1st Unofficial Engrossment - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am
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,andhepatitis 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,andhaemophilus 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 iscontraindicatednot 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;andno 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;andno 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;andno 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 tosections 125A.05 and 125A.06section 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 insectionssection 19.35 125A.03to 125A.24 and 125A.65, excluding a child being provided 19.36 services according to section 125A.05,paragraph (c), or20.1125A.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 the20.211996-1997 school term, the statement must indicate that the20.22person has received a dose of tetanus and diphtheria toxoid no20.23earlier than 11 years of age.20.24(b) Except as specified in paragraph (e), for persons20.25enrolled in grades 7, 8, and 12 during the 1997-1998 school20.26term, the statement must indicate that the person has received a20.27dose of tetanus and diphtheria toxoid no earlier than 11 years20.28of age.20.29(c)(b) Except as specified in paragraph(e)(d), for 20.30 persons enrolled in grades 7 through 12during the 1998-199920.31school 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 12during20.35the 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. 21.27Marriage and family therapists may not be reimbursed under21.28medical assistance, chapter 256B, except to the extent such care21.29is reimbursed under section 256B.0625, subdivision 5, or when21.30marriage and family therapists are employed by a managed care21.31organization with a contract to provide mental health care to21.32medical assistance enrollees, and are reimbursed through the21.33managed 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. 23.28EFFECTIVE 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) "Qualifiedsenior citizenindividual" means an 24.4 individualage 65 or olderwho:meets the requirements described 24.5 in subdivision 2a. 24.6(1) is eligible as a qualified Medicare beneficiary24.7according to section 256B.057, subdivision 3 or 3a, or is24.8eligible under section 256B.057, subdivision 3 or 3a, and is24.9also eligible for medical assistance or general assistance24.10medical care with a spenddown as defined in section 256B.056,24.11subdivision 5. Persons who are determined eligible for medical24.12assistance according to section 256B.0575, who are eligible for24.13medical assistance or general assistance medical care without a24.14spenddown, or who are enrolled in MinnesotaCare, are not24.15eligible for this program;24.16(2) is not enrolled in prescription drug coverage under a24.17health plan;24.18(3) is not enrolled in prescription drug coverage under a24.19Medicare supplement plan, as defined in sections 62A.31 to24.2062A.44, or policies, contracts, or certificates that supplement24.21Medicare issued by health maintenance organizations or those24.22policies, contracts, or certificates governed by section 1833 or24.231876 of the federal Social Security Act, United States Code,24.24title 42, section 1395, et seq., as amended;24.25(4) has not had coverage described in clauses (2) and (3)24.26for at least four months prior to application for the program;24.27and24.28(5) is a permanent resident of Minnesota as defined in24.29section 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. 30.7EFFECTIVE 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 than8991 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" forfarm and32.3 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. 32.19EFFECTIVE 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. 33.1EFFECTIVE 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). 34.10EFFECTIVE 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. 34.36EFFECTIVE 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;or43.34 (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 HOUSINGON-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 areas46.1which can be used for activities and for serving meals. 46.2 (b) [CONGREGATE HOUSINGON-SITE COORDINATION SERVICES 46.3 PROJECTS.] "Congregate housingOn-site coordination services 46.4 project" means a project in which services are or could be made 46.5 available toolderpersons age 60 or older who live 46.6 insubsidized housinga designated service area and which helps 46.7delay or prevent nursing home placementthem remain 46.8 independent. To be considereda congregate housingan 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 participantin needwho 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 abuilding or buildingsdesignated 46.16 service area and who serves as a contact for older persons who 46.17 need services, support, and assistance in order todelay or46.18prevent nursing home placementhelp them remain independent. 46.19 (d) [CONGREGATE HOUSINGON-SITE COORDINATION SERVICES 46.20 PROJECT PARTICIPANTS OR PROJECT PARTICIPANTS.] "Congregate46.21housingOn-site coordination services project participants" or 46.22 "project participants" means elderly persons6060 years old or 46.23 older,who are currently residents of,or who areapplying for46.24residence 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.] TheMinnesota board on aging46.33 commissioner shall establisha congregate housingan on-site 46.34 coordination services grant programwhichthat 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 serveas a contact forolder 47.4 persons who need services and support,andor need assistanceto47.5accessin 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 47.13congregate housingon-site coordination services to an 47.14 identified population of frail elderly persons in asubsidized47.15multiunit apartment building or buildings in a47.16communitydesignated service area. Theboardcommissioner 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 matchmayshall be required. State money 47.20 received may also be used to match federal money allocated 47.21 forcongregate housingon-site coordination services. Grants 47.22 shall be awarded to urban and rural sites. 47.23 Subd. 6. [CRITERIA FOR SELECTION.] TheMinnesota board on47.24agingcommissioner 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 48.5involvementcoordination ofhousing providerscommunity 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.] TheMinnesota board on48.14agingcommissioner 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 forcongregateon-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 48.32work withcollaborate and coordinate with the agency requesting 48.33 a grant. 48.34 Subd. 8. [REPORT.]By January 1, 1993, the Minnesota board48.35on aging shall submit a report to the legislature evaluating the48.36programs. The report must document the project costs and49.1outcomes that helped delay or prevent nursing home placement.49.2The report must describe steps taken for quality assurance and49.3must also include recommendations based on the project49.4findings.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 51.22or, 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 orientationand, 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 65.52is a one-timeappropriationandshall 65.53notbecome 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 bythree66.56 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 isrecovered from any source for assistance71.27givencollected and posted by a county agency under the 71.28 provisions governing public assistance programs includingthe71.29aid to families with dependent children program formerly71.30codified 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 taxrefundoffset 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). 73.1EFFECTIVE 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. 73.12Beginning July 1, 2000, the Minnesota food assistance73.13program is limited to those noncitizens described in this73.14subdivision 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;and74.4 (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. 74.11EFFECTIVE 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. 74.24EFFECTIVE 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. 74.35EFFECTIVE 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. 75.12EFFECTIVE 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;and79.6 (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. 79.10EFFECTIVE 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 receivedor80.4anticipated to be receivedby 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 income81.2received or anticipated to be received by an assistance unit to81.3determine the assistance payment amount from the month of81.4application through the date in which MFIP eligibility is81.5determined and assistance is authorized. Child support income81.6which has been budgeted to determine the assistance payment in81.7the initial two months is considered nonrecurring income. An81.8assistance unit must forward any payment of child support to the81.9child support enforcement unit of the county agency following81.10the 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. 81.29Supplementary assistance payments due to a significant change in81.30the amount of direct support received must not be made after the81.31date the assistance unit is required to forward support to the81.32child support enforcement unit under subdivision 1, paragraph81.33(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 shall82.7count $100 of the value of public and assisted rental subsidies82.8provided through the Department of Housing and Urban Development82.9(HUD) as unearned income. The full amount of the subsidy must82.10be counted as unearned income when the subsidy is less than $100.82.11(c) The provisions of paragraph (b) shall not apply to MFIP82.12participants who are exempt from the employment and training82.13services component because they are:82.14(i) individuals who are age 60 or older;82.15(ii) individuals who are suffering from a professionally82.16certified permanent or temporary illness, injury, or incapacity82.17which is expected to continue for more than 30 days and which82.18prevents the person from obtaining or retaining employment; or82.19(iii) caregivers whose presence in the home is required82.20because of the professionally certified illness or incapacity of82.21another member in the assistance unit, a relative in the82.22household, or a foster child in the household.82.23(d) The provisions of paragraph (b) shall not apply to an82.24MFIP assistance unit where the parental caregiver receives82.25supplemental 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 every3612 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 below140200 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 subdivision34. 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 amedical condition90.24 mental health or chemical abuse problem. The job counselormay90.25 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 apost-secondary education or training program to be an approved94.19activity in a participant's employment planparticipant 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;or95.29 (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 theeffective99.12datesdate 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. 99.23EFFECTIVE 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. 100.1EFFECTIVE 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 theservice provided, including thatportion 100.8 of thepaymentservices 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 to100.11provide matching funds or pay part of the costs of the service,100.12as long as the rate charged for the service does not exceed100.13medical assistance limits that apply to all medical assistance100.14providers.100.15EFFECTIVE 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. 100.22EFFECTIVE 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. 100.30EFFECTIVE 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 theaccounttobacco 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. 101.5EFFECTIVE 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. 102.6EFFECTIVE 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)athe 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 payments105.6provided under sections 256D.01 to 256D.21 and 261.23 in order105.7to remain within the amount appropriated for general assistance105.8medical care, within the following restrictions:105.9(i) For the period July 1, 1985 to December 31, 1985,105.10reductions below the cost per service unit allowable under105.11section 256.966, are permitted only as follows: payments for105.12inpatient and outpatient hospital care provided in response to a105.13primary diagnosis of chemical dependency or mental illness may105.14be reduced no more than 30 percent; payments for all other105.15inpatient hospital care may be reduced no more than 20 percent.105.16Reductions below the payments allowable under general assistance105.17medical care for the remaining general assistance medical care105.18services allowable under this subdivision may be reduced no more105.19than ten percent.105.20(ii) For the period January 1, 1986 to December 31, 1986,105.21reductions below the cost per service unit allowable under105.22section 256.966 are permitted only as follows: payments for105.23inpatient and outpatient hospital care provided in response to a105.24primary diagnosis of chemical dependency or mental illness may105.25be reduced no more than 20 percent; payments for all other105.26inpatient hospital care may be reduced no more than 15 percent.105.27Reductions below the payments allowable under general assistance105.28medical care for the remaining general assistance medical care105.29services allowable under this subdivision may be reduced no more105.30than five percent.105.31(iii) For the period January 1, 1987 to June 30, 1987,105.32reductions below the cost per service unit allowable under105.33section 256.966 are permitted only as follows: payments for105.34inpatient and outpatient hospital care provided in response to a105.35primary diagnosis of chemical dependency or mental illness may105.36be reduced no more than 15 percent; payments for all other106.1inpatient hospital care may be reduced no more than ten106.2percent. Reductions below the payments allowable under medical106.3assistance for the remaining general assistance medical care106.4services allowable under this subdivision may be reduced no more106.5than five percent.106.6(iv) For the period July 1, 1987 to June 30, 1988,106.7reductions below the cost per service unit allowable under106.8section 256.966 are permitted only as follows: payments for106.9inpatient and outpatient hospital care provided in response to a106.10primary diagnosis of chemical dependency or mental illness may106.11be reduced no more than 15 percent; payments for all other106.12inpatient hospital care may be reduced no more than five percent.106.13Reductions below the payments allowable under medical assistance106.14for the remaining general assistance medical care services106.15allowable under this subdivision may be reduced no more than106.16five percent.106.17(v) For the period July 1, 1988 to June 30, 1989,106.18reductions below the cost per service unit allowable under106.19section 256.966 are permitted only as follows: payments for106.20inpatient and outpatient hospital care provided in response to a106.21primary diagnosis of chemical dependency or mental illness may106.22be reduced no more than 15 percent; payments for all other106.23inpatient hospital care may not be reduced. Reductions below106.24the payments allowable under medical assistance for the106.25remaining general assistance medical care services allowable106.26under 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. 107.9EFFECTIVE 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. 107.23EFFECTIVE 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. 109.48EFFECTIVE 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, section3943. 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, section15.17115.36 157.17. 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). 116.3EFFECTIVE 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,and97, paragraph (d), and 98, 116.9 paragraph (d), are effective July 1, 2000. 116.10 (b) Section 56 is effective upon federal approval. 116.11EFFECTIVE 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. 116.18EFFECTIVE 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 nonprofittrainingeducational 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 nonprofittrainingeducational 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)$ 50135.21 $ 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)50135.25 500 135.26 (c) employment of minors under the age of 16 135.27 before 7:00 a.m. (each employee)50135.28 500 135.29 (d) employment of minors under the age of 16 135.30 after 9:00 p.m. (each employee)50135.31 500 135.32 (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)100135.35 1,000 135.36 (f) employment of minors under the age of 16 136.1 over eight hours a day (each employee)50136.2 500 136.3 (g) employment of minors under the age of 16 136.4 over 40 hours a week (each employee)50136.5 500 136.6 (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)100136.10 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)100136.15 1,000 136.16 (j) minors under the age of 18 injured in 136.17 hazardous employment (each employee)500136.18 5,000 136.19 (k) minors employed without proof of age 136.20 (each employee)25136.21 250 136.22 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 repealedJune 30136.28 March 15,20002001. 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 beforeJanuary 1December 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 allocated138.12annuallya 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 151.39within any crosswalkat an intersectionbutwith 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 152.2any unmarked crosswalk atan 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 orwithin an unmarked crosswalkat 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 jurisdictionsforone-half theactualper 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 shallannuallydeterminecosts, making155.10necessary adjustments to reflect the actual costs of confinement155.11 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 statewho, in the opinion of the commissioner,156.8may benefit from the programs available thereator 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,shallmay receiveand157.10keep until they reach 19 years of age, or until placed in homes,157.11or discharged, all persons committed to the commissioner's care157.12and custody by a juvenile courtjuvenile 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,theypersons 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 maintainedat the157.25expense of the stateby 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 AGE1618.] 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 of16166.6 18 years to practice prostitution; 166.7 (2) promotes the prostitution of an individual under the 166.8 age of1618 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 of1618 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 counselappointed by the court for an indigent166.16defendant, orrepresenting 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 safetyand to175.45distribute or otherwise make available175.46a computer-controlled driving simulator175.47to local or state law enforcement175.48agencies or POST-certified skills175.49programs selected by the commissioner175.50of public safety. 175.51 Before any decisions are made on which 175.52 law enforcement agencies will receive 175.53 tire deflatorsor the driving175.54simulator, 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. 176.13Law enforcement agencies or176.14POST-certified skills programs that176.15receive a computer-controlled driving176.16simulator under this section must:176.17(1) provide necessary training to their176.18employees in emergency vehicle176.19operations and in the conduct of police176.20pursuits;176.21(2) provide a five-year plan for176.22maintaining the hardware necessary to176.23operate the driving simulator;176.24(3) provide a five-year plan to update176.25software necessary to operate the176.26driving simulator;176.27(4) provide a plan to make the driving176.28simulator available at a reasonable176.29cost and with reasonable availability176.30to other law enforcement agencies to176.31train their officers; and176.32(5) provide an estimate of the176.33availability of the driving simulator176.34for use by other law enforcement176.35agencies.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 deflatorsand the176.42driving simulator distributed under176.43this 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 agenciesand for the178.3purchase of a computer-controlled178.4driving 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;and189.8 (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 30,20002002. 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,ANDRICE, 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 rowand, area J, the polo grounds, the adjacent golf 198.18 course, andresidential, storage and serviceall buildings and 198.19 improvements located thereon, all lying within an area bounded 198.20 by Minneapolis-St. Paul International Airport, trunkhighway198.21 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;and200.3 (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 obtainaan 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;and221.23 (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 grantsfor222.43cost-sharing contractsfor water 222.44 quality management on feedlots. 222.45Priority must be given to feedlot222.46operators who have received notices of222.47violation and for feedlots in counties222.48that are conducting or have completed a222.49level 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 eligiblein a quarter223.39 exceeds the amountavailable for223.40paymentsremaining 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 theethanol development223.54account for producer payments under223.55Minnesota Statutes, section223.5641B.09general 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 4,130,000 226.44Special RevenueAgricultural 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 was235.9advanced must pay interest on the cash advance at a rate235.10comparable to the rate earned by the state on invested235.11treasurer's cash, as determined monthly by the commissioner. An235.12amount necessary to pay the interest is appropriated from the235.13nongeneral 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 balances236.29that are unencumbered or otherwise not obligated that are236.30reported by the commissioner under this subdivision are236.31canceled, effective July 1 of the year of the report, unless236.32specifically 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,the237.18governor may authorizethe commissioner may (1)toissue 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)to237.22 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, thegovernorcommissioner 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 OFTECHNOLOGY POLICY BUREAU.] 240.32 Subdivision 1. [PURPOSE.] Theoffice oftechnology 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 Theofficebureau shall provide leadership and direction for 240.36 information and communications technology policy in Minnesota. 241.1 Theofficebureau 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.] Theofficebureau 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 theofficebureau 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.] Theofficebureau 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. [OFFICEBUREAU 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 theofficebureau 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.] Theofficebureau 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. Theoffice243.32 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, theofficebureau shall carry out 244.2 the duties set out in this subdivision. 244.3 (b) Theofficebureau 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) Theofficebureau 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) Theofficebureau 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) Theofficebureau 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 theofficebureau determines that the agency 244.36 purchasing the equipment has special needs justifying the 245.1 inconsistency. 245.2 (f) Theofficebureau 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 theofficebureau. 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. Theofficebureau, in consultation with the 245.11intergovernmental information systems advisory council and the245.12 legislative reference library, shall recommend specific 245.13 standards and guidelines for each state agency within a time 245.14 period fixed by theofficebureau 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) Theofficebureau 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 Theofficebureau must report the results of its review to the 245.32 legislature and the governor. 245.33 (h) Theofficebureau 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.] Theofficebureau, 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 theofficebureau 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 theoffice246.25 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 theofficebureau 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.] Theofficebureau 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 theofficebureau. 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.] Theofficebureau 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. Theofficebureau 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 theofficebureau; 248.3 (3) gifts, donations, and bequests made to theoffice248.4 bureau; and 248.5 (4) other money credited to the account by law. 248.6 Money in the account is appropriated to theofficebureau 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.] Theofficebureau 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.] Theoffice248.16 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.] Theofficebureau 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.] Theoffice248.34 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 Theofficetechnology 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. Theofficetechnology 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. Theoffice249.25 technology policy bureau shall integrate the system with the 249.26 North Star online information system. Theofficetechnology 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 madein four equal installments, occurring on250.13March 15, July 15,September 15, and November 15annually. 250.14 (c) The annual state contribution under this subdivision 250.15 may not exceed$10,455,000 through fiscal year 1998 and250.16 $9,000,000beginning 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 financeupon250.35request of the governorshall 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 financeon request of the governorshall 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 financeon request of the governor251.18 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 financeon request of the governorshall 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 the252.11governor,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 financeon request of the governorshall 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 financeon253.1request of the governorshall 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 the253.19governor,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, on254.6request 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 the255.4governor,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 the255.35governor,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 forpublic information261.25 television, Internet, intranet, and 261.26 other transmission of legislative 261.27 activities. At least one-half must go 261.28 for programming to bebroadcast in261.29 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 grant262.7to the city of Mankato to complete the262.8Mankato area growth management and262.9planning study, phase 2. The262.10appropriation is available until June262.1130, 2002. The appropriation must be262.12matched by an in-kind donation of262.13$100,000 in administrative, technical,262.14and higher educational internship262.15support and supervision. The value of262.16the in-kind donations must be262.17determined by the commissioner of262.18finance.262.19The city shall serve as fiscal agent to262.20complete the study under the 1997262.21regional planning joint powers262.22agreement among the cities of Mankato,262.23North Mankato, and Eagle Lake; the262.24counties of Nicollet and Blue Earth;262.25and the towns of Mankato, South Bend,262.26Lime, Decoria, and Belgrade, without262.27limitation on the rights of the parties262.28to that agreement to add or remove262.29members. The study is intended as an262.30alternative to community-based262.31planning. The study is intended to262.32develop information and analysis to262.33provide guidance on such issues as:262.34(1) the development of joint planning262.35agreements to implement a unified262.36growth management strategy;262.37(2) joint service ventures, such as262.38planning or zoning administration in262.39urban fringe areas;262.40(3) orderly growth and annexation262.41agreements between cities and262.42townships;262.43(4) feedlot regulations in urban fringe262.44areas and future growth corridors;262.45(5) service strategies for unsewered262.46subdivisions;262.47(6) other joint ventures for city,262.48county, and township service delivery262.49in fringe areas;262.50(7) feasibility of a rural township262.51taxing district; and262.52(8) alternatives to the current262.53community-based planning legislation262.54that would add flexibility and improve262.55the planning process.262.56The city of Mankato shall report the262.57results of the study to the legislature263.1by 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 officesfor training of265.9county veterans service officersto 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.