. 
 13.44  Sec. 4.  HEALTH-RELATED BOARDS 
 13.45  Subdivision 1.  Total       
 13.46  Appropriation                            150,000        -0-     
 13.47  This appropriation is added to the 
 13.48  appropriation in Laws 1999, chapter 
 13.49  205, article 1, section 5. 
 13.50  The appropriations in this section are 
 13.51  from the state government special 
 13.52  revenue fund. 
 13.53  [NO SPENDING IN EXCESS OF REVENUES.] 
 13.54  The commissioner of finance shall not 
 13.55  permit the allotment, encumbrance, or 
 13.56  expenditure of money appropriated in 
 13.57  this section in excess of the 
 14.1   anticipated biennial revenues or 
 14.2   accumulated surplus revenues from fees 
 14.3   collected by the boards.  Neither this 
 14.4   provision nor Minnesota Statutes, 
 14.5   section 214.06, applies to transfers 
 14.6   from the general contingent account. 
 14.7   Subd. 2.  BOARD OF PSYCHOLOGY            150,000        -0-    
 14.8   [LEGAL COSTS.] Of this appropriation, 
 14.9   $150,000 for the fiscal year beginning 
 14.10  July 1, 1999, is to the board to pay 
 14.11  for extraordinary legal costs.  This is 
 14.12  a one-time appropriation and shall not 
 14.13  become part of base-level funding for 
 14.14  the 2002-2003 biennium. 
 14.15  Sec. 5.  CARRYOVER LIMITATION 
 14.16  None of the appropriations in this act 
 14.17  which are allowed to be carried forward 
 14.18  from fiscal year 2000 to fiscal year 
 14.19  2001 shall become part of the 
 14.20  base-level funding for the 2002-2003 
 14.21  biennial budget, unless specifically 
 14.22  directed by the legislature. 
 14.23  Sec. 6.  SUNSET OF UNCODIFIED LANGUAGE 
 14.24  All uncodified language contained in 
 14.25  this article expires on June 30, 2001, 
 14.26  unless a different expiration date is 
 14.27  explicit. 
 14.28     Sec. 7.  [EFFECTIVE DATE.] 
 14.29     The appropriations and reductions for fiscal year 2000 in 
 14.30  this article are effective the day following final enactment. 
 14.31                             ARTICLE 2
 14.32                            HEALTH CARE
 14.33     Section 1.  Minnesota Statutes 1998, section 121A.15, 
 14.34  subdivision 1, is amended to read: 
 14.35     Subdivision 1.  Except as provided in subdivisions 3, 4, 
 14.36  and 10, no person over two months old may be allowed to enroll 
 14.37  or remain enrolled in any elementary or secondary school or 
 14.38  child care facility in this state until the person has submitted 
 14.39  to the administrator or other person having general control and 
 14.40  supervision of the school or child care facility, one of the 
 14.41  following statements: 
 14.42     (1) a statement from a physician or a public clinic which 
 14.43  provides immunizations stating that the person has received 
 14.44  immunization, consistent with medically acceptable standards, 
 14.45  against measles after having attained the age of 12 months, 
 14.46  rubella, diphtheria, tetanus, pertussis, polio, mumps, 
 15.1   haemophilus influenza type b, and hepatitis B, and varicella; or 
 15.2      (2) a statement from a physician or a public clinic which 
 15.3   provides immunizations stating that the person has received 
 15.4   immunizations, consistent with medically acceptable standards, 
 15.5   against measles after having attained the age of 12 months, 
 15.6   rubella, mumps, and haemophilus influenza type b, and varicella 
 15.7   and that the person has commenced a schedule of immunizations 
 15.8   for diphtheria, tetanus, pertussis, polio, and hepatitis B and 
 15.9   which indicates the month and year of each immunization received.
 15.10     Sec. 2.  Minnesota Statutes 1998, section 121A.15, 
 15.11  subdivision 3, is amended to read: 
 15.12     Subd. 3.  [EXEMPTIONS FROM IMMUNIZATIONS.] (a) If a person 
 15.13  is at least seven years old and has not been immunized against 
 15.14  pertussis, the person must not be required to be immunized 
 15.15  against pertussis. 
 15.16     (b) If a person is at least 18 years old and has not 
 15.17  completed a series of immunizations against poliomyelitis, the 
 15.18  person must not be required to be immunized against 
 15.19  poliomyelitis.  
 15.20     (c) If a statement, signed by a physician or a public 
 15.21  clinic, is submitted to the administrator or other person having 
 15.22  general control and supervision of the school or child care 
 15.23  facility stating that an immunization is contraindicated not 
 15.24  indicated for medical reasons or that laboratory confirmation of 
 15.25  the presence of adequate immunity exists, the immunization 
 15.26  specified in the statement need not be required.  
 15.27     (d) If a notarized statement signed by the minor child's 
 15.28  parent or guardian or by the emancipated person is submitted to 
 15.29  the administrator or other person having general control and 
 15.30  supervision of the school or child care facility stating that 
 15.31  the person has not been immunized as prescribed in subdivision 1 
 15.32  because of the conscientiously held beliefs of the parent or 
 15.33  guardian of the minor child or of the emancipated person, the 
 15.34  immunizations specified in the statement shall not be required.  
 15.35  This statement must also be forwarded to the commissioner of the 
 15.36  department of health.  
 16.1      (e) If the person is under 15 months, the person is not 
 16.2   required to be immunized against measles, rubella, or mumps. 
 16.3      (f) If a person is at least five years old and has not been 
 16.4   immunized against haemophilus influenza type b, the person is 
 16.5   not required to be immunized against haemophilus influenza type 
 16.6   b. 
 16.7      (g) If a person is under 18 months, the person is not 
 16.8   required to be immunized against varicella. 
 16.9      Sec. 3.  Minnesota Statutes 1998, section 121A.15, 
 16.10  subdivision 4, is amended to read: 
 16.11     Subd. 4.  [SUBSTITUTE IMMUNIZATION STATEMENT.] (a) A person 
 16.12  who is enrolling or enrolled in an elementary or secondary 
 16.13  school or child care facility may substitute a statement from 
 16.14  the emancipated person or a parent or guardian if the person is 
 16.15  a minor child in lieu of the statement from a physician or 
 16.16  public clinic which provides immunizations.  If the statement is 
 16.17  from a parent or guardian or emancipated person, the statement 
 16.18  must indicate the month and year of each immunization given. 
 16.19     (b) In order for the statement to be acceptable for a 
 16.20  person who is enrolling in an elementary school and who is six 
 16.21  years of age or younger, it must indicate that the following was 
 16.22  given:  no less than one dose of vaccine each for measles, 
 16.23  mumps, and rubella given separately or in combination; no less 
 16.24  than four doses of vaccine for poliomyelitis, unless the third 
 16.25  dose was given after the fourth birthday, then three doses are 
 16.26  minimum; no less than five doses of vaccine for diphtheria, 
 16.27  tetanus, and pertussis, unless the fourth dose was given after 
 16.28  the fourth birthday, then four doses are minimum; and no less 
 16.29  than three doses of vaccine for hepatitis B; and no less than 
 16.30  one dose of vaccine for varicella.  
 16.31     (c) In order for the statement to be consistent with 
 16.32  subdivision 10 and acceptable for a person who is enrolling in 
 16.33  an elementary or secondary school and is age seven through age 
 16.34  19, the statement must indicate that the person has received no 
 16.35  less than one dose of vaccine each for measles, mumps, and 
 16.36  rubella given separately or in combination, and no less than 
 17.1   three doses of vaccine for poliomyelitis, diphtheria, tetanus, 
 17.2   and hepatitis B.  
 17.3      (d) In order for the statement to be acceptable for a 
 17.4   person who is enrolling in a secondary school, and who was born 
 17.5   after 1956 and is 20 years of age or older, the statement must 
 17.6   indicate that the person has received no less than one dose of 
 17.7   vaccine each for measles, mumps, and rubella given separately or 
 17.8   in combination, and no less than one dose of vaccine for 
 17.9   diphtheria and tetanus within the preceding ten years. 
 17.10     (e) In order for the statement to be acceptable for a 
 17.11  person who is enrolling in a child care facility and who is at 
 17.12  least 15 months old but who has not reached five years of age, 
 17.13  it must indicate that the following were given:  no less than 
 17.14  one dose of vaccine each for measles, mumps, and rubella given 
 17.15  separately or in combination; no less than one dose of vaccine 
 17.16  for haemophilus influenza type b given at or after the first 
 17.17  birthday; no less than four doses of vaccine for diphtheria, 
 17.18  tetanus, and pertussis; and no less than three doses of vaccine 
 17.19  for poliomyelitis; and no less than one dose of vaccine for 
 17.20  varicella if the person is at least 18 months old. 
 17.21     (f) In order for the statement to be acceptable for a 
 17.22  person who is enrolling in a child care facility and who is five 
 17.23  or six years of age, it must indicate that the following was 
 17.24  given:  no less than one dose of vaccine each for measles, 
 17.25  mumps, and rubella given separately or in combination; no less 
 17.26  than four doses of vaccine for diphtheria, tetanus, and 
 17.27  pertussis; and no less than three doses of vaccine for 
 17.28  poliomyelitis; and no less than one dose of vaccine for 
 17.29  varicella. 
 17.30     (g) In order for the statement to be acceptable for a 
 17.31  person who is enrolling in a child care facility and who is 
 17.32  seven years of age or older, the statement must indicate that 
 17.33  the person has received no less than one dose of vaccine each 
 17.34  for measles, mumps, and rubella given separately or in 
 17.35  combination and consistent with subdivision 10, and no less than 
 17.36  three doses of vaccine for poliomyelitis, diphtheria, and 
 18.1   tetanus.  
 18.2      (h) The commissioner of health, on finding that any of the 
 18.3   above requirements are not necessary to protect the public's 
 18.4   health, may suspend for one year that requirement.  
 18.5      Sec. 4.  Minnesota Statutes 1998, section 121A.15, 
 18.6   subdivision 8, is amended to read: 
 18.7      Subd. 8.  [REPORT.] The administrator or other person 
 18.8   having general control and supervision of the elementary or 
 18.9   secondary school shall file a report with the commissioner on 
 18.10  all persons enrolled in the school.  The superintendent of each 
 18.11  district shall file a report with the commissioner for all 
 18.12  persons within the district receiving instruction in a home 
 18.13  school in compliance with sections 120A.22 and 120A.24.  The 
 18.14  parent of persons receiving instruction in a home school shall 
 18.15  submit the statements as required by subdivisions 1, 2, 3, and 4 
 18.16  to the superintendent of the district in which the person 
 18.17  resides by October 1 of each school year.  The school report 
 18.18  must be prepared on forms developed jointly by the commissioner 
 18.19  of health and the commissioner of children, families, and 
 18.20  learning and be distributed to the local districts by the 
 18.21  commissioner of health.  The school report must state the number 
 18.22  of persons attending the school, the number of persons who have 
 18.23  not been immunized according to subdivision 1 or 2, and the 
 18.24  number of persons who received an exemption under subdivision 3, 
 18.25  clause (c) or (d).  The school report must be filed with the 
 18.26  commissioner of children, families, and learning within 60 days 
 18.27  of the commencement of each new school term.  Upon request, a 
 18.28  district must be given a 60-day extension for filing the school 
 18.29  report.  The commissioner of children, families, and learning 
 18.30  shall forward the report, or a copy thereof, to the commissioner 
 18.31  of health who shall provide summary reports to boards of health 
 18.32  as defined in section 145A.02, subdivision 2.  The administrator 
 18.33  or other person having general control and supervision of the 
 18.34  child care facility shall file a report with the commissioner of 
 18.35  human services on all persons enrolled in the child care 
 18.36  facility.  The child care facility report must be prepared on 
 19.1   forms developed jointly by the commissioner of health and the 
 19.2   commissioner of human services and be distributed to child care 
 19.3   facilities by the commissioner of health.  The child care 
 19.4   facility report must state the number of persons enrolled in the 
 19.5   facility, the number of persons with no immunizations, the 
 19.6   number of persons who received an exemption under subdivision 3, 
 19.7   clause (c) or (d), and the number of persons with partial or 
 19.8   full immunization histories.  The child care facility report 
 19.9   must be filed with the commissioner of human services by 
 19.10  November 1 of each year.  The commissioner of human services 
 19.11  shall forward the report, or a copy thereof, to the commissioner 
 19.12  of health who shall provide summary reports to boards of health 
 19.13  as defined in section 145A.02, subdivision 2.  The report 
 19.14  required by this subdivision is not required of a family child 
 19.15  care or group family child care facility, for prekindergarten 
 19.16  children enrolled in any elementary or secondary school provided 
 19.17  services according to sections 125A.05 and 125A.06 section 
 19.18  125A.03, nor for child care facilities in which at least 75 
 19.19  percent of children in the facility participate on a one-time 
 19.20  only or occasional basis to a maximum of 45 hours per child, per 
 19.21  month.  
 19.22     Sec. 5.  Minnesota Statutes 1998, section 121A.15, 
 19.23  subdivision 9, is amended to read: 
 19.24     Subd. 9.  [DEFINITIONS.] As used in this section the 
 19.25  following terms have the meanings given them. 
 19.26     (a) "Elementary or secondary school" includes any public 
 19.27  school as defined in section 120A.05, subdivisions 9, 11, 13, 
 19.28  and 17, or nonpublic school, church, or religious organization, 
 19.29  or home school in which a child is provided instruction in 
 19.30  compliance with sections 120A.22 and 120A.24. 
 19.31     (b) "Person enrolled in any elementary or secondary school" 
 19.32  means a person born after 1956 and enrolled in grades 
 19.33  kindergarten through 12, and a child with a disability receiving 
 19.34  special instruction and services as required in sections section 
 19.35  125A.03 to 125A.24 and 125A.65, excluding a child being provided 
 19.36  services according to section 125A.05, paragraph (c), or 
 20.1   125A.06, paragraph (d) paragraph (a), clauses (3) and (7).  
 20.2      (c) "Child care facility" includes those child care 
 20.3   programs subject to licensure under chapter 245A, and Minnesota 
 20.4   Rules, chapters 9502 and 9503. 
 20.5      (d) "Family child care" means child care for no more than 
 20.6   ten children at one time of which no more than six are under 
 20.7   school age.  The licensed capacity must include all children of 
 20.8   any caregiver when the children are present in the residence. 
 20.9      (e) "Group family child care" means child care for no more 
 20.10  than 14 children at any one time.  The total number of children 
 20.11  includes all children of any caregiver when the children are 
 20.12  present in the residence. 
 20.13     Sec. 6.  Minnesota Statutes 1998, section 121A.15, 
 20.14  subdivision 10, is amended to read: 
 20.15     Subd. 10.  [REQUIREMENTS FOR IMMUNIZATION STATEMENTS.] (a) 
 20.16  A statement required to be submitted under subdivisions 1, 2, 
 20.17  and 4 to document evidence of immunization shall include month, 
 20.18  day, and year for immunizations administered after January 1, 
 20.19  1990.  
 20.20     (a) For persons enrolled in grades 7 and 12 during the 
 20.21  1996-1997 school term, the statement must indicate that the 
 20.22  person has received a dose of tetanus and diphtheria toxoid no 
 20.23  earlier than 11 years of age. 
 20.24     (b) Except as specified in paragraph (e), for persons 
 20.25  enrolled in grades 7, 8, and 12 during the 1997-1998 school 
 20.26  term, the statement must indicate that the person has received a 
 20.27  dose of tetanus and diphtheria toxoid no earlier than 11 years 
 20.28  of age.  
 20.29     (c) (b) Except as specified in paragraph (e) (d), for 
 20.30  persons enrolled in grades 7 through 12 during the 1998-1999 
 20.31  school term and for each year thereafter, the statement must 
 20.32  indicate that the person has received a dose of tetanus and 
 20.33  diphtheria toxoid no earlier than 11 years of age.  
 20.34     (d) (c) For persons enrolled in grades 7 through 12 during 
 20.35  the 1996-1997 school year and for each year thereafter, the 
 20.36  statement must indicate that the person has received at least 
 21.1   two doses of vaccine against measles, mumps, and rubella, given 
 21.2   alone or separately and given not less than one month 
 21.3   apart.  Beginning with the 2001-2002 school year, persons 
 21.4   entering kindergarten must also meet this requirement. 
 21.5      (e) (d) A person who has received at least three doses of 
 21.6   tetanus and diphtheria toxoids, with the most recent dose given 
 21.7   after age six and before age 11, is not required to have 
 21.8   additional immunization against diphtheria and tetanus until ten 
 21.9   years have elapsed from the person's most recent dose of tetanus 
 21.10  and diphtheria toxoid. 
 21.11     (f) (e) The requirement for hepatitis B vaccination shall 
 21.12  apply to persons enrolling in kindergarten beginning with the 
 21.13  2000-2001 school term. 
 21.14     (g) (f) The requirement for hepatitis B vaccination shall 
 21.15  apply to persons enrolling in grade 7 beginning with the 
 21.16  2001-2002 school term. 
 21.17     (g) The requirement for varicella vaccination shall apply 
 21.18  to persons enrolling in a child care facility beginning 
 21.19  September 1, 2002. 
 21.20     Sec. 7.  Minnesota Statutes 1998, section 148B.32, 
 21.21  subdivision 1, is amended to read: 
 21.22     Subdivision 1.  [UNLICENSED PRACTICE PROHIBITED.] After 
 21.23  adoption of rules by the board implementing sections 148B.29 to 
 21.24  148B.39, no individual shall engage in marriage and family 
 21.25  therapy practice unless that individual holds a valid license 
 21.26  issued under sections 148B.29 to 148B.39. 
 21.27     Marriage and family therapists may not be reimbursed under 
 21.28  medical assistance, chapter 256B, except to the extent such care 
 21.29  is reimbursed under section 256B.0625, subdivision 5, or when 
 21.30  marriage and family therapists are employed by a managed care 
 21.31  organization with a contract to provide mental health care to 
 21.32  medical assistance enrollees, and are reimbursed through the 
 21.33  managed care organization. 
 21.34     Sec. 8.  [256.9370] [EMPLOYER-SUBSIDIZED INSURANCE 
 21.35  PROGRAM.] 
 21.36     Subdivision 1.  [ESTABLISHMENT.] (a) Upon federal approval 
 22.1   of all necessary waivers and state plan proposals to obtain 
 22.2   children's health insurance program matching funds under title 
 22.3   XXI of the Social Security Act, the commissioner shall establish 
 22.4   and administer an employer-subsidized insurance program to 
 22.5   subsidize premiums for employer-subsidized health coverage for 
 22.6   eligible families with children. 
 22.7      (b) The commissioner may contract with a business entity or 
 22.8   other private organization to administer the program. 
 22.9      Subd. 2.  [ELIGIBILITY.] Families with children between the 
 22.10  ages of two through 18 who meet the following criteria are 
 22.11  eligible for the program: 
 22.12     (1) the child's family gross income must be greater than 
 22.13  150 percent of the federal poverty guidelines but must not 
 22.14  exceed 200 percent of the federal poverty guidelines; 
 22.15     (2) the child must meet all eligibility criteria for the 
 22.16  MinnesotaCare program, except for the barriers to enrollment 
 22.17  under section 256L.07, subdivision 2; 
 22.18     (3) the child must be ineligible for medical assistance 
 22.19  under chapter 256B; 
 22.20     (4) the child must have access to employer-subsidized 
 22.21  health coverage that is cost effective as negotiated by the 
 22.22  commissioner and the Health Care Financing Administration; and 
 22.23     (5) the child must be uninsured at the time of application. 
 22.24     For the purpose of this section, "employer-subsidized 
 22.25  health coverage" or "employer-subsidized health plan" means 
 22.26  health coverage for which the employer pays at least 50 percent 
 22.27  of the cost of coverage for the employee or dependent or a 
 22.28  higher percentage as specified by the commissioner.  
 22.29     Subd. 3.  [COVERAGE.] (a) Coverage under this program 
 22.30  includes the health care services covered under the eligible 
 22.31  child's employer-subsidized health plan, plus all health care 
 22.32  services reimbursed under chapter 256B.  
 22.33     (b) To be covered under this program, a health care service 
 22.34  must be provided by a health care provider enrolled as a 
 22.35  provider in the medical assistance program. 
 22.36     Subd. 4.  [SUBSIDY.] The commissioner shall subsidize the 
 23.1   employee's share of the employer-subsidized health plan premium 
 23.2   that is attributable to dependent coverage, minus any premium 
 23.3   calculated under subdivision 6.  
 23.4      Subd. 5.  [REIMBURSEMENT TO THE HEALTH CARE PROVIDER.] (a) 
 23.5   Payment for services that are not covered under the 
 23.6   employer-subsidized health plan shall be reimbursed at the same 
 23.7   rate and conditions established for fee-for-service under 
 23.8   medical assistance.  
 23.9      (b) Payment for services covered under the 
 23.10  employer-subsidized health plan shall be reimbursed in 
 23.11  accordance with section 256B.37, subdivision 5a. 
 23.12     (c) The employer-subsidized health plan shall be considered 
 23.13  the primary payer to the extent that the services provided are 
 23.14  covered under the health plan. 
 23.15     Subd. 6.  [PREMIUMS.] Families with children who are 
 23.16  eligible for the program shall pay a premium determined 
 23.17  according to a sliding fee scale established by the commissioner 
 23.18  that is equal to one-half of the sliding fee scale defined in 
 23.19  section 256L.15, subdivision 2.  
 23.20     Subd. 7.  [APPLICATION.] Applicants may apply to the 
 23.21  commissioner, to a local county human services agency that 
 23.22  determines eligibility for the MinnesotaCare program, to the 
 23.23  licensed insurance broker who provides employee benefits to the 
 23.24  applicant's employer or to the employer's human resources 
 23.25  personnel.  The licensed insurance broker or the employer's 
 23.26  human resources personnel shall accept applications and forward 
 23.27  them to the commissioner for processing. 
 23.28     EFFECTIVE DATE:  This section is effective 90 days after 
 23.29  receipt of all necessary federal approval or July 1, 2001, 
 23.30  whichever is later. 
 23.31     Sec. 9.  Minnesota Statutes 1998, section 256.955, 
 23.32  subdivision 2, is amended to read: 
 23.33     Subd. 2.  [DEFINITIONS.] (a) For purposes of this section, 
 23.34  the following definitions apply. 
 23.35     (b) "Health plan" has the meaning provided in section 
 23.36  62Q.01, subdivision 3. 
 24.1      (c) "Health plan company" has the meaning provided in 
 24.2   section 62Q.01, subdivision 4. 
 24.3      (d) "Qualified senior citizen individual" means an 
 24.4   individual age 65 or older who: meets the requirements described 
 24.5   in subdivision 2a. 
 24.6      (1) is eligible as a qualified Medicare beneficiary 
 24.7   according to section 256B.057, subdivision 3 or 3a, or is 
 24.8   eligible under section 256B.057, subdivision 3 or 3a, and is 
 24.9   also eligible for medical assistance or general assistance 
 24.10  medical care with a spenddown as defined in section 256B.056, 
 24.11  subdivision 5.  Persons who are determined eligible for medical 
 24.12  assistance according to section 256B.0575, who are eligible for 
 24.13  medical assistance or general assistance medical care without a 
 24.14  spenddown, or who are enrolled in MinnesotaCare, are not 
 24.15  eligible for this program; 
 24.16     (2) is not enrolled in prescription drug coverage under a 
 24.17  health plan; 
 24.18     (3) is not enrolled in prescription drug coverage under a 
 24.19  Medicare supplement plan, as defined in sections 62A.31 to 
 24.20  62A.44, or policies, contracts, or certificates that supplement 
 24.21  Medicare issued by health maintenance organizations or those 
 24.22  policies, contracts, or certificates governed by section 1833 or 
 24.23  1876 of the federal Social Security Act, United States Code, 
 24.24  title 42, section 1395, et seq., as amended; 
 24.25     (4) has not had coverage described in clauses (2) and (3) 
 24.26  for at least four months prior to application for the program; 
 24.27  and 
 24.28     (5) is a permanent resident of Minnesota as defined in 
 24.29  section 256L.09. 
 24.30     Sec. 10.  Minnesota Statutes 1998, section 256.955, is 
 24.31  amended by adding a subdivision to read: 
 24.32     Subd. 2a.  [ELIGIBILITY.] (a) To be eligible for the 
 24.33  prescription drug program, an applicant must satisfy the 
 24.34  following requirements: 
 24.35     (1) is at least 65 years of age or older; 
 24.36     (2) has a household income that does not exceed 125 percent 
 25.1   of the federal poverty guidelines for family size using the 
 25.2   income methodologies for the supplemental security income 
 25.3   program; 
 25.4      (3) must not individually own more than $12,000 in assets, 
 25.5   or as a married couple own more than $24,000 in assets using the 
 25.6   asset methodologies for the supplemental security income 
 25.7   program; 
 25.8      (4) is not enrolled in prescription drug coverage under a 
 25.9   health plan; 
 25.10     (5) is not enrolled in prescription drug coverage under a 
 25.11  Medicare supplement plan, as defined in sections 62A.31 to 
 25.12  62A.44, or policies, contracts, or certificates that supplement 
 25.13  Medicare issued by health maintenance organizations or those 
 25.14  policies, contracts, or certificates governed by section 1833 or 
 25.15  1876 of the federal Social Security Act, United States Code, 
 25.16  title 42, section 1395, et seq., as amended; 
 25.17     (6) has not had coverage described in clauses (4) and (5) 
 25.18  for at least four months prior to application for the program; 
 25.19  and 
 25.20     (7) is a permanent resident of Minnesota as defined in 
 25.21  section 256L.09. 
 25.22     (b) Individuals who are determined eligible for medical 
 25.23  assistance according to section 256B.0575, who are eligible for 
 25.24  medical assistance or general assistance medical care without a 
 25.25  spenddown, or who are enrolled in MinnesotaCare, are not 
 25.26  eligible for this program. 
 25.27     Sec. 11.  Minnesota Statutes 1999 Supplement, section 
 25.28  256B.056, subdivision 4, is amended to read: 
 25.29     Subd. 4.  [INCOME.] To be eligible for medical assistance, 
 25.30  a person eligible under section 256B.055, subdivision 7, not 
 25.31  receiving supplemental security income program payments, and 
 25.32  families and children may have an income up to 133-1/3 percent 
 25.33  of the AFDC income standard in effect under the July 16, 1996, 
 25.34  AFDC state plan.  Effective July 1, 2000, the base AFDC standard 
 25.35  in effect on July 16, 1996, shall be increased by three percent. 
 25.36  Effective January 1, 2000, and each successive January, 
 26.1   recipients of supplemental security income may have an income up 
 26.2   to the supplemental security income standard in effect on that 
 26.3   date.  Effective January 1, 2001, the base AFDC standard in 
 26.4   effect on that date shall be increased by a percentage equal to 
 26.5   the percent change in the Consumer Price Index for all urban 
 26.6   consumers for the previous October compared to one year 
 26.7   earlier.  In computing income to determine eligibility of 
 26.8   persons who are not residents of long-term care facilities, the 
 26.9   commissioner shall disregard increases in income as required by 
 26.10  Public Law Numbers 94-566, section 503; 99-272; and 99-509.  
 26.11  Veterans aid and attendance benefits and Veterans Administration 
 26.12  unusual medical expense payments are considered income to the 
 26.13  recipient. 
 26.14     Sec. 12.  Minnesota Statutes 1999 Supplement, section 
 26.15  256B.0625, subdivision 13, is amended to read: 
 26.16     Subd. 13.  [DRUGS.] (a) Medical assistance covers drugs, 
 26.17  except for fertility drugs when specifically used to enhance 
 26.18  fertility, if prescribed by a licensed practitioner and 
 26.19  dispensed by a licensed pharmacist, by a physician enrolled in 
 26.20  the medical assistance program as a dispensing physician, or by 
 26.21  a physician or a nurse practitioner employed by or under 
 26.22  contract with a community health board as defined in section 
 26.23  145A.02, subdivision 5, for the purposes of communicable disease 
 26.24  control.  The commissioner, after receiving recommendations from 
 26.25  professional medical associations and professional pharmacist 
 26.26  associations, shall designate a formulary committee to advise 
 26.27  the commissioner on the names of drugs for which payment is 
 26.28  made, recommend a system for reimbursing providers on a set fee 
 26.29  or charge basis rather than the present system, and develop 
 26.30  methods encouraging use of generic drugs when they are less 
 26.31  expensive and equally effective as trademark drugs.  The 
 26.32  formulary committee shall consist of nine members, four of whom 
 26.33  shall be physicians who are not employed by the department of 
 26.34  human services, and a majority of whose practice is for persons 
 26.35  paying privately or through health insurance, three of whom 
 26.36  shall be pharmacists who are not employed by the department of 
 27.1   human services, and a majority of whose practice is for persons 
 27.2   paying privately or through health insurance, a consumer 
 27.3   representative, and a nursing home representative.  Committee 
 27.4   members shall serve three-year terms and shall serve without 
 27.5   compensation.  Members may be reappointed once.  
 27.6      (b) The commissioner shall establish a drug formulary.  Its 
 27.7   establishment and publication shall not be subject to the 
 27.8   requirements of the Administrative Procedure Act, but the 
 27.9   formulary committee shall review and comment on the formulary 
 27.10  contents.  The formulary committee shall review and recommend 
 27.11  drugs which require prior authorization.  The formulary 
 27.12  committee may recommend drugs for prior authorization directly 
 27.13  to the commissioner, as long as opportunity for public input is 
 27.14  provided.  Prior authorization may be requested by the 
 27.15  commissioner based on medical and clinical criteria before 
 27.16  certain drugs are eligible for payment.  Before a drug may be 
 27.17  considered for prior authorization at the request of the 
 27.18  commissioner:  
 27.19     (1) the drug formulary committee must develop criteria to 
 27.20  be used for identifying drugs; the development of these criteria 
 27.21  is not subject to the requirements of chapter 14, but the 
 27.22  formulary committee shall provide opportunity for public input 
 27.23  in developing criteria; 
 27.24     (2) the drug formulary committee must hold a public forum 
 27.25  and receive public comment for an additional 15 days; and 
 27.26     (3) the commissioner must provide information to the 
 27.27  formulary committee on the impact that placing the drug on prior 
 27.28  authorization will have on the quality of patient care and 
 27.29  information regarding whether the drug is subject to clinical 
 27.30  abuse or misuse.  Prior authorization may be required by the 
 27.31  commissioner before certain formulary drugs are eligible for 
 27.32  payment.  The formulary shall not include:  
 27.33     (i) drugs or products for which there is no federal 
 27.34  funding; 
 27.35     (ii) over-the-counter drugs, except for antacids, 
 27.36  acetaminophen, family planning products, aspirin, insulin, 
 28.1   products for the treatment of lice, vitamins for adults with 
 28.2   documented vitamin deficiencies, vitamins for children under the 
 28.3   age of seven and pregnant or nursing women, and any other 
 28.4   over-the-counter drug identified by the commissioner, in 
 28.5   consultation with the drug formulary committee, as necessary, 
 28.6   appropriate, and cost-effective for the treatment of certain 
 28.7   specified chronic diseases, conditions or disorders, and this 
 28.8   determination shall not be subject to the requirements of 
 28.9   chapter 14; 
 28.10     (iii) anorectics, except that medically necessary 
 28.11  anorectics shall be covered for a recipient previously diagnosed 
 28.12  as having pickwickian syndrome and currently diagnosed as having 
 28.13  diabetes and being morbidly obese; 
 28.14     (iv) drugs for which medical value has not been 
 28.15  established; and 
 28.16     (v) drugs from manufacturers who have not signed a rebate 
 28.17  agreement with the Department of Health and Human Services 
 28.18  pursuant to section 1927 of title XIX of the Social Security Act.
 28.19     The commissioner shall publish conditions for prohibiting 
 28.20  payment for specific drugs after considering the formulary 
 28.21  committee's recommendations.  
 28.22     (c) The basis for determining the amount of payment shall 
 28.23  be the lower of the actual acquisition costs of the drugs plus a 
 28.24  fixed dispensing fee; the maximum allowable cost set by the 
 28.25  federal government or by the commissioner plus the fixed 
 28.26  dispensing fee; or the usual and customary price charged to the 
 28.27  public.  The pharmacy dispensing fee shall be $4.65 for 
 28.28  independent pharmacies that are the only pharmacy located within 
 28.29  a United States postal zip code area in Minnesota and $3.65 for 
 28.30  all other pharmacies.  Actual acquisition cost includes quantity 
 28.31  and other special discounts except time and cash discounts.  The 
 28.32  actual acquisition cost of a drug shall be estimated by the 
 28.33  commissioner, at average wholesale price minus nine percent.  
 28.34  The maximum allowable cost of a multisource drug may be set by 
 28.35  the commissioner and it shall be comparable to, but no higher 
 28.36  than, the maximum amount paid by other third-party payors in 
 29.1   this state who have maximum allowable cost programs.  The 
 29.2   commissioner shall set maximum allowable costs for multisource 
 29.3   drugs that are not on the federal upper limit list as described 
 29.4   in United States Code, title 42, chapter 7, section 1396r-8(e), 
 29.5   the Social Security Act, and Code of Federal Regulations, title 
 29.6   42, part 447, section 447.332.  Establishment of the amount of 
 29.7   payment for drugs shall not be subject to the requirements of 
 29.8   the Administrative Procedure Act.  An additional dispensing fee 
 29.9   of $.30 may be added to the dispensing fee paid to pharmacists 
 29.10  for legend drug prescriptions dispensed to residents of 
 29.11  long-term care facilities when a unit dose blister card system, 
 29.12  approved by the department, is used.  Under this type of 
 29.13  dispensing system, the pharmacist must dispense a 30-day supply 
 29.14  of drug.  The National Drug Code (NDC) from the drug container 
 29.15  used to fill the blister card must be identified on the claim to 
 29.16  the department.  The unit dose blister card containing the drug 
 29.17  must meet the packaging standards set forth in Minnesota Rules, 
 29.18  part 6800.2700, that govern the return of unused drugs to the 
 29.19  pharmacy for reuse.  The pharmacy provider will be required to 
 29.20  credit the department for the actual acquisition cost of all 
 29.21  unused drugs that are eligible for reuse.  Over-the-counter 
 29.22  medications must be dispensed in the manufacturer's unopened 
 29.23  package.  The commissioner may permit the drug clozapine to be 
 29.24  dispensed in a quantity that is less than a 30-day supply.  
 29.25  Whenever a generically equivalent product is available, payment 
 29.26  shall be on the basis of the actual acquisition cost of the 
 29.27  generic drug, unless the prescriber specifically indicates 
 29.28  "dispense as written - brand necessary" on the prescription as 
 29.29  required by section 151.21, subdivision 2. 
 29.30     (d) For purposes of this subdivision, "multisource drugs" 
 29.31  means covered outpatient drugs, excluding innovator multisource 
 29.32  drugs for which there are two or more drug products, which: 
 29.33     (1) are related as therapeutically equivalent under the 
 29.34  Food and Drug Administration's most recent publication of 
 29.35  "Approved Drug Products with Therapeutic Equivalence 
 29.36  Evaluations"; 
 30.1      (2) are pharmaceutically equivalent and bioequivalent as 
 30.2   determined by the Food and Drug Administration; and 
 30.3      (3) are sold or marketed in Minnesota. 
 30.4   "Innovator multisource drug" means a multisource drug that was 
 30.5   originally marketed under an original new drug application 
 30.6   approved by the Food and Drug Administration. 
 30.7      EFFECTIVE DATE:  This section is effective for 
 30.8   prescriptions dispensed on or after July 1, 2000.  
 30.9      Sec. 13.  Minnesota Statutes 1998, section 256B.0625, is 
 30.10  amended by adding a subdivision to read: 
 30.11     Subd. 41.  [MENTAL HEALTH PROFESSIONAL.] Notwithstanding 
 30.12  Minnesota Rules, part 9505.0175, subpart 28, the definition of a 
 30.13  mental health professional shall include a person who is 
 30.14  qualified as specified in section 245.462, subdivision 18, 
 30.15  clause (5); or 245.4871, subdivision 27, clause (5), for the 
 30.16  purpose of this section and Minnesota Rules, parts 9505.0170 to 
 30.17  9505.0475.  
 30.18     Sec. 14.  Minnesota Statutes 1999 Supplement, section 
 30.19  256B.69, subdivision 5b, is amended to read: 
 30.20     Subd. 5b.  [PROSPECTIVE REIMBURSEMENT RATES.] (a) For 
 30.21  prepaid medical assistance and general assistance medical care 
 30.22  program contract rates set by the commissioner under subdivision 
 30.23  5 and effective on or after January 1, 1998, capitation rates 
 30.24  for nonmetropolitan counties shall on a weighted average be no 
 30.25  less than 88 percent of the capitation rates for metropolitan 
 30.26  counties, excluding Hennepin county.  The commissioner shall 
 30.27  make a pro rata adjustment in capitation rates paid to counties 
 30.28  other than nonmetropolitan counties in order to make this 
 30.29  provision budget neutral.  
 30.30     (b) For prepaid medical assistance program contract rates 
 30.31  set by the commissioner under subdivision 5 and effective on or 
 30.32  after January 1, 2001, capitation rates for nonmetropolitan 
 30.33  counties shall, on a weighted average, be no less than 89 91 
 30.34  percent of the capitation rates for metropolitan counties, 
 30.35  excluding Hennepin county. 
 30.36     Sec. 15.  Minnesota Statutes 1999 Supplement, section 
 31.1   256B.69, subdivision 5c, is amended to read: 
 31.2      Subd. 5c.  [MEDICAL EDUCATION AND RESEARCH FUND.] (a) 
 31.3   Beginning in January 1999 and each year thereafter: 
 31.4      (1) the commissioner of human services shall transfer an 
 31.5   amount equal to the reduction in the prepaid medical assistance 
 31.6   and prepaid general assistance medical care payments resulting 
 31.7   from clause (2), excluding nursing facility and elderly waiver 
 31.8   payments and demonstration projects operating under subdivision 
 31.9   23, to the medical education and research fund established under 
 31.10  section 62J.692; 
 31.11     (2) until January 1, 2002, the county medical assistance 
 31.12  and general assistance medical care capitation base rate prior 
 31.13  to plan specific adjustments shall be reduced five percent for 
 31.14  Hennepin county, 1.5 percent for the remaining metropolitan 
 31.15  counties, and no reduction for nonmetropoitan Minnesota 
 31.16  counties; and after January 1, 2002, the county medical 
 31.17  assistance and general assistance medical care capitation base 
 31.18  rate prior to plan specific adjustments shall be reduced 6.3 
 31.19  percent for Hennepin county, two percent for the remaining 
 31.20  metropolitan counties, and 1.6 percent for nonmetropolitan 
 31.21  Minnesota counties; and 
 31.22     (3) the amount calculated under clause (1) shall not be 
 31.23  adjusted for subsequent changes to the capitation payments for 
 31.24  periods already paid.  
 31.25     (b) This subdivision shall be effective upon approval of a 
 31.26  federal waiver which allows federal financial participation in 
 31.27  the medical education and research fund.  
 31.28     Sec. 16.  Minnesota Statutes 1998, section 256B.69, 
 31.29  subdivision 5d, is amended to read: 
 31.30     Subd. 5d.  [MODIFICATION OF PAYMENT DATES EFFECTIVE JANUARY 
 31.31  1, 2001.] Effective for services rendered on or after January 1, 
 31.32  2001, capitation payments under this section and under section 
 31.33  256D.03 for services provided in the month of June shall be made 
 31.34  no earlier than the first day after the month of service. 
 31.35     Sec. 17.  Minnesota Statutes 1998, section 256L.01, 
 31.36  subdivision 4, is amended to read: 
 32.1      Subd. 4.  [GROSS INDIVIDUAL OR GROSS FAMILY INCOME.] 
 32.2   (a) "Gross individual or gross family income" for farm and 
 32.3   nonfarm self-employed means income calculated using as the 
 32.4   baseline the adjusted gross income reported on the applicant's 
 32.5   federal income tax form for the previous year and adding back in 
 32.6   reported depreciation, carryover loss, and net operating loss 
 32.7   amounts that apply to the business in which the family is 
 32.8   currently engaged.  
 32.9      (b) "Gross individual or gross family income" for farm 
 32.10  self-employed means income calculated using as the baseline the 
 32.11  adjusted gross income reported on the applicant's federal income 
 32.12  tax form for the previous year and adding back in reported 
 32.13  depreciation amounts that apply to the business in which the 
 32.14  family is currently engaged. 
 32.15     (c) Applicants shall report the most recent financial 
 32.16  situation of the family if it has changed from the period of 
 32.17  time covered by the federal income tax form.  The report may be 
 32.18  in the form of percentage increase or decrease. 
 32.19     EFFECTIVE DATE:  This section is effective July 1, 2000, or 
 32.20  upon receipt of federal approval, whichever is later. 
 32.21     Sec. 18.  Minnesota Statutes 1998, section 256L.04, 
 32.22  subdivision 7, is amended to read: 
 32.23     Subd. 7.  [SINGLE ADULTS AND HOUSEHOLDS WITH NO CHILDREN.] 
 32.24  (a) The definition of eligible persons includes all individuals 
 32.25  and households with no children who have gross family incomes 
 32.26  that are equal to or less than 175 percent of the federal 
 32.27  poverty guidelines. 
 32.28     (b) An individual who: 
 32.29     (1) is at least 18 years of age and no older than 23 years 
 32.30  of age; 
 32.31     (2) resides with a parent; and 
 32.32     (3) is a full-time student or employed on a full-time basis 
 32.33  is eligible for MinnesotaCare as a single adult under this 
 32.34  subdivision.  
 32.35  Only the income of the individual shall be considered when 
 32.36  determining eligibility. 
 33.1      EFFECTIVE DATE:  This section is effective January 1, 2001, 
 33.2   or upon federal approval, whichever is later. 
 33.3      Sec. 19.  Minnesota Statutes 1999 Supplement, section 
 33.4   256L.07, subdivision 3, is amended to read: 
 33.5      Subd. 3.  [OTHER HEALTH COVERAGE.] (a) Families and 
 33.6   individuals enrolled in the MinnesotaCare program must have no 
 33.7   health coverage while enrolled or for at least four months prior 
 33.8   to application and renewal.  Children enrolled in the original 
 33.9   children's health plan and children in families with income 
 33.10  equal to or less than 150 percent of the federal poverty 
 33.11  guidelines, who have other health insurance, are eligible if the 
 33.12  coverage: 
 33.13     (1) lacks two or more of the following: 
 33.14     (i) basic hospital insurance; 
 33.15     (ii) medical-surgical insurance; 
 33.16     (iii) prescription drug coverage; 
 33.17     (iv) dental coverage; or 
 33.18     (v) vision coverage; 
 33.19     (2) requires a deductible of $100 or more per person per 
 33.20  year; or 
 33.21     (3) lacks coverage because the child has exceeded the 
 33.22  maximum coverage for a particular diagnosis or the policy 
 33.23  excludes a particular diagnosis. 
 33.24     The commissioner may change this eligibility criterion for 
 33.25  sliding scale premiums in order to remain within the limits of 
 33.26  available appropriations.  The requirement of no health coverage 
 33.27  does not apply to newborns. 
 33.28     (b) Medical assistance, general assistance medical care, 
 33.29  and civilian health and medical program of the uniformed 
 33.30  service, CHAMPUS, are not considered insurance or health 
 33.31  coverage for purposes of the four-month requirement described in 
 33.32  this subdivision. 
 33.33     (c) For purposes of this subdivision, Medicare Part A or B 
 33.34  coverage under title XVIII of the Social Security Act, United 
 33.35  States Code, title 42, sections 1395c to 1395w-4, is considered 
 33.36  health coverage.  An applicant or enrollee may not refuse 
 34.1   Medicare coverage to establish eligibility for MinnesotaCare. 
 34.2      (d) Applicants who were recipients of medical assistance or 
 34.3   general assistance medical care within one month of application 
 34.4   must meet the provisions of this subdivision and subdivision 2. 
 34.5      (e) Individuals who lose their employment and their 
 34.6   employer-subsidized health insurance at a nursing facility as 
 34.7   the result of a closure approved under section 256B.436, are 
 34.8   exempt from the four-month time period established in paragraph 
 34.9   (a). 
 34.10     EFFECTIVE DATE:  This section is effective the day 
 34.11  following final enactment. 
 34.12     Sec. 20.  [APPLICATION FORM FOR THE PRESCRIPTION DRUG 
 34.13  PROGRAM.] 
 34.14     The commissioner of human services shall develop an 
 34.15  application form for the prescription drug program that does not 
 34.16  exceed one page in length, and which: 
 34.17     (1) allows the use of information from an applicant's state 
 34.18  income tax form to determine eligibility; and 
 34.19     (2) requests information on monthly medical expenses and 
 34.20  assets to determine potential eligibility for medical assistance 
 34.21  or general assistance medical care.  The commissioner shall make 
 34.22  this form available to applicants by January 1, 2001. 
 34.23     Sec. 21.  [NOTICE TO EMPLOYEES.] 
 34.24     Prior to closure of a nursing facility under Minnesota 
 34.25  Statutes, section 256B.436, the nursing facility shall provide 
 34.26  each person scheduled to lose employment and employer-subsidized 
 34.27  health insurance as a result of the closure with: 
 34.28     (1) a notice regarding the provisions of section 256L.07, 
 34.29  subdivision 3, paragraph (e); 
 34.30     (2) a letter stating that the person is losing employment 
 34.31  as the result of a closure under an approved plan under 
 34.32  Minnesota Statutes, section 256B.436; and 
 34.33     (3) a notice that providing a copy of the letter with the 
 34.34  MinnesotaCare application will expedite enrollment in 
 34.35  MinnesotaCare. 
 34.36     EFFECTIVE DATE:  This section is effective the day 
 35.1   following final enactment. 
 35.2      Sec. 22.  [INSTRUCTION TO REVISOR.] 
 35.3      The revisor of statutes shall change the phrase "senior 
 35.4   citizen drug program" wherever it appears in the next edition of 
 35.5   Minnesota Statutes and Minnesota Rules to "prescription drug 
 35.6   program." 
 35.7                              ARTICLE 3
 35.8                            LONG-TERM CARE
 35.9      Section 1.  Minnesota Statutes 1998, section 144A.071, 
 35.10  subdivision 4a, is amended to read: 
 35.11     Subd. 4a.  [EXCEPTIONS FOR REPLACEMENT BEDS.] It is in the 
 35.12  best interest of the state to ensure that nursing homes and 
 35.13  boarding care homes continue to meet the physical plant 
 35.14  licensing and certification requirements by permitting certain 
 35.15  construction projects.  Facilities should be maintained in 
 35.16  condition to satisfy the physical and emotional needs of 
 35.17  residents while allowing the state to maintain control over 
 35.18  nursing home expenditure growth. 
 35.19     The commissioner of health in coordination with the 
 35.20  commissioner of human services, may approve the renovation, 
 35.21  replacement, upgrading, or relocation of a nursing home or 
 35.22  boarding care home, under the following conditions: 
 35.23     (a) to license or certify beds in a new facility 
 35.24  constructed to replace a facility or to make repairs in an 
 35.25  existing facility that was destroyed or damaged after June 30, 
 35.26  1987, by fire, lightning, or other hazard provided:  
 35.27     (i) destruction was not caused by the intentional act of or 
 35.28  at the direction of a controlling person of the facility; 
 35.29     (ii) at the time the facility was destroyed or damaged the 
 35.30  controlling persons of the facility maintained insurance 
 35.31  coverage for the type of hazard that occurred in an amount that 
 35.32  a reasonable person would conclude was adequate; 
 35.33     (iii) the net proceeds from an insurance settlement for the 
 35.34  damages caused by the hazard are applied to the cost of the new 
 35.35  facility or repairs; 
 35.36     (iv) the new facility is constructed on the same site as 
 36.1   the destroyed facility or on another site subject to the 
 36.2   restrictions in section 144A.073, subdivision 5; 
 36.3      (v) the number of licensed and certified beds in the new 
 36.4   facility does not exceed the number of licensed and certified 
 36.5   beds in the destroyed facility; and 
 36.6      (vi) the commissioner determines that the replacement beds 
 36.7   are needed to prevent an inadequate supply of beds. 
 36.8   Project construction costs incurred for repairs authorized under 
 36.9   this clause shall not be considered in the dollar threshold 
 36.10  amount defined in subdivision 2; 
 36.11     (b) to license or certify beds that are moved from one 
 36.12  location to another within a nursing home facility, provided the 
 36.13  total costs of remodeling performed in conjunction with the 
 36.14  relocation of beds does not exceed $750,000; 
 36.15     (c) to license or certify beds in a project recommended for 
 36.16  approval under section 144A.073; 
 36.17     (d) to license or certify beds that are moved from an 
 36.18  existing state nursing home to a different state facility, 
 36.19  provided there is no net increase in the number of state nursing 
 36.20  home beds; 
 36.21     (e) to certify and license as nursing home beds boarding 
 36.22  care beds in a certified boarding care facility if the beds meet 
 36.23  the standards for nursing home licensure, or in a facility that 
 36.24  was granted an exception to the moratorium under section 
 36.25  144A.073, and if the cost of any remodeling of the facility does 
 36.26  not exceed $750,000.  If boarding care beds are licensed as 
 36.27  nursing home beds, the number of boarding care beds in the 
 36.28  facility must not increase beyond the number remaining at the 
 36.29  time of the upgrade in licensure.  The provisions contained in 
 36.30  section 144A.073 regarding the upgrading of the facilities do 
 36.31  not apply to facilities that satisfy these requirements; 
 36.32     (f) to license and certify up to 40 beds transferred from 
 36.33  an existing facility owned and operated by the Amherst H. Wilder 
 36.34  Foundation in the city of St. Paul to a new unit at the same 
 36.35  location as the existing facility that will serve persons with 
 36.36  Alzheimer's disease and other related disorders.  The transfer 
 37.1   of beds may occur gradually or in stages, provided the total 
 37.2   number of beds transferred does not exceed 40.  At the time of 
 37.3   licensure and certification of a bed or beds in the new unit, 
 37.4   the commissioner of health shall delicense and decertify the 
 37.5   same number of beds in the existing facility.  As a condition of 
 37.6   receiving a license or certification under this clause, the 
 37.7   facility must make a written commitment to the commissioner of 
 37.8   human services that it will not seek to receive an increase in 
 37.9   its property-related payment rate as a result of the transfers 
 37.10  allowed under this paragraph; 
 37.11     (g) to license and certify nursing home beds to replace 
 37.12  currently licensed and certified boarding care beds which may be 
 37.13  located either in a remodeled or renovated boarding care or 
 37.14  nursing home facility or in a remodeled, renovated, newly 
 37.15  constructed, or replacement nursing home facility within the 
 37.16  identifiable complex of health care facilities in which the 
 37.17  currently licensed boarding care beds are presently located, 
 37.18  provided that the number of boarding care beds in the facility 
 37.19  or complex are decreased by the number to be licensed as nursing 
 37.20  home beds and further provided that, if the total costs of new 
 37.21  construction, replacement, remodeling, or renovation exceed ten 
 37.22  percent of the appraised value of the facility or $200,000, 
 37.23  whichever is less, the facility makes a written commitment to 
 37.24  the commissioner of human services that it will not seek to 
 37.25  receive an increase in its property-related payment rate by 
 37.26  reason of the new construction, replacement, remodeling, or 
 37.27  renovation.  The provisions contained in section 144A.073 
 37.28  regarding the upgrading of facilities do not apply to facilities 
 37.29  that satisfy these requirements; 
 37.30     (h) to license as a nursing home and certify as a nursing 
 37.31  facility a facility that is licensed as a boarding care facility 
 37.32  but not certified under the medical assistance program, but only 
 37.33  if the commissioner of human services certifies to the 
 37.34  commissioner of health that licensing the facility as a nursing 
 37.35  home and certifying the facility as a nursing facility will 
 37.36  result in a net annual savings to the state general fund of 
 38.1   $200,000 or more; 
 38.2      (i) to certify, after September 30, 1992, and prior to July 
 38.3   1, 1993, existing nursing home beds in a facility that was 
 38.4   licensed and in operation prior to January 1, 1992; 
 38.5      (j) to license and certify new nursing home beds to replace 
 38.6   beds in a facility acquired by the Minneapolis community 
 38.7   development agency as part of redevelopment activities in a city 
 38.8   of the first class, provided the new facility is located within 
 38.9   three miles of the site of the old facility.  Operating and 
 38.10  property costs for the new facility must be determined and 
 38.11  allowed under section 256B.431 or 256B.434; 
 38.12     (k) to license and certify up to 20 new nursing home beds 
 38.13  in a community-operated hospital and attached convalescent and 
 38.14  nursing care facility with 40 beds on April 21, 1991, that 
 38.15  suspended operation of the hospital in April 1986.  The 
 38.16  commissioner of human services shall provide the facility with 
 38.17  the same per diem property-related payment rate for each 
 38.18  additional licensed and certified bed as it will receive for its 
 38.19  existing 40 beds; 
 38.20     (l) to license or certify beds in renovation, replacement, 
 38.21  or upgrading projects as defined in section 144A.073, 
 38.22  subdivision 1, so long as the cumulative total costs of the 
 38.23  facility's remodeling projects do not exceed $750,000; 
 38.24     (m) to license and certify beds that are moved from one 
 38.25  location to another for the purposes of converting up to five 
 38.26  four-bed wards to single or double occupancy rooms in a nursing 
 38.27  home that, as of January 1, 1993, was county-owned and had a 
 38.28  licensed capacity of 115 beds; 
 38.29     (n) to allow a facility that on April 16, 1993, was a 
 38.30  106-bed licensed and certified nursing facility located in 
 38.31  Minneapolis to layaway all of its licensed and certified nursing 
 38.32  home beds.  These beds may be relicensed and recertified in a 
 38.33  newly-constructed teaching nursing home facility affiliated with 
 38.34  a teaching hospital upon approval by the legislature.  The 
 38.35  proposal must be developed in consultation with the interagency 
 38.36  committee on long-term care planning.  The beds on layaway 
 39.1   status shall have the same status as voluntarily delicensed and 
 39.2   decertified beds, except that beds on layaway status remain 
 39.3   subject to the surcharge in section 256.9657.  This layaway 
 39.4   provision expires July 1, 1998; 
 39.5      (o) to allow a project which will be completed in 
 39.6   conjunction with an approved moratorium exception project for a 
 39.7   nursing home in southern Cass county and which is directly 
 39.8   related to that portion of the facility that must be repaired, 
 39.9   renovated, or replaced, to correct an emergency plumbing problem 
 39.10  for which a state correction order has been issued and which 
 39.11  must be corrected by August 31, 1993; 
 39.12     (p) to allow a facility that on April 16, 1993, was a 
 39.13  368-bed licensed and certified nursing facility located in 
 39.14  Minneapolis to layaway, upon 30 days prior written notice to the 
 39.15  commissioner, up to 30 of the facility's licensed and certified 
 39.16  beds by converting three-bed wards to single or double 
 39.17  occupancy.  Beds on layaway status shall have the same status as 
 39.18  voluntarily delicensed and decertified beds except that beds on 
 39.19  layaway status remain subject to the surcharge in section 
 39.20  256.9657, remain subject to the license application and renewal 
 39.21  fees under section 144A.07 and shall be subject to a $100 per 
 39.22  bed reactivation fee.  In addition, at any time within three 
 39.23  years of the effective date of the layaway, the beds on layaway 
 39.24  status may be: 
 39.25     (1) relicensed and recertified upon relocation and 
 39.26  reactivation of some or all of the beds to an existing licensed 
 39.27  and certified facility or facilities located in Pine River, 
 39.28  Brainerd, or International Falls; provided that the total 
 39.29  project construction costs related to the relocation of beds 
 39.30  from layaway status for any facility receiving relocated beds 
 39.31  may not exceed the dollar threshold provided in subdivision 2 
 39.32  unless the construction project has been approved through the 
 39.33  moratorium exception process under section 144A.073; 
 39.34     (2) relicensed and recertified, upon reactivation of some 
 39.35  or all of the beds within the facility which placed the beds in 
 39.36  layaway status, if the commissioner has determined a need for 
 40.1   the reactivation of the beds on layaway status. 
 40.2      The property-related payment rate of a facility placing 
 40.3   beds on layaway status must be adjusted by the incremental 
 40.4   change in its rental per diem after recalculating the rental per 
 40.5   diem as provided in section 256B.431, subdivision 3a, paragraph 
 40.6   (d).  The property-related payment rate for a facility 
 40.7   relicensing and recertifying beds from layaway status must be 
 40.8   adjusted by the incremental change in its rental per diem after 
 40.9   recalculating its rental per diem using the number of beds after 
 40.10  the relicensing to establish the facility's capacity day 
 40.11  divisor, which shall be effective the first day of the month 
 40.12  following the month in which the relicensing and recertification 
 40.13  became effective.  Any beds remaining on layaway status more 
 40.14  than three years after the date the layaway status became 
 40.15  effective must be removed from layaway status and immediately 
 40.16  delicensed and decertified; 
 40.17     (q) to license and certify beds in a renovation and 
 40.18  remodeling project to convert 12 four-bed wards into 24 two-bed 
 40.19  rooms, expand space, and add improvements in a nursing home 
 40.20  that, as of January 1, 1994, met the following conditions:  the 
 40.21  nursing home was located in Ramsey county; had a licensed 
 40.22  capacity of 154 beds; and had been ranked among the top 15 
 40.23  applicants by the 1993 moratorium exceptions advisory review 
 40.24  panel.  The total project construction cost estimate for this 
 40.25  project must not exceed the cost estimate submitted in 
 40.26  connection with the 1993 moratorium exception process; 
 40.27     (r) to license and certify up to 117 beds that are 
 40.28  relocated from a licensed and certified 138-bed nursing facility 
 40.29  located in St. Paul to a hospital with 130 licensed hospital 
 40.30  beds located in South St. Paul, provided that the nursing 
 40.31  facility and hospital are owned by the same or a related 
 40.32  organization and that prior to the date the relocation is 
 40.33  completed the hospital ceases operation of its inpatient 
 40.34  hospital services at that hospital.  After relocation, the 
 40.35  nursing facility's status under section 256B.431, subdivision 
 40.36  2j, shall be the same as it was prior to relocation.  The 
 41.1   nursing facility's property-related payment rate resulting from 
 41.2   the project authorized in this paragraph shall become effective 
 41.3   no earlier than April 1, 1996.  For purposes of calculating the 
 41.4   incremental change in the facility's rental per diem resulting 
 41.5   from this project, the allowable appraised value of the nursing 
 41.6   facility portion of the existing health care facility physical 
 41.7   plant prior to the renovation and relocation may not exceed 
 41.8   $2,490,000; 
 41.9      (s) to license and certify two beds in a facility to 
 41.10  replace beds that were voluntarily delicensed and decertified on 
 41.11  June 28, 1991; 
 41.12     (t) to allow 16 licensed and certified beds located on July 
 41.13  1, 1994, in a 142-bed nursing home and 21-bed boarding care home 
 41.14  facility in Minneapolis, notwithstanding the licensure and 
 41.15  certification after July 1, 1995, of the Minneapolis facility as 
 41.16  a 147-bed nursing home facility after completion of a 
 41.17  construction project approved in 1993 under section 144A.073, to 
 41.18  be laid away upon 30 days' prior written notice to the 
 41.19  commissioner.  Beds on layaway status shall have the same status 
 41.20  as voluntarily delicensed or decertified beds except that they 
 41.21  shall remain subject to the surcharge in section 256.9657.  The 
 41.22  16 beds on layaway status may be relicensed as nursing home beds 
 41.23  and recertified at any time within five years of the effective 
 41.24  date of the layaway upon relocation of some or all of the beds 
 41.25  to a licensed and certified facility located in Watertown, 
 41.26  provided that the total project construction costs related to 
 41.27  the relocation of beds from layaway status for the Watertown 
 41.28  facility may not exceed the dollar threshold provided in 
 41.29  subdivision 2 unless the construction project has been approved 
 41.30  through the moratorium exception process under section 144A.073. 
 41.31     The property-related payment rate of the facility placing 
 41.32  beds on layaway status must be adjusted by the incremental 
 41.33  change in its rental per diem after recalculating the rental per 
 41.34  diem as provided in section 256B.431, subdivision 3a, paragraph 
 41.35  (d).  The property-related payment rate for the facility 
 41.36  relicensing and recertifying beds from layaway status must be 
 42.1   adjusted by the incremental change in its rental per diem after 
 42.2   recalculating its rental per diem using the number of beds after 
 42.3   the relicensing to establish the facility's capacity day 
 42.4   divisor, which shall be effective the first day of the month 
 42.5   following the month in which the relicensing and recertification 
 42.6   became effective.  Any beds remaining on layaway status more 
 42.7   than five years after the date the layaway status became 
 42.8   effective must be removed from layaway status and immediately 
 42.9   delicensed and decertified; 
 42.10     (u) to license and certify beds that are moved within an 
 42.11  existing area of a facility or to a newly constructed addition 
 42.12  which is built for the purpose of eliminating three- and 
 42.13  four-bed rooms and adding space for dining, lounge areas, 
 42.14  bathing rooms, and ancillary service areas in a nursing home 
 42.15  that, as of January 1, 1995, was located in Fridley and had a 
 42.16  licensed capacity of 129 beds; 
 42.17     (v) to relocate 36 beds in Crow Wing county and four beds 
 42.18  from Hennepin county to a 160-bed facility in Crow Wing county, 
 42.19  provided all the affected beds are under common ownership; 
 42.20     (w) to license and certify a total replacement project of 
 42.21  up to 49 beds located in Norman county that are relocated from a 
 42.22  nursing home destroyed by flood and whose residents were 
 42.23  relocated to other nursing homes.  The operating cost payment 
 42.24  rates for the new nursing facility shall be determined based on 
 42.25  the interim and settle-up payment provisions of Minnesota Rules, 
 42.26  part 9549.0057, and the reimbursement provisions of section 
 42.27  256B.431, except that subdivision 26, paragraphs (a) and (b), 
 42.28  shall not apply until the second rate year after the settle-up 
 42.29  cost report is filed.  Property-related reimbursement rates 
 42.30  shall be determined under section 256B.431, taking into account 
 42.31  any federal or state flood-related loans or grants provided to 
 42.32  the facility; 
 42.33     (x) to license and certify a total replacement project of 
 42.34  up to 129 beds located in Polk county that are relocated from a 
 42.35  nursing home destroyed by flood and whose residents were 
 42.36  relocated to other nursing homes.  The operating cost payment 
 43.1   rates for the new nursing facility shall be determined based on 
 43.2   the interim and settle-up payment provisions of Minnesota Rules, 
 43.3   part 9549.0057, and the reimbursement provisions of section 
 43.4   256B.431, except that subdivision 26, paragraphs (a) and (b), 
 43.5   shall not apply until the second rate year after the settle-up 
 43.6   cost report is filed.  Property-related reimbursement rates 
 43.7   shall be determined under section 256B.431, taking into account 
 43.8   any federal or state flood-related loans or grants provided to 
 43.9   the facility; 
 43.10     (y) to license and certify beds in a renovation and 
 43.11  remodeling project to convert 13 three-bed wards into 13 two-bed 
 43.12  rooms and 13 single-bed rooms, expand space, and add 
 43.13  improvements in a nursing home that, as of January 1, 1994, met 
 43.14  the following conditions:  the nursing home was located in 
 43.15  Ramsey county, was not owned by a hospital corporation, had a 
 43.16  licensed capacity of 64 beds, and had been ranked among the top 
 43.17  15 applicants by the 1993 moratorium exceptions advisory review 
 43.18  panel.  The total project construction cost estimate for this 
 43.19  project must not exceed the cost estimate submitted in 
 43.20  connection with the 1993 moratorium exception process; 
 43.21     (z) to license and certify up to 150 nursing home beds to 
 43.22  replace an existing 285 bed nursing facility located in St. 
 43.23  Paul.  The replacement project shall include both the renovation 
 43.24  of existing buildings and the construction of new facilities at 
 43.25  the existing site.  The reduction in the licensed capacity of 
 43.26  the existing facility shall occur during the construction 
 43.27  project as beds are taken out of service due to the construction 
 43.28  process.  Prior to the start of the construction process, the 
 43.29  facility shall provide written information to the commissioner 
 43.30  of health describing the process for bed reduction, plans for 
 43.31  the relocation of residents, and the estimated construction 
 43.32  schedule.  The relocation of residents shall be in accordance 
 43.33  with the provisions of law and rule; or 
 43.34     (aa) to allow the commissioner of human services to license 
 43.35  an additional 36 beds to provide residential services for the 
 43.36  physically handicapped under Minnesota Rules, parts 9570.2000 to 
 44.1   9570.3400, in a 198-bed nursing home located in Red Wing, 
 44.2   provided that the total number of licensed and certified beds at 
 44.3   the facility does not increase; 
 44.4      (bb) to license and certify a new facility in St. Louis 
 44.5   county with 44 beds constructed to replace an existing facility 
 44.6   in St. Louis county with 31 beds, which has resident rooms on 
 44.7   two separate floors and an antiquated elevator that creates 
 44.8   safety concerns for residents and prevents nonambulatory 
 44.9   residents from residing on the second floor.  The project shall 
 44.10  include the elimination of three- and four-bed rooms; 
 44.11     (cc) to license and certify four beds in a 16-bed certified 
 44.12  boarding care home in Minneapolis to replace beds that were 
 44.13  voluntarily delicensed and decertified on or before March 31, 
 44.14  1992.  The licensure and certification is conditional upon the 
 44.15  facility periodically assessing and adjusting its resident mix 
 44.16  and other factors which may contribute to a potential 
 44.17  institution for mental disease declaration.  The commissioner of 
 44.18  human services shall retain the authority to audit the facility 
 44.19  at any time and shall require the facility to comply with any 
 44.20  requirements necessary to prevent an institution for mental 
 44.21  disease declaration, including delicensure and decertification 
 44.22  of beds, if necessary; or 
 44.23     (dd) to license and certify 72 beds in an existing facility 
 44.24  in Mille Lacs county with 80 beds as part of a renovation 
 44.25  project.  The renovation must include construction of an 
 44.26  addition to accommodate ten residents with beginning and 
 44.27  midstage dementia in a self-contained living unit; creation of 
 44.28  three resident households where dining, activities, and support 
 44.29  spaces are located near resident living quarters; designation of 
 44.30  four beds for rehabilitation in a self-contained area; 
 44.31  designation of 30 private rooms; and other improvements. 
 44.32     Sec. 2.  Minnesota Statutes 1998, section 144A.071, is 
 44.33  amended by adding a subdivision to read: 
 44.34     Subd. 4b.  [LICENSED BEDS ON LAYAWAY STATUS.] A licensed 
 44.35  and certified nursing facility may lay away, upon prior written 
 44.36  notice to the commissioners of health and human services, up to 
 45.1   50 percent of its licensed and certified beds.  A nursing 
 45.2   facility may not discharge a resident in order to lay away a 
 45.3   bed.  Notice to the commissioners shall be given 60 days prior 
 45.4   to the effective date of the layaway.  Beds on layaway shall 
 45.5   have the same status as voluntarily delicensed and decertified 
 45.6   beds and shall not be subject to license fees and license 
 45.7   surcharge fees.  In addition, beds on layaway status may be 
 45.8   relicensed and recertified at any time on or after one year 
 45.9   after the effective date of layaway in the facility of origin, 
 45.10  with a 60-day notice to the commissioner of health.  A nursing 
 45.11  facility that relicenses and recertifies beds placed on layaway 
 45.12  may not place beds on layaway status for one year after the 
 45.13  effective date of the relicensure and recertification.  Beds may 
 45.14  remain on layaway status for up to five years. 
 45.15     Sec. 3.  Minnesota Statutes 1998, section 252.28, is 
 45.16  amended by adding a subdivision to read: 
 45.17     Subd. 3b.  [OLMSTED COUNTY LICENSING EXEMPTION.] (a) 
 45.18  Notwithstanding subdivision 3, the commissioner may license 
 45.19  service sites each accommodating up to five residents moving 
 45.20  from a 43-bed intermediate care facility for persons with mental 
 45.21  retardation or related conditions located in Olmsted county that 
 45.22  is closing under section 252.292. 
 45.23     (b) Notwithstanding the provisions of any other state law 
 45.24  or administrative rule, the rate provisions of section 256I.05, 
 45.25  subdivision 1, apply to the exception in this subdivision. 
 45.26     Sec. 4.  Minnesota Statutes 1998, section 256.9751, is 
 45.27  amended to read: 
 45.28     256.9751 [CONGREGATE HOUSING ON-SITE COORDINATION (OSC) 
 45.29  SERVICES PROJECTS.] 
 45.30     Subdivision 1.  [DEFINITIONS.] For the purposes of this 
 45.31  section, the following terms have the meanings given them.  
 45.32     (a)  [CONGREGATE HOUSING.] "Congregate housing" means 
 45.33  federally or locally subsidized housing and nonsubsidized low- 
 45.34  and moderate-income multifamily housing units which may not have 
 45.35  common areas for activities and for serving food, designed for 
 45.36  the elderly, consisting of private apartments and common areas 
 46.1   which can be used for activities and for serving meals. 
 46.2      (b)  [CONGREGATE HOUSING ON-SITE COORDINATION SERVICES 
 46.3   PROJECTS.] "Congregate housing On-site coordination services 
 46.4   project" means a project in which services are or could be made 
 46.5   available to older persons age 60 or older who live 
 46.6   in subsidized housing a designated service area and which helps 
 46.7   delay or prevent nursing home placement them remain 
 46.8   independent.  To be considered a congregate housing an on-site 
 46.9   coordination services project, a project must have:  (1) an 
 46.10  on-site coordinator, and; (2) a plan for assuring the 
 46.11  availability of one meal per day, seven days a week, for each 
 46.12  elderly participant in need who needs a meal to continue to live 
 46.13  independently; and (3) an approved designated service area.  
 46.14     (c)  [ON-SITE COORDINATOR.] "On-site coordinator" means a 
 46.15  person who works on-site in a building or buildings designated 
 46.16  service area and who serves as a contact for older persons who 
 46.17  need services, support, and assistance in order to delay or 
 46.18  prevent nursing home placement help them remain independent.  
 46.19     (d)  [CONGREGATE HOUSING ON-SITE COORDINATION SERVICES 
 46.20  PROJECT PARTICIPANTS OR PROJECT PARTICIPANTS.] "Congregate 
 46.21  housing On-site coordination services project participants" or 
 46.22  "project participants" means elderly persons 60 60 years old or 
 46.23  older, who are currently residents of, or who are applying for 
 46.24  residence in housing sites, planning to move into a designated 
 46.25  service area and who need support services to remain independent.
 46.26     (e)  [DESIGNATED SERVICE AREA OR DSA.] "Designated service 
 46.27  area" or "DSA" means the congregate housing site or sites, and 
 46.28  surrounding neighborhoods and communities that have a 
 46.29  concentration of persons age 60 or older that is higher than the 
 46.30  state average, in which on-site coordination services will be 
 46.31  provided. 
 46.32     Subd. 3.  [GRANT PROGRAM.] The Minnesota board on aging 
 46.33  commissioner shall establish a congregate housing an on-site 
 46.34  coordination services grant program which that is coordinated 
 46.35  with county government programs and services for elderly persons 
 46.36  and, in counties where they exist, with seniors' agenda for 
 47.1   independent living (SAIL) projects as defined in section 
 47.2   256B.0917, that will enable communities and neighborhoods to 
 47.3   provide on-site coordinators to serve as a contact for older 
 47.4   persons who need services and support, and or need assistance to 
 47.5   access in accessing services, in order to delay or prevent 
 47.6   nursing home placement and remain independent. 
 47.7      Subd. 4.  [USE OF GRANT FUNDS.] Grant funds shall be used 
 47.8   to develop and fund on-site coordinator positions.  Grant funds 
 47.9   shall not be used to duplicate existing funds, to modify 
 47.10  buildings, or to purchase equipment.  
 47.11     Subd. 5.  [GRANT ELIGIBILITY.] A public or nonprofit agency 
 47.12  or housing unit may apply for funds to provide a coordinator for 
 47.13  congregate housing on-site coordination services to an 
 47.14  identified population of frail elderly persons in a subsidized 
 47.15  multiunit apartment building or buildings in a 
 47.16  community designated service area.  The board commissioner shall 
 47.17  give preference to applicants that meet the requirements of this 
 47.18  section, and that have a common dining site in the designated 
 47.19  service area.  A local match may shall be required.  State money 
 47.20  received may also be used to match federal money allocated 
 47.21  for congregate housing on-site coordination services.  Grants 
 47.22  shall be awarded to urban and rural sites. 
 47.23     Subd. 6.  [CRITERIA FOR SELECTION.] The Minnesota board on 
 47.24  aging commissioner shall select projects under this section 
 47.25  according to the following criteria: 
 47.26     (1) the extent to which the proposed project assists older 
 47.27  persons to age-in-place to prevent or delay nursing home 
 47.28  placement; 
 47.29     (2) the extent to which the proposed project identifies the 
 47.30  needs of project participants; 
 47.31     (3) the extent to which the proposed project identifies how 
 47.32  the on-site coordinator will help meet the needs of project 
 47.33  participants; 
 47.34     (4) the extent to which the proposed project plan assures 
 47.35  the availability of one meal a day, seven days a week, for each 
 47.36  elderly participant in need in the designated service area; 
 48.1      (5) the extent to which the proposed project demonstrates 
 48.2   involvement of participants, communities, and family members in 
 48.3   the project; and 
 48.4      (6) the extent to which the proposed project demonstrates 
 48.5   involvement coordination of housing providers community agencies 
 48.6   and public and private service agencies, including area agencies 
 48.7   on aging. 
 48.8   The commissioner shall consult with the county board of the 
 48.9   county in which the project would be implemented, and shall not 
 48.10  select any project without approval of the county board.  A 
 48.11  designated service area with a senior dining program may be 
 48.12  given preference. 
 48.13     Subd. 7.  [GRANT APPLICATIONS.] The Minnesota board on 
 48.14  aging commissioner shall request proposals for grants and award 
 48.15  grants using the criteria in subdivision 6.  Grant applications 
 48.16  shall include: 
 48.17     (1) documentation of the need for congregate on-site 
 48.18  coordination services in the DSA so the residents can remain 
 48.19  independent; 
 48.20     (2) a description of the resources, such as social services 
 48.21  and health services, that will be available in the DSA community 
 48.22  to provide the necessary support services; 
 48.23     (3) a description of the target population, as defined in 
 48.24  subdivision 1, paragraph (d); 
 48.25     (4) a performance plan that includes written performance 
 48.26  objectives, outcomes, timelines, and the procedure the grantee 
 48.27  will use to document and measure success in meeting the 
 48.28  objectives; and 
 48.29     (5) letters of support from appropriate public and private 
 48.30  agencies and organizations, such as area agencies on aging and 
 48.31  county human service departments that demonstrate an intent to 
 48.32  work with collaborate and coordinate with the agency requesting 
 48.33  a grant.  
 48.34     Subd. 8.  [REPORT.] By January 1, 1993, the Minnesota board 
 48.35  on aging shall submit a report to the legislature evaluating the 
 48.36  programs.  The report must document the project costs and 
 49.1   outcomes that helped delay or prevent nursing home placement.  
 49.2   The report must describe steps taken for quality assurance and 
 49.3   must also include recommendations based on the project 
 49.4   findings.  The commissioner shall collect data on a quarterly 
 49.5   basis on the number of persons served and other factors relating 
 49.6   to the goals, activities, and accomplishments of the projects.  
 49.7   The commissioner shall provide this data in summary form to the 
 49.8   legislature in annual reports, due January 1, 2001, and each 
 49.9   January 1 thereafter.  The annual reports must also include 
 49.10  recommendations based on project findings. 
 49.11     Subd. 9.  [TECHNICAL ASSISTANCE.] The commissioner may 
 49.12  provide technical assistance to sponsors of on-site coordination 
 49.13  services programs or may contract or delegate the provision of 
 49.14  technical assistance. 
 49.15     Subd. 10.  [OTHER AGENCIES.] The commissioner may delegate, 
 49.16  use, or employ any federal, state, regional, or local public or 
 49.17  private agency or organization, including organizations of 
 49.18  physically handicapped persons, upon terms the commissioner 
 49.19  deems necessary or desirable, to assist in the exercise of any 
 49.20  of the powers granted in this section. 
 49.21     Sec. 5.  Minnesota Statutes 1999 Supplement, section 
 49.22  256B.431, subdivision 17, is amended to read: 
 49.23     Subd. 17.  [SPECIAL PROVISIONS FOR MORATORIUM EXCEPTIONS.] 
 49.24  (a) Notwithstanding Minnesota Rules, part 9549.0060, subpart 3, 
 49.25  for rate periods beginning on October 1, 1992, and for rate 
 49.26  years beginning after June 30, 1993, a nursing facility that (1) 
 49.27  has completed a construction project approved under section 
 49.28  144A.071, subdivision 4a, clause (m); (2) has completed a 
 49.29  construction project approved under section 144A.071, 
 49.30  subdivision 4a, and effective after June 30, 1995; or (3) has 
 49.31  completed a renovation, replacement, or upgrading project 
 49.32  approved under the moratorium exception process in section 
 49.33  144A.073 shall be reimbursed for costs directly identified to 
 49.34  that project as provided in subdivision 16 and this subdivision. 
 49.35     (b) Notwithstanding Minnesota Rules, part 9549.0060, 
 49.36  subparts 5, item A, subitems (1) and (3), and 7, item D, 
 50.1   allowable interest expense on debt shall include: 
 50.2      (1) interest expense on debt related to the cost of 
 50.3   purchasing or replacing depreciable equipment, excluding 
 50.4   vehicles, not to exceed six percent of the total historical cost 
 50.5   of the project; and 
 50.6      (2) interest expense on debt related to financing or 
 50.7   refinancing costs, including costs related to points, loan 
 50.8   origination fees, financing charges, legal fees, and title 
 50.9   searches; and issuance costs including bond discounts, bond 
 50.10  counsel, underwriter's counsel, corporate counsel, printing, and 
 50.11  financial forecasts.  Allowable debt related to items in this 
 50.12  clause shall not exceed seven percent of the total historical 
 50.13  cost of the project.  To the extent these costs are financed, 
 50.14  the straight-line amortization of the costs in this clause is 
 50.15  not an allowable cost; and 
 50.16     (3) interest on debt incurred for the establishment of a 
 50.17  debt reserve fund, net of the interest earned on the debt 
 50.18  reserve fund. 
 50.19     (c) Debt incurred for costs under paragraph (b) is not 
 50.20  subject to Minnesota Rules, part 9549.0060, subpart 5, item A, 
 50.21  subitem (5) or (6). 
 50.22     (d) The incremental increase in a nursing facility's rental 
 50.23  rate, determined under Minnesota Rules, parts 9549.0010 to 
 50.24  9549.0080, and this section, resulting from the acquisition of 
 50.25  allowable capital assets, and allowable debt and interest 
 50.26  expense under this subdivision shall be added to its 
 50.27  property-related payment rate and shall be effective on the 
 50.28  first day of the month following the month in which the 
 50.29  moratorium project was completed. 
 50.30     (e) Notwithstanding subdivision 3f, paragraph (a), for rate 
 50.31  periods beginning on October 1, 1992, and for rate years 
 50.32  beginning after June 30, 1993, the replacement-costs-new per bed 
 50.33  limit to be used in Minnesota Rules, part 9549.0060, subpart 4, 
 50.34  item B, for a nursing facility that has completed a renovation, 
 50.35  replacement, or upgrading project that has been approved under 
 50.36  the moratorium exception process in section 144A.073, or that 
 51.1   has completed an addition to or replacement of buildings, 
 51.2   attached fixtures, or land improvements for which the total 
 51.3   historical cost exceeds the lesser of $150,000 or ten percent of 
 51.4   the most recent appraised value, must be $47,500 per licensed 
 51.5   bed in multiple-bed rooms and $71,250 per licensed bed in a 
 51.6   single-bed room.  These amounts must be adjusted annually as 
 51.7   specified in subdivision 3f, paragraph (a), beginning January 1, 
 51.8   1993. 
 51.9      (f) A nursing facility that completes a project identified 
 51.10  in this subdivision and, as of April 17, 1992, has not been 
 51.11  mailed a rate notice with a special appraisal for a completed 
 51.12  project, or completes a project after April 17, 1992, but before 
 51.13  September 1, 1992, may elect either to request a special 
 51.14  reappraisal with the corresponding adjustment to the 
 51.15  property-related payment rate under the laws in effect on June 
 51.16  30, 1992, or to submit their capital asset and debt information 
 51.17  after that date and obtain the property-related payment rate 
 51.18  adjustment under this section, but not both. 
 51.19     (g) For purposes of this paragraph, a total replacement 
 51.20  means the complete replacement of the nursing facility's 
 51.21  physical plant through the construction of a new physical plant 
 51.22  or, the transfer of the nursing facility's license from one 
 51.23  physical plant location to another, or a new building addition 
 51.24  to relocate beds from three- and four-bed wards.  For total 
 51.25  replacement projects completed on or after July 1, 1992, the 
 51.26  commissioner shall compute the incremental change in the nursing 
 51.27  facility's rental per diem, for rate years beginning on or after 
 51.28  July 1, 1995, by replacing its appraised value, including the 
 51.29  historical capital asset costs, and the capital debt and 
 51.30  interest costs with the new nursing facility's allowable capital 
 51.31  asset costs and the related allowable capital debt and interest 
 51.32  costs.  If the new nursing facility has decreased its licensed 
 51.33  capacity, the aggregate investment per bed limit in subdivision 
 51.34  3a, paragraph (d), shall apply.  If the new nursing facility has 
 51.35  retained a portion of the original physical plant for nursing 
 51.36  facility usage, then a portion of the appraised value prior to 
 52.1   the replacement must be retained and included in the calculation 
 52.2   of the incremental change in the nursing facility's rental per 
 52.3   diem.  For purposes of this part, the original nursing facility 
 52.4   means the nursing facility prior to the total replacement 
 52.5   project.  The portion of the appraised value to be retained 
 52.6   shall be calculated according to clauses (1) to (3): 
 52.7      (1) The numerator of the allocation ratio shall be the 
 52.8   square footage of the area in the original physical plant which 
 52.9   is being retained for nursing facility usage. 
 52.10     (2) The denominator of the allocation ratio shall be the 
 52.11  total square footage of the original nursing facility physical 
 52.12  plant. 
 52.13     (3) Each component of the nursing facility's allowable 
 52.14  appraised value prior to the total replacement project shall be 
 52.15  multiplied by the allocation ratio developed by dividing clause 
 52.16  (1) by clause (2). 
 52.17     In the case of either type of total replacement as 
 52.18  authorized under section 144A.071 or 144A.073, the provisions of 
 52.19  this subdivision shall also apply.  For purposes of the 
 52.20  moratorium exception authorized under section 144A.071, 
 52.21  subdivision 4a, paragraph (s), if the total replacement involves 
 52.22  the renovation and use of an existing health care facility 
 52.23  physical plant, the new allowable capital asset costs and 
 52.24  related debt and interest costs shall include first the 
 52.25  allowable capital asset costs and related debt and interest 
 52.26  costs of the renovation, to which shall be added the allowable 
 52.27  capital asset costs of the existing physical plant prior to the 
 52.28  renovation, and if reported by the facility, the related 
 52.29  allowable capital debt and interest costs. 
 52.30     (h) Notwithstanding Minnesota Rules, part 9549.0060, 
 52.31  subpart 11, item C, subitem (2), for a total replacement, as 
 52.32  defined in paragraph (g), authorized under section 144A.071 or 
 52.33  144A.073 after July 1, 1999, or any building project that is a 
 52.34  relocation, renovation, upgrading, or conversion authorized 
 52.35  under section 144A.073, after July 1, 2001, the 
 52.36  replacement-costs-new per bed limit shall be $74,280 per 
 53.1   licensed bed in multiple-bed rooms, $92,850 per licensed bed in 
 53.2   semiprivate rooms with a fixed partition separating the resident 
 53.3   beds, and $111,420 per licensed bed in single rooms.  Minnesota 
 53.4   Rules, part 9549.0060, subpart 11, item C, subitem (2), does not 
 53.5   apply.  These amounts must be adjusted annually as specified in 
 53.6   subdivision 3f, paragraph (a), beginning January 1, 2000.  
 53.7      (i) For a total replacement, as defined in paragraph (g), 
 53.8   authorized under section 144A.073 for a 96-bed nursing home in 
 53.9   Carlton county, the replacement-costs-new per bed limit shall be 
 53.10  $74,280 per licensed bed in multiple-bed rooms, $92,850 per 
 53.11  licensed bed in semiprivate rooms with a fixed partition 
 53.12  separating the resident's beds, and $111,420 per licensed bed in 
 53.13  a single room.  Minnesota Rules, part 9549.0060, subpart 11, 
 53.14  item C, subitem (2), does not apply.  The resulting maximum 
 53.15  allowable replacement-costs-new multiplied by 1.25 shall 
 53.16  constitute the project's dollar threshold for purposes of 
 53.17  application of the limit set forth in section 144A.071, 
 53.18  subdivision 2.  The commissioner of health may waive the 
 53.19  requirements of section 144A.073, subdivision 3b, paragraph (b), 
 53.20  clause (2), on the condition that the other requirements of that 
 53.21  paragraph are met. 
 53.22     (j) For a total replacement, as defined in paragraph (g), 
 53.23  authorized under section 144A.073 involving a new building 
 53.24  addition that relocates beds from three-bed wards for an 80-bed 
 53.25  nursing home in Redwood county, the replacement-costs-new per 
 53.26  bed limit shall be $74,280 per licensed bed for multiple-bed 
 53.27  rooms; $92,850 per licensed bed for semiprivate rooms with a 
 53.28  fixed partition separating the beds; and $111,420 per licensed 
 53.29  bed for single rooms.  These amounts shall be adjusted annually, 
 53.30  beginning January 1, 2001.  Minnesota Rules, part 9549.0060, 
 53.31  subpart 11, item C, subitem (2), does not apply.  The resulting 
 53.32  maximum allowable replacement-costs-new multiplied by 1.25 shall 
 53.33  constitute the project's dollar threshold for purposes of 
 53.34  application of the limit set forth in section 144A.071, 
 53.35  subdivision 2.  The commissioner of health may waive the 
 53.36  requirements of section 144A.073, subdivision 3b, paragraph (b), 
 54.1   clause (2), on the condition that the other requirements of that 
 54.2   paragraph are met. 
 54.3      Sec. 6.  Minnesota Statutes 1999 Supplement, section 
 54.4   256B.431, subdivision 28, is amended to read: 
 54.5      Subd. 28.  [NURSING FACILITY RATE INCREASES BEGINNING JULY 
 54.6   1, 1999, AND JULY 1, 2000.] (a) For the rate years beginning 
 54.7   July 1, 1999, and July 1, 2000, the commissioner shall make 
 54.8   available to each nursing facility reimbursed under this section 
 54.9   or section 256B.434 an adjustment to the total operating payment 
 54.10  rate.  For each facility, total operating costs shall be 
 54.11  separated into costs that are compensation related and all other 
 54.12  costs.  Compensation-related costs include salaries, payroll 
 54.13  taxes, and fringe benefits for all employees except management 
 54.14  fees, the administrator, and central office staff. 
 54.15     (b) For the rate year beginning July 1, 1999, the 
 54.16  commissioner shall make available a rate increase for 
 54.17  compensation-related costs of 4.843 percent and a rate increase 
 54.18  for all other operating costs of 3.446 percent. 
 54.19     (c) For the rate year beginning July 1, 2000, the 
 54.20  commissioner shall make available a rate increase for 
 54.21  compensation-related costs of 3.632 percent; an additional rate 
 54.22  increase for compensation-related costs of 3.0 percent for 
 54.23  geographic group II and III nursing facilities and 3.5 percent 
 54.24  for geographic group I nursing facilities, which must be used to 
 54.25  increase the per-hour pay rate of all employees except 
 54.26  management fees, the administrator, and central office staff by 
 54.27  an equal dollar amount; and a rate increase for all other 
 54.28  operating costs of 2.585 percent.  Money received by a facility 
 54.29  as a result of the additional rate increase for 
 54.30  compensation-related costs of 3.0 percent or 3.5 percent for the 
 54.31  rate year beginning July 1, 2000, provided under this paragraph 
 54.32  shall be used only for wage increases implemented on or after 
 54.33  July 1, 2000, and shall not be used for wage increases 
 54.34  implemented prior to that date. 
 54.35     (d) The payment rate adjustment for each nursing facility 
 54.36  must be determined under clause (1) or (2): 
 55.1      (1) for each nursing facility that reports salaries for 
 55.2   registered nurses, licensed practical nurses, aides, orderlies, 
 55.3   and attendants separately, the commissioner shall determine the 
 55.4   payment rate adjustment using the categories specified in 
 55.5   paragraph (a) multiplied by the rate increases specified in 
 55.6   paragraph (b) or (c), and then dividing the resulting amount by 
 55.7   the nursing facility's actual resident days.  In determining the 
 55.8   amount of a payment rate adjustment for a nursing facility 
 55.9   reimbursed under section 256B.434, the commissioner shall 
 55.10  determine the proportions of the facility's rates that are 
 55.11  compensation-related costs and all other operating costs based 
 55.12  on the facility's most recent cost report; and 
 55.13     (2) for each nursing facility that does not report salaries 
 55.14  for registered nurses, licensed practical nurses, aides, 
 55.15  orderlies, and attendants separately, the payment rate 
 55.16  adjustment shall be computed using the facility's total 
 55.17  operating costs, separated into the categories specified in 
 55.18  paragraph (a) in proportion to the weighted average of all 
 55.19  facilities determined under clause (1), multiplied by the rate 
 55.20  increases specified in paragraph (b) or (c), and then dividing 
 55.21  the resulting amount by the nursing facility's actual resident 
 55.22  days. 
 55.23     (e) A nursing facility may apply for the 
 55.24  compensation-related payment rate adjustment calculated under 
 55.25  this subdivision.  The application must be made to the 
 55.26  commissioner and contain a plan by which the nursing facility 
 55.27  will distribute the compensation-related portion of the payment 
 55.28  rate adjustment to employees of the nursing facility.  For 
 55.29  nursing facilities in which the employees are represented by an 
 55.30  exclusive bargaining representative, an agreement negotiated and 
 55.31  agreed to by the employer and the exclusive bargaining 
 55.32  representative constitutes the plan.  For the second rate year, 
 55.33  a negotiated agreement constitutes the plan only if the 
 55.34  agreement is finalized after the date of enactment of all rate 
 55.35  increases for the second rate year.  The commissioner shall 
 55.36  review the plan to ensure that the payment rate adjustment per 
 56.1   diem is used as provided in paragraphs (a) to (c).  To be 
 56.2   eligible, a facility must submit its plan for the compensation 
 56.3   distribution by December 31 each year.  A facility may amend its 
 56.4   plan for the second rate year by submitting a revised plan by 
 56.5   December 31, 2000.  If a facility's plan for compensation 
 56.6   distribution is effective for its employees after July 1 of the 
 56.7   year that the funds are available, the payment rate adjustment 
 56.8   per diem shall be effective the same date as its plan. 
 56.9      (f) A copy of the approved distribution plan must be made 
 56.10  available to all employees.  This must be done by giving each 
 56.11  employee a copy or by posting it in an area of the nursing 
 56.12  facility to which all employees have access.  If an employee 
 56.13  does not receive the compensation adjustment described in their 
 56.14  facility's approved plan and is unable to resolve the problem 
 56.15  with the facility's management or through the employee's union 
 56.16  representative, the employee may contact the commissioner at an 
 56.17  address or phone number provided by the commissioner and 
 56.18  included in the approved plan.  
 56.19     (g) If the reimbursement system under section 256B.435 is 
 56.20  not implemented until July 1, 2001, the salary adjustment per 
 56.21  diem authorized in subdivision 2i, paragraph (c), shall continue 
 56.22  until June 30, 2001.  
 56.23     (h) For the rate year beginning July 1, 1999, the following 
 56.24  nursing facilities shall be allowed a rate increase equal to 67 
 56.25  percent of the rate increase that would be allowed if 
 56.26  subdivision 26, paragraph (a), was not applied: 
 56.27     (1) a nursing facility in Carver county licensed for 33 
 56.28  nursing home beds and four boarding care beds; 
 56.29     (2) a nursing facility in Faribault county licensed for 159 
 56.30  nursing home beds on September 30, 1998; and 
 56.31     (3) a nursing facility in Houston county licensed for 68 
 56.32  nursing home beds on September 30, 1998. 
 56.33     (i) For the rate year beginning July 1, 1999, the following 
 56.34  nursing facilities shall be allowed a rate increase equal to 67 
 56.35  percent of the rate increase that would be allowed if 
 56.36  subdivision 26, paragraphs (a) and (b), were not applied: 
 57.1      (1) a nursing facility in Chisago county licensed for 135 
 57.2   nursing home beds on September 30, 1998; and 
 57.3      (2) a nursing facility in Murray county licensed for 62 
 57.4   nursing home beds on September 30, 1998. 
 57.5      (j) For the rate year beginning July 1, 1999, a nursing 
 57.6   facility in Hennepin county licensed for 134 beds on September 
 57.7   30, 1998, shall: 
 57.8      (1) have the prior year's allowable care-related per diem 
 57.9   increased by $3.93 and the prior year's other operating cost per 
 57.10  diem increased by $1.69 before adding the inflation in 
 57.11  subdivision 26, paragraph (d), clause (2); and 
 57.12     (2) be allowed a rate increase equal to 67 percent of the 
 57.13  rate increase that would be allowed if subdivision 26, 
 57.14  paragraphs (a) and (b), were not applied. 
 57.15     The increases provided in paragraphs (h), (i), and (j) 
 57.16  shall be included in the facility's total payment rates for the 
 57.17  purposes of determining future rates under this section or any 
 57.18  other section. 
 57.19     Sec. 7.  Minnesota Statutes 1998, section 256B.431, is 
 57.20  amended by adding a subdivision to read: 
 57.21     Subd. 29.  [FACILITY RATE INCREASES EFFECTIVE JULY 1, 
 57.22  2000.] Following the determination under subdivision 28 of the 
 57.23  payment rate for the rate year beginning July 1, 2000, for a 
 57.24  facility in Roseau county licensed for 49 beds, the facility's 
 57.25  operating cost per diem shall be increased by the following 
 57.26  amounts: 
 57.27     (1) case mix class A, $2.56; 
 57.28     (2) case mix class B, $2.74; 
 57.29     (3) case mix class C, $2.93; 
 57.30     (4) case mix class D, $3.11; 
 57.31     (5) case mix class E, $3.30; 
 57.32     (6) case mix class F, $3.31; 
 57.33     (7) case mix class G, $3.46; 
 57.34     (8) case mix class H, $3.76; 
 57.35     (9) case mix class I, $3.86; 
 57.36     (10) case mix class J, $4.03; and 
 58.1      (11) case mix class K, $4.37. 
 58.2   These increases shall be included in the facility's total 
 58.3   payment rates for the purpose of determining future rates under 
 58.4   this section or any other section. 
 58.5      Sec. 8.  Minnesota Statutes 1998, section 256B.431, is 
 58.6   amended by adding a subdivision to read: 
 58.7      Subd. 30.  [CHANGES TO NURSING FACILITY REIMBURSEMENT 
 58.8   BEGINNING JULY 1, 2000.] (a) For rate years beginning on or 
 58.9   after July 1, 2000, a nursing facility reimbursed under this 
 58.10  section which has placed beds on layaway status shall, for 
 58.11  purposes of application of the downsizing incentive in 
 58.12  subdivision 3a, paragraph (d), and calculation of the rental per 
 58.13  diem, have those beds given the same effect as if the beds had 
 58.14  been delicensed so long as the beds remain on layaway status.  
 58.15  At the time of a layaway, a facility may change its single bed 
 58.16  election for use in calculating capacity days under Minnesota 
 58.17  Rules, part 9549.0060, subpart 11.  The property payment rate 
 58.18  increase shall be effective the first day of the month following 
 58.19  the month in which the layaway of the beds becomes effective 
 58.20  under section 144A.071, subdivision 4b. 
 58.21     (b) For rate years beginning on or after July 1, 2000, 
 58.22  notwithstanding any provision to the contrary under section 
 58.23  256B.434, a nursing facility reimbursed under that section which 
 58.24  has placed beds on layaway status shall, for so long as the beds 
 58.25  remain on layaway status, be allowed to: 
 58.26     (1) aggregate the applicable investment per bed limits 
 58.27  based on the number of beds licensed immediately prior to 
 58.28  entering the alternative payment system; 
 58.29     (2) retain or change the facility's single bed election for 
 58.30  use in calculating capacity days under Minnesota Rules, part 
 58.31  9549.0060, subpart 11; and 
 58.32     (3) establish capacity days for each rate year following 
 58.33  the layaway based on the number of beds licensed less the number 
 58.34  of beds on layaway status. 
 58.35  The commissioner shall increase the facility's property payment 
 58.36  rate by the incremental increase in the rental per diem 
 59.1   resulting from the recalculation of the facility's rental per 
 59.2   diem applying only the changes resulting from the layaway of 
 59.3   beds and clauses (1), (2), and (3).  The property payment rate 
 59.4   increase shall be effective the first day of the month following 
 59.5   the month in which the layaway of the beds becomes effective. 
 59.6      (c) If a nursing facility removes a bed from layaway status 
 59.7   in accordance with section 144A.071, subdivision 4b, the 
 59.8   commissioner shall establish capacity days based on the number 
 59.9   of licensed and certified beds in the facility not on layaway 
 59.10  and shall reduce the nursing facility's property payment rate in 
 59.11  accordance with paragraph (b). 
 59.12     (d) For the rate years beginning on or after July 1, 2000, 
 59.13  notwithstanding any provision to the contrary under section 
 59.14  256B.434, a nursing facility reimbursed under that section, 
 59.15  which has delicensed beds after July 1, 2000, by giving notice 
 59.16  of the delicensure to the commissioners of health and human 
 59.17  services according to the notice requirements in section 
 59.18  144A.071, subdivision 4b, shall be allowed to: 
 59.19     (1) aggregate the applicable investment per bed limits 
 59.20  based on the number of beds licensed immediately prior to 
 59.21  entering the alternative payment system; 
 59.22     (2) establish the facility's single bed election for use in 
 59.23  calculating capacity days under Minnesota Rules, part 9549.0060, 
 59.24  subpart 11; and 
 59.25     (3) establish capacity days for each rate year following 
 59.26  the delicensure based on the number of beds licensed after the 
 59.27  reduction. 
 59.28  The commissioner shall increase the facility's property payment 
 59.29  rate by the incremental increase in the rental per diem 
 59.30  resulting from the recalculation of the facility's rental per 
 59.31  diem applying only the changes resulting from the delicensure of 
 59.32  beds and clauses (1), (2), and (3).  The property payment rate 
 59.33  increase shall be effective the first day of the month following 
 59.34  the month in which the delicensure of the beds becomes effective.
 59.35     (e) For nursing facilities reimbursed under this section or 
 59.36  section 256B.434, any beds placed in layaway status shall not be 
 60.1   included in calculating facility occupancy as it pertains to 
 60.2   leave days defined in Minnesota Rules, part 9505.0415. 
 60.3      (f) For nursing facilities reimbursed under this section or 
 60.4   section 256B.434, the rental rate calculated after placing beds 
 60.5   on layaway status may not be less than the rental rate prior to 
 60.6   placing beds on layaway status. 
 60.7      (g) A nursing facility receiving a rate adjustment as a 
 60.8   result of this section shall comply with section 256B.47, 
 60.9   subdivision 2. 
 60.10     (h) A property payment rate increase is allowable under 
 60.11  this subdivision only if all of the additional space made 
 60.12  available as a result of bed layaways or delicensure is utilized 
 60.13  to reduce the number of beds per room or provide more common 
 60.14  space for nursing facility uses or is devoted to other 
 60.15  activities related to operation of the nursing facility, and is 
 60.16  not converted to other nonnursing facility uses. 
 60.17     Sec. 9.  Minnesota Statutes 1998, section 256B.434, is 
 60.18  amended by adding a subdivision to read: 
 60.19     Subd. 4b.  [FACILITY RATE INCREASES EFFECTIVE JULY 1, 
 60.20  2000.] For the rate year beginning July 1, 2000, the nursing 
 60.21  facilities described in clauses (1) to (6) shall receive the 
 60.22  rate increases indicated.  The increases under this subdivision 
 60.23  shall be added following the determination under section 
 60.24  256B.431, subdivision 28, of the payment rate for the rate year 
 60.25  beginning July 1, 2000, and shall be included in the facility's 
 60.26  total payment rates for the purposes of determining future rates 
 60.27  under this section or any other section: 
 60.28     (1) a nursing facility in Hennepin county licensed for 290 
 60.29  beds shall receive an operating cost per diem increase of 7.6 
 60.30  percent, provided that the facility delicenses, decertifies, or 
 60.31  places on layaway status, if that status is otherwise permitted 
 60.32  by law, 90 beds; 
 60.33     (2) a nursing facility in Goodhue county licensed for 84 
 60.34  beds shall receive an increase of $2 in each case mix payment 
 60.35  rate; 
 60.36     (3) a nursing facility located in Rochester and licensed 
 61.1   for 103 beds on January 1, 2000, shall receive an increase in 
 61.2   its case mix resident class A payment of $4.91, and an increase 
 61.3   in the payment rate for all other case mix classes of that 
 61.4   amount multiplied by the class weight for that case mix class 
 61.5   established in Minnesota Rules, part 9549.0058, subpart 3; 
 61.6      (4) a nursing facility in Wright county licensed for 154 
 61.7   beds shall receive an increase of $2.63 in each case mix payment 
 61.8   rate to be used for employee wage and benefit enhancements; 
 61.9      (5) a facility in Todd county licensed for 78 beds, shall 
 61.10  have its operating cost per diem increased by the following 
 61.11  amounts: 
 61.12     (i) case mix class A, $1.50; 
 61.13     (ii) case mix class B, $1.95; 
 61.14     (iii) case mix class C, $2.46; 
 61.15     (iv) case mix class D, $2.93; 
 61.16     (v) case mix class E, $3.41; 
 61.17     (vi) case mix class F, $3.44; 
 61.18     (vii) case mix class G, $3.84; 
 61.19     (viii) case mix class H, $4.61; 
 61.20     (ix) case mix class I, $4.88; 
 61.21     (x) case mix class J, $5.30; and 
 61.22     (xi) case mix class K, $6.18; and 
 61.23     (6) a nursing facility in Pine City that decertified 22 
 61.24  beds in calendar year 1999 shall have its property-related per 
 61.25  diem payment rate increased by $2.06. 
 61.26     Sec. 10.  Minnesota Statutes 1998, section 256B.501, is 
 61.27  amended by adding a subdivision to read: 
 61.28     Subd. 13.  [ICF/MR RATE INCREASES BEGINNING OCTOBER 1, 
 61.29  1999, AND OCTOBER 1, 2000.] (a) For the rate years beginning 
 61.30  October 1, 1999, and October 1, 2000, the commissioner shall 
 61.31  make available to each facility reimbursed under this section, 
 61.32  section 256B.5011, and Laws 1993, First Special Session chapter 
 61.33  1, article 4, section 11, an adjustment to the total operating 
 61.34  payment rate.  For each facility, total operating costs shall be 
 61.35  separated into costs that are compensation related and all other 
 61.36  costs.  "Compensation-related costs" means the facility's 
 62.1   allowable program operating cost category employee training 
 62.2   expenses, and the facility's allowable salaries, payroll taxes, 
 62.3   and fringe benefits.  The term does not include these same 
 62.4   salary-related costs for both administrative or central office 
 62.5   employees. 
 62.6      For the purpose of determining the adjustment to be granted 
 62.7   under this subdivision, the commissioner must use the most 
 62.8   recent cost report that has been subject to desk audit. 
 62.9      (b) For the rate year beginning October 1, 1999, the 
 62.10  commissioner shall make available a rate increase for 
 62.11  compensation-related costs of 4.6 percent and a rate increase 
 62.12  for all other operating costs of 3.2 percent. 
 62.13     (c) For the rate year beginning October 1, 2000, the 
 62.14  commissioner shall make available a rate increase for 
 62.15  compensation related costs of 3.6 percent; an additional rate 
 62.16  increase for compensation-related costs of three percent which 
 62.17  must be used to increase the per-hour pay rate of all employees 
 62.18  except administrative and central office employees by an equal 
 62.19  dollar amount; and a rate increase for all other operating costs 
 62.20  of two percent.  Money received by a facility as a result of the 
 62.21  additional rate increase for compensation-related costs of three 
 62.22  percent for the rate year beginning October 1, 2000, provided 
 62.23  under this paragraph shall be used only for wage increases 
 62.24  implemented on or after October 1, 2000, and shall not be used 
 62.25  for wage increases implemented prior to that date. 
 62.26     (d) For each facility, the commissioner shall determine the 
 62.27  payment rate adjustment using the categories specified in 
 62.28  paragraph (a) multiplied by the rate increases specified in 
 62.29  paragraph (b) or (c), and then dividing the resulting amount by 
 62.30  the facility's actual resident days.  
 62.31     (e) Any facility whose payment rates are governed by 
 62.32  closure agreements, receivership agreements, or Minnesota Rules, 
 62.33  part 9553.0075, are not eligible for an adjustment otherwise 
 62.34  granted under this subdivision.  
 62.35     (f) A facility may apply for the compensation-related 
 62.36  payment rate adjustment calculated under this subdivision.  The 
 63.1   application must be made to the commissioner and contain a plan 
 63.2   by which the facility will distribute the compensation-related 
 63.3   portion of the payment rate adjustment to employees of the 
 63.4   facility.  For facilities in which the employees are represented 
 63.5   by an exclusive bargaining representative, an agreement 
 63.6   negotiated and agreed to by the employer and the exclusive 
 63.7   bargaining representative constitutes the plan.  For the second 
 63.8   rate year, a negotiated agreement may constitute the plan only 
 63.9   if the agreement is finalized after the date of enactment of all 
 63.10  rate increases for the second rate year.  The commissioner shall 
 63.11  review the plan to ensure that the payment rate adjustment per 
 63.12  diem is used as provided in this subdivision.  To be eligible, a 
 63.13  facility must submit its plan for the compensation distribution 
 63.14  by December 31 each year.  A facility may amend its plan for the 
 63.15  second rate year by submitting a revised plan by December 31, 
 63.16  2000.  If a facility's plan for compensation distribution is 
 63.17  effective for its employees after October 1 of the year that the 
 63.18  funds are available, the payment rate adjustment per diem shall 
 63.19  be effective the same date as its plan. 
 63.20     (g) A copy of the approved distribution plan must be made 
 63.21  available to all employees.  This must be done by giving each 
 63.22  employee a copy or by posting it in an area of the facility to 
 63.23  which all employees have access.  If an employee does not 
 63.24  receive the compensation adjustment described in their 
 63.25  facility's approved plan and is unable to resolve the problem 
 63.26  with the facility's management or through the employee's union 
 63.27  representative, the employee may contact the commissioner at an 
 63.28  address or telephone number provided by the commissioner and 
 63.29  included in the approved plan. 
 63.30     Sec. 11.  Laws 1999, chapter 245, article 1, section 2, 
 63.31  subdivision 8, is amended to read: 
 63.32  Subd. 8.  Continuing Care and 
 63.33  Community Support Grants
 63.34  General           1,174,195,000 1,259,767,000
 63.35  Lottery Prize         1,158,000     1,158,000
 63.36  The amounts that may be spent from this 
 63.37  appropriation for each purpose are as 
 64.1   follows: 
 64.2   (a) Community Social Services
 64.3   Block Grants
 64.4       42,597,000     43,498,000 
 64.5   [CSSA TRADITIONAL APPROPRIATION.] 
 64.6   Notwithstanding Minnesota Statutes, 
 64.7   section 256E.06, subdivisions 1 and 2, 
 64.8   the appropriations available under that 
 64.9   section in fiscal years 2000 and 2001 
 64.10  must be distributed to each county 
 64.11  proportionately to the aid received by 
 64.12  the county in calendar year 1998.  The 
 64.13  commissioner, in consultation with 
 64.14  counties, shall study the formula 
 64.15  limitations in subdivision 2 of that 
 64.16  section, and report findings and any 
 64.17  recommendations for revision of the 
 64.18  CSSA formula and its formula limitation 
 64.19  provisions to the legislature by 
 64.20  January 15, 2000. 
 64.21  (b) Consumer Support Grants
 64.22       1,123,000      1,123,000 
 64.23  (c) Aging Adult Service Grants
 64.24       7,965,000      7,765,000 
 64.25  [LIVING-AT-HOME/BLOCK NURSE PROGRAM.] 
 64.26  Of the general fund appropriation, 
 64.27  $120,000 in fiscal year 2000 and 
 64.28  $120,000 in fiscal year 2001 is for the 
 64.29  commissioner to provide funding to six 
 64.30  additional living-at-home/block nurse 
 64.31  programs.  This appropriation shall 
 64.32  become part of the base for the 
 64.33  2002-2003 biennium. 
 64.34  [MINNESOTA SENIOR SERVICE CORPS.] Of 
 64.35  this appropriation, $160,000 for the 
 64.36  biennium is from the general fund to 
 64.37  the commissioner for the following 
 64.38  purposes: 
 64.39  (a) $40,000 in fiscal year 2000 and 
 64.40  $40,000 in fiscal year 2001 is to 
 64.41  increase the hourly stipend by ten 
 64.42  cents per hour in the foster 
 64.43  grandparent program, the retired and 
 64.44  senior volunteer program, and the 
 64.45  senior companion program. 
 64.46  (b) $40,000 in fiscal year 2000 and 
 64.47  $40,000 in fiscal year 2001 is for a 
 64.48  grant to the tri-valley opportunity 
 64.49  council in Crookston to expand services 
 64.50  in the ten-county area of northwestern 
 64.51  Minnesota. 
 64.52  (c) This appropriation shall become 
 64.53  part of the base for the 2002-2003 
 64.54  biennium.
 64.55  [HEALTH INSURANCE COUNSELING.] Of this 
 64.56  appropriation, $100,000 in fiscal year 
 64.57  2000 and $100,000 in fiscal year 2001 
 64.58  is from the general fund to the 
 65.1   commissioner to transfer to the board 
 65.2   on aging for the purpose of awarding 
 65.3   health insurance counseling and 
 65.4   assistance grants to the area agencies 
 65.5   on aging providing state-funded health 
 65.6   insurance counseling services.  Access 
 65.7   to health insurance counseling programs 
 65.8   shall be provided by the senior linkage 
 65.9   line service of the board on aging and 
 65.10  the area agencies on aging. The board 
 65.11  on aging shall explore opportunities 
 65.12  for obtaining alternative funding from 
 65.13  nonstate sources, including 
 65.14  contributions from individuals seeking 
 65.15  health insurance counseling services.  
 65.16  This is a one-time appropriation and 
 65.17  shall not become part of base level 
 65.18  funding for this activity for the 
 65.19  2002-2003 biennium. 
 65.20  (d) Deaf and Hard-of-Hearing 
 65.21  Services Grants
 65.22       1,859,000      1,760,000 
 65.23  [SERVICES TO DEAF PERSONS WITH MENTAL 
 65.24  ILLNESS.] Of this appropriation, 
 65.25  $100,000 each year is to the 
 65.26  commissioner for a grant to a nonprofit 
 65.27  agency that currently serves deaf and 
 65.28  hard-of-hearing adults with mental 
 65.29  illness through residential programs 
 65.30  and supported housing outreach.  The 
 65.31  grant must be used to operate a 
 65.32  community support program for persons 
 65.33  with mental illness that is 
 65.34  communicatively accessible for persons 
 65.35  who are deaf or hard-of-hearing.  This 
 65.36  is a one-time appropriation and shall 
 65.37  not become part of base level funding 
 65.38  for this activity for the 2002-2003 
 65.39  biennium. 
 65.40  [DEAF-BLIND ORIENTATION AND MOBILITY 
 65.41  SERVICES.] Of this appropriation, 
 65.42  $120,000 for the biennium is to the 
 65.43  commissioner for a grant to DeafBlind 
 65.44  Services Minnesota to hire an 
 65.45  orientation and, mobility, and 
 65.46  deaf-blind specialist to work with 
 65.47  deaf-blind people and for related 
 65.48  costs.  The specialist will provide 
 65.49  services to deaf-blind Minnesotans, and 
 65.50  training to teachers and rehabilitation 
 65.51  counselors, on a statewide basis.  This 
 65.52  is a one-time appropriation and shall 
 65.53  not become part of base level funding 
 65.54  for this activity for the 2002-2003 
 65.55  biennium.  Notwithstanding section 13, 
 65.56  this paragraph expires on June 30, 2003.
 65.57  (e) Mental Health Grants
 65.58  General          45,169,000     46,528,000 
 65.59  Lottery Prize     1,158,000      1,158,000 
 65.60  [CRISIS HOUSING.] Of the general fund 
 65.61  appropriation, $126,000 in fiscal year 
 65.62  2000 and $150,000 in fiscal year 2001 
 65.63  is to the commissioner for the adult 
 66.1   mental illness crisis housing 
 66.2   assistance program under Minnesota 
 66.3   Statutes, section 245.99.  This 
 66.4   appropriation shall become part of the 
 66.5   base for the 2002-2003 biennium. 
 66.6   [ADOLESCENT COMPULSIVE GAMBLING GRANT.] 
 66.7   $150,000 in fiscal year 2000 and 
 66.8   $150,000 in fiscal year 2001 is 
 66.9   appropriated from the lottery prize 
 66.10  fund created under Minnesota Statutes, 
 66.11  section 349A.10, subdivision 2, to the 
 66.12  commissioner for the purposes of a 
 66.13  grant to a compulsive gambling council 
 66.14  located in St. Louis county for a 
 66.15  statewide compulsive gambling 
 66.16  prevention and education project for 
 66.17  adolescents. 
 66.18  (f) Developmental Disabilities
 66.19  Community Support Grants
 66.20     9,323,000     10,958,000 
 66.21  [CRISIS INTERVENTION PROJECT.] Of this 
 66.22  appropriation, $40,000 in fiscal year 
 66.23  2000 is to the commissioner for the 
 66.24  action, support, and prevention project 
 66.25  of southeastern Minnesota. 
 66.26  [SILS FUNDING.] Of this appropriation, 
 66.27  $1,000,000 each year is for 
 66.28  semi-independent living services under 
 66.29  Minnesota Statutes, section 252.275. 
 66.30  This appropriation must be added to the 
 66.31  base level funding for this activity 
 66.32  for the 2002-2003 biennium.  Unexpended 
 66.33  funds for fiscal year 2000 do not 
 66.34  cancel but are available to the 
 66.35  commissioner for this purpose in fiscal 
 66.36  year 2001. 
 66.37  [FAMILY SUPPORT GRANTS.] Of this 
 66.38  appropriation, $1,000,000 in fiscal 
 66.39  year 2000 and $2,500,000 in fiscal year 
 66.40  2001 is to increase the availability of 
 66.41  family support grants under Minnesota 
 66.42  Statutes, section 252.32.  This 
 66.43  appropriation must be added to the base 
 66.44  level funding for this activity for the 
 66.45  2002-2003 biennium.  Unexpended funds 
 66.46  for fiscal year 2000 do not cancel but 
 66.47  are available to the commissioner for 
 66.48  this purpose in fiscal year 2001. 
 66.49  (g) Medical Assistance Long-Term 
 66.50  Care Waivers and Home Care
 66.51     349,052,000    414,240,000 
 66.52  [PROVIDER RATE INCREASES.] (a) The 
 66.53  commissioner shall increase 
 66.54  reimbursement rates by four percent the 
 66.55  first year of the biennium and by three 
 66.56  six percent the second year for the 
 66.57  providers listed in paragraph (b).  The 
 66.58  increases shall be effective for 
 66.59  services rendered on or after July 1 of 
 66.60  each year. 
 66.61  (b) The rate increases described in 
 67.1   this section shall be provided to home 
 67.2   and community-based waivered services 
 67.3   for persons with mental retardation or 
 67.4   related conditions under Minnesota 
 67.5   Statutes, section 256B.501; home and 
 67.6   community-based waivered services for 
 67.7   the elderly under Minnesota Statutes, 
 67.8   section 256B.0915; waivered services 
 67.9   under community alternatives for 
 67.10  disabled individuals under Minnesota 
 67.11  Statutes, section 256B.49; community 
 67.12  alternative care waivered services 
 67.13  under Minnesota Statutes, section 
 67.14  256B.49; traumatic brain injury 
 67.15  waivered services under Minnesota 
 67.16  Statutes, section 256B.49; nursing 
 67.17  services and home health services under 
 67.18  Minnesota Statutes, section 256B.0625, 
 67.19  subdivision 6a; personal care services 
 67.20  and nursing supervision of personal 
 67.21  care services under Minnesota Statutes, 
 67.22  section 256B.0625, subdivision 19a; 
 67.23  private-duty nursing services under 
 67.24  Minnesota Statutes, section 256B.0625, 
 67.25  subdivision 7; day training and 
 67.26  habilitation services for adults with 
 67.27  mental retardation or related 
 67.28  conditions under Minnesota Statutes, 
 67.29  sections 252.40 to 252.46; alternative 
 67.30  care services under Minnesota Statutes, 
 67.31  section 256B.0913; adult residential 
 67.32  program grants under Minnesota Rules, 
 67.33  parts 9535.2000 to 9535.3000; adult and 
 67.34  family community support grants under 
 67.35  Minnesota Rules, parts 9535.1700 to 
 67.36  9535.1760; semi-independent living 
 67.37  services under Minnesota Statutes, 
 67.38  section 252.275, including SILS funding 
 67.39  under county social services grants 
 67.40  formerly funded under Minnesota 
 67.41  Statutes, chapter 256I; and community 
 67.42  support services for deaf and 
 67.43  hard-of-hearing adults with mental 
 67.44  illness who use or wish to use sign 
 67.45  language as their primary means of 
 67.46  communication. 
 67.47  (c) The commissioner shall increase 
 67.48  reimbursement rates by two percent for 
 67.49  the group residential housing 
 67.50  supplementary service rate under 
 67.51  Minnesota Statutes, section 256I.05, 
 67.52  subdivision 1a, for services rendered 
 67.53  on or after January 1, 2000. 
 67.54  (d) Providers that receive a rate 
 67.55  increase under this section shall use 
 67.56  at least 80 percent of the additional 
 67.57  revenue the first year to increase the 
 67.58  compensation paid to employees other 
 67.59  than the administrator and central 
 67.60  office staff.  In the second year, 
 67.61  providers must use the additional 
 67.62  revenue as follows: 
 67.63  (1) at least 40 percent to increase the 
 67.64  compensation paid to employees other 
 67.65  than the administrator and central 
 67.66  office staff; 
 67.67  (2) at least 50 percent to increase the 
 68.1   per-hour pay rate of all employees 
 68.2   other than the administrator and 
 68.3   central office staff by an equal dollar 
 68.4   amount.  For public employees, the 
 68.5   portion of this increase reserved to 
 68.6   increase the per-hour pay rate for 
 68.7   certain staff by an equal dollar amount 
 68.8   shall be available and pay rates shall 
 68.9   be increased only to the extent that 
 68.10  they comply with laws governing public 
 68.11  employees collective bargaining.  Money 
 68.12  received by a provider as a result of 
 68.13  the additional rate increase described 
 68.14  in this clause shall be used only for 
 68.15  wage increases implemented on or after 
 68.16  July 1, 2000, and shall not be used for 
 68.17  wage increases implemented prior to 
 68.18  that date; and 
 68.19  (3) up to ten percent for other 
 68.20  purposes. 
 68.21  (e) A copy of the provider's plan for 
 68.22  complying with paragraph (d) must be 
 68.23  made available to all employees.  This 
 68.24  must be done by giving each employee a 
 68.25  copy or by posting it in an area of the 
 68.26  provider's operation to which all 
 68.27  employees have access.  If an employee 
 68.28  does not receive the salary adjustment 
 68.29  described in the plan and is unable to 
 68.30  resolve the problem with the provider, 
 68.31  the employee may contact the employee's 
 68.32  union representative.  If the employee 
 68.33  is not covered by a collective 
 68.34  bargaining agreement, the employee may 
 68.35  contact the commissioner at a phone 
 68.36  number provided by the commissioner and 
 68.37  included in the provider's plan. 
 68.38  (f) Section 13, sunset of uncodified 
 68.39  language, does not apply to this 
 68.40  provision. 
 68.41  [DEVELOPMENTAL DISABILITIES WAIVER 
 68.42  SLOTS.] Of this appropriation, 
 68.43  $1,746,000 in fiscal year 2000 and 
 68.44  $4,683,000 in fiscal year 2001 is to 
 68.45  increase the availability of home and 
 68.46  community-based waiver services for 
 68.47  persons with mental retardation or 
 68.48  related conditions.  
 68.49  (h) Medical Assistance Long-Term
 68.50  Care Facilities
 68.51     546,228,000    558,349,000 
 68.52  [MORATORIUM EXCEPTIONS.] Of this 
 68.53  appropriation, $250,000 in fiscal year 
 68.54  2000 and $250,000 in fiscal year 2001 
 68.55  is from the general fund to the 
 68.56  commissioner for the medical assistance 
 68.57  costs of moratorium exceptions approved 
 68.58  by the commissioner of health under 
 68.59  Minnesota Statutes, section 144A.073.  
 68.60  Unexpended money appropriated for 
 68.61  fiscal year 2000 shall not cancel but 
 68.62  shall be available for fiscal year 2001.
 68.63  [NURSING FACILITY OPERATED BY THE RED 
 69.1   LAKE BAND OF CHIPPEWA INDIANS.] (1) The 
 69.2   medical assistance payment rates for 
 69.3   the 47-bed nursing facility operated by 
 69.4   the Red Lake Band of Chippewa Indians 
 69.5   must be calculated according to 
 69.6   allowable reimbursement costs under the 
 69.7   medical assistance program, as 
 69.8   specified in Minnesota Statutes, 
 69.9   section 246.50, and are subject to the 
 69.10  facility-specific Medicare upper limits.
 69.11  (2) In addition, the commissioner shall 
 69.12  make available an operating payment 
 69.13  rate adjustment effective July 1, 1999, 
 69.14  and July 1, 2000, that is equal to the 
 69.15  adjustment provided under Minnesota 
 69.16  Statutes, section 256B.431, subdivision 
 69.17  28.  The commissioner must use the 
 69.18  facility's final 1998 and 1999 Medicare 
 69.19  cost reports, respectively, to 
 69.20  calculate the adjustment.  The 
 69.21  adjustment shall be available based on 
 69.22  a plan submitted and approved according 
 69.23  to Minnesota Statutes, section 
 69.24  256B.431, subdivision 28.  Section 13, 
 69.25  sunset of uncodified language, does not 
 69.26  apply to this paragraph. 
 69.27  [COSTS RELATED TO FACILITY 
 69.28  CERTIFICATION.] Of this appropriation, 
 69.29  $168,000 is for the costs of providing 
 69.30  one-half the state share of medical 
 69.31  assistance reimbursement for 
 69.32  residential and day habilitation 
 69.33  services under article 3, section 39.  
 69.34  This amount is available the day 
 69.35  following final enactment. 
 69.36  (i) Alternative Care Grants  
 69.37  General              60,873,000    59,981,000
 69.38  [ALTERNATIVE CARE TRANSFER.] Any money 
 69.39  allocated to the alternative care 
 69.40  program that is not spent for the 
 69.41  purposes indicated does not cancel but 
 69.42  shall be transferred to the medical 
 69.43  assistance account. 
 69.44  [PREADMISSION SCREENING AMOUNT.] The 
 69.45  preadmission screening payment to all 
 69.46  counties shall continue at the payment 
 69.47  amount in effect for fiscal year 1999. 
 69.48  [ALTERNATIVE CARE APPROPRIATION.] The 
 69.49  commissioner may expend the money 
 69.50  appropriated for the alternative care 
 69.51  program for that purpose in either year 
 69.52  of the biennium. 
 69.53  (j) Group Residential Housing
 69.54  General              66,477,000    70,390,000
 69.55  [GROUP RESIDENTIAL FACILITY FOR WOMEN 
 69.56  IN RAMSEY COUNTY.] (a) Notwithstanding 
 69.57  Minnesota Statutes 1998, section 
 69.58  256I.05, subdivision 1d, the new 23-bed 
 69.59  group residential facility for women in 
 69.60  Ramsey county, with approval by the 
 69.61  county agency, may negotiate a 
 70.1   supplementary service rate in addition 
 70.2   to the board and lodging rate for 
 70.3   facilities licensed and registered by 
 70.4   the Minnesota department of health 
 70.5   under Minnesota Statutes, section 
 70.6   15.17.  The supplementary service rate 
 70.7   shall not exceed $564 per person per 
 70.8   month and the total rate may not exceed 
 70.9   $1,177 per person per month. 
 70.10  (b) Of the general fund appropriation, 
 70.11  $19,000 in fiscal year 2000 and $38,000 
 70.12  in fiscal year 2001 is to the 
 70.13  commissioner for the costs associated 
 70.14  with paragraph (a).  This appropriation 
 70.15  shall become part of the base for the 
 70.16  2002-2003 biennium. 
 70.17  (k) Chemical Dependency
 70.18  Entitlement Grants
 70.19  General              36,751,000    38,847,000
 70.20  (l) Chemical Dependency 
 70.21  Nonentitlement Grants
 70.22  General               6,778,000     6,328,000
 70.23  [CHEMICAL DEPENDENCY SERVICES.] Of this 
 70.24  appropriation, $450,000 in fiscal year 
 70.25  2000 is to the commissioner for 
 70.26  chemical dependency services to persons 
 70.27  who qualify under Minnesota Statutes, 
 70.28  section 254B.04, subdivision 1, 
 70.29  paragraph (b). 
 70.30     Sec. 12.  [INSTRUCTION TO REVISOR.] 
 70.31     The revisor, in the next edition of Minnesota Statutes, 
 70.32  shall recodify section 256.9751 as section 256.9731, and make 
 70.33  any necessary changes in cross-references. 
 70.34                             ARTICLE 4
 70.35                  ASSISTANCE PROGRAM MODIFICATIONS
 70.36     Section 1.  Minnesota Statutes 1999 Supplement, section 
 70.37  119B.011, subdivision 15, is amended to read: 
 70.38     Subd. 15.  [INCOME.] "Income" means earned or unearned 
 70.39  income received by all family members, including public 
 70.40  assistance cash benefits and at-home infant care subsidy 
 70.41  payments, unless specifically excluded and child support and 
 70.42  maintenance distributed to the family under section 256.741, 
 70.43  subdivision 15.  The following are excluded from income:  funds 
 70.44  used to pay for health insurance premiums for family members, 
 70.45  Supplemental Security Income, scholarships, work-study income, 
 70.46  and grants that cover costs or reimbursement for tuition, fees, 
 70.47  books, and educational supplies; student loans for tuition, 
 71.1   fees, books, supplies, and living expenses; state and federal 
 71.2   earned income tax credits; in-kind income such as food stamps, 
 71.3   energy assistance, foster care assistance, medical assistance, 
 71.4   child care assistance, and housing subsidies; earned income of 
 71.5   full or part-time students, who have not earned a high school 
 71.6   diploma or GED high school equivalency diploma including 
 71.7   earnings from summer employment; grant awards under the family 
 71.8   subsidy program; nonrecurring lump sum income only to the extent 
 71.9   that it is earmarked and used for the purpose for which it is 
 71.10  paid; and any income assigned to the public authority according 
 71.11  to section 256.74 or 256.741. 
 71.12     Sec. 2.  [119B.30] [NOTICE TO PARENTS USING LEGAL 
 71.13  NONLICENSED CHILD CARE.] 
 71.14     Each county that is reimbursing legal nonlicensed child 
 71.15  care arrangements shall send a notice to the parent, guardian, 
 71.16  or eligible relative caregiver of each child using reimbursed 
 71.17  legal nonlicensed child care arrangements.  The notice must 
 71.18  inform the parent, guardian, or eligible relative caregiver that 
 71.19  the child care arrangement is not licensed by the commissioner 
 71.20  of human services and as a result has not been inspected to 
 71.21  ensure that the child care safety standards are being met. 
 71.22     Sec. 3.  Minnesota Statutes 1999 Supplement, section 
 71.23  256.019, is amended to read: 
 71.24     256.019 [RECOVERY OF MONEY; APPORTIONMENT.] 
 71.25     Subdivision 1.  [RETENTION RATES.] When an assistance 
 71.26  recovery amount is recovered from any source for assistance 
 71.27  given collected and posted by a county agency under the 
 71.28  provisions governing public assistance programs including the 
 71.29  aid to families with dependent children program formerly 
 71.30  codified in sections 256.72 to 256.87, MFIP, general assistance 
 71.31  medical care, emergency assistance, general assistance, and 
 71.32  Minnesota supplemental aid, the county may keep one-half of the 
 71.33  recovery made by the county agency using any method other than 
 71.34  recoupment.  For medical assistance, if the recovery is made by 
 71.35  a county agency using any method other than recoupment, the 
 71.36  county may keep one-half of the nonfederal share of the recovery.
 72.1      This does not apply to recoveries from medical providers or 
 72.2   to recoveries begun by the department of human services' 
 72.3   surveillance and utilization review division, state hospital 
 72.4   collections unit, and the benefit recoveries division or, by the 
 72.5   attorney general's office, or child support collections.  In the 
 72.6   food stamp program, the nonfederal share of recoveries in the 
 72.7   federal tax refund offset program (FTROP) only will be divided 
 72.8   equally between the state agency and the involved county agency. 
 72.9      Subd. 2.  [RETENTION RATES FOR AFDC AND MFIP.] (a) When an 
 72.10  assistance recovery amount is collected and posted by a county 
 72.11  agency under the provisions governing the aid to families with 
 72.12  dependent children program formerly codified in sections 256.72 
 72.13  to 256.87 or MFIP under chapter 256J, the commissioner shall 
 72.14  reimburse the county agency from the proceeds of the recovery 
 72.15  using the applicable rate specified in paragraph (b) or (c). 
 72.16     (b) For recoveries of overpayments made on or before 
 72.17  September 30, 1996 from the aid to families with dependent 
 72.18  children program including the emergency assistance program, the 
 72.19  commissioner shall reimburse the county agency at a rate of 
 72.20  one-quarter of the recovery made by any method other than 
 72.21  recoupment. 
 72.22     (c) For recoveries of overpayments made after September 30, 
 72.23  1996, from the aid to families with dependent children including 
 72.24  the emergency assistance program and programs funded in whole or 
 72.25  in part by the Temporary Assistance to Needy Families program 
 72.26  under section 256J.02, subdivision 2, and recoveries of 
 72.27  non-federally funded food assistance under section 256J.11, the 
 72.28  commissioner shall reimburse the county agency at a rate of 
 72.29  one-quarter of the recovery made by any method other than 
 72.30  recoupment. 
 72.31     Sec. 4.  Minnesota Statutes 1998, section 256.741, is 
 72.32  amended by adding a subdivision to read: 
 72.33     Subd. 15.  [CHILD SUPPORT PASS-THROUGH.] The state shall 
 72.34  distribute current child support and maintenance received by the 
 72.35  state to an individual who assigns the right to that support 
 72.36  under subdivision 2, paragraph (a). 
 73.1      EFFECTIVE DATE:  This section is effective January 1, 2001. 
 73.2      Sec. 5.  Minnesota Statutes 1999 Supplement, section 
 73.3   256D.053, subdivision 1, is amended to read: 
 73.4      Subdivision 1.  [PROGRAM ESTABLISHED.] The Minnesota food 
 73.5   assistance program is established to provide food assistance to 
 73.6   legal noncitizens residing in this state who are ineligible to 
 73.7   participate in the federal Food Stamp Program solely due to the 
 73.8   provisions of section 402 or 403 of Public Law Number 104-193, 
 73.9   as authorized by Title VII of the 1997 Emergency Supplemental 
 73.10  Appropriations Act, Public Law Number 105-18, and as amended by 
 73.11  Public Law Number 105-185. 
 73.12     Beginning July 1, 2000, the Minnesota food assistance 
 73.13  program is limited to those noncitizens described in this 
 73.14  subdivision who are 50 years of age or older. 
 73.15     Sec. 6.  Minnesota Statutes 1999 Supplement, section 
 73.16  256J.02, subdivision 2, is amended to read: 
 73.17     Subd. 2.  [USE OF MONEY.] State money appropriated for 
 73.18  purposes of this section and TANF block grant money must be used 
 73.19  for: 
 73.20     (1) financial assistance to or on behalf of any minor child 
 73.21  who is a resident of this state under section 256J.12; 
 73.22     (2) employment and training services under this chapter or 
 73.23  chapter 256K; 
 73.24     (3) emergency financial assistance and services under 
 73.25  section 256J.48; 
 73.26     (4) diversionary assistance under section 256J.47; 
 73.27     (5) the health care and human services training and 
 73.28  retention program under chapter 116L, for costs associated with 
 73.29  families with children with incomes below 200 percent of the 
 73.30  federal poverty guidelines; 
 73.31     (6) the pathways program under section 116L.04, subdivision 
 73.32  1a; 
 73.33     (7) welfare-to-work extended employment services for MFIP 
 73.34  participants with severe impairment to employment as defined in 
 73.35  section 268A.15, subdivision 1a; 
 73.36     (8) the family homeless prevention and assistance program 
 74.1   under section 462A.204; 
 74.2      (9) the rent assistance for family stabilization 
 74.3   demonstration project under section 462A.205; and 
 74.4      (10) welfare to work transportation authorized under Public 
 74.5   Law Number 105-178; 
 74.6      (11) reimbursements for the federal share of child support 
 74.7   collections passed through to the custodial parent; 
 74.8      (12) reimbursements for the working family credit under 
 74.9   section 290.0691; and 
 74.10     (13) program administration under this chapter. 
 74.11     EFFECTIVE DATE:  This section is effective January 1, 2001. 
 74.12     Sec. 7.  [256J.021] [SEPARATE STATE PROGRAM FOR TWO-PARENT 
 74.13  FAMILIES.] 
 74.14     Starting October 1, 2000, and each year thereafter, the 
 74.15  commissioner must treat financial assistance expenditures made 
 74.16  to or on behalf of any minor child under section 256J.02, 
 74.17  subdivision 2, clause (1), who is a resident of this state under 
 74.18  section 256J.12 and who is part of a two-parent eligible 
 74.19  household as expenditures under a separately funded state 
 74.20  program and report those expenditures to the department of 
 74.21  health and human services as separate state program expenditures 
 74.22  under Code of Federal Regulations, title 45, chapter II, part 
 74.23  263.5. 
 74.24     EFFECTIVE DATE:  This section is effective January 1, 2001. 
 74.25     Sec. 8.  [256J.022] [CHILD SUPPORT PASS-THROUGH.] 
 74.26     For purposes of claiming the pass-through of child support 
 74.27  under section 256.741 as maintenance of effort for the temporary 
 74.28  assistance to needy families grant, the commissioner shall 
 74.29  exclude 50 percent of the amount passed through under section 
 74.30  256J.21, subdivision 2.  That 50 percent shall include the 
 74.31  entire state share of current child support and maintenance 
 74.32  payments and an amount of the federal share sufficient to 
 74.33  provide a disregard equivalent to 50 percent of the combined 
 74.34  state and federal shares. 
 74.35     EFFECTIVE DATE:  This section is effective January 1, 2001. 
 74.36     Sec. 9.  Minnesota Statutes 1999 Supplement, section 
 75.1   256J.08, subdivision 86, is amended to read: 
 75.2      Subd. 86.  [UNEARNED INCOME.] "Unearned income" means 
 75.3   income received by a person that does not meet the definition of 
 75.4   earned income.  Unearned income includes income from a contract 
 75.5   for deed, interest, dividends, reemployment compensation, 
 75.6   disability insurance payments, veterans benefits, pension 
 75.7   payments, return on capital investment, insurance payments or 
 75.8   settlements, severance payments, child support and maintenance 
 75.9   payments, and payments for illness or disability whether the 
 75.10  premium payments are made in whole or in part by an employer or 
 75.11  participant. 
 75.12     EFFECTIVE DATE:  This section is effective January 1, 2001. 
 75.13     Sec. 10.  Minnesota Statutes 1999 Supplement, section 
 75.14  256J.21, subdivision 2, is amended to read: 
 75.15     Subd. 2.  [INCOME EXCLUSIONS.] (a) The following must be 
 75.16  excluded in determining a family's available income: 
 75.17     (1) payments for basic care, difficulty of care, and 
 75.18  clothing allowances received for providing family foster care to 
 75.19  children or adults under Minnesota Rules, parts 9545.0010 to 
 75.20  9545.0260 and 9555.5050 to 9555.6265, and payments received and 
 75.21  used for care and maintenance of a third-party beneficiary who 
 75.22  is not a household member; 
 75.23     (2) reimbursements for employment training received through 
 75.24  the Job Training Partnership Act, United States Code, title 29, 
 75.25  chapter 19, sections 1501 to 1792b; 
 75.26     (3) reimbursement for out-of-pocket expenses incurred while 
 75.27  performing volunteer services, jury duty, employment, or 
 75.28  informal carpooling arrangements directly related to employment; 
 75.29     (4) all educational assistance, except the county agency 
 75.30  must count graduate student teaching assistantships, 
 75.31  fellowships, and other similar paid work as earned income and, 
 75.32  after allowing deductions for any unmet and necessary 
 75.33  educational expenses, shall count scholarships or grants awarded 
 75.34  to graduate students that do not require teaching or research as 
 75.35  unearned income; 
 75.36     (5) loans, regardless of purpose, from public or private 
 76.1   lending institutions, governmental lending institutions, or 
 76.2   governmental agencies; 
 76.3      (6) loans from private individuals, regardless of purpose, 
 76.4   provided an applicant or participant documents that the lender 
 76.5   expects repayment; 
 76.6      (7)(i) state income tax refunds; and 
 76.7      (ii) federal income tax refunds; 
 76.8      (8)(i) federal earned income credits; 
 76.9      (ii) Minnesota working family credits; 
 76.10     (iii) state homeowners and renters credits under chapter 
 76.11  290A; and 
 76.12     (iv) federal or state tax rebates; 
 76.13     (9) funds received for reimbursement, replacement, or 
 76.14  rebate of personal or real property when these payments are made 
 76.15  by public agencies, awarded by a court, solicited through public 
 76.16  appeal, or made as a grant by a federal agency, state or local 
 76.17  government, or disaster assistance organizations, subsequent to 
 76.18  a presidential declaration of disaster; 
 76.19     (10) the portion of an insurance settlement that is used to 
 76.20  pay medical, funeral, and burial expenses, or to repair or 
 76.21  replace insured property; 
 76.22     (11) reimbursements for medical expenses that cannot be 
 76.23  paid by medical assistance; 
 76.24     (12) payments by a vocational rehabilitation program 
 76.25  administered by the state under chapter 268A, except those 
 76.26  payments that are for current living expenses; 
 76.27     (13) in-kind income, including any payments directly made 
 76.28  by a third party to a provider of goods and services; 
 76.29     (14) assistance payments to correct underpayments, but only 
 76.30  for the month in which the payment is received; 
 76.31     (15) emergency assistance payments; 
 76.32     (16) funeral and cemetery payments as provided by section 
 76.33  256.935; 
 76.34     (17) nonrecurring cash gifts of $30 or less, not exceeding 
 76.35  $30 per participant in a calendar month; 
 76.36     (18) any form of energy assistance payment made through 
 77.1   Public Law Number 97-35, Low-Income Home Energy Assistance Act 
 77.2   of 1981, payments made directly to energy providers by other 
 77.3   public and private agencies, and any form of credit or rebate 
 77.4   payment issued by energy providers; 
 77.5      (19) Supplemental Security Income, including retroactive 
 77.6   payments; 
 77.7      (20) Minnesota supplemental aid, including retroactive 
 77.8   payments; 
 77.9      (21) proceeds from the sale of real or personal property; 
 77.10     (22) adoption assistance payments under section 259.67; 
 77.11     (23) state-funded family subsidy program payments made 
 77.12  under section 252.32 to help families care for children with 
 77.13  mental retardation or related conditions; 
 77.14     (24) interest payments and dividends from property that is 
 77.15  not excluded from and that does not exceed the asset limit; 
 77.16     (25) rent rebates; 
 77.17     (26) income earned by a minor caregiver, minor child 
 77.18  through age 6, or a minor child who is at least a half-time 
 77.19  student in an approved elementary or secondary education 
 77.20  program; 
 77.21     (27) income earned by a caregiver under age 20 who is at 
 77.22  least a half-time student in an approved elementary or secondary 
 77.23  education program; 
 77.24     (28) MFIP child care payments under section 119B.05; 
 77.25     (29) all other payments made through MFIP to support a 
 77.26  caregiver's pursuit of greater self-support; 
 77.27     (30) income a participant receives related to shared living 
 77.28  expenses; 
 77.29     (31) reverse mortgages; 
 77.30     (32) benefits provided by the Child Nutrition Act of 1966, 
 77.31  United States Code, title 42, chapter 13A, sections 1771 to 
 77.32  1790; 
 77.33     (33) benefits provided by the women, infants, and children 
 77.34  (WIC) nutrition program, United States Code, title 42, chapter 
 77.35  13A, section 1786; 
 77.36     (34) benefits from the National School Lunch Act, United 
 78.1   States Code, title 42, chapter 13, sections 1751 to 1769e; 
 78.2      (35) relocation assistance for displaced persons under the 
 78.3   Uniform Relocation Assistance and Real Property Acquisition 
 78.4   Policies Act of 1970, United States Code, title 42, chapter 61, 
 78.5   subchapter II, section 4636, or the National Housing Act, United 
 78.6   States Code, title 12, chapter 13, sections 1701 to 1750jj; 
 78.7      (36) benefits from the Trade Act of 1974, United States 
 78.8   Code, title 19, chapter 12, part 2, sections 2271 to 2322; 
 78.9      (37) war reparations payments to Japanese Americans and 
 78.10  Aleuts under United States Code, title 50, sections 1989 to 
 78.11  1989d; 
 78.12     (38) payments to veterans or their dependents as a result 
 78.13  of legal settlements regarding Agent Orange or other chemical 
 78.14  exposure under Public Law Number 101-239, section 10405, 
 78.15  paragraph (a)(2)(E); 
 78.16     (39) income that is otherwise specifically excluded from 
 78.17  MFIP consideration in federal law, state law, or federal 
 78.18  regulation; 
 78.19     (40) security and utility deposit refunds; 
 78.20     (41) American Indian tribal land settlements excluded under 
 78.21  Public Law Numbers 98-123, 98-124, and 99-377 to the Mississippi 
 78.22  Band Chippewa Indians of White Earth, Leech Lake, and Mille Lacs 
 78.23  reservations and payments to members of the White Earth Band, 
 78.24  under United States Code, title 25, chapter 9, section 331, and 
 78.25  chapter 16, section 1407; 
 78.26     (42) all income of the minor parent's parents and 
 78.27  stepparents when determining the grant for the minor parent in 
 78.28  households that include a minor parent living with parents or 
 78.29  stepparents on MFIP with other children; and 
 78.30     (43) income of the minor parent's parents and stepparents 
 78.31  equal to 200 percent of the federal poverty guideline for a 
 78.32  family size not including the minor parent and the minor 
 78.33  parent's child in households that include a minor parent living 
 78.34  with parents or stepparents not on MFIP when determining the 
 78.35  grant for the minor parent.  The remainder of income is deemed 
 78.36  as specified in section 256J.37, subdivision 1b; 
 79.1      (44) payments made to children eligible for relative 
 79.2   custody assistance under section 257.85; 
 79.3      (45) vendor payments for goods and services made on behalf 
 79.4   of a client unless the client has the option of receiving the 
 79.5   payment in cash; and 
 79.6      (46) the principal portion of a contract for deed payment; 
 79.7   and 
 79.8      (47) 50 percent of current child support and maintenance 
 79.9   payments. 
 79.10     EFFECTIVE DATE:  This section is effective January 1, 2001. 
 79.11     Sec. 11.  Minnesota Statutes 1999 Supplement, section 
 79.12  256J.33, subdivision 4, is amended to read: 
 79.13     Subd. 4.  [MONTHLY INCOME TEST.] A county agency must apply 
 79.14  the monthly income test retrospectively for each month of MFIP 
 79.15  eligibility.  An assistance unit is not eligible when the 
 79.16  countable income equals or exceeds the MFIP standard of need or 
 79.17  the family wage level for the assistance unit.  The income 
 79.18  applied against the monthly income test must include: 
 79.19     (1) gross earned income from employment, prior to mandatory 
 79.20  payroll deductions, voluntary payroll deductions, wage 
 79.21  authorizations, and after the disregards in section 256J.21, 
 79.22  subdivision 4, and the allocations in section 256J.36, unless 
 79.23  the employment income is specifically excluded under section 
 79.24  256J.21, subdivision 2; 
 79.25     (2) gross earned income from self-employment less 
 79.26  deductions for self-employment expenses in section 256J.37, 
 79.27  subdivision 5, but prior to any reductions for personal or 
 79.28  business state and federal income taxes, personal FICA, personal 
 79.29  health and life insurance, and after the disregards in section 
 79.30  256J.21, subdivision 4, and the allocations in section 256J.36; 
 79.31     (3) unearned income after deductions for allowable expenses 
 79.32  in section 256J.37, subdivision 9, and allocations in section 
 79.33  256J.36, unless the income has been specifically excluded in 
 79.34  section 256J.21, subdivision 2; 
 79.35     (4) gross earned income from employment as determined under 
 79.36  clause (1) which is received by a member of an assistance unit 
 80.1   who is a minor child or minor caregiver and less than a 
 80.2   half-time student; 
 80.3      (5) child support and spousal support received or 
 80.4   anticipated to be received by an assistance unit; 
 80.5      (6) the income of a parent when that parent is not included 
 80.6   in the assistance unit; 
 80.7      (7) the income of an eligible relative and spouse who seek 
 80.8   to be included in the assistance unit; and 
 80.9      (8) the unearned income of a minor child included in the 
 80.10  assistance unit. 
 80.11     Sec. 12.  Minnesota Statutes 1999 Supplement, section 
 80.12  256J.34, subdivision 1, is amended to read: 
 80.13     Subdivision 1.  [PROSPECTIVE BUDGETING.] A county agency 
 80.14  must use prospective budgeting to calculate the assistance 
 80.15  payment amount for the first two months for an applicant who has 
 80.16  not received assistance in this state for at least one payment 
 80.17  month preceding the first month of payment under a current 
 80.18  application.  Notwithstanding subdivision 3, paragraph (a), 
 80.19  clause (2), a county agency must use prospective budgeting for 
 80.20  the first two months for a person who applies to be added to an 
 80.21  assistance unit.  Prospective budgeting is not subject to 
 80.22  overpayments or underpayments unless fraud is determined under 
 80.23  section 256.98. 
 80.24     (a) The county agency must apply the income received or 
 80.25  anticipated in the first month of MFIP eligibility against the 
 80.26  need of the first month.  The county agency must apply the 
 80.27  income received or anticipated in the second month against the 
 80.28  need of the second month. 
 80.29     (b) When the assistance payment for any part of the first 
 80.30  two months is based on anticipated income, the county agency 
 80.31  must base the initial assistance payment amount on the 
 80.32  information available at the time the initial assistance payment 
 80.33  is made. 
 80.34     (c) The county agency must determine the assistance payment 
 80.35  amount for the first two months of MFIP eligibility by budgeting 
 80.36  both recurring and nonrecurring income for those two months. 
 81.1      (d) The county agency must budget the child support income 
 81.2   received or anticipated to be received by an assistance unit to 
 81.3   determine the assistance payment amount from the month of 
 81.4   application through the date in which MFIP eligibility is 
 81.5   determined and assistance is authorized.  Child support income 
 81.6   which has been budgeted to determine the assistance payment in 
 81.7   the initial two months is considered nonrecurring income.  An 
 81.8   assistance unit must forward any payment of child support to the 
 81.9   child support enforcement unit of the county agency following 
 81.10  the date in which assistance is authorized. 
 81.11     Sec. 13.  Minnesota Statutes 1999 Supplement, section 
 81.12  256J.34, subdivision 4, is amended to read: 
 81.13     Subd. 4.  [SIGNIFICANT CHANGE IN GROSS INCOME.] The county 
 81.14  agency must recalculate the assistance payment when an 
 81.15  assistance unit experiences a significant change, as defined in 
 81.16  section 256J.08, resulting in a reduction in the gross income 
 81.17  received in the payment month from the gross income received in 
 81.18  the budget month.  The county agency must issue a supplemental 
 81.19  assistance payment based on the county agency's best estimate of 
 81.20  the assistance unit's income and circumstances for the payment 
 81.21  month.  Supplemental assistance payments that result from 
 81.22  significant changes are limited to two in a 12-month period 
 81.23  regardless of the reason for the change.  Notwithstanding any 
 81.24  other statute or rule of law, supplementary assistance payments 
 81.25  shall not be made when the significant change in income is the 
 81.26  result of receipt of a lump sum, receipt of an extra paycheck, 
 81.27  business fluctuation in self-employment income, or an assistance 
 81.28  unit member's participation in a strike or other labor action.  
 81.29  Supplementary assistance payments due to a significant change in 
 81.30  the amount of direct support received must not be made after the 
 81.31  date the assistance unit is required to forward support to the 
 81.32  child support enforcement unit under subdivision 1, paragraph 
 81.33  (d). 
 81.34     Sec. 14.  Minnesota Statutes 1999 Supplement, section 
 81.35  256J.37, subdivision 9, is amended to read: 
 81.36     Subd. 9.  [UNEARNED INCOME.] (a) The county agency must 
 82.1   apply unearned income to the MFIP standard of need.  When 
 82.2   determining the amount of unearned income, the county agency 
 82.3   must deduct the costs necessary to secure payments of unearned 
 82.4   income.  These costs include legal fees, medical fees, and 
 82.5   mandatory deductions such as federal and state income taxes. 
 82.6      (b) Effective January 1, 2001, the county agency shall 
 82.7   count $100 of the value of public and assisted rental subsidies 
 82.8   provided through the Department of Housing and Urban Development 
 82.9   (HUD) as unearned income.  The full amount of the subsidy must 
 82.10  be counted as unearned income when the subsidy is less than $100.
 82.11     (c) The provisions of paragraph (b) shall not apply to MFIP 
 82.12  participants who are exempt from the employment and training 
 82.13  services component because they are: 
 82.14     (i) individuals who are age 60 or older; 
 82.15     (ii) individuals who are suffering from a professionally 
 82.16  certified permanent or temporary illness, injury, or incapacity 
 82.17  which is expected to continue for more than 30 days and which 
 82.18  prevents the person from obtaining or retaining employment; or 
 82.19     (iii) caregivers whose presence in the home is required 
 82.20  because of the professionally certified illness or incapacity of 
 82.21  another member in the assistance unit, a relative in the 
 82.22  household, or a foster child in the household. 
 82.23     (d) The provisions of paragraph (b) shall not apply to an 
 82.24  MFIP assistance unit where the parental caregiver receives 
 82.25  supplemental security income. 
 82.26     Sec. 15.  Minnesota Statutes 1999 Supplement, section 
 82.27  256J.46, subdivision 1, is amended to read: 
 82.28     Subdivision 1.  [SANCTIONS FOR PARTICIPANTS NOT COMPLYING 
 82.29  WITH PROGRAM REQUIREMENTS.] (a) A participant who fails without 
 82.30  good cause to comply with the requirements of this chapter, and 
 82.31  who is not subject to a sanction under subdivision 2, shall be 
 82.32  subject to a sanction as provided in this subdivision. 
 82.33     A sanction under this subdivision becomes effective the 
 82.34  month following the month in which a required notice is given.  
 82.35  A sanction must not be imposed when a participant comes into 
 82.36  compliance with the requirements for orientation under section 
 83.1   256J.45 or third-party liability for medical services under 
 83.2   section 256J.30, subdivision 10, prior to the effective date of 
 83.3   the sanction.  A sanction must not be imposed when a participant 
 83.4   comes into compliance with the requirements for employment and 
 83.5   training services under sections 256J.49 to 256J.72 ten days 
 83.6   prior to the effective date of the sanction.  For purposes of 
 83.7   this subdivision, each month that a participant fails to comply 
 83.8   with a requirement of this chapter shall be considered a 
 83.9   separate occurrence of noncompliance.  A participant who has had 
 83.10  one or more sanctions imposed must remain in compliance with the 
 83.11  provisions of this chapter for six months in order for a 
 83.12  subsequent occurrence of noncompliance to be considered a first 
 83.13  occurrence.  
 83.14     (b) Sanctions for noncompliance shall be imposed as follows:
 83.15     (1) For the first occurrence of noncompliance by a 
 83.16  participant in a single-parent household or by one participant 
 83.17  in a two-parent household, the job counselor must initiate 
 83.18  personal contact with the participant by either having a 
 83.19  personal meeting with the participant or a telephone 
 83.20  conversation with the participant.  The job counselor shall 
 83.21  thoroughly review the exemption categories and good cause 
 83.22  categories to determine if the participant falls under one or 
 83.23  more of these categories.  If the participant does not fall 
 83.24  under an exemption or good cause category, the assistance unit's 
 83.25  grant shall be reduced by ten percent of the MFIP standard of 
 83.26  need for an assistance unit of the same size with the residual 
 83.27  grant paid to the participant.  The reduction in the grant 
 83.28  amount must be in effect for a minimum of one month and shall be 
 83.29  removed in the month following the month that the participant 
 83.30  returns to compliance.  
 83.31     (2) For a second or subsequent occurrence of noncompliance, 
 83.32  or when both participants in a two-parent household are out of 
 83.33  compliance at the same time, the assistance unit's shelter costs 
 83.34  shall be vendor paid up to the amount of the cash portion of the 
 83.35  MFIP grant for which the participant's assistance unit is 
 83.36  eligible.  At county option, the assistance unit's utilities may 
 84.1   also be vendor paid up to the amount of the cash portion of the 
 84.2   MFIP grant remaining after vendor payment of the assistance 
 84.3   unit's shelter costs.  The residual amount of the grant after 
 84.4   vendor payment, if any, must be reduced by an amount equal to 30 
 84.5   percent of the MFIP standard of need for an assistance unit of 
 84.6   the same size before the residual grant is paid to the 
 84.7   assistance unit.  The reduction in the grant amount must be in 
 84.8   effect for a minimum of one month and shall be removed in the 
 84.9   month following the month that a participant in a one-parent 
 84.10  household returns to compliance.  In a two-parent household, the 
 84.11  grant reduction must be in effect for a minimum of one month and 
 84.12  shall be removed in the month following the month both 
 84.13  participants return to compliance.  The vendor payment of 
 84.14  shelter costs and, if applicable, utilities shall be removed six 
 84.15  months after the month in which the participant or participants 
 84.16  return to compliance. 
 84.17     (c) No later than during the second month that a sanction 
 84.18  under paragraph (b), clause (2), is in effect due to 
 84.19  noncompliance with employment services, the participant's case 
 84.20  file must be reviewed to determine if: 
 84.21     (i) the continued noncompliance can be explained and 
 84.22  mitigated by providing a needed preemployment activity, as 
 84.23  defined in section 256J.49, subdivision 13, clause (16); 
 84.24     (ii) the participant qualifies for a good cause exception 
 84.25  under section 256J.57; or 
 84.26     (iii) the participant qualifies for an exemption under 
 84.27  section 256J.56. 
 84.28     If the lack of an identified activity can explain the 
 84.29  noncompliance, the county must work with the participant to 
 84.30  provide the identified activity, and the county must restore the 
 84.31  participant's grant amount to the full amount for which the 
 84.32  assistance unit is eligible.  The grant must be restored 
 84.33  retroactively to the first day of the month in which the 
 84.34  participant was found to lack preemployment activities or to 
 84.35  qualify for an exemption or good cause exception. 
 84.36     If the participant is found to qualify for a good cause 
 85.1   exception or an exemption, the county must restore the 
 85.2   participant's grant to the full amount for which the assistance 
 85.3   unit is eligible. 
 85.4      Sec. 16.  Minnesota Statutes 1998, section 256J.47, 
 85.5   subdivision 1, is amended to read: 
 85.6      Subdivision 1.  [ELIGIBILITY.] A family is eligible to 
 85.7   receive diversionary assistance once every 36 12 months if: 
 85.8      (1) a family member has resided in this state for at least 
 85.9   30 days; 
 85.10     (2) the caregiver provides verification that the caregiver 
 85.11  has either experienced an unexpected occurrence that makes it 
 85.12  impossible to retain or obtain employment or the caregiver has a 
 85.13  temporary loss of income, which is not due to refusing to accept 
 85.14  or terminating suitable employment as defined in section 
 85.15  256J.49, without good cause under section 256J.57, resulting in 
 85.16  an emergency; 
 85.17     (3) the caregiver is at risk of MFIP-S eligibility if 
 85.18  diversionary assistance is not provided and household income is 
 85.19  below 140 200 percent of the federal poverty guidelines; and 
 85.20     (4) the diversionary assistance will resolve the emergency 
 85.21  and divert the family from applying for MFIP-S. 
 85.22     For purposes of this section, diversionary assistance means 
 85.23  a one-time lump-sum payment to an individual or third-party 
 85.24  vendor to prevent long-term receipt of public assistance. 
 85.25     Sec. 17.  Minnesota Statutes 1998, section 256J.50, 
 85.26  subdivision 7, is amended to read: 
 85.27     Subd. 7.  [LOCAL SERVICE UNIT PLAN.] (a) Each local or 
 85.28  county service unit shall prepare and submit a plan as specified 
 85.29  in section 268.88. 
 85.30     (b) The plan must include a description of how projects 
 85.31  funded under the local interventions for family employment in 
 85.32  section 256J.62, subdivision 3a, operate in the local service 
 85.33  unit, including: 
 85.34     (1) target population of hard-to-employ participants and 
 85.35  working participants in need of job retention and wage 
 85.36  advancement services, with a description of how individual 
 86.1   participant needs will be met; 
 86.2      (2) services that will be provided which may include, but 
 86.3   are not limited to, paid work experience, enhanced mental health 
 86.4   services, outreach to sanctioned families, child care for social 
 86.5   services, child care transition year set-aside, homeless and 
 86.6   housing advocacy, and transportation; 
 86.7      (3) a description of services the county provides, or will 
 86.8   provide, to MFIP participants affected by chemical dependency, 
 86.9   mental health issues, or family violence; 
 86.10     (4) projected expenditures by activity; and 
 86.11     (5) anticipated program outcomes, including the anticipated 
 86.12  impact the intervention efforts will have on performance 
 86.13  measures under section 256J.751 and on reducing the number of 
 86.14  MFIP participants expected to reach their 60-month time limit. 
 86.15     Each plan must demonstrate how the county or tribe is 
 86.16  working within its organization and with other organizations in 
 86.17  the community to serve hard-to-employ populations and working 
 86.18  participants in need of job retention and wage advancement 
 86.19  services, including how organizations in the community were 
 86.20  engaged in planning for use of these funds, the services other 
 86.21  entities will provide under the plan, and whether multicounty or 
 86.22  regional strategies are being implemented as part of this plan. 
 86.23     (c) The activities and the projected expenditures described 
 86.24  in the plan must enhance MFIP activities without supplanting 
 86.25  existing activities and expenditures. 
 86.26     (d) This plan must be approved before the local service 
 86.27  unit is eligible for funds from the local intervention for 
 86.28  family employment allocation in section 256J.62. 
 86.29     Sec. 18.  Minnesota Statutes 1998, section 256J.52, 
 86.30  subdivision 2, is amended to read: 
 86.31     Subd. 2.  [INITIAL ASSESSMENT.] (a) The job counselor must, 
 86.32  with the cooperation of the participant, assess the 
 86.33  participant's ability to obtain and retain employment.  This 
 86.34  initial assessment must include a review of the participant's 
 86.35  education level, prior employment or work experience, 
 86.36  transferable work skills, and existing job markets. 
 87.1      (b) The job counselor must thoroughly review the good cause 
 87.2   exemptions under section 256J.57, and exempt a participant 
 87.3   according to that section of law if the participant falls under 
 87.4   one or more of the exemption categories, and the participant 
 87.5   agrees that the participant does not wish to participate in 
 87.6   employment and training services.  If the participant does not 
 87.7   fall under an exemption category, the job counselor must 
 87.8   carefully screen the participant to determine if the participant 
 87.9   is experiencing potential barriers to employment, which may 
 87.10  include, but are not limited to, mental health problems, 
 87.11  physical impairments or disabilities, chronic health conditions, 
 87.12  chemical dependency problems, or remedial reading or math 
 87.13  skills.  If the participant is not exempt but the job counselor 
 87.14  determines that the participant has potential barriers to 
 87.15  employment that will not be overcome with job search, the job 
 87.16  counselor must conduct a secondary assessment under subdivision 
 87.17  4. 
 87.18     (c) In assessing the participant, the job counselor must 
 87.19  determine if the participant needs refresher courses for 
 87.20  professional certification or licensure, in which case, the job 
 87.21  search plan under subdivision 3 must include the courses 
 87.22  necessary to obtain the certification or licensure, in addition 
 87.23  to other work activities, provided the combination of the 
 87.24  courses and other work activities are at least for 40 hours per 
 87.25  week.  
 87.26     (c) (d) If a participant can demonstrate to the 
 87.27  satisfaction of the county agency that lack of proficiency in 
 87.28  English is a barrier to obtaining suitable employment, the job 
 87.29  counselor must include participation in an intensive English as 
 87.30  a second language program if available or otherwise a regular 
 87.31  English as a second language program in the individual's 
 87.32  employment plan under subdivision 5.  Lack of proficiency in 
 87.33  English is not necessarily a barrier to employment.  
 87.34     (d) (e) The job counselor may approve an education or 
 87.35  training plan, and postpone the job search requirement, if the 
 87.36  participant has a proposal for an education program which: 
 88.1      (1) can be completed within 12 months; 
 88.2      (2) meets the criteria of section 256J.53, subdivisions 2, 
 88.3   3, and 5; and 
 88.4      (3) is likely, without additional training, to lead to 
 88.5   monthly employment earnings which, after subtraction of the 
 88.6   earnings disregard under section 256J.21, equal or exceed the 
 88.7   family wage level for the participant's assistance unit. 
 88.8      (e) (f) A participant who, at the time of the initial 
 88.9   assessment, presents a plan that includes farming as a 
 88.10  self-employed work activity must have an employment plan 
 88.11  developed under subdivision 5 that includes the farming as an 
 88.12  approved work activity. 
 88.13     Sec. 19.  Minnesota Statutes 1999 Supplement, section 
 88.14  256J.52, subdivision 3, is amended to read: 
 88.15     Subd. 3.  [JOB SEARCH; JOB SEARCH SUPPORT PLAN.] (a) If, 
 88.16  after the initial assessment, the job counselor determines that 
 88.17  the participant possesses sufficient skills that the participant 
 88.18  is likely to succeed in obtaining suitable employment, the 
 88.19  participant must conduct job search for a period of up to eight 
 88.20  weeks, for at least 30 hours per week.  The participant must 
 88.21  accept any offer of suitable employment.  Upon agreement by the 
 88.22  job counselor and the participant, a job search support plan may 
 88.23  limit a job search to jobs that are consistent with the 
 88.24  participant's employment goal.  The job counselor and 
 88.25  participant must develop a job search support plan which 
 88.26  specifies, at a minimum:  whether the job search is to be 
 88.27  supervised or unsupervised; support services that will be 
 88.28  provided while the participant conducts job search activities; 
 88.29  the courses necessary to obtain certification or licensure, if 
 88.30  applicable, and after obtaining the license or certificate, the 
 88.31  client must comply with subdivision 5; and how frequently the 
 88.32  participant must report to the job counselor on the status of 
 88.33  the participant's job search activities.  The job search support 
 88.34  plan may also specify that the participant fulfill a specified 
 88.35  portion of the required hours of job search through attending 
 88.36  adult basic education or English as a second language classes. 
 89.1      (b) A participant with low skills in reading or mathematics 
 89.2   who is proficient only at or below an eighth-grade level must be 
 89.3   allowed to include basic education activities, which includes, 
 89.4   but is not limited to, regular or intensive English as a second 
 89.5   language activities, obtaining a GED or its equivalent, and 
 89.6   learning or enhancing soft skills, in a job search support plan. 
 89.7      (c) During the eight-week job search period, either the job 
 89.8   counselor or the participant may request a review of the 
 89.9   participant's job search plan and progress towards obtaining 
 89.10  suitable employment.  If a review is requested by the 
 89.11  participant, the job counselor must concur that the review is 
 89.12  appropriate for the participant at that time.  If a review is 
 89.13  conducted, the job counselor may make a determination to conduct 
 89.14  a secondary assessment prior to the conclusion of the job search.
 89.15     (c) (d) Failure to conduct the required job search, to 
 89.16  accept any offer of suitable employment, to develop or comply 
 89.17  with a job search support plan, or voluntarily quitting suitable 
 89.18  employment without good cause results in the imposition of a 
 89.19  sanction under section 256J.46.  If at the end of eight weeks 
 89.20  the participant has not obtained suitable employment, the job 
 89.21  counselor must conduct a secondary assessment of the participant 
 89.22  under subdivision 3 4. 
 89.23     Sec. 20.  Minnesota Statutes 1999 Supplement, section 
 89.24  256J.52, subdivision 4, is amended to read: 
 89.25     Subd. 4.  [SECONDARY ASSESSMENT.] (a) The job counselor 
 89.26  must conduct a secondary assessment for those participants who: 
 89.27     (1) in the judgment of the job counselor, have barriers to 
 89.28  obtaining employment that will not be overcome with a job search 
 89.29  support plan under subdivision 3; 
 89.30     (2) have completed eight weeks of job search under 
 89.31  subdivision 3 without obtaining or retaining suitable 
 89.32  employment; 
 89.33     (3) have not received a secondary assessment, are working 
 89.34  at least 20 hours per week, and the participant, job counselor, 
 89.35  or county agency requests a secondary assessment; or 
 89.36     (4) have an existing job search plan or employment plan 
 90.1   developed for another program or are already involved in 
 90.2   training or education activities under section 256J.55, 
 90.3   subdivision 5. 
 90.4      (b) In the secondary assessment the job counselor must 
 90.5   evaluate the participant's skills and prior work experience, 
 90.6   family circumstances, interests and abilities, need for 
 90.7   preemployment activities, supportive or educational services, 
 90.8   and the extent of any barriers to employment.  Failure to 
 90.9   complete a secondary assessment shall result in the imposition 
 90.10  of a sanction as specified in sections 256J.46 and 256J.57.  The 
 90.11  job counselor must use the information gathered through the 
 90.12  secondary assessment to develop an employment plan under 
 90.13  subdivision 5. 
 90.14     (c) The job counselor may require the participant to 
 90.15  complete a professional chemical use assessment to be performed 
 90.16  according to the rules adopted under section 254A.03, 
 90.17  subdivision 3, including provisions in the administrative rules 
 90.18  which recognize the cultural background of the participant, or a 
 90.19  professional psychological assessment by a qualified mental 
 90.20  health professional as a component of the secondary assessment, 
 90.21  when the job counselor has a reasonable belief, based on 
 90.22  objective evidence, that a participant's ability to obtain and 
 90.23  retain suitable employment is impaired by a medical condition 
 90.24  mental health or chemical abuse problem.  The job counselor may 
 90.25  must ensure that appropriate services, including counseling, 
 90.26  treatment, child care assistance, and transportation, are 
 90.27  available to the participant to meet needs identified by the 
 90.28  assessment.  Data gathered as part of a professional assessment 
 90.29  must be classified and disclosed according to the provisions in 
 90.30  section 13.46. 
 90.31     (d) The provider shall make available to participants 
 90.32  information regarding additional vendors or resources which 
 90.33  provide employment and training services that may be available 
 90.34  to the participant under a plan developed under this section.  
 90.35  At a minimum, the provider must make available information on 
 90.36  the following resources:  business and higher education 
 91.1   partnerships operated under the Minnesota job skills 
 91.2   partnership, community and technical colleges, adult basic 
 91.3   education programs, and services offered by vocational 
 91.4   rehabilitation programs.  The information must include a brief 
 91.5   summary of services provided and related performance 
 91.6   indicators.  Performance indicators must include, but are not 
 91.7   limited to, the average time to complete program offerings, 
 91.8   placement rates, entry and average wages, and retention rates.  
 91.9   To be included in the information given to participants, a 
 91.10  vendor or resource must provide counties with relevant 
 91.11  information in the format required by the county. 
 91.12     Sec. 21.  Minnesota Statutes 1999 Supplement, section 
 91.13  256J.52, subdivision 5, is amended to read: 
 91.14     Subd. 5.  [EMPLOYMENT PLAN; CONTENTS.] (a) Based on the 
 91.15  secondary assessment under subdivision 4, the job counselor and 
 91.16  the participant must develop an employment plan for the 
 91.17  participant that includes specific activities that are tied to 
 91.18  an employment goal and a plan for long-term self-sufficiency, 
 91.19  and that is designed to move the participant along the most 
 91.20  direct path to unsubsidized employment.  The employment plan 
 91.21  must list the specific steps that will be taken to obtain 
 91.22  employment and a timetable for completion of each of the steps.  
 91.23  Upon agreement by the job counselor and the participant, the 
 91.24  employment plan may limit a job search to jobs that are 
 91.25  consistent with the participant's employment goal.  
 91.26     (b) As part of the development of the participant's 
 91.27  employment plan, the participant shall have the option of 
 91.28  selecting from among the vendors or resources that the job 
 91.29  counselor determines will be effective in supplying one or more 
 91.30  of the services necessary to meet the employment goals specified 
 91.31  in the participant's plan. In compiling the list of vendors and 
 91.32  resources that the job counselor determines would be effective 
 91.33  in meeting the participant's employment goals, the job counselor 
 91.34  must determine that adequate financial resources are available 
 91.35  for the vendors or resources ultimately selected by the 
 91.36  participant.  
 92.1      (c) A participant with low skills in reading or mathematics 
 92.2   who is proficient only at or below an eighth-grade level must be 
 92.3   allowed to include basic education activities, which includes, 
 92.4   but is not limited to, regular to intensive English as a second 
 92.5   language activities, obtaining a GED or its equivalent, and 
 92.6   learning or enhancing soft skills, in an employment plan. 
 92.7      (d) The job counselor and the participant must sign the 
 92.8   developed plan to indicate agreement between the job counselor 
 92.9   and the participant on the contents of the plan. 
 92.10     Sec. 22.  [256J.522] [24 MONTHS OF EDUCATION.] 
 92.11     Subdivision 1.  [INITIAL ASSESSMENT.] (a) The job counselor 
 92.12  must, with the cooperation of the participant, assess the 
 92.13  participant's ability to obtain and retain employment.  This 
 92.14  initial assessment must include a review of the participant's 
 92.15  education level, prior employment or work experience, 
 92.16  transferable work skills, and existing job markets. 
 92.17     (b) In assessing the participant, the job counselor must 
 92.18  determine if the participant needs refresher courses for 
 92.19  professional certification or licensure, in which case, the job 
 92.20  search plan under section 256J.52, subdivision 3, must include 
 92.21  the courses necessary to obtain the certification or licensure, 
 92.22  in addition to other work activities, provided the combination 
 92.23  of the courses and other work activities are at least for 40 
 92.24  hours per week.  
 92.25     (c) The job counselor shall approve an education or 
 92.26  training plan, and postpone the job search requirement, if less 
 92.27  than 30 percent of the statewide MFIP caseload is participating 
 92.28  in education and training, and if the participant has a proposal 
 92.29  for an education program which: 
 92.30     (1) can be completed within 24 months; 
 92.31     (2) meets the criteria of section 256J.53, subdivisions 2, 
 92.32  3, and 5; and 
 92.33     (3) is likely, without additional training, to lead to 
 92.34  monthly employment earnings which, after subtraction of the 
 92.35  earnings disregard under section 256J.21, equal or exceed the 
 92.36  family wage level for the participant's assistance unit. 
 93.1      (d) A participant who, at the time of the initial 
 93.2   assessment, presents a plan that includes farming as a 
 93.3   self-employed work activity must have an employment plan 
 93.4   developed under section 256J.52, subdivision 5, that includes 
 93.5   the farming as an approved work activity. 
 93.6      If an education or training program is approved, the 
 93.7   participant must maintain satisfactory progress in the program 
 93.8   as required under section 256J.53, subdivision 3.  The 
 93.9   participant is not limited to one education or training program 
 93.10  but may participate in education or training programs that meet 
 93.11  the criteria in this paragraph, up to a total of 24 months.  Job 
 93.12  search as required under section 256J.53, subdivision 5, applies 
 93.13  to participants approved for an education program under this 
 93.14  section. 
 93.15     Subd. 2.  [LENGTH OF PROGRAM.] In order for a 
 93.16  post-secondary education or training program to be approved work 
 93.17  activity as defined in section 256J.49, subdivision 13, clause 
 93.18  (18), it must be a program lasting 24 months or less, and the 
 93.19  participant must meet the requirements of subdivision 3, and 
 93.20  section 256J.53, subdivision 3.  
 93.21     Subd. 3.  [DOCUMENTATION SUPPORTING PROGRAM.] (a) In order 
 93.22  for a post-secondary education or training program to be an 
 93.23  approved activity in a participant's employment plan, the 
 93.24  participant or the employment and training service provider must 
 93.25  provide documentation that: 
 93.26     (1) the participant's employment plan identifies specific 
 93.27  goals that can only be met with the additional education or 
 93.28  training; 
 93.29     (2) there are suitable employment opportunities that 
 93.30  require the specific education or training in the area in which 
 93.31  the participant resides or is willing to reside; 
 93.32     (3) the education or training will result in significantly 
 93.33  higher wages for the participant than the participant could earn 
 93.34  without the education or training; 
 93.35     (4) the participant can meet the requirements for admission 
 93.36  into the program; and 
 94.1      (5) there is a reasonable expectation that the participant 
 94.2   will complete the training program based on such factors as the 
 94.3   participant's MFIP assessment, previous education, training, and 
 94.4   work history; current motivation; and changes in previous 
 94.5   circumstances. 
 94.6      (b) The job counselor shall approve an education or 
 94.7   training program that meets the requirements under paragraph (a).
 94.8      Subd. 4.  [SUNSET.] The provisions in this section 
 94.9   supersede Minnesota Statutes, sections 256J.52, subdivision 2; 
 94.10  256J.53, subdivision 1; and 256J.53, subdivision 2, from July 1, 
 94.11  2000, to June 30, 2002.  On June 30, 2002, this section sunsets 
 94.12  and beginning July 1, 2002, Minnesota Statutes, sections 
 94.13  256J.53, subdivision 2; 256J.53, subdivision 1; and 256J.53, 
 94.14  subdivision 2, are in full force and effect. 
 94.15     Sec. 23.  Minnesota Statutes 1998, section 256J.53, 
 94.16  subdivision 3, is amended to read: 
 94.17     Subd. 3.  [SATISFACTORY PROGRESS REQUIRED.] In order for 
 94.18  a post-secondary education or training program to be an approved 
 94.19  activity in a participant's employment plan participant to 
 94.20  continue with post-secondary education or training, the 
 94.21  participant must maintain satisfactory progress in the program.  
 94.22  "Satisfactory progress" in an education or training program 
 94.23  means (1) the participant remains in good standing while the 
 94.24  participant is enrolled in the program, as defined by the 
 94.25  education or training institution, or (2) the participant makes 
 94.26  satisfactory progress as the term is defined in the 
 94.27  participant's employment plan. 
 94.28     Sec. 24.  Minnesota Statutes 1999 Supplement, section 
 94.29  256J.56, is amended to read: 
 94.30     256J.56 [EMPLOYMENT AND TRAINING SERVICES COMPONENT; 
 94.31  EXEMPTIONS.] 
 94.32     (a) An MFIP caregiver is exempt from the requirements of 
 94.33  sections 256J.52 to 256J.55 if the caregiver belongs to any of 
 94.34  the following groups: 
 94.35     (1) individuals who are age 60 or older; 
 94.36     (2) individuals who are suffering from a professionally 
 95.1   certified permanent or temporary illness, injury, or incapacity 
 95.2   which is expected to continue for more than 30 days and which 
 95.3   prevents the person from obtaining or retaining employment.  
 95.4   Persons in this category with a temporary illness, injury, or 
 95.5   incapacity must be reevaluated at least quarterly; 
 95.6      (3) caregivers whose presence in the home is required 
 95.7   because of the professionally certified illness or incapacity of 
 95.8   another member in the assistance unit, a relative in the 
 95.9   household, or a foster child in the household; 
 95.10     (4) women who are pregnant, if the pregnancy has resulted 
 95.11  in a professionally certified incapacity that prevents the woman 
 95.12  from obtaining or retaining employment; 
 95.13     (5) caregivers of a child under the age of one year who 
 95.14  personally provide full-time care for the child.  This exemption 
 95.15  may be used for only 12 months in a lifetime.  In two-parent 
 95.16  households, only one parent or other relative may qualify for 
 95.17  this exemption; 
 95.18     (6) individuals who are single parents, or one parent in a 
 95.19  two-parent family, employed at least 35 hours per week; 
 95.20     (7) individuals experiencing a personal or family crisis 
 95.21  that makes them incapable of participating in the program, as 
 95.22  determined by the county agency.  If the participant does not 
 95.23  agree with the county agency's determination, the participant 
 95.24  may seek professional certification, as defined in section 
 95.25  256J.08, that the participant is incapable of participating in 
 95.26  the program. 
 95.27     Persons in this exemption category must be reevaluated 
 95.28  every 60 days; or 
 95.29     (8) second parents in two-parent families employed for 20 
 95.30  or more hours per week, provided the first parent is employed at 
 95.31  least 35 hours per week; or 
 95.32     (9) caregivers with a child or an adult in the household 
 95.33  who meets the disability or medical criteria for home care 
 95.34  services under section 256B.0627, subdivision 1, paragraph (c), 
 95.35  or a home and community-based waiver services program under 
 95.36  chapter 256B, or meets the criteria for severe emotional 
 96.1   disturbance under section 245.4871, subdivision 6, or for 
 96.2   serious and persistent mental illness under section 245.462, 
 96.3   subdivision 20, paragraph (c).  Caregivers in this exemption 
 96.4   category are presumed to be prevented from obtaining or 
 96.5   retaining employment. 
 96.6      A caregiver who is exempt under clause (5) must enroll in 
 96.7   and attend an early childhood and family education class, a 
 96.8   parenting class, or some similar activity, if available, during 
 96.9   the period of time the caregiver is exempt under this section.  
 96.10  Notwithstanding section 256J.46, failure to attend the required 
 96.11  activity shall not result in the imposition of a sanction. 
 96.12     (b) The county agency must provide employment and training 
 96.13  services to MFIP caregivers who are exempt under this section, 
 96.14  but who volunteer to participate.  Exempt volunteers may request 
 96.15  approval for any work activity under section 256J.49, 
 96.16  subdivision 13.  The hourly participation requirements for 
 96.17  nonexempt caregivers under section 256J.50, subdivision 5, do 
 96.18  not apply to exempt caregivers who volunteer to participate. 
 96.19     Sec. 25.  Minnesota Statutes 1998, section 256J.62, is 
 96.20  amended by adding a subdivision to read: 
 96.21     Subd. 3a.  [LOCAL INTERVENTIONS FOR FAMILY EMPLOYMENT.] (a) 
 96.22  Of the local intervention for family employment funds 
 96.23  appropriated for that purpose, 80 percent shall be allocated to 
 96.24  counties and tribes based on the average proportion of the MFIP 
 96.25  caseload that has received MFIP assistance for 24 of the last 36 
 96.26  months, as sampled on March 31, June 30, September 30, and 
 96.27  December 31 of the previous calendar year, less the number of 
 96.28  child only cases and cases where all the caregivers are age 60 
 96.29  or over.  Two-parent cases, with the exception of those with a 
 96.30  caregiver age 60 or over, will be multiplied by a factor of two. 
 96.31     (b) Counties or tribes must have an approved local service 
 96.32  unit plan under section 256J.50, subdivision 7, paragraph (b), 
 96.33  in order to expend funds under this section.  The commissioner 
 96.34  may approve funding for a county or tribe at less than the 
 96.35  amount allocated under paragraph (a) based on plan review, or at 
 96.36  more than allocated under paragraph (a) based on paragraph (c). 
 97.1      (c) Of the local intervention for family employment funds 
 97.2   appropriated for that purpose, 20 percent shall be retained by 
 97.3   the commissioner and awarded to counties or tribes whose local 
 97.4   service unit plans under section 256J.50, subdivision 7, 
 97.5   paragraph (b), demonstrate additional need based on their 
 97.6   identification of hard-to-employ families and working 
 97.7   participants in need of job retention and wage advancement 
 97.8   services, strong anticipated outcomes for families and an 
 97.9   effective plan for monitoring performance, or, use of a 
 97.10  multientity or regional approach to serve hard-to-employ 
 97.11  families and working participants in need of job retention and 
 97.12  wage advancement services who are identified as a target 
 97.13  population to be served in the plan submitted under section 
 97.14  256J.50, subdivision 7, paragraph (b). 
 97.15     The commissioner may award funds under this paragraph to 
 97.16  other public, private, or nonprofit entities to deliver services 
 97.17  in a county or region where the entity or entities submit a plan 
 97.18  that demonstrates nonduplication of services, a strong 
 97.19  capability to fulfill the terms of the plan, and an innovative 
 97.20  or multientity approach. 
 97.21     (d) If a county or tribe does not submit a local service 
 97.22  unit plan under section 256J.50, subdivision 7, paragraph (b), 
 97.23  or if the plan is not approved or is not approved at the full 
 97.24  amount allocated to the county or tribe under paragraph (a), 
 97.25  remaining funds under paragraph (a) may be used by the 
 97.26  commissioner to contract with other public, private, or 
 97.27  nonprofit entities in the county or region to deliver services 
 97.28  that meet the purposes of paragraph (b) of the federal TANF 
 97.29  funds appropriations section in article 1. 
 97.30     (e) Counties and tribes must submit semiannual progress 
 97.31  reports detailing program outcomes. 
 97.32     (f) Intervention fund money may not be expended on TANF 
 97.33  assistance as defined in the Code of Federal Regulations, title 
 97.34  45, section 260.31.  
 97.35     Sec. 26.  [256J.88] [CHILD ONLY TANF PROGRAM.] 
 97.36     Children who receive assistance under this chapter, in 
 98.1   which the assistance unit does not include a caregiver, but only 
 98.2   includes a minor child, shall become part of the program 
 98.3   established under this section. 
 98.4      Sec. 27.  [REPORT RELATED TO MFIP SANCTIONS.] 
 98.5      The commissioner of human services shall provide a report 
 98.6   to the chairs of the house and senate policy and fiscal 
 98.7   committees having jurisdiction over issues related to MFIP, 
 98.8   which provides information on the number of MFIP participants, 
 98.9   since the program started in 1998, who have been sanctioned for 
 98.10  three or more months at the 30 percent sanction level, and also, 
 98.11  if available, the reason for the sanction.  The report is due 
 98.12  November 1, 2000. 
 98.13     Sec. 28.  [DAKOTA COUNTY DIVERSION PILOT PROJECT.] 
 98.14     The commissioner of human services and representatives of 
 98.15  the Dakota county employment and economic assistance department 
 98.16  shall plan a Dakota county diversion pilot project to encourage 
 98.17  rapid entrance into the work force and to improve employability 
 98.18  and self-sufficiency for MFIP eligible families.  The pilot 
 98.19  project must be designed so that it does not result in any 
 98.20  additional program costs for the Minnesota family investment 
 98.21  program (MFIP).  The project is intended to test the use of 
 98.22  assistance combined with enhanced employment services as a way 
 98.23  of diverting families from MFIP. 
 98.24     By December 1, 2000, Dakota county and the commissioner of 
 98.25  human services shall submit a proposal for the pilot project to 
 98.26  the chairs of the house health and human services finance 
 98.27  committee and the senate health and family security budget 
 98.28  division.  The proposal shall include: 
 98.29     (1) a description of the project, including the possibility 
 98.30  that the program could, if successful, be recommended for 
 98.31  continuation on a permanent basis in Dakota county or statewide; 
 98.32     (2) how client sanctions for failure to comply with program 
 98.33  requirements would be defined for the project; 
 98.34     (3) how the project could be tracked and evaluated; 
 98.35     (4) projected program cost savings, if any; and 
 98.36     (5) fiscal implications, if any, of modifying the MAXIS 
 99.1   system for the pilot project. 
 99.2      Sec. 29.  [REPEALER.] 
 99.3      (a) Laws 1997, chapter 203, article 9, section 21, is 
 99.4   repealed. 
 99.5      (b) Laws 1998, chapter 407, article 6, section 111, is 
 99.6   repealed. 
 99.7                              ARTICLE 5
 99.8                        TECHNICAL CORRECTIONS
 99.9      Section 1.  Minnesota Statutes 1999 Supplement, section 
 99.10  62J.535, subdivision 2, is amended to read: 
 99.11     Subd. 2.  [COMPLIANCE.] (a) Concurrent with the effective 
 99.12  dates date of required compliance established under United 
 99.13  States Code, title 42, sections 1320d to 1320d-8, as amended 
 99.14  from time to time, for uniform electronic billing standards, all 
 99.15  health care providers must conform to the uniform billing 
 99.16  standards developed under subdivision 1. 
 99.17     (b) Notwithstanding paragraph (a), the requirements for the 
 99.18  uniform remittance advice report shall be effective 12 months 
 99.19  after the date of the required compliance of the standards for 
 99.20  the electronic remittance advice transaction are effective under 
 99.21  United States Code, title 42, sections 1320d to 1320d-8, as 
 99.22  amended from time to time. 
 99.23     EFFECTIVE DATE:  This section is effective the day 
 99.24  following final enactment. 
 99.25     Sec. 2.  Minnesota Statutes 1998, section 125A.74, 
 99.26  subdivision 1, is amended to read: 
 99.27     Subdivision 1.  [ELIGIBILITY.] A district may enroll as a 
 99.28  provider in the medical assistance program and receive medical 
 99.29  assistance payments for covered special education services 
 99.30  provided to persons eligible for medical assistance under 
 99.31  chapter 256B.  To receive medical assistance payments, the 
 99.32  district must pay the nonfederal share of medical assistance 
 99.33  services provided according to section 256B.0625, subdivision 
 99.34  26, and comply with relevant provisions of state and federal 
 99.35  statutes and regulations governing the medical assistance 
 99.36  program. 
100.1      EFFECTIVE DATE:  This section is effective July 1, 2000. 
100.2      Sec. 3.  Minnesota Statutes 1998, section 125A.74, 
100.3   subdivision 2, is amended to read: 
100.4      Subd. 2.  [FUNDING.] A district that provides a covered 
100.5   service to an eligible person and complies with relevant 
100.6   requirements of the medical assistance program is entitled to 
100.7   receive payment for the service provided, including that portion 
100.8   of the payment services that will subsequently be reimbursed by 
100.9   the federal government, in the same manner as other medical 
100.10  assistance providers.  The school district is not required to 
100.11  provide matching funds or pay part of the costs of the service, 
100.12  as long as the rate charged for the service does not exceed 
100.13  medical assistance limits that apply to all medical assistance 
100.14  providers. 
100.15     EFFECTIVE DATE:  This section is effective July 1, 2000. 
100.16     Sec. 4.  Minnesota Statutes 1999 Supplement, section 
100.17  144.395, is amended by adding a subdivision to read: 
100.18     Subd. 3.  [SUNSET.] The tobacco use prevention and local 
100.19  public health endowment fund expires June 30, 2015.  Upon 
100.20  expiration, the commissioner of finance shall transfer the 
100.21  principal and any remaining interest to the general fund.  
100.22     EFFECTIVE DATE:  This section is effective the day 
100.23  following final enactment. 
100.24     Sec. 5.  Minnesota Statutes 1999 Supplement, section 
100.25  144.396, subdivision 11, is amended to read: 
100.26     Subd. 11.  [AUDITS REQUIRED.] The legislative auditor shall 
100.27  audit tobacco use prevention and local public health endowment 
100.28  fund expenditures to ensure that the money is spent for tobacco 
100.29  use prevention measures and public health initiatives.  
100.30     EFFECTIVE DATE:  This section is effective the day 
100.31  following final enactment. 
100.32     Sec. 6.  Minnesota Statutes 1999 Supplement, section 
100.33  144.396, subdivision 12, is amended to read: 
100.34     Subd. 12.  [ENDOWMENT FUND NOT TO SUPPLANT EXISTING 
100.35  FUNDING.] Appropriations from the account tobacco use prevention 
100.36  and local public health endowment fund must not be used as a 
101.1   substitute for traditional sources of funding tobacco use 
101.2   prevention activities or public health initiatives.  Any local 
101.3   unit of government receiving money under this section must 
101.4   ensure that existing local financial efforts remain in place.  
101.5      EFFECTIVE DATE:  This section is effective the day 
101.6   following final enactment. 
101.7      Sec. 7.  Minnesota Statutes 1999 Supplement, section 
101.8   256B.0916, subdivision 1, is amended to read: 
101.9      Subdivision 1.  [REDUCTION OF WAITING LIST.] (a) The 
101.10  legislature recognizes that as of January 1, 1999, 3,300 persons 
101.11  with mental retardation or related conditions have been screened 
101.12  and determined eligible for the home and community-based waiver 
101.13  services program for persons with mental retardation or related 
101.14  conditions.  Many wait for several years before receiving 
101.15  service. 
101.16     (b) The waiting list for this program shall be reduced or 
101.17  eliminated by June 30, 2003.  In order to reduce the number of 
101.18  eligible persons waiting for identified services provided 
101.19  through the home and community-based waiver for persons with 
101.20  mental retardation or related conditions, during the period from 
101.21  July 1, 1999, to June 30, 2003, funding shall be increased to 
101.22  add 100 additional eligible persons each year beyond the 
101.23  February 1999 medical assistance forecast. 
101.24     (c) The commissioner shall allocate resources in such a 
101.25  manner as to use all resources budgeted for the home and 
101.26  community-based waiver for persons with mental retardation or 
101.27  related conditions according to the priorities listed in 
101.28  subdivision 2, paragraph (b), and then to serve other persons on 
101.29  the waiting list.  Resources allocated for a fiscal year to 
101.30  serve persons affected by public and private sector ICF/MR 
101.31  closures, but not expected to be expended for that purpose, must 
101.32  be reallocated within that fiscal year to serve other persons on 
101.33  the waiting list, and the number of waiver diversion slots shall 
101.34  be adjusted accordingly. 
101.35     (d) For fiscal year 2001, at least one-half of the increase 
101.36  in funding over the previous year provided in the February 1999 
102.1   medical assistance forecast for the home and community-based 
102.2   waiver for persons with mental retardation and related 
102.3   conditions, including changes made by the 1999 legislature, must 
102.4   be used to serve persons who are not affected by public and 
102.5   private sector ICF/MR closures. 
102.6      EFFECTIVE DATE:  This section is effective the day 
102.7   following final enactment. 
102.8      Sec. 8.  Minnesota Statutes 1999 Supplement, section 
102.9   256D.03, subdivision 4, is amended to read: 
102.10     Subd. 4.  [GENERAL ASSISTANCE MEDICAL CARE; SERVICES.] (a) 
102.11  For a person who is eligible under subdivision 3, paragraph (a), 
102.12  clause (3), general assistance medical care covers, except as 
102.13  provided in paragraph (c): 
102.14     (1) inpatient hospital services; 
102.15     (2) outpatient hospital services; 
102.16     (3) services provided by Medicare certified rehabilitation 
102.17  agencies; 
102.18     (4) prescription drugs and other products recommended 
102.19  through the process established in section 256B.0625, 
102.20  subdivision 13; 
102.21     (5) equipment necessary to administer insulin and 
102.22  diagnostic supplies and equipment for diabetics to monitor blood 
102.23  sugar level; 
102.24     (6) eyeglasses and eye examinations provided by a physician 
102.25  or optometrist; 
102.26     (7) hearing aids; 
102.27     (8) prosthetic devices; 
102.28     (9) laboratory and X-ray services; 
102.29     (10) physician's services; 
102.30     (11) medical transportation; 
102.31     (12) chiropractic services as covered under the medical 
102.32  assistance program; 
102.33     (13) podiatric services; 
102.34     (14) dental services; 
102.35     (15) outpatient services provided by a mental health center 
102.36  or clinic that is under contract with the county board and is 
103.1   established under section 245.62; 
103.2      (16) day treatment services for mental illness provided 
103.3   under contract with the county board; 
103.4      (17) prescribed medications for persons who have been 
103.5   diagnosed as mentally ill as necessary to prevent more 
103.6   restrictive institutionalization; 
103.7      (18) psychological services, medical supplies and 
103.8   equipment, and Medicare premiums, coinsurance and deductible 
103.9   payments; 
103.10     (19) medical equipment not specifically listed in this 
103.11  paragraph when the use of the equipment will prevent the need 
103.12  for costlier services that are reimbursable under this 
103.13  subdivision; 
103.14     (20) services performed by a certified pediatric nurse 
103.15  practitioner, a certified family nurse practitioner, a certified 
103.16  adult nurse practitioner, a certified obstetric/gynecological 
103.17  nurse practitioner, a certified neonatal nurse practitioner, or 
103.18  a certified geriatric nurse practitioner in independent 
103.19  practice, if (1) the service is otherwise covered under this 
103.20  chapter as a physician service, (2) a the service provided on an 
103.21  inpatient basis is not included as part of the cost for 
103.22  inpatient services included in the operating payment rate, and 
103.23  (3) the service is within the scope of practice of the nurse 
103.24  practitioner's license as a registered nurse, as defined in 
103.25  section 148.171; 
103.26     (21) services of a certified public health nurse or a 
103.27  registered nurse practicing in a public health nursing clinic 
103.28  that is a department of, or that operates under the direct 
103.29  authority of, a unit of government, if the service is within the 
103.30  scope of practice of the public health nurse's license as a 
103.31  registered nurse, as defined in section 148.171; and 
103.32     (22) telemedicine consultations, to the extent they are 
103.33  covered under section 256B.0625, subdivision 3b.  
103.34     (b) Except as provided in paragraph (c), for a recipient 
103.35  who is eligible under subdivision 3, paragraph (a), clause (1) 
103.36  or (2), general assistance medical care covers the services 
104.1   listed in paragraph (a) with the exception of special 
104.2   transportation services. 
104.3      (c) Gender reassignment surgery and related services are 
104.4   not covered services under this subdivision unless the 
104.5   individual began receiving gender reassignment services prior to 
104.6   July 1, 1995.  
104.7      (d) In order to contain costs, the commissioner of human 
104.8   services shall select vendors of medical care who can provide 
104.9   the most economical care consistent with high medical standards 
104.10  and shall where possible contract with organizations on a 
104.11  prepaid capitation basis to provide these services.  The 
104.12  commissioner shall consider proposals by counties and vendors 
104.13  for prepaid health plans, competitive bidding programs, block 
104.14  grants, or other vendor payment mechanisms designed to provide 
104.15  services in an economical manner or to control utilization, with 
104.16  safeguards to ensure that necessary services are provided.  
104.17  Before implementing prepaid programs in counties with a county 
104.18  operated or affiliated public teaching hospital or a hospital or 
104.19  clinic operated by the University of Minnesota, the commissioner 
104.20  shall consider the risks the prepaid program creates for the 
104.21  hospital and allow the county or hospital the opportunity to 
104.22  participate in the program in a manner that reflects the risk of 
104.23  adverse selection and the nature of the patients served by the 
104.24  hospital, provided the terms of participation in the program are 
104.25  competitive with the terms of other participants considering the 
104.26  nature of the population served.  Payment for services provided 
104.27  pursuant to this subdivision shall be as provided to medical 
104.28  assistance vendors of these services under sections 256B.02, 
104.29  subdivision 8, and 256B.0625.  For payments made during fiscal 
104.30  year 1990 and later years, the commissioner shall consult with 
104.31  an independent actuary in establishing prepayment rates, but 
104.32  shall retain final control over the rate methodology.  
104.33  Notwithstanding the provisions of subdivision 3, an individual 
104.34  who becomes ineligible for general assistance medical care 
104.35  because of failure to submit income reports or recertification 
104.36  forms in a timely manner, shall remain enrolled in the prepaid 
105.1   health plan and shall remain eligible for general assistance 
105.2   medical care coverage through the last day of the month in which 
105.3   the enrollee became ineligible for general assistance medical 
105.4   care. 
105.5      (e) The commissioner of human services may reduce payments 
105.6   provided under sections 256D.01 to 256D.21 and 261.23 in order 
105.7   to remain within the amount appropriated for general assistance 
105.8   medical care, within the following restrictions: 
105.9      (i) For the period July 1, 1985 to December 31, 1985, 
105.10  reductions below the cost per service unit allowable under 
105.11  section 256.966, are permitted only as follows:  payments for 
105.12  inpatient and outpatient hospital care provided in response to a 
105.13  primary diagnosis of chemical dependency or mental illness may 
105.14  be reduced no more than 30 percent; payments for all other 
105.15  inpatient hospital care may be reduced no more than 20 percent.  
105.16  Reductions below the payments allowable under general assistance 
105.17  medical care for the remaining general assistance medical care 
105.18  services allowable under this subdivision may be reduced no more 
105.19  than ten percent. 
105.20     (ii) For the period January 1, 1986 to December 31, 1986, 
105.21  reductions below the cost per service unit allowable under 
105.22  section 256.966 are permitted only as follows:  payments for 
105.23  inpatient and outpatient hospital care provided in response to a 
105.24  primary diagnosis of chemical dependency or mental illness may 
105.25  be reduced no more than 20 percent; payments for all other 
105.26  inpatient hospital care may be reduced no more than 15 percent.  
105.27  Reductions below the payments allowable under general assistance 
105.28  medical care for the remaining general assistance medical care 
105.29  services allowable under this subdivision may be reduced no more 
105.30  than five percent. 
105.31     (iii) For the period January 1, 1987 to June 30, 1987, 
105.32  reductions below the cost per service unit allowable under 
105.33  section 256.966 are permitted only as follows:  payments for 
105.34  inpatient and outpatient hospital care provided in response to a 
105.35  primary diagnosis of chemical dependency or mental illness may 
105.36  be reduced no more than 15 percent; payments for all other 
106.1   inpatient hospital care may be reduced no more than ten 
106.2   percent.  Reductions below the payments allowable under medical 
106.3   assistance for the remaining general assistance medical care 
106.4   services allowable under this subdivision may be reduced no more 
106.5   than five percent.  
106.6      (iv) For the period July 1, 1987 to June 30, 1988, 
106.7   reductions below the cost per service unit allowable under 
106.8   section 256.966 are permitted only as follows:  payments for 
106.9   inpatient and outpatient hospital care provided in response to a 
106.10  primary diagnosis of chemical dependency or mental illness may 
106.11  be reduced no more than 15 percent; payments for all other 
106.12  inpatient hospital care may be reduced no more than five percent.
106.13  Reductions below the payments allowable under medical assistance 
106.14  for the remaining general assistance medical care services 
106.15  allowable under this subdivision may be reduced no more than 
106.16  five percent. 
106.17     (v) For the period July 1, 1988 to June 30, 1989, 
106.18  reductions below the cost per service unit allowable under 
106.19  section 256.966 are permitted only as follows:  payments for 
106.20  inpatient and outpatient hospital care provided in response to a 
106.21  primary diagnosis of chemical dependency or mental illness may 
106.22  be reduced no more than 15 percent; payments for all other 
106.23  inpatient hospital care may not be reduced.  Reductions below 
106.24  the payments allowable under medical assistance for the 
106.25  remaining general assistance medical care services allowable 
106.26  under this subdivision may be reduced no more than five percent. 
106.27     (f) There shall be no copayment required of any recipient 
106.28  of benefits for any services provided under this subdivision.  A 
106.29  hospital receiving a reduced payment as a result of this section 
106.30  may apply the unpaid balance toward satisfaction of the 
106.31  hospital's bad debts. 
106.32     (g) (f) Any county may, from its own resources, provide 
106.33  medical payments for which state payments are not made. 
106.34     (h) (g) Chemical dependency services that are reimbursed 
106.35  under chapter 254B must not be reimbursed under general 
106.36  assistance medical care. 
107.1      (i) (h) The maximum payment for new vendors enrolled in the 
107.2   general assistance medical care program after the base year 
107.3   shall be determined from the average usual and customary charge 
107.4   of the same vendor type enrolled in the base year. 
107.5      (j) (i) The conditions of payment for services under this 
107.6   subdivision are the same as the conditions specified in rules 
107.7   adopted under chapter 256B governing the medical assistance 
107.8   program, unless otherwise provided by statute or rule. 
107.9      EFFECTIVE DATE:  This section is effective the day 
107.10  following final enactment. 
107.11     Sec. 9.  Minnesota Statutes 1999 Supplement, section 
107.12  256J.11, subdivision 2, is amended to read: 
107.13     Subd. 2.  [NONCITIZENS; FOOD PORTION.] Notwithstanding Laws 
107.14  1998, chapter 407, article 6, section 111, state dollars shall 
107.15  fund the food portion of a noncitizen's MFIP benefits when 
107.16  federal food stamp dollars cannot be used to fund those 
107.17  benefits.  The assistance provided under this subdivision, which 
107.18  is designated as a supplement to replace lost benefits under the 
107.19  federal food stamp program, must be disregarded as income in all 
107.20  programs that do not count food stamps as income where the 
107.21  commissioner has the authority to make the income disregard 
107.22  determination for the program. 
107.23     EFFECTIVE DATE:  This section is effective the day 
107.24  following final enactment. 
107.25     Sec. 10.  Laws 1999, chapter 245, article 1, section 2, 
107.26  subdivision 5, is amended to read: 
107.27  Subd. 5.  Basic Health Care Grants
107.28                Summary by Fund
107.29  General             867,174,000   916,234,000
107.30  Health Care
107.31  Access              116,490,000   145,469,000
107.32  The amounts that may be spent from this 
107.33  appropriation for each purpose are as 
107.34  follows: 
107.35  (a) Minnesota Care Grants-
107.36  Health Care
107.37  Access              116,490,000   145,469,000
107.38  [HOSPITAL INPATIENT COPAYMENTS.] The 
107.39  commissioner of human services may 
108.1   require hospitals to refund hospital 
108.2   inpatient copayments paid by enrollees 
108.3   pursuant to Minnesota Statutes, section 
108.4   256L.03, subdivision 5, between March 
108.5   1, 1999, and December 31, 1999.  If the 
108.6   commissioner requires hospitals to 
108.7   refund these copayments, the hospitals 
108.8   shall collect the copayment directly 
108.9   from the commissioner. 
108.10  [MINNESOTACARE OUTREACH FEDERAL 
108.11  MATCHING FUNDS.] Any federal matching 
108.12  funds received as a result of the 
108.13  MinnesotaCare outreach activities 
108.14  authorized by Laws 1997, chapter 225, 
108.15  article 7, section 2, subdivision 1, 
108.16  shall be deposited in the health care 
108.17  access fund and dedicated to the 
108.18  commissioner to be used for those 
108.19  outreach purposes. 
108.20  [FEDERAL RECEIPTS FOR ADMINISTRATION.] 
108.21  Receipts received as a result of 
108.22  federal participation pertaining to 
108.23  administrative costs of the Minnesota 
108.24  health care reform waiver shall be 
108.25  deposited as nondedicated revenue in 
108.26  the health care access fund.  Receipts 
108.27  received as a result of federal 
108.28  participation pertaining to grants 
108.29  shall be deposited in the federal fund 
108.30  and shall offset health care access 
108.31  funds for payments to providers. 
108.32  [HEALTH CARE ACCESS FUND.] The 
108.33  commissioner may expend money 
108.34  appropriated from the health care 
108.35  access fund for MinnesotaCare in either 
108.36  fiscal year of the biennium. 
108.37  (b) MA Basic Health Care Grants-
108.38  Families and Children
108.39  General             307,053,000   320,112,000
108.40  [COMMUNITY DENTAL CLINICS.] Of this 
108.41  appropriation, $600,000 in fiscal year 
108.42  2000 is for the commissioner to provide 
108.43  start-up grants to establish community 
108.44  dental clinics under Minnesota 
108.45  Statutes, section 256B.76, paragraph 
108.46  (b), clause (5) (4).  The commissioner 
108.47  shall award grants and shall require 
108.48  grant recipients to match the state 
108.49  grant with nonstate funding on a 
108.50  one-to-one basis.  This is a one-time 
108.51  appropriation and shall not become part 
108.52  of base level funding for this activity 
108.53  for the 2002-2003 biennium. 
108.54  (c) MA Basic Health Care Grants- 
108.55  Elderly & Disabled
108.56  General             404,814,000   451,928,000
108.57  [SURCHARGE COMPLIANCE.] In the event 
108.58  that federal financial participation in 
108.59  the Minnesota medical assistance 
108.60  program is reduced as a result of a 
108.61  determination that the surcharge and 
108.62  intergovernmental transfers governed by 
109.1   Minnesota Statutes, sections 256.9657 
109.2   and 256B.19 are out of compliance with 
109.3   United States Code, title 42, section 
109.4   1396b(w), or its implementing 
109.5   regulations or with any other federal 
109.6   law designed to restrict provider tax 
109.7   programs or intergovernmental 
109.8   transfers, the commissioner shall 
109.9   appeal the determination to the fullest 
109.10  extent permitted by law and may ratably 
109.11  reduce all medical assistance and 
109.12  general assistance medical care 
109.13  payments to providers other than the 
109.14  state of Minnesota in order to 
109.15  eliminate any shortfall resulting from 
109.16  the reduced federal funding.  Any 
109.17  amount later recovered through the 
109.18  appeals process shall be used to 
109.19  reimburse providers for any ratable 
109.20  reductions taken. 
109.21  [BLOOD PRODUCTS LITIGATION.] To the 
109.22  extent permitted by federal law, 
109.23  Minnesota Statutes, section 256.015, 
109.24  256B.042, and 256B.15, are waived as 
109.25  necessary for the limited purpose of 
109.26  resolving the state's claims in 
109.27  connection with In re Factor VIII or IX 
109.28  Concentrate Blood Products Litigation, 
109.29  MDL-986, No. 93-C7452 (N.D.III.). 
109.30  (d) General Assistance Medical Care
109.31  General             141,805,000   128,012,000
109.32  (e) Basic Health Care - Nonentitlement
109.33  General              13,502,000    16,182,000
109.34  [DENTAL ACCESS GRANT.] Of this 
109.35  appropriation, $75,000 is from the 
109.36  general fund to the commissioner in 
109.37  fiscal year 2000 for a grant to a 
109.38  nonprofit dental provider group 
109.39  operating a dental clinic in Clay 
109.40  county.  The grant must be used to 
109.41  increase access to dental services for 
109.42  recipients of medical assistance, 
109.43  general assistance medical care, and 
109.44  the MinnesotaCare program in the 
109.45  northwest area of the state.  This 
109.46  appropriation is available the day 
109.47  following final enactment. 
109.48     EFFECTIVE DATE:  This section is effective the day 
109.49  following final enactment. 
109.50     Sec. 11.  Laws 1999, chapter 245, article 1, section 2, 
109.51  subdivision 8, is amended to read: 
109.52  Subd. 8.  Continuing Care and 
109.53  Community Support Grants
109.54  General           1,174,195,000 1,259,767,000
109.55  Lottery Prize         1,158,000     1,158,000
109.56  The amounts that may be spent from this 
109.57  appropriation for each purpose are as 
110.1   follows: 
110.2   (a) Community Social Services
110.3   Block Grants
110.4       42,597,000     43,498,000 
110.5   [CSSA TRADITIONAL APPROPRIATION.] 
110.6   Notwithstanding Minnesota Statutes, 
110.7   section 256E.06, subdivisions 1 and 2, 
110.8   the appropriations available under that 
110.9   section in fiscal years 2000 and 2001 
110.10  must be distributed to each county 
110.11  proportionately to the aid received by 
110.12  the county in calendar year 1998.  The 
110.13  commissioner, in consultation with 
110.14  counties, shall study the formula 
110.15  limitations in subdivision 2 of that 
110.16  section, and report findings and any 
110.17  recommendations for revision of the 
110.18  CSSA formula and its formula limitation 
110.19  provisions to the legislature by 
110.20  January 15, 2000. 
110.21  (b) Consumer Support Grants
110.22       1,123,000      1,123,000 
110.23  (c) Aging Adult Service Grants
110.24       7,965,000      7,765,000 
110.25  [LIVING-AT-HOME/BLOCK NURSE PROGRAM.] 
110.26  Of the general fund appropriation, 
110.27  $120,000 in fiscal year 2000 and 
110.28  $120,000 in fiscal year 2001 is for the 
110.29  commissioner to provide funding to six 
110.30  additional living-at-home/block nurse 
110.31  programs.  This appropriation shall 
110.32  become part of the base for the 
110.33  2002-2003 biennium. 
110.34  [MINNESOTA SENIOR SERVICE CORPS.] Of 
110.35  this appropriation, $160,000 for the 
110.36  biennium is from the general fund to 
110.37  the commissioner for the following 
110.38  purposes: 
110.39  (a) $40,000 in fiscal year 2000 and 
110.40  $40,000 in fiscal year 2001 is to 
110.41  increase the hourly stipend by ten 
110.42  cents per hour in the foster 
110.43  grandparent program, the retired and 
110.44  senior volunteer program, and the 
110.45  senior companion program. 
110.46  (b) $40,000 in fiscal year 2000 and 
110.47  $40,000 in fiscal year 2001 is for a 
110.48  grant to the tri-valley opportunity 
110.49  council in Crookston to expand services 
110.50  in the ten-county area of northwestern 
110.51  Minnesota. 
110.52  (c) This appropriation shall become 
110.53  part of the base for the 2002-2003 
110.54  biennium.
110.55  [HEALTH INSURANCE COUNSELING.] Of this 
110.56  appropriation, $100,000 in fiscal year 
110.57  2000 and $100,000 in fiscal year 2001 
110.58  is from the general fund to the 
111.1   commissioner to transfer to the board 
111.2   on aging for the purpose of awarding 
111.3   health insurance counseling and 
111.4   assistance grants to the area agencies 
111.5   on aging providing state-funded health 
111.6   insurance counseling services.  Access 
111.7   to health insurance counseling programs 
111.8   shall be provided by the senior linkage 
111.9   line service of the board on aging and 
111.10  the area agencies on aging. The board 
111.11  on aging shall explore opportunities 
111.12  for obtaining alternative funding from 
111.13  nonstate sources, including 
111.14  contributions from individuals seeking 
111.15  health insurance counseling services.  
111.16  This is a one-time appropriation and 
111.17  shall not become part of base level 
111.18  funding for this activity for the 
111.19  2002-2003 biennium. 
111.20  (d) Deaf and Hard-of-Hearing 
111.21  Services Grants
111.22       1,859,000      1,760,000 
111.23  [SERVICES TO DEAF PERSONS WITH MENTAL 
111.24  ILLNESS.] Of this appropriation, 
111.25  $100,000 each year is to the 
111.26  commissioner for a grant to a nonprofit 
111.27  agency that currently serves deaf and 
111.28  hard-of-hearing adults with mental 
111.29  illness through residential programs 
111.30  and supported housing outreach.  The 
111.31  grant must be used to operate a 
111.32  community support program for persons 
111.33  with mental illness that is 
111.34  communicatively accessible for persons 
111.35  who are deaf or hard-of-hearing.  This 
111.36  is a one-time appropriation and shall 
111.37  not become part of base level funding 
111.38  for this activity for the 2002-2003 
111.39  biennium. 
111.40  [DEAF-BLIND ORIENTATION AND MOBILITY 
111.41  SERVICES.] Of this appropriation, 
111.42  $120,000 for the biennium is to the 
111.43  commissioner for a grant to Deaf-Blind 
111.44  Services Minnesota to hire an 
111.45  orientation and mobility specialist to 
111.46  work with deaf-blind people.  The 
111.47  specialist will provide services to 
111.48  deaf-blind Minnesotans, and training to 
111.49  teachers and rehabilitation counselors, 
111.50  on a statewide basis.  This is a 
111.51  one-time appropriation and shall not 
111.52  become part of base level funding for 
111.53  this activity for the 2002-2003 
111.54  biennium. 
111.55  (e) Mental Health Grants
111.56  General          45,169,000     46,528,000 
111.57  Lottery Prize     1,158,000      1,158,000 
111.58  [CRISIS HOUSING.] Of the general fund 
111.59  appropriation, $126,000 in fiscal year 
111.60  2000 and $150,000 in fiscal year 2001 
111.61  is to the commissioner for the adult 
111.62  mental illness crisis housing 
111.63  assistance program under Minnesota 
112.1   Statutes, section 245.99.  This 
112.2   appropriation shall become part of the 
112.3   base for the 2002-2003 biennium. 
112.4   [ADOLESCENT COMPULSIVE GAMBLING GRANT.] 
112.5   $150,000 in fiscal year 2000 and 
112.6   $150,000 in fiscal year 2001 is 
112.7   appropriated from the lottery prize 
112.8   fund created under Minnesota Statutes, 
112.9   section 349A.10, subdivision 2, to the 
112.10  commissioner for the purposes of a 
112.11  grant to a compulsive gambling council 
112.12  located in St. Louis county for a 
112.13  statewide compulsive gambling 
112.14  prevention and education project for 
112.15  adolescents. 
112.16  (f) Developmental Disabilities
112.17  Community Support Grants
112.18     9,323,000     10,958,000 
112.19  [CRISIS INTERVENTION PROJECT.] Of this 
112.20  appropriation, $40,000 in fiscal year 
112.21  2000 is to the commissioner for the 
112.22  action, support, and prevention project 
112.23  of southeastern Minnesota. 
112.24  [SILS FUNDING.] Of this appropriation, 
112.25  $1,000,000 each year is for 
112.26  semi-independent living services under 
112.27  Minnesota Statutes, section 252.275. 
112.28  This appropriation must be added to the 
112.29  base level funding for this activity 
112.30  for the 2002-2003 biennium.  Unexpended 
112.31  funds for fiscal year 2000 do not 
112.32  cancel but are available to the 
112.33  commissioner for this purpose in fiscal 
112.34  year 2001. 
112.35  [FAMILY SUPPORT GRANTS.] Of this 
112.36  appropriation, $1,000,000 in fiscal 
112.37  year 2000 and $2,500,000 in fiscal year 
112.38  2001 is to increase the availability of 
112.39  family support grants under Minnesota 
112.40  Statutes, section 252.32.  This 
112.41  appropriation must be added to the base 
112.42  level funding for this activity for the 
112.43  2002-2003 biennium.  Unexpended funds 
112.44  for fiscal year 2000 do not cancel but 
112.45  are available to the commissioner for 
112.46  this purpose in fiscal year 2001. 
112.47  (g) Medical Assistance Long-Term 
112.48  Care Waivers and Home Care
112.49     349,052,000    414,240,000 
112.50  [PROVIDER RATE INCREASES.] (a) The 
112.51  commissioner shall increase 
112.52  reimbursement rates by four percent the 
112.53  first year of the biennium and by three 
112.54  percent the second year for the 
112.55  providers listed in paragraph (b).  The 
112.56  increases shall be effective for 
112.57  services rendered on or after July 1 of 
112.58  each year. 
112.59  (b) The rate increases described in 
112.60  this section shall be provided to home 
112.61  and community-based waivered services 
113.1   for persons with mental retardation or 
113.2   related conditions under Minnesota 
113.3   Statutes, section 256B.501; home and 
113.4   community-based waivered services for 
113.5   the elderly under Minnesota Statutes, 
113.6   section 256B.0915; waivered services 
113.7   under community alternatives for 
113.8   disabled individuals under Minnesota 
113.9   Statutes, section 256B.49; community 
113.10  alternative care waivered services 
113.11  under Minnesota Statutes, section 
113.12  256B.49; traumatic brain injury 
113.13  waivered services under Minnesota 
113.14  Statutes, section 256B.49; nursing 
113.15  services and home health services under 
113.16  Minnesota Statutes, section 256B.0625, 
113.17  subdivision 6a; personal care services 
113.18  and nursing supervision of personal 
113.19  care services under Minnesota Statutes, 
113.20  section 256B.0625, subdivision 19a; 
113.21  private-duty nursing services under 
113.22  Minnesota Statutes, section 256B.0625, 
113.23  subdivision 7; day training and 
113.24  habilitation services for adults with 
113.25  mental retardation or related 
113.26  conditions under Minnesota Statutes, 
113.27  sections 252.40 to 252.46; alternative 
113.28  care services under Minnesota Statutes, 
113.29  section 256B.0913; adult residential 
113.30  program grants under Minnesota Rules, 
113.31  parts 9535.2000 to 9535.3000; adult and 
113.32  family community support grants under 
113.33  Minnesota Rules, parts 9535.1700 to 
113.34  9535.1760; semi-independent living 
113.35  services under Minnesota Statutes, 
113.36  section 252.275, including SILS funding 
113.37  under county social services grants 
113.38  formerly funded under Minnesota 
113.39  Statutes, chapter 256I; and community 
113.40  support services for deaf and 
113.41  hard-of-hearing adults with mental 
113.42  illness who use or wish to use sign 
113.43  language as their primary means of 
113.44  communication. 
113.45  (c) The commissioner shall increase 
113.46  reimbursement rates by two percent for 
113.47  the group residential housing 
113.48  supplementary service rate under 
113.49  Minnesota Statutes, section 256I.05, 
113.50  subdivision 1a, for services rendered 
113.51  on or after January 1, 2000. 
113.52  (d) Providers that receive a rate 
113.53  increase under this section shall use 
113.54  at least 80 percent of the additional 
113.55  revenue to increase the compensation 
113.56  paid to employees other than the 
113.57  administrator and central office staff. 
113.58  (e) A copy of the provider's plan for 
113.59  complying with paragraph (d) must be 
113.60  made available to all employees.  This 
113.61  must be done by giving each employee a 
113.62  copy or by posting it in an area of the 
113.63  provider's operation to which all 
113.64  employees have access.  If an employee 
113.65  does not receive the salary adjustment 
113.66  described in the plan and is unable to 
113.67  resolve the problem with the provider, 
113.68  the employee may contact the employee's 
114.1   union representative.  If the employee 
114.2   is not covered by a collective 
114.3   bargaining agreement, the employee may 
114.4   contact the commissioner at a phone 
114.5   number provided by the commissioner and 
114.6   included in the provider's plan. 
114.7   (f) Section 13, sunset of uncodified 
114.8   language, does not apply to this 
114.9   provision. 
114.10  [DEVELOPMENTAL DISABILITIES WAIVER 
114.11  SLOTS.] Of this appropriation, 
114.12  $1,746,000 in fiscal year 2000 and 
114.13  $4,683,000 in fiscal year 2001 is to 
114.14  increase the availability of home and 
114.15  community-based waiver services for 
114.16  persons with mental retardation or 
114.17  related conditions.  
114.18  (h) Medical Assistance Long-Term
114.19  Care Facilities
114.20     546,228,000    558,349,000 
114.21  [MORATORIUM EXCEPTIONS.] Of this 
114.22  appropriation, $250,000 in fiscal year 
114.23  2000 and $250,000 in fiscal year 2001 
114.24  is from the general fund to the 
114.25  commissioner for the medical assistance 
114.26  costs of moratorium exceptions approved 
114.27  by the commissioner of health under 
114.28  Minnesota Statutes, section 144A.073.  
114.29  Unexpended money appropriated for 
114.30  fiscal year 2000 shall not cancel but 
114.31  shall be available for fiscal year 2001.
114.32  [NURSING FACILITY OPERATED BY THE RED 
114.33  LAKE BAND OF CHIPPEWA INDIANS.] (1) The 
114.34  medical assistance payment rates for 
114.35  the 47-bed nursing facility operated by 
114.36  the Red Lake Band of Chippewa Indians 
114.37  must be calculated according to 
114.38  allowable reimbursement costs under the 
114.39  medical assistance program, as 
114.40  specified in Minnesota Statutes, 
114.41  section 246.50, and are subject to the 
114.42  facility-specific Medicare upper limits.
114.43  (2) In addition, the commissioner shall 
114.44  make available an operating payment 
114.45  rate adjustment effective July 1, 1999, 
114.46  and July 1, 2000, that is equal to the 
114.47  adjustment provided under Minnesota 
114.48  Statutes, section 256B.431, subdivision 
114.49  28.  The commissioner must use the 
114.50  facility's final 1998 and 1999 Medicare 
114.51  cost reports, respectively, to 
114.52  calculate the adjustment.  The 
114.53  adjustment shall be available based on 
114.54  a plan submitted and approved according 
114.55  to Minnesota Statutes, section 
114.56  256B.431, subdivision 28.  Section 13, 
114.57  sunset of uncodified language, does not 
114.58  apply to this paragraph. 
114.59  [COSTS RELATED TO FACILITY 
114.60  CERTIFICATION.] Of this appropriation, 
114.61  $168,000 is for the costs of providing 
114.62  one-half the state share of medical 
114.63  assistance reimbursement for 
115.1   residential and day habilitation 
115.2   services under article 3, section 39 43.
115.3   This amount is available the day 
115.4   following final enactment. 
115.5   (i) Alternative Care Grants  
115.6   General              60,873,000    59,981,000
115.7   [ALTERNATIVE CARE TRANSFER.] Any money 
115.8   allocated to the alternative care 
115.9   program that is not spent for the 
115.10  purposes indicated does not cancel but 
115.11  shall be transferred to the medical 
115.12  assistance account. 
115.13  [PREADMISSION SCREENING AMOUNT.] The 
115.14  preadmission screening payment to all 
115.15  counties shall continue at the payment 
115.16  amount in effect for fiscal year 1999. 
115.17  [ALTERNATIVE CARE APPROPRIATION.] The 
115.18  commissioner may expend the money 
115.19  appropriated for the alternative care 
115.20  program for that purpose in either year 
115.21  of the biennium. 
115.22  (j) Group Residential Housing
115.23  General              66,477,000    70,390,000
115.24  [GROUP RESIDENTIAL FACILITY FOR WOMEN 
115.25  IN RAMSEY COUNTY.] (a) Notwithstanding 
115.26  Minnesota Statutes 1998, section 
115.27  256I.05, subdivision 1d, the new 23-bed 
115.28  group residential facility for women in 
115.29  Ramsey county, with approval by the 
115.30  county agency, may negotiate a 
115.31  supplementary service rate in addition 
115.32  to the board and lodging rate for 
115.33  facilities licensed and registered by 
115.34  the Minnesota department of health 
115.35  under Minnesota Statutes, section 15.17 
115.36  157.17.  The supplementary service rate 
115.37  shall not exceed $564 per person per 
115.38  month and the total rate may not exceed 
115.39  $1,177 per person per month. 
115.40  (b) Of the general fund appropriation, 
115.41  $19,000 in fiscal year 2000 and $38,000 
115.42  in fiscal year 2001 is to the 
115.43  commissioner for the costs associated 
115.44  with paragraph (a).  This appropriation 
115.45  shall become part of the base for the 
115.46  2002-2003 biennium. 
115.47  (k) Chemical Dependency
115.48  Entitlement Grants
115.49  General              36,751,000    38,847,000
115.50  (l) Chemical Dependency 
115.51  Nonentitlement Grants
115.52  General               6,778,000     6,328,000
115.53  [CHEMICAL DEPENDENCY SERVICES.] Of this 
115.54  appropriation, $450,000 in fiscal year 
115.55  2000 is to the commissioner for 
115.56  chemical dependency services to persons 
115.57  who qualify under Minnesota Statutes, 
116.1   section 254B.04, subdivision 1, 
116.2   paragraph (b). 
116.3      EFFECTIVE DATE:  This section is effective the day 
116.4   following final enactment. 
116.5      Sec. 12.  Laws 1999, chapter 245, article 4, section 121, 
116.6   is amended to read: 
116.7      Sec. 121.  [EFFECTIVE DATE.] 
116.8      (a) Sections 3, 5, 45, and 97, paragraph (d), and 98, 
116.9   paragraph (d), are effective July 1, 2000. 
116.10     (b) Section 56 is effective upon federal approval. 
116.11     EFFECTIVE DATE:  This section is effective the day 
116.12  following final enactment. 
116.13     Sec. 13.  [REPEALER.] 
116.14     (a) Minnesota Statutes 1999 Supplement, section 144.396, 
116.15  subdivision 13, is repealed.  
116.16     (b) Laws 1997, chapter 203, article 7, section 27, is 
116.17  repealed.  
116.18     EFFECTIVE DATE:  This section is effective the day 
116.19  following final enactment. 
116.20                             ARTICLE 6 
116.21                           APPROPRIATIONS 
116.22  Section 1.  [ECONOMIC DEVELOPMENT; APPROPRIATIONS.] 
116.23     The sums shown in the columns marked "APPROPRIATIONS" are 
116.24  appropriated from the general fund, or another named fund, to 
116.25  the agencies and for the purposes specified in this article, to 
116.26  be available for the fiscal years indicated for each purpose.  
116.27  The figures "2000" and "2001," where used in this article, mean 
116.28  that the appropriation or appropriations listed under them are 
116.29  available for the year ending June 30, 2000, or June 30, 2001, 
116.30  respectively.  The term "first year" means the fiscal year 
116.31  ending June 30, 2000, and "second year" means the fiscal year 
116.32  ending June 30, 2001. 
116.33                          SUMMARY BY FUND
116.34                            2000          2001           TOTAL
116.35  General              $  5,000,000   $ 69,886,000   $ 74,886,000
116.36  TANF                      -0-            250,000        250,000
117.1   LCMR                      -0-            225,000        225,000
117.2   Workforce
117.3   Development Fund          -0-          5,576,000      5,576,000 
117.4   TOTAL                $  5,000,000   $ 75,937,000   $ 80,937,000
117.5                                              APPROPRIATIONS 
117.6                                          Available for the Year 
117.7                                              Ending June 30 
117.8                                             2000         2001 
117.9   Sec. 2.  TRADE AND ECONOMIC DEVELOPMENT 
117.10  Subdivision 1.  Total       
117.11  Appropriation                           5,000,000   11,855,000
117.12                Summary by Fund
117.13  General               5,000,000     9,180,000
117.14  LCMR                    -0-           225,000
117.15  Workforce 
117.16  Development Fund        -0-         2,450,000 
117.17  The amounts that may be spent from this 
117.18  appropriation for each program are 
117.19  specified in the following subdivisions.
117.20  Subd. 2.  Business and Community 
117.21  Development                               -0-     11,855,000
117.22                Summary by Fund
117.23  General                 -0-          9,180,000
117.24  LCMR                    -0-           225,000
117.25  Workforce 
117.26  Development Fund        -0-         2,450,000
117.27  $400,000 the second year is for a grant 
117.28  to Advantage Minnesota, Inc.  The funds 
117.29  are available only if matched on at 
117.30  least a dollar-for-dollar basis from 
117.31  other sources.  This is a one-time 
117.32  appropriation and is not added to the 
117.33  agency's budget base.  The commissioner 
117.34  may release the funds only upon: 
117.35  (1) certification that matching funds 
117.36  from each participating organization 
117.37  are available; and 
117.38  (2) review and approval by the 
117.39  commissioner of the proposed operations 
117.40  plan of Advantage Minnesota, Inc. for 
117.41  the biennium. 
117.42  $1,000,000 in the second year is for 
117.43  catalyst grants to local governments to 
117.44  expand telecommunications capacity in 
117.45  areas of Minnesota that have limited 
117.46  capacity.  Grants are for capital 
117.47  expenditures related to providing 
117.48  Internet access to residences and 
117.49  businesses using either traditional 
117.50  fiber optic cable or wireless 
117.51  technology, including, but not limited 
117.52  to, multipoint microwave distribution.  
118.1   The commissioner shall award catalyst 
118.2   grants for at least one rural and one 
118.3   urban wireless project.  Eligible 
118.4   capital expenditures include equipment 
118.5   and construction costs but do not 
118.6   include the costs of planning, 
118.7   engineering, or preliminary design.  
118.8   The commissioner, after consultation 
118.9   with the commissioner of 
118.10  administration, shall award catalyst 
118.11  grants according to a competitive grant 
118.12  process.  A preference shall be given 
118.13  for projects that will enable both 
118.14  business and residential Internet 
118.15  access at speeds of at least 512 
118.16  kilobytes per second.  Grant requests 
118.17  shall be made by application to the 
118.18  commissioner of trade and economic 
118.19  development.  The application must, at 
118.20  a minimum, document for each applicant 
118.21  the following: 
118.22  (1) intent to aggregate, or current 
118.23  aggregation of, demand for services 
118.24  among private, nonprofit, and public 
118.25  sector within or among communities; 
118.26  (2) the extent to which the proposal 
118.27  involves private-public shared funding 
118.28  and collaborative planning among 
118.29  different economic and government 
118.30  sectors, including, but not limited to, 
118.31  private sector providers, public sector 
118.32  technology investments such as the 
118.33  state information infrastructure, 
118.34  library systems, health care providers, 
118.35  businesses, schools, and other 
118.36  educational institutions, and the 
118.37  nonprofit sector to leverage public and 
118.38  private investments to the maximum 
118.39  benefit of all citizens; 
118.40  (3) the extent to which the supporting 
118.41  information infrastructure employs an 
118.42  open network architecture that will 
118.43  ensure interconnectivity and 
118.44  interoperability across community 
118.45  sectors; and 
118.46  (4) the existence of a comprehensive 
118.47  technology plan that integrates 
118.48  technology goals with community and 
118.49  economic development goals for the 
118.50  community and region. 
118.51  The maximum catalyst grant for any 
118.52  project is $250,000 or 25 percent of 
118.53  the eligible capital expenditures, 
118.54  whichever is less.  This is a one-time 
118.55  appropriation and is not added to the 
118.56  agency's budget base. 
118.57  $500,000 in the second year is for a 
118.58  grant to the community resources 
118.59  program under Minnesota Statutes, 
118.60  chapter 466A.  This is a one-time 
118.61  appropriation and is not added to the 
118.62  agency's budget base.  
118.63  $200,000 the second year is for a grant 
118.64  to the board of the rural policy and 
119.1   development center for operation of the 
119.2   center.  This is a one-time 
119.3   appropriation and is not added to the 
119.4   agency's budget base.  This 
119.5   appropriation is available as matched 
119.6   in cash on a dollar-for-dollar basis 
119.7   from nonstate sources. 
119.8   $950,000 the second year is for a grant 
119.9   to Lifetrack Resources, Inc., for 
119.10  programs to improve the 
119.11  self-sufficiency of persons who are 
119.12  disadvantaged, including services in 
119.13  the CAREER collaborative for refugees 
119.14  and immigrants related to developing 
119.15  job-seeking skills and workplace 
119.16  orientation, functional work English, 
119.17  and on-site job coaching.  Of this 
119.18  appropriation, $500,000 is from the 
119.19  general fund and $450,000 is from the 
119.20  workforce development fund.  Of this 
119.21  amount, $450,000 is to provide services 
119.22  in the metropolitan area and $500,000 
119.23  is to provide similar services to 
119.24  similar clientele in Willmar, Albert 
119.25  Lea, Austin, Rochester, and Marshall 
119.26  either directly by Lifetrack Resources, 
119.27  Inc., or through contracts with other 
119.28  service providers.  
119.29  $2,000,000 the second year is from the 
119.30  work force development fund for the 
119.31  jobs skills partnership board to make 
119.32  distance-work grants under Minnesota 
119.33  Statutes, section 116L.16.  This 
119.34  appropriation is available until 
119.35  expended.  This is a one-time 
119.36  appropriation and is not added to the 
119.37  agency's budget base.  
119.38  $250,000 the second year is for 
119.39  separate grants of $125,000 to the 
119.40  cities of Minneapolis and St. Paul for 
119.41  the purpose of programs related to the 
119.42  retrofitting and reinventing of aging 
119.43  commercial corridors in those cities.  
119.44  This is a one-time appropriation and is 
119.45  not added to the agency's budget base.  
119.46  $1,000,000 is for grants to owners or 
119.47  operators of convenience stores to 
119.48  provide assistance in paying the cost 
119.49  of acquiring and installing or 
119.50  upgrading security cameras in 
119.51  convenience stores. 
119.52  To the extent that money is available 
119.53  under this appropriation, a grant must 
119.54  be made if the commissioner is 
119.55  satisfied that the applicant meets the 
119.56  following requirements: 
119.57  (1) the applicant is the owner or 
119.58  operator of a convenience store as 
119.59  defined in Minnesota Statutes, section 
119.60  299G.19, subdivision 1, which was open 
119.61  for business no later than the date of 
119.62  final enactment of this act; and 
119.63  (2) when installed or upgraded, the 
119.64  security camera meets the requirements 
120.1   of Minnesota Statutes, section 299G.19, 
120.2   subdivision 2, and is installed or 
120.3   upgraded no later than January 1, 2003. 
120.4   A grant under this provision is limited 
120.5   to 50 percent of the cost of 
120.6   acquisition and installation or 
120.7   upgrading of the security camera and 
120.8   may not exceed $5,000 per convenience 
120.9   store. 
120.10  The appropriation in this section 
120.11  remains available until expended.  This 
120.12  is a one-time appropriation and is not 
120.13  added to the budget base of the 
120.14  department. 
120.15  $4,916,000 in the second year is for 
120.16  grants to cities for community 
120.17  rehabilitation projects, including 
120.18  improvements to municipal steam heating 
120.19  systems.  This is a one-time 
120.20  appropriation and is not added to the 
120.21  agency's budget base. 
120.22  $50,000 the second year is for a grant 
120.23  to county and district agricultural 
120.24  societies and associations that are 
120.25  eligible to receive aid under Minnesota 
120.26  Statutes, section 38.02.  The 
120.27  commissioner shall administer this 
120.28  appropriation pursuant to a need-based 
120.29  competitive grant process.  This is a 
120.30  one-time appropriation and is not added 
120.31  to the agency's budget base. 
120.32  $216,000 in the second year is for 
120.33  one-time rural job creation grants 
120.34  under Minnesota Statutes, section 
120.35  469.309.  This is a one-time 
120.36  appropriation and is not added to the 
120.37  agency's budget base. 
120.38  $725,000 in the second year is for a 
120.39  grant to the city of Duluth for repair 
120.40  and restoration of the aerial lift 
120.41  bridge.  This is a one-time 
120.42  appropriation and is not added to the 
120.43  agency's budget base. 
120.44  $100,000 in the second year is for a 
120.45  grant to the city of St. Paul for 
120.46  native landscaping along trunk highway 
120.47  No. 5 from the Minneapolis-St. Paul 
120.48  International Airport to the Fort 
120.49  Snelling tunnel and improved 
120.50  landscaping on West Seventh Street from 
120.51  the Mississippi river to I-35E.  This 
120.52  is a one-time appropriation and is not 
120.53  added to the agency's budget base. 
120.54  $98,000 in the second year is for a 
120.55  grant to the Neighborhood Development 
120.56  Center, Inc.  The center shall use the 
120.57  grant for the purpose of expanding and 
120.58  improving its neighborhood and 
120.59  ethnic-based entrepreneur training, 
120.60  lending, and support programs in the 
120.61  poorest communities of Minneapolis and 
120.62  St. Paul.  This is a one-time 
120.63  appropriation and is not added to the 
121.1   department's budget base. 
121.2   $225,000 in the second year is for a 
121.3   grant to the city of Owatonna for 
121.4   infrastructure improvements.  This is a 
121.5   one-time appropriation and is not added 
121.6   to the agency's budget base. 
121.7   $225,000 in the second year is from the 
121.8   future resources fund for an agreement 
121.9   with the city of Virginia for 
121.10  relocation of the Silver Lake storm 
121.11  sewer outlet, construction of 
121.12  sedimentation ponds, and renovation of 
121.13  the Sauntry Creek diversion structure.  
121.14  Native plantings must be used in buffer 
121.15  strips.  This is a one-time 
121.16  appropriation and is not added to the 
121.17  agency's budget base.  This 
121.18  appropriation must be matched by at 
121.19  least $225,000 of nonstate money. 
121.20  Subd. 3.  Tourism                      5,000,000        -0-    
121.21                Summary by Fund
121.22  General               5,000,000       -0-    
121.23  $5,000,000 the first year is for 
121.24  participating in, guaranteeing, or 
121.25  making loans to tourism related 
121.26  businesses in Minnesota that have been 
121.27  adversely impacted by the lack of 
121.28  snowfall in the winter of 1999-2000 or 
121.29  the preceding two winters.  The 
121.30  commissioner shall establish an 
121.31  application process and form for the 
121.32  loans.  The maximum loan term shall be 
121.33  for ten years and the maximum interest 
121.34  rate may not exceed six percent.  Loans 
121.35  may be used for working capital, 
121.36  operations, and for capital 
121.37  improvements.  Loan repayments shall be 
121.38  deposited in the tourism loan account 
121.39  and may be used for the purposes of the 
121.40  tourism loan program under Minnesota 
121.41  Statutes, section 116J.617.  This is a 
121.42  one-time appropriation and is not added 
121.43  to the agency's budget base. 
121.44  Sec. 3.  MINNESOTA TECHNOLOGY, INC.      -0-            900,000
121.45  $200,000 the second year is for a grant 
121.46  to the e-Business Institute.  This is a 
121.47  one-time appropriation and is not added 
121.48  to the agency's budget base. 
121.49  $200,000 the second year is for a grant 
121.50  to Minnesota Project Innovation.  This 
121.51  is a one-time appropriation and is not 
121.52  added to the agency's budget base. 
121.53  $400,000 the second year is for a grant 
121.54  to the Natural Resources Research 
121.55  Institute.  This is a one-time 
121.56  appropriation and is not added to the 
121.57  agency's budget base. 
121.58  $100,000 the second year is for a grant 
121.59  to the Minnesota Council for Quality.  
121.60  This is a one-time appropriation and is 
122.1   not added to the agency's budget base.  
122.2   Sec. 4.  ECONOMIC SECURITY           -0-               5,258,000
122.3                 Summary by Fund
122.4   General                 -0-         1,882,000
122.5   TANF                    -0-           250,000
122.6   Workforce
122.7   Development Fund        -0-         3,126,000
122.8   $126,000 the second the year is for a 
122.9   grant to Advocating Change Together, 
122.10  Inc., (ACT).  This appropriation is 
122.11  from the workforce development fund.  
122.12  The grant must be used for the training 
122.13  of individuals with developmental and 
122.14  other mental health disabilities, the 
122.15  maintenance of related data, or 
122.16  technical assistance for work 
122.17  advancement or additional workforce 
122.18  training.  No part of this grant may be 
122.19  applied to litigation costs or used for 
122.20  legal advocacy or legal assistance 
122.21  purposes.  This is a one-time 
122.22  appropriation and is not added to the 
122.23  agency's budget base.  
122.24  $250,000 in the second year is to 
122.25  administer the alien certification 
122.26  program.  This is a one-time 
122.27  appropriation and is not added to the 
122.28  agency's budget base.  
122.29  $3,000,000 in the second year is from 
122.30  the workforce development fund and is 
122.31  for summer youth employment programs.  
122.32  This is a one-time appropriation and is 
122.33  not added to the agency's budget base.  
122.34  This appropriation is available 
122.35  immediately. 
122.36  $1,000,000 in the second year is for a 
122.37  pilot parental leave program.  The 
122.38  commissioner, to the extent of funds 
122.39  available under this $1,000,000 
122.40  appropriation, shall reimburse an 
122.41  "employer" as defined in Minnesota 
122.42  Statutes, section 268.035, subdivision 
122.43  14, that provides qualified paid 
122.44  parental leave.  The reimbursement is 
122.45  one-half of the employer payment to an 
122.46  employee, subject to a maximum of 26 
122.47  weeks.  A "qualified paid parental 
122.48  leave" is a paid leave of absence to an 
122.49  employee who is a natural or adoptive 
122.50  parent in conjunction with the birth or 
122.51  adoption of a child.  Qualified paid 
122.52  parental leave does not include sick 
122.53  leave or vacation leave but must be in 
122.54  addition to sick leave or vacation 
122.55  leave.  The leave must be at least six 
122.56  weeks and must be used within the first 
122.57  year of birth or during the first year 
122.58  in which the employee becomes an 
122.59  adoptive parent.  In order to receive 
122.60  reimbursement under this section, an 
122.61  employer must pay the employee at least 
122.62  $200 per week.  An employer may not be 
123.1   reimbursed more than $250 per week nor 
123.2   may weekly state reimbursement exceed 
123.3   more than one-third of the employee's 
123.4   weekly wage with the employer at the 
123.5   time of the leave.  Reimbursement may 
123.6   be done on a quarterly or other basis 
123.7   as determined by the commissioner.  
123.8   Benefits received under this section 
123.9   shall be considered income for the 
123.10  purposes of Minnesota Statutes, section 
123.11  119B.061.  The commissioner of economic 
123.12  security shall notify employers of the 
123.13  voluntary paid parental leave program 
123.14  through the department's Web site and 
123.15  other communications with employers.  
123.16  The commissioner shall develop an 
123.17  application process for a pilot program 
123.18  that reasonably allocates the available 
123.19  funds for this pilot program.  
123.20  Reimbursement may be made for leave 
123.21  taken on or after July 1, 2000.  This 
123.22  is a one-time appropriation and is not 
123.23  added to the agency's budget base.  Up 
123.24  to five percent of this appropriation 
123.25  may be used for administration.  This 
123.26  appropriation is available until 
123.27  expended.  
123.28  $250,000 in the second year is to 
123.29  provide services to people with severe 
123.30  impairments to employment as defined in 
123.31  Minnesota Statutes, section 268A.15, 
123.32  subdivision 1a.  This appropriation is 
123.33  from the state's federal TANF block 
123.34  grant under Public Law Number 104-193 
123.35  to the commissioner of human services 
123.36  to be transferred to the commissioner 
123.37  of economic security.  This is a 
123.38  one-time appropriation and is not added 
123.39  to the agency's budget base.  
123.40  $572,000 in the second year is for 
123.41  enterprise zone incentive grants under 
123.42  Minnesota Statutes, section 469.305.  
123.43  This is a one-time appropriation and is 
123.44  not added to the agency's budget base.  
123.45  $30,000 in the second year is for a 
123.46  grant to the city of Minneapolis for a 
123.47  service provider located in Hennepin 
123.48  county that provides prevention 
123.49  services to high-risk populations.  
123.50  This is a one-time appropriation and is 
123.51  not added to the agency's budget base.  
123.52  $30,000 in the second year is for a 
123.53  grant to the Tri-County Action 
123.54  Programs, Inc.  This is a one-time 
123.55  appropriation and is not added to the 
123.56  agency's budget base.  
123.57  Sec. 5.  HOUSING FINANCE AGENCY                                
123.58                Summary by Fund
123.59  General                 -0-         2,000,000
123.60  Subdivision 1.  Total       
123.61  Appropriation           -0-         2,000,000
123.62  The amounts that may be spent from this 
124.1   appropriation for certain programs are 
124.2   specified in the following subdivisions.
124.3   This appropriation is for transfer to 
124.4   the housing development fund for the 
124.5   programs specified.  Except as 
124.6   otherwise indicated, this transfer is 
124.7   not part of the agency's permanent 
124.8   budget base. 
124.9   Subd. 2.  Family Homeless Prevention 
124.10  $1,000,000 the second year is for the 
124.11  family homeless prevention and 
124.12  assistance program under Minnesota 
124.13  Statutes, section 462A.204. 
124.14  Subd. 3.  Nursing Home Conversion
124.15  Grant Program
124.16  $1,000,000 the second year is for the 
124.17  nursing home conversion grant and loan 
124.18  program under Minnesota Statutes, 
124.19  section 462A.34.  
124.20  Sec. 6.  COMMERCE                        -0-            129,000 
124.21  $129,000 in the second year is from the 
124.22  general fund to maintain the no-call 
124.23  information list as described in 
124.24  Minnesota Statutes, section 325G.54.  
124.25  This is a one-time appropriation and is 
124.26  not added to the agency's budget base. 
124.27  Sec. 7.  MINNESOTA HISTORICAL
124.28  SOCIETY                                  -0-          1,150,000
124.29  $850,000 in the second year is for 
124.30  salary adjustments.  This is a one-time 
124.31  appropriation and is not added to the 
124.32  agency's budget base. 
124.33  $300,000 in the second year is for 
124.34  grants to county and local 
124.35  jurisdictions for historic preservation 
124.36  projects and accessibility 
124.37  improvements.  The grants must be 
124.38  matched by at least an equal amount 
124.39  from nonstate sources.  This is a 
124.40  one-time appropriation and is not added 
124.41  to the agency's budget base. 
124.42  Sec. 8.  BOARD OF ARCHITECTURE,
124.43  ENGINEERING, LAND SURVEYING, LANDSCAPE
124.44  LANDSCAPE ARCHITECTURE, AND  
124.45  INTERIOR DESIGN                          -0-            130,000
124.46  $130,000 in the second year is for 
124.47  enforcement activities of the board.  
124.48  This is a one-time appropriation and is 
124.49  not added to the agency's budget base. 
124.50  Sec. 9.  OFFICE OF STRATEGIC AND
124.51  LONG-RANGE PLANNING                      -0-             15,000
124.52  $15,000 in the second year is for 
124.53  duties related to the legislative job 
124.54  training program task force.  This is a 
124.55  one-time appropriation and is not added 
124.56  to the agency's budget base. 
125.1      Sec. 10. [JUDY GARLAND MUSEUM.] 
125.2      Notwithstanding Laws 1997, chapter 200, article 1, section 
125.3   2, subdivision 2, the match required for the appropriation for 
125.4   an agreement under that law with the Judy Garland Children's 
125.5   Museum and the department of trade and economic development is 
125.6   an equal match of $200,000. 
125.7      Sec. 11.  [UPPER RED LAKE BUSINESS LOAN PROGRAM.] 
125.8      The appropriation to the commissioner of trade and economic 
125.9   development in Laws 1999, chapter 223, article 1, section 2, 
125.10  subdivision 4, for the Upper Red Lake business loan program is 
125.11  available until December 31, 2000, and applications for grants 
125.12  under that program may be accepted until that date. 
125.13     Sec. 12.  [JOBS SKILLS PARTNERSHIP BOARD.] 
125.14     (a) The appropriation by Laws 1999, chapter 223, article 1, 
125.15  section 2, subdivision 2, to the department of trade and 
125.16  economic development from the workforce development fund for the 
125.17  jobs skills partnership board for the pathways program does not 
125.18  cancel and is available until expended.  If the appropriation 
125.19  for either year is insufficient, the appropriation for the other 
125.20  year is available.  
125.21     (b) The appropriation by Laws 1999, chapter 223, article 1, 
125.22  section 2, subdivision 2, to the department of trade and 
125.23  economic development from the state's federal TANF block grant 
125.24  under Title 1 of Public Law Number 104-193 to the commissioner 
125.25  of human services, to be transferred to the commissioner of 
125.26  trade and economic development for the pathways program under 
125.27  Minnesota Statutes, section 116L.04, subdivision 1a, does not 
125.28  cancel and is available until expended.  If the appropriation 
125.29  for either year is insufficient, the appropriation for the other 
125.30  year is available.  
125.31     (c) The appropriation by Laws 1999, chapter 245, article 1, 
125.32  section 2, subdivision 10, to the commissioner of health and 
125.33  human services from the state's federal TANF block grant under 
125.34  Title 1 of Public Law Number 104-193, to increase employment and 
125.35  training services grants for MFIP of which $750,000 is to be 
125.36  transferred to the jobs skills partnership board for the health 
126.1   care and human services worker training and retention program, 
126.2   does not cancel and is available until expended.  If the 
126.3   appropriation for either year is insufficient, the appropriation 
126.4   for the other year is available. 
126.5      Sec. 13.  [REEMPLOYMENT INSURANCE; FOOD SERVICES.] 
126.6      Notwithstanding the provisions of Minnesota Statutes, 
126.7   section 268.085, subdivision 8, wage credits from an employer 
126.8   are not subject to the provisions of Minnesota Statutes, section 
126.9   268.085, subdivision 7, if those wage credits were earned during 
126.10  the school year by an employee of a private employer performing 
126.11  work pursuant to a contract between the employer and an 
126.12  elementary or secondary school and the employment was related to 
126.13  food services provided to the school by the employer.  This 
126.14  section expires December 31, 2001. 
126.15     Sec. 14.  [LEGISLATIVE JOB TRAINING PROGRAM TASK FORCE.] 
126.16     (a) There is established a legislative job training program 
126.17  task force to study all federal and state job training programs 
126.18  and make legislative recommendations for the consolidation and 
126.19  modification of state job training programs.  This task force 
126.20  shall also make recommendations regarding the cost-effectiveness 
126.21  of locating work-force centers and their affiliates at Minnesota 
126.22  state colleges and universities campuses.  
126.23     (b) The task force consists of: 
126.24     (1) five members of the house of representatives to be 
126.25  appointed by the speaker of the house, two of whom must be from 
126.26  the minority caucus; and 
126.27     (2) five members of the senate to be appointed by the 
126.28  subcommittee on committees of the committee on rules and 
126.29  administration, two of whom must be from the minority caucus.  
126.30     The task force shall review existing reports on state job 
126.31  training programs as the starting point for its study.  The 
126.32  recommendations shall specifically address the use of federal 
126.33  job training program funds and the coordination of federal and 
126.34  state programs.  The task force shall investigate the role of 
126.35  the state under the federal Workforce Investment Act, including 
126.36  the opportunity that act gives to the state to exercise 
127.1   discretion in the use of federal funds.  The task force shall 
127.2   submit its recommendations to the legislature by January 15, 
127.3   2001.  The task force shall expire January 20, 2001.  The 
127.4   director of the office of strategic and long-range planning 
127.5   shall assist the task force in its duties. 
127.6      Sec. 15.  [WORKFORCE CENTER LOCATIONS.] 
127.7      The commissioner of the department of administration shall 
127.8   assist the commissioner of economic security and the board of 
127.9   trustees of the Minnesota state colleges and universities system 
127.10  to develop and report to the legislature by January 15, 2001, on 
127.11  a ten-year plan for the possible location of workforce centers 
127.12  or affiliate location on Minnesota college and university 
127.13  campuses, where appropriate.  
127.14     The plan must identify space requirements, current 
127.15  workforce center lease expiration dates, and the campuses that 
127.16  can immediately accommodate workforce centers, and recommend 
127.17  timelines for colocating workforce centers with Minnesota state 
127.18  colleges and universities system facilities.  
127.19     If additional space would be required to accommodate the 
127.20  workforce center, the plan must outline alternative capital 
127.21  financing mechanisms, including private build-lease. 
127.22     Sec. 16.  [EXEMPTION FROM ADDITIONAL BENEFITS REQUIREMENTS; 
127.23  HENNEPIN PAPER.] 
127.24     Notwithstanding Minnesota Statutes, section 268.125, an 
127.25  applicant is eligible to receive additional benefits for any 
127.26  week under Minnesota Statutes, section 268.125, if: 
127.27     (1) the applicant was laid off due to lack of work from the 
127.28  Hennepin Paper Company in Morrison county; 
127.29     (2) the applicant is a member of a group certified on May 
127.30  4, 1999, under the North American Free Trade Agreement or the 
127.31  Trade Adjustment Act as having been impacted by foreign imports; 
127.32     (3) the applicant has exhausted all rights to regular 
127.33  benefits under Minnesota Statutes, section 268.07, and does not 
127.34  qualify for a new benefit account under Minnesota Statutes, 
127.35  section 268.07, and is not entitled to receive unemployment 
127.36  benefits under any other state or federal law; 
128.1      (4) the applicant is presently attending training or is on 
128.2   vacation from training pursuant to the North American Free Trade 
128.3   Agreement or the Trade Adjustment Act; 
128.4      (5) the applicant has filed a continued request for 
128.5   benefits under Minnesota Statutes, section 268.086, for the 
128.6   week; 
128.7      (6) a majority of the applicant's wage credits were from 
128.8   the Hennepin Paper Company; 
128.9      (7) the applicant is not subject to a disqualification 
128.10  under Minnesota Statutes, section 268.095; and 
128.11     (8) the applicant meets the eligibility requirements under 
128.12  Minnesota Statutes, section 268.085, except for subdivision 1, 
128.13  clause (2). 
128.14     The disqualification provisions under Minnesota Statutes, 
128.15  section 268.095, apply to this section. 
128.16     The applicant's weekly additional benefit amount shall be 
128.17  the same as the applicant's weekly benefit amount under 
128.18  Minnesota Statutes, section 268.07. 
128.19     The maximum amount of the additional benefits available 
128.20  shall be 18 times the applicant's weekly benefit amount under 
128.21  Minnesota Statutes, section 268.07. 
128.22     Additional benefits under this section are payable from the 
128.23  fund. 
128.24     This section expires January 1, 2001. 
128.25     Sec. 17.  [EXEMPTION FROM ADDITIONAL BENEFITS REQUIREMENTS; 
128.26  EVTAC MINING.] 
128.27     Notwithstanding Minnesota Statutes, section 268.125, 
128.28  subdivisions 1, and 3, clauses (1) and (5), an applicant is 
128.29  eligible to receive additional benefits under Minnesota 
128.30  Statutes, section 268.125, effective the week following the week 
128.31  in which the applicant exhausted regular benefits if: 
128.32     (1) the applicant was laid off due to lack of work from the 
128.33  Evtac Mining Company in St. Louis county between the months of 
128.34  June and August of 1999; and 
128.35     (2) the commissioner of economic security finds that the 
128.36  applicant satisfies the conditions of Minnesota Statutes, 
129.1   section 268.125, subdivision 3, clauses (2) to (4).  
129.2      This section does not apply to any applicant who, with 
129.3   respect to any period prior to September 1, 2000, receives, or 
129.4   has an agreement to receive, a retirement pension financed in 
129.5   whole or in part by the Evtac Mining Company. 
129.6      Sec. 18.  [EFFECTIVE DATE.] 
129.7      Sections 16 and 17 and any appropriation and related rider 
129.8   for fiscal year 2000 are effective the day following final 
129.9   enactment. 
129.10                             ARTICLE 7
129.11                 MISCELLANEOUS STATUTORY PROVISIONS
129.12     Section 1.  Minnesota Statutes 1998, section 16C.05, 
129.13  subdivision 3, is amended to read: 
129.14     Subd. 3.  [EXCEPTION.] The requirements of subdivision 2 do 
129.15  not apply to contracts of the department of economic security 
129.16  distributing state and federal funds for the purpose of 
129.17  subcontracting the provision of program services to eligible 
129.18  recipients.  For these contracts, the commissioner of economic 
129.19  security is authorized to directly enter into agency contracts 
129.20  and encumber available funds.  For contracts distributing state 
129.21  or federal funds pursuant to the federal Economic Dislocation 
129.22  and Worker Adjustment Assistance Act, United States Code, title 
129.23  29, section 1651 et seq., or sections 268.9771, 268.978, 
129.24  268.9781, and 268.9782, the commissioner of economic security is 
129.25  authorized to directly enter into agency contracts with approval 
129.26  of the workforce development council and encumber available 
129.27  funds to ensure a rapid response to the needs of dislocated 
129.28  workers.  The commissioner of economic security shall adopt 
129.29  internal procedures to administer and monitor funds distributed 
129.30  under these contracts.  This exception also applies to any 
129.31  contracts entered into by the commissioner of children, 
129.32  families, and learning and the jobs skills partnership board 
129.33  that were previously entered into by the commissioner of 
129.34  economic security. 
129.35     Sec. 2.  Minnesota Statutes 1998, section 80A.122, is 
129.36  amended by adding a subdivision to read: 
130.1      Subd. 4a.  [EXPIRATION.] (a) A filing made in connection 
130.2   with the securities of an open-end investment company under 
130.3   subdivision 1 expires the next June 30 unless renewed.  To renew 
130.4   a notice filing, an issuer shall: 
130.5      (1) before expiration of a current notice filing, file with 
130.6   the commissioner the documents specified by the commissioner 
130.7   under subdivision 1, clause (2), together with any fees required 
130.8   by section 80A.28, subdivision 1, paragraph (c); and 
130.9      (2) no later than September 1 following expiration, file a 
130.10  sales report for the prior fiscal year with the commissioner 
130.11  specifying: 
130.12     (i) the registered sales; 
130.13     (ii) the actual sales; and 
130.14     (iii) the balance that could be sold without an additional 
130.15  filing under section 80A.28, subdivision 1, paragraph (c). 
130.16     (b) No portion of the unsold balance of shares indicated on 
130.17  the issuer's sales report may be lawfully sold in this state in 
130.18  connection with a renewed notice filing until fees have been 
130.19  paid to renew the shares. 
130.20     Sec. 3.  Minnesota Statutes 1998, section 80A.28, 
130.21  subdivision 1, is amended to read: 
130.22     Subdivision 1.  (a) There shall be a filing fee of $100 for 
130.23  every application for registration or notice filing.  There 
130.24  shall be an additional fee of one-tenth of one percent of the 
130.25  maximum aggregate offering price at which the securities are to 
130.26  be offered in this state, and the maximum combined fees shall 
130.27  not exceed $300.  
130.28     (b) When an application for registration is withdrawn 
130.29  before the effective date or a preeffective stop order is 
130.30  entered under section 80A.13, subdivision 1, all but the $100 
130.31  filing fee shall be returned.  If an application to register 
130.32  securities is denied, the total of all fees received shall be 
130.33  retained. 
130.34     (c) Where a filing is made in connection with a federal 
130.35  covered security under section 18(b)(2) of the Securities Act of 
130.36  1933, there is a fee of $100 for every initial filing.  If the 
131.1   filing is made in connection with redeemable securities issued 
131.2   by an open end management company or unit investment trust, as 
131.3   defined in the Investment Company Act of 1940, there is an 
131.4   additional annual fee of 1/20 of one percent of the maximum 
131.5   aggregate offering price at which the securities are to be 
131.6   offered in this state during the notice filing period.  The fee 
131.7   must be paid at the time of the initial filing and thereafter in 
131.8   connection with each renewal no later than July 1 of each year 
131.9   and must be sufficient to cover the shares the issuer expects to 
131.10  sell in this state over the next 12 months.  If during a current 
131.11  notice filing the issuer determines it is likely to sell shares 
131.12  in excess of the shares for which fees have been paid to the 
131.13  commissioner, the issuer shall submit an amended notice filing 
131.14  to the commissioner under section 80A.122, subdivision 1, clause 
131.15  (3), together with a fee of 1/20 of one percent of the maximum 
131.16  aggregate offering price of the additional shares.  Shares for 
131.17  which a fee has been paid, but which have not been sold at the 
131.18  time of expiration of the notice filing, may not be sold unless 
131.19  an additional fee to cover the shares has been paid to the 
131.20  commissioner as provided in this section and section 80A.122, 
131.21  subdivision 4a.  If the filing is made in connection with 
131.22  redeemable securities issued by such a company or trust, there 
131.23  is no maximum fee for securities filings made according to this 
131.24  paragraph.  If the filing is made in connection with any other 
131.25  federal covered security under Section 18(b)(2) of the 
131.26  Securities Act of 1933, there is an additional fee of one-tenth 
131.27  of one percent of the maximum aggregate offering price at which 
131.28  the securities are to be offered in this state, and the combined 
131.29  fees shall not exceed $300.  Beginning with fiscal year 2001 and 
131.30  continuing each fiscal year thereafter, as of the last day of 
131.31  each fiscal year, the commissioner shall determine the total 
131.32  amount of all fees that were collected under this paragraph in 
131.33  connection with any filings made for that fiscal year for 
131.34  securities of an open-end investment company on behalf of a 
131.35  security that is a federal covered security pursuant to section 
131.36  18(b)(2) of the Securities Act of 1933.  To the extent the total 
132.1   fees collected by the commissioner in connection with these 
132.2   filings exceed $25,000,000 in a fiscal year, the commissioner 
132.3   shall refund, on a pro rata basis, to all persons who paid any 
132.4   fees for that fiscal year, the amount of fees collected by the 
132.5   commissioner in excess of $25,000,000.  No individual refund is 
132.6   required of amounts of $100 or less for a fiscal year. 
132.7      Sec. 4.  Minnesota Statutes 1998, section 116L.04, 
132.8   subdivision 1, is amended to read: 
132.9      Subdivision 1.  [PARTNERSHIP PROGRAM.] (a) The partnership 
132.10  program may provide grants-in-aid to educational or other 
132.11  nonprofit training educational institutions using the following 
132.12  guidelines:  
132.13     (1) the educational or other nonprofit educational 
132.14  institution is a provider of training within the state in either 
132.15  the public or private sector; 
132.16     (2) the program involves skills training that is an area of 
132.17  employment need; and 
132.18     (3) preference will be given to educational or other 
132.19  nonprofit training institutions which serve economically 
132.20  disadvantaged people, minorities, or those who are victims of 
132.21  economic dislocation and to businesses located in rural areas.  
132.22     (b) A single grant to any one institution shall not exceed 
132.23  $400,000.  
132.24     Sec. 5.  Minnesota Statutes 1999 Supplement, section 
132.25  116L.04, subdivision 1a, is amended to read: 
132.26     Subd. 1a.  [PATHWAYS PROGRAM.] The pathways program may 
132.27  provide grants-in-aid for developing programs which assist in 
132.28  the transition of persons from welfare to work.  The program is 
132.29  to be operated by the board.  The board shall consult and 
132.30  coordinate with program administrators at the department of 
132.31  economic security to design and provide services for temporary 
132.32  assistance for needy families recipients. 
132.33     Pathways grants-in-aid may be awarded to educational or 
132.34  other nonprofit training educational institutions for education 
132.35  and training programs, which may include support services that 
132.36  serve public assistance recipients transitioning from public 
133.1   assistance to employment or programs that serve persons at or 
133.2   below 200 percent of the federal poverty guidelines. 
133.3      Preference shall be given to projects that: 
133.4      (1) provide employment with benefits paid to employees; 
133.5      (2) provide employment where there are defined career paths 
133.6   for trainees; 
133.7      (3) pilot the development of an educational pathway that 
133.8   can be used on a continuing basis for transitioning persons from 
133.9   public assistance directly to work; and 
133.10     (4) demonstrate the active participation of department of 
133.11  economic security workforce centers, Minnesota state college and 
133.12  university institutions and other educational institutions, and 
133.13  local welfare agencies. 
133.14     Pathways projects must demonstrate the active involvement 
133.15  and financial commitment of private business.  Pathways projects 
133.16  must be matched with cash or in-kind contributions on at least a 
133.17  one-to-one ratio by participating private business. 
133.18     A single grant to any one institution shall not exceed 
133.19  $400,000. 
133.20     The board shall annually, by March 31, report to the 
133.21  commissioners of economic security and trade and economic 
133.22  development on pathways programs, including the number of public 
133.23  assistance recipients participating in the program, the number 
133.24  of participants placed in employment, the salary and benefits 
133.25  they receive, and the state program costs per participant. 
133.26     Sec. 6.  [116L.16] [DISTANCE-WORK GRANTS.] 
133.27     The job skills partnership board may make grants-in-aid for 
133.28  distance-work projects.  The purpose of the grants is to promote 
133.29  distance-work projects involving technology in rural areas and 
133.30  may include a consortium of organizations partnering in the 
133.31  development of rural technology industry.  Grants may be used to 
133.32  identify and train rural workers in technology and provide rural 
133.33  workers with physical connections to telecommunications 
133.34  infrastructure, where necessary, in order to be self-employed or 
133.35  employed from their homes or satellite offices.  Grants must be 
133.36  made according to Minnesota Statutes, sections 116L.02 and 
134.1   116L.04, except that: 
134.2      (1) the business match may include, but is not limited to, 
134.3   additional management or technology staff costs; start-up 
134.4   equipment costs such as telecommunications infrastructure, 
134.5   additional software, or computer upgrades; consulting fees for 
134.6   implementation of distance-work policies or identification and 
134.7   skill assessment of potential employees; and the joint financial 
134.8   contribution of two or more businesses acting as a consortium; 
134.9      (2) cash or in-kind contributions by partnering 
134.10  organizations may be used as a match; 
134.11     (3) eligible grantees may be educational or nonprofit 
134.12  educational training organizations; and 
134.13     (4) grants-in-aid may be packaged with loans under 
134.14  Minnesota Statutes, section 116L.06, subdivision 6. 
134.15     The board shall, to the extent there are sufficient 
134.16  applications, make grant awards to as many parts of the state as 
134.17  possible.  Subject to the requirement for geographic 
134.18  distribution of grants, preference shall be given to grant 
134.19  applications that provide the most cost-effective training 
134.20  proposals, that provide the best prospects for high-paying jobs 
134.21  with high retention rates, or that are from more economically 
134.22  distressed rural areas or communities. 
134.23     Grantees must meet reporting and evaluation requirements 
134.24  established by the board. 
134.25     Sec. 7.  [136F.77] [EQUITY INVESTMENTS.] 
134.26     The board may acquire an interest in a product or a private 
134.27  business entity for the purpose of developing and providing 
134.28  educational materials and related programs or services to 
134.29  further the mission of the Minnesota state colleges and 
134.30  universities and foster the economic growth of the state.  The 
134.31  board may enter into joint venture agreements with private 
134.32  corporations to develop educational materials and related 
134.33  programs or services.  Any proceeds from the investments or 
134.34  ventures are appropriated to the board.  The state is not liable 
134.35  for any obligations or liabilities that arise from investments 
134.36  under this section.  The board must report annually by September 
135.1   1 to the legislature regarding its earnings from partnerships 
135.2   and the disposition of those earnings.  
135.3      Sec. 8.  Minnesota Statutes 1998, section 181A.12, 
135.4   subdivision 1, is amended to read: 
135.5      Subdivision 1.  [FINES; PENALTY.] Any employer who hinders 
135.6   or delays the department or its authorized representative in the 
135.7   performance of its duties under sections 181A.01 to 181A.12 or 
135.8   refuses to admit the commissioner or an authorized 
135.9   representative to any place of employment or refuses to make 
135.10  certificates or lists available as required by sections 181A.01 
135.11  to 181A.12, or otherwise violates any provisions of sections 
135.12  181A.01 to 181A.12 or any rules issued pursuant thereto shall be 
135.13  assessed a fine to be paid to the commissioner for deposit in 
135.14  the general fund.  The fine may be recovered in a civil action 
135.15  in the name of the department brought in the district court of 
135.16  the county where the violation is alleged to have occurred or 
135.17  the district court where the commissioner has an office.  Fines 
135.18  are in the amounts as follows: 
135.19       (a) employment of minors under the age of 14           
135.20           (each employee)                                   $ 50 
135.21                                                           $  500
135.22       (b) employment of minors under the age of 16               
135.23           during school hours while school is in session       
135.24           (each employee)                                     50 
135.25                                                              500
135.26       (c) employment of minors under the age of 16               
135.27           before 7:00 a.m. (each employee)                    50 
135.28                                                              500
135.29       (d) employment of minors under the age of 16               
135.30           after 9:00 p.m. (each employee)                     50 
135.31                                                              500
135.32       (e) employment of a high school student under              
135.33           the age of 18 in violation of section 181A.04,
135.34           subdivision 6 (each employee)                      100
135.35                                                            1,000
135.36       (f) employment of minors under the age of 16               
136.1            over eight hours a day (each employee)              50 
136.2                                                               500
136.3        (g) employment of minors under the age of 16        
136.4            over 40 hours a week (each employee)                50 
136.5                                                               500
136.6        (h) employment of minors under the age of 18        
136.7            in occupations hazardous or
136.8            detrimental to their well-being as defined  
136.9            by rule (each employee)                            100 
136.10                                                            1,000 
136.11       (i) employment of minors under the age of 16     
136.12           in occupations hazardous or
136.13           detrimental to their well-being as defined 
136.14           by rule (each employee)                            100 
136.15                                                            1,000
136.16       (j) minors under the age of 18 injured in        
136.17           hazardous employment (each employee)               500 
136.18                                                            5,000
136.19       (k) minors employed without proof of age         
136.20           (each employee)                                     25 
136.21                                                              250
136.22     An employer who refuses to make certificates or lists 
136.23  available as required by sections 181A.01 to 181A.12 shall be 
136.24  assessed a $500 fine. 
136.25     Sec. 9.  Minnesota Statutes 1998, section 216C.051, 
136.26  subdivision 9, is amended to read: 
136.27     Subd. 9.  [EXPIRATION.] This section is repealed June 30 
136.28  March 15, 2000 2001. 
136.29     Sec. 10.  Minnesota Statutes 1998, section 216C.41, 
136.30  subdivision 3, is amended to read: 
136.31     Subd. 3.  [ELIGIBILITY WINDOW.] Payments may be made under 
136.32  this section only for electricity generated: 
136.33     (a) from a qualified hydroelectric facility that is 
136.34  operational and generating electricity before January 1 December 
136.35  31, 2001; or 
136.36     (b) from a qualified wind energy conversion facility that 
137.1   is operational and generating electricity before January 1, 2005.
137.2      Sec. 11.  [268.028] [ALIEN LABOR CERTIFICATION; PERFORMANCE 
137.3   STANDARDS.] 
137.4      The department of economic security shall have as a goal to 
137.5   process completed applications for certification for permanent 
137.6   alien laborers within 60 days of receipt of the completed 
137.7   application. 
137.8      Sec. 12.  Minnesota Statutes 1999 Supplement, section 
137.9   268.085, subdivision 4, is amended to read: 
137.10     Subd. 4.  [SOCIAL SECURITY BENEFITS.] (a) Any applicant 
137.11  aged 62 or over shall be required to state when filing an 
137.12  application for benefits and when filing continued requests for 
137.13  benefits whether the applicant is receiving, has filed for, or 
137.14  intends to file for, primary social security old age or 
137.15  disability benefits for any week during the benefit year. 
137.16     (b) There shall be deducted from an applicant's weekly 
137.17  benefit amount 50 percent of the weekly equivalent of the 
137.18  primary social security old age or disability benefit the 
137.19  applicant has received, has filed for, or intends to file for, 
137.20  with respect to that week. 
137.21     (c) Notwithstanding paragraph (b), an applicant shall be 
137.22  ineligible for benefits for any week with respect to which the 
137.23  applicant is receiving, has received, or has filed for primary 
137.24  social security disability benefits. 
137.25  This paragraph shall not apply if the Social Security 
137.26  Administration approved the collecting of primary social 
137.27  security disability benefits each month the applicant was 
137.28  employed during the base period.  
137.29     (d) Information from the Social Security Administration 
137.30  shall be considered conclusive, absent specific evidence showing 
137.31  that the information was erroneous. 
137.32     (e) Any applicant who receives primary social security old 
137.33  age or disability benefits for periods that the applicant has 
137.34  been paid reemployment compensation benefits shall be considered 
137.35  overpaid those reemployment compensation benefits under section 
137.36  268.18, subdivision 1. 
138.1      Sec. 13.  Minnesota Statutes 1999 Supplement, section 
138.2   268.98, subdivision 3, is amended to read: 
138.3      Subd. 3.  [COST LIMITATIONS.] (a) For purposes of sections 
138.4   268.9781 and 268.9782, funds allocated to a grantee are subject 
138.5   to the following limitations: 
138.6      (1) a maximum of 15 percent for administration in a worker 
138.7   adjustment services plan and ten percent in a dislocation event 
138.8   services grant; 
138.9      (2) a minimum of 50 percent for provision of training 
138.10  assistance; 
138.11     (3) no more than ten percent statewide may be allocated 
138.12  annually a maximum of 30 percent for support services, as 
138.13  defined in section 268.975, subdivision 13; and 
138.14     (4) the balance used for provision of basic readjustment 
138.15  assistance. 
138.16     (b) A waiver of the cost limitation on providing training 
138.17  assistance may be requested.  The waiver may not permit less 
138.18  than 30 percent of the funds be spent on training assistance. 
138.19     (c) The commissioner shall prescribe the form and manner 
138.20  for submission of an application for a waiver under paragraph 
138.21  (b).  Criteria for granting a waiver shall be established by the 
138.22  commissioner in consultation with the workforce development 
138.23  council. 
138.24     Sec. 14.  [299G.19] [CONVENIENCE STORE SECURITY.] 
138.25     Subdivision 1.  [DEFINITION; CONVENIENCE STORE.] As used in 
138.26  this section, "convenience store" means a place of business 
138.27  primarily engaged in the retail sale of groceries, or both 
138.28  groceries and gasoline.  Convenience store does not include a 
138.29  business that always has at least five employees on the premises 
138.30  or has at least 10,000 square feet of retail floor space. 
138.31     Subd. 2.  [SECURITY CAMERA SYSTEM MINIMUM REQUIREMENTS.] 
138.32  (a) A convenience store must install security cameras with 
138.33  auto-iris lenses.  Recording devices must be capable of 
138.34  retrieving an image of sufficient quality to assist in offender 
138.35  identification.  Cameras must be placed to record the cash 
138.36  register area and all entry and exit doors to the convenience 
139.1   store that are not normally locked and connected to a working 
139.2   alarm system.  Cameras installed to observe the entrance and 
139.3   exits must be placed and lenses fixed so that the entrance or 
139.4   exit is completely visible in the field of view.  Cameras must 
139.5   be installed so that the whole person is not less than 70 
139.6   percent of the field of view.  Cameras installed to observe the 
139.7   cash register area must be placed to provide an optimum view of 
139.8   the customer, clerk, and transaction area.  Cameras and other 
139.9   video recording equipment must be in good working order at all 
139.10  times.  Cameras and other video security devices such as 
139.11  sequencers and multiplexers must be compatible with the 
139.12  recording device. 
139.13     (b) If a convenience store uses a VHS recorder, then the 
139.14  recorder must be a commercial grade VHS deck.  Camera activity 
139.15  must be recorded continuously.  Recording times must not exceed 
139.16  24 hours.  The recorder must have a minimum of 240 lines of 
139.17  resolution and four heads.  All recordings must have time and 
139.18  date stamp.  The store must use a commercial grade VHS tape.  An 
139.19  individual tape must not be reused more than 20 times.  The 
139.20  recording device tapes or other recording media must be 
139.21  maintained in a secure environment.  Tapes or other recorded 
139.22  media must be available to law enforcement for a minimum period 
139.23  of seven days. 
139.24     (c) The technical specifications provided in this 
139.25  subdivision are minimum standards and do not preclude a 
139.26  convenience store from installing equipment that exceeds the 
139.27  standard.  A convenience store must post a conspicuous sign 
139.28  stating that the property is under camera surveillance. 
139.29     Subd. 3.  [OTHER MEASURES.] Every convenience store shall 
139.30  be equipped with the following security devices and standards: 
139.31     (i) height markers at the entrance of the store which 
139.32  display height measures; and 
139.33     (ii) a silent alarm to law enforcement or a private 
139.34  security agency. 
139.35     Subd. 4.  [TRAINING PROGRAMS.] The owner or principal 
139.36  operator of a convenience store shall provide robbery deterrence 
140.1   and safety training by an approved curriculum to its retail 
140.2   employees within 60 days of employment.  The commissioner of 
140.3   public safety shall approve, after consultation with interested 
140.4   parties, training curriculum for purposes of this subdivision. 
140.5      Subd. 5.  [PENALTIES.] Violations of this section are 
140.6   subject to the penalties and remedies provided in section 8.31, 
140.7   except subdivision 3a. 
140.8      Sec. 15.  Minnesota Statutes 1999 Supplement, section 
140.9   326.105, is amended to read: 
140.10     326.105 [FEES.] 
140.11     The fee for licensure or renewal of licensure as an 
140.12  architect, professional engineer, land surveyor, landscape 
140.13  architect, or geoscience professional is $104 $120 per biennium. 
140.14  The fee for certification as a certified interior designer or 
140.15  for renewal of the certificate is $104 $120 per biennium.  The 
140.16  fee for an architect applying for original certification as a 
140.17  certified interior designer is $50 per biennium.  The initial 
140.18  license or certification fee for all professions is $104 $120.  
140.19  The renewal fee shall be paid biennially on or before June 30 of 
140.20  each even-numbered year.  The renewal fee, when paid by mail, is 
140.21  not timely paid unless it is postmarked on or before June 30 of 
140.22  each even-numbered year.  The application fee is $25 for 
140.23  in-training applicants and $75 for professional license 
140.24  applicants. 
140.25     The fee for monitoring licensing examinations for 
140.26  applicants is $25, payable by the applicant. 
140.27     Sec. 16.  [326.2441] [INSPECTION FEE SCHEDULE.] 
140.28     Subdivision 1.  [SCHEDULE.] State electrical inspection 
140.29  fees shall be paid according to subdivisions 2 to 13. 
140.30     Subd. 2.  [FEE FOR EACH SEPARATE INSPECTION.] The minimum 
140.31  fee for each separate inspection of an installation, 
140.32  replacement, alteration, or repair is $20. 
140.33     Subd. 3.  [FEE FOR SERVICES, GENERATORS, OTHER POWER SUPPLY 
140.34  SOURCES, OR FEEDERS TO SEPARATE STRUCTURES.] The inspection fee 
140.35  for the installation, addition, alteration, or repair of each 
140.36  service, change of service, temporary service, generator, other 
141.1   power supply source, or feeder to a separate structure is: 
141.2      (1) 0 ampere to and including 400 ampere capacity, $25; 
141.3      (2) 401 ampere to and including 800 ampere capacity, $50; 
141.4   and 
141.5      (3) ampere capacity above 800, $75. 
141.6      Where multiple disconnects are grouped at a single location 
141.7   and are supplied by a single set of supply conductors the 
141.8   cumulative rating of the overcurrent devices shall be used to 
141.9   determine the supply ampere capacity. 
141.10     Subd. 4.  [FEE FOR CIRCUITS, FEEDERS, FEEDER TAPS, OR SETS 
141.11  OF TRANSFORMER SECONDARY CONDUCTORS.] The inspection fee for the 
141.12  installation, addition, alteration, or repair of each circuit, 
141.13  feeder, feeder tap, or set of transformer secondary conductors, 
141.14  including the equipment served, is: 
141.15     (1) 0 ampere to and including 200 ampere capacity, $5; and 
141.16     (2) ampere capacity above 200, $10. 
141.17     Subd. 5.  [LIMITATIONS TO FEES OF SUBDIVISIONS 3 AND 
141.18  4.] (a) The fee for a one-family dwelling and each dwelling unit 
141.19  of a two-family dwelling with a supply of up to 500 amperes 
141.20  where a combination of ten or more sources of supply, feeders, 
141.21  or circuits are installed, added, altered, repaired, or extended 
141.22  is $80.  This fee applies to each separate installation for new 
141.23  dwellings and additions, alterations, or repairs to existing 
141.24  dwellings and includes not more than two inspections.  The fee 
141.25  for additional inspections or other installations is that 
141.26  specified in subdivisions 2 to 4.  The installer may submit fees 
141.27  for additional inspections when filing the request for 
141.28  electrical inspection. 
141.29     (b) The fee for each dwelling unit of a multifamily 
141.30  dwelling with three to 12 dwelling units is $50 and the fee for 
141.31  each additional dwelling unit is $25.  These fees include only 
141.32  inspection of the wiring within individual dwelling units and 
141.33  the final feeder to that unit.  This limitation is subject to 
141.34  the following conditions: 
141.35     (1) the multifamily dwelling is provided with common 
141.36  service equipment and each dwelling unit is supplied by a 
142.1   separate feeder.  The fee for multifamily dwelling services or 
142.2   other power source supplies and all other circuits is that 
142.3   specified in subdivisions 2 to 4; and 
142.4      (2) this limitation applies only to new installations for 
142.5   multifamily dwellings where the majority of the individual 
142.6   dwelling units are available for inspection during each 
142.7   inspection trip. 
142.8      (c) A separate request for electrical inspection form must 
142.9   be filed for each dwelling unit that is supplied with an 
142.10  individual set of service entrance conductors.  These fees are 
142.11  the one-family dwelling rate specified in paragraph (a). 
142.12     Subd. 6.  [ADDITIONS TO FEES OF SUBDIVISIONS 3 TO 5.] (a) 
142.13  The fee for the electrical supply for each manufactured home 
142.14  park lot is $25.  This fee includes the service or feeder 
142.15  conductors up to and including the service equipment or 
142.16  disconnecting means.  The fee for feeders and circuits that 
142.17  extend from the service or disconnecting means is that specified 
142.18  in subdivision 4. 
142.19     (b) The fee for each recreational vehicle site electrical 
142.20  supply equipment is $5.  The fee for recreational vehicle park 
142.21  services, feeders, and circuits is that specified in 
142.22  subdivisions 3 and 4. 
142.23     (c) The fee for each street, parking lot, or outdoor area 
142.24  lighting standard is $1, and the fee for each traffic signal 
142.25  standard is $5.  Circuits originating within the standard or 
142.26  traffic signal controller shall not be used when computing the 
142.27  fee. 
142.28     (d) The fee for transformers for light, heat, and power is 
142.29  $10 for transformers rated up to ten kilovolt-amperes and $20 
142.30  for transformers rated in excess of ten kilovolt-amperes. 
142.31     (e) The fee for transformers and electronic power supplies 
142.32  for electric signs and outline lighting is $5 per unit. 
142.33     (f) The fee for alarm, communication, remote control, and 
142.34  signaling circuits or systems, and circuits of less than 50 
142.35  volts, is 50 cents for each system device or apparatus. 
142.36     (g) The fee for each separate inspection of the bonding for 
143.1   a swimming pool, spa, fountain, an equipotential plane for an 
143.2   agricultural confinement area, or similar installation shall be 
143.3   $20.  Bonding conductors and connections require an inspection 
143.4   before being concealed. 
143.5      (h) The fee for all wiring installed on center pivot 
143.6   irrigation booms is $40. 
143.7      (i) The fee for retrofit modifications to existing lighting 
143.8   fixtures is 25 cents per lighting fixture. 
143.9      Subd. 7.  [INVESTIGATION FEES:  WORK WITHOUT A REQUEST FOR 
143.10  ELECTRICAL INSPECTION.] (a) Whenever any work for which a 
143.11  request for electrical inspection is required by the board has 
143.12  begun without the request for electrical inspection form being 
143.13  filed with the board, a special investigation shall be made 
143.14  before a request for electrical inspection form is accepted by 
143.15  the board. 
143.16     (b) An investigation fee, in addition to the full fee 
143.17  required by subdivisions 1 to 6, shall be paid before an 
143.18  inspection is made.  The investigation fee is two times the 
143.19  hourly rate specified in subdivision 10 or the inspection fee 
143.20  required by subdivisions 1 to 6, whichever is greater, not to 
143.21  exceed $1,000.  The payment of the investigation fee does not 
143.22  exempt any person from compliance with all other provisions of 
143.23  the board rules or statutes nor from any penalty prescribed by 
143.24  law. 
143.25     Subd. 8.  [REINSPECTION FEE.] When reinspection is 
143.26  necessary to determine whether unsafe conditions have been 
143.27  corrected and the conditions are not the subject of an appeal 
143.28  pending before the board or any court, a reinspection fee of $20 
143.29  may be assessed in writing by the inspector. 
143.30     Subd. 9.  [SUPPLEMENTAL FEE.] When inspections scheduled by 
143.31  the installer are preempted, obstructed, prevented, or otherwise 
143.32  not able to be completed as scheduled due to circumstances 
143.33  beyond the control of the inspector, a supplemental inspection 
143.34  fee of $20 may be assessed in writing by the inspector. 
143.35     Subd. 10.  [SPECIAL INSPECTION.] For inspections not 
143.36  covered in this section, or for requested special inspections or 
144.1   services, the fee shall be $30 per hour, including travel time, 
144.2   plus 31 cents per mile traveled, plus the reasonable cost of 
144.3   equipment or material consumed.  This provision is applicable to 
144.4   inspection of empty conduits and other jobs as may be determined 
144.5   by the board.  This fee may also be assessed when installations 
144.6   are not accessible by roadway and require alternate forms of 
144.7   transportation.  
144.8      Subd. 11.  [INSPECTION OF TRANSITORY PROJECTS.] (a) For 
144.9   inspection of transitory projects including, but not limited to, 
144.10  festivals, fairs, carnivals, circuses, shows, production sites, 
144.11  and portable road construction plants, the inspection procedures 
144.12  and fees are as specified in paragraphs (b) to (i). 
144.13     (b) The fee for inspection of each generator or other 
144.14  source of supply is that specified in subdivision 3.  A like fee 
144.15  is required at each engagement or setup. 
144.16     (c) In addition to the fee for generators or other sources 
144.17  of supply, there must be an inspection of all installed feeders, 
144.18  circuits, and equipment at each engagement or setup at the 
144.19  hourly rate specified in subdivision 10, with a two-hour minimum.
144.20     (d) An owner, operator, or appointed representative of a 
144.21  transitory enterprise including, but not limited to, festivals, 
144.22  fairs, carnivals, circuses, production companies, shows, 
144.23  portable road construction plants, and similar enterprises shall 
144.24  notify the board of its itinerary or schedule and make 
144.25  application for initial inspection a minimum of 14 days before 
144.26  its first engagement or setup.  An owner, operator, or appointed 
144.27  representative of a transitory enterprise who fails to notify 
144.28  the board 14 days before its first engagement or setup may be 
144.29  subject to the investigation fees specified in subdivision 7.  
144.30  The owner, operator, or appointed representative shall request 
144.31  inspection and pay the inspection fee for each subsequent 
144.32  engagement or setup at the time of the initial inspection.  For 
144.33  subsequent engagements or setups not listed on the itinerary or 
144.34  schedule submitted to the board and where the board is not 
144.35  notified at least 48 hours in advance, a charge of $100 may be 
144.36  made in addition to all required fees. 
145.1      (e) Amusement rides, devices, concessions, attractions, or 
145.2   other units must be inspected at their first appearance of the 
145.3   year.  The inspection fee is $20 per unit with a supply of up to 
145.4   60 amperes and $30 per unit with a supply above 60 amperes. 
145.5      (f) An additional fee at the hourly rate specified in 
145.6   subdivision 10 must be charged for additional time spent by each 
145.7   inspector if equipment is not ready or available for inspection 
145.8   at the time and date specified on the application for initial 
145.9   inspection or the request for electrical inspection form. 
145.10     (g) In addition to the fees specified in paragraphs (a) and 
145.11  (b), a fee of two hours at the hourly rate specified in 
145.12  subdivision 10 must be charged for inspections required to be 
145.13  performed on Saturdays, Sundays, holidays, or after regular 
145.14  business hours. 
145.15     (h) The fee for reinspection of corrections or supplemental 
145.16  inspections where an additional trip is necessary may be 
145.17  assessed as specified in subdivision 8. 
145.18     (i) The board may retain the inspection fee when an owner, 
145.19  operator, or appointed representative of a transitory enterprise 
145.20  fails to notify the board at least 48 hours in advance of a 
145.21  scheduled inspection that is canceled. 
145.22     Subd. 12.  [HANDLING FEE.] The handling fee to pay the cost 
145.23  of printing and handling of the form requesting an inspection is 
145.24  $1. 
145.25     Subd. 13.  [NATIONAL ELECTRICAL CODE USED FOR 
145.26  INTERPRETATION OF PROVISIONS.] For purposes of interpretation of 
145.27  this section and Minnesota Rules, chapter 3800, the most 
145.28  recently adopted edition of the National Electrical Code shall 
145.29  be prima facie evidence of the definitions, interpretations, and 
145.30  scope of words and terms used.  
145.31     Sec. 17.  [462A.34] [NURSING HOME FACILITY CONVERSION LOAN 
145.32  AND GRANT PROGRAM.] 
145.33     Subdivision 1.  [CREATION.] The nursing home facility 
145.34  conversion loan program is created to be administered by the 
145.35  commissioner.  The nursing home facility conversion revolving 
145.36  loan fund account is created in the housing development fund.  
146.1   The commissioner may make loans to nursing home facilities from 
146.2   the nursing home facility conversion revolving loan fund account 
146.3   for capital and other costs including, but not limited to, 
146.4   start-up and training costs, related to the conversion of a 
146.5   nursing home facility to an assisted-living facility or other 
146.6   living alternatives to nursing home facility care.  The 
146.7   commissioner must seek the advisory recommendation of the 
146.8   interagency committee created by section 144A.31 before making a 
146.9   loan under this section.  
146.10     A loan may not be used to expand a current building except: 
146.11     (1) for additional space required to accommodate related 
146.12  supportive services, such as dining rooms, kitchen and 
146.13  recreation areas, or other community use areas; or 
146.14     (2) if new construction of assisted living units, which 
146.15  would expand parameters of the existing building, is more cost 
146.16  effective than the conversion of existing space.  
146.17  A facility seeking expansion must agree that a specified number 
146.18  of existing nursing facility beds will not continue to be 
146.19  licensed. 
146.20     The commissioner shall establish an application process for 
146.21  loans which may utilize other application processes administered 
146.22  by the commissioner.  Denial of approval of an application in 
146.23  one year does not preclude submission of an application in a 
146.24  subsequent year. 
146.25     Subd. 2.  [ELIGIBILITY.] A nursing home facility that is 
146.26  currently enrolled as a nursing home facility provider with the 
146.27  Medicaid program is eligible to apply for a nursing home 
146.28  facility conversion loan. 
146.29     Subd. 3.  [LOAN PREFERENCE.] Loan applications must be 
146.30  considered in the following descending order of priority: 
146.31     (1) nursing home facility conversion of all beds; 
146.32     (2) nursing home facility partial conversion of beds; and 
146.33     (3) nursing home facility for conversion to other 
146.34  alternatives to nursing home facility care. 
146.35     Subd. 4.  [LOAN TERMS.] Loans may be made at market rates 
146.36  or below market rates for a term of up to 15 years.  Loans shall 
147.1   be fully amortized and repayments must be made monthly over the 
147.2   term of the loan.  Loans shall be secured or unsecured.  All 
147.3   loan repayments, including interest, must be deposited in the 
147.4   nursing home facility conversion revolving loan fund account and 
147.5   are appropriated to the commissioner for the purposes of this 
147.6   section.  
147.7      Subd. 5.  [GRANTS.] The commissioner may use money in the 
147.8   revolving fund to make grants of up to $100,000 to a facility to 
147.9   plan for a project that would be eligible for a loan under this 
147.10  section.  No more than five grants may be made in a calendar 
147.11  year. 
147.12     Subd. 6.  [MEDICAL ASSISTANCE COSTS.] In approving loans, 
147.13  the commissioner shall ensure that conversion projects do not 
147.14  increase medical assistance costs for nursing facility 
147.15  reimbursement. 
147.16     Sec. 18.  [INSTRUCTION TO REVISOR.] 
147.17     The revisor shall change references in Minnesota Rules from 
147.18  Minnesota Rules, part 3800.3810, to Minnesota Statutes, section 
147.19  326.2441. 
147.20     Sec. 19.  [REPEALER.] 
147.21     (a) Minnesota Statutes 1999 Supplement, section 16C.065, is 
147.22  repealed. 
147.23     (b) Minnesota Rules, part 3800.3810, is repealed. 
147.24     Sec. 20.  [EFFECTIVE DATE.] 
147.25     Section 9 is effective the day following final enactment. 
147.26     Section 12 is effective the day following final enactment 
147.27  and is retroactive to August 1, 1999.  Section 19, paragraph 
147.28  (a), is effective the day following final enactment.  
147.29     Section 14 is effective January 1, 2001, for all 
147.30  convenience stores constructed or placed into service on or 
147.31  after that date, or convenience stores with no current security 
147.32  camera surveillance.  Section 14 is effective January 1, 2003, 
147.33  for all other convenience stores. 
147.34                             ARTICLE 8
147.35                    CRIMINAL JUSTICE PROVISIONS
147.36  Section 1.  [CRIMINAL JUSTICE APPROPRIATIONS.] 
148.1      The sums shown in the columns headed "APPROPRIATIONS" are 
148.2   appropriated from the general fund, or another fund named, to 
148.3   the agencies and for the purposes specified in this article to 
148.4   be available for the fiscal years indicated for each purpose.  
148.5   The figures "2000" and "2001," where used in this article, mean 
148.6   that the appropriation or appropriations listed under them are 
148.7   available for the year ending June 30, 2000, or June 30, 2001, 
148.8   respectively.  
148.9                           SUMMARY BY FUND
148.10                                          2000            2001
148.11  General Fund Total                $   4,213,000      12,280,000
148.12  TOTAL                             $   4,213,000      12,280,000
148.13                                             APPROPRIATIONS 
148.14                                         Available for the Year 
148.15                                             Ending June 30 
148.16                                            2000         2001 
148.17  Sec. 2.  SUPREME COURT                   -0-            104,000
148.18  $100,000 is for civil legal services to 
148.19  low-income clients.  A portion of this 
148.20  appropriation is to print and 
148.21  distribute educational materials for 
148.22  contract for deed vendors and vendees, 
148.23  informing them in plain English of the 
148.24  requirements of state law affecting 
148.25  contracts for deed.  These materials 
148.26  must accurately describe state law and 
148.27  be prepared with input from a variety 
148.28  of interest groups, including real 
148.29  estate attorneys, attorneys who 
148.30  represent low-income individuals, 
148.31  realtors, and housing organizations. 
148.32  $4,000 is a one-time appropriation to 
148.33  conduct a one-half day judicial seminar 
148.34  on parenting plans. 
148.35  Sec. 3.  COURT OF APPEALS                -0-            200,000
148.36  $200,000 is to restore legal/judicial 
148.37  support services. 
148.38  Sec. 4.  DISTRICT COURT                  -0-          2,963,000
148.39  $2,754,000 is to reduce judge unit 
148.40  vacancies and restore judicial branch 
148.41  infrastructure funding. 
148.42  $130,000 is to continue the community 
148.43  court in the second judicial district. 
148.44  $79,000 is a one-time appropriation for 
148.45  extraordinary prosecution costs in 
148.46  Carlton county. 
148.47  Sec. 5.  CORRECTIONS                     -0-           3,000,000
148.48  $2,000,000 is a one-time appropriation 
149.1   to make the local adult detention and 
149.2   criminal justice system facility grants 
149.3   described in section 55. 
149.4   $455,000 is a one-time appropriation 
149.5   for predesign of changes to accommodate 
149.6   an 800 bed expansion at MCF-Faribault.  
149.7   The commissioner shall hold public 
149.8   hearings in the Faribault area to 
149.9   determine the degree of local support 
149.10  for the bed expansion and may use this 
149.11  appropriation only if satisfied that 
149.12  there is a sufficient level of local 
149.13  support. 
149.14  $500,000 is a one-time appropriation 
149.15  for predesign of a joint headquarters 
149.16  building for the department of 
149.17  corrections and the department of 
149.18  public safety. 
149.19  $45,000 is a one-time appropriation for 
149.20  predesign of a vocational building at 
149.21  MCF-St. Cloud. 
149.22  Sec. 6.  PUBLIC SAFETY
149.23  Subdivision 1.  Total 
149.24  Appropriation                         3,813,000       1,133,000
149.25  The amounts that may be spent from this 
149.26  appropriation for each program are 
149.27  specified in the following subdivisions.
149.28  $280,000 is for costs associated with 
149.29  the organization of the capitol police 
149.30  department, including the salaries and 
149.31  benefits for its director and three 
149.32  full-time licensed peace officers, and 
149.33  training for its employees. 
149.34  Subd. 2.  Driver and Vehicle
149.35  Services
149.36          -0-              20,000
149.37  $20,000 is for costs related to the 
149.38  recodification of the driving while 
149.39  impaired laws, if S.F. No. 2677/H.F. 
149.40  No. 2995 is enacted. 
149.41   Subd. 3. Emergency Management 
149.42        3,813,000         -0-  
149.43  $3,813,000 is for the state match of 
149.44  federal disaster assistance money under 
149.45  Minnesota Statutes, section 12.221.  
149.46  This appropriation is available to fund 
149.47  state obligations incurred through the 
149.48  receipt of federal disaster assistance 
149.49  grants and is added to the 
149.50  appropriation in Laws 1999, chapter 
149.51  216, article 1, section 7, subdivision 
149.52  2. 
149.53  Subd. 4.  Criminal Apprehension 
149.54          -0-           225,000
150.1   $200,000 is a one-time appropriation 
150.2   for overtime costs. 
150.3   $25,000 is a one-time appropriation to 
150.4   develop and conduct the court security 
150.5   training program described in section 
150.6   49. 
150.7   Subd. 5.  Law Enforcement and  
150.8   Community Grants 
150.9           -0-           480,000
150.10  $300,000 is a one-time appropriation 
150.11  for juvenile prostitution law 
150.12  enforcement and officer training grants 
150.13  under Minnesota Statutes, section 
150.14  299A.71. 
150.15  $150,000 is a one-time appropriation 
150.16  for a grant to the Ramsey county 
150.17  attorney's office to establish and fund 
150.18  the joint domestic abuse prosecution 
150.19  unit described in section 56. 
150.20  $30,000 is a one-time appropriation for 
150.21  grants under Minnesota Statutes, 
150.22  section 299A.62, to local law 
150.23  enforcement agencies or regional jails 
150.24  for the purchase of dogs trained to 
150.25  detect or locate controlled substances 
150.26  by scent.  Grants are limited to one 
150.27  dog per agency.  Local law enforcement 
150.28  agencies that previously received a 
150.29  grant under Laws 1999, chapter 216, 
150.30  article 1, section 7, subdivision 6, 
150.31  are ineligible for a grant. 
150.32  Subd. 6.  Drug Policy and    
150.33  Violence Prevention
150.34          -0-           128,000
150.35  $128,000 is for distribution as 
150.36  matching funds to counties 
150.37  participating in multijurisdictional 
150.38  narcotics task forces that receive 
150.39  federal Byrne grant funds.  These 
150.40  matching funds are available statewide 
150.41  to any county currently participating 
150.42  in a task force, any county seeking to 
150.43  join an existing task force, and any 
150.44  county starting its own task force.  
150.45  These matching funds may be used to 
150.46  enhance enforcement of drug laws by 
150.47  training and educating law enforcement 
150.48  personnel and other interested members 
150.49  of the community. 
150.50  Sec. 7.  CENTER FOR  
150.51  CRIME VICTIM SERVICES                   400,000       3,040,000
150.52  $400,000 the first year is for per diem 
150.53  payments for battered women shelter 
150.54  facilities incurred during the 
150.55  administrative transfer of 
150.56  responsibility for these payments from 
150.57  the department of human services to the 
150.58  department of public safety.  This 
150.59  appropriation is available until 
150.60  expended. 
151.1   $3,000,000 the second year is to 
151.2   increase allocations for designated 
151.3   battered women shelter facilities. 
151.4   $40,000 is a one-time appropriation for 
151.5   a grant to the center for applied 
151.6   research and policy analysis at 
151.7   Metropolitan state university for the 
151.8   domestic violence shelter study 
151.9   described in section 51. 
151.10  Sec. 8.  BOARD OF PUBLIC    
151.11  DEFENSE                                 -0-             500,000
151.12  $500,000 is for costs related to 
151.13  obtaining services under Minnesota 
151.14  Statutes, section 611.27, subdivision 
151.15  16.  
151.16  Sec. 9.  SENTENCING         
151.17  GUIDELINES COMMISSION                   -0-              20,000
151.18  $20,000 is for salary increases. 
151.19  Sec. 10.  MINNESOTA SAFETY   
151.20  COUNCIL                                 -0-             300,000
151.21  $300,000 is a one-time appropriation to 
151.22  continue the crosswalk safety awareness 
151.23  program described in section 50. 
151.24  Sec. 11.  HUMAN SERVICES                -0-           1,000,000
151.25  $1,000,000 is for youth shelter and 
151.26  prostitution prevention grants under 
151.27  Minnesota Statutes, section 260B.551. 
151.28  Sec. 12.  UNIVERSITY OF                  -0-             20,000
151.29  MINNESOTA
151.30  $20,000 is a one-time appropriation to 
151.31  cover the cost of updating the parent 
151.32  education curriculum. 
151.33     Sec. 13.  Minnesota Statutes 1998, section 169.21, 
151.34  subdivision 2, is amended to read: 
151.35     Subd. 2.  [RIGHTS IN ABSENCE OF SIGNAL.] (a) Where 
151.36  traffic-control signals are not in place or in operation, the 
151.37  driver of a vehicle shall stop to yield the right-of-way to a 
151.38  pedestrian crossing the roadway within a marked crosswalk or 
151.39  within any crosswalk at an intersection but with no marked 
151.40  crosswalk.  The driver must remain stopped until the pedestrian 
151.41  has passed the lane in which the vehicle is stopped.  No 
151.42  pedestrian shall suddenly leave a curb or other place of safety 
151.43  and walk or run into the path of a vehicle which is so close 
151.44  that it is impossible for the driver to yield.  This provision 
151.45  shall not apply under the conditions as otherwise provided in 
151.46  this subdivision. 
152.1      (b) When any vehicle is stopped at a marked crosswalk or at 
152.2   any unmarked crosswalk at an intersection with no marked 
152.3   crosswalk to permit a pedestrian to cross the roadway, the 
152.4   driver of any other vehicle approaching from the rear shall not 
152.5   overtake and pass the stopped vehicle. 
152.6      (c) It is unlawful for any person to drive a motor vehicle 
152.7   through a column of school children crossing a street or highway 
152.8   or past a member of a school safety patrol or adult crossing 
152.9   guard, while the member of the school safety patrol or adult 
152.10  crossing guard is directing the movement of children across a 
152.11  street or highway and while the school safety patrol member or 
152.12  adult crossing guard is holding an official signal in the stop 
152.13  position.  A peace officer may arrest the driver of a motor 
152.14  vehicle if the peace officer has probable cause to believe that 
152.15  the driver has operated the vehicle in violation of this 
152.16  paragraph within the past four hours.  
152.17     (d) A person who violates this subdivision is guilty of a 
152.18  misdemeanor and may be sentenced to imprisonment for not more 
152.19  than 90 days or to payment of a fine of not more than $700, or 
152.20  both.  A person who violates this subdivision a second or 
152.21  subsequent time within one year of a previous conviction under 
152.22  this subdivision is guilty of a gross misdemeanor and may be 
152.23  sentenced to imprisonment for not more than one year or to 
152.24  payment of a fine of not more than $3,000, or both. 
152.25     Sec. 14.  Minnesota Statutes 1998, section 169.21, 
152.26  subdivision 3, is amended to read: 
152.27     Subd. 3.  [CROSSING BETWEEN INTERSECTIONS.] Every 
152.28  pedestrian crossing a roadway at any point other than within a 
152.29  marked crosswalk or within an unmarked crosswalk at an 
152.30  intersection with no marked crosswalk shall yield the 
152.31  right-of-way to all vehicles upon the roadway. 
152.32     Any pedestrian crossing a roadway at a point where a 
152.33  pedestrian tunnel or overhead pedestrian crossing has been 
152.34  provided shall yield the right-of-way to all vehicles upon the 
152.35  roadway. 
152.36     Between adjacent intersections at which traffic-control 
153.1   signals are in operation pedestrians shall not cross at any 
153.2   place except in a marked crosswalk. 
153.3      Notwithstanding the other provisions of this section every 
153.4   driver of a vehicle shall:  (a) exercise due care to avoid 
153.5   colliding with any bicycle or pedestrian upon any roadway and 
153.6   (b) give an audible signal when necessary and exercise proper 
153.7   precaution upon observing any child or any obviously confused or 
153.8   incapacitated person upon a roadway. 
153.9      Sec. 15.  [169.2151] [PEDESTRIAN SAFETY CROSSINGS.] 
153.10     A local road authority may provide by ordinance for the 
153.11  designation of pedestrian safety crossings on highways under the 
153.12  road authority's jurisdiction where pedestrian safety 
153.13  considerations require extra time for pedestrian crossing in 
153.14  addition to the time recommended under the Minnesota manual of 
153.15  uniform traffic control devices for pedestrian signals.  The 
153.16  ordinance may provide for timing of pedestrian signals for such 
153.17  crossings, consistent with the recommendations of the uniform 
153.18  manual for pedestrian signal timing at senior citizen and 
153.19  handicapped pedestrian crossings.  Cities other than cities of 
153.20  the first class may designate a pedestrian safety crossing only 
153.21  with the approval of the road authority having jurisdiction over 
153.22  the crossing.  The authority of local road authorities to 
153.23  determine pedestrian signal timing under this section is in 
153.24  addition to any other control exercised by local road 
153.25  authorities over the timing of pedestrian signals. 
153.26     Sec. 16.  [241.018] [PER DIEM CALCULATION.] 
153.27     (a) The commissioner of corrections shall develop a uniform 
153.28  method to calculate the average department wide per diem cost of 
153.29  incarcerating offenders at state correctional facilities.  In 
153.30  addition to other costs currently factored into the per diem, it 
153.31  must include an appropriate percentage of capitol costs for all 
153.32  correctional facilities and 65 percent of the department's 
153.33  management services budget. 
153.34     (b) The commissioner also shall use this method of 
153.35  calculating per diem costs for offenders in each state 
153.36  correctional facility.  When calculating the per diem cost of 
154.1   incarcerating offenders at a particular facility, the 
154.2   commissioner shall include an appropriate percentage of capital 
154.3   costs for the facility and an appropriate prorated amount, given 
154.4   the facility's population, of 65 percent of the department's 
154.5   management services budget. 
154.6      (c) The commissioner shall ensure that the new per diem 
154.7   method is used in all future instances in which the department's 
154.8   or any facility's per diem charge is reported. 
154.9      (d) The commissioner shall report information related to 
154.10  these per diems to the chairs and ranking minority members of 
154.11  the senate and house committees and divisions having 
154.12  jurisdiction over criminal justice funding by January 15, 2001. 
154.13     Sec. 17.  Minnesota Statutes 1999 Supplement, section 
154.14  241.272, subdivision 6, is amended to read: 
154.15     Subd. 6.  [USE OF FEES.] Excluding correctional fees 
154.16  collected from offenders supervised by department agents under 
154.17  the authority of section 244.19, subdivision 1, paragraph (a), 
154.18  clause (3), all correctional fees collected under this section 
154.19  go to the general fund.  Fees collected by agents under the 
154.20  authority of section 244.19, subdivision 1, paragraph (a), 
154.21  clause (3), shall go to the county treasurer in the county where 
154.22  supervision is provided.  These fees shall be used according to 
154.23  section 244.18, subdivision 6. 
154.24     Sec. 18.  [LEGISLATIVE INTENT.] 
154.25     It is the intent of the legislature that this article 
154.26  encourage courts to place juvenile offenders at the Minnesota 
154.27  correctional facility-Red Wing who would otherwise be placed in 
154.28  out-of-state facilities.  Except as provided in section 25, it 
154.29  is not the legislature's intent to discourage the placement of 
154.30  juvenile offenders at nonstate-operated facilities within 
154.31  Minnesota. 
154.32     Sec. 19.  Minnesota Statutes 1999 Supplement, section 
154.33  242.192, is amended to read: 
154.34     242.192 [CHARGES TO COUNTIES.] 
154.35     (a) The commissioner shall charge counties or other 
154.36  appropriate jurisdictions for one-half the actual per diem cost 
155.1   of confinement, excluding educational costs and non-billable 
155.2   service, of juveniles at the Minnesota correctional facility-Red 
155.3   Wing and of juvenile females committed to the commissioner of 
155.4   corrections.  This charge applies to juveniles committed to the 
155.5   commissioner of corrections and juveniles admitted to the 
155.6   Minnesota correctional facility-Red Wing under established 
155.7   admissions criteria.  This charge applies to both counties that 
155.8   participate in the Community Corrections Act and those that do 
155.9   not.  The commissioner shall annually determine costs, making 
155.10  necessary adjustments to reflect the actual costs of confinement 
155.11  the per diem cost of confinement based on projected population, 
155.12  pricing incentives, market conditions, and the requirement that 
155.13  expense and revenue balance out over a period of two years.  All 
155.14  money received under this section must be deposited in the state 
155.15  treasury and credited to the general fund. 
155.16     (b) The department of corrections shall be responsible for 
155.17  the other half of the per diem cost of confinement described in 
155.18  this section. 
155.19     Sec. 20.  [242.193] [JUVENILE RESIDENTIAL TREATMENT 
155.20  GRANTS.] 
155.21     Subdivision 1.  [GRANTS.] Within the limits of available 
155.22  appropriations, the commissioner of corrections shall make 
155.23  juvenile residential treatment grants to counties to defray the 
155.24  cost of juvenile residential treatment.  The commissioner shall 
155.25  distribute 80 percent of the money appropriated for these 
155.26  purposes to noncommunity corrections act counties and 20 percent 
155.27  to community corrections act counties.  The commissioner shall 
155.28  distribute the money according the the formula contained in 
155.29  section 401.10. 
155.30     Subd. 2.  [REPORT.] By January 15 of each year, each county 
155.31  that received a grant shall submit a report to the commissioner 
155.32  describing the purposes for which the grants were used.  By 
155.33  March 15 of each year, the commissioner shall summarize this 
155.34  information and report it to the chairs and ranking minority 
155.35  members of the senate and house committees and divisions having 
155.36  jurisdiction over criminal justice funding. 
156.1      Sec. 21.  Minnesota Statutes 1998, section 242.41, is 
156.2   amended to read: 
156.3      242.41 [THE MINNESOTA CORRECTIONAL FACILITY-RED WING.] 
156.4      There is established the Minnesota correctional 
156.5   facility-Red Wing at Red Wing, Minnesota, in which may be placed 
156.6   persons committed to the commissioner of corrections by the 
156.7   courts of this state who, in the opinion of the commissioner, 
156.8   may benefit from the programs available thereat or admitted 
156.9   consistent with established admissions criteria.  When reviewing 
156.10  placement requests from counties, the commissioner shall take 
156.11  into consideration the purpose of the Minnesota correctional 
156.12  facility-Red Wing which is to educate and provide treatment for 
156.13  serious and chronic juvenile offenders for which the county has 
156.14  exhausted local resources.  The general control and management 
156.15  of the facility shall be under the commissioner of corrections.  
156.16     Sec. 22.  Minnesota Statutes 1998, section 242.43, is 
156.17  amended to read: 
156.18     242.43 [COMMISSIONER, DUTIES.] 
156.19     The commissioner of corrections shall receive, clothe, 
156.20  maintain, and instruct, at the expense of the state, all 
156.21  children duly committed to the corrections department and placed 
156.22  in a state correctional facility for juveniles and keep them in 
156.23  custody until placed on probation, paroled, or discharged.  The 
156.24  commissioner may place any of these children in suitable foster 
156.25  care facilities or cause them to be instructed in such trades or 
156.26  employment as in the commissioner's judgment will be most 
156.27  conducive to their reformation and tend to the future benefit 
156.28  and advantage of these children.  The commissioner may discharge 
156.29  any child so committed, or may recall to the facility at any 
156.30  time any child paroled, placed on probation, or transferred; 
156.31  and, upon recall, may resume the care and control thereof.  The 
156.32  discharge of a child by the commissioner shall be a complete 
156.33  release from all penalties and disabilities created by reason of 
156.34  the commitment. 
156.35     Upon the parole or discharge of any inmate of any state 
156.36  juvenile correctional facility, the commissioner of corrections 
157.1   may pay to each inmate released an amount of money not exceeding 
157.2   the sum of $10.  All payments shall be made from the current 
157.3   expense fund of the facility.  
157.4      Sec. 23.  Minnesota Statutes 1998, section 242.44, is 
157.5   amended to read: 
157.6      242.44 [PUPILS.] 
157.7      The commissioner of corrections, so far as the 
157.8   accommodations of the correctional facilities and other means at 
157.9   the commissioner's disposal will permit, shall may receive and 
157.10  keep until they reach 19 years of age, or until placed in homes, 
157.11  or discharged, all persons committed to the commissioner's care 
157.12  and custody by a juvenile court juvenile delinquents and 
157.13  juvenile offenders serving a juvenile disposition under section 
157.14  260B.130, subdivision 4.  The commissioner's housing of these 
157.15  individuals must be consistent with federal and state law, 
157.16  including established admissions criteria for Minnesota 
157.17  correctional facility-Red Wing.  The commissioner may place 
157.18  these youths at employment, may provide education suitable to 
157.19  their years and capacity, and may place them in suitable homes.  
157.20  Under rules prescribed by the commissioner, when deemed best for 
157.21  these youths, they persons committed to the commissioner's care 
157.22  and custody by a juvenile court may be paroled or discharged 
157.23  from the facility by the commissioner.  All pupils in the 
157.24  facility shall be clothed, instructed, and maintained at the 
157.25  expense of the state by the commissioner of corrections. 
157.26     Sec. 24.  [260B.199] [PLACEMENT OF JUVENILE OFFENDERS AT 
157.27  MCF-RED WING.] 
157.28     Subdivision 1.  [WHEN COURT MUST CONSIDER; PROHIBITION ON 
157.29  PLACEMENT AT OUT-OF-STATE FACILITY.] Before a court orders a 
157.30  disposition under section 260B.198 or 260B.130, subdivision 4, 
157.31  for a child, the court shall determine whether the child meets 
157.32  the established admissions criteria for the Minnesota 
157.33  correctional facility-Red Wing.  If the child meets the 
157.34  admissions criteria, the court shall consider placing the child 
157.35  at the facility and may not place the child in an out-of-state 
157.36  facility, unless the court makes a finding on the record that 
158.1   the needs of the child cannot be met at the Minnesota 
158.2   correctional facility-Red Wing or that the out-of-state facility 
158.3   is located closer to the child's home. 
158.4      Subd. 2.  [REPORT REQUIRED.] (a) A court that places a 
158.5   child in an out-of-state facility shall report the following 
158.6   information to the sentencing guidelines commission: 
158.7      (1) the out-of-state facility the child was placed at and 
158.8   the reasons for this placement; 
158.9      (2) the in-state facilities at which placement was 
158.10  considered; 
158.11     (3) the reasons for not choosing an in-state facility; 
158.12     (4) the reasons why the child did not meet the established 
158.13  admissions criteria for the Minnesota correctional facility-Red 
158.14  Wing, if applicable; and 
158.15     (5) if the child met the admissions criteria, the reasons 
158.16  why the needs of the child could not be met at the Minnesota 
158.17  correctional facility-Red Wing or specific information on the 
158.18  distance to the out-of-state facility from the offender's home 
158.19  compared to that of the Minnesota correctional facility-Red Wing.
158.20     (b) By February 15 of each year, the commission shall 
158.21  forward a summary of the reports received from courts under this 
158.22  subdivision for the preceding year to the chairs and ranking 
158.23  minority members of the senate and house committees and 
158.24  divisions having jurisdiction over criminal justice policy and 
158.25  funding. 
158.26     Sec. 25.  [260B.1991] [MANDATORY COMMITMENT TO COMMISSIONER 
158.27  OF CORRECTIONS.] 
158.28     Subdivision 1.  [DEFINITIONS.] (a) As used in this section, 
158.29  the following terms have the meanings given them. 
158.30     (b) "Chemical dependency treatment" means a comprehensive 
158.31  set of planned and organized services, therapeutic experiences, 
158.32  and interventions that are intended to improve the prognosis, 
158.33  function, or outcome of residents by reducing the risk of the 
158.34  use of alcohol, drugs, or other mind-altering substances and 
158.35  assist the resident to adjust to, and deal more effectively 
158.36  with, life situations. 
159.1      (c) An offender has "failed or refused to successfully 
159.2   complete" treatment when based on factors within the offender's 
159.3   control, the offender is not able to substantially achieve the 
159.4   program's goals and the program's director determines that based 
159.5   on the offender's prior placement or treatment history, further 
159.6   participation in the program would not result in its successful 
159.7   completion. 
159.8      (d) "Probation" has the meaning given in section 609.02, 
159.9   subdivision 15. 
159.10     (e) "Sex offender treatment" means a comprehensive set of 
159.11  planned and organized services, therapeutic experiences, and 
159.12  interventions that are intended to improve the prognosis, 
159.13  function, or outcome of residents by reducing the risk of sexual 
159.14  reoffense and other aggressive behavior and assist the resident 
159.15  to adjust to, and deal more effectively with, life situations. 
159.16     Subd. 2.  [WHEN COMMITMENT REQUIRED.] (a) A court having 
159.17  jurisdiction over a child shall commit the child to the custody 
159.18  of the commissioner of corrections if the child: 
159.19     (1) was previously adjudicated delinquent or convicted as 
159.20  an extended jurisdiction juvenile for an offense for which 
159.21  registration under section 243.166 was required; 
159.22     (2) was placed on probation for the offense and ordered to 
159.23  complete a sex offender or chemical dependency treatment 
159.24  program; and 
159.25     (3) subsequently failed or refused to successfully complete 
159.26  the program. 
159.27     (b) If the child was initially convicted as an extended 
159.28  jurisdiction juvenile, the court may execute the child's adult 
159.29  sentence under section 260B.130, subdivision 4.  Notwithstanding 
159.30  paragraph (c), if the court does not do this, it shall comply 
159.31  with paragraph (a). 
159.32     (c) If the court makes a finding on the record that the 
159.33  needs of the child cannot be met at the Minnesota correctional 
159.34  facility-Red Wing, the court may order an appropriate 
159.35  alternative placement, including at an out-of-state facility 
159.36  that is located closer to the child's home than the Minnesota 
160.1   correctional facility-Red Wing. 
160.2      Subd. 3.  [REPORT REQUIRED.] (a) A court ordering a 
160.3   placement under subdivision 2, paragraph (c), shall report to 
160.4   the sentencing guidelines commission on the placement ordered 
160.5   and the reasons why the needs of the child could not be met at 
160.6   the Minnesota correctional facility-Red Wing.  If the placement 
160.7   is to an out-of-state facility, the report must include specific 
160.8   information on the distance to the out-of-state facility from 
160.9   the offender's home compared to that of the Minnesota 
160.10  correctional facility-Red Wing. 
160.11     (b) By February 15 of each year, the commission shall 
160.12  summarize the reports received from courts under this 
160.13  subdivision for the preceding year and forward this summary to 
160.14  the chairs and ranking minority members of the senate and house 
160.15  committees and divisions having jurisdiction over criminal 
160.16  justice policy and funding. 
160.17     Sec. 26.  [260B.551] [YOUTH SHELTER AND JUVENILE 
160.18  PROSTITUTION PREVENTION GRANTS.] 
160.19     Subdivision 1.  [ESTABLISHMENT.] A grant program is 
160.20  established to increase the availability of shelter for 
160.21  homeless, runaway, or thrown-away youth at risk of being 
160.22  prostituted or currently being used in prostitution.  The goal 
160.23  of the grants is to significantly increase the number of 
160.24  existing beds for these youth in Minnesota.  By providing 
160.25  emergency and transitional housing, the number of youth at risk 
160.26  of being sexually exploited or actually being sexually exploited 
160.27  will be reduced. 
160.28     Subd. 2.  [ELIGIBILITY.] The commissioner of human services 
160.29  shall make shelter and prevention grants to nonprofit 
160.30  corporations or government agencies to provide emergency and 
160.31  transitional housing for children and teens.  These grants may 
160.32  be used for salaries for staff providing these services.  The 
160.33  commissioner shall consider the needs for emergency and 
160.34  transitional shelter throughout Minnesota, and give priority to 
160.35  applicants who offer 24-hour emergency facilities.  To be 
160.36  eligible for a grant, a nonprofit corporation must meet the 
161.1   following criteria: 
161.2      (1) the applicant must have a commitment to helping the 
161.3   community or children, or preventing juvenile prostitution, if 
161.4   the organization does not have any past experience with youth 
161.5   involved or at risk of being used in prostitution then the 
161.6   organization must demonstrate their knowledge of the best 
161.7   practices in this area and develop a plan to follow these 
161.8   practices; 
161.9      (2) the grant must be used to create and maintain shelter 
161.10  for homeless, runaway, and thrown-away youth; 
161.11     (3) the applicant may not use the grant to conduct general 
161.12  education or awareness programs unrelated to the operation of a 
161.13  shelter; 
161.14     (4) the applicant must present a plan to communicate with 
161.15  local law enforcement officials, social services, and the 
161.16  department of human services consistent with state and federal 
161.17  law; and 
161.18     (5) the applicant must present a plan to encourage a 
161.19  homeless, runaway, or thrown-away youth to either reconnect with 
161.20  their family or transition into long-term housing. 
161.21     Subd. 3.  [GRANT APPLICATION.] A nonprofit corporation or 
161.22  government agency must submit an application to the commissioner 
161.23  of human services in the form and manner the commissioner 
161.24  establishes.  The application must describe how the applicant 
161.25  meets the eligibility criteria under subdivision 2.  The 
161.26  commissioner may require the applicant to provide additional 
161.27  information. 
161.28     Sec. 27.  [299A.71] [JUVENILE PROSTITUTION LAW ENFORCEMENT 
161.29  AND OFFICER TRAINING GRANTS.] 
161.30     Subdivision 1.  [ESTABLISHMENT.] A grant program is 
161.31  established for enhanced law enforcement efforts and peace 
161.32  officer education and training to combat juvenile prostitution.  
161.33  The goal of the grants is to provide peace officers with the 
161.34  knowledge and skills to recognize individuals who sexually 
161.35  exploit youth, charge and prosecute these individuals for 
161.36  promotion and solicitation of prostitution, and effectively 
162.1   communicate with the victims of juvenile prostitution. 
162.2      Subd. 2.  [ELIGIBILITY.] The commissioner of public safety 
162.3   shall make juvenile prostitution prevention grants to local law 
162.4   enforcement agencies to provide enhanced efforts targeted to 
162.5   juvenile prostitution and training and staff development 
162.6   relating to the prevention of juvenile prostitution.  The law 
162.7   enforcement agency must utilize all of the grant funding 
162.8   received for efforts to combat juvenile prostitution. 
162.9      Subd. 3.  [GRANT APPLICATION.] A local law enforcement 
162.10  agency must submit an application to the commissioner of public 
162.11  safety in the form and manner the commissioner establishes. 
162.12     Sec. 28.  [299N.01] [DEFINITIONS.] 
162.13     As used in this chapter, the following terms have the 
162.14  meanings given: 
162.15     (1) "commissioner" means the commissioner of public safety; 
162.16  and 
162.17     (2) "law enforcement agency" has the meaning given in 
162.18  section 626.84, subdivision 1. 
162.19     Sec. 29.  [299N.02] [CAPITOL POLICE DEPARTMENT.] 
162.20     Subdivision 1.  [DESCRIPTION AND RESPONSIBILITIES.] The 
162.21  capitol police department is a law enforcement agency organized 
162.22  as a division in the department of public safety.  It is 
162.23  responsible for providing law enforcement services in the 
162.24  capitol complex and in other state-owned or leased buildings and 
162.25  property as designated by the commissioner.  The department has 
162.26  primary jurisdiction over offenses occurring in these 
162.27  locations.  It is also responsible for providing necessary 
162.28  security to the following:  legislators; constitutional 
162.29  officers, except for the governor; members of the judiciary; 
162.30  commissioners of state agencies; state employees; visiting 
162.31  dignitaries; and members of the public.  In addition, the 
162.32  department shall provide public information services in the 
162.33  capitol complex. 
162.34     Subd. 2.  [DIRECTOR.] The capitol police department is 
162.35  under the supervision and control of a director appointed by the 
162.36  commissioner.  The director is the agency's chief law 
163.1   enforcement officer.  The director must be a peace officer, as 
163.2   defined in section 626.84, subdivision 1, paragraph (c), and 
163.3   licensed under sections 626.84 to 626.863, and possess the 
163.4   necessary police and management experience to manage a law 
163.5   enforcement agency.  The director serves at the commissioner's 
163.6   pleasure in the unclassified service.  The director may appoint, 
163.7   discipline, and discharge all of the department's personnel.  
163.8   The director shall ensure that only individuals licensed as 
163.9   peace officers, as defined in section 626.84, subdivision 1, 
163.10  paragraph (c), are assigned to duties involving the providing of 
163.11  law enforcement services and that only these officers wear 
163.12  uniforms consistent with section 626.88, subdivision 2. 
163.13     Subd. 3.  [STATEWIDE ARREST AUTHORITY.] Members of the 
163.14  capitol police department who are licensed peace officers 
163.15  possess statewide arrest authority. 
163.16     Subd. 4.  [RESPONSIBILITIES OF CAPITOL SECURITY DIVISION 
163.17  TRANSFERRED.] The responsibilities of the capitol complex 
163.18  security division are transferred to the capitol police 
163.19  department under section 15.039. 
163.20     Subd. 5.  [LEGISLATURE'S AUTHORITY NOT SUPERSEDED.] This 
163.21  section shall not be construed to supersede the power of the 
163.22  legislature to appoint and assign personnel and equipment 
163.23  necessary for the conduct of its business. 
163.24     Subd. 6.  [COMPLIANCE WITH OTHER LAWS.] Except as provided 
163.25  in this chapter: 
163.26     (1) the capitol police department is subject to all laws 
163.27  governing the operation and management of a law enforcement 
163.28  agency; and 
163.29     (2) members of the capitol police department who are 
163.30  licensed peace officers are subject to all laws governing the 
163.31  qualifications and conduct of peace officers. 
163.32     Subd. 7.  [TRAINING.] The director shall ensure that 
163.33  capitol police officers and employees receive appropriate 
163.34  training and support, including the additional training and 
163.35  support recommended in the January 2000 Capitol Complex Security 
163.36  Study, option 2, item 1. 
164.1      Sec. 30.  [299N.03] [CAPITOL COMPLEX SECURITY OVERSIGHT 
164.2   COMMITTEE.] 
164.3      Subdivision 1.  [MEMBERSHIP.] (a) The capitol complex 
164.4   oversight committee consists of the following individuals or 
164.5   their designees: 
164.6      (1) the senate majority leader; 
164.7      (2) the speaker of the house of representatives; 
164.8      (3) the chief justice of the supreme court; 
164.9      (4) the chair of the senate committee or division having 
164.10  jurisdiction over criminal justice funding; 
164.11     (5) the chair of the house of representatives committee or 
164.12  division having jurisdiction over criminal justice funding; 
164.13     (6) the commissioner of public safety; 
164.14     (7) the commissioner of administration; 
164.15     (8) the senate sergeant at arms; 
164.16     (9) the house of representatives' sergeant at arms; 
164.17     (10) the director of the state historical society; 
164.18     (11) the president of a statewide association representing 
164.19  government relations professionals; 
164.20     (12) the director of the capitol police department; and 
164.21     (13) an employee of the capitol police department, chosen 
164.22  by the organization serving as its employees' exclusive 
164.23  representative. 
164.24     (b) The committee may elect a chair from among its 
164.25  members.  The director and the employee of the capitol police 
164.26  department may not vote on matters relating to the department's 
164.27  budget or evaluating its effectiveness or other matters in which 
164.28  they have a conflict of interest. 
164.29     Subd. 2.  [DUTIES.] The oversight committee shall: 
164.30     (1) develop both a short-term and a long-term plan relating 
164.31  to the provision of security in the capitol complex and in other 
164.32  state-owned or leased buildings and property, including 
164.33  providing necessary security to the following:  legislators, 
164.34  constitutional officers, members of the judiciary, commissioners 
164.35  of state agencies, state employees, visiting dignitaries, and 
164.36  members of the public; 
165.1      (2) develop guidelines that may be used to evaluate the 
165.2   methods by which this security is provided; 
165.3      (3) evaluate the budget for providing this security and 
165.4   make annual budgetary recommendations to the legislature; and 
165.5      (4) provide oversight to the entity providing capitol area 
165.6   security and annually report to the legislature on the entity's 
165.7   effectiveness. 
165.8   The plans described in clause (1) must consider potential 
165.9   shifting needs for security and the impact of new security 
165.10  technology. 
165.11     Subd. 3.  [EXPIRATION AND COMPENSATION.] Notwithstanding 
165.12  section 15.059, the oversight committee does not expire.  
165.13  Committee members may not receive compensation for serving, but 
165.14  may receive expense reimbursements as provided in section 15.059.
165.15     Sec. 31.  [299N.04] [CONTRACT SERVICES; APPROPRIATION.] 
165.16     Fees received for contracted security services provided by 
165.17  the capitol police department are to be credited to a special 
165.18  account in the treasury and are appropriated annually to the 
165.19  commissioner to be used for the operation of the department. 
165.20     Sec. 32.  Minnesota Statutes 1998, section 477A.0121, 
165.21  subdivision 4, is amended to read: 
165.22     Subd. 4.  [PUBLIC DEFENDER COSTS.] Each calendar year, 1.5 
165.23  percent of the total appropriation for this section shall be 
165.24  retained by the commissioner of revenue to make reimbursements 
165.25  to the commissioner of finance for payments made under section 
165.26  611.27.  The reimbursements shall be to defray the additional 
165.27  costs associated with court-ordered counsel under section 611.27 
165.28  and the costs of services other than counsel under section 
165.29  611.27, subdivision 16.  Any retained amounts not used for 
165.30  reimbursement in a year shall be included in the next 
165.31  distribution of county criminal justice aid that is certified to 
165.32  the county auditors for the purpose of property tax reduction 
165.33  for the next taxes payable year. 
165.34     Sec. 33.  Minnesota Statutes 1998, section 609.322, 
165.35  subdivision 1, is amended to read: 
165.36     Subdivision 1.  [INDIVIDUALS UNDER AGE 16 18.] Whoever, 
166.1   while acting other than as a prostitute or patron, intentionally 
166.2   does any of the following may be sentenced to imprisonment for 
166.3   not more than 20 years or to payment of a fine of not more than 
166.4   $40,000, or both: 
166.5      (1) solicits or induces an individual under the age of 16 
166.6   18 years to practice prostitution; 
166.7      (2) promotes the prostitution of an individual under the 
166.8   age of 16 18 years; or 
166.9      (3) receives profit, knowing or having reason to know that 
166.10  it is derived from the prostitution, or the promotion of the 
166.11  prostitution, of an individual under the age of 16 18 years. 
166.12     Sec. 34.  Minnesota Statutes 1998, section 611.21, is 
166.13  amended to read: 
166.14     611.21 [SERVICES OTHER THAN COUNSEL.] 
166.15     (a) Private counsel appointed by the court for an indigent 
166.16  defendant, or representing a defendant who, at the outset of the 
166.17  prosecution, has an annual income not greater than 125 percent 
166.18  of the poverty line established under United States Code, title 
166.19  42, section 9902(2), and public defenders in districts that are 
166.20  not fully state funded, may file an ex parte application 
166.21  requesting investigative, expert, or other services necessary to 
166.22  an adequate defense in the case.  Upon finding, after 
166.23  appropriate inquiry in an ex parte proceeding, that the services 
166.24  are necessary and that the defendant is financially unable to 
166.25  obtain them, the court shall authorize counsel to obtain the 
166.26  services on behalf of the defendant.  The court may establish a 
166.27  limit on the amount which may be expended or promised for such 
166.28  services.  The court may, in the interests of justice, and upon 
166.29  a finding that timely procurement of necessary services could 
166.30  not await prior authorization, ratify such services after they 
166.31  have been obtained, but such ratification shall be given only in 
166.32  unusual situations.  The court shall determine reasonable 
166.33  compensation for the services and direct payment by the county 
166.34  in which the prosecution originated, to the organization or 
166.35  person who rendered them, upon the filing of a claim for 
166.36  compensation supported by an affidavit specifying the time 
167.1   expended, services rendered, and expenses incurred on behalf of 
167.2   the defendant, and the compensation received in the same case or 
167.3   for the same services from any other source.  
167.4      (b) The compensation to be paid to a person for such 
167.5   service rendered to a defendant under this section, or to be 
167.6   paid to an organization for such services rendered by an 
167.7   employee, may not exceed $1,000, exclusive of reimbursement for 
167.8   expenses reasonably incurred, unless payment in excess of that 
167.9   limit is certified by the court as necessary to provide fair 
167.10  compensation for services of an unusual character or duration 
167.11  and the amount of the excess payment is approved by the chief 
167.12  judge of the district.  The chief judge of the judicial district 
167.13  may delegate approval authority to an active district judge.  
167.14     (c) If the court denies authorizing counsel to obtain 
167.15  services on behalf of the defendant, the court shall make 
167.16  written findings of fact and conclusions of law that state the 
167.17  basis for determining that counsel may not obtain services on 
167.18  behalf of the defendant.  When the court issues an order denying 
167.19  counsel the authority to obtain services, the defendant may 
167.20  appeal immediately from that order to the court of appeals and 
167.21  may request an expedited hearing. 
167.22     (d) The provisions of this section do not apply to 
167.23  representation by a public defender appointed by the court in 
167.24  districts that are fully state funded. 
167.25     Sec. 35.  Minnesota Statutes 1998, section 611.27, 
167.26  subdivision 5, is amended to read: 
167.27     Subd. 5.  [DISTRICT PUBLIC DEFENDER BUDGETS.] The board of 
167.28  public defense may only fund those items and services in 
167.29  district public defender budgets which were included in the 
167.30  original budgets of district public defender offices as of 
167.31  January 1, 1990.  All other public defense related costs remain 
167.32  the responsibility of the counties unless the state specifically 
167.33  appropriates for these.  The cost of additional state funding of 
167.34  these items and services must be offset by reductions in local 
167.35  aids in the same manner as the original state takeover, or, in 
167.36  the case of expenses other than counsel under section 611.27, 
168.1   subdivision 16, by the use of county criminal justice aid under 
168.2   section 477A.0121, subdivision 4.  
168.3      Sec. 36.  Minnesota Statutes 1998, section 611.27, is 
168.4   amended by adding a subdivision to read: 
168.5      Subd. 16.  [SERVICES OTHER THAN COUNSEL.] (a) An assistant 
168.6   public defender, who has been appointed by the court to 
168.7   represent an indigent defendant, may request from the board of 
168.8   public defense, funds to pay for investigative, expert or other 
168.9   services necessary to an adequate defense in the case. 
168.10     (b) The board of public defense shall pay for the services 
168.11  described in paragraph (a) in districts fully funded by the 
168.12  state from funds appropriated for that purpose.  If sufficient 
168.13  funds are not available to the board, the commissioner of 
168.14  finance shall make payment from county criminal justice aid 
168.15  retained by the commissioner of revenue for that purpose under 
168.16  section 477A.0121, subdivision 4. 
168.17     (c) In districts that are not fully funded by the state, 
168.18  the board shall pay a total annual amount of not more than 25 
168.19  percent of the total amount specifically appropriated to it to 
168.20  pay for the services described in paragraph (a). 
168.21     Sec. 37.  Minnesota Statutes 1998, section 611A.32, 
168.22  subdivision 5, is amended to read: 
168.23     Subd. 5.  [CLASSIFICATION OF DATA COLLECTED BY GRANTEES.] 
168.24  Personal history information and other information collected, 
168.25  used or maintained by a grantee or a shelter facility receiving 
168.26  per diem payments from which the identity of any battered woman 
168.27  may be determined is private data on individuals, as defined in 
168.28  section 13.02, subdivision 12, and the grantee or facility shall 
168.29  maintain the data in accordance with the provisions of chapter 
168.30  13. 
168.31     Sec. 38.  [611A.37] [DEFINITIONS.] 
168.32     Subdivision 1.  [SCOPE.] For purposes of sections 611A.37 
168.33  to 611A.375, the terms defined have the meanings given them 
168.34  unless otherwise provided or indicated by the context. 
168.35     Subd. 2.  [DIRECTOR.] "Director" means the director of the 
168.36  Minnesota center for crime victim services or a designee. 
169.1      Subd. 3.  [CENTER.] "Center" means the Minnesota center for 
169.2   crime victim services. 
169.3      Subd. 4.  [SHELTER FACILITY.] "Shelter facility" means a 
169.4   secure crisis shelter, housing network, safe home, or other 
169.5   facility operated by a nonprofit organization and designated by 
169.6   the center for the purpose of providing food, lodging, safety, 
169.7   and 24-hour coverage for battered women and their children. 
169.8      Subd. 5.  [DESIGNATED SHELTER FACILITY.] "Designated 
169.9   shelter facility" means a facility that has applied and been 
169.10  approved by the center to provide shelter and services to 
169.11  battered women and their children. 
169.12     Subd. 6.  [PER DIEM RATE.] "Per diem rate" means a daily 
169.13  charge per person for providing food, lodging, safety, and 
169.14  24-hour coverage for battered women and their children. 
169.15     Subd. 7.  [RESERVE AMOUNT.] "Reserve amount" means the 
169.16  amount the center has reserved for each shelter facility. 
169.17     Subd. 8.  [SHELTER RESIDENT.] "Shelter resident" means a 
169.18  woman or child residing in a shelter facility. 
169.19     Subd. 9.  [BATTERED WOMAN.] "Battered woman" means a woman 
169.20  who has experienced domestic abuse as defined in section 
169.21  518B.01, subdivision 2, paragraph (a). 
169.22     Sec. 39.  [611A.371] [PROGRAM PURPOSE.] 
169.23     The purpose of the per diem program is to provide 
169.24  reimbursement in a timely, efficient manner to local programs 
169.25  for maintenance and security costs to assure the availability of 
169.26  safe shelter for battered women.  Per diem funding may not be 
169.27  used for other purposes. 
169.28     Sec. 40.  [611A.372] [DUTIES OF THE DIRECTOR.] 
169.29     In addition to any other duties imposed by law, the 
169.30  director, with the approval of the commissioner of public 
169.31  safety, shall: 
169.32     (1) supervise the administration of per diem payments to 
169.33  shelter facilities; 
169.34     (2) collect data on shelter facilities; 
169.35     (3) conduct an annual evaluation of the per diem program; 
169.36  and 
170.1      (4) report to the governor and the legislature on the need 
170.2   for emergency secure shelter. 
170.3      Sec. 41.  [611A.373] [ELIGIBILITY.] 
170.4      Designated shelter facilities may seek reimbursement for 
170.5   reasonable and necessary costs of providing battered women and 
170.6   their children with food, lodging, and safety. 
170.7      Sec. 42.  [611A.374] [PAYMENTS.] 
170.8      Subdivision 1.  [PAYMENT REQUESTS.] Designated shelter 
170.9   facilities may submit requests for payment monthly based on the 
170.10  number of persons housed.  Upon approval of the request for 
170.11  payment by the center, payments shall be made directly to 
170.12  designated shelter facilities from per diem funds on behalf of 
170.13  women and their children who reside in the shelter facility.  
170.14  Payments made to a designated shelter facility must not exceed 
170.15  the annual reserve amount for that facility unless approved by 
170.16  the director.  Payments to designated shelter facilities must 
170.17  not affect the eligibility of individuals who reside in shelter 
170.18  facilities for public assistance benefits except when required 
170.19  by federal law or regulation. 
170.20     Subd. 2.  [RESERVE AMOUNT LIMITATION.] The total of all 
170.21  reserve amounts shall not exceed the per diem appropriation. 
170.22     Sec. 43.  [611A.3745] [CONSULTATION WITH BATTERED WOMEN 
170.23  ADVISORY COUNCIL.] 
170.24     The director shall consult with the battered women advisory 
170.25  council when performing duties under sections 611A.371 to 
170.26  611A.375. 
170.27     Sec. 44.  [611A.375] [APPEAL PROCESS.] 
170.28     Within 30 days after receiving a decision by the center to 
170.29  deny payment, a designated shelter facility may request 
170.30  reconsideration.  A facility may not appeal a decision by the 
170.31  center to deny payments in excess of the facility's reserve 
170.32  amount.  A designated shelter facility denied payment upon 
170.33  reconsideration is entitled to a contested case hearing within 
170.34  the meaning of chapter 14. 
170.35     Sec. 45.  Minnesota Statutes 1999 Supplement, section 
170.36  626.84, subdivision 1, is amended to read: 
171.1      Subdivision 1.  [DEFINITIONS.] For purposes of sections 
171.2   626.84 to 626.863, the following terms have the meanings given 
171.3   them: 
171.4      (a) "Board" means the board of peace officer standards and 
171.5   training. 
171.6      (b) "Director" means the executive director of the board. 
171.7      (c) "Peace officer" means: 
171.8      (1) an employee or an elected or appointed official of a 
171.9   political subdivision or law enforcement agency who is licensed 
171.10  by the board, charged with the prevention and detection of crime 
171.11  and the enforcement of the general criminal laws of the state 
171.12  and who has the full power of arrest, and shall also include the 
171.13  Minnesota state patrol, agents of the division of alcohol and 
171.14  gambling enforcement, state conservation officers, capitol 
171.15  police officers, and metropolitan transit police officers; and 
171.16     (2) a peace officer who is employed by a law enforcement 
171.17  agency of a federally recognized tribe, as defined in United 
171.18  States Code, title 25, section 450b(e), and who is licensed by 
171.19  the board. 
171.20     (d) "Constable" has the meaning assigned to it in section 
171.21  367.40. 
171.22     (e) "Deputy constable" has the meaning assigned to it in 
171.23  section 367.40. 
171.24     (f) "Part-time peace officer" means an individual licensed 
171.25  by the board whose services are utilized by law enforcement 
171.26  agencies no more than an average of 20 hours per week, not 
171.27  including time spent on call when no call to active duty is 
171.28  received, calculated on an annual basis, who has either full 
171.29  powers of arrest or authorization to carry a firearm while on 
171.30  active duty.  The term shall apply even though the individual 
171.31  receives no compensation for time spent on active duty, and 
171.32  shall apply irrespective of the title conferred upon the 
171.33  individual by any law enforcement agency.  The limitation on the 
171.34  average number of hours in which the services of a part-time 
171.35  peace officer may be utilized shall not apply to a part-time 
171.36  peace officer who has formally notified the board pursuant to 
172.1   rules adopted by the board of the part-time peace officer's 
172.2   intention to pursue the specialized training for part-time peace 
172.3   officers who desire to become peace officers pursuant to 
172.4   sections 626.843, subdivision 1, clause (g), and 626.845, 
172.5   subdivision 1, clause (g). 
172.6      (g) "Reserve officer" means an individual whose services 
172.7   are utilized by a law enforcement agency to provide 
172.8   supplementary assistance at special events, traffic or crowd 
172.9   control, and administrative or clerical assistance.  A reserve 
172.10  officer's duties do not include enforcement of the general 
172.11  criminal laws of the state, and the officer does not have full 
172.12  powers of arrest or authorization to carry a firearm on duty. 
172.13     (h) "Law enforcement agency" means: 
172.14     (1) a unit of state or local government that is authorized 
172.15  by law to grant full powers of arrest and to charge a person 
172.16  with the duties of preventing and detecting crime and enforcing 
172.17  the general criminal laws of the state; and 
172.18     (2) subject to the limitations in section 626.93, a law 
172.19  enforcement agency of a federally recognized tribe, as defined 
172.20  in United States Code, title 25, section 450b(e). 
172.21     (i) "Professional peace officer education" means a 
172.22  post-secondary degree program, or a nondegree program for 
172.23  persons who already have a college degree, that is offered by a 
172.24  college or university in Minnesota, designed for persons seeking 
172.25  licensure as a peace officer, and approved by the board. 
172.26     Sec. 46.  Laws 1999, chapter 216, article 1, section 7, 
172.27  subdivision 6, is amended to read: 
172.28  Subd. 6.  Law Enforcement and Community Grants
172.29      10,290,000      7,583,000 
172.30  $1,000,000 the first year is for grants 
172.31  to pay the costs of developing or 
172.32  implementing a criminal justice 
172.33  information integration plan as 
172.34  described in Minnesota Statutes, 
172.35  section 299C.65, subdivision 6 or 7.  
172.36  The commissioner shall make a minimum 
172.37  of two grants from this appropriation. 
172.38  This is a one-time appropriation. 
172.39  The commissioner of public safety shall 
172.40  consider using a portion of federal 
172.41  Byrne grant funds for costs related to 
173.1   developing or implementing a criminal 
173.2   justice information system integration 
173.3   plan as described in Minnesota 
173.4   Statutes, section 299C.65, subdivision 
173.5   6 or 7. 
173.6   $400,000 the first year is for a grant 
173.7   to the city of Marshall to construct, 
173.8   furnish, and equip a regional emergency 
173.9   response training center.  The balance, 
173.10  if any, does not cancel but is 
173.11  available for the fiscal year ending 
173.12  June 30, 2001. 
173.13  $10,000 the first year is for the 
173.14  commissioner of public safety to 
173.15  reconvene the task force that developed 
173.16  the statewide master plan for fire and 
173.17  law enforcement training facilities 
173.18  under Laws 1998, chapter 404, section 
173.19  21, subdivision 3, for the purpose of 
173.20  developing specific recommendations 
173.21  concerning the siting, financing and 
173.22  use of these training facilities.  The 
173.23  commissioner's report shall include 
173.24  detailed recommendations concerning the 
173.25  following issues: 
173.26  (1) the specific cities, counties, or 
173.27  regions of the state where training 
173.28  facilities should be located; 
173.29  (2) the reasons why a training facility 
173.30  should be sited in the recommended 
173.31  location, including a description of 
173.32  the public safety training needs in 
173.33  that part of the state; 
173.34  (3) the extent to which neighboring 
173.35  cities and counties should be required 
173.36  to collaborate in funding and operating 
173.37  the recommended training facilities; 
173.38  (4) an appropriate amount for a local 
173.39  funding match (up to 50 percent) for 
173.40  cities and counties using the training 
173.41  facility to contribute in money or 
173.42  other resources to build, expand, or 
173.43  operate the facility; 
173.44  (5) the feasibility of providing 
173.45  training at one or more of the 
173.46  recommended facilities for both law 
173.47  enforcement and fire safety personnel; 
173.48  (6) whether the regional or statewide 
173.49  need for increased public safety 
173.50  training resources can be met through 
173.51  the expansion of existing training 
173.52  facilities rather than the creation of 
173.53  new facilities and, if so, which 
173.54  facilities should be expanded; and 
173.55  (7) any other issues the task force 
173.56  deems relevant. 
173.57  By January 15, 2000, the commissioner 
173.58  shall submit the report to the chairs 
173.59  and ranking minority members of the 
173.60  house and senate committees and 
173.61  divisions with jurisdiction over 
174.1   capital investment issues and criminal 
174.2   justice funding and policy. 
174.3   $746,000 the first year and $766,000 
174.4   the second year are for personnel and 
174.5   administrative costs for the criminal 
174.6   gang oversight council and strike force 
174.7   described in Minnesota Statutes, 
174.8   section 299A.64. 
174.9   $1,171,000 the first year and 
174.10  $2,412,000 are for the grants 
174.11  authorized under Minnesota Statutes, 
174.12  section 299A.66, subdivisions 1 and 2.  
174.13  Of this appropriation, $1,595,000 each 
174.14  year shall be included in the 2002-2003 
174.15  biennial base budget. 
174.16  By January 15, 2000, the criminal gang 
174.17  oversight council shall submit a report 
174.18  to the chairs and ranking minority 
174.19  members of the senate and house 
174.20  committees and divisions with 
174.21  jurisdiction over criminal justice 
174.22  funding and policy describing the 
174.23  following: 
174.24  (1) the types of crimes on which the 
174.25  oversight council and strike force have 
174.26  primarily focused their investigative 
174.27  efforts since their inception; 
174.28  (2) a detailed accounting of how the 
174.29  oversight council and strike force have 
174.30  spent all funds and donations they have 
174.31  received since their inception, 
174.32  including donations of goods and 
174.33  services; 
174.34  (3) the extent to which the activities 
174.35  of the oversight council and strike 
174.36  force overlap or duplicate the 
174.37  activities of the fugitive task force 
174.38  or the activities of any federal, 
174.39  state, or local task forces that 
174.40  investigate interjurisdictional 
174.41  criminal activity; and 
174.42  (4) the long-term goals that the 
174.43  criminal gang oversight council and 
174.44  strike force hope to achieve. 
174.45  The commissioner of public safety shall 
174.46  consider using a portion of federal 
174.47  Byrne grant funds for criminal gang 
174.48  prevention and intervention activities 
174.49  to (1) help gang members separate 
174.50  themselves, or remain separated, from 
174.51  gangs; and (2) prevent individuals from 
174.52  becoming affiliated with gangs. 
174.53  $50,000 the first year is for a grant 
174.54  to the Minnesota Safety Council to 
174.55  continue the crosswalk safety awareness 
174.56  campaign.  The Minnesota Safety Council 
174.57  shall work with the department of 
174.58  transportation to develop a long range 
174.59  plan to continue the crosswalk safety 
174.60  awareness campaign. 
174.61  $500,000 the first year is for grants 
175.1   under Minnesota Statutes, section 
175.2   299A.62, subdivision 1. These grants 
175.3   shall be distributed as provided in 
175.4   Minnesota Statutes, section 299A.62, 
175.5   subdivision 2.  This is a one-time 
175.6   appropriation. 
175.7   Up to $30,000 of the appropriation for 
175.8   grants under Minnesota Statutes, 
175.9   section 299A.62, is for grants to 
175.10  requesting local law enforcement 
175.11  agencies to purchase dogs trained to 
175.12  detect or locate controlled substances 
175.13  by scent.  Grants are limited to one 
175.14  dog per county. 
175.15  $50,000 the first year and $50,000 the 
175.16  second year are for grants to the 
175.17  northwest Hennepin human services 
175.18  council to administer the northwest 
175.19  community law enforcement project, to 
175.20  be available until June 30, 2001.  This 
175.21  is a one-time appropriation. 
175.22  $30,000 the first year is to assist 
175.23  volunteer ambulance services, licensed 
175.24  under Minnesota Statutes, chapter 144E, 
175.25  in purchasing automatic external 
175.26  defibrillators.  Ambulance services are 
175.27  eligible for a grant under this 
175.28  provision if they do not already 
175.29  possess an automatic external 
175.30  defibrillator and if they provide a 25 
175.31  percent match in nonstate funds.  This 
175.32  is a one-time appropriation. 
175.33  $50,000 the first year and $50,000 the 
175.34  second year are for grants under 
175.35  Minnesota Statutes, section 119A.31, 
175.36  subdivision 1, clause (12), to 
175.37  organizations that focus on 
175.38  intervention and prevention of teenage 
175.39  prostitution. 
175.40  The commissioner of public safety shall 
175.41  administer a program to distribute tire 
175.42  deflators to local or state law 
175.43  enforcement agencies selected by the 
175.44  commissioner of public safety and to 
175.45  distribute or otherwise make available 
175.46  a computer-controlled driving simulator 
175.47  to local or state law enforcement 
175.48  agencies or POST-certified skills 
175.49  programs selected by the commissioner 
175.50  of public safety. 
175.51  Before any decisions are made on which 
175.52  law enforcement agencies will receive 
175.53  tire deflators or the driving 
175.54  simulator, a committee consisting of a 
175.55  representative from the Minnesota 
175.56  chiefs of police association, a 
175.57  representative from the Minnesota 
175.58  sheriffs association, a representative 
175.59  from the state patrol, and a 
175.60  representative from the Minnesota 
175.61  police and peace officers association 
175.62  shall evaluate the applications.  The 
175.63  commissioner shall consult with the 
175.64  committee concerning its evaluation and 
175.65  recommendations on distribution 
176.1   proposals prior to making a final 
176.2   decision on distribution.  
176.3   Law enforcement agencies that receive 
176.4   tire deflators under this section 
176.5   must:  (i) provide any necessary 
176.6   training to their employees concerning 
176.7   use of the tire deflators; (ii) compile 
176.8   statistics on use of the tire deflators 
176.9   and the results; (iii) provide a 
176.10  one-to-one match in nonstate funds; and 
176.11  (iv) report this information to the 
176.12  commissioner as required. 
176.13  Law enforcement agencies or 
176.14  POST-certified skills programs that 
176.15  receive a computer-controlled driving 
176.16  simulator under this section must: 
176.17  (1) provide necessary training to their 
176.18  employees in emergency vehicle 
176.19  operations and in the conduct of police 
176.20  pursuits; 
176.21  (2) provide a five-year plan for 
176.22  maintaining the hardware necessary to 
176.23  operate the driving simulator; 
176.24  (3) provide a five-year plan to update 
176.25  software necessary to operate the 
176.26  driving simulator; 
176.27  (4) provide a plan to make the driving 
176.28  simulator available at a reasonable 
176.29  cost and with reasonable availability 
176.30  to other law enforcement agencies to 
176.31  train their officers; and 
176.32  (5) provide an estimate of the 
176.33  availability of the driving simulator 
176.34  for use by other law enforcement 
176.35  agencies. 
176.36  By January 15, 2001, the commissioner 
176.37  shall report to the chairs and ranking 
176.38  minority members of the house and 
176.39  senate committees and divisions having 
176.40  jurisdiction over criminal justice 
176.41  matters on the tire deflators and the 
176.42  driving simulator distributed under 
176.43  this section. 
176.44  $285,000 the first year is for a 
176.45  one-time grant to the city of 
176.46  Minneapolis to implement a coordinated 
176.47  criminal justice system response to the 
176.48  CODEFOR (Computer Optimized 
176.49  Development-Focus on Results) law 
176.50  enforcement strategy.  This 
176.51  appropriation is available until 
176.52  expended. 
176.53  $795,000 the first year is for a 
176.54  one-time grant to Hennepin county to 
176.55  implement a coordinated criminal 
176.56  justice system response to the CODEFOR 
176.57  (Computer Optimized Development-Focus 
176.58  on Results) law enforcement strategy.  
176.59  This appropriation is available until 
176.60  expended. 
177.1   $420,000 the first year is for a 
177.2   one-time grant to the fourth judicial 
177.3   district public defender's office to 
177.4   accommodate the CODEFOR (Computer 
177.5   Optimized Development-Focus on Results) 
177.6   law enforcement strategy.  This 
177.7   appropriation is available until 
177.8   expended. 
177.9   $150,000 the first year and $150,000 
177.10  the second year are for weed and seed 
177.11  grants under Minnesota Statutes, 
177.12  section 299A.63.  Money not expended 
177.13  the first year is available for grants 
177.14  during the second year.  This is a 
177.15  one-time appropriation. 
177.16  $200,000 each year is a one-time 
177.17  appropriation for a grant to the center 
177.18  for reducing rural violence to continue 
177.19  the technical assistance and related 
177.20  rural violence prevention services the 
177.21  center offers to rural communities.  
177.22  $500,000 the first year and $500,000 
177.23  the second year are to operate the 
177.24  weekend camp program at Camp Ripley 
177.25  described in Laws 1997, chapter 239, 
177.26  article 1, section 12, subdivision 3, 
177.27  as amended by Laws 1998, chapter 367, 
177.28  article 10, section 13.  The powers and 
177.29  duties of the department of corrections 
177.30  with respect to the weekend program are 
177.31  transferred to the department of public 
177.32  safety under Minnesota Statutes, 
177.33  section 15.039.  The commissioner shall 
177.34  attempt to expand the program to serve 
177.35  500 juveniles per year within this 
177.36  appropriation. 
177.37  An additional $125,000 the first year 
177.38  and $125,000 the second year are for 
177.39  the weekend camp program at Camp Ripley.
177.40  $500,000 the first year and $500,000 
177.41  the second year are for Asian-American 
177.42  juvenile crime intervention and 
177.43  prevention grants under Minnesota 
177.44  Statutes, section 256.486.  The powers 
177.45  and duties of the department of human 
177.46  services, with respect to that program, 
177.47  are transferred to the department of 
177.48  public safety under Minnesota Statutes, 
177.49  section 15.039.  This is a one-time 
177.50  appropriation. 
177.51     Sec. 47.  Laws 1999, chapter 216, article 1, section 18, is 
177.52  amended to read: 
177.53  Sec. 18.  AUTOMOBILE THEFT PREVENTION 
177.54  BOARD                                  2,277,000      1,886,000 
177.55  This appropriation is from the 
177.56  automobile theft prevention account in 
177.57  the special revenue fund. 
177.58  Of this appropriation, up to $400,000 
177.59  the first year is transferred to the 
177.60  commissioner of public safety for the 
177.61  purchase and distribution of tire 
178.1   deflators to local or state law 
178.2   enforcement agencies and for the 
178.3   purchase of a computer-controlled 
178.4   driving simulator.  Any amount not 
178.5   spent by the commissioner of public 
178.6   safety for this purpose shall be 
178.7   returned to the automobile theft 
178.8   prevention account in the special 
178.9   revenue fund and may be used for other 
178.10  automobile theft prevention activities. 
178.11  The automobile theft prevention board 
178.12  may not spend any money it receives 
178.13  from surcharges in the fiscal year 
178.14  2000-2001 biennium, unless the 
178.15  legislature approves the spending. 
178.16  The executive director of the 
178.17  automobile theft prevention board may 
178.18  not sit on the automobile theft 
178.19  prevention board. 
178.20     Sec. 48.  [AUTOMATED VICTIM NOTIFICATION SYSTEM.] 
178.21     All courts and state and local correctional facilities 
178.22  shall consider implementing an automated victim notification 
178.23  system.  The commissioner of public safety, in cooperation with 
178.24  the commissioners of children, families, and learning; 
178.25  corrections; and economic security; shall provide financial 
178.26  assistance to implement these systems.  The commissioners shall 
178.27  determine the extent of the financial assistance and the manner 
178.28  in which it will be provided.  Participating local governments 
178.29  shall provide a cash or in-kind match as determined by the 
178.30  commissioner of public safety. 
178.31     Sec. 49.  [COURT SECURITY TRAINING PROGRAM.] 
178.32     The superintendent of the bureau of criminal apprehension 
178.33  shall develop and implement a training program for court and law 
178.34  enforcement personnel.  The training program must: 
178.35     (1) include methods to increase security within court 
178.36  houses and surrounding property; 
178.37     (2) focus on protecting judges, court employees, members of 
178.38  the public, and participants in the legal process; and 
178.39     (3) allow individuals who receive it to, in turn, 
178.40  effectively train others. 
178.41     Sec. 50.  [CROSSWALK SAFETY AWARENESS PROGRAM.] 
178.42     The Minnesota safety council shall continue its crosswalk 
178.43  safety awareness program by: 
178.44     (1) developing and distributing crosswalk safety education 
179.1   campaign materials; 
179.2      (2) creating and placing advertisements in mass media 
179.3   throughout the state; and 
179.4      (3) making grants to local units of government and law 
179.5   enforcement agencies for: 
179.6      (i) implementing pedestrian safety awareness activities; 
179.7      (ii) providing increased signage and crosswalk markings and 
179.8   evaluating their effect on highway safety; and 
179.9      (iii) enhancing enforcement of pedestrian safety laws. 
179.10     Sec. 51.  [DOMESTIC VIOLENCE SHELTER STUDY.] 
179.11     By March 15, 2001, the center for applied research and 
179.12  policy analysis at Metropolitan State University, in cooperation 
179.13  with the Minnesota center for crime victim services and the 
179.14  department of public safety, shall study and make 
179.15  recommendations to the chairs and ranking minority members of 
179.16  the senate and house committees and divisions having 
179.17  jurisdiction over criminal justice funding on issues related to 
179.18  providing shelter for victims of domestic violence.  The study 
179.19  must estimate the relative impact of the following, as it 
179.20  relates to providing shelter for victims of domestic violence: 
179.21     (1) the incidence of domestic violence; 
179.22     (2) law enforcement practices in response to domestic 
179.23  violence; 
179.24     (3) the number of victims seeking shelter and whether 
179.25  adequate shelter space exists, and trends regarding this; 
179.26     (4) the number of victims who have children also needing 
179.27  shelter; 
179.28     (5) the financial status of domestic violence victims; 
179.29     (6) the necessary length of stay in shelters; and 
179.30     (7) opportunities for victims to leave shelters. 
179.31  In studying these issues, the center shall analyze costs and 
179.32  demand for shelters in other states having programs comparable 
179.33  to Minnesota's. 
179.34     Sec. 52.  [REDUCTION IN CORRECTIONS APPROPRIATION.] 
179.35     The fiscal year 2001 appropriation for juvenile residential 
179.36  treatment grants in Laws 1999, chapter 216, article 1, section 
180.1   13, subdivision 4, is reduced by $5,000,000.  The commissioner 
180.2   of finance shall reflect this reduction in the department of 
180.3   corrections' base budget for the next biennium. 
180.4      Sec. 53.  [STUDY; REPORT.] 
180.5      (a) The commissioner of corrections shall study the state's 
180.6   juvenile correctional system as it relates to serious and 
180.7   chronic offenders.  The study must analyze and make proposals 
180.8   regarding: 
180.9      (1) the role of the state and counties in providing 
180.10  services; 
180.11     (2) the funding of these services; 
180.12     (3) the extent to which research-based best practices exist 
180.13  and are accessible to counties; 
180.14     (4) the method and process used to administer the juvenile 
180.15  commitment and parole systems; 
180.16     (5) the degree to which existing practice reflects the 
180.17  legislature's intent in enacting juvenile justice laws; and 
180.18     (6) other related issues deemed relevant by the 
180.19  commissioner. 
180.20     (b) By January 15, 2001, the commissioner shall report the 
180.21  study's findings and proposals to the chairs and ranking 
180.22  minority members of the senate and house committees and 
180.23  divisions having jurisdiction over criminal justice policy 
180.24  funding. 
180.25     Sec. 54.  [TRANSFERS FROM AUTOMOBILE THEFT PREVENTION 
180.26  ACCOUNT.] 
180.27     (a) The fiscal year 2000 transfer from the automobile theft 
180.28  prevention account in the special revenue fund to the 
180.29  commissioner of public safety in Laws 1999, chapter 216, article 
180.30  1, section 18, is reduced by $100,000. 
180.31     (b) By June 30, 2001, the commissioner of finance shall 
180.32  transfer the available unencumbered balance up to $6,001,000 
180.33  from the automobile theft prevention account in the special 
180.34  revenue fund to the general fund for use for criminal justice 
180.35  information systems technology. 
180.36     Sec. 55.  [LOCAL ADULT DETENTION AND CRIMINAL JUSTICE 
181.1   SYSTEM FACILITY CONSTRUCTION GRANTS.] 
181.2      Subdivision 1.  [GRANTS AUTHORIZED AND DESCRIBED.] The 
181.3   commissioner of corrections may make grants to counties, groups 
181.4   of counties, or a county or group of counties and a tribal 
181.5   government, for up to 30 percent of the construction cost of 
181.6   local facilities as provided in this section.  Applications for 
181.7   grants must be submitted to the commissioner using forms and 
181.8   instructions which the commissioner shall provide.  Applications 
181.9   may be submitted by a county, a group of counties, or a county 
181.10  or group of counties and a tribal government.  The commissioner 
181.11  shall award grants as provided in subdivisions 3 and 4.  Grants 
181.12  may be for up to 30 percent of the cost of the facility, and may 
181.13  only be used for capital expenditures to acquire, design, 
181.14  construct, renovate, equip, and furnish the facility.  The 
181.15  commissioner shall require a combined local match of at least 70 
181.16  percent.  All costs of operation of the facility must be paid by 
181.17  the entities receiving the grants, except that costs for adults 
181.18  incarcerated in the facility may be billed to their county of 
181.19  residence by agreement among the counties or by law.  
181.20     Subd. 2.  [USE OF PRIVATE ENTITY.] Applicants shall 
181.21  consider entering into agreements with private entities for the 
181.22  construction and operation of the facility. 
181.23     Subd. 3.  [AWARDING OF REGIONAL ADULT DETENTION FACILITY 
181.24  CONSTRUCTION GRANTS.] The commissioner may award grants to 
181.25  counties, groups of counties, or a county or group of counties 
181.26  and a tribal government that received a regional adult detention 
181.27  facility planning grant under Laws 1999, chapter 216, and 
181.28  submitted a plan as required by that law.  These grants must be 
181.29  used to construct regional adult detention facilities in a 
181.30  manner consistent with the plans submitted.  
181.31     Subd. 4.  [AWARDING OF CRIMINAL JUSTICE SYSTEM FACILITY 
181.32  CONSTRUCTION GRANTS.] (a) The commissioner may award a grant to 
181.33  Hennepin county and a grant to Ramsey county to be used to 
181.34  construct a facility in each county to improve the efficiency 
181.35  and effectiveness of its criminal justice system.  The 
181.36  facilities must attempt to address the needs of county and city 
182.1   criminal justice agencies in a comprehensive manner and may 
182.2   include space to incarcerate offenders before or after trial and 
182.3   offices for criminal justice agencies. 
182.4      (b) The commissioner may make a grant to Hennepin county 
182.5   only if the Minneapolis city council approves of the county's 
182.6   proposed use of the grant money. 
182.7      (c) The commissioner may make a grant to Ramsey county only 
182.8   if the St. Paul city council approves of the county's proposed 
182.9   use of the grant money. 
182.10     Sec. 56.  [JOINT DOMESTIC ABUSE PROSECUTION UNIT.] 
182.11     Subdivision 1.  [ESTABLISHMENT.] A pilot project is 
182.12  established to develop a joint domestic abuse prosecution unit 
182.13  administered by the Ramsey county attorney's office and the St. 
182.14  Paul city attorney's office.  The unit has authority to 
182.15  prosecute misdemeanors, gross misdemeanors, and felonies.  The 
182.16  unit shall also coordinate efforts with child protection 
182.17  attorneys.  The unit may include four cross-deputized assistant 
182.18  city attorneys and assistant county attorneys.  A victim/witness 
182.19  advocate, a law clerk, and a legal secretary may provide support.
182.20     Subd. 2.  [GOALS.] The goals of this pilot project are to: 
182.21     (1) recognize children as both victims and witnesses in 
182.22  domestic abuse situations; 
182.23     (2) recognize and respect the interests of children in the 
182.24  prosecution of domestic abuse; and 
182.25     (3) reduce the exposure to domestic violence for both adult 
182.26  and child victims. 
182.27     Subd. 3.  [REPORT.] The Ramsey county attorney's office and 
182.28  the St. Paul city attorney's office shall report to the chairs 
182.29  and ranking minority members of the senate and house committees 
182.30  and divisions having jurisdiction over criminal justice policy 
182.31  and funding on the pilot project.  The report may include the 
182.32  number and types of cases referred, the number of cases charged, 
182.33  the outcome of cases, and other relevant outcome measures. 
182.34     Subd. 4.  [SHARING OF PILOT PROJECT RESULTS.] The Ramsey 
182.35  county attorney's office and the St. Paul city attorney's office 
182.36  shall share the results of the pilot project with the state and 
183.1   other counties and cities. 
183.2      Sec. 57.  [CAPITOL SECURITY EMPLOYEES.] 
183.3      Employees of the capitol security division on the effective 
183.4   date of Minnesota Statutes, section 299N.02, must be retained as 
183.5   classified employees of the capitol police department, except as 
183.6   might be provided by the collective bargaining agreement between 
183.7   the state and the exclusive representative of those employees. 
183.8      Sec. 58.  [REPEALER.] 
183.9      (a) Minnesota Statutes 1998, section 168A.40, subdivisions 
183.10  1, 3, and 4; and Minnesota Statutes 1999 Supplement, section 
183.11  168A.40, subdivision 2, are repealed. 
183.12     (b) Minnesota Statutes 1998, sections 299E.01; 299E.02; and 
183.13  626.88, subdivision 3, are repealed. 
183.14     Sec. 59.  [EFFECTIVE DATES.] 
183.15     (a) Sections 28 to 31 and 58, paragraph (b) are effective 
183.16  July 1, 2000.  Sections 13 to 15 are effective September 1, 
183.17  2000.  Section 33 is effective August 1, 2000, and applies to 
183.18  crimes committed on or after that date.  Section 58, paragraph 
183.19  (a) is effective July 1, 2001. 
183.20     (b) Sections 32 and 34 to 36 are effective July 1, 2000, 
183.21  for cases assigned to the public defender on or after that date 
183.22  if the appropriation in section 8 is enacted.  If this 
183.23  appropriation is not enacted, sections 32 and 34 to 36 do not 
183.24  take effect. 
183.25                             ARTICLE 9
183.26     ENVIRONMENT, NATURAL RESOURCES, AND AGRICULTURE PROVISIONS
183.27  Section 1.  [APPROPRIATIONS.] 
183.28     The sums shown in the columns marked "APPROPRIATIONS" are 
183.29  appropriated from the general fund, or any other fund named, to 
183.30  the agencies and for the purposes specified in this article, to 
183.31  be available for the fiscal years indicated for each purpose.  
183.32  The figures "2000" and "2001" mean that the appropriation or 
183.33  appropriations listed under them are available for the fiscal 
183.34  year ending June 30, 2000, or June 30, 2001, respectively, and 
183.35  if an earlier appropriation was made for that purpose for that 
183.36  year, the appropriation in this article is added to it.  Where a 
184.1   dollar amount appears in parentheses, it means a reduction of an 
184.2   earlier appropriation for that purpose for that year. 
184.3                                              APPROPRIATIONS 
184.4                                          Available for the Year 
184.5                                              Ending June 30 
184.6                                             2000         2001 
184.7   Sec. 2.  POLLUTION CONTROL AGENCY          -0-         410,000 
184.8   To administer the wastewater 
184.9   infrastructure fund.  This is a 
184.10  one-time appropriation and is available 
184.11  until June 30, 2001. 
184.12  Sec. 3.  NATURAL RESOURCES               5,614,000  31,149,000
184.13  $3,955,000 in fiscal year 2000 is for 
184.14  the settlement of legal costs incurred 
184.15  by the Mille Lacs Band, St. Croix Band, 
184.16  Bad River Band, Red Cliff Band, Lac du 
184.17  Flambeau Band, Sokaogon Chippewa 
184.18  Community, and the Lac Courte Oreilles 
184.19  Band related to the 1837 Treaty 
184.20  litigation. 
184.21  The money necessary for the interest 
184.22  payment on the settlement of legal 
184.23  costs in the 1837 Treaty litigation is 
184.24  appropriated in fiscal year 2000.  The 
184.25  amount of the interest payment shall be 
184.26  determined by applying an interest 
184.27  amount of $614.30 for each day 
184.28  beginning December 10, 1999, through 
184.29  the day of payment of the legal costs. 
184.30  $1,565,000 in fiscal year 2001 is for 
184.31  fish and wildlife management.  This is 
184.32  a one-time appropriation.  
184.33  $500,000 in fiscal year 2001 is for 
184.34  expansion of the walleye stocking 
184.35  program.  This is a one-time 
184.36  appropriation.  In the next biennium, 
184.37  this amount shall be added as a base 
184.38  appropriation from revenue deposited in 
184.39  the game and fish fund under Minnesota 
184.40  Statutes, section 297A.44, subdivision 
184.41  1. 
184.42  $3,591,000 in fiscal year 2001 from the 
184.43  game and fish fund is for fish and 
184.44  wildlife management.  At least 87 
184.45  percent of this appropriation must be 
184.46  allocated for expenditure in regional 
184.47  and local area offices. 
184.48  $825,000 in fiscal year 2001 from the 
184.49  game and fish fund is for enforcement 
184.50  of natural resources laws. 
184.51  $60,000 in fiscal year 2001 is from the 
184.52  game and fish fund for administration 
184.53  and marketing of lifetime licenses. 
184.54  The commissioner may use up to 50 
184.55  percent of a snowmobile maintenance and 
184.56  grooming grant under Minnesota 
184.57  Statutes, section 84.83, that was 
184.58  available as of December 31, 1999, to 
185.1   reimburse the intended recipient for 
185.2   the actual cost of snowmobile trail 
185.3   grooming equipment.  The costs must be 
185.4   incurred in fiscal year 2000 and 
185.5   recipients seeking reimbursement under 
185.6   this paragraph must provide acceptable 
185.7   documentation of the costs to the 
185.8   commissioner.  All applications for 
185.9   reimbursement under this paragraph must 
185.10  be received no later than September 1, 
185.11  2000. 
185.12  $1,459,000 in fiscal year 2000 is for 
185.13  grants to Lake, Cook, and St. Louis 
185.14  counties for emergency communications 
185.15  equipment, emergency response 
185.16  equipment, and emergency planning and 
185.17  training to respond to a major 
185.18  wildfire.  Of this amount, $227,000 is 
185.19  for a grant to Lake county, $430,000 is 
185.20  for a grant to Cook county, and 
185.21  $802,000 is for a grant to St. Louis 
185.22  county.  St. Louis county must use a 
185.23  portion of the grant to purchase a NOAA 
185.24  warning system that can be used by all 
185.25  of the counties receiving grants under 
185.26  this section.  This appropriation is 
185.27  available until June 30, 2001. 
185.28  $12,304,000 in fiscal year 2001 is from 
185.29  the game and fish fund for improvement, 
185.30  enhancement, and protection of fish and 
185.31  wildlife resources.  This is a one-time 
185.32  appropriation and is from the revenue 
185.33  deposited to the game and fish fund 
185.34  under Minnesota Statutes, section 
185.35  297A.44, subdivision 1, paragraph (e), 
185.36  clause (1), and is subject to the 
185.37  restrictions contained in paragraph (e).
185.38  $200,000 is from the state forest 
185.39  suspense account for transfer to the 
185.40  University of Minnesota Duluth for the 
185.41  purpose of funding the inventory 
185.42  conducted pursuant to this section and 
185.43  is available until expended.  Because 
185.44  the University of Minnesota is a land 
185.45  grant university, and because most of 
185.46  the state-owned land to be inventoried 
185.47  is granted land, the chancellor of the 
185.48  University of Minnesota Duluth is 
185.49  requested to direct the School of 
185.50  Business and Economics to conduct an 
185.51  inventory of state-owned land located 
185.52  within the Boundary Waters Canoe Area 
185.53  for the purpose of providing the 
185.54  legislature and state officers with 
185.55  more precise information as to the 
185.56  nature, extent, and value of the land.  
185.57  The inventory must include the 
185.58  following:  (1) a list of the tracts of 
185.59  state-owned land within the area, 
185.60  together with the available legal 
185.61  description by government tract, 
185.62  insofar as possible; (2) the number of 
185.63  linear feet of shoreline in each tract, 
185.64  together with a general description of 
185.65  that shoreline, whether it is rocky, 
185.66  sandy, or swampy, or some other 
185.67  descriptive system that generally 
185.68  describes the shoreland; (3) the 
186.1   acreage of each tract; (4) a general 
186.2   description of the surface of each 
186.3   tract, including topography and the 
186.4   predominant vegetative cover for each 
186.5   tract and any known unique surface 
186.6   features, such as areas of virgin and 
186.7   other old growth timber; and (5) using 
186.8   available real estate market value 
186.9   information and accepted real estate 
186.10  valuation techniques, assign estimates 
186.11  of the value for each tract, exclusive 
186.12  of minerals and mineral interests, 
186.13  using each of the real estate valuation 
186.14  techniques adopted for the inventory.  
186.15  For the purposes of this paragraph, 
186.16  "state-owned land" is defined as any 
186.17  class of state-owned land, whether it 
186.18  is granted land such as school, 
186.19  university, swampland, or internal 
186.20  improvement, or whether it is 
186.21  tax-forfeited, acquired, or state-owned 
186.22  land of any other classification.  At 
186.23  the request of the university, the 
186.24  commissioner of natural resources shall 
186.25  promptly provide the university with 
186.26  all published maps, whether federal, 
186.27  state, or county, together with a 
186.28  descriptive list of state-owned land in 
186.29  the area, using available legal 
186.30  descriptions, forest inventories, and 
186.31  other factual information, published 
186.32  data, and photographs that are 
186.33  necessary for the university's 
186.34  inventory.  From these maps, lists, 
186.35  data, and other information, the 
186.36  university is requested to prepare a 
186.37  report of its inventory.  The 
186.38  legislature requests that the 
186.39  University of Minnesota submit the 
186.40  report to the legislature by January 
186.41  15, 2002. 
186.42  $4,537,000 in fiscal year 2001 is from 
186.43  the natural resources fund for state 
186.44  park and recreation area operations.  
186.45  First priority for money appropriated 
186.46  in this paragraph must be to restore 
186.47  camping activities during September and 
186.48  May at state parks where the camping 
186.49  season has been restricted due to 
186.50  budget shortfalls.  This is a one-time 
186.51  appropriation and is from the revenue 
186.52  deposited to the natural resources fund 
186.53  under Minnesota Statutes, section 
186.54  297A.44, subdivision 1, paragraph (e), 
186.55  clause (2). 
186.56  $1,000,000 in fiscal year 2001 is from 
186.57  the natural resources fund for state 
186.58  trail operations.  This is a one-time 
186.59  appropriation and is from the revenue 
186.60  deposited to the natural resources fund 
186.61  under Minnesota Statutes, section 
186.62  297A.44, subdivision 1, paragraph (e), 
186.63  clause (2). 
186.64  $5,537,000 in fiscal year 2001 is from 
186.65  the natural resources fund for payment 
186.66  of a grant to the metropolitan council 
186.67  for metropolitan area regional parks 
186.68  and trails maintenance and operations.  
187.1   This is a one-time appropriation and is 
187.2   from the revenue deposited to the 
187.3   natural resources fund under Minnesota 
187.4   Statutes, section 297A.44, subdivision 
187.5   1, paragraph (e), clause (3). 
187.6   $738,000 in fiscal year 2001 is from 
187.7   the natural resources fund for trail 
187.8   grants to local units of government on 
187.9   land to be maintained for at least 20 
187.10  years for the purposes of the grant.  
187.11  This is a one-time appropriation and is 
187.12  from the revenue deposited to the 
187.13  natural resources fund under Minnesota 
187.14  Statutes, section 297A.44, subdivision 
187.15  1, paragraph (e), clause (4). 
187.16  $492,000 in fiscal year 2001 is from 
187.17  the natural resources fund for grants 
187.18  of $164,000 each to the Minnesota 
187.19  zoological garden, the city of St. Paul 
187.20  for the Como Zoo and Conservatory, and 
187.21  the city of Duluth for the Duluth Zoo.  
187.22  This is a one-time appropriation and is 
187.23  from the revenue deposited to the 
187.24  natural resources fund under Minnesota 
187.25  Statutes, section 297A.44, subdivision 
187.26  1, paragraph (e), clause (5). 
187.27  Sec. 4.  BOARD OF WATER     
187.28  AND SOIL RESOURCES                         -0-          400,000
187.29  For professional and technical services 
187.30  to replace wetlands under Minnesota 
187.31  Statutes, section 103G.222, subdivision 
187.32  1.  This is a one-time appropriation. 
187.33  Sec. 5.  AGRICULTURE                    1,020,000       636,000
187.34  $200,000 is for the farm advocates 
187.35  program.  This is a one-time 
187.36  appropriation and is available until 
187.37  June 30, 2001. 
187.38  $287,000 in fiscal year 2001 is to 
187.39  expand the concept of the Minnesota 
187.40  grown pilot program under Laws 1998, 
187.41  chapter 401, section 6.  This is a 
187.42  one-time appropriation. 
187.43  $400,000 in fiscal year 2000 is to 
187.44  establish an agricultural water quality 
187.45  and quantity management, research, 
187.46  demonstration, and education program.  
187.47  Of this appropriation, $200,000 is for 
187.48  projects at the Lamberton site and 
187.49  $200,000 is for projects at the Waseca 
187.50  site.  The commissioner may contract 
187.51  with the University of Minnesota or 
187.52  other parties for the implementation of 
187.53  parts of the program.  This 
187.54  appropriation is available until spent 
187.55  and is a one-time appropriation. 
187.56  $120,000 in fiscal year 2000 and 
187.57  $374,000 in fiscal year 2001 are for 
187.58  expansion of the state meat inspection 
187.59  program.  If the appropriation for 
187.60  either year is insufficient, the 
187.61  appropriation for the other year is 
187.62  available. 
188.1   $300,000 is appropriated from the 
188.2   general fund to the commissioner of 
188.3   agriculture for grants to organizations 
188.4   participating in the farm wrap network 
188.5   and the rural help network.  The grants 
188.6   may be used for outreach services, 
188.7   legal and accounting services, and 
188.8   informal mediation support for 
188.9   farmers.  This is a one-time 
188.10  appropriation and is available until 
188.11  June 30, 2001. 
188.12  The appropriation for fiscal year 2001 
188.13  in Laws 1999, chapter 231, section 11, 
188.14  subdivision 2, for the dairy producers 
188.15  board is canceled. 
188.16  Sec. 6.  BOARD OF ANIMAL HEALTH          245,000         -0- 
188.17  $245,000 in fiscal year 2000 is added 
188.18  to the appropriation for pseudorabies 
188.19  control in Laws 1999, chapter 45, 
188.20  section 1.  This is a one-time 
188.21  appropriation and is available until 
188.22  June 30, 2001. 
188.23  Sec. 7.  CITIZENS COUNCIL ON 
188.24  VOYAGEURS NATIONAL PARK                   -0-         65,000 
188.25  This is a one-time appropriation. 
188.26     Sec. 8.  Minnesota Statutes 1998, section 17.4988, 
188.27  subdivision 2, is amended to read: 
188.28     Subd. 2.  [AQUATIC FARMING LICENSE.] (a) The annual fee for 
188.29  an aquatic farming license is $275 $70. 
188.30     (b) The aquatic farming license may contain endorsements 
188.31  for the rights and privileges of the following licenses under 
188.32  the game and fish laws.  The endorsement must be made upon 
188.33  payment of the license fee prescribed in section 97A.475 for the 
188.34  following licenses: 
188.35     (1) minnow dealer license; 
188.36     (2) minnow retailer license for sale of minnows as bait; 
188.37     (3) minnow exporting license; 
188.38     (4) aquatic farm vehicle endorsement, which includes a 
188.39  minnow dealer vehicle license, a minnow retailer vehicle 
188.40  license, an exporting minnow vehicle license, and a fish vendor 
188.41  license; 
188.42     (5) sucker egg taking license; and 
188.43     (6) game fish packers license. 
188.44     Sec. 9.  Minnesota Statutes 1998, section 18E.04, 
188.45  subdivision 4, is amended to read: 
189.1      Subd. 4.  [REIMBURSEMENT PAYMENTS.] (a) The board shall pay 
189.2   a person that is eligible for reimbursement or payment under 
189.3   subdivisions 1, 2, and 3 from the agricultural chemical response 
189.4   and reimbursement account for:  
189.5      (1) 90 percent of the total reasonable and necessary 
189.6   corrective action costs greater than $1,000 and less than or 
189.7   equal to $100,000; and 
189.8      (2) 100 percent of the total reasonable and necessary 
189.9   corrective action costs greater than $100,000 but less than or 
189.10  equal to $200,000; 
189.11     (3) 80 percent of the total reasonable and necessary 
189.12  corrective action costs greater than $200,000 but less than or 
189.13  equal to $300,000; and 
189.14     (4) 60 percent of the total reasonable and necessary 
189.15  corrective action costs greater than $300,000 but less than or 
189.16  equal to $350,000.  
189.17     (b) A reimbursement or payment may not be made until the 
189.18  board has determined that the costs are reasonable and are for a 
189.19  reimbursement of the costs that were actually incurred. 
189.20     (c) The board may make periodic payments or reimbursements 
189.21  as corrective action costs are incurred upon receipt of invoices 
189.22  for the corrective action costs. 
189.23     (d) Money in the agricultural chemical response and 
189.24  reimbursement account is appropriated to the commissioner to 
189.25  make payments and reimbursements directed by the board under 
189.26  this subdivision.  
189.27     (e) The board may not make reimbursement greater than the 
189.28  maximum allowed under paragraph (a) for all incidents on a 
189.29  single site which: 
189.30     (1) were not reported at the time of release but were 
189.31  discovered and reported after July 1, 1989; and 
189.32     (2) may have occurred prior to July 1, 1989, as determined 
189.33  by the commissioner. 
189.34     (f) The board may only reimburse an eligible person for 
189.35  separate incidents within a single site if the commissioner 
189.36  determines that each incident is completely separate and 
190.1   distinct in respect of location within the single site or time 
190.2   of occurrence. 
190.3      Sec. 10.  Minnesota Statutes 1998, section 41A.09, 
190.4   subdivision 3a, is amended to read: 
190.5      Subd. 3a.  [PAYMENTS.] (a) The commissioner of agriculture 
190.6   shall make cash payments to producers of ethanol, anhydrous 
190.7   alcohol, and wet alcohol located in the state.  These payments 
190.8   shall apply only to ethanol, anhydrous alcohol, and wet alcohol 
190.9   fermented in the state and produced at plants that have begun 
190.10  production by June 30, 2000.  For the purpose of this 
190.11  subdivision, an entity that holds a controlling interest in more 
190.12  than one ethanol plant is considered a single producer.  The 
190.13  amount of the payment for each producer's annual production is: 
190.14     (1) except as provided in paragraph (b), for each gallon of 
190.15  ethanol or anhydrous alcohol produced on or before June 30, 
190.16  2000, or ten years after the start of production, whichever is 
190.17  later, 20 cents per gallon; and 
190.18     (2) for each gallon produced of wet alcohol on or before 
190.19  June 30, 2000, or ten years after the start of production, 
190.20  whichever is later, a payment in cents per gallon calculated by 
190.21  the formula "alcohol purity in percent divided by five," and 
190.22  rounded to the nearest cent per gallon, but not less than 11 
190.23  cents per gallon. 
190.24     The producer payments for anhydrous alcohol and wet alcohol 
190.25  under this section may be paid to either the original producer 
190.26  of anhydrous alcohol or wet alcohol or the secondary processor, 
190.27  at the option of the original producer, but not to both. 
190.28     (b) If the level of production at an ethanol plant 
190.29  increases due to an increase in the production capacity of the 
190.30  plant and the increased production begins by June 30, 2000, the 
190.31  payment under paragraph (a), clause (1), applies to the 
190.32  additional increment of production until ten years after the 
190.33  increased production began.  Once a plant's production capacity 
190.34  reaches 15,000,000 gallons per year, no additional increment 
190.35  will qualify for the payment. 
190.36     (c) The commissioner shall make payments to producers of 
191.1   ethanol or wet alcohol in the amount of 1.5 cents for each 
191.2   kilowatt hour of electricity generated using closed-loop biomass 
191.3   in a cogeneration facility at an ethanol plant located in the 
191.4   state.  Payments under this paragraph shall be made only for 
191.5   electricity generated at cogeneration facilities that begin 
191.6   operation by June 30, 2000 2002.  The payments apply to 
191.7   electricity generated on or before the date ten years after the 
191.8   producer first qualifies for payment under this paragraph.  
191.9   Total payments under this paragraph in any fiscal year may not 
191.10  exceed $750,000.  For the purposes of this paragraph: 
191.11     (1) "closed-loop biomass" means any organic material from a 
191.12  plant that is planted for the purpose of being used to generate 
191.13  electricity or for multiple purposes that include being used to 
191.14  generate electricity; and 
191.15     (2) "cogeneration" means the combined generation of: 
191.16     (i) electrical or mechanical power; and 
191.17     (ii) steam or forms of useful energy, such as heat, that 
191.18  are used for industrial, commercial, heating, or cooling 
191.19  purposes. 
191.20     (d) Except for new production capacity approved under 
191.21  paragraph (i), clause (1), the total payments under paragraphs 
191.22  (a) and (b) to all producers may not exceed $34,000,000 in a 
191.23  fiscal year.  Total payments under paragraphs (a) and (b) to a 
191.24  producer in a fiscal year may not exceed $3,000,000. 
191.25     (e) By the last day of October, January, April, and July, 
191.26  each producer shall file a claim for payment for ethanol, 
191.27  anhydrous alcohol, and wet alcohol production during the 
191.28  preceding three calendar months.  A producer with more than one 
191.29  plant shall file a separate claim for each plant.  A producer 
191.30  shall file a separate claim for the original production capacity 
191.31  of each plant and for each additional increment of production 
191.32  that qualifies under paragraph (b).  A producer that files a 
191.33  claim under this subdivision shall include a statement of the 
191.34  producer's total ethanol, anhydrous alcohol, and wet alcohol 
191.35  production in Minnesota during the quarter covered by the claim, 
191.36  including anhydrous alcohol and wet alcohol produced or received 
192.1   from an outside source.  A producer shall file a separate claim 
192.2   for any amount claimed under paragraph (c).  For each claim and 
192.3   statement of total ethanol, anhydrous alcohol, and wet alcohol 
192.4   production filed under this subdivision, the volume of ethanol, 
192.5   anhydrous alcohol, and wet alcohol production or amounts of 
192.6   electricity generated using closed-loop biomass must be examined 
192.7   by an independent certified public accountant in accordance with 
192.8   standards established by the American Institute of Certified 
192.9   Public Accountants. 
192.10     (f) Payments shall be made November 15, February 15, May 
192.11  15, and August 15.  A separate payment shall be made for each 
192.12  claim filed.  The total quarterly payment to a producer under 
192.13  this paragraph, excluding amounts paid under paragraph (c), may 
192.14  not exceed $750,000.  Except for new production capacity 
192.15  approved under paragraph (i), clause (1), if the total amount 
192.16  for which all other producers are eligible in a quarter under 
192.17  paragraphs (a) and (b) exceeds $8,500,000, the commissioner 
192.18  shall make payments for production capacity that is subject to 
192.19  this restriction in the order in which the portion of production 
192.20  capacity covered by each claim went into production.  
192.21     (g) If the total amount for which all producers are 
192.22  eligible in a quarter under paragraph (c) exceeds the amount 
192.23  available for payments, the commissioner shall make payments in 
192.24  the order in which the plants covered by the claims began 
192.25  generating electricity using closed-loop biomass. 
192.26     (h) After July 1, 1997, new production capacity is only 
192.27  eligible for payment under this subdivision if the commissioner 
192.28  receives: 
192.29     (1) an application for approval of the new production 
192.30  capacity; 
192.31     (2) an appropriate letter of long-term financial commitment 
192.32  for construction of the new production capacity; and 
192.33     (3) copies of all necessary permits for construction of the 
192.34  new production capacity. 
192.35     The commissioner may approve new production capacity based 
192.36  on the order in which the applications are received.  
193.1      (i) After April 22, 1998, the commissioner may only 
193.2   approve:  (1) up to 12,000,000 gallons of new production 
193.3   capacity at one plant that has not previously received approval 
193.4   or payment for any production capacity; or (2) new production 
193.5   capacity at existing plants not to exceed planned expansions 
193.6   reported to the commissioner by February 1997.  The commissioner 
193.7   may not approve any new production capacity after July 1, 1998.  
193.8      (j) For the purposes of this subdivision "new production 
193.9   capacity" means annual ethanol production capacity that was not 
193.10  allowed under a permit issued by the pollution control agency 
193.11  prior to July 1, 1997, or for which construction did not begin 
193.12  prior to July 1, 1997. 
193.13     Sec. 11.  [BIG BOG STATE RECREATION AREA.] 
193.14     Subdivision 1.  [85.013] [Subd. 2c.] [BIG BOG STATE 
193.15  RECREATION AREA, BELTRAMI COUNTY.] Big Bog state recreation area 
193.16  is established in Beltrami county. 
193.17     Subd. 2.  [PURPOSE.] The Big Bog state recreation area is 
193.18  created to expand and diversify regional recreational 
193.19  opportunities and to enrich the cultural, biological, and 
193.20  historical opportunities for visitors to an area of the state 
193.21  that has suffered severe economic distress.  The Big Bog 
193.22  recreational area will also enhance public appreciation and 
193.23  provide for the long-term protection of a unique ecosystem. 
193.24     Subd. 3.  [BOUNDARIES.] The following described lands are 
193.25  located within the boundaries of Big Bog state recreation area, 
193.26  all in Beltrami county: 
193.27     (1) Government Lots 1, 2, and 3 of Section 8, Township 154 
193.28  North, Range 30 West, EXCEPT a tract in Government Lot 3 
193.29  beginning 100 feet North of the South boundary of Government Lot 
193.30  3 on the east right-of-way line of State Trunk Highway 72; 
193.31  thence northerly 200 feet along said trunk highway; thence East 
193.32  to the westerly right-of-way line of old Trunk Highway 72; 
193.33  thence southerly 200 feet along said right-of-way line; thence 
193.34  westerly to the point of beginning; 
193.35     (2) all of Sections 25, 26, and 27; the east Half, the 
193.36  Northwest Quarter, and the North Half of the Southwest Quarter 
194.1   of Section 34; the North Half and the Southwest Quarter of 
194.2   Section 35; the North Half, the East Half of the Southwest 
194.3   Quarter, the Southwest Quarter of the Southwest Quarter, the 
194.4   West Half of the Southeast Quarter, and the Southeast Quarter of 
194.5   the Southeast Quarter of Section 36, all in Township 156 North, 
194.6   Range 31 West; and 
194.7      (3) all of Sections 1 and 2; the East Half of Section 3; 
194.8   the East Half, the Southeast Quarter of the Northwest Quarter, 
194.9   the East Half of the Southwest Quarter, and the Southwest 
194.10  Quarter of the Southwest Quarter of Section 10; and all of 
194.11  Sections 11, 12, 13, 14, and 15, all in Township 155 North, 
194.12  Range 31 West. 
194.13     Subd. 4.  [ADMINISTRATION.] The commissioner of natural 
194.14  resources shall administer the area according to Minnesota 
194.15  Statutes, section 86A.05, subdivision 3, subject to existing 
194.16  rules and regulations for state recreation areas. 
194.17     Subd. 5.  [CONTINUED LEASE OF LAND IN BIG BOG STATE 
194.18  RECREATION AREA.] Notwithstanding Minnesota Statutes, sections 
194.19  85.011, 85.013, 85.053, and 86A.05, the commissioner of natural 
194.20  resources may continue to lease, upon the terms and conditions 
194.21  as the commissioner may prescribe and in the form approved by 
194.22  the attorney general, land within the Big Bog state recreation 
194.23  area that is included in lease number 144-15-109 to Waskish 
194.24  township. 
194.25     Sec. 12.  [RED RIVER STATE RECREATION AREA.] 
194.26     Subdivision 1.  [85.013] [Subd. 20a.] [RED RIVER STATE 
194.27  RECREATION AREA, POLK COUNTY.] The Red River state recreation 
194.28  area is established in Polk county. 
194.29     Subd. 2.  [BOUNDARIES.] The following described lands are 
194.30  located within the boundaries of the Red River state recreation 
194.31  area, all in Polk county: 
194.32     (1) Lots 3 to 14 of Block 2 including streets and alleys 
194.33  adjacent thereto in Riverside Addition; 
194.34     (2) Block 1 including streets and alleys adjacent thereto 
194.35  in Surprenant's Addition; 
194.36     (3) Lots 1 to 24 including streets and alleys adjacent 
195.1   thereto in Grigg's Addition; 
195.2      (4) Lots 2, 4, 6, 8, 10, and 12 of Block 1, Block 3, Lots 1 
195.3   to 10 of Block 4, and Lots 1 to 12 in Blocks A and B including 
195.4   streets and alleys adjacent thereto in Grand Forks East; 
195.5      (5) Lots 1 to 5 of Block 1 and Blocks 2 to 14 including 
195.6   streets and alleys adjacent thereto in Lake Park Addition; 
195.7      (6) Lots 1 to 7 and Lots 19 to 24 of Block 2 including 
195.8   streets and alleys adjacent thereto in E.B. Frederick's 
195.9   Addition; 
195.10     (7) Lots 1 to 3 of Block 1 and Blocks 2, 3, and 4 including 
195.11  streets and alleys adjacent thereto in Budge's First Addition; 
195.12     (8) Lots 1 to 4 of Block 1 including streets and alleys 
195.13  adjacent thereto in River Heights 1st Addition; 
195.14     (9) Blocks 1 and 2 including streets and alleys adjacent 
195.15  thereto in Thompson's Addition; 
195.16     (10) Lots 1 to 12 of Block 1, Lots 4 to 12 of Block 2, 
195.17  Block 3, and Lots 1 to 4 of Block 4 in Edwards Outlots and 
195.18  Outlots 4 to 8 including streets and alleys adjacent thereto in 
195.19  Auditor's Plat of Outlots; 
195.20     (11) Auditor's Plat of Mrs. Hines' Outlot; 
195.21     (12) Lots 6, 8, 10, 12, 14, 16, 18, 20, 22, and 24 of Block 
195.22  3 and Lots 1 to 8 of Block 2 including streets and alleys 
195.23  adjacent thereto in the Original Townsite of East Grand Forks; 
195.24     (13) Blocks 1 to 8 including streets and alleys adjacent 
195.25  thereto in Woodland Addition; 
195.26     (14) Lots 1, 3, 5, 7, 9, 11, 13, 15, 17, 19, 21, and 23 of 
195.27  Block 31 and Blocks 32 to 38 including streets and alleys 
195.28  adjacent thereto in Traill's Addition; 
195.29     (15) Blocks 2 to 16 including streets and alleys adjacent 
195.30  thereto in Elm Grove; 
195.31     (16) Block 1, Lots 1 to 11 of Block 2, and Lots 1 to 11 of 
195.32  Block 3 including streets and alleys adjacent thereto in O'Leary 
195.33  and Ryan's Addition to Elm Grove; 
195.34     (17) Lots 6 to 10 of Block 1, Lots 8 to 35 of Block 2, 
195.35  Blocks 3, 4, and 5 including streets and alleys adjacent thereto 
195.36  in Folson Park Addition; 
196.1      (18) Lots 1 to 6 of Block 1 in Jerome's Addition; 
196.2      (19) Lots 1 to 4 of Block 3 in Prestige Addition; 
196.3      (20) Lots 1 to 14 of Block 1 in Riverview Addition; 
196.4      (21) Lots 6 to 16 of Block 3 in Riverview 3rd Addition; 
196.5      (22) Lots 1 to 4 of Block 1 in Riverview 4th Addition; 
196.6      (23) Lots 1 and 2 of Block 1 in Riverview 5th Addition; 
196.7      (24) Lots 1 to 9 of Block 1 and Outlot A in Riverview 6th 
196.8   Addition; 
196.9      (25) Lots 1 to 18 of Block 1 and Lots 1 to 5 of Block 2 
196.10  including streets and alleys adjacent thereto in Timberline 2nd 
196.11  Addition; 
196.12     (26) Lots 14 to 16 of Block 1 including streets and alleys 
196.13  adjacent thereto in Timberline Addition; 
196.14     (27) Lots 19 and 20 including streets and alleys adjacent 
196.15  thereto in Murphy's Outlots; 
196.16     (28) Lots 1 to 10 of Block 1 including streets and alleys 
196.17  thereto in Croy's 2nd Addition; 
196.18     (29) Lots 1 to 6 of Block 1 including the streets and 
196.19  alleys adjacent thereto in Point of Woods 2nd Addition; 
196.20     (30) Lots 1 to 6 of Block 1 including the streets and 
196.21  alleys adjacent thereto in Point of Woods Addition; 
196.22     (31) the unplatted portions of Government Lots 1, 2, and 3 
196.23  of Section 35, Township 152 North, Range 50 West; 
196.24     (32) all of Government Lot 7, the unplatted portion of 
196.25  Government Lot 9, and that part of Government Lots 6 and 8 and 
196.26  the Southeast Quarter of the Southeast Quarter lying 
196.27  southwesterly of the southwesterly right-of-way line of the 
196.28  Burlington Northern and Santa Fe Railroad of Section 1, Township 
196.29  151 North, Range 50 West; 
196.30     (33) the unplatted portions of Government Lots 2, 3, 4, 5, 
196.31  and 6 of Section 2, Township 151 North, Range 50 West; 
196.32     (34) all of Government Lots 1 and 2 of Section 11, Township 
196.33  151 North, Range 50 West; 
196.34     (35) all of Government Lots 1, 7, and 11, the unplatted 
196.35  portions of Government Lots 3, 5, 9, and 10, and the Northeast 
196.36  Quarter of the Northwest Quarter of Section 12, Township 151 
197.1   North, Range 50; 
197.2      (36) all of Government Lots 1 and 2, the Southwest Quarter 
197.3   of the Northwest Quarter, and the Northwest Quarter of the 
197.4   Southwest Quarter of Section 13, Township 151 North, Range 50 
197.5   West; 
197.6      (37) all of Government Lots 1, 2, 3, and 4 of Section 14; 
197.7   Township 151 North, Range 50 West; 
197.8      (38) that part of Government Lot 7 lying southwesterly of 
197.9   the southwesterly right-of-way line of the Burlington Northern 
197.10  and Santa Fe Railroad of Section 6, Township 151 North, Range 49 
197.11  West; and 
197.12     (39) all of Government Lots 2, 6, 7, and 9, the Northwest 
197.13  Quarter of the Northeast Quarter, the Northeast Quarter of the 
197.14  Northeast Quarter, the unplatted portions of Government Lots 3 
197.15  and 5, and that part of Government Lot 1 and the Northeast 
197.16  Quarter of the Northwest Quarter lying southwesterly of the 
197.17  southwesterly right-of-way line of the Burlington Northern and 
197.18  Santa Fe Railroad of Section 7, Township 151 North, Range 49 
197.19  West.  
197.20     Subd. 3.  [ADMINISTRATION.] The commissioner of natural 
197.21  resources shall administer the area according to Minnesota 
197.22  Statutes, section 86A.05, subdivision 3, subject to existing 
197.23  rules and regulations for state recreation areas.  The 
197.24  commissioner shall appoint a citizens' oversight committee to 
197.25  assist with developing and managing the area.  The committee 
197.26  shall serve without compensation and is exempt from Minnesota 
197.27  Statutes, section 15.059. 
197.28     Sec. 13.  Minnesota Statutes 1998, section 85.015, 
197.29  subdivision 8, is amended to read: 
197.30     Subd. 8.  [SAKATAH SINGING HILLS TRAIL, BLUE EARTH, LE 
197.31  SUEUR, AND RICE, AND GOODHUE COUNTIES.] (a) The trail shall 
197.32  originate at mile post 4.1 of the Chicago and Northwestern 
197.33  Railway Company right-of-way in the junction of Benning, Blue 
197.34  Earth county, and shall extend in a northeasterly direction 
197.35  along the railroad right-of-way to mile post 46.01 of the 
197.36  Chicago and Northwestern Railway at a point commonly known as 
198.1   Faribault Junction in Rice county, a distance of approximately 
198.2   42 miles, and there terminate. 
198.3      (b) Additional trails may be established that extend the 
198.4   Sakatah Singing Hills trail system to include connections to the 
198.5   cities of Dundas and Northfield in Rice county and Cannon Falls 
198.6   in Goodhue county. 
198.7      (c) The trail shall be developed primarily for riding and 
198.8   hiking. Motorized vehicles, except snowmobiles, are prohibited 
198.9   from the trail. 
198.10     Sec. 14.  Minnesota Statutes 1998, section 85.34, 
198.11  subdivision 1, is amended to read: 
198.12     Subdivision 1.  The commissioner of natural resources with 
198.13  the approval of the Executive Council may lease for purposes of 
198.14  restoration, preservation, historical, recreational, 
198.15  educational, and commercial use and development, that portion of 
198.16  Fort Snelling state park known as the upper bluff consisting of 
198.17  officer's row and, area J, the polo grounds, the adjacent golf 
198.18  course, and residential, storage and service all buildings and 
198.19  improvements located thereon, all lying within an area bounded 
198.20  by Minneapolis-St. Paul International Airport, trunk highway 
198.21  highways numbered 5 and 55, Taylor avenue, Minnehaha avenue, and 
198.22  Bloomington Road.  The lease or leases shall be in a form 
198.23  approved by the attorney general and for a term of not to exceed 
198.24  99 years.  The lease or leases may provide for the provision of 
198.25  capital improvements or other performance by the tenant or 
198.26  tenants in lieu of all or some of the payments of rent that 
198.27  would otherwise be required. 
198.28     Sec. 15.  Minnesota Statutes 1998, section 85.34, is 
198.29  amended by adding a subdivision to read: 
198.30     Subd. 4.  All receipts derived from the leasing or 
198.31  operation of the property described in subdivision 1 shall be 
198.32  deposited in the state treasury and be credited to the state 
198.33  parks working capital account designated in section 85.22, 
198.34  subdivision 1.  Receipts and expenses from the leasing or 
198.35  operation of the property described in subdivision 1 shall be 
198.36  tracked separately within the account.  Money in the account 
199.1   derived from the leasing or operation of the property described 
199.2   in subdivision 1 is annually appropriated for the payment of 
199.3   expenses attributable to the leasing and operation of the 
199.4   property described in subdivision 1, included but not limited to 
199.5   the maintenance, repair, and rehabilitation of historic 
199.6   buildings and landscapes.  Any excess receipts in this account 
199.7   are annually appropriated for historic preservation purposes 
199.8   within state parks. 
199.9      Sec. 16.  Minnesota Statutes 1998, section 85.34, is 
199.10  amended by adding a subdivision to read: 
199.11     Subd. 5.  The commissioner of natural resources may provide 
199.12  an exception, in whole or in part, to the rules for use of state 
199.13  parks and other recreational areas for property leased pursuant 
199.14  to subdivision 1.  The exception may be provided by 
199.15  commissioner's order and shall be effective for the term of the 
199.16  lease or such lesser period of time specified by the 
199.17  commissioner. 
199.18     Sec. 17.  Minnesota Statutes 1998, section 97A.055, 
199.19  subdivision 1, is amended to read: 
199.20     Subdivision 1.  [ESTABLISHMENT; PURPOSES.] The game and 
199.21  fish fund is established as a fund in the state treasury.  Money 
199.22  appropriated from this fund must be spent in accordance with the 
199.23  Federal Aid in Wildlife Restoration Act, as provided by United 
199.24  States Code, title 16, sections 669 to 669i, and the Federal Aid 
199.25  in Sport Fish Restoration Act, as provided by United States 
199.26  Code, title 16, sections 777 to 777k. 
199.27     Sec. 18.  Minnesota Statutes 1998, section 97A.055, 
199.28  subdivision 2, is amended to read: 
199.29     Subd. 2.  [RECEIPTS.] The state treasurer shall credit to 
199.30  the game and fish fund all money received under the game and 
199.31  fish laws including receipts from:  
199.32     (1) licenses issued; 
199.33     (2) fines and forfeited bail; 
199.34     (3) sales of contraband, wild animals, and other property 
199.35  under the control of the division; 
199.36     (4) fees from advanced education courses for hunters and 
200.1   trappers; 
200.2      (5) reimbursements of expenditures by the division; and 
200.3      (6) contributions to the division; and 
200.4      (7) revenue credited to the game and fish fund under 
200.5   section 297A.44, subdivision 1, paragraph (e), clause (1). 
200.6      Sec. 19.  Minnesota Statutes 1998, section 97A.071, 
200.7   subdivision 2, is amended to read: 
200.8      Subd. 2.  [REVENUE FROM THE SMALL GAME LICENSE SURCHARGE.] 
200.9   Revenue from the small game surcharge and $4 annually from the 
200.10  lifetime fish and wildlife trust fund, established in sections 
200.11  97A.4742, for each license issued under section 97A.473, 
200.12  subdivisions 3 and 5, and 97A.474, subdivision 3, shall be 
200.13  credited to the wildlife acquisition account and the money in 
200.14  the account shall be used by the commissioner only for the 
200.15  purposes of this section, and acquisition and development of 
200.16  wildlife lands under section 97A.145 and maintenance of the 
200.17  lands, in accordance with appropriations made by the legislature.
200.18     Sec. 20.  Minnesota Statutes 1999 Supplement, section 
200.19  97A.075, subdivision 1, is amended to read: 
200.20     Subdivision 1.  [DEER AND BEAR LICENSES.] (a) For purposes 
200.21  of this subdivision, "deer license" means a license issued under 
200.22  section 97A.475, subdivisions 2, clauses (4), (5), and (9), and 
200.23  3, clauses (2), (3), and (7), and licenses issued under section 
200.24  97B.301, subdivision 4.  
200.25     (b) At least $2 from each annual deer license and $2 
200.26  annually from the lifetime fish and wildlife trust fund, 
200.27  established in section 97A.4742, for each license issued under 
200.28  section 97A.473, subdivision 4, shall be used for deer habitat 
200.29  improvement or deer management programs.  
200.30     (c) At least $1 from each annual deer license and each bear 
200.31  license and $1 annually from the lifetime fish and wildlife 
200.32  trust fund, established in section 97A.4742, for each license 
200.33  issued under section 97A.473, subdivision 4, shall be used for 
200.34  deer and bear management programs, including a computerized 
200.35  licensing system.  Fifty cents from each deer license is 
200.36  appropriated for emergency deer feeding.  Money appropriated for 
201.1   emergency deer feeding is available until expended.  When the 
201.2   unencumbered balance in the appropriation for emergency deer 
201.3   feeding at the end of a fiscal year exceeds $1,500,000 for the 
201.4   first time, $750,000 is canceled to the unappropriated balance 
201.5   of the game and fish fund. 
201.6      Thereafter, when the unencumbered balance in the 
201.7   appropriation for emergency deer feeding exceeds $1,500,000 at 
201.8   the end of a fiscal year, the unencumbered balance in excess of 
201.9   $1,500,000 is canceled and available for deer and bear 
201.10  management programs and computerized licensing. 
201.11     Sec. 21.  Minnesota Statutes 1998, section 97A.411, 
201.12  subdivision 1, is amended to read: 
201.13     Subdivision 1.  [LICENSE PERIOD.] (a) Except as provided in 
201.14  paragraphs (b) and, (c), and (d), a license is valid during the 
201.15  lawful time within the license year that the licensed activity 
201.16  may be performed.  A license year begins on the first day of 
201.17  March and ends on the last day of February. 
201.18     (b) A license issued under section 97A.475, subdivision 6, 
201.19  clause (5), 97A.475, subdivision 7, clause (2), (3), (5), or 
201.20  (6), or 97A.475, subdivision 12, clause (2), is valid for the 
201.21  full license period even if this period extends into the next 
201.22  license year, provided that the license period selected by the 
201.23  licensee begins at the time of issuance. 
201.24     (c) When the last day of February falls on a Saturday, an 
201.25  annual resident or nonresident fish house or dark house license, 
201.26  including a rental fish house or dark house license, obtained 
201.27  for the license year covering the last day of February, is valid 
201.28  through Sunday, March 1 and the angling license of the fish 
201.29  house licensee is extended through March 1. 
201.30     (d) A lifetime license issued under section 97A.473 or 
201.31  97A.474 is valid during the lawful time within the license year 
201.32  that the licensed activity may be performed for the lifetime of 
201.33  the licensee. 
201.34     Sec. 22.  Minnesota Statutes 1998, section 97A.421, is 
201.35  amended to read: 
201.36     97A.421 [VALIDITY AND ISSUANCE OF LICENSES AFTER 
202.1   CONVICTION.] 
202.2      Subdivision 1.  [GENERAL.] (a) The annual license of a 
202.3   person convicted of a violation of the game and fish laws 
202.4   relating to the license or wild animals covered by the license 
202.5   is void when: 
202.6      (1) a second conviction occurs within three years under a 
202.7   license to take small game or to take fish by angling or 
202.8   spearing; 
202.9      (2) a third conviction occurs within one year under a 
202.10  minnow dealer's license; 
202.11     (3) a second conviction occurs within three years for 
202.12  violations of section 97A.425 that do not involve falsifications 
202.13  or intentional omissions of information required to be recorded, 
202.14  or attempts to conceal unlawful acts within the records; 
202.15     (4) two or more misdemeanor convictions occur within a 
202.16  three-year period under a private fish hatchery license; or 
202.17     (5) the conviction occurs under a license not described in 
202.18  clause (1), (2), or (4) or is for a violation of section 97A.425 
202.19  not described in clause (3).  
202.20     (b) Except for big game licenses and as otherwise provided 
202.21  in this section, for one year after the conviction the person 
202.22  may not obtain the kind of license or take wild animals under a 
202.23  lifetime license, issued under section 97A.473 or 97A.474, 
202.24  relating to the game and fish law violation.  
202.25     Subd. 2.  [ISSUANCE OF LICENSE AFTER CONVICTION FOR BUYING 
202.26  AND SELLING WILD ANIMALS.] A person may not obtain a license to 
202.27  take any wild animal or take wild animals under a lifetime 
202.28  license, issued under section 97A.473 or 97A.474, for a period 
202.29  of three years after being convicted of buying or selling game 
202.30  fish, big game, or small game, and the total amount of the sale 
202.31  is $300 or more. 
202.32     Subd. 3.  [ISSUANCE OF A BIG GAME LICENSE AFTER 
202.33  CONVICTION.] A person may not obtain any big game license or 
202.34  take big game under a lifetime license, issued under section 
202.35  97A.473, for three years after the person is convicted of: 
202.36     (1) a gross misdemeanor violation under the game and fish 
203.1   laws relating to big game; 
203.2      (2) doing an act without a required big game license; or 
203.3      (3) the second violation within three years under the game 
203.4   and fish laws relating to big game.  
203.5      Subd. 4.  [ISSUANCE AFTER INTOXICATION OR NARCOTICS 
203.6   CONVICTION.] A person convicted of a violation under section 
203.7   97B.065, relating to hunting while intoxicated or using 
203.8   narcotics, may not obtain a license to hunt with a firearm or by 
203.9   archery or hunt with a firearm under a lifetime license, issued 
203.10  under section 97A.473 or 97A.474, for five years after 
203.11  conviction.  
203.12     Subd. 5.  [COMMISSIONER MAY REINSTATE CERTAIN LICENSES 
203.13  AFTER CONVICTION.] If the commissioner determines that the 
203.14  public welfare will not be injured, the commissioner may 
203.15  reinstate licenses voided under subdivision 1 and issue licenses 
203.16  to persons ineligible under subdivision 2.  The commissioner's 
203.17  authority applies only to licenses to:  
203.18     (1) maintain and operate fur or game farms or private fish 
203.19  hatcheries; 
203.20     (2) take fish commercially in Lake of the Woods, Rainy 
203.21  Lake, Namakan Lake, or Lake Superior; 
203.22     (3) buy fish from Lake of the Woods, Rainy Lake, Namakan 
203.23  Lake, or Lake Superior commercial fishing licensees; and 
203.24     (4) sell live minnows.  
203.25     Subd. 6.  [APPLICABILITY TO MOOSE OR ELK LICENSES.] In this 
203.26  section the term "license" includes an application for a license 
203.27  to take either moose or elk. 
203.28     Sec. 23.  [97A.473] [RESIDENT LIFETIME LICENSES.] 
203.29     Subdivision 1.  [RESIDENT LIFETIME LICENSES 
203.30  AUTHORIZED.] (a) The commissioner may issue a lifetime angling 
203.31  license, a lifetime small game hunting license, a lifetime 
203.32  firearms deer license, or a lifetime sporting license to a 
203.33  person who is a resident of the state for at least one year or 
203.34  who is under age 21 and the child of a person who is a resident 
203.35  of the state for at least one year.  The license fees paid for a 
203.36  lifetime license are nonrefundable. 
204.1      (b) The commissioner may require the holder of a lifetime 
204.2   license issued under this section to notify the department each 
204.3   year that the license is used, by: 
204.4      (1) telephone or Internet notification, as specified by the 
204.5   commissioner; 
204.6      (2) the purchase of stamps for the license; or 
204.7      (3) registration and tag issuance, in the case of the 
204.8   resident lifetime deer license. 
204.9      Subd. 2.  [LIFETIME ANGLING LICENSE; FEE.] (a) A resident 
204.10  lifetime angling license authorizes a person to take fish by 
204.11  angling in the state.  The license authorizes those activities 
204.12  authorized by the annual resident angling license.  The license 
204.13  does not include a trout and salmon stamp or other stamps 
204.14  required by law.  
204.15     (b) The fees for a resident lifetime angling license are: 
204.16     (1) age 3 and under, $227; 
204.17     (2) age 4 to age 15, $300; 
204.18     (3) age 16 to age 50, $383; and 
204.19     (4) age 51 and over, $203. 
204.20     Subd. 3.  [LIFETIME SMALL GAME HUNTING LICENSE; FEE.] (a) A 
204.21  resident lifetime small game hunting license authorizes a person 
204.22  to hunt small game in the state.  The license authorizes those 
204.23  hunting activities authorized by the annual resident small game 
204.24  hunting license.  The license does not include any of the 
204.25  hunting stamps required by law. 
204.26     (b) The fees for a resident lifetime small game hunting 
204.27  license are: 
204.28     (1) age 3 and under, $217; 
204.29     (2) age 4 to age 15, $290; 
204.30     (3) age 16 to age 50, $363; and 
204.31     (4) age 51 and over, $213. 
204.32     Subd. 4.  [LIFETIME FIREARM DEER HUNTING LICENSE; FEE.] (a) 
204.33  A resident lifetime firearm deer hunting license authorizes a 
204.34  person to take deer with firearms in the state.  The license 
204.35  authorizes those activities authorized by the annual resident 
204.36  firearm deer hunting license.  The licensee must register and 
205.1   receive tags each year that the license is used.  The tags shall 
205.2   be issued at no charge to the licensee. 
205.3      (b) The fees for a resident lifetime firearm deer hunting 
205.4   license are: 
205.5      (1) age 3 and under, $337; 
205.6      (2) age 4 to age 15, $450; 
205.7      (3) age 16 to age 50, $573; and 
205.8      (4) age 51 and over, $383. 
205.9      Subd. 5.  [LIFETIME SPORTING LICENSE; FEE.] (a) A resident 
205.10  lifetime sporting license authorizes a person to take fish by 
205.11  angling and hunt small game in the state.  The license 
205.12  authorizes those activities authorized by the annual resident 
205.13  angling and resident small game hunting licenses.  The license 
205.14  does not include a trout and salmon stamp or any of the hunting 
205.15  stamps required by law.  
205.16     (b) The fees for a resident lifetime sporting license are: 
205.17     (1) age 3 and under, $357; 
205.18     (2) age 4 to age 15, $480; 
205.19     (3) age 16 to age 50, $613; and 
205.20     (4) age 51 and over, $413. 
205.21     Sec. 24.  [97A.474] [NONRESIDENT LIFETIME LICENSES.] 
205.22     Subdivision 1.  [NONRESIDENT LIFETIME LICENSES AUTHORIZED.] 
205.23  (a) The commissioner may issue a lifetime angling license or a 
205.24  lifetime small game hunting license to a nonresident.  The 
205.25  license fees paid for a lifetime license are nonrefundable. 
205.26     (b) The commissioner may require the holder of a lifetime 
205.27  license issued under this section to notify the department each 
205.28  year that the license is used, by: 
205.29     (1) telephone or Internet notification, as specified by the 
205.30  commissioner; or 
205.31     (2) the purchase of stamps for the license. 
205.32     Subd. 2.  [NONRESIDENT LIFETIME ANGLING LICENSE; FEE.] (a) 
205.33  A nonresident lifetime angling license authorizes a person to 
205.34  take fish by angling in the state.  The license authorizes those 
205.35  activities authorized by the annual nonresident angling 
205.36  license.  The license does not include a trout and salmon stamp 
206.1   or other stamps required by law. 
206.2      (b) The fees for a nonresident lifetime angling license are:
206.3      (1) age 3 and under, $447; 
206.4      (2) age 4 to age 15, $600; 
206.5      (3) age 16 to age 50, $773; and 
206.6      (4) age 51 and over, $513. 
206.7      Subd. 3.  [NONRESIDENT LIFETIME SMALL GAME HUNTING LICENSE; 
206.8   FEE.] (a) A nonresident lifetime small game hunting license 
206.9   authorizes a person to hunt small game in the state.  The 
206.10  license authorizes those hunting activities authorized by the 
206.11  annual nonresident small game hunting license.  The license does 
206.12  not include any of the hunting stamps required by law.  
206.13     (b) The fees for a nonresident lifetime small game hunting 
206.14  license are: 
206.15     (1) age 3 and under, $947; 
206.16     (2) age 4 to age 15, $1,280; 
206.17     (3) age 16 to age 50, $1,633; and 
206.18     (4) age 51 and over, $1,083. 
206.19     Sec. 25.  [97A.4742] [LIFETIME FISH AND WILDLIFE TRUST 
206.20  FUND.] 
206.21     Subdivision 1.  [ESTABLISHMENT; PURPOSE.] The lifetime fish 
206.22  and wildlife trust fund is established as a fund in the state 
206.23  treasury.  All money received from the issuance of lifetime 
206.24  angling, small game hunting, firearm deer hunting, and sporting 
206.25  licenses and earnings on the fund shall be credited to the 
206.26  lifetime fish and wildlife trust fund. 
206.27     Subd. 2.  [INVESTMENT OF FUND; USE OF INCOME FROM 
206.28  FUND.] Money in the lifetime fish and wildlife trust fund shall 
206.29  be invested by the state investment board to secure the maximum 
206.30  return consistent with the maintenance of the perpetuity of the 
206.31  fund.  The income received and accruing from investments of the 
206.32  fund shall be deposited in the lifetime fish and wildlife trust 
206.33  fund.  Each year the commissioner of finance shall transfer from 
206.34  the lifetime fish and wildlife trust fund to the game and fish 
206.35  fund an amount equal to the amount that would otherwise have 
206.36  been collected from annual license fees for each lifetime 
207.1   license.  Surcharge amounts shall be transferred based on 
207.2   sections 97A.071, subdivision 2, and 97A.075, subdivision 1. 
207.3      Subd. 3.  [LIFETIME LICENSE FEES.] By October 15 of each 
207.4   even-numbered year, the commissioner shall report on the 
207.5   adequacy of lifetime license fees and make specific requests for 
207.6   fee adjustments for the lifetime licenses to the legislative 
207.7   committees with jurisdiction over environment and natural 
207.8   resources finance and the commissioner of finance.  The 
207.9   commissioner of finance shall review the fee report and make 
207.10  recommendations to the governor and legislature for each fee 
207.11  category under sections 97A.473 and 97A.474, as part of the 
207.12  biennial budget, under sections 16A.10 and 16A.11.  
207.13     Subd. 4.  [ANNUAL REPORT.] By November 15 each year, the 
207.14  commissioner shall submit a report to the legislative committees 
207.15  having jurisdiction over environment and natural resources 
207.16  appropriations and environment and natural resources policy.  
207.17  The report shall state the amount of revenue received in and 
207.18  expenditures made from revenue transferred from the lifetime 
207.19  fish and wildlife trust fund to the game and fish fund and shall 
207.20  describe projects funded, locations of the projects, and results 
207.21  and benefits from the projects.  The report may be included in 
207.22  the game and fish fund report required by section 97A.055, 
207.23  subdivision 4.  The commissioner shall make the annual report 
207.24  available to the public. 
207.25     Sec. 26.  Minnesota Statutes 1998, section 97A.475, 
207.26  subdivision 2, is amended to read: 
207.27     Subd. 2.  [RESIDENT HUNTING.] Fees for the following 
207.28  licenses, to be issued to residents only, are: 
207.29     (1) for persons under age 65 to take small game, $10 $12; 
207.30     (2) for persons age 65 or over, $5 $6; 
207.31     (3) to take turkey, $16 $18; 
207.32     (4) to take deer with firearms, $22 $25; 
207.33     (5) to take deer by archery, $22 $25; 
207.34     (6) to take moose, for a party of not more than six 
207.35  persons, $275 $310; 
207.36     (7) to take bear, $33 $38; 
208.1      (8) to take elk, for a party of not more than two 
208.2   persons, $220 $250; 
208.3      (9) to take antlered deer in more than one zone, $44 $50; 
208.4   and 
208.5      (10) to take Canada geese during a special season, $3 $4.  
208.6      Sec. 27.  Minnesota Statutes 1998, section 97A.475, 
208.7   subdivision 3, is amended to read: 
208.8      Subd. 3.  [NONRESIDENT HUNTING.] Fees for the following 
208.9   licenses, to be issued to nonresidents, are: 
208.10     (1) to take small game, $56 $73; 
208.11     (2) to take deer with firearms, $110 $125; 
208.12     (3) to take deer by archery, $110 $125; 
208.13     (4) to take bear, $165 $195; 
208.14     (5) to take turkey, $56 $73; 
208.15     (6) to take raccoon, bobcat, fox, coyote, or 
208.16  lynx, $137.50 $155; 
208.17     (7) to take antlered deer in more than one zone, $220 $250; 
208.18  and 
208.19     (8) to take Canada geese during a special season, $3 $4. 
208.20     Sec. 28.  Minnesota Statutes 1998, section 97A.475, 
208.21  subdivision 4, is amended to read: 
208.22     Subd. 4.  [SMALL GAME SURCHARGE.] Fees for annual licenses 
208.23  to take small game must be increased by a surcharge of $4.  An 
208.24  additional commission may not be assessed on the surcharge and 
208.25  this must be stated on the back of the license with the 
208.26  following statement:  "This $4 surcharge is being paid by 
208.27  hunters for the acquisition and development of wildlife lands." 
208.28     Sec. 29.  Minnesota Statutes 1998, section 97A.475, 
208.29  subdivision 6, is amended to read: 
208.30     Subd. 6.  [RESIDENT FISHING.] Fees for the following 
208.31  licenses, to be issued to residents only, are: 
208.32     (1) to take fish by angling, for persons under age 
208.33  65, $15 $17; 
208.34     (2) to take fish by angling, for persons age 65 and 
208.35  over, $5.50 $6.50; 
208.36     (3) to take fish by angling, for a combined license for a 
209.1   married couple, $20.50 $25; 
209.2      (4) to take fish by spearing from a dark house, $15 $17; 
209.3   and 
209.4      (5) to take fish by angling for a 24-hour period selected 
209.5   by the licensee, $8 $8.50. 
209.6      Sec. 30.  Minnesota Statutes 1998, section 97A.475, 
209.7   subdivision 7, is amended to read: 
209.8      Subd. 7.  [NONRESIDENT FISHING.] Fees for the following 
209.9   licenses, to be issued to nonresidents, are: 
209.10     (1) to take fish by angling, $31 $34; 
209.11     (2) to take fish by angling limited to seven consecutive 
209.12  days selected by the licensee, $21.50 $24; 
209.13     (3) to take fish by angling for a 72-hour period selected 
209.14  by the licensee, $18 $20; 
209.15     (4) to take fish by angling for a combined license for a 
209.16  family, $41.50 $46; 
209.17     (5) to take fish by angling for a 24-hour period selected 
209.18  by the licensee, $8 $8.50; and 
209.19     (6) to take fish by angling for a combined license for a 
209.20  married couple, limited to 14 consecutive days selected by one 
209.21  of the licensees, $32 $35. 
209.22     Sec. 31.  Minnesota Statutes 1998, section 97A.475, 
209.23  subdivision 8, is amended to read: 
209.24     Subd. 8.  [MINNESOTA SPORTING.] The commissioner shall 
209.25  issue Minnesota sporting licenses to residents only.  The 
209.26  licensee may take fish by angling and small game.  The fee for 
209.27  the license is:  
209.28     (1) for an individual, $20 $23; and 
209.29     (2) for a combined license for a married couple to take 
209.30  fish and for one spouse to take small game, $27.50 $32.  
209.31     Sec. 32.  Minnesota Statutes 1998, section 97A.475, 
209.32  subdivision 11, is amended to read: 
209.33     Subd. 11.  [FISH HOUSES AND DARK HOUSES; RESIDENTS.] Fees 
209.34  for the following licenses are: 
209.35     (1) for a fish house or dark house that is not 
209.36  rented, $10 $11.50; and 
210.1      (2) for a fish house or dark house that is rented, $23 $26. 
210.2      Sec. 33.  Minnesota Statutes 1998, section 97A.475, 
210.3   subdivision 12, is amended to read: 
210.4      Subd. 12.  [FISH HOUSES; NONRESIDENT.] Fees for fish house 
210.5   licenses for a nonresident are:  
210.6      (1) annual, $31.50 $33; and 
210.7      (2) seven consecutive days, $18.50 $19. 
210.8      Sec. 34.  Minnesota Statutes 1998, section 97A.475, 
210.9   subdivision 13, is amended to read: 
210.10     Subd. 13.  [NETTING WHITEFISH AND CISCOES FOR PERSONAL 
210.11  CONSUMPTION.] The fee for a license to net whitefish and ciscoes 
210.12  in inland lakes and international waters for personal 
210.13  consumption is, for each net, $9 $10. 
210.14     Sec. 35.  Minnesota Statutes 1998, section 97A.475, 
210.15  subdivision 20, is amended to read: 
210.16     Subd. 20.  [TRAPPING LICENSE.] The fee for a license to 
210.17  trap fur-bearing animals is: 
210.18     (1) for persons over age 13 and under age 18, $5.50 $6; and 
210.19     (2) for persons age 18 and older, $18 $20.  
210.20     Sec. 36.  Minnesota Statutes 1998, section 97A.485, 
210.21  subdivision 12, is amended to read: 
210.22     Subd. 12.  [YOUTH DEER LICENSE.] The commissioner may, for 
210.23  a fee of $5 $5.50, issue to a resident under the age of 16 a 
210.24  license, without a tag, to take deer with firearms.  A youth 
210.25  holding a license issued under this subdivision may hunt under 
210.26  the license only if accompanied by a licensed hunter who is at 
210.27  least 18 years of age and possesses a valid tag.  A deer taken 
210.28  by a youth holding a license issued under this subdivision must 
210.29  be promptly tagged by the licensed hunter accompanying the 
210.30  youth.  Section 97B.301, subdivision 6, does not apply to a 
210.31  youth holding a license issued under this subdivision.  
210.32     Sec. 37.  Minnesota Statutes 1999 Supplement, section 
210.33  97B.020, is amended to read: 
210.34     97B.020 [FIREARMS SAFETY CERTIFICATE REQUIRED.] 
210.35     Except as provided in this section, a person born after 
210.36  December 31, 1979, may not obtain a an annual license to take 
211.1   wild animals by firearms unless the person has a firearms safety 
211.2   certificate or equivalent certificate, driver's license or 
211.3   identification card with a valid firearms safety qualification 
211.4   indicator issued under section 171.07, subdivision 13, previous 
211.5   hunting license, or other evidence indicating that the person 
211.6   has completed in this state or in another state a hunter safety 
211.7   course recognized by the department under a reciprocity 
211.8   agreement.  A person who is on active duty and has successfully 
211.9   completed basic training in the United States armed forces, 
211.10  reserve component, or national guard may obtain a hunting 
211.11  license or approval authorizing hunting regardless of whether 
211.12  the person is issued a firearms safety certificate. 
211.13     Sec. 38.  Minnesota Statutes 1998, section 115B.17, 
211.14  subdivision 19, is amended to read: 
211.15     Subd. 19.  [REIMBURSEMENT UNDER CERTAIN SETTLEMENTS.] (a) 
211.16  When the agency determines that some but not all persons 
211.17  responsible for a release are willing to implement response 
211.18  actions, the agency may agree, pursuant to a settlement of its 
211.19  claims under sections 115B.01 to 115B.18, to reimburse the 
211.20  settling parties for response costs incurred to take the 
211.21  actions.  The agency may agree to reimburse any amount which 
211.22  does not exceed the amount that the agency estimates may be 
211.23  attributable to the liability of responsible persons who are not 
211.24  parties to the settlement.  Reimbursement may be provided only 
211.25  for the cost of conducting remedial design and constructing 
211.26  remedial action pursuant to the terms of the settlement.  
211.27  Reimbursement under this subdivision shall be paid only upon the 
211.28  agency's determination that the remedial action approved by the 
211.29  agency has been completed in accordance with the terms of the 
211.30  settlement.  The agency may use money appropriated to it for 
211.31  actions authorized under section 115B.20, subdivision 2, clause 
211.32  (2), to pay reimbursement under this subdivision. 
211.33     (b) The agency may agree to provide reimbursement under a 
211.34  settlement only when all of the following requirements have been 
211.35  met: 
211.36     (1) the agency has made the determination under paragraph 
212.1   (c) regarding persons who are not participating in the 
212.2   settlement, and has provided written notice to persons 
212.3   identified under paragraph (c), clauses (1) and (2), of their 
212.4   opportunity to participate in the settlement or in a separate 
212.5   settlement under subdivision 20; 
212.6      (2) the release addressed in the settlement has been 
212.7   assigned a priority pursuant to agency rules adopted under 
212.8   subdivision 13, and the priority is at least as high as a 
212.9   release for which the agency would be allowed to allocate funds 
212.10  for remedial action under the rules; 
212.11     (3) an investigation of the release addressed in the 
212.12  settlement has been completed in accordance with a plan approved 
212.13  by the agency; and 
212.14     (4) the agency has approved the remedial action to be 
212.15  implemented under the settlement. 
212.16     (c) Before entering into a settlement providing for 
212.17  reimbursement under this subdivision, the agency shall determine 
212.18  that there are one or more persons who meet any of the following 
212.19  criteria who are not participating in the settlement: 
212.20     (1) persons identified by the agency as responsible for the 
212.21  release addressed in the settlement but who are likely to have 
212.22  only minimal involvement in actions leading to the release, or 
212.23  are insolvent or financially unable to pay any significant share 
212.24  of response action costs; 
212.25     (2) persons identified by the agency as responsible for the 
212.26  release other than persons described in clause (1) and who are 
212.27  unwilling to participate in the settlement or to take response 
212.28  actions with respect to the release; 
212.29     (3) persons whom the agency has reason to believe are 
212.30  responsible for the release addressed in the settlement but whom 
212.31  the agency has been unable to identify; or 
212.32     (4) persons identified to the agency by a party to the 
212.33  proposed settlement as persons who are potentially responsible 
212.34  for the release but for whom the agency has insufficient 
212.35  information to determine responsibility. 
212.36     (d) Except as otherwise provided in this subdivision, a 
213.1   decision of the agency under this subdivision to offer or agree 
213.2   to provide reimbursement in any settlement, or to determine the 
213.3   amount of reimbursement it will provide under a settlement, is a 
213.4   matter of agency discretion in the exercise of its enforcement 
213.5   authority.  In exercising discretion in this matter, the agency 
213.6   may consider, among other factors, the degree of cooperation 
213.7   with the agency that has been shown prior to the settlement by 
213.8   the parties seeking reimbursement. 
213.9      (e) The agency may require as a term of settlement under 
213.10  this subdivision that the parties receiving reimbursement from 
213.11  the agency waive any rights they may have to bring a claim for 
213.12  contribution against persons who are not parties to the 
213.13  settlement. 
213.14     (f) Notwithstanding any provision to the contrary in 
213.15  paragraphs (a) to (e), until June 30, 2001, the agency may use 
213.16  the authority under this subdivision to enter into agreements 
213.17  for the implementation of a portion of an approved response 
213.18  action plan and to provide funds in the form of a grant for the 
213.19  purpose of implementing the agreement.  The amount paid for 
213.20  implementing a portion of an approved response action plan may 
213.21  not exceed the proportion of the costs of the response action 
213.22  plan which are attributable to the liability of responsible 
213.23  persons who are not parties to the agreement. 
213.24     (g) A decision of the agency under paragraph (f) to offer 
213.25  or agree to provide funds in any agreement or to determine the 
213.26  specific remedial actions included in any agreement to implement 
213.27  an approved action plan or the amount of funds the agency will 
213.28  provide under an agreement is a matter of agency discretion in 
213.29  the exercise of its enforcement authority. 
213.30     Sec. 39.  Minnesota Statutes 1999 Supplement, section 
213.31  268.035, subdivision 20, is amended to read: 
213.32     Subd. 20.  [NONCOVERED EMPLOYMENT.] "Noncovered employment" 
213.33  means: 
213.34     (1) employment for the United States government or an 
213.35  instrumentality thereof, including military service; 
213.36     (2) employment for an Indian, an Indian-controlled 
214.1   employer, and Indian tribe, or any wholly controlled 
214.2   subsidiaries or subdivisions, if the employment is performed on 
214.3   an Indian reservation or Indian Trust Land; 
214.4      (3) employment for a state, other than Minnesota, or a 
214.5   political subdivision or instrumentality thereof; 
214.6      (4) employment for a foreign government; 
214.7      (5) employment for an instrumentality wholly owned by a 
214.8   foreign government, if the employment is of a character similar 
214.9   to that performed in foreign countries by employees of the 
214.10  United States government or an instrumentality thereof and the 
214.11  United States Secretary of State has certified that the foreign 
214.12  government grants an equivalent exemption to similar employment 
214.13  performed in the foreign country by employees of the United 
214.14  States government and instrumentalities thereof; 
214.15     (6) employment covered under United States Code, title 45, 
214.16  section 351, the Railroad Unemployment Insurance Act; 
214.17     (7) employment covered by a reciprocal arrangement between 
214.18  the commissioner and another state or the federal government 
214.19  which provides that all employment performed by an individual 
214.20  for an employer during the period covered by the reciprocal 
214.21  arrangement is considered performed entirely within another 
214.22  state; 
214.23     (8) employment for a church or convention or association of 
214.24  churches, or an organization operated primarily for religious 
214.25  purposes that is operated, supervised, controlled, or 
214.26  principally supported by a church or convention or association 
214.27  of churches described in United States Code, title 26, section 
214.28  501(c)(3) of the federal Internal Revenue Code and exempt from 
214.29  income tax under section 501(a); 
214.30     (9) employment of a duly ordained or licensed minister of a 
214.31  church in the exercise of a ministry or by a member of a 
214.32  religious order in the exercise of duties required by the order, 
214.33  for Minnesota or a political subdivision or an organization 
214.34  described in United States Code, title 26, section 501(c)(3) of 
214.35  the federal Internal Revenue Code and exempt from income tax 
214.36  under section 501(a); 
215.1      (10) employment of an individual receiving rehabilitation 
215.2   of "sheltered" work in a facility conducted for the purpose of 
215.3   carrying out a program of rehabilitation for individuals whose 
215.4   earning capacity is impaired by age or physical or mental 
215.5   deficiency or injury or a program providing "sheltered" work for 
215.6   individuals who because of an impaired physical or mental 
215.7   capacity cannot be readily absorbed in the competitive labor 
215.8   market.  This clause applies only to services performed for 
215.9   Minnesota or a political subdivision or an organization 
215.10  described in United States Code, title 26, section 501(c)(3) of 
215.11  the federal Internal Revenue Code and exempt from income tax 
215.12  under section 501(a) in a facility certified by the 
215.13  rehabilitation services branch of the department or in a day 
215.14  training or habilitation program licensed by the department of 
215.15  human services; 
215.16     (11) employment of an individual receiving work relief or 
215.17  work training as part of an unemployment work relief or work 
215.18  training program assisted or financed in whole or in part by any 
215.19  federal agency or an agency of a state or political subdivision 
215.20  thereof.  This clause applies only to employment for Minnesota 
215.21  or a political subdivision or an organization described in 
215.22  United States Code, title 26, section 501(c)(3) of the federal 
215.23  Internal Revenue Code and exempt from income tax under section 
215.24  501(a).  This clause shall not apply to programs that require 
215.25  reemployment compensation coverage for the participants; 
215.26     (12) employment for Minnesota or a political subdivision as 
215.27  an elected official, a member of a legislative body, or a member 
215.28  of the judiciary; 
215.29     (13) employment as a member of the Minnesota national guard 
215.30  or air national guard; 
215.31     (14) employment for Minnesota, a political subdivision, or 
215.32  instrumentality thereof, as an employee serving only on a 
215.33  temporary basis in case of fire, flood, tornado, or similar 
215.34  emergency, except for smokechasers employed by the department of 
215.35  natural resources; 
215.36     (15) employment as an election official or election worker 
216.1   for Minnesota or a political subdivision, but only if the 
216.2   compensation for that employment was less than $1,000 in a 
216.3   calendar year; 
216.4      (16) employment for Minnesota that is a major policy making 
216.5   or advisory position in the unclassified service, including 
216.6   those positions established pursuant to section 43A.08, 
216.7   subdivision 1a; 
216.8      (17) employment for a political subdivision of Minnesota 
216.9   that is a nontenured major policy making or advisory position; 
216.10     (18) domestic employment in a private household, local 
216.11  college club, or local chapter of a college fraternity or 
216.12  sorority performed for a person, only if the wages paid in any 
216.13  calendar quarter in either the current or preceding calendar 
216.14  year to all individuals in domestic employment totaled less than 
216.15  $1,000. 
216.16     "Domestic employment" includes all service in the operation 
216.17  and maintenance of a private household, for a local college 
216.18  club, or local chapter of a college fraternity or sorority as 
216.19  distinguished from service as an employee in the pursuit of an 
216.20  employer's trade or business; 
216.21     (19) employment of an individual by a son, daughter, or 
216.22  spouse, and employment of a child under the age of 18 by the 
216.23  child's father or mother; 
216.24     (20) employment of an inmate of a custodial or penal 
216.25  institution; 
216.26     (21) employment for a school, college, or university by a 
216.27  student who is enrolled and is regularly attending classes at 
216.28  the school, college, or university; 
216.29     (22) employment of an individual who is enrolled as a 
216.30  student in a full-time program at a nonprofit or public 
216.31  educational institution that maintains a regular faculty and 
216.32  curriculum and has a regularly organized body of students in 
216.33  attendance at the place where its educational activities are 
216.34  carried on, taken for credit at the institution, that combines 
216.35  academic instruction with work experience, if the employment is 
216.36  an integral part of the program, and the institution has so 
217.1   certified to the employer, except that this clause shall not 
217.2   apply to employment in a program established for or on behalf of 
217.3   an employer or group of employers; 
217.4      (23) employment of university, college, or professional 
217.5   school students in an internship or other training program with 
217.6   the city of St. Paul or the city of Minneapolis pursuant to Laws 
217.7   1990, chapter 570, article 6, section 3; 
217.8      (24) employment for a hospital by a patient of the 
217.9   hospital.  "Hospital" means an institution that has been 
217.10  licensed by the department of health as a hospital; 
217.11     (25) employment as a student nurse for a hospital or a 
217.12  nurses' training school by an individual who is enrolled and is 
217.13  regularly attending classes in an accredited nurses' training 
217.14  school; 
217.15     (26) employment as an intern for a hospital by an 
217.16  individual who has completed a four-year course in an accredited 
217.17  medical school; 
217.18     (27) employment as an insurance salesperson, by other than 
217.19  a corporate officer, if all the compensation for the employment 
217.20  is solely by way of commission.  The word "insurance" shall 
217.21  include an annuity and an optional annuity; 
217.22     (28) employment as an officer of a township mutual 
217.23  insurance company or farmer's mutual insurance company operating 
217.24  pursuant to chapter 67A; 
217.25     (29) employment as a real estate salesperson, by other than 
217.26  a corporate officer, if all the compensation for the employment 
217.27  is solely by way of commission; 
217.28     (30) employment as a direct seller as defined in United 
217.29  States Code, title 26, section 3508; 
217.30     (31) employment of an individual under the age of 18 in the 
217.31  delivery or distribution of newspapers or shopping news, not 
217.32  including delivery or distribution to any point for subsequent 
217.33  delivery or distribution; 
217.34     (32) casual employment performed for an individual, other 
217.35  than domestic employment under clause (18), that does not 
217.36  promote or advance that employer's trade or business; 
218.1      (33) employment in "agricultural employment" unless 
218.2   considered "covered agricultural employment" under subdivision 
218.3   11; or 
218.4      (34) if employment during one-half or more of any pay 
218.5   period was covered employment, all the employment for the pay 
218.6   period shall be considered covered employment; but if during 
218.7   more than one-half of any pay period the employment was 
218.8   noncovered employment, then all of the employment for the pay 
218.9   period shall be considered noncovered employment.  "Pay period" 
218.10  means a period of not more than a calendar month for which a 
218.11  payment or compensation is ordinarily made to the employee by 
218.12  the employer. 
218.13     Sec. 40.  Minnesota Statutes 1998, section 297A.44, 
218.14  subdivision 1, is amended to read: 
218.15     Subdivision 1.  (a) Except as provided in paragraphs (b) to 
218.16  (d) (f), all revenues, including interest and penalties, derived 
218.17  from the excise and use taxes imposed by sections 297A.01 to 
218.18  297A.44 shall be deposited by the commissioner in the state 
218.19  treasury and credited to the general fund.  
218.20     (b) All excise and use taxes derived from sales and use of 
218.21  property and services purchased for the construction and 
218.22  operation of an agricultural resource project, from and after 
218.23  the date on which a conditional commitment for a loan guaranty 
218.24  for the project is made pursuant to section 41A.04, subdivision 
218.25  3, shall be deposited in the Minnesota agricultural and economic 
218.26  account in the special revenue fund.  The commissioner of 
218.27  finance shall certify to the commissioner the date on which the 
218.28  project received the conditional commitment.  The amount 
218.29  deposited in the loan guaranty account shall be reduced by any 
218.30  refunds and by the costs incurred by the department of revenue 
218.31  to administer and enforce the assessment and collection of the 
218.32  taxes. 
218.33     (c) All revenues, including interest and penalties, derived 
218.34  from the excise and use taxes imposed on sales and purchases 
218.35  included in section 297A.01, subdivision 3, paragraphs (d) and 
218.36  (k), clauses (1) and (2), must be deposited by the commissioner 
219.1   in the state treasury, and credited as follows: 
219.2      (1) first to the general obligation special tax bond debt 
219.3   service account in each fiscal year the amount required by 
219.4   section 16A.661, subdivision 3, paragraph (b); and 
219.5      (2) after the requirements of clause (1) have been met, the 
219.6   balance must be credited to the general fund. 
219.7      (d) The revenues, including interest and penalties, 
219.8   collected under section 297A.135, subdivision 5, shall be 
219.9   deposited by the commissioner in the state treasury and credited 
219.10  to the general fund.  By July 15 of each year the commissioner 
219.11  shall transfer to the highway user tax distribution fund an 
219.12  amount equal to the excess fees collected under section 
219.13  297A.135, subdivision 5, for the previous calendar year. 
219.14     (e) 97 percent of the revenues, including interest and 
219.15  penalties, transmitted to the commissioner under section 
219.16  297A.259, must be deposited by the commissioner in the state 
219.17  treasury as follows: 
219.18     (1) 50 percent of the receipts must be deposited in the 
219.19  game and fish fund, and may be spent only on activities that 
219.20  improve, enhance, or protect game and fish resources, including 
219.21  conservation, restoration, and enhancement of land, water, and 
219.22  other natural resources of the state; 
219.23     (2) 22.5 percent of the receipts must be deposited in the 
219.24  natural resources fund, and may be spent only for state parks 
219.25  and trails; 
219.26     (3) 22.5 percent of the revenue must be deposited in the 
219.27  natural resources fund, and may be spent only on metropolitan 
219.28  park and trail grants; 
219.29     (4) three percent of the receipts must be deposited in the 
219.30  natural resources fund, and may be spent only on local trail 
219.31  grants; and 
219.32     (5) two percent of the receipts must be deposited in the 
219.33  natural resources fund, and may be spent only for the Minnesota 
219.34  zoological garden, the Como park zoo and conservatory, and the 
219.35  Duluth zoo. 
219.36     (f) The revenue dedicated under paragraph (e) may not be 
220.1   used as a substitute for traditional sources of funding for the 
220.2   purposes specified, but the dedicated revenue shall supplement 
220.3   traditional sources of funding for those purposes.  Land 
220.4   acquired with money deposited in the game and fish fund under 
220.5   paragraph (e) must be open to public hunting and fishing during 
220.6   the open season.  At least 87 percent of the money deposited in 
220.7   the game and fish fund for improvement, enhancement, or 
220.8   protection of fish and wildlife resources under paragraph (e) 
220.9   must be allocated for expenditures in regional and local area 
220.10  offices. 
220.11     Sec. 41.  Minnesota Statutes 1998, section 383B.235, is 
220.12  amended by adding a subdivision to read: 
220.13     Subd. 3.  [EXISTING FACILITY MAY USE 
220.14  CAPACITY.] Notwithstanding subdivisions 1 and 2, an existing 
220.15  resource recovery facility may reclaim, burn, use, process, or 
220.16  dispose of mixed municipal solid waste to the full extent of its 
220.17  maximum yearly capacity as of January 1, 2000.  The facility 
220.18  must continue to comply with all federal and state environmental 
220.19  laws and regulations and must obtain a conditional use permit 
220.20  from the municipality where the facility is located. 
220.21     Sec. 42.  Laws 1998, chapter 404, section 7, subdivision 
220.22  23, as amended by Laws 1999, chapter 231, section 194, and Laws 
220.23  1999, chapter 240, article 1, section 20, is amended to read: 
220.24   Subd. 23.  Metro Regional Trails          5,000,000
220.25  For grants to the metropolitan council 
220.26  for acquisition and development of a 
220.27  capital nature of trail connections in 
220.28  the metropolitan area as specified in 
220.29  this subdivision.  The purpose of the 
220.30  grants is to improve trails in the 
220.31  metropolitan park and open space system 
220.32  and connect them with existing state 
220.33  and regional trails.  Priority shall be 
220.34  given to matching funds for an ISTEA 
220.35  grant. 
220.36  The funds shall be allocated by the 
220.37  council as follows: 
220.38  (1) $1,050,000 is allocated to Ramsey 
220.39  county as follows: 
220.40  (i) $400,000 to complete six miles of 
220.41  trails between the Burlington Northern 
220.42  Regional Trail and Bald Eagle-Otter 
220.43  Lake Regional Park; 
221.1   (ii) $150,000 to complete a one-mile 
221.2   connection between Birch Lake and the 
221.3   Lake Tamarack segment of Bald 
221.4   Eagle-Otter Lake Regional Park; 
221.5   (iii) $500,000 to acquire real property 
221.6   and design and construct or renovate 
221.7   recreation facilities along the 
221.8   Mississippi River in cooperation with 
221.9   the city of St. Paul; 
221.10  (2) $1,050,000 is allocated to the city 
221.11  of St. Paul as follows: 
221.12  (i) $250,000 to construct a bridge over 
221.13  Lexington Parkway in Como Regional 
221.14  Park; and 
221.15  (ii) $800,000 to enhance amenities for 
221.16  the trailhead at the Lilydale-Harriet 
221.17  Island Regional Park pavilion; 
221.18  (3) $1,400,000 is allocated to Anoka 
221.19  county to construct: 
221.20  (i) a pedestrian tunnel under Highway 
221.21  65 on the Rice Creek West Regional 
221.22  Trail in the city of Fridley; and 
221.23  (ii) restrooms, trailhead, signs, and 
221.24  amenities at the trailhead to the Rice 
221.25  Creek West Regional Trail; and 
221.26  (iii) a pedestrian bridge on the 
221.27  Mississippi River Regional Trail 
221.28  crossing over Mississippi Street in the 
221.29  city of Fridley; and 
221.30  (4) $1,500,000 is allocated to the 
221.31  suburban Hennepin regional park 
221.32  district as follows: 
221.33  (i) $1,000,000 to connect North 
221.34  Hennepin Regional Trail to Luce Line 
221.35  State Trail and Medicine Lake; and 
221.36  (ii) $500,000 is for the cost of 
221.37  development and acquisition of the 
221.38  Southwest regional trail in the city of 
221.39  St. Louis Park.  The trail must connect 
221.40  the Minneapolis regional trail system 
221.41  at Cedar Lake park to the Hennepin 
221.42  parks regional trail system at the 
221.43  Hopkins trail head. 
221.44     Sec. 43.  Laws 1999, chapter 231, section 6, as amended by 
221.45  Laws 1999, chapter 249, section 10, is amended to read: 
221.46  Sec. 6.  BOARD OF WATER AND 
221.47  SOIL RESOURCES                        18,896,000     18,228,000
221.48  $5,480,000 the first year and 
221.49  $5,480,000 the second year are for 
221.50  natural resources block grants to local 
221.51  governments.  Of this amount, $50,000 
221.52  each year is for a grant to the North 
221.53  Shore Management Board, $35,000 each 
221.54  year is for a grant to the St. Louis 
221.55  River Board, $100,000 each year is for 
221.56  a grant to the Minnesota River Basin 
222.1   Joint Powers Board, and $27,000 each 
222.2   year is for a grant to the Southeast 
222.3   Minnesota Resources Board. 
222.4   The board shall reduce the amount of 
222.5   the natural resource block grant to a 
222.6   county by an amount equal to any 
222.7   reduction in the county's general 
222.8   services allocation to a soil and water 
222.9   conservation district from the county's 
222.10  1998 allocation. 
222.11  Grants must be matched with a 
222.12  combination of local cash or in-kind 
222.13  contributions.  The base grant portion 
222.14  related to water planning must be 
222.15  matched by an amount that would be 
222.16  raised by a levy under Minnesota 
222.17  Statutes, section 103B.3369.  
222.18  $3,867,000 the first year and 
222.19  $3,867,000 the second year are for 
222.20  grants to soil and water conservation 
222.21  districts for general purposes, 
222.22  nonpoint engineering, and for 
222.23  implementation of the RIM conservation 
222.24  reserve program.  Upon approval of the 
222.25  board, expenditures may be made from 
222.26  these appropriations for supplies and 
222.27  services benefiting soil and water 
222.28  conservation districts. 
222.29  $4,120,000 the first year and 
222.30  $4,120,000 the second year are for 
222.31  grants to soil and water conservation 
222.32  districts for cost-sharing contracts 
222.33  for erosion control and water quality 
222.34  management.  Of this amount, $32,000 
222.35  the first year is for a grant to the 
222.36  Blue Earth county soil and water 
222.37  conservation districts for stream bank 
222.38  stabilization on the LeSueur river 
222.39  within the city limits of St. Clair; 
222.40  and at least $1,500,000 the first year 
222.41  and $1,500,000 the second year are for 
222.42  state cost-share grants for 
222.43  cost-sharing contracts for water 
222.44  quality management on feedlots.  
222.45  Priority must be given to feedlot 
222.46  operators who have received notices of 
222.47  violation and for feedlots in counties 
222.48  that are conducting or have completed a 
222.49  level 2 or level 3 feedlot inventory.  
222.50  This appropriation is available until 
222.51  expended.  If the appropriation in 
222.52  either year is insufficient, the 
222.53  appropriation in the other year is 
222.54  available for it. 
222.55  $100,000 the first year and $100,000 
222.56  the second year are for a grant to the 
222.57  Red river basin board to develop a Red 
222.58  river basin water management plan and 
222.59  to coordinate water management 
222.60  activities in the states and provinces 
222.61  bordering the Red river.  This 
222.62  appropriation is only available to the 
222.63  extent it is matched by a proportionate 
222.64  amount in United States currency from 
222.65  the states of North Dakota and South 
222.66  Dakota and the province of Manitoba.  
223.1   The unencumbered balance in the first 
223.2   year does not cancel but is available 
223.3   for the second year.  This is a 
223.4   one-time appropriation. 
223.5   $189,000 the first year and $189,000 
223.6   the second year are for grants to 
223.7   watershed districts and other local 
223.8   units of government in the southern 
223.9   Minnesota river basin study area 2 for 
223.10  floodplain management.  If the 
223.11  appropriation in either year is 
223.12  insufficient, the appropriation in the 
223.13  other year is available for it. 
223.14  $1,203,000 the first year and $450,000 
223.15  the second year are for the 
223.16  administrative costs of easement and 
223.17  grant programs. 
223.18  Any unencumbered balance in the board's 
223.19  program of grants does not cancel at 
223.20  the end of the first year and is 
223.21  available for the second year for the 
223.22  same grant program.  If the 
223.23  appropriation in either year is 
223.24  insufficient, the appropriation for the 
223.25  other year is available for it. 
223.26     Sec. 44.  Laws 1999, chapter 231, section 11, subdivision 
223.27  3, is amended to read: 
223.28  Subd. 3.  Agricultural Marketing and Development
223.29        6,521,000      5,410,000
223.30  Notwithstanding Minnesota Statutes, 
223.31  section 41A.09, subdivision 3a, the 
223.32  total payments from the ethanol 
223.33  development account to all producers 
223.34  may not exceed $68,447,000 $72,416,000 
223.35  for the biennium ending June 30, 2001.  
223.36  If, prior to the end of the biennium, 
223.37  the total amount for which all 
223.38  producers are eligible in a quarter 
223.39  exceeds the amount available for 
223.40  payments remaining in the 
223.41  appropriation, the commissioner shall 
223.42  make the payments for the quarter in 
223.43  which the appropriation occurs on a pro 
223.44  rata basis.  In fiscal year 2000, the 
223.45  commissioner shall first reimburse 
223.46  producers for eligible unpaid claims 
223.47  accumulated through June 30, 1999.  
223.48  $500,000 the first year is appropriated 
223.49  to the rural finance authority for 
223.50  making a loan under Minnesota Statutes, 
223.51  section 41B.044.  Principal and 
223.52  interest payments on the loan must be 
223.53  deposited in the ethanol development 
223.54  account for producer payments under 
223.55  Minnesota Statutes, section 
223.56  41B.09 general fund. 
223.57  Notwithstanding the annual and 
223.58  quarterly limits for total payments to 
223.59  all ethanol plants and approved new 
223.60  production capacity limits for specific 
223.61  ethanol plants under Minnesota 
224.1   Statutes, section 41A.09, subdivision 
224.2   3a, in fiscal years 2000 and 2001: 
224.3   (1) an ethanol plant with an approved 
224.4   production capacity that is at least 
224.5   12,000,000 gallons per year and less 
224.6   than 15,000,000 gallons per year is 
224.7   eligible for ethanol producer payments 
224.8   of up to 15,000,000 gallons per year; 
224.9   (2) total payments in a fiscal year may 
224.10  exceed $34,000,000; and 
224.11  (3) total payments in a quarter may 
224.12  exceed $8,500,000. 
224.13  Notwithstanding Minnesota Statutes, 
224.14  section 41A.09, subdivision 3a, 
224.15  paragraph (f), the commissioner shall 
224.16  make an additional payment in the 
224.17  fourth quarter of fiscal year 2001 to 
224.18  ethanol producers for the lesser of: 
224.19  (1) 20 cents per gallon of production 
224.20  in the fourth quarter of fiscal year 
224.21  2001 that is greater than 3,750,000 
224.22  gallons; or 
224.23  (2) the total amount of payments lost 
224.24  during the biennium due to plant 
224.25  outages, repair, or major maintenance.  
224.26  The total payments to an ethanol 
224.27  producer for fiscal year 2001, 
224.28  including any payment under this 
224.29  paragraph, may not exceed the total 
224.30  amount that the producer is eligible to 
224.31  receive based on the plant's approved 
224.32  production capacity. 
224.33  By July 15, 1999, the commissioner 
224.34  shall transfer the unencumbered cash 
224.35  balance in the ethanol development fund 
224.36  established in Minnesota Statutes, 
224.37  section 41B.044, to the general fund. 
224.38  $200,000 the first year is for a grant 
224.39  from the commissioner to the Minnesota 
224.40  Turkey Growers Association for 
224.41  assistance to an entity that constructs 
224.42  a facility that uses poultry litter as 
224.43  a fuel for the generation of 
224.44  electricity.  This amount must be 
224.45  matched by $1 of nonstate money for 
224.46  each dollar of state money.  This is a 
224.47  one-time appropriation. 
224.48  $50,000 the first year is for the 
224.49  commissioner, in consultation with the 
224.50  commissioner of economic development, 
224.51  to conduct a study of the need for a 
224.52  commercial shipping port at which 
224.53  agricultural cooperatives or individual 
224.54  farmers would have access to port 
224.55  facilities.  This is a one-time 
224.56  appropriation.  
224.57  $71,000 the first year and $71,000 the 
224.58  second year are for transfer to the 
224.59  Minnesota grown matching account and 
224.60  may be used as grants for Minnesota 
224.61  grown promotion under Minnesota 
225.1   Statutes, section 17.109. 
225.2   $100,000 the first year is for a grant 
225.3   to the University of Minnesota 
225.4   extension service for its farm safety 
225.5   and health program.  This is a one-time 
225.6   appropriation. 
225.7   $225,000 the first year and $75,000 the 
225.8   second year are for grants to the 
225.9   Minnesota agricultural education 
225.10  leadership council for the planning and 
225.11  implementation of initiatives enhancing 
225.12  and expanding agricultural education in 
225.13  rural and urban areas of the state.  
225.14  Funds not used in the first year are 
225.15  available for the second year.  This is 
225.16  a one-time appropriation.  
225.17  $480,000 the first year and $420,000 
225.18  the second year are to the commissioner 
225.19  of agriculture for programs to 
225.20  aggressively promote, develop, expand, 
225.21  and enhance the marketing of 
225.22  agricultural products from Minnesota 
225.23  producers and processors.  The 
225.24  commissioner must enter into 
225.25  collaborative efforts with the 
225.26  department of trade and economic 
225.27  development, the world trade center 
225.28  corporation, and other public or 
225.29  private entities knowledgeable in 
225.30  market identification and development.  
225.31  The commissioner may also contract with 
225.32  or make grants to public or private 
225.33  organizations involved in efforts to 
225.34  enhance communication between producers 
225.35  and markets and organizations that 
225.36  identify, develop, and promote the 
225.37  marketing of Minnesota agricultural 
225.38  crops, livestock, and produce in local, 
225.39  regional, national, and international 
225.40  marketplaces.  Grants may be provided 
225.41  to appropriate organizations including 
225.42  those functioning as marketing clubs, 
225.43  to a cooperative known as Minnesota 
225.44  Marketplace, and to recognized 
225.45  associations of producers or processors 
225.46  of organic foods or Minnesota grown 
225.47  specialty crops.  Beginning October 15, 
225.48  1999, and 15 days after the close of 
225.49  each calendar quarter thereafter, the 
225.50  commissioner shall provide to the 
225.51  senate and house committees with 
225.52  jurisdiction over agriculture policy 
225.53  and funding interim reports of the 
225.54  progress toward accomplishing the goals 
225.55  of this item.  The commissioner shall 
225.56  deliver a final report on March 1, 
225.57  2001.  If the appropriation for either 
225.58  year is insufficient, the appropriation 
225.59  for the other year is available.  This 
225.60  is a one-time appropriation that 
225.61  remains available until expended. 
225.62  $60,000 the second year is for grants 
225.63  to farmers for demonstration projects 
225.64  involving sustainable agriculture.  If 
225.65  a project cost is more than $25,000, 
225.66  the amount above $25,000 must be 
225.67  matched at the rate of one state dollar 
226.1   for each dollar of nonstate money.  
226.2   Priorities must be given for projects 
226.3   involving multiple parties.  Up to 
226.4   $20,000 each year may be used for 
226.5   dissemination of information about the 
226.6   demonstration grant projects.  If the 
226.7   appropriation for either year is 
226.8   insufficient, the appropriation for the 
226.9   other is available. 
226.10  $160,000 each year is for value-added 
226.11  agricultural product processing and 
226.12  marketing grants under Minnesota 
226.13  Statutes, section 17.101, subdivision 5.
226.14  $450,000 the first year and $300,000 
226.15  the second year are for continued 
226.16  research of solutions and alternatives 
226.17  for manure management and odor 
226.18  control.  This is a one-time 
226.19  appropriation. 
226.20  $50,000 the first year and $50,000 the 
226.21  second year are for annual cost-share 
226.22  payments to resident farmers for the 
226.23  costs of organic certification.  The 
226.24  annual cost-share payments per farmer 
226.25  shall be two-thirds of the cost of the 
226.26  certification or $200, whichever is 
226.27  less.  A certified farmer is eligible 
226.28  to receive annual certification 
226.29  cost-share payments for up to five 
226.30  years.  $15,000 each year is for 
226.31  organic market and program 
226.32  development.  This appropriation is 
226.33  available until expended. 
226.34  $30,000 the first year is to assess 
226.35  producer production contracts under 
226.36  section 205.  This appropriation is 
226.37  available until June 30, 2001. 
226.38     Sec. 45.  Laws 1999, chapter 231, section 14, is amended to 
226.39  read: 
226.40  Sec. 14.  AGRICULTURAL UTILIZATION
226.41  RESEARCH INSTITUTE                    3,830,000      4,330,000
226.42                Summary by Fund
226.43  General               3,630,000       4,130,000
226.44  Special Revenue Agricultural        200,000       200,000 
226.45  The agricultural utilization research 
226.46  institute must collaborate with the 
226.47  commissioner of agriculture on issues 
226.48  of market development and technology 
226.49  transfer. 
226.50  $200,000 the first year and $200,000 
226.51  the second year are for hybrid tree 
226.52  management research and development of 
226.53  an implementation plan for establishing 
226.54  hybrid tree plantations in the state.  
226.55  This appropriation is available to the 
226.56  extent matched by $2 of nonstate 
226.57  contributions, either cash or in kind, 
226.58  for each $1 of state money. 
227.1      Sec. 46.  [WESTERN LAKE SUPERIOR SANITARY DISTRICT; 
227.2   LANDFILL CLEANUP PROGRAM QUALIFICATION.] 
227.3      Notwithstanding any provision to the contrary in Minnesota 
227.4   Statutes, sections 115B.39 to 115B.445, the facilities of a 
227.5   sanitary district operating pursuant to Minnesota Statutes, 
227.6   chapter 458D, and adjacent property used for solid waste 
227.7   disposal that did not occur under a permit from the agency, are 
227.8   a qualified facility for purposes of Minnesota Statutes, section 
227.9   115B.39, subdivision 2, paragraph (l), clause (2), if the 
227.10  following conditions are met: 
227.11     (1) the sanitary district's facility is or was permitted by 
227.12  the pollution control agency; 
227.13     (2) the sanitary district stopped accepting mixed municipal 
227.14  solid waste by January 1, 2000; 
227.15     (3) the sanitary district stops accepting demolition debris 
227.16  and industrial waste at the facility by January 1, 2002; and 
227.17     (4) any future disposal of demolition debris and industrial 
227.18  waste on this site beyond January 1, 2002, must be in an area 
227.19  that meets setback requirements approved by the commissioner of 
227.20  the pollution control agency. 
227.21     Sec. 47.  [STORAGE TANK REMOVAL; REIMBURSEMENT.] 
227.22     Subdivision 1.  [DEFINITION.] As used in this section, 
227.23  "agricultural storage tank" means an underground petroleum 
227.24  storage tank with a capacity of more than 1,100 gallons that has 
227.25  been registered with the pollution control agency by January 1, 
227.26  2000, and is located on a farm where the contents of the tank 
227.27  are used by the tank owner or operator predominantly for farming 
227.28  purposes and are not commercially distributed. 
227.29     Subd. 2.  [REIMBURSEMENT.] Notwithstanding Minnesota 
227.30  Statutes, section 115C.09, subdivision 1, paragraph (b), clause 
227.31  (1), and pursuant to the remaining provisions of Minnesota 
227.32  Statutes, chapter 115C, the petroleum tank release compensation 
227.33  board shall reimburse an owner or operator of an agricultural 
227.34  storage tank for 90 percent of the total reimbursable cost of 
227.35  removal project costs incurred for the tank prior to January 1, 
227.36  2001, including, but not limited to, tank removal, closure in 
228.1   place, backfill, resurfacing, and utility restoration costs, 
228.2   regardless of whether a release has occurred at the site.  
228.3   Notwithstanding Minnesota Statutes, section 115C.09, subdivision 
228.4   3, the board may not reimburse an eligible applicant under this 
228.5   section for more than $7,500 of costs per tank. 
228.6      Sec. 48.  [SMALL GASOLINE STORAGE TANK REMOVAL; 
228.7   REIMBURSEMENT.] 
228.8      Until June 30, 2001, the petroleum tank release 
228.9   compensation board may reimburse a tank owner from the petroleum 
228.10  tank release cleanup fund for 95 percent of the costs identified 
228.11  in Minnesota Statutes 1998, section 115C.09, subdivision 3f, 
228.12  paragraph (c), if the tank owner: 
228.13     (1) owned two locations in the state, and no locations in 
228.14  any other state, where motor fuel was dispensed to the public 
228.15  into motor vehicles, watercraft, or aircraft and dispensed motor 
228.16  fuel at that location; 
228.17     (2) operated the tanks simultaneously for six months or 
228.18  less in 1995; and 
228.19     (3) dispensed less than 200,000 gallons at both locations. 
228.20     Sec. 49.  [MINNEAPOLIS LEASE.] 
228.21     A lease to the Minneapolis park and recreation board 
228.22  entered into prior to or after the effective date of this 
228.23  section pursuant to Laws 1999, chapter 231, section 5, 
228.24  subdivision 5, shall be subject to Minnesota Statutes, section 
228.25  85.34, except as provided in this section.  The approval of the 
228.26  executive council shall not be required for the lease or the 
228.27  issuance of a liquor license.  Only the operating costs, as 
228.28  defined in the lease, to be paid by the Minneapolis park and 
228.29  recreation board to the state shall be credited to the state 
228.30  parks working capital account.  All base rent and percentage of 
228.31  gross sales to be paid by the Minneapolis park and recreation 
228.32  board to the state shall be credited to the general fund.  A 
228.33  lease of any portion of officer's row or area J may include a 
228.34  charge to be paid by the tenant for repayment of a portion of 
228.35  the costs incurred by the Minneapolis park and recreation board 
228.36  for the installation of a new water line on the upper bluff.  
229.1   The total amount to be repaid to the Minneapolis park and 
229.2   recreation board by tenants of officer's row and area J shall 
229.3   not exceed $450,000. 
229.4      Sec. 50.  [LEGISLATIVE AUDITOR REPORT UPDATE.] 
229.5      The legislative audit commission shall consider updating 
229.6   the February 1997 report on "Ethanol Programs" by January 15, 
229.7   2001. 
229.8      Sec. 51.  [EXTENSION OF APPROPRIATIONS.] 
229.9      The availability of the appropriation for the following 
229.10  project is extended to June 30, 2002:  Laws 1997, chapter 216, 
229.11  section 15, subdivision 4, paragraph (c), clause (3), the 
229.12  portion of the local initiatives grants program appropriating 
229.13  $250,000 to provide matching funds for an ISTEA grant, and for 
229.14  easement acquisition and engineering costs for a proposed trail 
229.15  between the city of Pelican Rapids and Maplewood state park. 
229.16     The availability of the appropriation for the following 
229.17  project is extended to June 30, 2001:  Laws 1997, chapter 216, 
229.18  section 15, subdivision 4, paragraph (b), metropolitan regional 
229.19  park system, for the portion related to Hyland-Bush-Anderson 
229.20  Lake Park Reserve development. 
229.21     Sec. 52.  [ADMINISTRATION TO PREPARE PLANS; RELOCATION OF 
229.22  DEPARTMENT OF AGRICULTURE PRINCIPAL OFFICES.] 
229.23     The commissioner of administration, in consultation with 
229.24  the commissioner of agriculture, shall develop comprehensive 
229.25  plans and timelines for relocation of the principal offices of 
229.26  the department of agriculture to a location outside the 
229.27  metropolitan counties listed in Minnesota Statutes, section 
229.28  473.121, subdivision 4.  The relocation must be completed no 
229.29  later than June 30, 2003, the date on which the current lease on 
229.30  the agriculture department headquarters at 90 West Plato Blvd., 
229.31  Saint Paul, MN expires. 
229.32     Sec. 53.  [EFFECTIVE DATES.] 
229.33     The resident licenses under section 23 shall be made 
229.34  available by March 1, 2001, and apply to taking game and fish 
229.35  for the 2001 license year.  The nonresident licenses under 
229.36  section 24 shall be made available by March 1, 2002, and apply 
230.1   to taking game and fish for the 2002 license year.  Section 44 
230.2   is effective retroactively from July 1, 1999.  Section 9 is 
230.3   effective the day following final enactment and applies to 
230.4   claims for corrective action costs incurred after that date. 
230.5      Sections 1 to 7, 14 to 18, 38, 41, 42, and 49 are effective 
230.6   the day following final enactment. 
230.7      Sections 26 to 36 are effective March 1, 2001. 
230.8                              ARTICLE 10
230.9              SUPPLEMENTAL APPROPRIATIONS AND REDUCTIONS
230.10  Section 1.  [APPROPRIATIONS.] 
230.11     The sums shown in the columns marked "APPROPRIATIONS" are 
230.12  appropriated from the general fund, or any other fund named, to 
230.13  the agencies and for the purposes specified in this article, to 
230.14  be available for the fiscal years indicated for each purpose.  
230.15  The figures "2000" and "2001" mean that the appropriation or 
230.16  appropriations listed under them are available for the fiscal 
230.17  year ending June 30, 2000, or June 30, 2001, respectively, and 
230.18  if an earlier appropriation was made for that purpose for that 
230.19  year, the appropriation in this article is added to it.  Where a 
230.20  dollar amount appears in parentheses, it means a reduction of an 
230.21  earlier appropriation for that purpose for that year. 
230.22                          SUMMARY BY FUND 
230.23                                                       BIENNIAL
230.24                            2000          2001           TOTAL
230.25  General              $  3,599,000   $ 14,481,000   $ 18,080,000
230.26  Special Revenue             -0-        5,449,000      5,449,000 
230.27  TOTAL                $  3,599,000   $ 19,930,000   $ 18,329,000
230.28                                             APPROPRIATIONS 
230.29                                         Available for the Year 
230.30                                             Ending June 30 
230.31                                            2000         2001 
230.32                                      $              $       
230.33  Sec. 2.  SECRETARY OF STATE            4,400,000          -0-  
230.34  To construct and maintain the Uniform 
230.35  Commercial Code central filing system 
230.36  required by S.F. No. 1495, if enacted, 
230.37  to be available until June 30, 2001. 
230.38  Sec. 3.  CAMPAIGN FINANCE AND
230.39  DISCLOSURE BOARD                          38,000          -0-
230.40  For legal costs for the board's defense 
231.1   of a constitutionality challenge, to be 
231.2   available until June 30, 2001. 
231.3   Sec. 4.  OFFICE OF STRATEGIC AND
231.4   LONG-RANGE PLANNING                      450,000          -0-  
231.5   For grants of $50,000 each to regional 
231.6   development commissions or, in regions 
231.7   not served by regional development 
231.8   commissions, to regional organizations 
231.9   selected by the director, to support 
231.10  planning work on behalf of local units 
231.11  of government.  This appropriation is 
231.12  available until June 30, 2001.  The 
231.13  planning work must include, but need 
231.14  not be limited to:  
231.15  (1) development of local zoning 
231.16  ordinances; 
231.17  (2) land use plans; 
231.18  (3) community or economic development 
231.19  plans; 
231.20  (4) transportation and transit plans; 
231.21  (5) solid waste management plans; 
231.22  (6) wastewater management plans; 
231.23  (7) workforce development plans; 
231.24  (8) housing development plans or market 
231.25  analysis; 
231.26  (9) rural health service and senior 
231.27  nutrition plans; or 
231.28  (10) natural resources management plans.
231.29  Sec. 5.  ADMINISTRATION              
231.30  Subdivision 1.  Office of   
231.31  Technology Long-Range Plan                               
231.32  Notwithstanding Laws 1999, chapter 250, 
231.33  article 1, section 12, subdivision 3, 
231.34  the appropriation for the second year 
231.35  is available for expenditure. 
231.36  Subd. 2.  Metropolitan    
231.37  Radio Board                                -0-          249,000
231.38  This appropriation is from the special 
231.39  revenue fund. 
231.40  Subd. 3.  Data Practices Study             -0-           60,000
231.41  The commissioner of administration 
231.42  shall compile information on current 
231.43  practices of state agencies and 
231.44  political subdivisions subject to 
231.45  Minnesota Statutes, chapter 13, with 
231.46  respect to the release of lists of 
231.47  public data containing personal 
231.48  information, such as individual names, 
231.49  addresses, and telephone numbers.  The 
231.50  compilation must include the following 
231.51  information for each state agency and 
231.52  type of political subdivision:  types 
232.1   of data released; number of lists 
232.2   generated per year; and costs of 
232.3   preparing the lists and revenues 
232.4   received. 
232.5   The commissioner shall submit the 
232.6   compilation to the senate judiciary 
232.7   committee and the house civil law 
232.8   committee and the budget divisions of 
232.9   the senate and house by January 15, 
232.10  2001. 
232.11  Subd. 4.  Facilities Management            -0-        1,268,000
232.12  To be added to the appropriation for 
232.13  office space costs of the legislature 
232.14  and veterans organizations, for 
232.15  ceremonial space, and for statutorily 
232.16  free space, in Laws 1999, chapter 250, 
232.17  article 1, section 12, subdivision 5. 
232.18  Sec. 6.  GAMBLING CONTROL
232.19  BOARD                                     45,000         45,000
232.20  For workers' compensation claims.  
232.21  Money not expended in the first year is 
232.22  available for expenditure in the second 
232.23  year. 
232.24  Sec. 7.  MINNEAPOLIS EMPLOYEES
232.25  RETIREMENT FUND                        (1,334,000)   (1,892,000)
232.26  This is a reduction in payments made to 
232.27  the Minneapolis employees retirement 
232.28  fund under Minnesota Statutes, section 
232.29  422A.101, subdivision 3.  The reduction 
232.30  for fiscal year 2002 is estimated to be 
232.31  $1,892,000 and the reduction for fiscal 
232.32  year 2003 is estimated to be $1,892,000.
232.33     Sec. 8.  Minnesota Statutes 1999 Supplement, section 
232.34  10A.01, subdivision 35, is amended to read: 
232.35     Subd. 35.  [PUBLIC OFFICIAL.] "Public official" means any: 
232.36     (1) member of the legislature; 
232.37     (2) individual employed by the legislature as secretary of 
232.38  the senate, legislative auditor, chief clerk of the house, 
232.39  revisor of statutes, or researcher, legislative analyst, or 
232.40  attorney in the office of senate counsel and research or house 
232.41  research; 
232.42     (3) constitutional officer in the executive branch and the 
232.43  officer's chief administrative deputy; 
232.44     (4) solicitor general or deputy, assistant, or special 
232.45  assistant attorney general; 
232.46     (5) commissioner, deputy commissioner, or assistant 
232.47  commissioner of any state department or agency as listed in 
232.48  section 15.01 or 15.06; 
233.1      (6) member, chief administrative officer, or deputy chief 
233.2   administrative officer of a state board or commission that has 
233.3   either the power to adopt, amend, or repeal rules, or the power 
233.4   to adjudicate contested cases or appeals, other than an elected 
233.5   tribal chair or elected Indian member serving as a member of the 
233.6   Indian affairs council; 
233.7      (7) individual employed in the executive branch who is 
233.8   authorized to adopt, amend, or repeal rules or adjudicate 
233.9   contested cases; 
233.10     (8) executive director of the state board of investment; 
233.11     (9) deputy of any official listed in clauses (7) and (8); 
233.12     (10) judge of the workers' compensation court of appeals; 
233.13     (11) administrative law judge or compensation judge in the 
233.14  state office of administrative hearings or referee in the 
233.15  department of economic security; 
233.16     (12) member, regional administrator, division director, 
233.17  general counsel, or operations manager of the metropolitan 
233.18  council; 
233.19     (13) member or chief administrator of a metropolitan 
233.20  agency; 
233.21     (14) director of the division of alcohol and gambling 
233.22  enforcement in the department of public safety; 
233.23     (15) member or executive director of the higher education 
233.24  facilities authority; 
233.25     (16) member of the board of directors or president of the 
233.26  Minnesota world trade center corporation or Minnesota 
233.27  Technology, Inc.; or 
233.28     (17) member of the board of directors or executive director 
233.29  of the Minnesota state high school league. 
233.30     Sec. 9.  Minnesota Statutes 1998, section 16A.11, 
233.31  subdivision 3, is amended to read: 
233.32     Subd. 3.  [PART TWO:  DETAILED BUDGET.] (a) Part two of the 
233.33  budget, the detailed budget estimates both of expenditures and 
233.34  revenues, must contain any statements on the financial plan 
233.35  which the governor believes desirable or which may be required 
233.36  by the legislature.  The detailed estimates shall include the 
234.1   governor's budget arranged in tabular form. 
234.2      (b) The detailed estimates must include a separate line 
234.3   listing the total number of professional or technical service 
234.4   contracts and the total cost of those contracts for the prior 
234.5   biennium and the projected number of professional or technical 
234.6   service contracts and the projected costs of those contracts for 
234.7   the current and upcoming biennium.  They must also include a 
234.8   summary of the personnel employed by the agency, reflected as 
234.9   full-time equivalent positions, and the number of professional 
234.10  or technical service consultants for the current biennium. 
234.11     (c) The detailed estimates for internal service funds must 
234.12  include the number of full-time equivalents by program; detail 
234.13  on any loans from the general fund, including dollar amounts by 
234.14  program; proposed investments in technology or equipment of 
234.15  $100,000 or more; an explanation of any operating losses or 
234.16  increases in retained earnings; and a history of the rates that 
234.17  have been charged, with an explanation of any rate changes and 
234.18  the impact of the rate changes on affected agencies. 
234.19     Sec. 10.  Minnesota Statutes 1998, section 16A.126, 
234.20  subdivision 2, is amended to read: 
234.21     Subd. 2.  [IMMEDIATE NEEDS.] To reduce reserves for 
234.22  unforeseen needs, and so reduce these rates, the commissioner 
234.23  may transfer money from the general fund to a revolving fund.  
234.24  Before doing so, the commissioner must decide there is not 
234.25  enough money in the revolving fund for an immediate, necessary 
234.26  expenditure.  The amount necessary to make the transfer is 
234.27  appropriated from the general fund to the commissioner of 
234.28  finance.  The commissioner shall report the amount and purpose 
234.29  of the transfer to the chair of the committee or division in the 
234.30  senate and house of representatives with primary jurisdiction 
234.31  over the budget of the department of finance. 
234.32     Sec. 11.  Minnesota Statutes 1999 Supplement, section 
234.33  16A.129, subdivision 3, is amended to read: 
234.34     Subd. 3.  [CASH ADVANCES.] When the operations of any 
234.35  nongeneral fund account would be impeded by projected cash 
234.36  deficiencies resulting from delays in the receipt of grants, 
235.1   dedicated income, or other similar receivables, and when the 
235.2   deficiencies would be corrected within the budget period 
235.3   involved, the commissioner of finance may use general fund cash 
235.4   reserves to meet cash demands.  If funds are transferred from 
235.5   the general fund to meet cash flow needs, the cash flow 
235.6   transfers must be returned to the general fund as soon as 
235.7   sufficient cash balances are available in the account to which 
235.8   the transfer was made.  The fund to which general fund cash was 
235.9   advanced must pay interest on the cash advance at a rate 
235.10  comparable to the rate earned by the state on invested 
235.11  treasurer's cash, as determined monthly by the commissioner.  An 
235.12  amount necessary to pay the interest is appropriated from the 
235.13  nongeneral fund to which the cash advance was made.  Any 
235.14  interest earned on general fund cash flow transfers accrues to 
235.15  the general fund and not to the accounts or funds to which the 
235.16  transfer was made.  The commissioner may advance general fund 
235.17  cash reserves to nongeneral fund accounts where the receipts 
235.18  from other governmental units cannot be collected within the 
235.19  budget period. 
235.20     Sec. 12.  Minnesota Statutes 1998, section 16A.641, 
235.21  subdivision 1, is amended to read: 
235.22     Subdivision 1.  [AUTHORITY.] When authorized by a law 
235.23  enacted in accordance with the constitution, article XI, 
235.24  sections 5 and 7, the commissioner may sell and issue general 
235.25  obligation bonds of the state evidencing public debt incurred 
235.26  for any purpose stated in those sections.  The full faith, 
235.27  credit, and taxing powers of the state are irrevocably pledged 
235.28  for the prompt and full payment of the bonds and interest.  The 
235.29  decision of the commissioner on when to sell bonds must be based 
235.30  on the funding needs of the capital projects, the timing of the 
235.31  bond issue to achieve the most favorable interest rates, 
235.32  managing cash flow requirements for debt service, and other 
235.33  factors the state's bond counsel recommends be considered. 
235.34     Sec. 13.  Minnesota Statutes 1998, section 16A.642, 
235.35  subdivision 1, is amended to read: 
235.36     Subdivision 1.  [REPORTS.] (a) The commissioner of finance 
236.1   shall report to the chairs of the senate committee on finance 
236.2   and the house of representatives committees on ways and means 
236.3   and on capital investment by February 1 of each odd-numbered 
236.4   year on the following: 
236.5      (1) all laws authorizing the issuance of state bonds for 
236.6   state or local government building projects enacted more than 
236.7   five years before February 1 of that odd-numbered year; the 
236.8   projects authorized to be acquired and constructed with the bond 
236.9   proceeds for which less than 100 percent of the authorized total 
236.10  cost has been expended, encumbered, or otherwise obligated; the 
236.11  cost of contracts to be let in accordance with existing plans 
236.12  and specifications shall be considered expended for this report; 
236.13  and the amount of bonds not issued and bond proceeds held but 
236.14  not previously expended, encumbered, or otherwise obligated for 
236.15  these projects; and 
236.16     (2) all laws authorizing the issuance of state bonds for 
236.17  state or local government programs or projects other than those 
236.18  described in clause (1), enacted more than five years before 
236.19  February 1 of that odd-numbered year; and the amount of bonds 
236.20  not issued and bond proceeds held but not previously expended, 
236.21  encumbered, or otherwise obligated for these programs and 
236.22  projects. 
236.23     (b) The commissioner shall also report on bond 
236.24  authorizations or bond proceed balances that may be canceled 
236.25  because projects have been canceled, completed, or otherwise 
236.26  concluded, or because the purposes for which the bonds were 
236.27  authorized or issued have been canceled, completed, or otherwise 
236.28  concluded.  The bond authorizations or bond proceed balances 
236.29  that are unencumbered or otherwise not obligated that are 
236.30  reported by the commissioner under this subdivision are 
236.31  canceled, effective July 1 of the year of the report, unless 
236.32  specifically reauthorized by act of the legislature. 
236.33     Sec. 14.  Minnesota Statutes 1998, section 16A.67, 
236.34  subdivision 1, is amended to read: 
236.35     Subdivision 1.  [AUTHORIZATION.] The commissioner of 
236.36  finance, upon request of the governor, is authorized to sell and 
237.1   issue state bonds to fund the judgment rendered against the 
237.2   state by the Minnesota supreme court in Cambridge State Bank et 
237.3   al. v. James, 514 N.W. 2d 565, on April 1, 1994, and related 
237.4   claims, and interest accrued on the judgment and related claims, 
237.5   to fund any bond reserve determined to be necessary, and to pay 
237.6   costs of issuance of the bonds.  The proceeds of the bonds are 
237.7   appropriated for these purposes.  The principal amount of the 
237.8   bonds shall not exceed $400,000,000.  The bonds shall be sold 
237.9   and issued upon such terms and in such manner as the 
237.10  commissioner shall determine to be in the best interests of the 
237.11  state.  The final maturity of the bonds shall be not later than 
237.12  June 30, 2005. 
237.13     Sec. 15.  Minnesota Statutes 1998, section 16A.671, 
237.14  subdivision 1, is amended to read: 
237.15     Subdivision 1.  [AUTHORITY; ADVISORY RECOMMENDATION.] To 
237.16  ensure that cash is available when needed to pay warrants drawn 
237.17  on the general fund under appropriations and allotments, the 
237.18  governor may authorize the commissioner may (1) to issue 
237.19  certificates of indebtedness in anticipation of the collection 
237.20  of taxes levied for and other revenues appropriated to the 
237.21  general fund for expenditure during each biennium; and (2) to 
237.22  issue additional certificates to refund outstanding certificates 
237.23  and interest on them, under the constitution, article XI, 
237.24  section 6.  
237.25     Sec. 16.  Minnesota Statutes 1998, section 16A.671, 
237.26  subdivision 2, is amended to read: 
237.27     Subd. 2.  [ADVISORY RECOMMENDATION.] Before certificates 
237.28  are initially sold by any of the methods authorized in 
237.29  subdivision 6, the governor commissioner shall seek the advisory 
237.30  recommendation of the legislative advisory commission, or if 
237.31  there is no commission, the executive council, on (1) the 
237.32  necessity of issuing them, (2) the terms and conditions of the 
237.33  sale, and (3) the maximum amount to be issued and outstanding 
237.34  under the authorization.  If the commission or council does not 
237.35  make a recommendation promptly, the recommendation is negative.  
237.36  An additional recommendation is not required for refunding 
238.1   outstanding certificates or for each issuance of certificates in 
238.2   accordance with an approved line of credit, underwriting, or 
238.3   placement agreement. 
238.4      Sec. 17.  Minnesota Statutes 1998, section 16B.052, is 
238.5   amended to read: 
238.6      16B.052 [AUTHORITY TO TRANSFER FUNDS.] 
238.7      The commissioner may, with the approval of the commissioner 
238.8   of finance, transfer from an internal service or enterprise fund 
238.9   account to another internal service or enterprise fund account, 
238.10  any contributed capital appropriated by the legislature.  The 
238.11  transfer may be made only to provide working capital or positive 
238.12  cash flow in the account to which the money is transferred.  The 
238.13  commissioner shall report the amount and purpose of the transfer 
238.14  to the chair of the committee or division in the senate and 
238.15  house of representatives with primary jurisdiction over the 
238.16  budget of the department of administration.  The transfer must 
238.17  be repaid within 18 months.  
238.18     Sec. 18.  Minnesota Statutes 1998, section 16B.121, is 
238.19  amended to read: 
238.20     16B.121 [PURCHASE OF RECYCLED, REPAIRABLE, AND DURABLE 
238.21  MATERIALS.] 
238.22     The commissioner shall take the recycled content and 
238.23  recyclability of commodities to be purchased into consideration 
238.24  in bid specifications.  When feasible and when the price of 
238.25  recycled materials does not exceed the price of nonrecycled 
238.26  materials by more than ten percent, the commissioner, and state 
238.27  agencies when purchasing under delegated authority, shall 
238.28  purchase recycled materials.  In order to maximize the quantity 
238.29  and quality of recycled materials purchased, the commissioner, 
238.30  and state agencies when purchasing under delegated authority, 
238.31  may also use other appropriate procedures to acquire recycled 
238.32  materials at the most economical cost to the state.  
238.33     The commissioner shall regularly consult with the office of 
238.34  environmental assistance, state agencies, and other interested 
238.35  parties to update the department's specifications for products 
238.36  under this section, consistent with other state procurement 
239.1   requirements.  In updating its specifications, the department 
239.2   shall take into account the United States Environmental 
239.3   Protection Agency's Comprehensive Procurement Guidelines. 
239.4      Each year the department shall issue a public report 
239.5   listing products under this section and the products' key 
239.6   environmental attributes, and discussing progress by state 
239.7   agencies in achieving the objectives of this section. 
239.8      When purchasing commodities and services, the commissioner, 
239.9   and state agencies when purchasing under delegated authority, 
239.10  shall apply and promote the preferred waste management practices 
239.11  listed in section 115A.02, with special emphasis on reduction of 
239.12  the quantity and toxicity of materials in waste.  The 
239.13  commissioner, and state agencies when purchasing under delegated 
239.14  authority, in developing bid specifications, shall consider the 
239.15  extent to which a commodity or product is durable, reusable, or 
239.16  recyclable and marketable through the state resource recovery 
239.17  program and the extent to which the commodity or product 
239.18  contains postconsumer material. 
239.19     Sec. 19.  Minnesota Statutes 1998, section 16B.48, 
239.20  subdivision 4, is amended to read: 
239.21     Subd. 4.  [REIMBURSEMENTS.] Except as specifically provided 
239.22  otherwise by law, each agency shall reimburse intertechnologies 
239.23  and general services revolving funds for the cost of all 
239.24  services, supplies, materials, labor, and depreciation of 
239.25  equipment, including reasonable overhead costs, which the 
239.26  commissioner is authorized and directed to furnish an agency.  
239.27  The cost of all publications or other materials produced by the 
239.28  commissioner and financed from the general services revolving 
239.29  fund must include reasonable overhead costs.  The commissioner 
239.30  of administration shall report the rates to be charged for each 
239.31  revolving fund no later than July 1 each year to the chair of 
239.32  the committee or division in the senate and house of 
239.33  representatives with primary jurisdiction over the budget of the 
239.34  department of administration.  The commissioner of finance shall 
239.35  make appropriate transfers to the revolving funds described in 
239.36  this section when requested by the commissioner of 
240.1   administration.  The commissioner of administration may make 
240.2   allotments, encumbrances, and, with the approval of the 
240.3   commissioner of finance, disbursements in anticipation of such 
240.4   transfers.  In addition, the commissioner of administration, 
240.5   with the approval of the commissioner of finance, may require an 
240.6   agency to make advance payments to the revolving funds in this 
240.7   section sufficient to cover the agency's estimated obligation 
240.8   for a period of at least 60 days.  All reimbursements and other 
240.9   money received by the commissioner of administration under this 
240.10  section must be deposited in the appropriate revolving fund.  
240.11  Any earnings remaining in the fund established to account for 
240.12  the documents service prescribed by section 16B.51 at the end of 
240.13  each fiscal year not otherwise needed for present or future 
240.14  operations, as determined by the commissioners of administration 
240.15  and finance, must be transferred to the general fund.  
240.16     Sec. 20.  Minnesota Statutes 1998, section 16B.485, is 
240.17  amended to read: 
240.18     16B.485 [INTERFUND LOANS.] 
240.19     The commissioner may, with the approval of the commissioner 
240.20  of finance, make loans from an internal service or enterprise 
240.21  fund to another internal service or enterprise fund, and the 
240.22  amount necessary is appropriated from the fund that makes the 
240.23  loan.  The commissioner shall report the amount and purpose of 
240.24  the loan to the chair of the committee or division in the senate 
240.25  and house of representatives with primary jurisdiction over the 
240.26  budget of the department of administration.  The term of a loan 
240.27  made under this section must be not more than 24 months. 
240.28     Sec. 21.  Minnesota Statutes 1998, section 16E.01, as 
240.29  amended by Laws 1999, chapter 250, article 1, section 68, is 
240.30  amended to read: 
240.31     16E.01 [OFFICE OF TECHNOLOGY POLICY BUREAU.] 
240.32     Subdivision 1.  [PURPOSE.] The office of technology policy 
240.33  bureau, referred to in this chapter as the "office," "bureau," 
240.34  is under the supervision of the commissioner of administration.  
240.35  The office bureau shall provide leadership and direction for 
240.36  information and communications technology policy in Minnesota.  
241.1   The office bureau shall coordinate strategic investments in 
241.2   information and communications technology to encourage the 
241.3   development of a technically literate society and to ensure 
241.4   sufficient access to and efficient delivery of government 
241.5   services.  
241.6      Subd. 2.  [DISCRETIONARY POWERS.] The office bureau may: 
241.7      (1) enter into contracts for goods or services with public 
241.8   or private organizations and charge fees for services it 
241.9   provides; 
241.10     (2) apply for, receive, and expend money from public 
241.11  agencies; 
241.12     (3) apply for, accept, and disburse grants and other aids 
241.13  from the federal government and other public or private sources; 
241.14     (4) enter into contracts with agencies of the federal 
241.15  government, local governmental units, the University of 
241.16  Minnesota and other educational institutions, and private 
241.17  persons and other nongovernmental organizations as necessary to 
241.18  perform its statutory duties; 
241.19     (5) appoint committees and task forces of not more than two 
241.20  years' duration to assist the office bureau in carrying out its 
241.21  duties; 
241.22     (6) sponsor and conduct conferences and studies, collect 
241.23  and disseminate information, and issue reports relating to 
241.24  information and communications technology issues; 
241.25     (7) participate in the activities of standards bodies and 
241.26  other appropriate conferences related to information and 
241.27  communications technology issues; 
241.28     (8) review the technology infrastructure of regions of the 
241.29  state and cooperate with and make recommendations to the 
241.30  governor, legislature, state agencies, local governments, local 
241.31  technology development agencies, the federal government, private 
241.32  businesses, and individuals for the realization of information 
241.33  and communications technology infrastructure development 
241.34  potential; 
241.35     (9) sponsor, support, and facilitate innovative and 
241.36  collaborative economic and community development and government 
242.1   services projects, including technology initiatives related to 
242.2   culture and the arts, with public and private organizations; and 
242.3      (10) review and recommend alternative sourcing strategies 
242.4   for state information and communications systems. 
242.5      Subd. 3.  [DUTIES.] The office bureau shall: 
242.6      (1) coordinate the efficient and effective use of available 
242.7   federal, state, local, and private resources to develop 
242.8   statewide information and communications technology and its 
242.9   infrastructure; 
242.10     (2) review state agency and intergovernmental information 
242.11  and communications systems development efforts involving state 
242.12  or intergovernmental funding, provide information to the 
242.13  legislature regarding projects reviewed, and recommend projects 
242.14  for inclusion in the governor's budget under section 16A.11; 
242.15     (3) encourage cooperation and collaboration among state and 
242.16  local governments in developing intergovernmental communication 
242.17  and information systems, and define the structure and 
242.18  responsibilities of the information policy council; 
242.19     (4) cooperate and collaborate with the legislative and 
242.20  judicial branches in the development of information and 
242.21  communications systems in those branches; 
242.22     (5) continue the development of North Star, the state's 
242.23  official comprehensive online service and information 
242.24  initiative; 
242.25     (6) promote and collaborate with the state's agencies in 
242.26  the state's transition to an effectively competitive 
242.27  telecommunications market; 
242.28     (7) collaborate with entities carrying out education and 
242.29  lifelong learning initiatives to assist Minnesotans in 
242.30  developing technical literacy and obtaining access to ongoing 
242.31  learning resources; 
242.32     (8) promote and coordinate public information access and 
242.33  network initiatives, consistent with chapter 13, to connect 
242.34  Minnesota's citizens and communities to each other, to their 
242.35  governments, and to the world; 
242.36     (9) promote and coordinate electronic commerce initiatives 
243.1   to ensure that Minnesota businesses and citizens can 
243.2   successfully compete in the global economy; 
243.3      (10) promote and coordinate the regular and periodic 
243.4   reinvestment in the core information and communications 
243.5   technology infrastructure so that state and local government 
243.6   agencies can effectively and efficiently serve their customers; 
243.7      (11) facilitate the cooperative development of standards 
243.8   for information systems, electronic data practices and privacy, 
243.9   and electronic commerce among international, national, state, 
243.10  and local public and private organizations; and 
243.11     (12) work with others to avoid unnecessary duplication of 
243.12  existing services provided by other public and private 
243.13  organizations while building on the existing governmental, 
243.14  educational, business, health care, and economic development 
243.15  infrastructures. 
243.16     Sec. 22.  Minnesota Statutes 1999 Supplement, section 
243.17  16E.02, subdivision 1, is amended to read: 
243.18     Subdivision 1.  [OFFICE BUREAU MANAGEMENT AND STRUCTURE.] 
243.19  The commissioner of administration is the state's chief 
243.20  information officer and technology advisor to the governor.  The 
243.21  staff of the office bureau must include individuals 
243.22  knowledgeable in information and communications technology.  
243.23     Sec. 23.  Minnesota Statutes 1998, section 16E.04, as 
243.24  amended by Laws 1999, chapter 250, article 1, section 114, is 
243.25  amended to read: 
243.26     16E.04 [INFORMATION AND COMMUNICATIONS TECHNOLOGY POLICY.] 
243.27     Subdivision 1.  [DEVELOPMENT.] The office bureau shall 
243.28  coordinate with state agencies in developing and establishing 
243.29  policies and standards for state agencies to follow in 
243.30  developing and purchasing information and communications systems 
243.31  and training appropriate persons in their use.  The office 
243.32  bureau shall develop, promote, and coordinate state technology, 
243.33  architecture, standards and guidelines, information needs 
243.34  analysis techniques, contracts for the purchase of equipment and 
243.35  services, and training of state agency personnel on these issues.
243.36     Subd. 2.  [RESPONSIBILITIES.] (a) In addition to other 
244.1   activities prescribed by law, the office bureau shall carry out 
244.2   the duties set out in this subdivision. 
244.3      (b) The office bureau shall develop and establish a state 
244.4   information architecture to ensure that further state agency 
244.5   development and purchase of information and communications 
244.6   systems, equipment, and services is designed to ensure that 
244.7   individual agency information systems complement and do not 
244.8   needlessly duplicate or conflict with the systems of other 
244.9   agencies.  When state agencies have need for the same or similar 
244.10  public data, the commissioner, in coordination with the affected 
244.11  agencies, shall promote the most efficient and cost-effective 
244.12  method of producing and storing data for or sharing data between 
244.13  those agencies.  The development of this information 
244.14  architecture must include the establishment of standards and 
244.15  guidelines to be followed by state agencies. 
244.16     (c) The office bureau shall assist state agencies in the 
244.17  planning and management of information systems so that an 
244.18  individual information system reflects and supports the state 
244.19  agency's mission and the state's requirements and functions. 
244.20     (d) The office bureau shall review agency requests for 
244.21  legislative appropriations for the development or purchase of 
244.22  information systems equipment or software. 
244.23     (e) The office bureau shall review major purchases of 
244.24  information systems equipment to: 
244.25     (1) ensure that the equipment follows the standards and 
244.26  guidelines of the state information architecture; 
244.27     (2) ensure that the equipment is consistent with the 
244.28  information management principles adopted by the information 
244.29  policy council; 
244.30     (3) evaluate whether the agency's proposed purchase 
244.31  reflects a cost-effective policy regarding volume purchasing; 
244.32  and 
244.33     (4) ensure that the equipment is consistent with other 
244.34  systems in other state agencies so that data can be shared among 
244.35  agencies, unless the office bureau determines that the agency 
244.36  purchasing the equipment has special needs justifying the 
245.1   inconsistency. 
245.2      (f) The office bureau shall review the operation of 
245.3   information systems by state agencies and provide advice and 
245.4   assistance to ensure that these systems are operated efficiently 
245.5   and continually meet the standards and guidelines established by 
245.6   the office bureau.  The standards and guidelines must emphasize 
245.7   uniformity that encourages information interchange, open systems 
245.8   environments, and portability of information whenever 
245.9   practicable and consistent with an agency's authority and 
245.10  chapter 13.  The office bureau, in consultation with the 
245.11  intergovernmental information systems advisory council and the 
245.12  legislative reference library, shall recommend specific 
245.13  standards and guidelines for each state agency within a time 
245.14  period fixed by the office bureau in regard to the following: 
245.15     (1) establishing methods and systems directed at reducing 
245.16  and ultimately eliminating redundant storage of data; and 
245.17     (2) establishing information sales systems that utilize 
245.18  licensing and royalty agreements to the greatest extent 
245.19  possible, together with procedures for agency denial of requests 
245.20  for licenses or royalty agreements by commercial users or 
245.21  resellers of the information.  Section 3.751 does not apply to 
245.22  those licensing and royalty agreements, and the agreements must 
245.23  include provisions that section 3.751 does not apply and that 
245.24  the state is immune from liability under the agreement. 
245.25     (g) The office bureau shall conduct a comprehensive review 
245.26  at least every three years of the information systems 
245.27  investments that have been made by state agencies and higher 
245.28  education institutions.  The review must include recommendations 
245.29  on any information systems applications that could be provided 
245.30  in a more cost-beneficial manner by an outside source.  
245.31  The office bureau must report the results of its review to the 
245.32  legislature and the governor. 
245.33     (h) The office bureau shall report to the legislature by 
245.34  January 15 of each year on progress in implementing paragraph 
245.35  (f), clauses (1) and (2). 
245.36     Sec. 24.  Minnesota Statutes 1998, section 16E.05, is 
246.1   amended to read: 
246.2      16E.05 [GOVERNMENT INFORMATION ACCESS.] 
246.3      Subdivision 1.  [DUTIES.] The office bureau, in 
246.4   consultation with interested persons, shall: 
246.5      (1) coordinate statewide efforts by units of state and 
246.6   local government to plan for and develop a system for providing 
246.7   access to government services; 
246.8      (2) make recommendations to facilitate coordination and 
246.9   assistance of demonstration projects; and 
246.10     (3) explore ways and means to improve citizen and business 
246.11  access to public services, including implementation of 
246.12  technological improvements. 
246.13     Subd. 2.  [APPROVAL OF STATE AGENCY INITIATIVES.] A state 
246.14  agency shall coordinate with the office bureau when implementing 
246.15  a new initiative for providing electronic access to state 
246.16  government information. 
246.17     Subd. 3.  [CAPITAL INVESTMENT.] No state agency may propose 
246.18  or implement a capital investment plan for a state office 
246.19  building unless: 
246.20     (1) the agency has developed a plan for increasing 
246.21  telecommuting by employees who would normally work in the 
246.22  building, or the agency has prepared a statement describing why 
246.23  such a plan is not practicable; and 
246.24     (2) the plan or statement has been reviewed by the office 
246.25  bureau. 
246.26     Sec. 25.  Minnesota Statutes 1998, section 16E.06, is 
246.27  amended to read: 
246.28     16E.06 [DATA PRIVACY.] 
246.29     The following data submitted to the office bureau by 
246.30  businesses are private data on individuals or nonpublic data:  
246.31  financial statements, business plans, income and expense 
246.32  projections, customer lists, and market and feasibility studies 
246.33  not paid for with public funds. 
246.34     Sec. 26.  Minnesota Statutes 1998, section 16E.07, 
246.35  subdivision 2, is amended to read: 
246.36     Subd. 2.  [ESTABLISHED.] The office bureau shall establish 
247.1   "North Star" as the state's comprehensive government online 
247.2   information service.  North Star is the state's governmental 
247.3   framework for coordinating and collaborating in providing online 
247.4   government information and services.  Government agencies that 
247.5   provide electronic access to government information are 
247.6   requested to make available to North Star their most frequently 
247.7   requested public data.  
247.8      Sec. 27.  Minnesota Statutes 1998, section 16E.07, 
247.9   subdivision 5, is amended to read: 
247.10     Subd. 5.  [PARTICIPATION; CONSULTATION; GUIDELINES.] The 
247.11  North Star staff shall consult with governmental and 
247.12  nongovernmental organizations to establish rules for 
247.13  participation in the North Star service.  Government units 
247.14  planning, developing, or providing publicly accessible online 
247.15  services shall provide access through and collaborate with North 
247.16  Star and formally register with the office bureau.  The 
247.17  University of Minnesota is requested to establish online 
247.18  connections and collaborate with North Star.  Units of the 
247.19  legislature shall make their services available through North 
247.20  Star.  Government units may be required to submit standardized 
247.21  directory and general content for core services but are not 
247.22  required to purchase core services from North Star.  North Star 
247.23  shall promote broad public access to the sources of online 
247.24  information or services through multiple technologies.  
247.25     Sec. 28.  Minnesota Statutes 1998, section 16E.07, 
247.26  subdivision 6, is amended to read: 
247.27     Subd. 6.  [FEES.] The office bureau shall establish fees 
247.28  for technical and transaction services for government units 
247.29  through North Star.  Fees must be credited to the North Star 
247.30  account.  The office bureau may not charge a fee for viewing or 
247.31  inspecting data made available through North Star or linked 
247.32  facilities, unless specifically authorized by law. 
247.33     Sec. 29.  Minnesota Statutes 1998, section 16E.07, 
247.34  subdivision 7, is amended to read: 
247.35     Subd. 7.  [NORTH STAR ACCOUNT.] The North Star account is 
247.36  created in the special revenue fund.  The account consists of: 
248.1      (1) grants received from nonstate entities; 
248.2      (2) fees and charges collected by the office bureau; 
248.3      (3) gifts, donations, and bequests made to the office 
248.4   bureau; and 
248.5      (4) other money credited to the account by law. 
248.6      Money in the account is appropriated to the office bureau 
248.7   to be used to continue the development of the North Star project.
248.8      Sec. 30.  Minnesota Statutes 1998, section 16E.07, 
248.9   subdivision 8, is amended to read: 
248.10     Subd. 8.  [SECURE TRANSACTION SYSTEM.] The office bureau 
248.11  shall plan and develop a secure transaction system to support 
248.12  delivery of government services electronically. 
248.13     Sec. 31.  Minnesota Statutes 1998, section 16E.07, 
248.14  subdivision 9, is amended to read: 
248.15     Subd. 9.  [AGGREGATION OF SERVICE DEMAND.] The office 
248.16  bureau shall identify opportunities to aggregate demand for 
248.17  technical services required by government units for online 
248.18  activities and may contract with governmental or nongovernmental 
248.19  entities to provide services.  These contracts are not subject 
248.20  to the requirements of chapters 16B and 16C, except sections 
248.21  16C.04, 16C.07, 16C.08, and 16C.09. 
248.22     Sec. 32.  Minnesota Statutes 1998, section 16E.07, 
248.23  subdivision 10, is amended to read: 
248.24     Subd. 10.  [OUTREACH.] The office bureau may promote the 
248.25  availability of government online information and services 
248.26  through public outreach and education.  Public network expansion 
248.27  in communities through libraries, schools, colleges, local 
248.28  government, and other community access points must include 
248.29  access to North Star.  North Star may make materials available 
248.30  to those public sites to promote awareness of the service. 
248.31     Sec. 33.  Minnesota Statutes 1998, section 16E.07, 
248.32  subdivision 11, is amended to read: 
248.33     Subd. 11.  [ADVANCED DEVELOPMENT COLLABORATION.] The office 
248.34  bureau shall identify information technology services with broad 
248.35  public impact and advanced development requirements.  Those 
248.36  services shall assist in the development of and utilization of 
249.1   core services to the greatest extent possible where appropriate, 
249.2   cost-effective, and technically feasible.  This includes, but is 
249.3   not limited to, higher education, statewide online library, 
249.4   economic and community development, and K-12 educational 
249.5   technology services.  North Star shall participate in electronic 
249.6   commerce research and development initiatives with the 
249.7   University of Minnesota and other partners.  The statewide 
249.8   online library service shall consult, collaborate, and work with 
249.9   North Star to ensure development of proposals for advanced 
249.10  government information locator and electronic depository and 
249.11  archive systems. 
249.12     Sec. 34.  Minnesota Statutes 1999 Supplement, section 
249.13  16E.08, is amended to read: 
249.14     16E.08 [BUSINESS LICENSE INFORMATION.] 
249.15     The office technology policy bureau shall coordinate the 
249.16  design, establishment, implementation, and maintenance of an 
249.17  electronic system to allow the public to retrieve by computer 
249.18  information prepared by the department of trade and economic 
249.19  development bureau of business licenses on licenses and their 
249.20  requirements.  The office technology policy bureau shall 
249.21  establish the format and standards for retrieval consistent with 
249.22  state information and data interchange policies.  The electronic 
249.23  system must also be designed to allow the public to apply for 
249.24  and obtain business licenses and permits on line.  The office 
249.25  technology policy bureau shall integrate the system with the 
249.26  North Star online information system.  The office technology 
249.27  policy bureau shall work in collaboration with the department of 
249.28  trade and economic development bureau of business licenses.  The 
249.29  bureau of business licenses is responsible for creating and 
249.30  maintaining the information on licenses and their requirements.  
249.31  The technology policy bureau is responsible for operating the 
249.32  business license and permit online system. 
249.33     Sec. 35.  Minnesota Statutes 1998, section 422A.101, 
249.34  subdivision 3, is amended to read: 
249.35     Subd. 3.  [STATE CONTRIBUTIONS.] (a) Subject to the 
249.36  limitation set forth in paragraph (c), the state shall pay to 
250.1   the Minneapolis employees retirement fund annually an amount 
250.2   equal to the amount calculated under paragraph (b). 
250.3      (b) The payment amount is an amount equal to the financial 
250.4   requirements of the Minneapolis employees retirement fund 
250.5   reported in the actuarial valuation of the fund prepared by the 
250.6   commission-retained actuary pursuant to section 356.215 for the 
250.7   most recent year but based on a target date for full 
250.8   amortization of the unfunded actuarial accrued liabilities by 
250.9   June 30, 2020, less the amount of employee contributions 
250.10  required pursuant to section 422A.10, and the amount of employer 
250.11  contributions required pursuant to subdivisions 1a, 2, and 2a.  
250.12  Payments shall be made in four equal installments, occurring on 
250.13  March 15, July 15, September 15, and November 15 annually.  
250.14     (c) The annual state contribution under this subdivision 
250.15  may not exceed $10,455,000 through fiscal year 1998 and 
250.16  $9,000,000 beginning in fiscal year 1999, plus the cost of the 
250.17  annual supplemental benefit determined under section 356.865. 
250.18     (d) If the amount determined under paragraph (b) exceeds 
250.19  $11,910,000, the excess must be allocated to and paid to the 
250.20  fund by the employers identified in subdivisions 1a and 2, other 
250.21  than units of metropolitan government.  Each employer's share of 
250.22  the excess is proportionate to the employer's share of the 
250.23  fund's unfunded actuarial accrued liability as disclosed in the 
250.24  annual actuarial valuation prepared by the actuary retained by 
250.25  the legislative commission on pensions and retirement compared 
250.26  to the total unfunded actuarial accrued liability attributed to 
250.27  all employers identified in subdivisions 1a and 2, other than 
250.28  units of metropolitan government.  Payments must be made in 
250.29  equal installments as set forth in paragraph (b). 
250.30     Sec. 36.  Laws 1984, chapter 597, section 22, is amended to 
250.31  read: 
250.32     Sec. 22.  [TRANSPORTATION BONDS.] 
250.33     To provide the money appropriated in this act from the 
250.34  state transportation fund the commissioner of finance upon 
250.35  request of the governor shall sell and issue bonds of the state 
250.36  in an amount up to $16,000,000 in the manner, upon the terms, 
251.1   and with the effect prescribed by Minnesota Statutes, sections 
251.2   174.50, 174.51, and by the Constitution, article XI, sections 4 
251.3   to 7.  
251.4      Sec. 37.  Laws 1987, chapter 400, section 25, subdivision 
251.5   1, is amended to read: 
251.6      Subdivision 1.  [BUILDING FUND.] To provide the money 
251.7   appropriated in this act from the state building fund the 
251.8   commissioner of finance on request of the governor shall sell 
251.9   and issue bonds of the state in an amount up to $370,972,200 in 
251.10  the manner, upon the terms, and with the effect prescribed by 
251.11  Minnesota Statutes, sections 16A.631 to 16A.675, and by the 
251.12  Minnesota Constitution, article XI, sections 4 to 7.  
251.13     Sec. 38.  Laws 1987, chapter 400, section 25, subdivision 
251.14  5, is amended to read: 
251.15     Subd. 5.  [WATER POLLUTION CONTROL FUND.] To provide the 
251.16  money appropriated in this act from the water pollution control 
251.17  fund the commissioner of finance on request of the governor 
251.18  shall sell and issue bonds of the state in an amount up to 
251.19  $66,747,000 in the manner, upon the terms, and with the effect 
251.20  prescribed by Minnesota Statutes, sections 16A.631 to 16A.675, 
251.21  and by the Minnesota Constitution, article XI, sections 4 to 7. 
251.22  The proceeds of the bonds, except accrued interest and any 
251.23  premium received on the sale of the bonds, must be credited to a 
251.24  bond proceeds account in the water pollution control fund. 
251.25     Sec. 39.  Laws 1989, chapter 300, article 1, section 23, 
251.26  subdivision 1, is amended to read: 
251.27     Subdivision 1.  [BUILDING FUND.] To provide the money 
251.28  appropriated in this act from the state building fund the 
251.29  commissioner of finance on request of the governor shall sell 
251.30  and issue bonds of the state in an amount up to $142,585,000 in 
251.31  the manner, upon the terms, and with the effect prescribed by 
251.32  Minnesota Statutes, sections 16A.631 to 16A.675, and by the 
251.33  Minnesota Constitution, article XI, sections 4 to 7. 
251.34     Sec. 40.  Laws 1990, chapter 610, article 1, section 30, is 
251.35  amended to read: 
251.36     Sec. 30.  [BOND SALE.] 
252.1      Subdivision 1.  [BOND PROCEEDS FUND.] To provide the money 
252.2   appropriated in this act from the state bond proceeds fund the 
252.3   commissioner of finance, on request of the governor, shall sell 
252.4   and issue bonds of the state in an amount up to $109,525,000 in 
252.5   the manner, upon the terms, and with the effect prescribed by 
252.6   Minnesota Statutes, sections 16A.631 to 16A.675, and by the 
252.7   Minnesota Constitution, article XI, sections 4 to 7.  
252.8      Subd. 2.  [INFRASTRUCTURE DEVELOPMENT FUND.] To provide the 
252.9   money appropriated in this act from the infrastructure 
252.10  development fund, the commissioner of finance, on request of the 
252.11  governor, shall sell and issue bonds of the state in an amount 
252.12  up to $243,665,000 in the manner, upon the terms, and with the 
252.13  effect prescribed by Minnesota Statutes, sections 16A.631 to 
252.14  16A.675, and by the Minnesota Constitution, article XI, sections 
252.15  4 to 7. 
252.16     Subd. 3.  [TRANSPORTATION FUND.] To provide the money 
252.17  appropriated in this act from the state transportation fund, the 
252.18  commissioner of finance, on request of the governor, shall sell 
252.19  and issue bonds of the state in an amount up to $11,200,000 in 
252.20  the manner, upon the terms, and with the effect prescribed by 
252.21  Minnesota Statutes, sections 16A.631 to 16A.675, and by the 
252.22  Minnesota Constitution, article XI, sections 4 to 7.  The 
252.23  proceeds of the bonds, except accrued interest and any premium 
252.24  received on the sale of the bonds, must be credited to a bond 
252.25  proceeds account in the state transportation fund. 
252.26     Sec. 41.  Laws 1991, chapter 354, article 11, section 2, 
252.27  subdivision 1, is amended to read: 
252.28     Subdivision 1.  (a) To provide the money appropriated from 
252.29  the bond proceeds fund in 1991 S.F. No. 1533, the commissioner 
252.30  of finance on request of the governor shall sell and issue bonds 
252.31  of the state in an amount up to $16,000,000 in the manner, upon 
252.32  the terms, and with the effect prescribed by Minnesota Statutes, 
252.33  sections 16A.631 to 16A.675, and by the Minnesota Constitution, 
252.34  article XI. 
252.35     (b) To provide the money appropriated from the bond 
252.36  proceeds fund in this act, the commissioner of finance on 
253.1   request of the governor shall sell and issue bonds of the state 
253.2   in an amount up to $12,000,000 in the manner, upon the terms, 
253.3   and with the effect prescribed by Minnesota Statutes, sections 
253.4   16A.631 to 16A.675, and by the Minnesota Constitution, article 
253.5   XI. 
253.6      Sec. 42.  Laws 1992, chapter 558, section 28, is amended to 
253.7   read: 
253.8      Sec. 28.  [BOND SALE.] 
253.9      Subdivision 1.  [BOND PROCEEDS FUND.] To provide the money 
253.10  appropriated in this act from the bond proceeds fund the 
253.11  commissioner of finance, on request of the governor, shall sell 
253.12  and issue bonds of the state in an amount up to $231,695,000 in 
253.13  the manner, upon the terms, and with the effect prescribed by 
253.14  Minnesota Statutes, sections 16A.631 to 16A.675, and by the 
253.15  Minnesota Constitution, article XI, sections 4 to 7.  
253.16     Subd. 2.  [MAXIMUM EFFORT SCHOOL LOAN FUND.] To provide the 
253.17  money appropriated in this act from the maximum effort school 
253.18  loan fund, the commissioner of finance, on request of the 
253.19  governor, shall sell and issue bonds of the state in an amount 
253.20  up to $12,130,000 in the manner, upon the terms, and with the 
253.21  effect prescribed by Minnesota Statutes, sections 16A.631 to 
253.22  16A.675, and by the Minnesota Constitution, article XI, sections 
253.23  4 to 7.  The proceeds of the bonds, except accrued interest and 
253.24  any premium received on the sale of the bonds, must be credited 
253.25  to a bond proceeds account in the maximum effort school loan 
253.26  fund. 
253.27     Subd. 3.  [TRANSPORTATION FUND.] To provide the money 
253.28  appropriated in this act from the state transportation fund, the 
253.29  commissioner of finance, on request of the governor, shall sell 
253.30  and issue bonds of the state in an amount up to $17,500,000 in 
253.31  the manner, upon the terms, and with the effect prescribed by 
253.32  Minnesota Statutes, sections 16A.631 to 16A.675, and by the 
253.33  Minnesota Constitution, article XI, sections 4 to 7.  The 
253.34  proceeds of the bonds, except accrued interest and any premium 
253.35  received on the sale of the bonds, must be credited to a bond 
253.36  proceeds account in the state transportation fund. 
254.1      Sec. 43.  Laws 1994, chapter 639, article 3, section 5, is 
254.2   amended to read: 
254.3      Sec. 5.  [BOND SALE.] 
254.4      (a) To provide the money appropriated in this act from the 
254.5   state bond proceeds fund, the commissioner of finance, on 
254.6   request of the governor, shall sell and issue bonds of the state 
254.7   in an amount up to $90,000,000 in the manner, upon the terms, 
254.8   and with the effect prescribed by Minnesota Statutes, sections 
254.9   16A.631 to 16A.675, the Minnesota Constitution, article XI, 
254.10  sections 4 to 7, and paragraph (b). 
254.11     (b) Bonds may not be issued under this section in total 
254.12  amounts exceeding the following: 
254.13     (1) by June 30, 1996, $10,000,000; 
254.14     (2) by June 30, 1998, $35,000,000; 
254.15     (3) by June 30, 2000, $55,000,000; and 
254.16     (4) by June 30, 2002, $75,000,000. 
254.17     Sec. 44.  Laws 1994, chapter 643, section 31, is amended to 
254.18  read: 
254.19     Sec. 31.  [BOND SALE AUTHORIZATION.] 
254.20     Subdivision 1.  [BOND PROCEEDS FUND.] To provide the money 
254.21  appropriated in this act from the bond proceeds fund the 
254.22  commissioner of finance, on request of the governor, shall sell 
254.23  and issue bonds of the state in an amount up to $573,385,000 in 
254.24  the manner, upon the terms, and with the effect prescribed by 
254.25  Minnesota Statutes, sections 16A.631 to 16A.675, and by the 
254.26  Minnesota Constitution, article XI, sections 4 to 7.  
254.27     Subd. 2.  [TRANSPORTATION FUND.] To provide the money 
254.28  appropriated in this act from the state transportation fund, the 
254.29  commissioner of finance, on request of the governor, shall sell 
254.30  and issue general obligation bonds of the state in an amount up 
254.31  to $45,000,000 in the manner, upon the terms, and with the 
254.32  effect prescribed by Minnesota Statutes, sections 16A.631 to 
254.33  16A.675, and by the Minnesota Constitution, article XI, sections 
254.34  4 to 7.  The proceeds of the bonds, except accrued interest and 
254.35  any premium received on the sale of the bonds, must be credited 
254.36  to a bond proceeds account in the state transportation fund. 
255.1      Subd. 3.  [MAXIMUM EFFORT SCHOOL LOAN FUND.] To provide the 
255.2   money appropriated in this act from the maximum effort school 
255.3   loan fund, the commissioner of finance, on request of the 
255.4   governor, shall sell and issue bonds of the state in an amount 
255.5   up to $2,970,000 in the manner, upon the terms, and with the 
255.6   effect prescribed by Minnesota Statutes, sections 16A.631 to 
255.7   16A.675, and by the Minnesota Constitution, article XI, sections 
255.8   4 to 7.  The proceeds of the bonds, except accrued interest and 
255.9   any premium received on the sale of the bonds, must be credited 
255.10  to a bond proceeds account in the maximum effort school loan 
255.11  fund. 
255.12     Sec. 45.  Laws 1995, First Special Session chapter 2, 
255.13  article 1, section 14, is amended to read: 
255.14     Sec. 14.  [BOND SALE AUTHORIZATION.] 
255.15     Subdivision 1.  [BOND PROCEEDS FUND.] To provide the money 
255.16  appropriated in this article from the bond proceeds fund, the 
255.17  commissioner of finance, on request of the governor, shall sell 
255.18  and issue bonds of the state in an amount up to $5,630,000 in 
255.19  the manner, upon the terms, and with the effect prescribed by 
255.20  Minnesota Statutes, sections 16A.631 to 16A.675, and by the 
255.21  Minnesota Constitution, article XI, sections 4 to 7. 
255.22     Subd. 2.  [TRANSPORTATION FUND.] To provide the money 
255.23  appropriated in this article from the state transportation fund, 
255.24  the commissioner of finance, on request of the governor, shall 
255.25  sell and issue general obligation bonds of the state in an 
255.26  amount up to $4,500,000 in the manner, upon the terms, and with 
255.27  the effect prescribed by Minnesota Statutes, sections 16A.631 to 
255.28  16A.675, and by the Minnesota Constitution, article XI, sections 
255.29  4 to 7.  The proceeds of the bonds, except accrued interest and 
255.30  any premium received on the sale of the bonds, must be credited 
255.31  to a bond proceeds account in the state transportation fund. 
255.32     Subd. 3.  [MAXIMUM EFFORT SCHOOL LOAN FUND.] To provide the 
255.33  money appropriated by this article from the maximum effort 
255.34  school loan fund, the commissioner of finance, on request of the 
255.35  governor, shall sell and issue bonds of the state in an amount 
255.36  up to $23,670,000 in the manner, on the terms, and with the 
256.1   effect prescribed by Minnesota Statutes, sections 16A.631 to 
256.2   16A.675, and by the Minnesota Constitution, article XI, sections 
256.3   4 to 7.  The proceeds of the bonds, except accrued interest and 
256.4   any premium received on the sale of the bonds, must be credited 
256.5   to a bond proceeds account in the maximum effort school loan 
256.6   fund. 
256.7      Sec. 46.  Laws 1996, chapter 463, section 27, is amended to 
256.8   read: 
256.9      Sec. 27.  [BOND SALE AUTHORIZATIONS.] 
256.10     Subdivision 1.  [BOND PROCEEDS FUND.] To provide the money 
256.11  appropriated in this act from the bond proceeds fund the 
256.12  commissioner of finance, on request of the governor, shall sell 
256.13  and issue bonds of the state in an amount up to $597,110,000 in 
256.14  the manner, upon the terms, and with the effect prescribed by 
256.15  Minnesota Statutes, sections 16A.631 to 16A.675, and by the 
256.16  Minnesota Constitution, article XI, sections 4 to 7.  
256.17     Subd. 2.  [TRANSPORTATION FUND.] To provide the money 
256.18  appropriated in this act from the state transportation fund, the 
256.19  commissioner of finance, on request of the governor, shall sell 
256.20  and issue general obligation bonds of the state in an amount up 
256.21  to $10,000,000 in the manner, upon the terms, and with the 
256.22  effect prescribed by Minnesota Statutes, sections 16A.631 to 
256.23  16A.675, and by the Minnesota Constitution, article XI, sections 
256.24  4 to 7.  The proceeds of the bonds, except accrued interest and 
256.25  any premium received on the sale of the bonds, must be credited 
256.26  to a bond proceeds account in the state transportation fund. 
256.27     Sec. 47.  Laws 1997, chapter 246, section 10, is amended to 
256.28  read: 
256.29     Sec. 10.  [BOND SALE AUTHORIZATIONS.] 
256.30     Subdivision 1.  [BOND PROCEEDS FUND.] To provide the money 
256.31  appropriated in this act from the bond proceeds fund the 
256.32  commissioner of finance, on request of the governor, shall sell 
256.33  and issue bonds of the state in an amount up to $86,625,000 in 
256.34  the manner, upon the terms, and with the effect prescribed by 
256.35  Minnesota Statutes, sections 16A.631 to 16A.675, and by the 
256.36  Minnesota Constitution, article XI, sections 4 to 7.  
257.1      Subd. 2.  [TRANSPORTATION FUND.] To provide the money 
257.2   appropriated in this act from the state transportation fund, the 
257.3   commissioner of finance, on request of the governor, shall sell 
257.4   and issue general obligation bonds of the state in an amount up 
257.5   to $3,000,000 in the manner, upon the terms, and with the effect 
257.6   prescribed by Minnesota Statutes, sections 16A.631 to 16A.675, 
257.7   and by the Minnesota Constitution, article XI, sections 4 to 7.  
257.8   The proceeds of the bonds, except accrued interest and any 
257.9   premium received on the sale of the bonds, must be credited to a 
257.10  bond proceeds account in the state transportation fund. 
257.11     Sec. 48.  Laws 1998, chapter 404, section 27, is amended to 
257.12  read: 
257.13     Sec. 27.  [BOND SALE AUTHORIZATIONS.] 
257.14     Subdivision 1.  [BOND PROCEEDS FUND.] To provide the money 
257.15  appropriated in this act from the bond proceeds fund, the 
257.16  commissioner of finance, on request of the governor, shall sell 
257.17  and issue bonds of the state in an amount up to $463,795,000 in 
257.18  the manner, upon the terms, and with the effect prescribed by 
257.19  Minnesota Statutes, sections 16A.631 to 16A.675, and by the 
257.20  Minnesota Constitution, article XI, sections 4 to 7.  
257.21     Subd. 2.  [TRANSPORTATION FUND.] To provide the money 
257.22  appropriated in this act from the transportation fund, the 
257.23  commissioner of finance, on request of the governor, shall sell 
257.24  and issue bonds of the state in an amount up to $34,000,000 in 
257.25  the manner, upon the terms, and with the effect prescribed by 
257.26  Minnesota Statutes, sections 16A.631 to 16A.675, and by the 
257.27  Minnesota Constitution, article XI, sections 4 to 7.  The 
257.28  proceeds of the bonds, except accrued interest and any premium 
257.29  received on the sale of the bonds, must be credited to a bond 
257.30  proceeds account in the state transportation fund. 
257.31     Sec. 49.  Laws 1999, chapter 240, article 1, section 13, is 
257.32  amended to read: 
257.33     Sec. 13.  [BOND SALE AUTHORIZATIONS.] 
257.34     Subdivision 1.  [BOND PROCEEDS FUND.] To provide the money 
257.35  appropriated in this article from the bond proceeds fund, the 
257.36  commissioner of finance, on request of the governor, shall sell 
258.1   and issue bonds of the state in an amount up to $139,510,000 in 
258.2   the manner, upon the terms, and with the effect prescribed by 
258.3   Minnesota Statutes, sections 16A.631 to 16A.675, and by the 
258.4   Minnesota Constitution, article XI, sections 4 to 7. 
258.5      Subd. 2.  [TRANSPORTATION FUND.] To provide the money 
258.6   appropriated in this article from the transportation fund, the 
258.7   commissioner of finance, on request of the governor, shall sell 
258.8   and issue bonds of the state in an amount up to $10,440,000 in 
258.9   the manner, upon the terms, and with the effect prescribed by 
258.10  Minnesota Statutes, sections 16A.631 to 16A.675, and by the 
258.11  Minnesota Constitution, article XI, sections 4 to 7.  The 
258.12  proceeds of the bonds, except accrued interest and any premium 
258.13  received on the sale of the bonds, must be credited to a bond 
258.14  proceeds account in the state transportation fund. 
258.15     Sec. 50.  Laws 1999, chapter 240, article 2, section 16, is 
258.16  amended to read: 
258.17     Sec. 16.  [BOND SALE AUTHORIZATIONS.] 
258.18     Subdivision 1.  [BOND PROCEEDS FUND.] To provide the money 
258.19  appropriated in this article from the bond proceeds fund, the 
258.20  commissioner of finance, on request of the governor, shall sell 
258.21  and issue bonds of the state in an amount up to $372,400,000 in 
258.22  the manner, upon the terms, and with the effect prescribed by 
258.23  Minnesota Statutes, sections 16A.631 to 16A.675, and by the 
258.24  Minnesota Constitution, article XI, sections 4 to 7. 
258.25     Subd. 2.  [TRANSPORTATION FUND.] To provide the money 
258.26  appropriated in this article from the transportation fund, the 
258.27  commissioner of finance, on request of the governor, shall sell 
258.28  and issue bonds of the state in an amount up to $28,000,000 in 
258.29  the manner, upon the terms, and with the effect prescribed by 
258.30  Minnesota Statutes, sections 16A.631 to 16A.675, and by the 
258.31  Minnesota Constitution, article XI, sections 4 to 7.  The 
258.32  proceeds of the bonds, except accrued interest and any premium 
258.33  received on the sale of the bonds, must be credited to a bond 
258.34  proceeds account in the state transportation fund. 
258.35     Sec. 51.  Laws 1999, chapter 250, article 1, section 11, is 
258.36  amended to read: 
259.1   Sec. 11.  OFFICE OF STRATEGIC 
259.2   AND LONG-RANGE PLANNING                6,891,000      4,417,000
259.3   $100,000 the first year is to integrate 
259.4   the office's information technology and 
259.5   is available until June 30, 2003.  The 
259.6   director shall report on the progress 
259.7   of the unit to the chairs of the 
259.8   legislative committees responsible for 
259.9   this budget item by January 15, 2000, 
259.10  2001, and 2002. 
259.11  $1,600,000 the first year is for a 
259.12  generic environmental impact statement 
259.13  on animal agriculture. 
259.14  $200,000 the first year is to perform 
259.15  program evaluations of agencies in the 
259.16  executive branch. 
259.17  The program evaluation division will 
259.18  report to the legislature by December 
259.19  1, 2000, ways to reduce state 
259.20  government expenditures by five to ten 
259.21  percent. 
259.22  $100,000 the first year is to provide 
259.23  administrative support to 
259.24  community-based planning efforts. 
259.25  $150,000 the first year is for a grant 
259.26  of $50,000 to the southwest regional 
259.27  development commission for the 
259.28  continuation of the pilot program and 
259.29  two additional grants of $50,000 each 
259.30  to regional development commissions or, 
259.31  in regions not served by regional 
259.32  development commissions, to regional 
259.33  organizations selected by the director 
259.34  of strategic and long-range planning, 
259.35  to support planning work on behalf of 
259.36  local units of government.  The 
259.37  planning work shall include, but need 
259.38  not be limited to:  
259.39  (1) development of local zoning 
259.40  ordinances; 
259.41  (2) land use plans; 
259.42  (3) community or economic development 
259.43  plans; 
259.44  (4) transportation and transit plans; 
259.45  (5) solid waste management plans; 
259.46  (6) wastewater management plans; 
259.47  (7) workforce development plans; 
259.48  (8) housing development plans and/or 
259.49  market analysis; 
259.50  (9) rural health service plans; 
259.51  (10) natural resources management 
259.52  plans; or 
259.53  (11) development of geographical 
259.54  information systems database to serve a 
260.1   region's needs, including hardware and 
260.2   software purchases and related labor 
260.3   costs. 
260.4   $200,000 the first year is to prepare 
260.5   the generic environmental impact 
260.6   statement on urban development required 
260.7   by section 108.  Any unencumbered 
260.8   balance remaining in the first year 
260.9   does not cancel and is available for 
260.10  the second year of the biennium. 
260.11  $24,000 the first year is for the 
260.12  southwest Minnesota wind monitoring 
260.13  project. 
260.14  $100,000 the first year is for a grant 
260.15  to the city of Mankato to complete the 
260.16  Mankato area growth management and 
260.17  planning study, phase 2.  The 
260.18  appropriation is available until June 
260.19  30, 2002.  The appropriation must be 
260.20  matched by an in-kind donation of 
260.21  $100,000 in administrative, technical, 
260.22  and higher educational internship 
260.23  support and supervision.  The value of 
260.24  the in-kind donations must be 
260.25  determined by the commissioner of 
260.26  finance. 
260.27  The city shall serve as fiscal agent to 
260.28  complete the study under the 1997 
260.29  regional planning joint powers 
260.30  agreement among the cities of Mankato, 
260.31  North Mankato, and Eagle Lake; the 
260.32  counties of Nicollet and Blue Earth; 
260.33  and the towns of Mankato, South Bend, 
260.34  Lime, Decoria, and Belgrade, without 
260.35  limitation on the rights of the parties 
260.36  to that agreement to add or remove 
260.37  members.  The study is intended as an 
260.38  alternative to community-based 
260.39  planning.  The study is intended to 
260.40  develop information and analysis to 
260.41  provide guidance on such issues as: 
260.42  (1) the development of joint planning 
260.43  agreements to implement a unified 
260.44  growth management strategy; 
260.45  (2) joint service ventures, such as 
260.46  planning or zoning administration in 
260.47  urban fringe areas; 
260.48  (3) orderly growth and annexation 
260.49  agreements between cities and 
260.50  townships; 
260.51  (4) feedlot regulations in urban fringe 
260.52  areas and future growth corridors; 
260.53  (5) service strategies for unsewered 
260.54  subdivisions; 
260.55  (6) other joint ventures for city, 
260.56  county, and township service delivery 
260.57  in fringe areas; 
260.58  (7) feasibility of a rural township 
260.59  taxing district; and 
261.1   (8) alternatives to the current 
261.2   community-based planning legislation 
261.3   that would add flexibility and improve 
261.4   the planning process. 
261.5   The city of Mankato shall report the 
261.6   results of the study to the legislature 
261.7   by January 15, 2002. 
261.8      Sec. 52.  Laws 1999, chapter 250, article 1, section 12, 
261.9   subdivision 8, is amended to read: 
261.10  Subd. 8.  Public Broadcasting 
261.11       3,443,000      3,330,000
261.12  $1,450,000 the first year and 
261.13  $1,450,000 the second year are for 
261.14  matching grants for public television.  
261.15  $600,000 the first year and $600,000 
261.16  the second year are for public 
261.17  television equipment needs.  Equipment 
261.18  grant allocations shall be made after 
261.19  considering the recommendations of the 
261.20  Minnesota public television association.
261.21  $441,000 the first year and $441,000 
261.22  the second year are for grants and for 
261.23  contracts with the senate and house of 
261.24  representatives for public information 
261.25  television, Internet, intranet, and 
261.26  other transmission of legislative 
261.27  activities.  At least one-half must go 
261.28  for programming to be broadcast in 
261.29  transmitted to rural Minnesota. 
261.30  $25,000 the first year and $25,000 the 
261.31  second year are for grants to the Twin 
261.32  Cities regional cable channel. 
261.33  $320,000 the first year and $320,000 
261.34  the second year are for community 
261.35  service grants to public educational 
261.36  radio stations, which must be allocated 
261.37  after considering the recommendations 
261.38  of the Association of Minnesota Public 
261.39  Educational Radio Stations under 
261.40  Minnesota Statutes, section 129D.14.  
261.41  Of this appropriation, $30,000 the 
261.42  first year and $30,000 the second year 
261.43  are for station WTIP-FM in Grand 
261.44  Marais, which need not meet the 
261.45  requirements of Minnesota Statutes, 
261.46  section 129D.14, until July 1, 2002.  
261.47  $494,000 the first year and $494,000 
261.48  the second year are for equipment 
261.49  grants to public radio stations.  These 
261.50  grants must be allocated after 
261.51  considering the recommendations of the 
261.52  Association of Minnesota Public 
261.53  Educational Radio Stations and 
261.54  Minnesota Public Radio, Inc. 
261.55  If an appropriation for either year for 
261.56  grants to public television or radio 
261.57  stations is not sufficient, the 
261.58  appropriation for the other year is 
261.59  available for it. 
262.1      Sec. 53.  Laws 1999, chapter 250, article 1, section 14, 
262.2   subdivision 3, is amended to read: 
262.3   Subd. 3.  Information and 
262.4   Management Services 
262.5       16,643,000      9,932,000
262.6   $100,000 the first year is for a grant 
262.7   to the city of Mankato to complete the 
262.8   Mankato area growth management and 
262.9   planning study, phase 2.  The 
262.10  appropriation is available until June 
262.11  30, 2002.  The appropriation must be 
262.12  matched by an in-kind donation of 
262.13  $100,000 in administrative, technical, 
262.14  and higher educational internship 
262.15  support and supervision.  The value of 
262.16  the in-kind donations must be 
262.17  determined by the commissioner of 
262.18  finance. 
262.19  The city shall serve as fiscal agent to 
262.20  complete the study under the 1997 
262.21  regional planning joint powers 
262.22  agreement among the cities of Mankato, 
262.23  North Mankato, and Eagle Lake; the 
262.24  counties of Nicollet and Blue Earth; 
262.25  and the towns of Mankato, South Bend, 
262.26  Lime, Decoria, and Belgrade, without 
262.27  limitation on the rights of the parties 
262.28  to that agreement to add or remove 
262.29  members.  The study is intended as an 
262.30  alternative to community-based 
262.31  planning.  The study is intended to 
262.32  develop information and analysis to 
262.33  provide guidance on such issues as: 
262.34  (1) the development of joint planning 
262.35  agreements to implement a unified 
262.36  growth management strategy; 
262.37  (2) joint service ventures, such as 
262.38  planning or zoning administration in 
262.39  urban fringe areas; 
262.40  (3) orderly growth and annexation 
262.41  agreements between cities and 
262.42  townships; 
262.43  (4) feedlot regulations in urban fringe 
262.44  areas and future growth corridors; 
262.45  (5) service strategies for unsewered 
262.46  subdivisions; 
262.47  (6) other joint ventures for city, 
262.48  county, and township service delivery 
262.49  in fringe areas; 
262.50  (7) feasibility of a rural township 
262.51  taxing district; and 
262.52  (8) alternatives to the current 
262.53  community-based planning legislation 
262.54  that would add flexibility and improve 
262.55  the planning process. 
262.56  The city of Mankato shall report the 
262.57  results of the study to the legislature 
263.1   by January 15, 2002. 
263.2   $6,839,000 the first year is a one-time 
263.3   appropriation to upgrade the human 
263.4   resources and payroll system and is 
263.5   available until June 30, 2003.  The 
263.6   commissioner shall report on the 
263.7   progress of this project to the chairs 
263.8   of the legislative committees 
263.9   responsible for this budget item by 
263.10  January 15, 2000, 2001, and 2002. 
263.11  The commissioner of finance shall work 
263.12  with the commissioners of employee 
263.13  relations and administration and shall 
263.14  develop as part of the human resource 
263.15  and payroll systems upgrade, and submit 
263.16  to the chairs of the senate 
263.17  governmental operations budget division 
263.18  and the house state government finance 
263.19  committee by January 15, 2000, a 
263.20  long-range plan for the statewide 
263.21  business systems:  human resources, 
263.22  payroll, accounting, and procurement.  
263.23  The plan must detail each system's 
263.24  original development costs, its 
263.25  expected life cycle, the estimated cost 
263.26  of upgrading software to newer versions 
263.27  during its life cycle, its operating 
263.28  costs to date, and the factors that are 
263.29  expected to drive future operating 
263.30  costs within the departments of 
263.31  finance, administration, and employee 
263.32  relations.  The plan must also include 
263.33  an evaluation of and recommendations on 
263.34  whether, for the statewide business 
263.35  systems, the state should use software 
263.36  that is developed and maintained in 
263.37  house; proprietary software, either 
263.38  modified or unmodified; a private 
263.39  vendor; or a particular combination of 
263.40  these options. 
263.41  The commissioner of finance, in 
263.42  consultation with senate and house 
263.43  fiscal staff and the commissioner of 
263.44  administration, shall develop 
263.45  recommendations for inclusion in the 
263.46  governor's fiscal year 2002-2003 budget 
263.47  document on the presentation of 
263.48  internal service funds.  The 
263.49  commissioner of finance shall submit 
263.50  the recommendations to the chairs of 
263.51  the senate governmental operations 
263.52  budget division and the house state 
263.53  government finance committee by January 
263.54  15, 2000. 
263.55  The department shall prepare a separate 
263.56  budget book for the biennium beginning 
263.57  July 1, 2001, containing all of the 
263.58  administration's technology 
263.59  initiatives.  The book must also 
263.60  include a complete inventory of 
263.61  state-owned and leased technology, 
263.62  along with a projected replacement 
263.63  schedule.  The inventory must include 
263.64  information on how the technology fits 
263.65  into the state's master plan. 
263.66     Sec. 54.  Laws 1999, chapter 250, article 1, section 18, is 
264.1   amended to read: 
264.2   Sec. 18.  VETERANS AFFAIRS             5,885,000      4,369,000
264.3   $1,544,000 the first year and 
264.4   $1,544,000 the second year are for 
264.5   emergency financial and medical needs 
264.6   of veterans.  If the appropriation for 
264.7   either year is insufficient, the 
264.8   appropriation for the other year is 
264.9   available for it.  
264.10  $12,000 the first year and $13,000 the 
264.11  second year are one-time funding to 
264.12  provide grants to local veterans' 
264.13  organizations that provide 
264.14  transportation services for veterans to 
264.15  veterans administration medical 
264.16  facilities. 
264.17  The commissioner of veterans affairs, 
264.18  in cooperation with the board of 
264.19  directors of the Minnesota veterans 
264.20  homes and the United States Veterans 
264.21  Administration, shall study the 
264.22  feasibility and desirability of 
264.23  supplementing the missions of the 
264.24  veterans homes and the Veterans 
264.25  Administration hospitals in Minnesota 
264.26  by entering into agreements with health 
264.27  care providers throughout the state to 
264.28  provide free or reduced-cost 
264.29  comprehensive health care to veterans 
264.30  close to their places of residence as a 
264.31  supplement to private health 
264.32  insurance.  The commissioner shall 
264.33  report the results of the study and any 
264.34  recommendations to the legislature by 
264.35  January 15, 2000. 
264.36  With the approval of the commissioner 
264.37  of finance, the commissioner of 
264.38  veterans affairs may transfer the 
264.39  unencumbered balance from the veterans 
264.40  relief program to other department 
264.41  programs during the fiscal year.  
264.42  Before the transfer, the commissioner 
264.43  of veterans affairs shall explain why 
264.44  the unencumbered balance exists.  The 
264.45  amounts transferred must be identified 
264.46  to the chairs of the senate 
264.47  governmental operations budget 
264.48  committee and the house state 
264.49  government finance committee. 
264.50  $275,000 the first year and $275,000 
264.51  the second year are for a grant to the 
264.52  Vinland National Center. 
264.53  $1,485,000 the first year is to make 
264.54  bonus payments authorized under 
264.55  Minnesota Statutes, section 197.79.  
264.56  The appropriation may not be used for 
264.57  administrative purposes.  The 
264.58  appropriation does not expire until the 
264.59  commissioner acts on all applications 
264.60  submitted under Minnesota Statutes, 
264.61  section 197.79. 
264.62  $105,000 the first year is to 
264.63  administer the bonus program 
265.1   established under Minnesota Statutes, 
265.2   section 197.79.  The appropriation does 
265.3   not expire until the commissioner acts 
265.4   on all the applications submitted under 
265.5   Minnesota Statutes, section 197.79. 
265.6   $233,000 the first year and $235,000 
265.7   the second year are for grants to 
265.8   county veterans offices for training of 
265.9   county veterans service officers to 
265.10  enhance their effectiveness. 
265.11     Sec. 55.  [CLARIFICATION; EFFECT ON REPEAL.] 
265.12     Laws 1999, chapter 250, article 3, does not repeal rules or 
265.13  fees in effect on the day before the effective date of Laws 
265.14  1999, chapter 250, article 3. 
265.15     Sec. 56.  [MINNESOTA WORKERS' COMPENSATION ASSIGNED RISK 
265.16  PLAN SURPLUS UTILIZATION.] 
265.17     Subdivision 1.  [EXCESS SURPLUS.] (a) For purposes of this 
265.18  section, "excess surplus" means the amount of the assigned risk 
265.19  plan surplus fund that exceeds the amount necessary to pay all 
265.20  current and future liabilities of the assigned risk plan, 
265.21  including, but not limited to: 
265.22     (1) administrative expenses; 
265.23     (2) benefit claims; and 
265.24     (3) in the event the assigned risk plan is dissolved under 
265.25  Minnesota Statutes, section 79.251, subdivision 8, the amounts 
265.26  that would be due insurers who have paid assessments to the 
265.27  assigned risk plan. 
265.28     (b) On July 1, 2000, and July 1, 2001, the commissioner of 
265.29  commerce shall certify to the commissioner of finance the amount 
265.30  of the assigned risk plan excess surplus and shall direct the 
265.31  transfer of the excess surplus funds as provided in subdivision 
265.32  2.  The transfers are not subject to review under Minnesota 
265.33  Statutes, chapter 14. 
265.34     Subd. 2.  [TRANSFER OF EXCESS SURPLUS FUNDS FOR THE BENEFIT 
265.35  OF THE MINNESOTA COMPREHENSIVE HEALTH ASSOCIATION.] (a) The 
265.36  commissioner of commerce shall direct the transfer of excess 
265.37  surplus funds for the benefit of the Minnesota comprehensive 
265.38  health association according to paragraphs (b) to (d). 
265.39     (b) On July 1, 2000, $65,000,000 must be paid into the 
265.40  state treasury and credited to a separate account within the 
266.1   special revenue fund called the Minnesota comprehensive health 
266.2   association endowment account.  Interest attributable to money 
266.3   in the account must be credited to the Minnesota comprehensive 
266.4   health association endowment account of the special revenue 
266.5   fund.  Money, including interest earned, in the Minnesota 
266.6   comprehensive health association endowment account must be used 
266.7   to fund current and future deficits of the Minnesota 
266.8   comprehensive health association.  Except as otherwise provided 
266.9   in subdivision 3, $5,200,000 is appropriated from the endowment 
266.10  account to the commissioner of commerce on January 15, 2001, and 
266.11  on January 15 annually thereafter, and disbursed to the 
266.12  association for the purpose of reducing its operating deficit.  
266.13  The payments made under this paragraph must be made first from 
266.14  the interest earned by the endowment, and if the interest is not 
266.15  sufficient, then from the endowment principal, until the 
266.16  endowment is exhausted. 
266.17     (c) On January 15, 2001, $15,000,000 must be paid to the 
266.18  state treasury and credited to the general fund and $15,000,000 
266.19  is appropriated from the general fund to the commissioner of 
266.20  commerce for disbursement to the association for the exclusive 
266.21  purpose of reducing its operating deficit assessment for 
266.22  calendar year 2001. 
266.23     (d) On January 15, 2002: 
266.24     (1) $15,000,000 must be paid to the state treasury and 
266.25  credited to the general fund; and 
266.26     (2) $15,000,000 is appropriated from the general fund to 
266.27  the commissioner of commerce for disbursement to the association 
266.28  for the exclusive purpose of reducing its operating deficit 
266.29  assessment for calendar year 2002.  
266.30     Subd. 3.  [RESTRICTIONS ON TRANSFER OF MINNESOTA WORKERS' 
266.31  COMPENSATION PLAN ASSIGNED RISK PROGRAM EXCESS SURPLUS.] Thirty 
266.32  days before each annual scheduled appropriation of $5,200,000 
266.33  from the Minnesota comprehensive health association endowment 
266.34  account to the association as set forth in subdivision 2, 
266.35  paragraph (b), the commissioner of commerce, in consultation 
266.36  with the commissioner of health, must determine whether the 
267.1   association has made satisfactory progress in attaining and 
267.2   maintaining the cost containment goals of the association.  If 
267.3   the commissioner of commerce determines that satisfactory 
267.4   progress has not been achieved, the scheduled appropriation for 
267.5   the Minnesota comprehensive health association endowment account 
267.6   to the association must not be made.  The determination of the 
267.7   commissioner of commerce is not subject to review under 
267.8   Minnesota Statutes, chapter 14.  
267.9      Sec. 57.  [STUDY OF LEGISLATIVE PROCEDURES.] 
267.10     The legislative coordinating commission shall study and 
267.11  report to the legislature by December 15, 2000, its 
267.12  recommendations on how to streamline the bill introduction 
267.13  process.  The study must consider the possibility of limiting 
267.14  the number of bills a member may introduce, removing limits on 
267.15  the number of authors of a bill, reducing the number of 
267.16  identical or similar bills introduced, and merging bills on 
267.17  similar topics early in the legislative process. 
267.18     Sec. 58.  [BASE ADJUSTMENTS PROHIBITED.] 
267.19     If a capital project authorized by the 2000 legislature 
267.20  causes a change in operating costs for a state agency, the 
267.21  commissioner of finance shall not treat that change as a base 
267.22  adjustment in the agency's budget for fiscal years 2002 and 2003.
267.23     Sec. 59.  [ALLOCATION OF COSTS OF CERTAIN BOUNDARY 
267.24  ADJUSTMENT MATTERS.] 
267.25     Except as otherwise provided in an agreement among the 
267.26  parties to a boundary dispute, up to $35,000 of the costs of any 
267.27  boundary adjustment matter commenced involving a city, town, and 
267.28  independent school district before June 1, 1999, that is 
267.29  concluded after that date under an alternative dispute 
267.30  resolution process as directed by the director of the office of 
267.31  strategic and long-range planning, must be allocated as provided 
267.32  in law and rule before the abolition of the Minnesota municipal 
267.33  board.  The maximum total amount the parties may be charged by 
267.34  the office of strategic and long-range planning, the office of 
267.35  administrative hearings, or as part of an arbitration is no more 
267.36  than the Minnesota municipal board could have charged if the 
268.1   matter had been heard and decided by the board.  Costs that 
268.2   exceed what the municipal board could have charged must be paid 
268.3   by the office of strategic and long-range planning. 
268.4      Sec. 60.  [REVISOR'S INSTRUCTION.] 
268.5      The revisor shall substitute "technology policy bureau" for 
268.6   "office of technology" in Minnesota Statutes, sections 16B.335, 
268.7   16B.42, 125B.21, 136F.59, 138.17, and 221.173. 
268.8      Sec. 61.  [REPEALER.] 
268.9      Laws 1999, chapter 250, article 1, section 15, subdivision 
268.10  4, is repealed. 
268.11     Sec. 62.  [EFFECTIVE DATE.] 
268.12     Except as otherwise provided in this article, this article 
268.13  is effective the day following final enactment. 
268.14                             ARTICLE 11
268.15                          INFORMED CONSENT
268.16     Section 1.  [145.4241] [DEFINITIONS.] 
268.17     Subdivision 1.  [APPLICABILITY.] As used in sections 
268.18  145.4241 to 145.4246, the following terms have the meaning given 
268.19  them. 
268.20     Subd. 2.  [MEDICAL EMERGENCY.] "Medical emergency" means 
268.21  any condition that, on the basis of the physician's good faith 
268.22  clinical judgment, complicates the medical condition of a 
268.23  pregnant female to the extent that: 
268.24     (1) an immediate abortion of her pregnancy is necessary to 
268.25  avert her death; or 
268.26     (2) a 24-hour delay in performing an abortion creates a 
268.27  serious risk of substantial and irreversible impairment of a 
268.28  major bodily function.  
268.29     Subd. 3.  [PHYSICIAN.] "Physician" means a person licensed 
268.30  under chapter 147. 
268.31     Subd. 4.  [PROBABLE GESTATIONAL AGE OF THE EMBRYO OR 
268.32  FETUS.] "Probable gestational age of the embryo or fetus" means 
268.33  what, in the judgment of the physician based upon the 
268.34  physician's examination and the woman's medical history, is with 
268.35  reasonable probability the gestational age of the embryo or 
268.36  fetus at the time the abortion is planned to be performed. 
269.1      Sec. 2.  [145.4242] [INFORMED CONSENT.] 
269.2      Subdivision 1.  [REQUIREMENTS FOR INFORMED CONSENT.] (a) 
269.3   Except in the case of a medical emergency or when an abortion is 
269.4   performed pursuant to a court order, and in addition to any 
269.5   other consent required by the laws of this state, no abortion 
269.6   shall be performed unless the woman is informed by the physician 
269.7   who is to perform the abortion or the physician's agent of the 
269.8   following: 
269.9      (1) the probable gestational age of the embryo or fetus at 
269.10  the time the abortion is to be performed; 
269.11     (2) the type of procedure to be used and the medical risks 
269.12  associated with that procedure; 
269.13     (3) the medical risks associated with carrying the fetus to 
269.14  term; and 
269.15     (4) that the woman has the right to review printed 
269.16  materials prepared by the state, which: 
269.17     (i) describe fetal development; 
269.18     (ii) list agencies that offer alternatives to abortion and 
269.19  services to assist a woman through pregnancy and while the child 
269.20  is dependent; 
269.21     (iii) describe medical assistance benefits that may be 
269.22  available for prenatal care, childbirth, and neonatal care; and 
269.23     (iv) describe mechanisms available for obtaining child 
269.24  support payments.  
269.25     (b) This information may be provided by telephone without 
269.26  conducting a physical examination or tests on the woman in which 
269.27  case the information required to be provided may be based on 
269.28  facts supplied by the woman and other relevant information as 
269.29  reasonably available to the physician or the physician's agent.  
269.30     Subd. 2.  [CERTIFICATION.] Before an abortion is performed, 
269.31  the woman must certify in writing that: 
269.32     (1) she has been provided with the information described in 
269.33  subdivision 1; 
269.34     (2) she has had an opportunity to review the printed 
269.35  materials described in section 145.4243; and 
269.36     (3) she has had the opportunity to ask questions about the 
270.1   materials and the procedure to be performed.  
270.2      Subd. 3.  [INFORMATION NOT LIMITED.] Nothing in this 
270.3   section shall limit the information that may be provided by the 
270.4   physician who is to perform the abortion or by the physician's 
270.5   agent to the woman on whom the abortion is to be performed. 
270.6      Subd. 4.  [WAITING PERIOD.] (a) If a woman chooses to 
270.7   review the printed materials described in section 145.4243, the 
270.8   abortion shall not be performed sooner than 24 hours after the 
270.9   woman receives the printed materials.  
270.10     (b) If the clinic or other health care facility where the 
270.11  abortion is to be performed mails the printed materials 
270.12  described in section 145.4243 to the woman on whom the abortion 
270.13  is to be performed, or the woman obtains the information at a 
270.14  county health department, the woman must certify in writing, 
270.15  before the abortion is performed, that she received the printed 
270.16  materials more than 24 hours before the abortion is scheduled to 
270.17  be performed.  
270.18     Subd. 5.  [MENTALLY INCOMPETENT.] If a woman on whom an 
270.19  abortion is to be performed has been adjudicated as mentally 
270.20  incompetent by a court of competent jurisdiction, the 
270.21  information described in subdivision 1, clauses (1) to (4), must 
270.22  be offered to her spouse if the woman is married, or to her 
270.23  parent, legal guardian, or conservator if the woman is not 
270.24  married.  The spouse, parent, legal guardian, or conservator who 
270.25  receives the information must sign the certification required in 
270.26  subdivision 2. 
270.27     Subd. 6.  [MAINTENANCE OF RECORDS.] For three years after 
270.28  an abortion is performed, the clinic or other health care 
270.29  facility at which the abortion is performed must maintain the 
270.30  woman's signed certification required under subdivision 2 or, in 
270.31  the case of a mentally incompetent woman, the signed 
270.32  certification of the woman's parent, legal guardian, or 
270.33  conservator. 
270.34     Sec. 3.  [145.4243] [PRINTED INFORMATION.] 
270.35     Subdivision 1.  [CONTENT OF MATERIALS.] (a) By January 1, 
270.36  2002, the commissioner of health shall develop the following 
271.1   printed materials: 
271.2      (1) geographically indexed materials designed to inform the 
271.3   woman of public and private agencies and services available to 
271.4   assist a woman through pregnancy, upon childbirth, and while the 
271.5   child is dependent, including adoption agencies.  These 
271.6   materials must include a comprehensive list of the agencies 
271.7   available, a description of the services they offer, and a 
271.8   description of the manner in which they may be contacted, 
271.9   including telephone numbers.  At the option of the commissioner, 
271.10  this information may be provided through a toll-free, 
271.11  24-hour-a-day number that may be called to obtain a list and 
271.12  description of the agencies and services available within the 
271.13  locality of the caller; 
271.14     (2) materials designed to inform the woman of the probable 
271.15  anatomical and physiological characteristics of the embryo or 
271.16  fetus at the probable gestational age of the embryo or fetus of 
271.17  the woman.  The materials must be objective, nonjudgmental, and 
271.18  designed to convey only accurate scientific information about 
271.19  the embryo or fetus at the various gestational ages; 
271.20     (3) materials designed to inform the woman that medical 
271.21  assistance benefits may be available for prenatal care, 
271.22  childbirth, and neonatal care by providing the names, addresses, 
271.23  and phone numbers of appropriate agencies that provide or have 
271.24  information on these benefits; and 
271.25     (4) materials designed to inform the woman of the 
271.26  mechanisms available for obtaining child support payments. 
271.27     (b) The development of these printed materials described in 
271.28  this subdivision is not subject to rulemaking under chapter 14.  
271.29     Subd. 2.  [FORM, AVAILABILITY OF MATERIALS.] The materials 
271.30  described in this section must be easily comprehensible, printed 
271.31  in a typeface large enough to be clearly legible, and must be 
271.32  printed in every language that is the primary language of one 
271.33  percent or more of the residents in the state.  The commissioner 
271.34  of health must make the materials available upon request for 
271.35  duplication by any person, facility, or hospital.  The materials 
271.36  described in this section may also be made available by the 
272.1   commissioner of health through a secure Web site on the Internet.
272.2      Sec. 4.  Minnesota Statutes 1998, section 145.412, 
272.3   subdivision 1, is amended to read: 
272.4      Subdivision 1.  [REQUIREMENTS.] It shall be unlawful to 
272.5   willfully perform an abortion unless the abortion is performed: 
272.6      (1) by a physician licensed to practice medicine pursuant 
272.7   to chapter 147, or a physician in training under the supervision 
272.8   of a licensed physician; 
272.9      (2) in a hospital or abortion facility if the abortion is 
272.10  performed after the first trimester; 
272.11     (3) in a manner consistent with the lawful rules 
272.12  promulgated by the state commissioner of health; and 
272.13     (4) with the consent of the woman submitting to the 
272.14  abortion after a full explanation of the procedure and effect of 
272.15  the abortion, and upon compliance with sections 145.4241 to 
272.16  145.4243.  
272.17     Sec. 5.  [145.928] [HEALTHY WOMEN CAMPAIGN.] 
272.18     Subdivision 1.  [ESTABLISHMENT.] The commissioner shall 
272.19  establish and maintain a statewide toll-free telephone number 
272.20  available seven days a week to provide information and referrals 
272.21  to local community resources to assist women and families 
272.22  through pregnancy, childbirth, and while the child is dependent. 
272.23     Subd. 2.  [INFORMATION.] The toll-free telephone number 
272.24  must provide information and assistance in accessing community 
272.25  resources on the following topics:  
272.26     (1) family planning; 
272.27     (2) prenatal care, including the need for an initial risk 
272.28  screening and assessment; 
272.29     (3) adoption; 
272.30     (4) health education, including the importance of good 
272.31  nutrition during pregnancy and the risks associated with alcohol 
272.32  and tobacco use during pregnancy; 
272.33     (5) available social services, including medical assistance 
272.34  benefits for prenatal care, childbirth, and neonatal care; 
272.35     (6) legal assistance in obtaining child support; and 
272.36     (7) community support services and other resources to 
273.1   enhance family strengths and reduce the possibility of family 
273.2   violence. 
273.3      Subd. 3.  [WEB SITE.] The commissioner shall design and 
273.4   maintain a secure Web site to provide the information described 
273.5   under subdivision 2.  The Web site shall provide the toll-free 
273.6   information and referral telephone number described under 
273.7   subdivision 1.  
273.8      Subd. 4.  [NONPROFIT ENTITY.] The commissioner may contract 
273.9   with a nonprofit entity to establish and maintain the toll-free 
273.10  telephone number described in subdivision 1 or to design the Web 
273.11  site described in subdivision 3. 
273.12     Sec. 6.  [APPROPRIATION.] 
273.13     $167,000 is appropriated from the general fund to the 
273.14  commissioner of health in fiscal year 2001 to provide the 
273.15  information as specified in Minnesota Statutes, section 
273.16  145.4243.  Of this appropriation, $15,000 shall be considered 
273.17  one-time funding and shall not become part of the base level 
273.18  funding for the 2002-2003 biennium.
Minnesota House of Representatives · 100 Rev. Dr. Martin Luther King Jr. Blvd. Saint Paul, MN 55155 · Webmaster@house.mn
HF 2699

Bill Text Versions
