Minnesota Legislature
HF 3
as introduced - 83rd Legislature, 2003 1st Special Session (2003 - 2003) Posted on 12/15/2009 12:00am
KEY: stricken = removed, old language.
underscored = added, new language.
1.1 A bill for an act 1.2 relating to appropriations; appropriating money, 1.3 authorizing bonding, and transferring or canceling 1.4 appropriations made for fiscal year 2003; making 1.5 conforming changes; amending Minnesota Statutes 2002, 1.6 sections 16B.27, subdivision 3; 127A.45, subdivision 1.7 7a; 299A.42; 299A.44, subdivision 1; 299A.465, 1.8 subdivision 4; Laws 2001, First Special Session 1.9 chapter 9, article 17, section 10, subdivision 1. 1.10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.11 ARTICLE 1 1.12 TRANSPORTATION 1.13 Section 1. [TRANSPORTATION APPROPRIATIONS AND TRANSFERS.] 1.14 The dollar amounts in the columns under "APPROPRIATION 1.15 CHANGE" are added to or, if shown in parentheses, are subtracted 1.16 from the appropriations in Laws 2001, First Special Session 1.17 chapter 8, as amended, or other law to the specified agencies. 1.18 The appropriations are from the general fund or other named fund 1.19 and are available for the fiscal years indicated for each 1.20 purpose. The figure "2003" means that the addition to or 1.21 subtraction from the appropriations listed under the figure is 1.22 for the fiscal year ending June 30, 2003. 1.23 2003 1.24 TRANSFERS FROM OTHER FUNDS $ 15,000,000 1.25 CANCELLATIONS - GENERAL FUND (110,000,000) 1.26 TRUNK HIGHWAY BOND PROCEEDS 1.27 ACCOUNT - TRUNK HIGHWAY FUND 110,110,000 1.28 APPROPRIATION CHANGE 2.1 Sec. 2. TRANSPORTATION 110,000,000 2.2 This appropriation is from the trunk 2.3 highway bond proceeds account in the 2.4 trunk highway fund and is available for 2.5 expenditure beginning the day following 2.6 final enactment. It is for the same 2.7 purposes as specified in Laws 2000, 2.8 chapter 479, article 1, section 2, 2.9 subdivision 3. 2.10 Of the general fund appropriation in 2.11 Laws 2000, chapter 479, article 1, 2.12 section 2, subdivision 3, $110,000,000 2.13 cancels to the general fund. This 2.14 cancellation is effective the day 2.15 following final enactment. 2.16 By June 30, 2003, the commissioner of 2.17 finance shall transfer $15,000,000 of 2.18 the cash balance in the state airports 2.19 fund established in Minnesota Statutes, 2.20 section 360.017, to the general fund. 2.21 On July 1, 2007, the commissioner must 2.22 transfer $15,000,000 from the general 2.23 fund to the state airports fund. 2.24 Sec. 3. BOND SALE EXPENSES 110,000 2.25 To the commissioner of finance for bond 2.26 sale expenses under Minnesota Statutes, 2.27 section 16A.641, subdivision 8. This 2.28 appropriation is from the trunk highway 2.29 bond proceeds account in the trunk 2.30 highway fund. 2.31 Sec. 4. BOND SALE AUTHORIZATION 2.32 To provide the money appropriated in 2.33 this act from the trunk highway bond 2.34 proceeds account in the trunk highway 2.35 fund, the commissioner of finance shall 2.36 sell and issue bonds of the state in an 2.37 amount up to $110,110,000 in the 2.38 manner, upon the terms, and with the 2.39 effect prescribed by Minnesota 2.40 Statutes, sections 167.50 to 167.52, 2.41 and by the Minnesota Constitution, 2.42 article XIV, section 11, at the times 2.43 and in the amount requested by the 2.44 commissioner of transportation. The 2.45 proceeds of the bonds, except accrued 2.46 interest and any premium received on 2.47 the sale of the bonds, must be credited 2.48 to the trunk highway bond proceeds 2.49 account in the trunk highway fund. 2.50 Sec. 5. [EFFECTIVE DATE.] 2.51 Sections 1 to 4 are effective the day following final 2.52 enactment. 2.53 ARTICLE 2 2.54 TRANSFERS 2.55 Section 1. [SELF LOAN RESERVE FUND TRANSFER.] 2.56 Subdivision 1. [HESO TRANSFER.] Notwithstanding any law to 3.1 the contrary, by June 30, 2003, the higher education services 3.2 office shall transfer $30,000,000 of uncommitted balances in the 3.3 SELF loan reserve fund to the general fund. This is a onetime 3.4 transfer. 3.5 Subd. 2. [VOID PROVISION.] 2003 regular session S.F. No. 3.6 675, article 1, section 6, if enacted, has no effect. 3.7 Sec. 2. [STATE-OPERATED SERVICES TRANSFER.] 3.8 The commissioner of human services shall transfer 3.9 $3,200,000 from the TBI enterprise, $1,000,000 from lease 3.10 income, and $500,000 from the ICF/MR depreciation accounts to 3.11 the general fund, effective the day following final enactment. 3.12 Sec. 3. [EFFECTIVE DATE.] 3.13 Sections 1 and 2 are effective the day following final 3.14 enactment. 3.15 ARTICLE 3 3.16 E-12 EDUCATION FORECAST ADJUSTMENTS 3.17 Section 1. [DEPARTMENT OF CHILDREN, FAMILIES, AND LEARNING.] 3.18 The dollar amounts shown are added to or, if shown in 3.19 parentheses, are subtracted from the appropriations in Laws 3.20 2001, First Special Session chapter 6, as amended by Laws 2002, 3.21 chapter 220, and Laws 2002, chapter 374, or other law, and are 3.22 appropriated from the general fund to the department of 3.23 children, families, and learning for the purposes specified in 3.24 this article, to be available for the fiscal year indicated for 3.25 each purpose. The figure "2003" used in this article means that 3.26 the appropriation or appropriations listed are available for the 3.27 fiscal year ending June 30, 2003. 3.28 2003 3.29 APPROPRIATION ADJUSTMENTS $ 8,742,000 3.30 APPROPRIATION CHANGE 3.31 Sec. 2. APPROPRIATIONS; EARLY CHILDHOOD 3.32 AND FAMILY EDUCATION 3.33 Subdivision 1. Early Childhood Family 3.34 Education Aid (520,000) 3.35 Subd. 2. MFIP Child Care 6,817,000 3.36 Subd. 3. Community Education Aid 219,000 3.37 Subd. 4. Adult Graduation Aid (149,000) 4.1 Sec. 3. K-12 EDUCATION APPROPRIATION 4.2 ADJUSTMENTS 4.3 Subdivision 1. Referendum Tax 4.4 Base Replacement Aid (98,000) 4.5 Subd. 2. General and Supplemental 4.6 Education Aid 8,791,000 4.7 This change includes ($7,420,000) for 4.8 2002 and $16,211,000 for 2003. 4.9 Subd. 3. Transportation Aid for 4.10 Enrollment Options (35,000) 4.11 Subd. 4. Nonpublic Pupil Aid 437,000 4.12 Subd. 5. Nonpublic Pupil Transportation (679,000) 4.13 Subd. 6. Consolidation Transition Aid 5,000 4.14 Subd. 7. Charter School Building 4.15 Lease Aid (544,000) 4.16 Subd. 8. Charter School Startup Grants (181,000) 4.17 Subd. 9. Charter School Integration Aid (5,000) 4.18 This reduction is for 2002. 4.19 Subd. 10. Integration Aid (2,866,000) 4.20 Subd. 11. Magnet School Startup Aid (96,000) 4.21 Subd. 12. Interdistrict Desegregation 4.22 or Integration Transportation Grants 169,000 4.23 Subd. 13. Tribal Contract Schools (612,000) 4.24 Subd. 14. Special Education Aid (1,630,000) 4.25 Subd. 15. Aid for Children with a 4.26 Disability (289,000) 4.27 Subd. 16. Travel for Home-Based 4.28 Services 48,000 4.29 Subd. 17. Special Education Excess 4.30 Cost Aid (491,000) 4.31 Subd. 18. Litigation Costs for 4.32 Special Education (40,000) 4.33 Subd. 19. Court-Placed Special 4.34 Education Revenue (203,000) 4.35 Subd. 20. Transition Programs; 4.36 Students With Disabilities (26,000) 4.37 Subd. 21. Health and Safety Aid (480,000) 4.38 Subd. 22. Debt Service Aid 19,000 4.39 Subd. 23. School Breakfast 100,000 4.40 Subd. 24. Fast Break to Learning 1,081,000 4.41 Sec. 4. [EFFECTIVE DATE.] 4.42 Sections 1 to 3 are effective the day following final 5.1 enactment. 5.2 ARTICLE 4 5.3 HEALTH AND HUMAN SERVICES FORECAST ADJUSTMENTS 5.4 Section 1. [HEALTH AND HUMAN SERVICES APPROPRIATIONS.] 5.5 The dollar amounts shown in the columns marked 5.6 "APPROPRIATIONS" are added to or, if shown in parentheses, are 5.7 subtracted from the appropriations in Laws 2001, First Special 5.8 Session chapter 9, as amended by Laws 2002, chapter 220, and 5.9 Laws 2002, chapter 374, and are appropriated from the general 5.10 fund, or any other fund named, to the agencies and for the 5.11 purposes specified in this article, to be available for the 5.12 fiscal year indicated for each purpose. The figure "2003" used 5.13 in this article means that the appropriation or appropriations 5.14 listed under them are available for the fiscal year ending June 5.15 30, 2003. 5.16 SUMMARY BY FUND 5.17 2003 5.18 General $103,756,000 5.19 Health Care Access (1,492,000) 5.20 Federal TANF 20,419,000 5.21 APPROPRIATIONS 5.22 Available for the Year 5.23 Ending June 30, 2003 5.24 Sec. 2. COMMISSIONER OF 5.25 HUMAN SERVICES 5.26 Subdivision 1. Total 5.27 Appropriation $128,203,000 5.28 Summary by Fund 5.29 General 109,276,000 5.30 Health Care Access (1,492,000) 5.31 Federal TANF 20,419,000 5.32 Subd. 2. Administrative 5.33 Reimbursement/Pass-through 1,180,000 5.34 Subd. 3. Basic Health Care 5.35 Grants 5.36 General 59,364,000 5.37 Health Care Access (1,492,000) 5.38 The amounts that may be spent from this 5.39 appropriation for each purpose are as 5.40 follows: 6.1 (a) MinnesotaCare Grants 6.2 Health Care Access (1,492,000) 6.3 (b) MA Basic Health Care Grants - 6.4 Families and Children 6.5 General 14,708,000 6.6 (c) MA Basic Health Care Grants - 6.7 Elderly and Disabled 6.8 General 15,137,000 6.9 (d) General Assistance Medical Care 6.10 Grants 6.11 General 29,519,000 6.12 Subd. 4. Continuing Care Grants 6.13 General 56,615,000 6.14 The amounts that may be spent from this 6.15 appropriation for each purpose are as 6.16 follows: 6.17 (a) Medical Assistance Long-Term Care 6.18 Waivers and Home Care Grants 6.19 General 57,388,000 6.20 (b) Medical Assistance Long-Term Care 6.21 Facilities Grants 6.22 General 678,000 6.23 (c) Group Residential Housing Grants 6.24 General (1,451,000) 6.25 Subd. 5. Economic Support Grants 6.26 General (6,703,000) 6.27 Federal TANF 19,239,000 6.28 The amounts that may be spent from the 6.29 appropriation for each purpose are as 6.30 follows: 6.31 (a) Assistance to Families Grants 6.32 General (9,306,000) 6.33 Federal TANF 19,239,000 6.34 (b) General Assistance Grants 6.35 General 3,491,000 6.36 (c) Minnesota Supplemental Aid Grants 6.37 General (888,000) 6.38 Sec. 3. COMMISSIONER OF HEALTH 6.39 Subdivision 1. Total Appropriation (5,520,000) 6.40 Summary by Fund 7.1 General (5,520,000) 7.2 Subd. 2. Access and Quality Improvement (5,520,000) 7.3 Sec. 4. [EFFECTIVE DATE.] 7.4 Sections 1 to 3 are effective the day following final 7.5 enactment. 7.6 ARTICLE 5 7.7 MISCELLANEOUS 7.8 Section 1. Minnesota Statutes 2002, section 16B.27, 7.9 subdivision 3, is amended to read: 7.10 Subd. 3. [COUNCIL.] The governor's residence council 7.11 consists of the following 19 members: the commissioner; the 7.12 spouse or a designee of the governor; the executive director of 7.13 the Minnesota state arts board; the director of the Minnesota 7.14 historical society; a member of the senate appointed pursuant to 7.15 the rules of the senate; a member of the house of 7.16 representatives appointed pursuant to the rules of the house of 7.17 representatives; 13 persons appointed by the governor including 7.18 one in the field of higher education, one member of the American 7.19 Society of Interior Designers, Minnesota Chapter, one member of 7.20 the American Institute of Architects, Minnesota chapter, one 7.21 member of the American Society of Landscape Architects, 7.22 Minnesota Chapter, one member of the family that donated the 7.23 governor's residence to the state, if available, and eight 7.24 public members with four public members' terms being coterminous 7.25 with the governor who appoints them. Members of the council 7.26 serve without compensation. Membership terms, removal, and 7.27 filling of vacancies for members appointed by the governor are 7.28 governed by section 15.0575. The council shall elect a chair 7.29 and a secretary from among its members.The council expires on7.30June 30, 2003.7.31 Sec. 2. Minnesota Statutes 2002, section 127A.45, 7.32 subdivision 7a, is amended to read: 7.33 Subd. 7a. [ADVANCE FINAL PAYMENT.] (a) Notwithstanding 7.34 subdivisions 3 and 7, a school district or a charter school 7.35 exceeding its expenditure limitations under section 123B.83 as 7.36 of June 30 of the prior fiscal year may receive a portion of its 8.1 final payment for the current fiscal year on June 20, if 8.2 requested by the district. The amount paid under this 8.3 subdivision must not exceed the lesser of: 8.4 (1) seven percent of the district or charter school's 8.5 general education aid for the current fiscal year; or 8.6 (2) the amount by which the district or charter school's 8.7 net negative unreserved general fund balance as of June 30 of 8.8 the prior fiscal year exceeds 2.5 percent of the district or 8.9 charter school's expenditures for that fiscal year. 8.10 (b) The state total advance final payment under this 8.11 subdivision for any year must not exceed$17,500,000$12,000,000. 8.12 If the amount requested exceeds$17,500,000$12,000,000, the 8.13 advance final payment for each eligible district must be reduced 8.14 proportionately. 8.15 Sec. 3. Laws 2001, First Special Session chapter 9, 8.16 article 17, section 10, subdivision 1, is amended to read: 8.17 Subdivision 1. Grants 8.18 The commissioner of human services, 8.19 with the approval of the commissioner 8.20 of finance, and after notification of 8.21 the chair of the senate health, human 8.22 services and corrections budget 8.23 division and the chair of the house 8.24 health and human services finance 8.25 committee, may transfer unencumbered 8.26 appropriation balances for the biennium 8.27 ending June 30, 2003, within fiscal 8.28 years among the MFIP, MFIP child care 8.29 assistance under Minnesota Statutes, 8.30 section 119B.05, general assistance, 8.31 general assistance medical care, 8.32 medical assistance, Minnesota 8.33 supplemental aid, and group residential 8.34 housing programs, and the entitlement 8.35 portion of the chemical dependency 8.36 consolidated treatment fund, and 8.37 between fiscal years of the biennium. 8.38 Sec. 4. [BOARD OF CHIROPRACTIC EXAMINERS DEFICIENCY.] 8.39 $70,000 is transferred from the state government special 8.40 revenue fund under Laws 2001, First Special Session chapter 10, 8.41 article 1, section 33, in fiscal year 2003 to the board of 8.42 chiropractic examiners to pay for contested case activity. This 8.43 appropriation is available until September 30, 2003. 8.44 Sec. 5. [SECRETARY OF STATE.] 8.45 $368,000 is appropriated from the general fund in fiscal 9.1 year 2003 to the secretary of state to fund the legal costs 9.2 associated with the 2002 redistricting court case. 9.3 Sec. 6. [BOARD ON JUDICIAL STANDARDS.] 9.4 $35,000 is appropriated from the general fund in fiscal 9.5 year 2003 to the board on judicial standards to fund costs of a 9.6 public hearing for a judge. This appropriation is available 9.7 until expended. 9.8 Sec. 7. [EFFECTIVE DATE OF MINNESOTA STATUTES, SECTION 9.9 144.395.] 9.10 Notwithstanding the effective date in Laws 2002, chapters 9.11 220, article 14, section 12, and 374, article 8, section 8, the 9.12 amendments to Minnesota Statutes, section 144.395, subdivision 9.13 1, in Laws 2002, chapters 220, article 14, section 6, and 374, 9.14 article 8, section 3, are effective the day following final 9.15 enactment of this section. 9.16 Sec. 8. [CARRYFORWARD.] 9.17 Notwithstanding Minnesota Statutes, section 16A.28, or 9.18 other law to the contrary, funds encumbered by the judicial or 9.19 executive branch for severance costs, unemployment compensation 9.20 costs, and health, dental, and life insurance continuation costs 9.21 resulting from state employee layoffs during the fiscal year 9.22 ending June 30, 2003, may be carried forward and may be spent 9.23 until January 1, 2004. 9.24 Sec. 9. [FY 2003 APPROPRIATIONS CARRYFORWARD.] 9.25 Notwithstanding Minnesota Statutes, section 16A.28, or any 9.26 other law to the contrary, state agencies and constitutional 9.27 offices may carry forward unexpended and unencumbered nongrant 9.28 operating balances from fiscal year 2003 general fund 9.29 appropriations into fiscal year 2004 to offset general budget 9.30 reductions. 9.31 Sec. 10. [EFFECTIVE DATE.] 9.32 This article is effective the day following final enactment. 9.33 ARTICLE 6 9.34 PUBLIC SAFETY OFFICERS 9.35 Section 1. Minnesota Statutes 2002, section 299A.42, is 9.36 amended to read: 10.1 299A.42 [PUBLIC SAFETY OFFICER'S BENEFIT ACCOUNT.] 10.2 The public safety officer's benefit account is created in 10.3 the state treasury. Money in the account consists of money 10.4 transferred and appropriated to that account. Money in the 10.5 account that is not expended in the fiscal year in which it is 10.6 transferred or appropriated does not revert to the general fund 10.7 until claims for reimbursement under section 299A.465 that are 10.8 submitted in that fiscal year are either paid or denied. 10.9 [EFFECTIVE DATE.] This section is effective the day 10.10 following final enactment. 10.11 Sec. 2. Minnesota Statutes 2002, section 299A.44, 10.12 subdivision 1, is amended to read: 10.13 Subdivision 1. [PAYMENT REQUIRED.] (a) On certification to 10.14 the governor by the commissioner of public safety that a public 10.15 safety officer employed within this state has been killed in the 10.16 line of duty,leaving a spouse or one or more eligible10.17dependents,the commissioner of finance shall pay $100,000 from 10.18 the public safety officer's benefit account, as follows: 10.19 (1) if there is no dependent child, to the spouse; 10.20 (2) if there is no spouse, to the dependent child or 10.21 children in equal shares; 10.22 (3) if there are both a spouse and one or more dependent 10.23 children, one-half to the spouse and one-half to the child or 10.24 children, in equal shares; 10.25 (4) if there is no surviving spouse or dependent child or 10.26 children, to the parent or parents dependent for support on the 10.27 decedent, in equal shares; or 10.28 (5) if there is no surviving spouse, dependent child, or 10.29 dependent parent,then no payment may be made from the public10.30safety officer's benefit fundto the public safety officer's 10.31 estate. 10.32 (b) If there are both a spouse and one or more dependent 10.33 children under age 18, the spouse, at the spouse's discretion, 10.34 may spend a maximum of one-third of a child's share on medical 10.35 or dental treatment for the child or the child's education. 10.36 Expenditures under this paragraph on behalf of a child do not 11.1 diminish the shares of any other children. In addition, a 11.2 spouse, at the spouse's discretion, may expend money from a 11.3 child's share to pay state and federal taxes on any interest 11.4 accrued on the share. 11.5 [EFFECTIVE DATE.] This section is effective retroactively 11.6 from July 1, 2002. 11.7 Sec. 3. Minnesota Statutes 2002, section 299A.465, 11.8 subdivision 4, is amended to read: 11.9 Subd. 4. [PUBLIC EMPLOYER REIMBURSEMENT.] A public 11.10 employer subject to this section may annually apply to the 11.11 commissioner of public safety for reimbursement to help defray a 11.12 portion of its costs of complying with this section. 11.13 Applications must be submitted by August 1 for claims relating 11.14 to the preceding fiscal year. The commissioner shall provide 11.15 reimbursement to the public employer out of the public safety 11.16 officer's benefit account. Reimbursement may be less than the 11.17 total claim and may be prorated based on the number of eligible 11.18 peace officers, firefighters, and qualifying dependents. An 11.19 individual share must not exceed the actual cost to a public 11.20 employer to provide coverage for an individual under this 11.21 section. 11.22 [EFFECTIVE DATE.] This section is effective the day 11.23 following final enactment. 11.24 Sec. 4. [APPROPRIATION.] 11.25 $344,000 is appropriated from the general fund in fiscal 11.26 year 2003 to the commissioner of public safety for the purposes 11.27 of this article. This is a onetime appropriation. 11.28 [EFFECTIVE DATE.] This section is effective the day 11.29 following final enactment. 11.30 ARTICLE 7 11.31 DUPLICATE APPROPRIATIONS AND TRANSFERS 11.32 Section 1. [APPROPRIATE OR TRANSFER ONLY ONCE, IF 11.33 DUPLICATED.] 11.34 (a) Unless another act explicitly provides otherwise, the 11.35 appropriations and transfers in this act that are enumerated in 11.36 this paragraph must be implemented only once and not twice or 12.1 more often even if the provision or a similar provision with the 12.2 same fiscal effect in the same fiscal year is included in 12.3 another act: 12.4 (1) the appropriation of $110,000,000 from the trunk 12.5 highway bond proceeds account in article 1, section 2; 12.6 (2) the transfer of $15,000,000 from the state airports 12.7 fund in article 1, section 2; 12.8 (3) the transfer of $30,000,000 for the SELF loan reserve 12.9 in article 2, section 1; 12.10 (4) the transfer of $3,200,000 for the TBI enterprise 12.11 account in article 2, section 2; 12.12 (5) the transfer of $1,000,000 from the lease income 12.13 account in article 2, section 2; 12.14 (6) the transfer of $500,000 from the ICF/MR depreciation 12.15 account in article 2, section 2; 12.16 (7) the transfer of $70,000 from the state government 12.17 special revenue fund in article 5, section 3; 12.18 (8) the appropriation of $368,000 from the general fund in 12.19 article 5, section 4; 12.20 (9) the appropriation of $35,000 from the general fund in 12.21 article 5, section 5; and 12.22 (10) the appropriation of $344,000 from the general fund in 12.23 article 6, section 4. 12.24 (b) This section applies to laws enacted in the 2003 12.25 regular session or in a special session held before the 2004 12.26 regular session. 12.27 Sec. 2. [EFFECTIVE DATE.] 12.28 This article is effective the day following final enactment.