Minnesota Legislature
HF 3270
Conference Committee Report - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am
KEY: stricken = removed, old language.
underscored = added, new language.
Current Version - Conference Committee Report
1.1 CONFERENCE COMMITTEE REPORT ON H.F. NO. 3270 1.2 A bill for an act 1.3 relating to state government; creating office of state 1.4 treasurer and modifying related provisions; providing 1.5 for governor's cabinet and organizing certain 1.6 government agencies; modifying certain fund 1.7 provisions; requiring the commissioner of finance to 1.8 prepare a forecast of state revenues and expenditures 1.9 in July in each even-numbered year; requiring certain 1.10 payments; modifying provisions of constitutional 1.11 officers' salaries; reducing certain appropriations; 1.12 modifying consulting moratorium and hiring freeze 1.13 provisions; amending Minnesota Statutes 2000, sections 1.14 4.06; 8.05; 10.01; 11A.08, subdivision 1; 16A.103, 1.15 subdivision 1; 40A.151, subdivision 1; 40A.152, 1.16 subdivisions 1, 3; 43A.18, subdivision 4; 168A.40, 1.17 subdivision 4, as amended; 204B.11, subdivision 1; 1.18 204D.10, subdivision 2; 209.01, subdivision 2; 1.19 240A.08; 471.975; Minnesota Statutes 2001 Supplement, 1.20 section 16E.09, subdivision 1; Laws 2001, First 1.21 Special Session chapter 10, article 1, section 2, 1.22 subdivision 4; Laws 2002, chapter 220, article 10, 1.23 sections 2; 3; 7; 10, subdivision 3; 16; 36; 37; 38; 1.24 proposing coding for new law in Minnesota Statutes, 1.25 chapters 7; 15; 43A. 1.26 May 15, 2002 1.27 The Honorable Steve Sviggum 1.28 Speaker of the House of Representatives 1.30 The Honorable Don Samuelson 1.31 President of the Senate 1.33 We, the undersigned conferees for H.F. No. 3270, report 1.34 that we have agreed upon the items in dispute and recommend as 1.35 follows: 1.36 1.37 That the Senate recede from its amendments and that H.F. No. 1.38 3270 be further amended as follows: 2.1 Delete everything after the enacting clause and insert: 2.2 "ARTICLE 1 2.3 EDUCATION AID PAYMENT DELAY 2.4 Section 1. Minnesota Statutes 2001 Supplement, section 2.5 124D.11, subdivision 9, is amended to read: 2.6 Subd. 9. [PAYMENT OF AIDS TO CHARTER SCHOOLS.] (a) 2.7 Notwithstanding section 127A.45, subdivision 3, aid payments for 2.8 the current fiscal year to a charter school not in its first 2.9 year of operation shall be of an equal amount on each of the 23 2.10 payment dates. A charter school in its first year of operation 2.11 shall receive, on its first payment date, ten percent of its 2.12 cumulative amount guaranteed for the year and 22 payments of an 2.13 equal amount thereafter the sum of which shall be 90 percent of 2.14 the cumulative amount guaranteed. 2.15 (b) Notwithstanding paragraph (a), for a charter school 2.16 ceasing operation prior to the end of a school year,9083 2.17 percent of the amount due for the school year may be paid to the 2.18 school after audit of prior fiscal year and current fiscal year 2.19 pupil counts. 2.20 (c) Notwithstanding section 127A.45, subdivision 3, and 2.21 paragraph (a),9083 percent of the start-up cost aid under 2.22 subdivision 8 shall be paid within 45 days after the first day 2.23 of student attendance for that school year. 2.24 (d) In order to receive state aid payments under this 2.25 subdivision, a charter school in its first three years of 2.26 operation must submit a quarterly report to the department of 2.27 children, families, and learning. The report must list each 2.28 student by grade, show the student's start and end dates, if 2.29 any, with the charter school, and for any student participating 2.30 in a learning year program, the report must list the hours and 2.31 times of learning year activities. The report must be submitted 2.32 not more than two weeks after the end of the calendar quarter to 2.33 the department. The department must develop a Web-based 2.34 reporting form for charter schools to use when submitting 2.35 enrollment reports. A charter school in its fourth and 2.36 subsequent year of operation must submit enrollment information 3.1 to the department in the form and manner requested by the 3.2 department. 3.3 Sec. 2. Minnesota Statutes 2000, section 127A.45, 3.4 subdivision 2, is amended to read: 3.5 Subd. 2. [DEFINITIONS.] (a) The term "other district 3.6 receipts" means payments by county treasurers pursuant to 3.7 section 276.10, apportionments from the school endowment fund 3.8 pursuant to section 127A.33, apportionments by the county 3.9 auditor pursuant to section 127A.34, subdivision 2, and payments 3.10 to school districts by the commissioner of revenue pursuant to 3.11 chapter 298. 3.12 (b) The term "cumulative amount guaranteed" means the 3.13 product of 3.14 (1) the cumulative disbursement percentage shown in 3.15 subdivision 3; times 3.16 (2) the sum of 3.17 (i)9083 percent of the estimated aid and credit 3.18 entitlements paid according to subdivision 13; plus 3.19 (ii) 100 percent of the entitlements paid according to 3.20 subdivisions 11 and 12; plus 3.21 (iii) the other district receipts; plus3.22(iv) the final adjustment payment according to subdivision3.239. 3.24 (c) The term "payment date" means the date on which state 3.25 payments to districts are made by the electronic funds transfer 3.26 method. If a payment date falls on a Saturday, a Sunday, or a 3.27 weekday which is a legal holiday, the payment shall be made on 3.28 the immediately preceding business day. The commissioner may 3.29 make payments on dates other than those listed in subdivision 3, 3.30 but only for portions of payments from any preceding payment 3.31 dates which could not be processed by the electronic funds 3.32 transfer method due to documented extenuating circumstances. 3.33 Sec. 3. Minnesota Statutes 2000, section 127A.45, 3.34 subdivision 3, is amended to read: 3.35 Subd. 3. [PAYMENT DATES AND PERCENTAGES.] (a) For fiscal 3.36 year 2003, the commissioner shall pay to a district on the dates 4.1 indicated an amount computed as follows: the cumulative amount 4.2 guaranteed minus the sum of (a) the district's other district 4.3 receipts through the current payment, and (b) the aid and credit 4.4 payments through the immediately preceding payment. For 4.5 purposes of this computation, the payment dates and the 4.6 cumulative disbursement percentages are as follows: 4.7 Payment date Percentage 4.8 Payment 1 July 15:4.65.1 4.9 Payment 2 July 30:6.97.7 4.10 Payment 3 August 15:the greater of (a) the final4.11adjustment for the prior fiscal year for4.12the state paid property tax credits4.13established in section 273.1392, or4.14(b) the amount needed to provide 15.2 percent16.9 4.15 Payment 4 August 30:17.419.3 4.16 Payment 5 September 15:19.621.8 4.17 Payment 6 September 30:21.824.3 4.18 Payment 7 October 15:the greater of (a) one-half of4.19the final adjustment for the prior fiscal year4.20for all aid entitlements except state paid4.21property tax credits, or (b) the amount needed to4.22provide 24 percent26.3 4.23 Payment 8 October 30:the greater of (a) one-half of the4.24final adjustment for the prior fiscal year for all4.25aid entitlements except state paid property4.26tax credits, or (b) the amount needed4.27to provide 27.3percent28.3 4.28 Payment 9 November 15:33.332.8 4.29 Payment 10 November 30:39.339.1 4.30 Payment 11 December 15:42.342.4 4.31 Payment 12 December 30:45.345.6 4.32 Payment 13 January 15:49.550.5 4.33 Payment 14 January 30:53.855.0 4.34 Payment 15 February 15:58.360.2 4.35 Payment 16 February 28:62.865.0 4.36 Payment 17 March 15:67.669.7 5.1 Payment 18 March 30:72.374.3 5.2 Payment 19 April 15:75.378.3 5.3 Payment 20 April 30:81.384.2 5.4 Payment 21 May 15:84.388.7 5.5 Payment 22 May 30:92.393.3 5.6 Payment 23 June 20: 100.0 5.7 (b) In addition to the amounts paid under paragraph (a), 5.8 for fiscal year 2003, the commissioner shall pay to a district 5.9 on the dates indicated an amount computed as follows: 5.10 Payment 3 August 15: the final adjustment for the 5.11 prior fiscal year for the state paid 5.12 property tax credits established in 5.13 section 273.1392 5.14 Payment 7 October 15: one-half of the final adjustment 5.15 for the prior fiscal year for all aid 5.16 entitlements except state paid property 5.17 tax credits 5.18 Payment 8 October 30: one-half of the final adjustment 5.19 for the prior fiscal year for all aid 5.20 entitlements except state paid property 5.21 tax credits 5.22 (c) For fiscal year 2004 and later, the commissioner shall 5.23 pay to a district on the dates indicated an amount computed as 5.24 follows: the cumulative amount guaranteed minus the sum of (a) 5.25 the district's other district receipts through the current 5.26 payment, and (b) the aid and credit payments through the 5.27 immediately preceding payment. For purposes of this 5.28 computation, the payment dates and the cumulative disbursement 5.29 percentages are as follows: 5.30 Payment date Percentage 5.31 Payment 1 July 15: 5.1 5.32 Payment 2 July 30: 7.7 5.33 Payment 3 August 15: 16.9 5.34 Payment 4 August 30: 19.3 5.35 Payment 5 September 15: 21.8 5.36 Payment 6 September 30: 24.3 6.1 Payment 7 October 15: 26.3 6.2 Payment 8 October 30: 28.3 6.3 Payment 9 November 15: 30.3 6.4 Payment 10 November 30: 35.0 6.5 Payment 11 December 15: 40.0 6.6 Payment 12 December 30: 43.0 6.7 Payment 13 January 15: 48.0 6.8 Payment 14 January 30: 52.0 6.9 Payment 15 February 15: 56.0 6.10 Payment 16 February 28: 61.0 6.11 Payment 17 March 15: 66.0 6.12 Payment 18 March 30: 72.0 6.13 Payment 19 April 15: 76.0 6.14 Payment 20 April 30: 83.0 6.15 Payment 21 May 15: 88.0 6.16 Payment 22 May 30: 95.0 6.17 Payment 23 June 20: 100.0 6.18 (d) In addition to the amounts paid under paragraph (c), 6.19 for fiscal year 2004 and later, the commissioner shall pay to a 6.20 district on the dates indicated an amount computed as follows: 6.21 Payment 3 August 15: the final adjustment for the 6.22 prior fiscal year for the state paid 6.23 property tax credits established in 6.24 section 273.1392 6.25 Payment 4 August 30: one-third of the final adjustment 6.26 for the prior fiscal year for all aid 6.27 entitlements except state paid property 6.28 tax credits 6.29 Payment 6 September 30: one-third of the final adjustment 6.30 for the prior fiscal year for all aid 6.31 entitlements except state paid property 6.32 tax credits 6.33 Payment 8 October 30: one-third of the final adjustment 6.34 for the prior fiscal year for all aid 6.35 entitlements except state paid property 6.36 tax credits 7.1 Sec. 4. Minnesota Statutes 2000, section 127A.45, is 7.2 amended by adding a subdivision to read: 7.3 Subd. 7a. [ADVANCE FINAL PAYMENT.] (a) Notwithstanding 7.4 subdivisions 3 and 7, a school district or a charter school 7.5 exceeding its expenditure limitations under section 123B.83 as 7.6 of June 30 of the prior fiscal year may receive a portion of its 7.7 final payment for the current fiscal year on June 20, if 7.8 requested by the district. The amount paid under this 7.9 subdivision must not exceed the lesser of: 7.10 (1) seven percent of the district or charter school's 7.11 general education aid for the current fiscal year; or 7.12 (2) the amount by which the district or charter school's 7.13 net negative unreserved general fund balance as of June 30 of 7.14 the prior fiscal year exceeds 2.5 percent of the district or 7.15 charter school's expenditures for that fiscal year. 7.16 (b) The state total advance final payment under this 7.17 subdivision for any year must not exceed $17,500,000. If the 7.18 amount requested exceeds $17,500,000, the advance final payment 7.19 for each eligible district must be reduced proportionately. 7.20 Sec. 5. Minnesota Statutes 2000, section 127A.45, 7.21 subdivision 10, is amended to read: 7.22 Subd. 10. [PAYMENTS TO SCHOOL NONOPERATING FUNDS.] Each 7.23 fiscal year state general fund payments for a district 7.24 nonoperating fund must be made at9083 percent of the estimated 7.25 entitlement during the fiscal year of the entitlement. This 7.26 amount shall be paid in 12 equal monthly installments. The 7.27 amount of the actual entitlement, after adjustment for actual 7.28 data, minus the payments made during the fiscal year of the 7.29 entitlement must be paid prior to October 31 of the following 7.30 school year. The commissioner may make advance payments of debt 7.31 service equalization aid or homestead and agricultural credit 7.32 aid for a district's debt service fund earlier than would occur 7.33 under the preceding schedule if the district submits evidence 7.34 showing a serious cash flow problem in the fund. The 7.35 commissioner may make earlier payments during the year and, if 7.36 necessary, increase the percent of the entitlement paid to 8.1 reduce the cash flow problem. 8.2 Sec. 6. Minnesota Statutes 2000, section 127A.45, 8.3 subdivision 13, is amended to read: 8.4 Subd. 13. [AID PAYMENT PERCENTAGE.] Except as provided in 8.5 subdivisions 11, 12, 12a, and 14, each fiscal year, all 8.6 education aids and credits in this chapter and chapters 120A, 8.7 120B, 121A, 122A, 123A, 123B, 124D, 125A, 125B, 126C, 134, and 8.8 section 273.1392, shall be paid at9083 percent of the 8.9 estimated entitlement during the fiscal year of the 8.10 entitlement. For the purposes of this subdivision, a district's 8.11 estimated entitlement for special education excess cost aid 8.12 under section 125A.79 equals 70 percent of the district's 8.13 entitlement for the second prior fiscal year. The final 8.14 adjustment payment, according to subdivision 9, must be the 8.15 amount of the actual entitlement, after adjustment for actual 8.16 data, minus the payments made during the fiscal year of the 8.17 entitlement. 8.18 Sec. 7. Minnesota Statutes 2000, section 127A.45, 8.19 subdivision 14, is amended to read: 8.20 Subd. 14. [NONPUBLIC AIDS.] The state shall pay aid 8.21 according to sections 123B.40 to 123B.48 for pupils attending 8.22 nonpublic schools as follows: 8.23 (1) an advance payment by November 30 equal to9083 8.24 percent of the estimated entitlement for the current fiscal 8.25 year; and 8.26 (2) a final payment by October 31 of the following fiscal 8.27 year, adjusted for actual data. 8.28 If a payment advance to meet cash flow needs is requested 8.29 by a district and approved by the commissioner, the state shall 8.30 pay nonpublic pupil transportation aid according to section 8.31 123B.92 by October 31. 8.32 Sec. 8. Minnesota Statutes 2001 Supplement, section 8.33 127A.45, subdivision 14a, is amended to read: 8.34 Subd. 14a. [STATE NUTRITION PROGRAMS.] Notwithstanding 8.35 subdivision 3, the state shall pay 100 percent of the aid for 8.36 the current year according to sections 124D.111, 124D.115, and 9.1 124D.118 and9083 percent of the aid for the current year 9.2 according to section 124D.1156 based on submitted monthly 9.3 vouchers showing meals and milk served. The remainingten17 9.4 percent according to section 124D.1156 shall be paid by October 9.5 30 of the following fiscal year. 9.6 Sec. 9. Minnesota Statutes 2000, section 127A.45, 9.7 subdivision 16, is amended to read: 9.8 Subd. 16. [PAYMENTS TO THIRD PARTIES.] Notwithstanding 9.9 subdivision 3,9083 percent of the amounts under section 9.10 123A.26, subdivision 3, shall be paid in equal installments on 9.11 August 30, December 30, and March 30, with aten17 percent 9.12 final adjustment payment on October 30 of the next fiscal year. 9.13 Sec. 10. [APPROPRIATION, ADVANCE FINAL PAYMENT.] 9.14 $17,500,000 is appropriated from the general fund to the 9.15 commissioner of children, families, and learning to make advance 9.16 final payments to school districts and charter schools under 9.17 section 4. 9.18 ARTICLE 2 9.19 EARLY CHILDHOOD AND FAMILY EDUCATION 9.20 Section 1. Laws 2001, First Special Session chapter 3, 9.21 article 1, section 17, subdivision 2, is amended to read: 9.22 Subd. 2. [SCHOOL READINESS PROGRAM REVENUE.] For revenue 9.23 for school readiness programs according to Minnesota Statutes, 9.24 sections 124D.15 and 124D.16: 9.25 $10,395,000 ..... 2002 9.26$10,395,000$9,667,000 ..... 2003 9.27 The 2002 appropriation includes $1,039,000 for 2001 and 9.28 $9,356,000 for 2002. 9.29 The 2003 appropriation includes $1,039,000 for 2002 and 9.30$9,356,000$8,628,000 for 2003. 9.31 Any balance in the first year does not cancel but is 9.32 available in the second year. 9.33 Sec. 2. Laws 2001, First Special Session chapter 3, 9.34 article 1, section 17, subdivision 3, as amended by Laws 2002, 9.35 chapter 220, article 2, section 2, is amended to read: 9.36 Subd. 3. [EARLY CHILDHOOD FAMILY EDUCATION AID.] For early 10.1 childhood family education aid according to Minnesota Statutes, 10.2 section 124D.135: 10.3$20,725,000$20,746,000 ..... 2002 10.4$20,624,000$19,184,000 ..... 2003 10.5 The 2002 appropriation includes $2,036,000 for 2001 and 10.6$18,689,000$18,710,000 for 2002. 10.7 The 2003 appropriation includes$2,076,000$2,079,000 for 10.8 2002 and$18,548,000$17,105,000 for 2003. 10.9 Any balance in the first year does not cancel but is 10.10 available in the second year. 10.11 Sec. 3. Laws 2001, First Special Session chapter 3, 10.12 article 1, section 17, subdivision 4, is amended to read: 10.13 Subd. 4. [HEALTH AND DEVELOPMENTAL SCREENING AID.] For 10.14 health and developmental screening aid according to Minnesota 10.15 Statutes, sections 121A.17 and 121A.19: 10.16 $2,661,000 ..... 2002 10.17$2,661,000$2,475,000 ..... 2003 10.18 The 2002 appropriation includes $266,000 for 2001 and 10.19 $2,395,000 for 2002. 10.20 The 2003 appropriation includes $266,000 for 2002 and 10.21$2,395,000$2,209,000 for 2003. 10.22 Any balance in the first year does not cancel but is 10.23 available in the second year. 10.24 Sec. 4. Laws 2001, First Special Session chapter 3, 10.25 article 1, section 17, subdivision 7, as amended by Laws 2002, 10.26 chapter 220, article 2, section 3, is amended to read: 10.27 Subd. 7. [SCHOOL AGE CARE AID.] For school age care aid 10.28 according to Minnesota Statutes, section 124D.22: 10.29 $221,000 ..... 2002 10.30$100,000$94,000 ..... 2003 10.31 The 2002 appropriation includes $30,000 for 2001 and 10.32 $191,000 for 2002. 10.33 The 2003 appropriation includes $21,000 for 2002 and 10.34$79,000$73,000 for 2003. 10.35 Any balance in the first year does not cancel but is 10.36 available in the second year. 11.1 Sec. 5. Laws 2001, First Special Session chapter 3, 11.2 article 1, section 17, subdivision 9, as amended by Laws 2002, 11.3 chapter 220, article 2, section 5, is amended to read: 11.4 Subd. 9. [MFIP CHILD CARE.] For child care assistance 11.5 according to Minnesota Statutes, section 119B.05: 11.6$69,201,000$59,956,000 ..... 2002 11.7$77,122,000$68,182,000 ..... 2003 11.8 Any balance in the first year does not cancel but is 11.9 available in the second year. 11.10 Sec. 6. Laws 2001, First Special Session chapter 3, 11.11 article 1, section 19, subdivision 3, as amended by Laws 2002, 11.12 chapter 220, article 2, section 8, is amended to read: 11.13 Subd. 3. [TRANSITION YEAR FAMILIES.] To provide 11.14 uninterrupted assistance under Minnesota Statutes, section 11.15 119B.03, for families completing transition year child care 11.16 assistance: 11.17$1,404,000$1,695,000 ..... 2002 11.18$1,357,000$1,014,000 ..... 2003 11.19 Any unspent balance from the appropriations for 2002 and 11.20 2003 is returned to the TANF reserve. TANF dollars appropriated 11.21 for this purpose in 2001 which are not encumbered by January 1, 11.22 2002, are returned to the TANF reserve. 11.23 Sec. 7. Laws 2001, First Special Session chapter 3, 11.24 article 1, section 19, subdivision 5, as amended by Laws 2002, 11.25 chapter 220, article 2, section 9, is amended to read: 11.26 Subd. 5. [MFIP SOCIAL SERVICES CHILD CARE.] For social 11.27 services child care costs of eligible MFIP participants under 11.28 Minnesota Statutes, section 119B.05, subdivision 1, clause (5): 11.29$973,000$775,000 ..... 2002 11.30$997,000$801,000 ..... 2003 11.31 Any unspent balance from the appropriations for 2002 and 11.32 2003 is returned to the TANF reserve. TANF dollars appropriated 11.33 for this purpose in 2001 which are not encumbered by January 1, 11.34 2002, are returned to the TANF reserve. 11.35 Sec. 8. Laws 2001, First Special Session chapter 3, 11.36 article 2, section 15, subdivision 3, as amended by Laws 2002, 12.1 chapter 220, article 2, section 10, is amended to read: 12.2 Subd. 3. [COMMUNITY EDUCATION AID.] For community 12.3 education aid according to Minnesota Statutes, section 124D.20: 12.4$14,190,000$14,194,000 ..... 2002 12.5$ 8,186,000$ 7,664,000 ..... 2003 12.6 The 2002 appropriation includes $1,528,000 for 2001 and 12.7$12,662,000$12,666,000 for 2002. 12.8 The 2003 appropriation includes$1,406,000$1,407,000 for 12.9 2002 and$6,780,000$6,257,000 for 2003. 12.10 Any balance in the first year does not cancel but is 12.11 available in the second year. 12.12 Sec. 9. Laws 2001, First Special Session chapter 3, 12.13 article 2, section 15, subdivision 4, is amended to read: 12.14 Subd. 4. [ADULTS WITH DISABILITIES PROGRAM AID.] For 12.15 adults with disabilities programs according to Minnesota 12.16 Statutes, section 124D.56: 12.17 $639,000 ..... 2002 12.18$710,000$661,000 ..... 2003 12.19 The 2002 appropriation includes $0 for 2001 and $639,000 12.20 for 2002. 12.21 The 2003 appropriation includes $71,000 for 2002 and 12.22$639,000$590,000 for 2003. 12.23 Any balance in the first year does not cancel but is 12.24 available in the second year. 12.25 Sec. 10. Laws 2001, First Special Session chapter 3, 12.26 article 2, section 15, subdivision 6, is amended to read: 12.27 Subd. 6. [VIOLENCE PREVENTION EDUCATION GRANTS.] For 12.28 violence prevention education grants according to Minnesota 12.29 Statutes, section 120B.23: 12.30 $1,305,000 ..... 2002 12.31$1,450,000$1,349,000 ..... 2003 12.32 The 2002 appropriation includes $0 for 2001 and $1,305,000 12.33 for 2002. 12.34 The 2003 appropriation includes $145,000 for 2002 and 12.35$1,305,000$1,204,000 for 2003. 12.36 Any balance in the first year does not cancel but is 13.1 available in the second year. 13.2 Sec. 11. Laws 2001, First Special Session chapter 3, 13.3 article 3, section 9, subdivision 5, is amended to read: 13.4 Subd. 5. [ADULT BASIC EDUCATION AID.] For adult basic 13.5 education aid according to Minnesota Statutes, section 124D.531: 13.6 $32,150,000 ..... 2002 13.7$34,731,000$32,282,000 ..... 2003 13.8 The 2002 appropriation includes $3,019,000 for 2001 and 13.9 $29,131,000 for 2002. 13.10 The 2003 appropriation includes $3,237,000 for 2002 and 13.11$31,494,000$29,045,000 for 2003. 13.12 Sec. 12. Laws 2001, First Special Session chapter 3, 13.13 article 3, section 9, subdivision 7, is amended to read: 13.14 Subd. 7. [ADULT GRADUATION AID.] For adult graduation aid 13.15 according to Minnesota Statutes, section 124D.54: 13.16$3,195,000$2,462,000 ..... 2002 13.17$3,356,000$2,327,000 ..... 2003 13.18 The 2002 appropriation includes $305,000 for 2001 and 13.19$2,890,000$2,157,000 for 2002. 13.20 The 2003 appropriation includes$321,000$240,000 for 2002 13.21 and$3,035,000$2,087,000 for 2003. 13.22 Sec. 13. Laws 2001, First Special Session chapter 3, 13.23 article 4, section 5, subdivision 2, as amended by Laws 2002, 13.24 chapter 220, article 2, section 12, is amended to read: 13.25 Subd. 2. [BASIC SUPPORT GRANTS.] For basic support grants 13.26 according to Minnesota Statutes, sections 134.32 to 134.35: 13.27 $8,570,000 ..... 2002 13.28$8,570,000$7,971,000 ..... 2003 13.29 The 2002 appropriation includes $857,000 for 2001 and 13.30 $7,713,000 for 2002. 13.31 The 2003 appropriation includes $857,000 for 2002 and 13.32$7,713,000$7,114,000 for 2003. 13.33 Base level funding for fiscal year 2004 is 13.34$9,823,000$9,754,000 and$9,822,000$9,962,000 for fiscal year 13.35 2005. 13.36 Sec. 14. Laws 2001, First Special Session chapter 3, 14.1 article 4, section 5, subdivision 3, is amended to read: 14.2 Subd. 3. [MULTICOUNTY, MULTITYPE LIBRARY SYSTEMS.] For 14.3 grants according to Minnesota Statutes, sections 134.353 and 14.4 134.354, to multicounty, multitype library systems: 14.5 $903,000 ..... 2002 14.6$903,000$840,000 ..... 2003 14.7 The 2002 appropriation includes $90,000 for 2001 and 14.8 $813,000 for 2002. 14.9 The 2003 appropriation includes $90,000 for 2002 and 14.10$813,000$750,000 for 2003. 14.11 Any balance in the first year does not cancel but is 14.12 available in the second year. 14.13 Sec. 15. Laws 2002, chapter 220, article 2, section 14, 14.14 subdivision 1, is amended to read: 14.15 Subdivision 1. [DEPARTMENT OF CHILDREN, FAMILIES, AND 14.16 LEARNING.] The sum indicated in this section isappropriated to14.17the commissioner of children, families, and learningtransferred 14.18 from the federal Temporary Assistance for Needy Families block 14.19 grant to the child care and development fund and appropriated to 14.20 the department of children, families, and learning for the 14.21 fiscal year designated. This amount is available for 14.22 expenditure until June 30, 2003. 14.23 Sec. 16. [EFFECTIVE DATE.] 14.24 This article is effective the day following final enactment. 14.25 ARTICLE 3 14.26 K-12 EDUCATION APPROPRIATION ADJUSTMENTS 14.27 Section 1. Minnesota Statutes 2001 Supplement, section 14.28 123B.54, as amended by Laws 2002, chapter 220, article 4, 14.29 section 1, is amended to read: 14.30 123B.54 [DEBT SERVICE APPROPRIATION.] 14.31 (a) $25,987,000 in fiscal year 2002, 14.32$31,892,000$29,941,000 in fiscal year 2003, 14.33$36,629,000$40,075,000 in fiscal year 2004, and 14.34$36,931,000$39,774,000 in fiscal years 2005 and later are 14.35 appropriated from the general fund to the commissioner of 14.36 children, families, and learning for payment of debt service 15.1 equalization aid under section 123B.53. 15.2 (b) The appropriations in paragraph (a) must be reduced by 15.3 the amount of any money specifically appropriated for the same 15.4 purpose in any year from any state fund. 15.5 Sec. 2. Laws 2001, First Special Session chapter 5, 15.6 article 2, section 29, subdivision 2, as amended by Laws 2002, 15.7 chapter 220, article 4, section 2, is amended to read: 15.8 Subd. 2. [REFERENDUM TAX BASE REPLACEMENT AID.] For 15.9 referendum tax base replacement aid according to Minnesota 15.10 Statutes, section 126C.17, subdivision 7a: 15.11$7,616,000$7,027,000 ..... 2003 15.12 The 2003 appropriation includes $0 for 2002 and 15.13$7,616,000$7,027,000 for 2003. 15.14 Sec. 3. Laws 2001, First Special Session chapter 6, 15.15 article 1, section 54, subdivision 2, as amended by Laws 2002, 15.16 chapter 220, article 3, section 8, is amended to read: 15.17 Subd. 2. [GENERAL AND SUPPLEMENTAL EDUCATION AID.] (a) For 15.18 general and supplemental education aid: 15.19$3,404,787,000$3,414,168,000 ..... 2002 15.20$4,982,334,000$4,616,467,000 ..... 2003 15.21 The 2002 appropriation includes$323,767,000$333,756,000 15.22 for 2001 and$3,081,020,000$3,080,412,000 for 2002. 15.23 The 2003 appropriation includes$335,220,000$335,163,000 15.24 for 2002 and$4,647,114,000$4,281,304,000 for 2003. 15.25 (b) The fiscal year 2003 appropriation in paragraph (a) is 15.26 reduced by $1,901,000. 15.27 Sec. 4. Laws 2001, First Special Session chapter 6, 15.28 article 1, section 54, subdivision 4, as amended by Laws 2002, 15.29 chapter 220, article 4, section 3, is amended to read: 15.30 Subd. 4. [ABATEMENT AID.] For abatement aid according to 15.31 Minnesota Statutes, section 127A.49: 15.32 $5,698,000 ..... 2002 15.33$2,990,000$2,870,000 ..... 2003 15.34 The 2002 appropriation includes $640,000 for 2001 and 15.35 $5,058,000 for 2002. 15.36 The 2003 appropriation includes $562,000 for 2002 16.1 and$2,428,000$2,308,000 for 2003. 16.2 Sec. 5. Laws 2001, First Special Session chapter 6, 16.3 article 1, section 54, subdivision 5, as amended by Laws 2002, 16.4 chapter 220, article 4, section 4, is amended to read: 16.5 Subd. 5. [NONPUBLIC PUPIL AID.] For nonpublic pupil 16.6 education aid according to Minnesota Statutes, sections 123.79 16.7 and 123B.40 to 123B.43: 16.8$14,441,000$14,254,000 ..... 2002 16.9$15,977,000$14,259,000 ..... 2003 16.10 The 2002 appropriation includes $1,330,000 for 2001 and 16.11$13,111,000$12,924,000 for 2002. 16.12 The 2003 appropriation includes$1,457,000$1,436,000 for 16.13 2002 and$14,520,000$12,823,000 for 2003. 16.14 Sec. 6. Laws 2001, First Special Session chapter 6, 16.15 article 1, section 54, subdivision 6, as amended by Laws 2002, 16.16 chapter 220, article 4, section 5, is amended to read: 16.17 Subd. 6. [NONPUBLIC PUPIL TRANSPORTATION.] For nonpublic 16.18 pupil transportation aid under Minnesota Statutes, section 16.19 123B.92, subdivision 9: 16.20$20,635,000$20,634,000 ..... 2002 16.21$25,347,000$22,236,000 ..... 2003 16.22 The 2002 appropriation includes $2,000,000 for 2001 and 16.23$18,635,000$18,634,000 for 2002. 16.24 The 2003 appropriation includes$2,070,000$2,071,000 for 16.25 2002 and$23,277,000$20,165,000 for 2003. 16.26 Sec. 7. Laws 2001, First Special Session chapter 6, 16.27 article 1, section 54, subdivision 7, as amended by Laws 2002, 16.28 chapter 220, article 4, section 6, is amended to read: 16.29 Subd. 7. [CONSOLIDATION TRANSITION AID.] For districts 16.30 consolidating under Minnesota Statutes, section 123A.485: 16.31$531,000$539,000 ..... 2002 16.32$736,000$225,000 ..... 2003 16.33 The 2002 appropriation includes $44,000 for 2001 and 16.34$487,000$495,000 for 2002. 16.35 The 2003 appropriation includes $54,000 for 2002 16.36 and$682,000$171,000 for 2003. 17.1 Any balance in the first year does not cancel but is 17.2 available in the second year. 17.3 Sec. 8. Laws 2001, First Special Session chapter 6, 17.4 article 2, section 77, subdivision 4, as amended by Laws 2002, 17.5 chapter 220, article 4, section 7, is amended to read: 17.6 Subd. 4. [CHARTER SCHOOL BUILDING LEASE AID.] For building 17.7 lease aid under Minnesota Statutes, section 124D.11, subdivision 17.8 4: 17.9$12,323,000$12,286,000 ..... 2002 17.10$15,330,000$14,394,000 ..... 2003 17.11 The 2002 appropriation includes $1,114,000 for 2001 and 17.12$11,209,000$11,172,000 for 2002. 17.13 The 2003 appropriation includes$1,245,000$1,241,000 for 17.14 2002 and$14,085,000$13,153,000 for 2003. 17.15 Sec. 9. Laws 2001, First Special Session chapter 6, 17.16 article 2, section 77, subdivision 5, as amended by Laws 2002, 17.17 chapter 220, article 4, section 8, is amended to read: 17.18 Subd. 5. [CHARTER SCHOOL STARTUP GRANTS.] For charter 17.19 school startup cost aid under Minnesota Statutes, section 17.20 124D.11: 17.21$2,090,000$2,064,000 ..... 2002 17.22$1,549,000$1,456,000 ..... 2003 17.23 The 2002 appropriation includes $258,000 for 2001 17.24 and$1,832,000$1,806,000 for 2002. 17.25 The 2003 appropriation includes$204,000$200,000 for 2002 17.26 and$1,345,000$1,256,000 for 2003. 17.27 Sec. 10. Laws 2001, First Special Session chapter 6, 17.28 article 2, section 77, subdivision 6, is amended to read: 17.29 Subd. 6. [CHARTER SCHOOL INTEGRATION AID.] For grants to 17.30 charter schools to promote integration and desegregation under 17.31 Minnesota Statutes, section 124D.11, subdivision 6, paragraph 17.32 (e): 17.33 $45,000 ..... 2002 17.34$50,000$47,000 ..... 2003 17.35 The 2002 appropriation includes $0 for 2001 and $45,000 for 17.36 2002. 18.1 The 2003 appropriation includes $5,000 for 2002 and 18.2$45,000$42,000 for 2003. 18.3 Any balance in the first year does not cancel but is 18.4 available in the second year. 18.5 Sec. 11. Laws 2001, First Special Session chapter 6, 18.6 article 2, section 77, subdivision 8, as amended by Laws 2002, 18.7 chapter 220, article 4, section 9, is amended to read: 18.8 Subd. 8. [INTEGRATION AID.] For integration aid: 18.9$63,421,000$63,311,000 ..... 2002 18.10$53,890,000$50,418,000 ..... 2003 18.11 The 2002 appropriation includes $5,729,000 for 2001 and 18.12$57,692,000$57,582,000 for 2002. 18.13 The 2003 appropriation includes$6,410,000$6,398,000 for 18.14 2002 and$47,480,000$44,020,000 for 2003. 18.15 Sec. 12. Laws 2001, First Special Session chapter 6, 18.16 article 2, section 77, subdivision 11, as amended by Laws 2002, 18.17 chapter 220, article 4, section 10, is amended to read: 18.18 Subd. 11. [MAGNET SCHOOL STARTUP AID.] For magnet school 18.19 startup aid under Minnesota Statutes, section 124D.88: 18.20$475,000$448,000 ..... 2002 18.21$298,000$326,000 ..... 2003 18.22 The 2002 appropriation includes $25,000 for 2001 and 18.23$450,000$423,000 for 2002. 18.24 The 2003 appropriation includes$50,000$47,000 for 2002 18.25 and$248,000$279,000 for 2003. 18.26 Sec. 13. Laws 2001, First Special Session chapter 6, 18.27 article 2, section 77, subdivision 15, as amended by Laws 2002, 18.28 chapter 220, article 4, section 11, is amended to read: 18.29 Subd. 15. [SUCCESS FOR THE FUTURE.] For American Indian 18.30 success for the future grants according to Minnesota Statutes, 18.31 section 124D.81: 18.32 $1,924,000 ..... 2002 18.33$2,137,000$1,987,000 ..... 2003 18.34 The 2002 appropriation includes $0 for 2001 and $1,924,000 18.35 for 2002. 18.36 The 2003 appropriation includes $213,000 for 2002 19.1 and$1,924,000$1,774,000 for 2003. 19.2 Sec. 14. Laws 2001, First Special Session chapter 6, 19.3 article 2, section 77, subdivision 18, as amended by Laws 2002, 19.4 chapter 220, article 4, section 12, is amended to read: 19.5 Subd. 18. [TRIBAL CONTRACT SCHOOLS.] For tribal contract 19.6 school aid under Minnesota Statutes, section 124D.83: 19.7$2,304,000$2,147,000 ..... 2002 19.8$2,408,000$2,221,000 ..... 2003 19.9 The 2002 appropriation includes $192,000 for 2001 and 19.10$2,112,000$1,955,000 for 2002. 19.11 The 2003 appropriation includes$235,000$217,000 for 2002 19.12 and$2,173,000$2,004,000 for 2003. 19.13 Sec. 15. Laws 2001, First Special Session chapter 6, 19.14 article 3, section 21, subdivision 2, as amended by Laws 2002, 19.15 chapter 220, article 4, section 13, is amended to read: 19.16 Subd. 2. [SPECIAL EDUCATION AID.] For special education 19.17 aid according to Minnesota Statutes, section 125A.75: 19.18$507,841,000$507,928,000 ..... 2002 19.19$532,282,000$495,032,000 ..... 2003 19.20 The 2002 appropriation includes $47,400,000 for 2001 and 19.21$460,441,000$460,528,000 for 2002. 19.22 The 2003 appropriation includes$51,160,000$51,170,000 for 19.23 2002 and$481,122,000$443,862,000 for 2003. 19.24 Sec. 16. Laws 2001, First Special Session chapter 6, 19.25 article 3, section 21, subdivision 3, as amended by Laws 2002, 19.26 chapter 220, article 4, section 14, is amended to read: 19.27 Subd. 3. [AID FOR CHILDREN WITH A DISABILITY.] For aid 19.28 according to Minnesota Statutes, section 125A.75, subdivision 3, 19.29 for children with a disability placed in residential facilities 19.30 within the district boundaries for whom no district of residence 19.31 can be determined: 19.32$1,358,000$1,346,000 ..... 2002 19.33$3,161,000$2,363,000 ..... 2003 19.34 If the appropriation for either year is insufficient, the 19.35 appropriation for the other year is available. 19.36 Any balance in the first year does not cancel but is 20.1 available in the second year. 20.2 Sec. 17. Laws 2001, First Special Session chapter 6, 20.3 article 3, section 21, subdivision 4, as amended by Laws 2002, 20.4 chapter 220, article 4, section 15, is amended to read: 20.5 Subd. 4. [TRAVEL FOR HOME-BASED SERVICES.] For aid for 20.6 teacher travel for home-based services according to Minnesota 20.7 Statutes, section 125A.75, subdivision 1: 20.8$143,000$139,000 ..... 2002 20.9$148,000$134,000 ..... 2003 20.10 The 2002 appropriation includes$14,000$13,000 for 2001 20.11 and$129,000$126,000 for 2002. 20.12 The 2003 appropriation includes$15,000$14,000 for 2002 20.13 and$133,000$120,000 for 2003. 20.14 Sec. 18. Laws 2001, First Special Session chapter 6, 20.15 article 3, section 21, subdivision 5, as amended by Laws 2002, 20.16 chapter 220, article 4, section 16, is amended to read: 20.17 Subd. 5. [SPECIAL EDUCATION EXCESS COST AID.] For excess 20.18 cost aid: 20.19$103,061,000$92,622,000 ..... 2002 20.20$105,289,000$60,372,000 ..... 2003 20.21 The 2002 appropriation includes $9,889,000 for 2001 and 20.22$93,172,000$82,733,000 for 2002. 20.23 The 2003 appropriation includes$10,352,000$9,192,000 for 20.24 2002 and$94,937,000$51,180,000 for 2003. 20.25 Sec. 19. Laws 2001, First Special Session chapter 6, 20.26 article 3, section 21, subdivision 7, as amended by Laws 2002, 20.27 chapter 220, article 4, section 17, is amended to read: 20.28 Subd. 7. [TRANSITION PROGRAMS; STUDENTS WITH 20.29 DISABILITIES.] For aid for transition programs for pupils with 20.30 disabilities according to Minnesota Statutes, section 124D.454: 20.31$8,960,000$8,962,000 ..... 2002 20.32$8,952,000$8,328,000 ..... 2003 20.33 The 2002 appropriation includes $896,000 for 2001 and 20.34$8,064,000$8,066,000 for 2002. 20.35 The 2003 appropriation includes $896,000 for 2002 20.36 and$8,056,000$7,432,000 for 2003. 21.1 Sec. 20. Laws 2001, First Special Session chapter 6, 21.2 article 4, section 27, subdivision 2, as amended by Laws 2002, 21.3 chapter 220, article 4, section 18, is amended to read: 21.4 Subd. 2. [HEALTH AND SAFETY AID.] For health and safety 21.5 aid according to Minnesota Statutes, section 123B.57, 21.6 subdivision 5: 21.7$13,630,000$12,280,000 ..... 2002 21.8$10,800,000$ 9,085,000 ..... 2003 21.9 The 2002 appropriation includes $1,480,000 for 2001 and 21.10$12,150,000$10,800,000 for 2002. 21.11 The 2003 appropriation includes$1,350,000$1,200,000 for 21.12 2002 and$9,450,000$7,885,000 for 2003. 21.13 Sec. 21. Laws 2001, First Special Session chapter 6, 21.14 article 4, section 27, subdivision 3, as amended by Laws 2002, 21.15 chapter 220, article 4, section 19, is amended to read: 21.16 Subd. 3. [DEBT SERVICE AID.] For debt service aid 21.17 according to Minnesota Statutes, section 123B.53, subdivision 6: 21.18 $25,987,000 ..... 2002 21.19$31,892,000$29,941,000 ..... 2003 21.20 The 2002 appropriation includes $2,890,000 for 2001 and 21.21 $23,097,000 for 2002. 21.22 The 2003 appropriation includes $2,566,000 for 2002 21.23 and$29,326,000$27,375,000 for 2003. 21.24 Sec. 22. Laws 2001, First Special Session chapter 6, 21.25 article 4, section 27, subdivision 5, as amended by Laws 2002, 21.26 chapter 220, article 4, section 20, is amended to read: 21.27 Subd. 5. [ALTERNATIVE FACILITIES BONDING AID.] For 21.28 alternative facilities bonding aid, according to Minnesota 21.29 Statutes, section 123B.59, subdivision 1: 21.30 $19,280,000 ..... 2002 21.31$19,287,000$17,937,000 ..... 2003 21.32 The 2002 appropriation includes $1,921,000 for 2001 and 21.33 $17,359,000 for 2002. 21.34 The 2003 appropriation includes $1,928,000 for 2002 21.35 and$17,359,000$16,009,000 for 2003. 21.36 Sec. 23. Laws 2001, First Special Session chapter 6, 22.1 article 5, section 13, subdivision 3, is amended to read: 22.2 Subd. 3. [SCHOOL BREAKFAST.] For school breakfast aid 22.3 under Minnesota Statutes, section 124D.115: 22.4 $640,000 ..... 2002 22.5$700,000$680,000 ..... 2003 22.6 Sec. 24. [EFFECTIVE DATE.] 22.7 This article is effective the day following final enactment. 22.8 ARTICLE 4 22.9 K-12 EDUCATION 22.10 Section 1. Minnesota Statutes 2000, section 124D.69, is 22.11 amended by adding a subdivision to read: 22.12 Subd. 3. [UNCOMMON SCHOOLS SERVING STUDENTS WITH CHEMICAL 22.13 DEPENDENCIES; ALLOCATION OF FUNDS.] In addition to the amounts 22.14 provided in section 124D.68, subdivision 9, a school district 22.15 may allocate funds from its undesignated general fund to a 22.16 private contracted alternative program, including a private 22.17 contracted alternative program that is tuition free and provides 22.18 a comprehensive secondary academic program for students who have 22.19 been assessed chemically dependent and who have completed a 22.20 licensed treatment program for chemical dependency. 22.21 Sec. 2. Minnesota Statutes 2000, section 125A.65, 22.22 subdivision 1, is amended to read: 22.23 Subdivision 1. [RESPONSIBILITY ALLOCATED.] Responsibility 22.24 for special instruction and services for avisually22.25disabledblind/visually impaired orhearing impaireddeaf/hard 22.26 of hearing child attending the Minnesota state academy for the 22.27 deaf or the Minnesota state academy for the blind must be 22.28 determined in subdivisions 2 to 10. 22.29 Sec. 3. Minnesota Statutes 2000, section 125A.65, 22.30 subdivision 3, is amended to read: 22.31 Subd. 3. [EDUCATIONAL PROGRAM; TUITION.] When it is 22.32 determined pursuant to section 125A.69, subdivision 1 or 2, that 22.33 the child is entitled to attend either school, the board of the 22.34 Minnesota state academies must provide the appropriate 22.35 educational program for the child. The board of the Minnesota 22.36 state academies must make a tuition charge to the child's 23.1 district of residence for the cost of providing the program. 23.2 The amount of tuition charged must not exceed thebasic revenue23.3of the districtgeneral education revenue formula allowance 23.4 times the pupil unit weighting factor pursuant to section 23.5 126C.05 for that child, for the amount of time the child is in 23.6 the program.For purposes of this subdivision, "basic revenue"23.7has the meaning given it in section 126C.10, subdivision 2.The 23.8 district of the child's residence must pay the tuition and may 23.9 claim general education aid for the child. Tuition received by 23.10 the board of the Minnesota state academies, except for tuition 23.11 received under subdivision 4, must be deposited in the state 23.12 treasury as provided in subdivision 8. 23.13 Sec. 4. Minnesota Statutes 2000, section 125A.65, 23.14 subdivision 8, is amended to read: 23.15 Subd. 8. [STUDENT COUNT; TUITION.] (a) On May 1of each23.16year, 1996, and each year thereafter, the board of the Minnesota 23.17 state academies shall count the actual number of Minnesota 23.18 residentkindergarten and elementary students and the actual23.19number of Minnesota resident secondaryspecial education 23.20 eligible students enrolled and receiving education services at 23.21 the Minnesota state academy for the deaf and the Minnesota state 23.22 academy for the blind. The board of the Minnesota state 23.23 academies shall deposit in the state treasury an amount equal to 23.24 all tuition received less:the amount calculated in paragraph 23.25 (b). 23.26(1) the total number of students on May 1 less 175, times23.27the ratio of the number of kindergarten and elementary students23.28to the total number of students on May 1, times the general23.29education formula allowance; plus23.30(2) the total number of students on May 1 less 175, times23.31the ratio of the number of secondary students on May 1 to the23.32total number of students on May 1, times 1.3, times the general23.33education formula allowance.23.34 (b) The Minnesota state academies shall credit to their 23.35 general operation account an amount equal to the tuition 23.36 received which represents tuition earned for the total number of 24.1 students over 175 based on: 24.2 (1) the total number of enrolled students on May 1 less 24.3 175; times 24.4 (2) the ratio of the number of students in that grade 24.5 category to the total number of students on May 1; times 24.6 (3) the general education revenue formula allowance; times 24.7 (4) the pupil unit weighting factor pursuant to section 24.8 126C.05. 24.9 Sec. 5. Minnesota Statutes 2000, section 125A.65, 24.10 subdivision 9, is amended to read: 24.11 Subd. 9. [CALCULATION.] The sum provided by the 24.12 calculation in subdivision 8, clauses (1) and (2),must be 24.13 deposited in the state treasury and credited to the general 24.14 operation account of theacademy for the deaf and the academy24.15for the blindMinnesota state academy for the deaf and the 24.16 Minnesota state academy for the blind. 24.17 Sec. 6. Minnesota Statutes 2001 Supplement, section 24.18 126C.10, subdivision 13, is amended to read: 24.19 Subd. 13. [TOTAL OPERATING CAPITAL REVENUE.] (a) For 24.20 fiscal year 2000 and thereafter, total operating capital revenue 24.21 for a district equals the amount determined under paragraph (b) 24.22 or (c), plus $73 times the adjusted marginal cost pupil units 24.23 for the school year. The revenue must be placed in a reserved 24.24 account in the general fund and may only be used according to 24.25 paragraph (d) or subdivision 14. 24.26 (b) For fiscal years 2000 and later, capital revenue for a 24.27 district equals $100 times the district's maintenance cost index 24.28 times its adjusted marginal cost pupil units for the school year. 24.29 (c) For fiscal years 2000 and later, the revenue for a 24.30 district that operates a program under section 124D.128, is 24.31 increased by an amount equal to $30 times the number of marginal 24.32 cost pupil units served at the site where the program is 24.33 implemented. 24.34 (d) For fiscal years 2001and, 2002, and 2003, the district 24.35 must reserve an amount equal to $5 per adjusted marginal cost 24.36 pupil unit for telecommunication access costs. Reserve revenue 25.1 under this paragraph must first be used to pay for ongoing or 25.2 recurring telecommunication access costs, including access to 25.3 data and video connections, including Internet access. Any 25.4 revenue remaining after covering all ongoing or recurring access 25.5 costs may be used for computer hardware or equipment. 25.6 Sec. 7. Minnesota Statutes 2001 Supplement, section 25.7 126C.17, subdivision 7, is amended to read: 25.8 Subd. 7. [REFERENDUM EQUALIZATION AID.] (a) A district's 25.9 referendum equalization aid equals the difference between its 25.10 referendum equalization revenue and levy. 25.11 (b) If a district's actual levy for first or second tier 25.12 referendum equalization revenue is less than its maximum levy 25.13 limit for that tier, aid shall be proportionately reduced. 25.14 (c) Notwithstanding paragraph (a), the referendum 25.15 equalization aid for a district, where the referendum 25.16 equalization aid under paragraph (a) exceeds 90 percent of the 25.17 referendum revenue, must not exceed 18.2 percent of the formula 25.18 allowance times the district's resident marginal cost pupil 25.19 units. A district's referendum levy is increased by the amount 25.20 of any reduction in referendum aid under this paragraph. 25.21[EFFECTIVE DATE.] This section is effective for operating 25.22 referendum elections January 1, 2002, and later. 25.23 Sec. 8. Laws 2001, First Special Session chapter 6, 25.24 article 7, section 14, as amended by Laws 2002, chapter 220, 25.25 article 3, section 16, is amended to read: 25.26 Sec. 14. [APPROPRIATIONS; PERPICH CENTER FOR ARTS 25.27 EDUCATION.] 25.28 The sums indicated in this section are appropriated from 25.29 the general fund to the Perpich Center for Arts Education for 25.30 the fiscal years designated: 25.31$7,431,000$7,681,000 ..... 2002 25.32$7,316,000$7,816,000 ..... 2003 25.33 $150,000 each year is to extend the partnership network to 25.34 up to five new partnership sites and for developing 25.35 whole-school, arts-based teaching and learning curriculum at new 25.36 sites. 26.1 Any balance in the first year does not cancel but is 26.2 available in the second year. 26.3 Sec. 9. [REFERENDUM TRANSFER ADJUSTMENT.] 26.4 Notwithstanding Minnesota Statutes, section 126C.17, 26.5 subdivision 1, paragraph (b), for fiscal year 2003 and later, 26.6 the initial referendum allowance for independent school district 26.7 No. 709, Duluth, equals the sum of the allowance under Minnesota 26.8 Statutes, section 126C.16, subdivision 2, plus the referendum 26.9 conversion allowance approved under Minnesota Statutes, section 26.10 126C.17, subdivision 13, minus $373. If the district has more 26.11 than one referendum authority, the reduction must be computed 26.12 separately for each authority. The reduction must be applied 26.13 first to the referendum authority with the earliest expiration 26.14 date. The district's initial referendum allowance may not be 26.15 less than zero. 26.16 Sec. 10. [DECLINING PUPIL UNIT AID; ALBERT LEA.] 26.17 Subdivision 1. [FISCAL YEAR 2003.] For fiscal year 2003, 26.18 independent school district No. 241, Albert Lea, is eligible for 26.19 declining enrollment aid equal to $300,000. 26.20 Subd. 2. [FISCAL YEAR 2004.] For fiscal year 2004, 26.21 independent school district No. 241, Albert Lea, is eligible for 26.22 declining enrollment aid equal to 75 percent of the fiscal year 26.23 2003 appropriation in subdivision 1. 26.24 Subd. 3. [FISCAL YEAR 2005.] For fiscal year 2005, 26.25 independent school district No. 241, Albert Lea, is eligible for 26.26 declining enrollment aid equal to 50 percent of the fiscal year 26.27 2003 appropriation in subdivision 1. 26.28 Subd. 4. [FISCAL YEAR 2006.] For fiscal year 2006, 26.29 independent school district No. 241, Albert Lea, is eligible for 26.30 declining enrollment aid equal to 25 percent of the fiscal year 26.31 2003 appropriation in subdivision 1. 26.32 Sec. 11. [DECLINING ENROLLMENT; LTV DISLOCATION.] 26.33 Subdivision 1. [FISCAL YEAR 2003.] For fiscal year 2003, 26.34 independent school district No. 2711, Mesabi East, is eligible 26.35 for declining enrollment aid equal to $200,000. 26.36 Subd. 2. [FISCAL YEAR 2004.] For fiscal year 2004, 27.1 independent school district No. 2711, Mesabi East, is eligible 27.2 for declining enrollment aid equal to 75 percent of the amount 27.3 that the district received in the fiscal year 2003 appropriation 27.4 in subdivision 1. 27.5 Subd. 3. [FISCAL YEAR 2005.] For fiscal year 2005, 27.6 independent school district No. 2711, Mesabi East, is eligible 27.7 for declining enrollment aid equal to 50 percent of the amount 27.8 that the district received in the fiscal year 2003 appropriation 27.9 in subdivision 1. 27.10 Subd. 4. [FISCAL YEAR 2006.] For fiscal year 2006, 27.11 independent school district No. 2711, Mesabi East, is eligible 27.12 for declining enrollment aid equal to 25 percent of the amount 27.13 that the district received in the fiscal year 2003 appropriation 27.14 in subdivision 1. 27.15[EFFECTIVE DATE.] This section is effective the day 27.16 following final enactment. 27.17 Sec. 12. [FUND TRANSFER; BUTTERFIELD.] 27.18 Notwithstanding Minnesota Statutes, section 123B.79 or 27.19 123B.80, on June 30, 2002, independent school district No. 836, 27.20 Butterfield, may permanently transfer up to $117,000 from its 27.21 reserves for operating capital account in its general fund to 27.22 the undesignated fund balance. 27.23[EFFECTIVE DATE.] This section is effective the day 27.24 following final enactment. 27.25 Sec. 13. [FUND TRANSFER; TRUMAN.] 27.26 Notwithstanding Minnesota Statutes, section 123B.79 or 27.27 123B.80, on June 30, 2002, independent school district No. 458, 27.28 Truman, may permanently transfer up to $500,000 from its 27.29 reserves for operating capital account in its general fund to 27.30 the undesignated fund balance. 27.31[EFFECTIVE DATE.] This section is effective the day 27.32 following final enactment. 27.33 Sec. 14. [APPROPRIATION.] 27.34 (a) $300,000 in fiscal year 2003 is appropriated from the 27.35 general fund to the commissioner of children, families, and 27.36 learning for declining pupil unit aid to independent school 28.1 district No. 241, Albert Lea. 28.2 (b) In addition to the amounts appropriated for general and 28.3 supplemental education aid, $295,000 in fiscal year 2003 is 28.4 appropriated from the general fund to the commissioner of 28.5 children, families, and learning for the aid portion of the 28.6 referendum transfer adjustment for independent school district 28.7 No. 709, Duluth. 28.8 (c) $200,000 in fiscal year 2003 is appropriated from the 28.9 general fund to the commissioner of children, families, and 28.10 learning for declining pupil unit aid to independent school 28.11 district No. 2711, Mesabi East. 28.12 Sec. 15. [EFFECTIVE DATE.] 28.13 Except as otherwise provided in this article, this article 28.14 is effective the day following final enactment. 28.15 ARTICLE 5 28.16 HIGHER EDUCATION 28.17 Section 1. Minnesota Statutes 2000, section 136A.121, 28.18 subdivision 7, is amended to read: 28.19 Subd. 7. [INSUFFICIENT APPROPRIATION.] If the amount 28.20 appropriated is determined by the office to be insufficient to 28.21 make full awards to applicants under subdivision 5, before any 28.22 award for that year has been disbursed, awards must be reduced 28.23 by 28.24 (1) adding a surcharge tothe contribution ofthe 28.25 applicant'sparents, andassigned family responsibility, as 28.26 defined in section 136A.101, subdivision 5a; and 28.27 (2) a percentage increase in the applicant'scontribution28.28 assigned student responsibility, as defined in subdivision 5. 28.29 Sec. 2. [STATE GRANT APPROPRIATION.] 28.30 $5,000,000 is appropriated from the general fund to the 28.31 higher education services office to make state grants. This 28.32 appropriation is added to the appropriation in Laws 2001, First 28.33 Special Session chapter 1, article 1, section 2, subdivision 2, 28.34 for fiscal year 2002. 28.35 The higher education services office, by July 1, 2002, must 28.36 make a determination of the projected sufficiency or deficiency 29.1 in state money available for the state grant program to make 29.2 full state grant awards through fiscal year 2003. If it is 29.3 determined that a deficiency is projected, then, notwithstanding 29.4 Minnesota Statutes, section 136A.121, subdivision 7, the higher 29.5 education services office shall immediately transfer to the 29.6 state grant appropriation from the work study appropriation and 29.7 notwithstanding Minnesota Statutes, section 136A.125, 29.8 subdivision 4c, from the child care grant appropriation in Laws 29.9 2001, First Special Session chapter 1, article 1, section 2, the 29.10 amount necessary to make full state grant awards in fiscal year 29.11 2003. If state money available for the state grant program 29.12 continues to be insufficient to make full state grant awards 29.13 after the initial transfers, subsequent transfers must be made 29.14 before any reduction in state grant awards under Minnesota 29.15 Statutes, section 136A.121, subdivision 7, is made. 29.16 Sec. 2. [EFFECTIVE DATE.] 29.17 This article is effective the day following final enactment. 29.18 ARTICLE 6 29.19 ENVIRONMENT AND NATURAL RESOURCES 29.20 Section 1. [SCORE BLOCK GRANT APPROPRIATION SHIFT.] 29.21 $9,000,000 of the appropriation in Laws 2001, First Special 29.22 Session chapter 2, section 3, from the general fund to the 29.23 office of environmental assistance for SCORE block grants to 29.24 counties in fiscal year 2003 is canceled. This is a onetime 29.25 reduction and the same amount must be restored to the general 29.26 fund budget base for fiscal year 2004. 29.27 $9,000,000 is appropriated from the solid waste fund to the 29.28 office of environmental assistance for SCORE block grants to 29.29 counties in fiscal year 2003. This is a onetime appropriation. 29.30[EFFECTIVE DATE.] This section is effective the day 29.31 following final enactment. 29.32 Sec. 2. Minnesota Statutes 2000, section 115A.557, 29.33 subdivision 1, is amended to read: 29.34 Subdivision 1. [DISTRIBUTION; FORMULA.] Any funds 29.35 appropriated to the director for the purpose of distribution to 29.36 counties under this section must be distributed each fiscal year 30.1 by the director based on population, except a county may not 30.2 receive less than $55,000 in a fiscal year. If the amount 30.3 available for distribution under this section is less than the 30.4 amount available in fiscal year 2001, the minimum county payment 30.5 under this section is reduced proportionately. For purposes of 30.6 this subdivision, "population" has the definition given in 30.7 section 477A.011, subdivision 3. A county that participates in 30.8 a multicounty district that manages solid waste and that has 30.9 responsibility for recycling programs as authorized in section 30.10 115A.552, must pass through to the districts funds received by 30.11 the county in excess of the$55,000 annual baseminimum county 30.12 payment under this section in proportion to the population of 30.13 the county served by that district. 30.14[EFFECTIVE DATE.] This section is effective the day 30.15 following final enactment. 30.16 Sec. 3. Minnesota Statutes 2000, section 115A.96, 30.17 subdivision 2, is amended to read: 30.18 Subd. 2. [MANAGEMENT PROGRAM.] Theagencyoffice shall 30.19 establish a statewide program to manage household hazardous 30.20 wastes. The program must include: 30.21 (1) the establishment and operation of collection sites; 30.22 and 30.23 (2) the provision of information, education, and technical 30.24 assistance regarding proper management of household hazardous 30.25 wastes. 30.26[EFFECTIVE DATE.] This section is effective July 1, 2003. 30.27 Sec. 4. Minnesota Statutes 2000, section 115A.96, 30.28 subdivision 3, is amended to read: 30.29 Subd. 3. [OTHER PARTICIPANTS.] (a) Theagencyoffice may 30.30 establish or operate all or part of the management program or 30.31 may provide for services by contract or other agreement with 30.32 public or private entities. 30.33 (b) Theagencyoffice shall allow these programs to accept 30.34 up to 100 pounds of waste per year from a hazardous waste 30.35 generator that generates 220 pounds or less of hazardous waste 30.36 per month. 31.1[EFFECTIVE DATE.] This section is effective July 1, 2003. 31.2 Sec. 5. Minnesota Statutes 2000, section 115A.96, 31.3 subdivision 4, is amended to read: 31.4 Subd. 4. [MANAGEMENT.] Any person who establishes or 31.5 operates all or part of a household hazardous waste management 31.6 program shall manage collected waste in compliance with 31.7 standards applicable to a hazardous waste generator. If 31.8 collected waste must be stored for a time exceeding those 31.9 standards, theagencyoffice or other entity shall obtain the 31.10 approval of the commissioner of the agency and shall manage the 31.11 waste in compliance with applicable standards for the use and 31.12 management of containers, but no facility permit is required. 31.13 Waste accepted under subdivision 3, paragraph (b), must be 31.14 managed in accordance with standards applicable to the waste. 31.15[EFFECTIVE DATE.] This section is effective July 1, 2003. 31.16 Sec. 6. Minnesota Statutes 2000, section 115A.96, 31.17 subdivision 5, is amended to read: 31.18 Subd. 5. [OTHER PROGRAMS.] A person must notify the 31.19 commissioner of the agency and director of the office before 31.20 establishing and operating any part of a household hazardous 31.21 waste management program. 31.22[EFFECTIVE DATE.] This section is effective July 1, 2003. 31.23 Sec. 7. Minnesota Statutes 2000, section 115A.96, 31.24 subdivision 7, as added by Laws 2002, chapter 265, section 2, is 31.25 amended to read: 31.26 Subd. 7. [INDEMNIFICATION; MUNICIPALITIES.] (a) A 31.27 municipality, when operating or participating in a household 31.28 hazardous waste management program pursuant to a contract with 31.29 theagencyoffice under this section or other law, is an 31.30 employee of the state, certified to be acting within the scope 31.31 of employment, for purposes of the indemnification provisions of 31.32 section 3.736, subdivision 9, for claims that arise out of the 31.33 transportation, management, or disposal of any waste covered by 31.34 the contract: 31.35 (1) from and after the time the waste permanently leaves 31.36 the municipality's possession and comes into the possession of 32.1 theagency'soffice's authorized transporter; and 32.2 (2) during the time the waste is transported between the 32.3 municipality's facilities by theagency'soffice's authorized 32.4 transporter. 32.5 (b) The state is not obligated to defend or indemnify a 32.6 municipality under this subdivision to the extent of the 32.7 municipality's liability insurance. The municipality's right to 32.8 indemnity is not a waiver of the limitations, defenses, and 32.9 immunities available to either the municipality or the state by 32.10 law. 32.11[EFFECTIVE DATE.] This section is effective July 1, 2003. 32.12 Sec. 8. Laws 2002, chapter 220, article 8, section 15, is 32.13 amended to read: 32.14 Sec. 15. [INCREASE TO WATER QUALITY PERMIT FEES.] 32.15 (a) The pollution control agency shall collect water 32.16 quality permit application and annual fees that reflect the fees 32.17 in Minnesota Rules, part 7002.0310, increased to the amounts 32.18 described in paragraphs (b) to (g). 32.19 (b) The application fee for individual permits, general 32.20 permits, and general industrial stormwater permits is $240. 32.21 (c) The annual fees for individual National Pollutant 32.22 Discharge Elimination System permits for major municipal 32.23 facilities are as follows: 32.24 Design Flow in 32.25 Million Gallons Per Day Annual Fee 32.27 50 and over$175,750$175,500 32.28 20 to 49.99 $40,350 32.29 5 to 19.99 $14,350 32.30 Up to 4.99 $5,900 32.31 (d) The annual fees for individual National Pollutant 32.32 Discharge Elimination System permits for major nonmunicipal 32.33 facilities are as follows: 32.34 Design Flow in 32.35 Million Gallons Per Day Annual Fee 32.37 20 to 49.99 $44,200 32.38 5 to 19.99 $18,250 32.39 Up to 4.99 $8,450 32.40 Cooling or mine pit 32.41 dewatering (any flow) $16,900 32.42 (e) The annual fees for individual National Pollutant 33.1 Discharge Elimination System and State Disposal System permits 33.2 for nonmajor municipal facilities with design flows greater than 33.3 0.100 million gallons per day are $1,450. 33.4 (f) The annual fees for general industrial stormwater 33.5 permits are $280. 33.6 (g) The annual fees for general National Pollutant 33.7 Discharge Elimination System and State Disposal System permits 33.8 are $345. 33.9 (h) The application and annual fees are not increased for 33.10 general construction stormwater permits and sanitary sewer 33.11 extension permits. The annual fees are not increased for 33.12 National Pollutant Discharge Elimination System and State 33.13 Disposal System permits regulating municipal nonmajors with 33.14 facility design flow of 0 to .100, sewage sludge landspreading 33.15 facilities, and nonmajor nonmunicipal facilities. 33.16 (i) The increased permit fees are effective July 1, 2002. 33.17 The agency shall adopt amended water quality permit fee rules 33.18 incorporating the permit fee increases in this subdivision under 33.19 Minnesota Statutes, section 14.389. The pollution control 33.20 agency shall begin collecting the increased permit fees on July 33.21 1, 2002, even if the rule adoption process has not been 33.22 initiated or completed. Notwithstanding Minnesota Statutes, 33.23 section 14.18, subdivision 2, the increased permit fees 33.24 reflecting the permit fee increases in this section and the rule 33.25 amendments incorporating those permit fee increases do not 33.26 require further legislative approval. 33.27[EFFECTIVE DATE.] This section is effective the day 33.28 following final enactment. 33.29 Sec. 9. [HOUSEHOLD HAZARDOUS WASTE PROGRAM TRANSFER.] 33.30 Responsibility for the household hazardous waste program is 33.31 transferred under Minnesota Statutes, section 15.039, from the 33.32 pollution control agency to the office of environmental 33.33 assistance on July 1, 2003. The amount of base funding to be 33.34 transferred is $1,041,000 from the solid waste fund. 33.35 Sec. 10. [DIRECTOR OF THE OFFICE OF ENVIRONMENTAL 33.36 ASSISTANCE; APPOINTING AUTHORITY.] 34.1 The governor is encouraged to evaluate the advantages and 34.2 disadvantages associated with making the governor the appointing 34.3 authority for the director of environmental assistance, instead 34.4 of the commissioner of the pollution control agency as required 34.5 by Minnesota Statutes, section 115A.055, subdivision 1. 34.6[EFFECTIVE DATE.] This section is effective the day 34.7 following final enactment. 34.8 ARTICLE 7 34.9 STATE GOVERNMENT 34.10 Section 1. [STATE GOVERNMENT APPROPRIATIONS.] 34.11 The dollar amounts in the columns under "APPROPRIATIONS" 34.12 are added to or, if shown in parentheses, are subtracted from 34.13 the appropriations in Laws 2001, First Special Session chapter 34.14 10, or other law to the specified agencies. The appropriations 34.15 are from the general fund or other named fund and are available 34.16 for the fiscal years indicated for each purpose. The figure 34.17 "2002" or "2003" means that the addition to or subtraction from 34.18 the appropriations listed under the figure are for the fiscal 34.19 year ending June 30, 2002, or June 30, 2003, respectively. 34.20 SUMMARY BY FUND 34.21 2002 2003 TOTAL 34.22 APPROPRIATIONS 34.23 General $ (2,995,000) $ (1,620,000)$ (4,615,000) 34.24 TRANSFERS IN (2,000,000) -0- (2,000,000) 34.25 APPROPRIATIONS 34.26 Available for the Year 34.27 Ending June 30 34.28 2002 2003 34.29 Sec. 2. LEGISLATURE 34.30 Subdivision 1. Total 34.31 Appropriation (3,000,000) (2,000,000) 34.32 Subd. 2. Senate 34.33 (1,000,000) (1,000,000) 34.34 Subd. 3. House of Representatives 34.35 (2,000,000) (1,000,000) 34.36 $1,000,000 of the reduction in the 34.37 first year is from amounts previously 34.38 carried forward under Minnesota 34.39 Statutes, section 16A.281. 35.1 Sec. 3. GOVERNOR -0- 375,000 35.2 $200,000 is to the office of the 35.3 governor to reopen the governor's 35.4 residence and make it available for 35.5 public use. 35.6 $175,000 is to the commissioner of 35.7 public safety to provide security at 35.8 the governor's residence. 35.9 Sec. 4. ADMINISTRATION 35.10 $2,000,000 of the balance in the State 35.11 Building Code account in the state 35.12 government special revenue fund as of 35.13 June 30, 2002, is canceled and must be 35.14 transferred to the general fund. 35.15 Sec. 5. UNIFORM LAWS COMMISSION 5,000 5,000 35.16 These appropriations are added to the 35.17 appropriations in Laws 2001, First 35.18 Special Session chapter 8, article 4, 35.19 section 8. 35.20 Sec. 6. Minnesota Statutes 2000, section 16A.28, 35.21 subdivision 6, is amended to read: 35.22 Subd. 6. [CANCELED OCTOBER 15.] On October 15 all 35.23 allotments and encumbrances for the last fiscal year shall be 35.24 canceled unless an agency head certifies to the commissioner 35.25 that there is an encumbrance for services renderedor, goods 35.26 ordered, or grants issued in the last fiscal year, or certifies 35.27 that funding will be carried forward under subdivision 35.28 1. Encumbrances for grants issued by June 30 may be certified 35.29 for a period of one year beyond the year in which the funds were 35.30 originally appropriated. Services rendered under grant 35.31 contracts may occur during the certification period. The 35.32 commissioner may:reinstate the part of the cancellation needed 35.33 to meet the certified encumbrance or charge the certified 35.34 encumbrance against the current year's appropriation. 35.35 Sec. 7. Minnesota Statutes 2000, section 16B.27, is 35.36 amended by adding a subdivision to read: 35.37 Subd. 6. [USE BY NONSTATE ENTITIES.] A nonstate entity 35.38 using the governor's residence must pay the state for all direct 35.39 and indirect costs associated with use of the facility. 35.40 Sec. 8. Laws 1997, chapter 202, article 2, section 61, as 35.41 amended by Laws 1999, chapter 250, article 1, section 106, and 35.42 Laws 2001, First Special Session chapter 10, article 2, section 36.1 85, is amended to read: 36.2 Sec. 61. [VOLUNTARY UNPAID LEAVE OF ABSENCE.] 36.3 Appointing authorities in state government may allow each 36.4 employee to take an unpaid leave of absence for up to 320 hours 36.5 during the period ending June 30, 2003, and an additional 160 36.6 hours during the period beginning July 1, 2003, and ending June 36.7 30, 2005. Each appointing authority approving such a leave 36.8 shall allow the employee to continue accruing vacation and sick 36.9 leave, be eligible for paid holidays and insurance benefits, 36.10 accrue seniority, and accrue service credit in state retirement 36.11 plans permitting service credits for authorized leaves of 36.12 absence as if the employee had actually been employed during the 36.13 time of the leave. If the leave of absence is for one full pay 36.14 period or longer, any holiday pay shall be included in the first 36.15 payroll warrant after return from the leave of absence. The 36.16 appointing authority shall attempt to grant requests for unpaid 36.17 leaves of absence consistent with the need to continue efficient 36.18 operation of the agency. However, each appointing authority 36.19 shall retain discretion to grant or refuse to grant requests for 36.20 leaves of absence and to schedule and cancel leaves, subject to 36.21 applicable provisions of collective bargaining agreements and 36.22 compensation plans. 36.23 Sec. 9. Laws 2002, chapter 220, article 10, section 4, is 36.24 amended to read: 36.25 Sec. 4. GOVERNOR'S OFFICE (460,000) (702,000) 36.26No funding may be used for the36.27operation of the Washington, D.C.,36.28office of the state of Minnesota.36.29 Sec. 10. Laws 2002, chapter 220, article 10, section 36, 36.30 is amended to read: 36.31 Sec. 36. [REDUCTION IN CONTRACT EXPENDITURES.] 36.32 During the biennium ending June 30, 2003, the governor must 36.33 reduce planned executive branch state agency general fund 36.34 expenditures on contracts for professional or technical services 36.35 by at least$35,000,000$28,300,000. The governor must allocate 36.36 this reduction among executive branch state agencies. If the 36.37 governor determines that the mandated contract savings cannot be 37.1 achieved, the governor must make proportional reductions to 37.2 executive agency operating budgets in order to achieve the 37.3 savings. For purposes of this section and section 37, 37.4 "professional or technical services" has the meaning given in 37.5 Minnesota Statutes, section 16C.08, subdivision 1; and 37.6 "executive branch state agency" has the meaning given in 37.7 Minnesota Statutes, section 16A.011, subdivision 12a,and37.8includesbut does not include the Minnesota state colleges and 37.9 universities or the higher education services office.The base37.10for these reductions is the amount allocated for professional or37.11technical service contracts in agency spending plans as of37.12January 1, 2002.37.13 Sec. 11. Laws 2002, chapter 220, article 10, section 37, 37.14 as amended by Laws 2002, chapter 364, section 30, is amended to 37.15 read: 37.16 Sec. 37. [MORATORIUM ON CONSULTANT CONTRACTS.] 37.17 (a) An entity in the executive branch of state government, 37.18includingother than the Minnesota state colleges and 37.19 universities or the higher education services office, may not 37.20 enter into a new contract or renew an existing contract for 37.21 professional or technical services after the effective date of 37.22 this section and before July 1, 2003. This section does not 37.23 apply to a contract: 37.24 (1) that relates to a threat to public health, welfare, or 37.25 safety that threatens the functioning of government, the 37.26 protection of property, or the health or safety of people; 37.27 (2) that is paid for entirely with federal fundsreceived37.28before the effective date of this sectionor the cost of which 37.29 is entirely recovered from nonstate entities; 37.30 (3) that is paid entirely with funds from the state 37.31 airports fund, trunk highway fund, county state-aid highway 37.32 fund, or municipal state-aid street fund;or37.33 (4) for a trunk highway project of a type described in Laws 37.34 2000, chapter 479, article 1, section 2, subdivision 3, 37.35 paragraph (a), clauses (1) to (3); or 37.36 (5) that is necessary to avoid a disruption of essential 38.1 state functions, will reduce state costs, or is necessary to 38.2 avoid a legal liability. 38.3 (b) An entity in the executive branch may apply for a 38.4 waiver of the moratorium by sending a letter with reasons for 38.5 the request to thecommissioner of administration for executive38.6branch entitiesgovernor. Upon a finding that a consultant 38.7 contract is necessary, thecommissionergovernor may grant a 38.8 waiver.The decision of the commissioner is final and not38.9subject to appeal.A monthly report of all exceptions granted 38.10 under paragraph (a) and all waivers granted must be filedby the38.11entity granting the waiver. The report must be published onthe38.12entity'sa state Web site, and copies must be provided to the 38.13 chairs of the house ways and means and senate finance committees 38.14 and to the legislative reference library. 38.15 Sec. 12. Laws 2002, chapter 220, article 10, section 38, 38.16 subdivision 2, is amended to read: 38.17 Subd. 2. [EXCEPTIONS.] Subdivision 1 does not apply to: 38.18 (1) an employee at a state correctional facility; 38.19 (2) an employee of the department of corrections who 38.20 provides direct services to offenders; 38.21 (3) an employee of state-operated services under the 38.22 department of human services; 38.23 (4) a studentin a work-study positionworker;or38.24(2)(5) a position that is necessary to perform essential 38.25 government services; or 38.26 (6) an employee who is paid entirely with federal funds or 38.27 a special revenue fund, or whose costs are entirely recovered 38.28 from nonstate entities, or a combination of them. 38.29 A determination under clause(2)(5) must be made by the 38.30 speaker of the house of representatives with respect to house 38.31 employees, the chair of the committee on rules and 38.32 administration with respect to senate employees, and the 38.33 legislative coordinating commission with respect to its 38.34 employees, by a constitutional officer with respect to employees 38.35 of the constitutional office, and by the governor with respect 38.36 to any other employee covered by this section. Exceptions 39.1 granted under clause(2)(5) must be reported monthly by the 39.2 entity granting the exception. The reports must be published on 39.3 the entity's Web site, and copies must be provided to the chairs 39.4 of the house ways and means and senate finance committees and to 39.5 the legislative reference library. 39.6 Sec. 13. Laws 2002, chapter 220, article 10, section 38, 39.7 subdivision 3, is amended to read: 39.8 Subd. 3. [ANTICIPATED SAVINGS.] The legislature 39.9 anticipates that application of this section to executive branch 39.10 agenciesand to the Minnesota state colleges and universities39.11 will result in savings to the general fund of 39.12$40,000,000$29,736,000 by June 30, 2003. If the governor 39.13 determines that application of this section will not result 39.14 in$40,000,000$29,736,000 in savings to the general fund by 39.15 June 30, 2003, the governor must make proportional reductions in 39.16 executive agency operating budgets necessary to achieve these 39.17 savings. If the governor makes proportional reductions to 39.18 executive agency operating budgets to achieve the required 39.19 savings, the governor shall exclude from the reductions: 39.20 (1) the department of corrections with respect to employees 39.21 at state correctional institutions or who provide direct 39.22 services to offenders; and 39.23 (2) the department of human services with respect to 39.24 state-operated services. 39.25 Sec. 14. Laws 2002, chapter 220, article 10, section 39, 39.26 is amended to read: 39.27 Sec. 39. [SAVINGS ARE ADDITIONAL.] 39.28 Savings achieved in sections 36 to 38 from the freeze in 39.29 state hiring or the reduction in the number of state contracts 39.30 for professional or technical services are in addition to 39.31 reductions in spending required by other sections of this 39.32articleact. 39.33 Sec. 15. [NONPROFIT GRANT AND CONTRACT DECISIONS.] 39.34 Subdivision 1. [FISCAL YEAR 2002 PROCESSING.] (a) This 39.35 subdivision applies when: 39.36 (1) a state agency has delayed its final decision on 40.1 whether to enter into a grant or contract with a nonprofit 40.2 corporation to spend money appropriated for the fiscal year 40.3 ending June 30, 2002, pending elimination of the state budget 40.4 deficit; and 40.5 (2) the nonprofit corporation has provided services based 40.6 on an appropriation that names the nonprofit corporation or 40.7 based on a grant award letter from a state agency to the 40.8 nonprofit corporation. 40.9 (b) In a circumstance described in paragraph (a), within 15 40.10 business days after final enactment of this act the state agency 40.11 must: 40.12 (1) process the grant or contract with the nonprofit 40.13 corporation; and 40.14 (2) issue payment to the nonprofit corporation for services 40.15 already provided. 40.16 Subd. 2. [FISCAL YEAR 2002 RETROACTIVITY.] A contract 40.17 encumbered or a grant awarded by a state agency to a nonprofit 40.18 corporation for services rendered in the fiscal year ending June 40.19 30, 2002, is retroactive to the date that services were first 40.20 provided under the contract or grant. 40.21 Subd. 3. [FISCAL YEAR 2003.] A contract encumbered or a 40.22 grant awarded by a state agency to a nonprofit corporation for 40.23 services rendered in the fiscal year ending June 30, 2003, is 40.24 retroactive to the date that services were first provided under 40.25 the contract or grant. 40.26 Sec. 16. [VOTING EQUIPMENT GRANTS.] 40.27 Within 30 days after the effective date of this section, 40.28 the commissioner of administration must make voting equipment 40.29 grants authorized by Minnesota Statutes 2001 Supplement, section 40.30 204B.48, to the full extent of appropriations available for 40.31 these grants under Laws 2001, First Special Session chapter 10, 40.32 article 1, section 12, subdivision 7, as amended by Laws 2002, 40.33 chapter 220, article 10, section 10, subdivision 8. 40.34 Sec. 17. [EFFECTIVE DATE.] 40.35 This article is effective the day following final enactment. 40.36 ARTICLE 8 41.1 CANCELLATIONS; CASH FLOW; TRANSFERS IN 41.2 Section 1. Minnesota Statutes 2001 Supplement, section 41.3 62J.694, subdivision 1, is amended to read: 41.4 Subdivision 1. [CREATION.] (a) The medical education 41.5 endowment fund is created in the state treasury. The state 41.6 board of investment shall invest the fund under section 11A.24. 41.7 All earnings of the fund must be credited to the fund. The 41.8 principal of the fund must be maintained inviolate, except that 41.9 the principal may be used to make expenditures from the fund for 41.10 the purposes specified in this section when the market value of 41.11 the fund falls below 105 percent of the cumulative total of the 41.12 tobacco settlement payments received by the state and credited 41.13 to the tobacco settlement fund under section 16A.87, subdivision 41.14 2. For purposes of this section, "principal" means an amount 41.15 equal to the cumulative total of the tobacco settlement payments 41.16 received by the state and credited to the tobacco settlement 41.17 fund under section 16A.87, subdivision 2. 41.18 (b) If the commissioner of finance determines that probable 41.19 receipts to the general fund will be sufficient to meet the need 41.20 for expenditures from the general fund for a fiscal biennium, 41.21 after using the cash reserves of the tobacco use prevention and 41.22 local public health endowment fund, excluding an amount 41.23 sufficient to meet the annual appropriations in section 144.395, 41.24 subdivision 2, the commissioner may use cash reserves of the 41.25 medical education endowment fund, excluding the amounts needed 41.26 to meet the appropriations described in subdivisions 2 and 2a, 41.27 to pay expenses of the general fund. If cash reserves are 41.28 transferred to the general fund to meet cash flow needs, the 41.29 amount transferred, plus interest at a rate comparable to the 41.30 rate earned by the state on invested treasurer's cash, as 41.31 determined monthly by the commissioner, must be returned to the 41.32 endowment fund as soon as sufficient cash balances are available 41.33 in the general fund, but in any event before the end of the 41.34 fiscal biennium. An amount necessary to pay the interest is 41.35 appropriated from the general fund. If cash reserves of the 41.36 endowment fund are used to pay expenses for the general fund, 42.1 notwithstanding subdivision 2, paragraph (d), the academic 42.2 health center shall be held harmless to the extent possible. 42.3 When determining the fair market value of the fund, for the 42.4 purposes described in subdivisions 2 and 2a, the value of the 42.5 cash reserves transferred to the general fund must be included 42.6 in the determination. 42.7 (c) The academic health center account is created as a 42.8 separate account in the medical education endowment fund. The 42.9 account is invested under paragraph (a). All earnings of the 42.10 account must be credited to the account. The principal of the 42.11 account must be maintained inviolate, except that the principal 42.12 may be used to make expenditures from the account for the 42.13 purposes specified in subdivision 2a when the value of the 42.14 account falls below an amount equal to deposits made to the 42.15 account under section 16A.87, subdivision 3, paragraph (b). 42.16 Sec. 2. Minnesota Statutes 2000, section 79.251, 42.17 subdivision 1, is amended to read: 42.18 Subdivision 1. [ASSIGNED RISK PLAN REVIEW BOARD.] (a) (1) 42.19 An assigned risk plan review board is created for the purposes 42.20 of review of the operation of section 79.252 and this section. 42.21 The board shall have all the usual powers and authorities 42.22 necessary for the discharge of its duties under this section and 42.23 may contract with individuals in discharge of those duties. 42.24 (2) The board shall consist of six members to be appointed 42.25 by the commissioner of commerce. Three members shall be 42.26 insureds holding policies or contracts of coverage issued 42.27 pursuant to subdivision 4. Two members shall be insurers 42.28 licensed pursuant to section 60A.06, subdivision 1, clause (5), 42.29 paragraph (b). The commissioner shall be the sixth member and 42.30 shall vote. 42.31 Initial appointments shall be made by September 1, 1981, 42.32 and terms shall be for three years duration. Removal, the 42.33 filling of vacancies and compensation of the members other than 42.34 the commissioner shall be as provided in section 15.059. 42.35 (3) The assigned risk plan review board shall audit the 42.36 reserves established (a) for individual cases arising under 43.1 policies and contracts of coverage issued under subdivision 4 43.2 and (b) for the total book of business issued under subdivision 43.3 4. If the board determines on the basis of an audit that there 43.4 is an excess surplus in the assigned risk plan, it must notify 43.5 the commissioner of finance who shall transfer assets of the 43.6 plan equal to the excess surplus to the budget reserve account 43.7 in the general fund. 43.8 (4) The assigned risk plan review board shall monitor the 43.9 operations of section 79.252 and this section and shall 43.10 periodically make recommendations to the commissioner, and to 43.11 the governor and legislature when appropriate, for improvement 43.12 in the operation of those sections. 43.13 (5) All insurers and self-insurance administrators issuing 43.14 policies or contracts under subdivision 4 shall pay to the 43.15 commissioner a .25 percent assessment on premiums for policies 43.16 and contracts of coverage issued under subdivision 4 for the 43.17 purpose of defraying the costs of the assigned risk plan review 43.18 board. Proceeds of the assessment shall be deposited in the 43.19 state treasury and credited to the general fund. 43.20 (6) The assigned risk plan and the assigned risk plan 43.21 review board shall not be deemed a state agency. 43.22 (b) As used in this subdivision, "excess surplus" means the 43.23 amount of assigned risk plan assets in excess of the amount 43.24 needed to pay all current liabilities of the plan, including, 43.25 but not limited to: 43.26 (1) administrative expenses; 43.27 (2) benefit claims; and 43.28 (3) if the assigned risk plan is dissolved under 43.29 subdivision 8, the amounts that would be due insurers who have 43.30 paid assessments to the plan. 43.31 Sec. 3. Minnesota Statutes 2000, section 144.395, 43.32 subdivision 1, as amended by Laws 2002, chapter 220, article 13, 43.33 section 6, is amended to read: 43.34 Subdivision 1. [CREATION.] (a) The tobacco use prevention 43.35 and local public health endowment fund is created in the state 43.36 treasury. The state board of investment shall invest the fund 44.1 under section 11A.24. All earnings of the fund must be credited 44.2 to the fund. The principal of the fund must be maintained 44.3 inviolate, except that the principal may be used to make 44.4 expenditures from the fund for the purposes specified in this 44.5 section when the market value of the fund falls below 105 44.6 percent of the cumulative total of the tobacco settlement 44.7 payments received by the state and credited to the tobacco 44.8 settlement fund under section 16A.87, subdivision 2. For 44.9 purposes of this section, "principal" means an amount equal to 44.10 the cumulative total of the tobacco settlement payments received 44.11 by the state and credited to the tobacco settlement fund under 44.12 section 16A.87, subdivision 2. 44.13 (b) If the commissioner of finance determines that probable 44.14 receipts to the general fund willnotbe sufficient to meet the 44.15 need for expenditures from the general fund for a fiscal 44.16 biennium, the commissioner may use cash reserves of the tobacco 44.17 use prevention and local public health endowment fund, excluding 44.18 an amount sufficient to meet the annual appropriations in 44.19 subdivision 2, to pay expenses of the general fund. If cash 44.20 reserves are transferred to the general fund to meet cash flow 44.21 needs, thecash flow transfersamount transferred, plus interest 44.22 at a rate comparable to the rate earned by the state on invested 44.23 treasurer's cash, as determined monthly by the commissioner, 44.24 must be returned to the endowment fund as soon as sufficient 44.25 cash balances are available in the general fund, but in any 44.26 event before the end of the fiscal biennium.Any interest44.27earned on cash flow transfers from the endowment fund accrues to44.28the endowment fund and not to the general fund.An amount 44.29 necessary to pay the interest is appropriated from the general 44.30 fund. If cash reserves of the endowment fund are used to pay 44.31 expenses for the general fund, the recipients of the grants 44.32 shall be held harmless to the extent possible in the following 44.33 order: (1) local public health; (2) local tobacco prevention; 44.34 and (3) statewide tobacco prevention. When determining the fair 44.35 market value of the fund, for the purposes described in 44.36 subdivision 2, the value of the cash reserves transferred to the 45.1 general fund must be included in the determination. 45.2 Sec. 4. Laws 2002, chapter 220, article 13, section 7, is 45.3 amended to read: 45.4 Sec. 7. [BALANCES CANCELED TO GENERAL FUND.] 45.5 The unobligated balances in the following general fund 45.6 accounts created in the sections of Minnesota Statutes indicated 45.7 are canceled to the general fund in the fiscal years indicated: 45.8 (1) the budget reserve account, Minnesota Statutes, section 45.9 16A.152, subdivision 1a, estimated to be $653,000,000, in fiscal 45.10 year 2002; 45.11 (2) the local government aid reform account, Minnesota 45.12 Statutes, section 16A.1523, estimated to be $14,000,000, in 45.13 fiscal year 2003; 45.14 (3) the tax relief account, Minnesota Statutes, section 45.15 16A.1522, subdivision 4, estimated to be $158,148,000, in fiscal 45.16 year20042003; and 45.17 (4)$195,000,000$350,000,000 of the unobligated balance in 45.18 the cash flow account in Minnesota Statutes, section 16A.152, 45.19 subdivision 1. 45.20 Sec. 5. Laws 2002, chapter 220, article 13, section 9, 45.21 subdivision 1, is amended to read: 45.22 Subdivision 1. [ASSIGNED RISK PLAN.] By June 30, 2002, the 45.23 commissioner of finance shall transfer$120,000,000$134,000,000 45.24 in assets of the assigned risk plan created under Minnesota 45.25 Statutes, section 79.252, to the general fund. $25,100,000 is 45.26 appropriated from the general fund to the commissioner of 45.27 finance to fund the settlement of the lawsuit entitled Danny's 45.28 Trannys, Inc. et al. v. State, et al., Ramsey County District 45.29 Court No. C7-00-5714, and to reimburse the tort claims account 45.30 for amounts paid to implement settlement of this lawsuit. 45.31 Sec. 6. Laws 2002, chapter 220, article 13, section 9, 45.32 subdivision 2, is amended to read: 45.33 Subd. 2. [SPECIAL COMPENSATION FUND.] After June 1, 2003, 45.34 but no later than June 30, 2003, the commissioner of finance 45.35 shall transfer$230,000,000$250,000,000 in assets of the excess 45.36 surplus account of the special compensation fund created under 46.1 Minnesota Statutes, section 176.129, to the general fund. 46.2 Sec. 7. [BALANCES DEPOSITED IN BUDGET RESERVE.] 46.3 Notwithstanding Minnesota Statutes, section 16A.1522, any 46.4 positive unrestricted general fund balance on June 30, 2003, 46.5 must be allocated to the budget reserve account in the general 46.6 fund. 46.7 Sec. 8. [EFFECTIVE DATE.] 46.8 This article is effective the day following final 46.9 enactment, except that section 2 is effective January 1, 2003, 46.10 and sections 1 and 3 are effective July 1, 2003. 46.11 ARTICLE 9 46.12 HEALTH AND HUMAN SERVICES APPROPRIATIONS 46.13 Section 1. [HEALTH AND HUMAN SERVICES APPROPRIATIONS.] 46.14 The dollar amounts shown in the columns marked 46.15 "APPROPRIATIONS" are added to or, if shown in parentheses, are 46.16 subtracted from the appropriations in Laws 2001, First Special 46.17 Session chapter 9, and Laws 2002, chapter 220, or other law, and 46.18 are appropriated from the general fund, or any other fund named, 46.19 to the agencies and for the purposes specified in this article, 46.20 to be available for the fiscal years indicated for each 46.21 purpose. The figures "2002" and "2003" used in this article 46.22 mean that the appropriation or appropriations listed under them 46.23 are available for the fiscal year ending June 30, 2002, or June 46.24 30, 2003, respectively. 46.25 SUMMARY BY FUND 46.26 2002 2003 TOTAL 46.27 General 46.28 Forecast 46.29 Adjustments $47,032,000 $26,019,000 $73,051,000 46.30 Nonforecast 1,660,000 (26,554,000) (24,894,000) 46.31 Health Care 46.32 Access (2,605,000) (4,318,000) (6,923,000) 46.33 Federal TANF (7,383,000) 8,896,000 1,513,000 46.34 State Government 46.35 Special Revenue -0- 4,000 4,000 46.36 APPROPRIATIONS 46.37 Available for the Year 46.38 Ending June 30 46.39 2002 2003 47.1 Sec. 2. COMMISSIONER OF 47.2 HUMAN SERVICES 47.3 Subdivision 1. Total 47.4 Appropriation $ 38,704,000 $ 3,143,000 47.5 Summary by Fund 47.6 General 48,692,000 (1,435,000) 47.7 Health Care 47.8 Access (2,605,000) (4,318,000) 47.9 Federal TANF (7,383,000) 8,896,000 47.10 Subd. 2. Children's 47.11 Grants 47.12 General -0- (4,748,000) 47.13 [FAMILY PRESERVATION AND CHILDREN'S 47.14 MENTAL HEALTH GRANTS.] This 47.15 appropriation includes a reduction of 47.16 $6,548,000 in family preservation and 47.17 children's mental health grants due to 47.18 changes in allocations and an increase 47.19 of $1,800,000 in local collaboratives 47.20 wraparound services coordination 47.21 grants. The increased appropriation 47.22 for coordination grants shall become 47.23 part of base level funding for the 47.24 biennium beginning July 1, 2003. 47.25 Subd. 3. Basic Health Care 47.26 Grants 47.27 General 10,999,000 6,126,000 47.28 Health Care 47.29 Access (2,605,000) (4,318,000) 47.30 The amounts that may be spent from this 47.31 appropriation for each purpose are as 47.32 follows: 47.33 (a) MinnesotaCare Grants 47.34 Health Care 47.35 Access (2,605,000) (4,318,000) 47.36 [MINNESOTACARE ELIGIBILITY 47.37 DETERMINATION CARRYOVER.] The 47.38 appropriation for the biennium 47.39 beginning July 1, 2001, in Laws 2001, 47.40 First Special Session chapter 9, 47.41 article 17, section 2, subdivision 7, 47.42 paragraph (b), for activities related 47.43 to processing MinnesotaCare 47.44 applications and determining applicant 47.45 eligibility shall not cancel but shall 47.46 be available until June 30, 2005. 47.47 (b) MA Basic Health Care 47.48 Grants - Families and Children 47.49 General 7,437,000 (5,285,000) 47.50 (c) MA Basic Health Care 47.51 Grants - Elderly and Disabled 47.52 General (779,000) 7,476,000 48.1 (d) General Assistance 48.2 Medical Care Grants 48.3 General 2,681,000 5,080,000 48.4 (e) Health Care Grants - 48.5 Other Assistance 48.6 General 1,660,000 (1,145,000) 48.7 [U SPECIAL KIDS PROGRAM.] Of this 48.8 appropriation, $350,000 in fiscal year 48.9 2002 is immediately available to the 48.10 commissioner to be transferred 48.11 immediately to the University of 48.12 Minnesota for the U Special Kids 48.13 program. The money may be used to 48.14 match private grants. The money shall 48.15 be used to provide physician-supervised 48.16 medical case management services for up 48.17 to 50 Minnesota children in the program 48.18 who are eligible for medical 48.19 assistance. Any unspent portion of 48.20 this appropriation shall not cancel but 48.21 shall be available for these purposes 48.22 until June 30, 2005. This is a onetime 48.23 appropriation and shall not become part 48.24 of base level funding for the 2004-2005 48.25 biennium. 48.26 [HIV/AIDS DRUG REBATES.] For the fiscal 48.27 year ending June 30, 2003, $1,150,000 48.28 of the general fund appropriations for 48.29 HIV/AIDS grants and services that are 48.30 no longer needed as a result of greater 48.31 than anticipated collections under the 48.32 AIDS drug assistance program rebate 48.33 must be used to meet funding needs of 48.34 the state prescription drug program. 48.35 [ADAP FUNDING.] For the fiscal year 48.36 ending June 30, 2003, $1,150,000 from 48.37 the AIDS drug assistance program (ADAP) 48.38 rebate program shall be used to meet 48.39 the needs of the HIV/AIDS grants and 48.40 services program. 48.41 Subd. 4. State-Operated 48.42 Services 48.43 General -0- 4,000,000 48.44 [STATE-OPERATED SERVICES DEDICATED 48.45 REVENUE ACCOUNTS.] The commissioner of 48.46 human services shall provide the chairs 48.47 of the house and senate health and 48.48 human services finance committees 48.49 copies of all dedicated revenue account 48.50 quarterly and annual financial 48.51 statements that are reviewed by the 48.52 state-operated services governing 48.53 board. The annual financial statement 48.54 must include a summary of revenues, 48.55 expenditures, obligations, and cash 48.56 balances. The description of cash 48.57 balances must specifically identify 48.58 cash balances included in funded 48.59 depreciation accounts and in cash flow 48.60 reserves for 120 days of operating 48.61 expense. The annual financial 48.62 statement must clearly delineate any 49.1 amount of cash reserve that is in 49.2 excess of requirements for funded 49.3 depreciation and 120 days of operating 49.4 expense. Quarterly financial 49.5 statements must be available to the 49.6 chairs within 30 days of the closing 49.7 date for that quarter. The annual 49.8 financial statement must be available 49.9 by August 15 of each year. 49.10 [ONETIME APPROPRIATION.] Of the 49.11 appropriation for fiscal year 2003, 49.12 $4,000,000 is from the general fund to 49.13 the commissioner of human services for 49.14 state-operated services. This is a 49.15 onetime appropriation and shall not 49.16 become part of base level funding. 49.17 [STATE-OPERATED SERVICES STUDY.] The 49.18 commissioner of human services, in 49.19 consultation with community 49.20 representatives, shall evaluate 49.21 strategies to consolidate the delivery 49.22 of state-operated services. Strategies 49.23 shall be considered in the context of 49.24 other community-based services 49.25 options. By January 15, 2003, the 49.26 commissioner shall provide 49.27 recommendations to the 2003 legislature 49.28 that result from this evaluation. 49.29 [ONETIME REDUCTION TO SHARED SERVICES 49.30 DEDICATED REVENUES.] For fiscal year 49.31 2003 only, $564,000 of fund balances 49.32 within the accounts established under 49.33 Minnesota Statutes, section 246.57, 49.34 subdivision 1, shall be transferred to 49.35 the general fund. 49.36 Subd. 5. Continuing Care 49.37 Grants 49.38 [FUNDING USAGE.] Up to 75 percent of 49.39 the fiscal year 2004 appropriations for 49.40 family preservation grants, 49.41 developmental disability 49.42 semi-independent living services, 49.43 developmental disability family 49.44 support, adult mental health grants, 49.45 and children's mental health grants may 49.46 be used to fund calendar year 2003 49.47 allocations for these programs, with 49.48 the resulting calendar year funding 49.49 pattern continuing into the future. 49.50 Appropriation reductions associated 49.51 with this shift are one time only. 49.52 General 27,896,000 (4,863,000) 49.53 The amounts that may be spent from this 49.54 appropriation for each purpose are as 49.55 follows: 49.56 (a) Medical Assistance 49.57 Long-Term Care Waivers and 49.58 Home Care Grants 49.59 General 26,054,000 26,552,000 49.60 (b) Medical Assistance 49.61 Long-Term Care Facilities 50.1 Grants 50.2 General 1,815,000 (736,000) 50.3 (c) Group Residential 50.4 Housing Grants 50.5 General 27,000 689,000 50.6 (d) Chemical Dependency 50.7 Entitlement Grants 50.8 General -0- (1,000,000) 50.9 [ADDITIONAL CONSOLIDATED CHEMICAL 50.10 DEPENDENCY TREATMENT FUND RESERVE 50.11 TRANSFER.] In addition to the amount 50.12 transferred in Laws 2002, chapter 220, 50.13 article 17, section 2, subdivision 6, 50.14 paragraph (e), an additional $7,000,000 50.15 of funds available in the consolidated 50.16 chemical dependency treatment fund 50.17 general reserve account is transferred 50.18 to the general fund in fiscal year 2003. 50.19 (e) Community Social 50.20 Service Grants 50.21 General -0- (13,730,000) 50.22 (f) Mental Health 50.23 Grants 50.24 General -0- (13,635,000) 50.25 This reduction is one time only. 50.26 (g) Community Support 50.27 Grants 50.28 General -0- (3,003,000) 50.29 Subd. 6. Economic 50.30 Support Grants 50.31 General 9,797,000 (1,950,000) 50.32 Federal TANF (7,383,000) 8,896,000 50.33 The amounts that may be spent from the 50.34 appropriation for each purpose are as 50.35 follows: 50.36 (a) Assistance to Families 50.37 Grants 50.38 General 8,712,000 (3,740,000) 50.39 Federal TANF (7,383,000) 8,803,000 50.40 [AUTHORITY TO CARRYFORWARD AUTHORIZED 50.41 TRANSFER.] The $11,000,000 in TANF 50.42 funds authorized for transfer to title 50.43 XX of the federal Social Security Act 50.44 grants in fiscal year 2003 by Laws 50.45 1999, chapter 245, article 1, section 50.46 2, subdivision 11, are available for 50.47 expenditure in fiscal year 2004. 50.48 (b) General Assistance 50.49 Grants 51.1 General 1,361,000 1,779,000 51.2 (c) Economic Support - 51.3 Other Assistance 51.4 Federal TANF -0- 93,000 51.5 [TANF TRANSFER TO THE DEPARTMENT OF 51.6 CHILDREN, FAMILIES, AND LEARNING.] Of 51.7 the TANF appropriation, $93,000 in 51.8 fiscal year 2003 is appropriated to the 51.9 commissioner of children, families, and 51.10 learning for the purposes of Minnesota 51.11 Statutes, section 119B.05. The 51.12 commissioner of human services shall 51.13 authorize a sufficient transfer of 51.14 funds from the state's federal TANF 51.15 block grant to the state's federal 51.16 child care development fund block grant 51.17 to meet this appropriation. 51.18 (d) Minnesota Supplemental 51.19 Aid Grants 51.20 General (276,000) 11,000 51.21 Sec. 3. COMMISSIONER OF HEALTH 51.22 Subdivision 1. Total Appropriation -0- 4,000 51.23 Summary by Fund 51.24 State Government 51.25 Special Revenue -0- 4,000 51.26 Subd. 2. Family and Provider 51.27 Compliance 51.28 State Government 51.29 Special Revenue -0- 4,000 51.30 [REGISTRATION COSTS.] This 51.31 appropriation in fiscal year 2003 is to 51.32 the commissioner for the costs of 51.33 registering establishments under 51.34 Minnesota Statutes, section 144D.025. 51.35 Sec. 4. VETERANS NURSING 51.36 HOMES BOARD 51.37 Summary by Fund 51.38 General -0- 900,000 51.39 [DEFICIENCY APPROPRIATION.] The 51.40 appropriation to the veterans nursing 51.41 homes board for fiscal year 2003 is for 51.42 a deficiency in board operations. This 51.43 is a onetime appropriation and shall 51.44 not become part of base level funding 51.45 for the 2004-2005 biennium. 51.46 Sec. 5. [VETERANS NURSING HOMES BOARD FUNDING.] 51.47 (a) Notwithstanding Minnesota Statutes, section 16B.31, 51.48 subdivision 7, on July 1, 2002, the commissioner of 51.49 administration shall transfer to the veterans nursing homes 52.1 board any remaining portion of the payments received from 52.2 contractors for the mold damage at the Luverne facility. 52.3 (b) Notwithstanding the provisions of Minnesota Statutes, 52.4 section 16A.151, any payments made during fiscal year 2003 from 52.5 contractors to settle legal issues regarding the mold damage at 52.6 the Luverne facility are appropriated to the veterans nursing 52.7 homes board. 52.8 (c) Total appropriations to the veterans nursing homes 52.9 board under this section shall not exceed $500,000. 52.10 Sec. 6. [EXEMPTIONS FROM REDUCTION IN CONTRACT 52.11 EXPENDITURES AND FROM HIRING FREEZE.] 52.12 For fiscal year 2003, the department of human services is 52.13 exempt from the hiring freeze established in Laws 2002, chapter 52.14 220, article 10, section 38, as amended by article 7, section 52.15 12, and the contract moratorium established in Laws 2002, 52.16 chapter 220, article 10, section 37, as amended by article 7, 52.17 section 11, and by Laws 2002, chapter 364, section 30, as it 52.18 relates to the establishment and implementation of a 52.19 supplemental drug rebate program. 52.20 Sec. 7. [INCARCERATION REPORT.] 52.21 By February 1, 2003, the commissioner of corrections must 52.22 report to the chairs and ranking minority members of the house 52.23 of representatives and senate committees having jurisdiction 52.24 over criminal justice and judiciary finance divisions 52.25 alternatives for dealing with offenders who actually serve less 52.26 than one year in prison. This report shall include capital and 52.27 operating costs, possible partnerships, renting beds from public 52.28 or private facilities, and current prison capacities. 52.29 Sec. 8. [FISCAL 2003 TANF MAINTENANCE OF EFFORT.] 52.30 The commissioner of human services must ensure that the 52.31 maintenance of effort amount used in the MFIP forecast of 52.32 November 2002 and February 2003 is not less than $188,937,000 52.33 with respect to fiscal year 2003. 52.34 Sec. 9. [SUNSET OF UNCODIFIED LANGUAGE.] 52.35 All uncodified language contained in this article expires 52.36 June 30, 2003, unless a different expiration date is explicit. 53.1 Sec. 10. [EFFECTIVE DATE.] 53.2 Except as otherwise provided in this article, this article 53.3 is effective the day following final enactment. 53.4 ARTICLE 10 53.5 HEALTH AND HUMAN SERVICES 53.6 Section 1. Minnesota Statutes 2000, section 13.05, 53.7 subdivision 4, is amended to read: 53.8 Subd. 4. [LIMITATIONS ON COLLECTION AND USE OF DATA.] 53.9 Private or confidential data on an individual shall not be 53.10 collected, stored, used, or disseminated by political 53.11 subdivisions, statewide systems, or state agencies for any 53.12 purposes other than those stated to the individual at the time 53.13 of collection in accordance with section 13.04, except as 53.14 provided in this subdivision. 53.15 (a) Data collected prior to August 1, 1975, and which have 53.16 not been treated as public data, may be used, stored, and 53.17 disseminated for the purposes for which the data was originally 53.18 collected or for purposes which are specifically approved by the 53.19 commissioner as necessary to public health, safety, or welfare. 53.20 (b) Private or confidential data may be used and 53.21 disseminated to individuals or agencies specifically authorized 53.22 access to that data by state, local, or federal law enacted or 53.23 promulgated after the collection of the data. 53.24 (c) Private or confidential data may be used and 53.25 disseminated to individuals or agencies subsequent to the 53.26 collection of the data when the responsible authority 53.27 maintaining the data has requested approval for a new or 53.28 different use or dissemination of the data and that request has 53.29 been specifically approved by the commissioner as necessary to 53.30 carry out a function assigned by law. 53.31 (d) Private data may be used by and disseminated to any 53.32 person or agency if the individual subject or subjects of the 53.33 data have given their informed consent. Whether a data subject 53.34 has given informed consent shall be determined by rules of the 53.35 commissioner. Informed consent shall not be deemed to have been 53.36 given by an individual subject of the data by the signing of any 54.1 statement authorizing any person or agency to disclose 54.2 information about the individual to an insurer or its authorized 54.3 representative, unless the statement is: 54.4 (1) in plain language; 54.5 (2) dated; 54.6 (3) specific in designating the particular persons or 54.7 agencies the data subject is authorizing to disclose information 54.8 about the data subject; 54.9 (4) specific as to the nature of the information the 54.10 subject is authorizing to be disclosed; 54.11 (5) specific as to the persons or agencies to whom the 54.12 subject is authorizing information to be disclosed; 54.13 (6) specific as to the purpose or purposes for which the 54.14 information may be used by any of the parties named in clause 54.15 (5), both at the time of the disclosure and at any time in the 54.16 future; 54.17 (7) specific as to its expiration date which should be 54.18 within a reasonable period of time, not to exceed one year 54.19 except in the case of authorizations given in connection with 54.20 applications for (i) life insurance or noncancelable or 54.21 guaranteed renewable health insurance and identified as such, 54.22 two years after the date of the policy or (ii) medical 54.23 assistance under chapter 256B or MinnesotaCare under chapter 54.24 256L, which shall be ongoing during all terms of eligibility, 54.25 for individual education plan health-related services provided 54.26 by a school district under section 125A.21, subdivision 2. 54.27 The responsible authority may require a person requesting 54.28 copies of data under this paragraph to pay the actual costs of 54.29 making, certifying, and compiling the copies. 54.30 (e) Private or confidential data on an individual may be 54.31 discussed at a meeting open to the public to the extent provided 54.32 in section 13D.05. 54.33[EFFECTIVE DATE.] This section is effective the day 54.34 following final enactment. 54.35 Sec. 2. Minnesota Statutes 2001 Supplement, section 54.36 241.021, subdivision 4, is amended to read: 55.1 Subd. 4. [HEALTH CARE.] The commissioner of corrections 55.2 shall provide professional health care to persons confined in 55.3 institutions under the control of the commissioner of 55.4 corrections and pay the costs of their care in hospitals and 55.5 other medical facilities not under the control of the 55.6 commissioner of corrections. All reimbursements for these 55.7 health care services shall be deposited in the general fund. 55.8 The commissioner of corrections is authorized to contract 55.9 with or reimburse entities, including health care management 55.10 companies, to provide health care to inmates, at reimbursement 55.11 rates equal to medical assistance unless otherwise negotiated. 55.12 With respect to these contracts, these entities shall not be 55.13 regulated as, or otherwise considered to be, health plan 55.14 companies as defined in section 62Q.01, subdivision 4. 55.15 Sec. 3. Minnesota Statutes 2000, section 241.44, is 55.16 amended by adding a subdivision to read: 55.17 Subd. 5. [GRANTS.] The ombudsman may apply for and receive 55.18 grants from public and private entities for purposes of carrying 55.19 out the ombudsman's powers and duties under sections 241.41 to 55.20 241.45. 55.21 Sec. 4. Minnesota Statutes 2000, section 256.9657, 55.22 subdivision 1, as amended by Laws 2002, chapter 220, article 14, 55.23 section 5, is amended to read: 55.24 Subdivision 1. [NURSING HOME LICENSE SURCHARGE.] (a) 55.25 Effective July 1, 1993, each non-state-operated nursing home 55.26 licensed under chapter 144A shall pay to the commissioner an 55.27 annual surcharge according to the schedule in subdivision 4. 55.28 The surcharge shall be calculated as $620 per licensed bed. If 55.29 the number of licensed beds is reduced, the surcharge shall be 55.30 based on the number of remaining licensed beds the second month 55.31 following the receipt of timely notice by the commissioner of 55.32 human services that beds have been delicensed. The nursing home 55.33 must notify the commissioner of health in writing when beds are 55.34 delicensed. The commissioner of health must notify the 55.35 commissioner of human services within ten working days after 55.36 receiving written notification. If the notification is received 56.1 by the commissioner of human services by the 15th of the month, 56.2 the invoice for the second following month must be reduced to 56.3 recognize the delicensing of beds. Beds on layaway status 56.4 continue to be subject to the surcharge. The commissioner of 56.5 human services must acknowledge a medical care surcharge appeal 56.6 within 30 days of receipt of the written appeal from the 56.7 provider. 56.8 (b) Effective July 1, 1994, the surcharge in paragraph (a) 56.9 shall be increased to $625. 56.10 (c)Effective August 15, 2003, the surcharge under56.11paragraph (b) shall be increased by an amount necessary to56.12ensure a net gain to the general fund of $9,620,000 during56.13fiscal year 2004 as a result of:56.14(1) the total transfers anticipated during the fiscal year56.15ending June 30, 2004, under section 256B.19, subdivision 1d,56.16paragraph (c);56.17(2) the county nursing home payment adjustments under56.18section 256B.431, subdivision 23, paragraph (c);56.19(3) the surcharges under this paragraph; and56.20(4) the nursing facility rate increases under section56.21256B.431, subdivision 37.56.22The increase under this paragraph shall not exceed $365 per bed.56.23(d)Effective August 15,20042002, the surcharge under 56.24 paragraph(c)(b) shall beequal to an amount necessary to56.25ensure a net gain to the general fund each fiscal year of56.26$10,228,000 as a result of:increased to $990. 56.27(1) the total transfers anticipated during the fiscal year56.28under section 256B.19, subdivision 1d, paragraph (c);56.29(2) the county nursing home payment adjustments under56.30section 256B.431, subdivision 23, paragraph (c);56.31(3) the surcharges under this paragraph; and56.32(4) the nursing facility rate increases under section56.33256B.431, subdivision 37.56.34The surcharge under this paragraph shall not exceed $365 per bed.56.35 Sec. 5. Minnesota Statutes 2000, section 256B.431, 56.36 subdivision 23, as amended by Laws 2002, chapter 220, article 57.1 14, section 9, is amended to read: 57.2 Subd. 23. [COUNTY NURSING HOME PAYMENT ADJUSTMENTS.] (a) 57.3 Beginning in 1994, the commissioner shall pay a nursing home 57.4 payment adjustment on May 31 after noon to a county in which is 57.5 located a nursing home that,as of January 1 of the previous57.6yearon that date, was county-owned and operated, with the 57.7 county named as licensee by the commissioner of health, and had 57.8 over 40 beds and medical assistance occupancy in excess of 50 57.9 percent during the reporting year ending September 30, 1991. 57.10 The adjustment shall be an amount equal to $16 per calendar day 57.11 multiplied by the number of beds licensed in the facility as of 57.12 September 30, 1991. 57.13 (b) Payments under paragraph (a) are excluded from medical 57.14 assistance per diem rate calculations. These payments are 57.15 required notwithstanding any rule prohibiting medical assistance 57.16 payments from exceeding payments from private pay residents. A 57.17 facility receiving a payment under paragraph (a) may not 57.18 increase charges to private pay residents by an amount 57.19 equivalent to the per diem amount payments under paragraph (a) 57.20 would equal if converted to a per diem. 57.21 (c) Beginning in 2002, in addition to any payment under 57.22 paragraph (a), the commissioner shall pay to a nursing facility 57.23 described in paragraph (a) an adjustment in an amount equal to 57.24 $29.55 per calendar day multiplied by the number of beds 57.25 licensed in the facility on that date. The provisions of 57.26 paragraphs (a) and (b) apply to payments under this paragraph. 57.27 (d) The commissioner may reduce payments under paragraph (c) 57.28 based on the commissioner's determination of Medicare upper 57.29 payment limits. Any adjustments must be proportional to 57.30 adjustments made under section 256B.19, subdivision 1d, 57.31 paragraph (d). 57.32 Sec. 6. Minnesota Statutes 2000, section 256B.431, 57.33 subdivision 37, as added by Laws 2002, chapter 220, article 14, 57.34 section 10, is amended to read: 57.35 Subd. 37. [NURSING HOME RATE INCREASES EFFECTIVE JULY 1, 57.3620032002.] For rate years beginning on or after July 1,200358.1 2002, the commissioner shall provide to each nursing home 58.2 reimbursed under this section or section 256B.434 an increase in 58.3 each case mix payment rate equal to the increase in the per-bed 58.4 surcharge paid under section 256.9657, subdivision 1, paragraph 58.5 (c)or (d), divided by 365 and further divided by .80. The 58.6 increase under this subdivision shall be added following the 58.7 determination of the payment rate for the home under this 58.8 chapter. The increase shall not be subject to any annual 58.9 percentage increase. 58.10 Sec. 7. Minnesota Statutes 2001 Supplement, section 58.11 256B.5013, subdivision 1, as amended by Laws 2002, chapter 220, 58.12 article 14, section 14, is amended to read: 58.13 Subdivision 1. [VARIABLE RATE ADJUSTMENTS.] (a) For rate 58.14 years beginning on or after October 1, 2000, when there is a 58.15 documented increase in the needs of a current ICF/MR recipient, 58.16 the county of financial responsibility may recommend a variable 58.17 rate to enable the facility to meet the individual's increased 58.18 needs. Variable rate adjustments made under this subdivision 58.19 replace payments for persons with special needs under section 58.20 256B.501, subdivision 8, and payments for persons with special 58.21 needs for crisis intervention services under section 256B.501, 58.22 subdivision 8a. Effective July 1, 2003, facilities with a base 58.23 rate above the 50th percentile of the statewide average 58.24 reimbursement rate for a Class A facility or Class B facility, 58.25 whichever matches the facility licensure, are not eligible for a 58.26 variable rate adjustment. Variable rate adjustments may not 58.27 exceed a 12-month period, except when approved for purposes 58.28 established in paragraph (b), clause (1). Variable rate 58.29 adjustments approved solely on the basis of changes on a 58.30 developmental disabilities screening document will end June 30, 58.31 2002. 58.32 (b) A variable rate may be recommended by the county of 58.33 financial responsibility for increased needs in the following 58.34 situations: 58.35 (1) a need for resources due to an individual's full or 58.36 partial retirement from participation in a day training and 59.1 habilitation service when the individual: (i) has reached the 59.2 age of 65 or has a change in health condition that makes it 59.3 difficult for the person to participate in day training and 59.4 habilitation services over an extended period of time because it 59.5 is medically contraindicated; and (ii) has expressed a desire 59.6 for change through the mental retardation and related conditions 59.7 screening process under section 256B.092; 59.8 (2) a need for additional resources for intensive 59.9 short-term programming which is necessary prior to an 59.10 individual's discharge to a less restrictive, more integrated 59.11 setting; 59.12 (3) a demonstrated medical need that significantly impacts 59.13 the type or amount of services needed by the individual; or 59.14 (4) a demonstrated behavioral need that significantly 59.15 impacts the type or amount of services needed by the individual. 59.16 (c) The county of financial responsibility must justify the 59.17 purpose, the projected length of time, and the additional 59.18 funding needed for the facility to meet the needs of the 59.19 individual. 59.20 (d) The facility shall provide a quarterly report to the 59.21 county case manager on the use of the variable rate funds and 59.22 the status of the individual on whose behalf the funds were 59.23 approved. The county case manager will forward the facility's 59.24 report with a recommendation to the commissioner to approve or 59.25 disapprove a continuation of the variable rate. 59.26 (e) Funds made available through the variable rate process 59.27 that are not used by the facility to meet the needs of the 59.28 individual for whom they were approved shall be returned to the 59.29 state. 59.30 Sec. 8. Minnesota Statutes 2000, section 256E.06, 59.31 subdivision 3, is amended to read: 59.32 Subd. 3. [PAYMENTS TO COUNTIES.] The commissioner of human 59.33 services shall make payments for community social services to 59.34 each countyin four installments peron or before July 10 of 59.35 each year.The commissioner of human services may certify the59.36payments for the first three months of a calendar year based on60.1estimates of the unduplicated number of persons receiving60.2Minnesota family investment program assistance, general60.3assistance, and medical assistance for the prior year. The60.4following three payments shall be adjusted to reflect the actual60.5unduplicated number of persons who received Minnesota family60.6investment program assistance, general assistance, and medical60.7assistance as required by subdivision 1. The commissioner shall60.8ensure that the pertinent payment of the allotment for that60.9quarter is made to each county on the first working day after60.10the end of each quarter of the calendar year, except for the60.11last quarter of the calendar year. The commissioner shall60.12ensure that each county receives its payment of the allotment60.13for that quarter no later than the last working day of that60.14quarter. This scheduling of payments does not require60.15compliance with subdivision 10.60.16 Sec. 9. Minnesota Statutes 2001 Supplement, section 60.17 256J.425, subdivision 3, is amended to read: 60.18 Subd. 3. [HARD-TO-EMPLOY PARTICIPANTS.] An assistance unit 60.19 subject to the time limit in section 256J.42, subdivision 1, in 60.20 which any participant has received 60 counted months of 60.21 assistance, is eligible to receive months of assistance under a 60.22 hardship extension if the participant belongs to any of the 60.23 following groups: 60.24 (1) a person who is diagnosed by a licensed physician, 60.25 psychological practitioner, or other qualified professional, as 60.26 mentally retarded or mentally ill, and that condition prevents 60.27 the person from obtaining or retaining unsubsidized employment; 60.28 (2) a person who: 60.29 (i) has been assessed by a vocational specialist or the 60.30 county agency to be unemployable for purposes of this 60.31 subdivision; or 60.32 (ii) has an IQ below 80 who has been assessed by a 60.33 vocational specialist or a county agency to be employable, but 60.34 not at a level that makes the participant eligible for an 60.35 extension under subdivision 4 or, in the case of a 60.36 non-English-speaking person for whom it is not possible to 61.1 provide a determination due to language barriers or absence of 61.2 culturally appropriate assessment tools, is determined by a 61.3 qualified professional to have an IQ below 80. A person is 61.4 considered employable if positions of employment in the local 61.5 labor market exist, regardless of the current availability of 61.6 openings for those positions, that the person is capable of 61.7 performing;or61.8 (3) a person who is determined by the county agency to be 61.9 learning disabled or, in the case of a non-English-speaking 61.10 person for whom it is not possible to provide a medical 61.11 diagnosis due to language barriers or absence of culturally 61.12 appropriate assessment tools, is determined by a qualified 61.13 professional to have a learning disability. If a rehabilitation 61.14 plan for the person is developed or approved by the county 61.15 agency, the plan must be incorporated into the employment plan. 61.16 However, a rehabilitation plan does not replace the requirement 61.17 to develop and comply with an employment plan under section 61.18 256J.52. For purposes of this section, "learning disabled" 61.19 means the applicant or recipient has a disorder in one or more 61.20 of the psychological processes involved in perceiving, 61.21 understanding, or using concepts through verbal language or 61.22 nonverbal means. The disability must severely limit the 61.23 applicant or recipient in obtaining, performing, or maintaining 61.24 suitable employment. Learning disabled does not include 61.25 learning problems that are primarily the result of visual, 61.26 hearing, or motor handicaps; mental retardation; emotional 61.27 disturbance; or due to environmental, cultural, or economic 61.28 disadvantage; or 61.29 (4) a person who is a victim of family violence as defined 61.30 in section 256J.49, subdivision 2, and who is participating in 61.31 an alternative employment plan under section 256J.49, 61.32 subdivision 1a. 61.33 Sec. 10. Minnesota Statutes 2001 Supplement, section 61.34 256J.425, subdivision 4, is amended to read: 61.35 Subd. 4. [EMPLOYED PARTICIPANTS.] (a) An assistance unit 61.36 subject to the time limit under section 256J.42, subdivision 1, 62.1 in which any participant has received 60 months of assistance, 62.2 is eligible to receive assistance under a hardship extension if 62.3 the participant belongs to: 62.4 (1) a one-parent assistance unit in which the participant 62.5 is participating in work activities for at least 30 hours per 62.6 week, of which an average of at least 25 hours per week every 62.7 month are spent participating in employment;or62.8 (2) a two-parent assistance unit in which the participants 62.9 are participating in work activities for at least 55 hours per 62.10 week, of which an average of at least 45 hours per week every 62.11 month are spent participating in employment; or 62.12 (3) an assistance unit in which a participant is 62.13 participating in employment for fewer hours than those specified 62.14 in clause (1), and the participant submits verification from a 62.15 health care provider, in a form acceptable to the commissioner, 62.16 stating that the number of hours the participant may work is 62.17 limited due to illness or disability, as long as the participant 62.18 is participating in employment for at least the number of hours 62.19 specified by the health care provider. The participant must be 62.20 following the treatment recommendations of the health care 62.21 provider providing the verification. The commissioner shall 62.22 develop a form to be completed and signed by the health care 62.23 provider, documenting the diagnosis and any additional 62.24 information necessary to document the functional limitations of 62.25 the participant that limit work hours. If the participant is 62.26 part of a two-parent assistance unit, the other parent must be 62.27 treated as a one-parent assistance unit for purposes of meeting 62.28 the work requirements under this subdivision. 62.29 For purposes of this section, employment means: 62.30 (1) unsubsidized employment under section 256J.49, 62.31 subdivision 13, clause (1); 62.32 (2) subsidized employment under section 256J.49, 62.33 subdivision 13, clause (2); 62.34 (3) on-the-job training under section 256J.49, subdivision 62.35 13, clause (4); 62.36 (4) an apprenticeship under section 256J.49, subdivision 63.1 13, clause (19); 63.2 (5) supported work. For purposes of this section, 63.3 "supported work" means services supporting a participant on the 63.4 job which include, but are not limited to, supervision, job 63.5 coaching, and subsidized wages; 63.6 (6) a combination of (1) to (5); or 63.7 (7) child care under section 256J.49, subdivision 13, 63.8 clause (25), if it is in combination with paid employment. 63.9 (b) If a participant is complying with a child protection 63.10 plan under chapter 260C, the number of hours required under the 63.11 child protection plan count toward the number of hours required 63.12 under this subdivision. 63.13 (c) The county shall provide the opportunity for subsidized 63.14 employment to participants needing that type of employment 63.15 within available appropriations. 63.16 (d) To be eligible for a hardship extension for employed 63.17 participants under this subdivision, a participant in a 63.18 one-parent assistance unit or both parents in a two-parent 63.19 assistance unit must be in compliance for at least ten out of 63.20 the 12 months immediately preceding the participant's 61st month 63.21 on assistance. If only one parent in a two-parent assistance 63.22 unit fails to be in compliance ten out of the 12 months 63.23 immediately preceding the participant's 61st month, the county 63.24 shall give the assistance unit the option of disqualifying the 63.25 noncompliant parent. If the noncompliant participant is 63.26 disqualified, the assistance unit must be treated as a 63.27 one-parent assistance unit for the purposes of meeting the work 63.28 requirements under this subdivision and the assistance unit's 63.29 MFIP grant shall be calculated using the shared household 63.30 standard under section 256J.08, subdivision 82a. 63.31 (e) The employment plan developed under section 256J.52, 63.32 subdivision 5, for participants under this subdivision must 63.33 contain the number of hours specified in paragraph (a) related 63.34 to employment and work activities. The job counselor and the 63.35 participant must sign the employment plan to indicate agreement 63.36 between the job counselor and the participant on the contents of 64.1 the plan. 64.2 (f) Participants who fail to meet the requirements in 64.3 paragraph (a), without good cause under section 256J.57, shall 64.4 be sanctioned or permanently disqualified under subdivision 6. 64.5 Good cause may only be granted for that portion of the month for 64.6 which the good cause reason applies. Participants must meet all 64.7 remaining requirements in the approved employment plan or be 64.8 subject to sanction or permanent disqualification. 64.9 (g) If the noncompliance with an employment plan is due to 64.10 the involuntary loss of employment, the participant is exempt 64.11 from the hourly employment requirement under this subdivision 64.12 for one month. Participants must meet all remaining 64.13 requirements in the approved employment plan or be subject to 64.14 sanction or permanent disqualification. This exemption is 64.15 available to one-parent assistance units two times in a 12-month 64.16 period, and two-parent assistance units, two times per parent in 64.17 a 12-month period. 64.18 (h) This subdivision expires on June 30, 2004. 64.19 Sec. 11. Minnesota Statutes 2000, section 256J.425, is 64.20 amended by adding a subdivision to read: 64.21 Subd. 4a. [HARDSHIP EXTENSION PENDING DOCUMENTATION.] If 64.22 the documentation needed to determine if a participant is 64.23 eligible for a hardship extension under subdivision 2 or 3 is 64.24 not available by the 60th month, the county agency may extend 64.25 the participant pending receipt of the documentation if the 64.26 county believes the participant is likely to qualify for a 64.27 hardship extension and the participant is cooperating with 64.28 efforts to obtain the documentation. If the participant is 64.29 found to be not eligible for an extension, the participant may 64.30 be responsible for an overpayment. 64.31 Sec. 12. Minnesota Statutes 2001 Supplement, section 64.32 256J.425, subdivision 5, is amended to read: 64.33 Subd. 5. [ACCRUAL OF CERTAIN EXEMPT MONTHS.] (a) A 64.34 participant who received TANF assistance that counted towards 64.35 the federal 60-month time limit while the participant was exempt 64.36 under section 256J.56, paragraph (a), clause (7), from 65.1 employment and training services requirements and who is no 65.2 longer eligible for assistance under a hardship extension under 65.3 subdivision 2, paragraph (a), clause (3), is eligible for 65.4 assistance under a hardship extension for a period of time equal 65.5 to the number of months that were counted toward the federal 65.6 60-month time limit while the participant was exempt under 65.7 section 256J.56, paragraph (a), clause (7), from the employment 65.8 and training services requirements. 65.9 (b) A participant who received TANF assistance that counted 65.10 towards the federal 60-month time limit while the participant 65.11 met the state time limit exemption criteria under section 65.12 256J.42, subdivision 4 or 5, is eligible for assistance under a 65.13 hardship extension for a period of time equal to the number of 65.14 months that were counted toward the federal 60-month time limit 65.15 while the participant met the state time limit exemption 65.16 criteria under section 256J.42, subdivision 5. 65.17 (c) A participant who received TANF assistance that counted 65.18 towards the federal 60-month time limit while the participant 65.19 was exempt under section 256J.56, paragraph (a), clause (3), 65.20 from employment and training services requirements, who 65.21 demonstrates at the time of the case review required under 65.22 section 256J.42, subdivision 6, that the participant met the 65.23 exemption criteria under section 256J.56, paragraph (a), clause 65.24 (7), during one or more months the participant was exempt under 65.25 section 256J.56, paragraph (a), clause (3), before or after July 65.26 1, 2002, is eligible for assistance under a hardship extension 65.27 for a period of time equal to the number of months that were 65.28 counted toward the federal 60-month time limit during the time 65.29 the participant met the criteria under section 256J.56, 65.30 paragraph (a), clause (7). At the time of the case review, a 65.31 county agency must explain to the participant the basis for 65.32 receiving a hardship extension based on the accrual of exempt 65.33 months. The participant must provide documentation necessary to 65.34 enable the county agency to determine whether the participant is 65.35 eligible to receive a hardship extension based on the accrual of 65.36 exempt months or authorize a county agency to verify the 66.1 information. 66.2 Sec. 13. Minnesota Statutes 2000, section 256L.01, 66.3 subdivision 4, is amended to read: 66.4 Subd. 4. [GROSS INDIVIDUAL OR GROSS FAMILY INCOME.] (a) 66.5 "Gross individual or gross family income" forfarm andnonfarm 66.6 self-employed means income calculated using as the baseline the 66.7 adjusted gross income reported on the applicant's federal income 66.8 tax form for the previous year and adding back in reported 66.9 depreciation, carryover loss, and net operating loss amounts 66.10 that apply to the business in which the family is currently 66.11 engaged. 66.12 (b) "Gross individual or gross family income" for farm 66.13 self-employed means income calculated using as the baseline the 66.14 adjusted gross income reported on the applicant's federal income 66.15 tax form for the previous year and adding back in reported 66.16 depreciation amounts that apply to the business in which the 66.17 family is currently engaged. 66.18 (c) Applicants shall report the most recent financial 66.19 situation of the family if it has changed from the period of 66.20 time covered by the federal income tax form. The report may be 66.21 in the form of percentage increase or decrease. 66.22 Sec. 14. Laws 2001, First Special Session chapter 9, 66.23 article 2, section 74, is amended to read: 66.24 Sec. 74. [ELIGIBILITY EXCEPTION TO THE PRESCRIPTION DRUG 66.25 PROGRAM.] 66.26 Notwithstanding the requirements of Minnesota Statutes, 66.27 section 256.955, subdivision 2, paragraph (d), from March 1, 66.28 2001, to June 30,20022003, the definition of a "qualified 66.29 individual" in the prescription drug program established under 66.30 Minnesota Statutes, section 256.955, shall include an individual 66.31 who: 66.32 (1) was enrolled in the prescription drug program prior to 66.33 March 1, 2001; 66.34 (2) was enrolled in a Medicare risk plan prior to March 1, 66.35 2001, to which an annual prescription drug benefit of $400 was 66.36 added on March 1, 2001; and 67.1 (3) meets the requirements described in Minnesota Statutes, 67.2 section 256.955, subdivision 2, paragraph (d), clauses (1) and 67.3 (5), and subdivision 2a. 67.4 The prescription benefit offered by the Medicare risk plan shall 67.5 be primary to benefits provided under the prescription drug 67.6 program. 67.7 ARTICLE 11 67.8 GENERAL FUND CONVERSION TO BOND FUNDS 67.9 Section 1. [INTENT.] 67.10 This article intends to return to the unreserved general 67.11 fund $75,043,000 by changing the fund source of the projects 67.12 listed in this article in the amounts shown in sections 2 to 14, 67.13 by decreasing the appropriation from the general fund and by 67.14 appropriating an equal amount from the aggregate of the bond 67.15 proceeds fund and the transportation fund. This action changes 67.16 the designation of the fund sources made under the cumulative 67.17 effect of Laws 1998, chapter 404; Laws 1999, chapter 250; and 67.18 Laws 2000, chapters 479 and 492. This article also makes a new 67.19 appropriation of $77,000 from the bond proceeds fund for bond 67.20 sale expenses in connection with the bonds authorized in this 67.21 article. 67.22 Sec. 2. [CAPITAL IMPROVEMENT APPROPRIATIONS.] 67.23 The sums in the column under "APPROPRIATIONS" are 67.24 appropriated from the bond proceeds fund or other named fund to 67.25 the state agencies or officials indicated, to be spent for 67.26 public purposes, including to acquire and to better public land 67.27 and buildings and other public improvements of a capital nature, 67.28 as specified in this article. 67.29 SUMMARY 67.30 UNIVERSITY OF MINNESOTA $ 500,000 67.31 CHILDREN, FAMILIES, AND LEARNING 500,000 67.32 NATURAL RESOURCES 6,973,000 67.33 WATER AND SOIL RESOURCES BOARD 300,000 67.34 ADMINISTRATION 43,350,000 67.35 CAPITOL AREA ARCHITECTURAL AND 67.36 PLANNING BOARD 250,000 68.1 AMATEUR SPORTS COMMISSION 690,000 68.2 TRANSPORTATION 13,590,000 68.3 HUMAN SERVICES 1,500,000 68.4 CORRECTIONS 250,000 68.5 TRADE AND ECONOMIC DEVELOPMENT 5,590,000 68.6 MINNESOTA HISTORICAL SOCIETY 1,550,000 68.7 BOND SALE EXPENSES 77,000 68.8 TOTAL $ 75,120,000 68.9 Bond Proceeds Fund 61,530,000 68.10 Transportation Fund 13,590,000 68.11 APPROPRIATIONS 68.12 $ 68.13 Sec. 3. UNIVERSITY OF MINNESOTA 500,000 68.14 To the board of regents of the 68.15 University of Minnesota for 1998 Higher 68.16 Education Asset Preservation and 68.17 Replacement. 68.18 Sec. 4. CHILDREN, FAMILIES, AND LEARNING 500,000 68.19 To the commissioner of children, 68.20 families, and learning for 1998 Early 68.21 Childhood Learning Facilities. 68.22 Sec. 5. NATURAL RESOURCES 68.23 Subdivision 1. To the commissioner 68.24 of natural resources for the purposes 68.25 specified in this section 6,973,000 68.26 Subd. 2. 1998 Park Building Rehabilitation 500,000 68.27 Subd. 3. 1998 Park Betterment 68.28 and Rehabilitation 500,000 68.29 Subd. 4. 1998 Forest Roads and Bridges 750,000 68.30 Subd. 5. 1998 Metro Greenways Acquisition 2,000,000 68.31 Subd. 6. Safe Harbors Program 3,223,000 68.32 Sec. 6. BOARD OF WATER AND 68.33 SOIL RESOURCES 300,000 68.34 To the board of water and soil 68.35 resources for local road replacement. 68.36 Sec. 7. ADMINISTRATION 68.37 Subdivision 1. To the commissioner of 68.38 administration for the purposes specified 68.39 in this section 45,350,000 68.40 Subd. 2. 2000 Asset Preservation 350,000 68.41 Subd. 3. 2000 Bureau of Criminal 68.42 Apprehension Facility 40,000,000 69.1 Subd. 4. 2000 Property Acquisition 450,000 69.2 Subd. 5. 1998 Asset Preservation 1,250,000 69.3 Subd. 6. 1998 Real Property Acquisition 1,000,000 69.4 Subd. 7. 1998 BCA Land Acquisition 300,000 69.5 Sec. 8. CAPITOL AREA ARCHITECTURAL 69.6 AND PLANNING BOARD 250,000 69.7 To the commissioner of administration 69.8 for the HHH Memorial. 69.9 Sec. 9. AMATEUR SPORTS COMMISSION 690,000 69.10 To the amateur sports commission for 69.11 the Giants Ridge Facility. 69.12 Sec. 10. TRANSPORTATION 69.13 Subdivision 1. To the commissioner of 69.14 transportation for the purposes specified 69.15 in this section 13,590,000 69.16 This appropriation is from the 69.17 transportation fund. 69.18 Subd. 2. 2000 County and Local Bridges 13,000,000 69.19 Subd. 3. 1998 CSAH Highway 90 590,000 69.20 Sec. 11. HUMAN SERVICES 1,500,000 69.21 To the commissioner of administration 69.22 for 1998 Asset Preservation. 69.23 Sec. 12. CORRECTIONS 250,000 69.24 To the commissioner of administration 69.25 for 1998 Asset Preservation. 69.26 Sec. 13. TRADE AND ECONOMIC DEVELOPMENT 5,590,000 69.27 To the commissioner of trade and 69.28 economic development for 2000 69.29 Wastewater Infrastructure. 69.30 Sec. 14. MINNESOTA HISTORICAL SOCIETY 69.31 Subdivision 1. To the Minnesota 69.32 historical society for the purposes 69.33 specified in this section 1,550,000 69.34 Subd. 2. 1998 Historic Site 69.35 Preservation and Repair 850,000 69.36 Subd. 3. Split Rock Lighthouse 700,000 69.37 Sec. 15. BOND SALE EXPENSES 77,000 69.38 To the commissioner of finance for 69.39 bond sale expenses under Minnesota 69.40 Statutes, section 16A.641, subdivision 8. 69.41 Sec. 16. [IDENTICAL PROJECTS.] 69.42 The purpose and use of appropriations in this article are 69.43 for the same purpose and use and for identical projects as 70.1 authorized in Laws 1998, chapter 404; Laws 1999, chapter 250; 70.2 and Laws 2000, chapters 479 and 492. Except for the fund source 70.3 of unspent parts of the appropriations listed in this article, 70.4 this article does not change or limit the purpose and use of the 70.5 appropriations and related requirements in Laws 1998, chapter 70.6 404; Laws 1999, chapter 250; and Laws 2000, chapters 479 and 492. 70.7 Sec. 17. [BOND SALE AUTHORIZATIONS.] 70.8 Subdivision 1. [BOND PROCEEDS FUND.] To provide the money 70.9 appropriated in this article from the bond proceeds fund, the 70.10 commissioner of finance shall sell and issue bonds of the state 70.11 in an amount up to $61,530,000 in the manner, upon the terms, 70.12 and with the effect prescribed by Minnesota Statutes, sections 70.13 16A.631 to 16A.675, and by the Minnesota Constitution, article 70.14 XI, sections 4 to 7. 70.15 Subd. 2. [TRANSPORTATION FUND.] To provide the money 70.16 appropriated in this article from the transportation fund, the 70.17 commissioner of finance shall sell and issue bonds of the state 70.18 in an amount up to $13,590,000 in the manner, upon the terms, 70.19 and with the effect prescribed by Minnesota Statutes, sections 70.20 16A.631 to 16A.675, and by the Minnesota Constitution, article 70.21 XI, sections 4 to 7. The proceeds of the bonds, except accrued 70.22 interest and any premium received on the sale of the bonds, must 70.23 be credited to a bond proceeds account in the state 70.24 transportation fund. 70.25 Sec. 18. [CANCELLATION TO GENERAL FUND.] 70.26 Money appropriated from the general fund pursuant to 1998, 70.27 1999, and 2000 acts and not yet spent for the projects listed in 70.28 this article is canceled to the general fund in the amount shown 70.29 for each project. 70.30 Sec. 19. [EFFECTIVE DATE.] 70.31 This article is effective the day following final 70.32 enactment." 70.33 Delete the title and insert: 70.34 "A bill for an act 70.35 relating to the financing of state government; 70.36 appropriating money and reducing appropriations for 70.37 kindergarten through grade 12, early childhood and 71.1 family education, higher education, environment, state 71.2 government, and health and human services; canceling 71.3 balances and appropriations and transferring balances 71.4 to the general fund in order to avert a deficit; 71.5 converting certain capital project financing from 71.6 general fund cash to general obligation bonding; 71.7 modifying education levies and aids; transferring 71.8 programs; changing certain fees; modifying certain 71.9 programs; amending Minnesota Statutes 2000, sections 71.10 13.05, subdivision 4; 16A.28, subdivision 6; 16B.27, 71.11 by adding a subdivision; 79.251, subdivision 1; 71.12 115A.557, subdivision 1; 115A.96, subdivisions 2, 3, 71.13 4, 5, 7, as added; 124D.69, by adding a subdivision; 71.14 125A.65, subdivisions 1, 3, 8, 9; 127A.45, 71.15 subdivisions 2, 3, 10, 13, 14, 16, by adding a 71.16 subdivision; 136A.121, subdivision 7; 144.395, 71.17 subdivision 1, as amended; 241.44, by adding a 71.18 subdivision; 256.9657, subdivision 1, as amended; 71.19 256B.431, subdivisions 23, as amended, 37, as added; 71.20 256E.06, subdivision 3; 256J.425, by adding a 71.21 subdivision; 256L.01, subdivision 4; Minnesota 71.22 Statutes 2001 Supplement, sections 62J.694, 71.23 subdivision 1; 123B.54, as amended; 124D.11, 71.24 subdivision 9; 126C.10, subdivision 13; 126C.17, 71.25 subdivision 7; 127A.45, subdivision 14a; 241.021, 71.26 subdivision 4; 256B.5013, subdivision 1, as amended; 71.27 256J.425, subdivisions 3, 4, 5; Laws 1997, chapter 71.28 202, article 2, section 61, as amended; Laws 2001, 71.29 First Special Session chapter 3, article 1, section 71.30 17, subdivision 2; Laws 2001, First Special Session 71.31 chapter 3, article 1, section 17, subdivision 3, as 71.32 amended; Laws 2001, First Special Session chapter 3, 71.33 article 1, section 17, subdivision 4; Laws 2001, First 71.34 Special Session chapter 3, article 1, section 17, 71.35 subdivision 7, as amended; Laws 2001, First Special 71.36 Session chapter 3, article 1, section 17, subdivision 71.37 9, as amended; Laws 2001, First Special Session 71.38 chapter 3, article 1, section 19, subdivision 3, as 71.39 amended; Laws 2001, First Special Session chapter 3, 71.40 article 1, section 19, subdivision 5, as amended; Laws 71.41 2001, First Special Session chapter 3, article 2, 71.42 section 15, subdivision 3, as amended; Laws 2001, 71.43 First Special Session chapter 3, article 2, section 71.44 15, subdivision 4; Laws 2001, First Special Session 71.45 chapter 3, article 2, section 15, subdivision 6; Laws 71.46 2001, First Special Session chapter 3, article 3, 71.47 section 9, subdivision 5; Laws 2001 First Special 71.48 Session chapter 3, article 3, section 9, subdivision 71.49 7; Laws 2001, First Special Session chapter 3, article 71.50 4, section 5, subdivision 2, as amended; Laws 2001, 71.51 First Special Session chapter 3, article 4, section 5, 71.52 subdivision 3; Laws 2001, First Special Session 71.53 chapter 5, article 2, section 29, subdivision 2, as 71.54 amended; Laws 2001, First Special Session chapter 6, 71.55 article 1, section 54, subdivision 2, as amended; Laws 71.56 2001, First Special Session chapter 6, article 1, 71.57 section 54, subdivision 4, as amended; Laws 2001, 71.58 First Special Session chapter 6, article 1, section 71.59 54, subdivision 5, as amended; Laws 2001, First 71.60 Special Session chapter 6, article 1, section 54, 71.61 subdivision 6, as amended; Laws 2001, First Special 71.62 Session chapter 6, article 1, section 54, subdivision 71.63 7, as amended; Laws 2001, First Special Session 71.64 chapter 6, article 2, section 77, subdivision 4, as 71.65 amended; Laws 2001, First Special Session chapter 6, 71.66 article 2, section 77, subdivision 5, as amended; Laws 71.67 2001, First Special Session chapter 6, article 2, 71.68 section 77, subdivision 6; Laws 2001, First Special 71.69 Session chapter 6, article 2, section 77, subdivision 71.70 8, as amended; Laws 2001, First Special Session 71.71 chapter 6, article 2, section 77, subdivision 11, as 72.1 amended; Laws 2001, First Special Session chapter 6, 72.2 article 2, section 77, subdivision 15, as amended; 72.3 Laws 2001, First Special Session chapter 6, article 2, 72.4 section 77, subdivision 18, as amended; Laws 2001, 72.5 First Special Session chapter 6, article 3, section 72.6 21, subdivision 2, as amended; Laws 2001, First 72.7 Special Session chapter 6, article 3, section 21, 72.8 subdivision 3, as amended; Laws 2001, First Special 72.9 Session chapter 6, article 3, section 21, subdivision 72.10 4, as amended; Laws 2001, First Special Session 72.11 chapter 6, article 3, section 21, subdivision 5, as 72.12 amended; Laws 2001, First Special Session chapter 6, 72.13 article 3, section 21, subdivision 7, as amended; Laws 72.14 2001, First Special Session chapter 6, article 4, 72.15 section 27, subdivision 2, as amended; Laws 2001, 72.16 First Special Session chapter 6, article 4, section 72.17 27, subdivision 3, as amended; Laws 2001, First 72.18 Special Session chapter 6, article 4, section 27, 72.19 subdivision 5, as amended; Laws 2001, First Special 72.20 Session chapter 6, article 5, section 13, subdivision 72.21 3; Laws 2001, First Special Session chapter 6, article 72.22 7, section 14, as amended; Laws 2001, First Special 72.23 Session chapter 9, article 2, section 74; Laws 2002, 72.24 chapter 220, article 2, section 14, subdivision 1; 72.25 Laws 2002, chapter 220, article 8, section 15; Laws 72.26 2002, chapter 220, article 10, section 4; Laws 2002, 72.27 chapter 220, article 10, section 36; Laws 2002, 72.28 chapter 220, article 10, section 37, as amended; Laws 72.29 2002 chapter 220, article 10, section 38, subdivision 72.30 2; Laws 2002, chapter 220, article 10, section 38, 72.31 subdivision 3; Laws 2002, chapter 220, article 10, 72.32 section 39; Laws 2002, chapter 220, article 13, 72.33 section 7; Laws 2002, chapter 220, article 13, section 72.34 9, subdivision 1; Laws 2002, chapter 220, article 13, 72.35 section 9, subdivision 2." 73.1 We request adoption of this report and repassage of the 73.2 bill. 73.5 House Conferees: 73.8 ......................... ......................... 73.9 Kevin Goodno Philip Krinkie 73.12 ......................... ......................... 73.13 Alice Seagren Ron Abrams 73.16 ......................... 73.17 Thomas Pugh 73.22 Senate Conferees: 73.25 ......................... ......................... 73.26 Douglas J. Johnson Linda Berglin 73.29 ......................... ......................... 73.30 Lawrence J. Pogemiller Dick Day 73.33 ......................... 73.34 Leonard R. Price