1st Engrossment - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to legislative enactments; correcting 1.3 miscellaneous oversights, inconsistencies, unintended 1.4 results, and technical errors in state government, 1.5 human services, and prekindergarten-grade 12 education 1.6 code appropriations acts; appropriating money; 1.7 amending Minnesota Statutes 1998, sections 125A.21, 1.8 subdivision 1; and 256B.501, by adding a subdivision; 1.9 Minnesota Statutes 1999 Supplement, sections 16A.129, 1.10 subdivision 3; 124D.65, subdivision 4; 126C.052; 1.11 126C.10, subdivisions 2 and 23; 126C.12, subdivision 1.12 1; and 256B.77, subdivision 10; Laws 1999, chapters 1.13 241, articles 1, section 70; and 4, section 29; 245, 1.14 articles 1, section 3, subdivision 2; and 4, section 1.15 121; 250, article 1, sections 11 and 14, subdivision 1.16 3; repealing Laws 1999, chapter 241, article 10, 1.17 section 5; and 250, article 1, section 15, subdivision 1.18 4. 1.19 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.20 ARTICLE 1 1.21 STATE GOVERNMENT 1.22 Section 1. Minnesota Statutes 1999 Supplement, section 1.23 16A.129, subdivision 3, is amended to read: 1.24 Subd. 3. [CASH ADVANCES.] When the operations of any 1.25 nongeneral fund account would be impeded by projected cash 1.26 deficiencies resulting from delays in the receipt of grants, 1.27 dedicated income, or other similar receivables, and when the 1.28 deficiencies would be corrected within the budget period 1.29 involved, the commissioner of finance may use general fund cash 1.30 reserves to meet cash demands. If funds are transferred from 1.31 the general fund to meet cash flow needs, the cash flow 1.32 transfers must be returned to the general fund as soon as 2.1 sufficient cash balances are available in the account to which 2.2 the transfer was made.
The fund to which general fund cash was2.3 advanced must pay interest on the cash advance at a rate2.4 comparable to the rate earned by the state on invested2.5 treasurer's cash, as determined monthly by the commissioner. An2.6 amount necessary to pay the interest is appropriated from the2.7 nongeneral fund to which the cash advance was made.Any 2.8 interest earned on general fund cash flow transfers accrues to 2.9 the general fund and not to the accounts or funds to which the 2.10 transfer was made. The commissioner may advance general fund 2.11 cash reserves to nongeneral fund accounts where the receipts 2.12 from other governmental units cannot be collected within the 2.13 budget period. 2.14 Sec. 2. Laws 1999, chapter 250, article 1, section 11, is 2.15 amended to read: 2.16 Sec. 11. OFFICE OF STRATEGIC 2.17 AND LONG-RANGE PLANNING 6,891,000 4,417,000 2.18 $100,000 the first year is to integrate 2.19 the office's information technology and 2.20 is available until June 30, 2003. The 2.21 director shall report on the progress 2.22 of the unit to the chairs of the 2.23 legislative committees responsible for 2.24 this budget item by January 15, 2000, 2.25 2001, and 2002. 2.26 $1,600,000 the first year is for a 2.27 generic environmental impact statement 2.28 on animal agriculture. 2.29 $200,000 the first year is to perform 2.30 program evaluations of agencies in the 2.31 executive branch. 2.32 The program evaluation division will 2.33 report to the legislature by December 2.34 1, 2000, ways to reduce state 2.35 government expenditures by five to ten 2.36 percent. 2.37 $100,000 the first year is to provide 2.38 administrative support to 2.39 community-based planning efforts. 2.40 $150,000 the first year is for a grant 2.41 of $50,000 to the southwest regional 2.42 development commission for the 2.43 continuation of the pilot program and 2.44 two additional grants of $50,000 each 2.45 to regional development commissions or, 2.46 in regions not served by regional 2.47 development commissions, to regional 2.48 organizations selected by the director 2.49 of strategic and long-range planning, 2.50 to support planning work on behalf of 3.1 local units of government. The 3.2 planning work shall include, but need 3.3 not be limited to: 3.4 (1) development of local zoning 3.5 ordinances; 3.6 (2) land use plans; 3.7 (3) community or economic development 3.8 plans; 3.9 (4) transportation and transit plans; 3.10 (5) solid waste management plans; 3.11 (6) wastewater management plans; 3.12 (7) workforce development plans; 3.13 (8) housing development plans and/or 3.14 market analysis; 3.15 (9) rural health service plans; 3.16 (10) natural resources management 3.17 plans; or 3.18 (11) development of geographical 3.19 information systems database to serve a 3.20 region's needs, including hardware and 3.21 software purchases and related labor 3.22 costs. 3.23 $200,000 the first year is to prepare 3.24 the generic environmental impact 3.25 statement on urban development required 3.26 by section 108. Any unencumbered 3.27 balance remaining in the first year 3.28 does not cancel and is available for 3.29 the second year of the biennium. 3.30 $24,000 the first year is for the 3.31 southwest Minnesota wind monitoring 3.32 project. 3.33 $100,000 the first year is for a grant 3.34 to the city of Mankato to complete the 3.35 Mankato area growth management and 3.36 planning study, phase 2. The 3.37 appropriation is available until June 3.38 30, 2002. The appropriation must be 3.39 matched by an in-kind donation of 3.40 $100,000 in administrative, technical, 3.41 and higher educational internship 3.42 support and supervision. The value of 3.43 the in-kind donations must be 3.44 determined by the commissioner of 3.45 finance. 3.46 The city shall serve as fiscal agent to 3.47 complete the study under the 1997 3.48 regional planning joint powers 3.49 agreement among the cities of Mankato, 3.50 North Mankato, and Eagle Lake; the 3.51 counties of Nicollet and Blue Earth; 3.52 and the towns of Mankato, South Bend, 3.53 Lime, Decoria, and Belgrade, without 3.54 limitation on the rights of the parties 3.55 to that agreement to add or remove 3.56 members. The study is intended as an 4.1 alternative to community-based 4.2 planning. The study is intended to 4.3 develop information and analysis to 4.4 provide guidance on such issues as: 4.5 (1) the development of joint planning 4.6 agreements to implement a unified 4.7 growth management strategy; 4.8 (2) joint service ventures, such as 4.9 planning or zoning administration in 4.10 urban fringe areas; 4.11 (3) orderly growth and annexation 4.12 agreements between cities and 4.13 townships; 4.14 (4) feedlot regulations in urban fringe 4.15 areas and future growth corridors; 4.16 (5) service strategies for unsewered 4.17 subdivisions; 4.18 (6) other joint ventures for city, 4.19 county, and township service delivery 4.20 in fringe areas; 4.21 (7) feasibility of a rural township 4.22 taxing district; and 4.23 (8) alternatives to the current 4.24 community-based planning legislation 4.25 that would add flexibility and improve 4.26 the planning process. 4.27 The city of Mankato shall report the 4.28 results of the study to the legislature 4.29 by January 15, 2002. 4.30 Sec. 3. Laws 1999, chapter 250, article 1, section 14, 4.31 subdivision 3, is amended to read: 4.32 Subd. 3. Information and 4.33 Management Services 4.34 16,643,000 9,932,000 4.35 $100,000 the first year is for a grant4.36 to the city of Mankato to complete the4.37 Mankato area growth management and4.38 planning study, phase 2. The4.39 appropriation is available until June4.40 30, 2002. The appropriation must be4.41 matched by an in-kind donation of4.42 $100,000 in administrative, technical,4.43 and higher educational internship4.44 support and supervision. The value of4.45 the in-kind donations must be4.46 determined by the commissioner of4.47 finance.4.48 The city shall serve as fiscal agent to4.49 complete the study under the 19974.50 regional planning joint powers4.51 agreement among the cities of Mankato,4.52 North Mankato, and Eagle Lake; the4.53 counties of Nicollet and Blue Earth;4.54 and the towns of Mankato, South Bend,4.55 Lime, Decoria, and Belgrade, without4.56 limitation on the rights of the parties5.1 to that agreement to add or remove5.2 members. The study is intended as an5.3 alternative to community-based5.4 planning. The study is intended to5.5 develop information and analysis to5.6 provide guidance on such issues as:5.7 (1) the development of joint planning5.8 agreements to implement a unified5.9 growth management strategy;5.10 (2) joint service ventures, such as5.11 planning or zoning administration in5.12 urban fringe areas;5.13 (3) orderly growth and annexation5.14 agreements between cities and5.15 townships;5.16 (4) feedlot regulations in urban fringe5.17 areas and future growth corridors;5.18 (5) service strategies for unsewered5.19 subdivisions;5.20 (6) other joint ventures for city,5.21 county, and township service delivery5.22 in fringe areas;5.23 (7) feasibility of a rural township5.24 taxing district; and5.25 (8) alternatives to the current5.26 community-based planning legislation5.27 that would add flexibility and improve5.28 the planning process.5.29 The city of Mankato shall report the5.30 results of the study to the legislature5.31 by January 15, 2002.5.32 $6,839,000 the first year is a one-time 5.33 appropriation to upgrade the human 5.34 resources and payroll system and is 5.35 available until June 30, 2003. The 5.36 commissioner shall report on the 5.37 progress of this project to the chairs 5.38 of the legislative committees 5.39 responsible for this budget item by 5.40 January 15, 2000, 2001, and 2002. 5.41 The commissioner of finance shall work 5.42 with the commissioners of employee 5.43 relations and administration and shall 5.44 develop as part of the human resource 5.45 and payroll systems upgrade, and submit 5.46 to the chairs of the senate 5.47 governmental operations budget division 5.48 and the house state government finance 5.49 committee by January 15, 2000, a 5.50 long-range plan for the statewide 5.51 business systems: human resources, 5.52 payroll, accounting, and procurement. 5.53 The plan must detail each system's 5.54 original development costs, its 5.55 expected life cycle, the estimated cost 5.56 of upgrading software to newer versions 5.57 during its life cycle, its operating 5.58 costs to date, and the factors that are 5.59 expected to drive future operating 5.60 costs within the departments of 6.1 finance, administration, and employee 6.2 relations. The plan must also include 6.3 an evaluation of and recommendations on 6.4 whether, for the statewide business 6.5 systems, the state should use software 6.6 that is developed and maintained in 6.7 house; proprietary software, either 6.8 modified or unmodified; a private 6.9 vendor; or a particular combination of 6.10 these options. 6.11 The commissioner of finance, in 6.12 consultation with senate and house 6.13 fiscal staff and the commissioner of 6.14 administration, shall develop 6.15 recommendations for inclusion in the 6.16 governor's fiscal year 2002-2003 budget 6.17 document on the presentation of 6.18 internal service funds. The 6.19 commissioner of finance shall submit 6.20 the recommendations to the chairs of 6.21 the senate governmental operations 6.22 budget division and the house state 6.23 government finance committee by January 6.24 15, 2000. 6.25 The department shall prepare a separate 6.26 budget book for the biennium beginning 6.27 July 1, 2001, containing all of the 6.28 administration's technology 6.29 initiatives. The book must also 6.30 include a complete inventory of 6.31 state-owned and leased technology, 6.32 along with a projected replacement 6.33 schedule. The inventory must include 6.34 information on how the technology fits 6.35 into the state's master plan. 6.36 Sec. 4. [REPEALER.] 6.37 Laws 1999, chapter 250, article 1, section 15, subdivision 6.38 4, is repealed. 6.39 ARTICLE 2 6.40 DEPARTMENT OF HUMAN SERVICES 6.41 Section 1. Minnesota Statutes 1998, section 125A.21, 6.42 subdivision 1, is amended to read: 6.43 Subdivision 1. [OBLIGATION TO PAY.] Nothing in sections 6.44 125A.03 to 125A.24 and 125A.65 relieves an insurer or similar 6.45 third party from an otherwise valid obligation to pay, or 6.46 changes the validity of an obligation to pay, for services 6.47 rendered to a child with a disability, and the child's family. 6.48 A school district shall pay the nonfederal share of medical 6.49 assistance services provided according to section 256B.0625, 6.50 subdivision 26. Eligible expenditures must not be made from 6.51 federal funds or funds used to match other federal funds. Any 6.52 federal disallowances are the responsibility of the school 7.1 district. A school district may pay or reimburse copayments, 7.2 coinsurance, deductibles, and other enrollee cost-sharing 7.3 amounts, on behalf of the student or family, in connection with 7.4 health and related services provided under an individual 7.5 educational plan. 7.6 Sec. 2. Minnesota Statutes 1998, section 256B.501, is 7.7 amended by adding a subdivision to read: 7.8 Subd. 13. [ICF/MR RATE INCREASES BEGINNING OCTOBER 1, 7.9 1999, AND OCTOBER 1, 2000.] (a) For the rate years beginning 7.10 October 1, 1999, and October 1, 2000, the commissioner shall 7.11 make available to each facility reimbursed under this section, 7.12 section 256B.5011, and Laws 1993, First Special Session chapter 7.13 1, article 4, section 11, an adjustment to the total operating 7.14 payment rate. For each facility, total operating costs shall be 7.15 separated into costs that are compensation-related and all other 7.16 costs. "Compensation-related costs" means the facility's 7.17 allowable program operating cost category employee training 7.18 expenses, and the facility's allowable salaries, payroll taxes, 7.19 and fringe benefits. The term does not include these same 7.20 salary-related costs for both administrative or central office 7.21 employees. 7.22 For the purpose of determining the adjustment to be granted 7.23 under this subdivision, the commissioner must use the most 7.24 recent cost report that has been subject to desk audit. 7.25 (b) For the rate year beginning October 1, 1999, the 7.26 commissioner shall make available a rate increase for 7.27 compensation-related costs of 4.6 percent and a rate increase 7.28 for all other operating costs of 3.2 percent. 7.29 (c) For the rate year beginning October 1, 2000, the 7.30 commissioner shall make available a rate increase for 7.31 compensation-related costs of 3.6 percent and a rate increase 7.32 for all other operating costs of two percent. 7.33 (d) For each facility, the commissioner shall determine the 7.34 payment rate adjustment using the categories specified in 7.35 paragraph (a) multiplied by the rate increases specified in 7.36 paragraph (b) or (c), and then dividing the resulting amount by 8.1 the facility's actual resident days. 8.2 (e) Any facility whose payment rates are governed by 8.3 closure agreements, receivership agreements, or Minnesota Rules, 8.4 part 9553.0075, are not eligible for an adjustment otherwise 8.5 granted under this subdivision. 8.6 (f) A facility may apply for the compensation-related 8.7 payment rate adjustment calculated under this subdivision. The 8.8 application must be made to the commissioner and contain a plan 8.9 by which the facility will distribute the compensation-related 8.10 portion of the payment rate adjustment to employees of the 8.11 facility. For facilities in which the employees are represented 8.12 by an exclusive bargaining representative, an agreement 8.13 negotiated and agreed to by the employer and the exclusive 8.14 bargaining representative constitutes the plan. The 8.15 commissioner shall review the plan to ensure that the payment 8.16 rate adjustment per diem is used as provided in this 8.17 subdivision. To be eligible, a facility must submit its plan 8.18 for the compensation distribution by December 31 each year. A 8.19 facility may amend its plan for the second rate year by 8.20 submitting a revised plan by December 31, 2000. If a facility's 8.21 plan for compensation distribution is effective for its 8.22 employees after October 1 of the year that the funds are 8.23 available, the payment rate adjustment per diem shall be 8.24 effective the same date as its plan. 8.25 (g) A copy of the approved distribution plan must be made 8.26 available to all employees. This must be done by giving each 8.27 employee a copy or by posting it in an area of the facility to 8.28 which all employees have access. If an employee does not 8.29 receive the compensation adjustment described in their 8.30 facility's approved plan and is unable to resolve the problem 8.31 with the facility's management or through the employee's union 8.32 representative, the employee may contact the commissioner at an 8.33 address or phone number provided by the commissioner and 8.34 included in the approved plan. 8.35 Sec. 3. Minnesota Statutes 1999 Supplement, section 8.36 256B.77, subdivision 10, is amended to read: 9.1 Subd. 10. [CAPITATION PAYMENT.] (a) The commissioner shall 9.2 pay a capitation payment to the county authority and, when 9.3 applicable under subdivision 6, paragraph (a), to the service 9.4 delivery organization for each medical assistance eligible 9.5 enrollee. The commissioner shall develop capitation payment 9.6 rates for the initial contract period for each demonstration 9.7 site in consultation with an independent actuary, to ensure that 9.8 the cost of services under the demonstration project does not 9.9 exceed the estimated cost for medical assistance services for 9.10 the covered population under the fee-for-service system for the 9.11 demonstration period. For each year of the demonstration 9.12 project, the capitation payment rate shall be based on 96 9.13 percent of the projected per person costs that would otherwise 9.14 have been paid under medical assistance fee-for-service during 9.15 each of those years. Rates shall be adjusted within the limits 9.16 of the available risk adjustment technology, as mandated by 9.17 section 62Q.03. In addition, the commissioner shall implement 9.18 appropriate risk and savings sharing provisions with county 9.19 administrative entities and, when applicable under subdivision 9.20 6, paragraph (a), service delivery organizations within the 9.21 projected budget limits. Capitation rates shall be adjusted, at 9.22 least annually, to include any rate increases and payments for 9.23 expanded or newly covered services for eligible individuals. 9.24 The initial demonstration project rate shall include an amount 9.25 in addition to the fee-for-service payments to adjust for 9.26 underutilization of dental services. Any savings beyond those 9.27 allowed for the county authority, county administrative entity, 9.28 or service delivery organization shall be first used to meet the 9.29 unmet needs of eligible individuals. Payments to providers 9.30 participating in the project are exempt from the requirements of 9.31 sections 256.966 and 256B.03, subdivision 2. 9.32 (b) The commissioner shall monitor and evaluate annually 9.33 the effect of the discount on consumers, the county authority, 9.34 and providers of disability services. Findings shall be 9.35 reported and recommendations made, as appropriate, to ensure 9.36 that the discount effect does not adversely affect the ability 10.1 of the county administrative entity or providers of services to 10.2 provide appropriate services to eligible individuals, and does 10.3 not result in cost shifting of eligible individuals to the 10.4 county authority. 10.5 (c) For risk-sharing to occur under this subdivision, the 10.6 aggregate fee-for-service cost of covered services provided by 10.7 the county administrative entity under this section must exceed 10.8 the aggregate sum of capitation payments made to the county 10.9 administrative entity under this section. The county authority 10.10 is required to maintain its current level of nonmedical 10.11 assistance spending on enrollees. If the county authority 10.12 spends less in nonmedical assistance dollars on enrollees than 10.13 it spent the year prior to the contract year, the amount of 10.14 underspending shall be deducted from the aggregate 10.15 fee-for-service cost of covered services. The commissioner 10.16 shall then compare the fee-for-service costs and capitation 10.17 payments related to the services provided for the term of this 10.18 contract. The commissioner shall base its calculation of the 10.19 fee-for-service costs on application of the medical assistance 10.20 fee schedule to services identified on the county administrative 10.21 entity's encounter claims submitted to the commissioner. The 10.22 aggregate fee-for-service cost shall not include any third-party 10.23 recoveries or cost-avoided amounts. 10.24 If the commissioner finds that the aggregate 10.25 fee-for-service cost is greater than the sum of the capitation 10.26 payments, the commissioner shall settle according to the 10.27 following schedule: 10.28 (1) For the first contract year for each project, the 10.29 commissioner shall pay the county administrative entity 50 10.30 percent of the difference between the sum of the capitation 10.31 payments and 100 percent of projected fee-for-service costs. 10.32 For aggregate fee-for-service costs in excess of 100 percent of 10.33 projected fee-for-service costs, the commissioner shall pay 25010.34 25 percent of the difference between the aggregate 10.35 fee-for-service costs and the projected fee-for-service costs, 10.36 up to 104 percent of the projected fee-for-service costs. The 11.1 county administrative entity shall be responsible for all costs 11.2 in excess of 104 percent of projected fee-for-service costs. 11.3 (2) For the second contract year for each project, the 11.4 commissioner shall pay the county administrative entity 37.5 11.5 percent of the difference between the sum of the capitation 11.6 payments and 100 percent of projected fee-for-service costs. 11.7 The county administrative entity shall be responsible for all 11.8 costs in excess of 100 percent of projected fee-for-service 11.9 costs. 11.10 (3) For the third contract year for each project, the 11.11 commissioner shall pay the county administrative entity 25 11.12 percent of the difference between the sum of the capitation 11.13 payments and 100 percent of projected fee-for-service costs. 11.14 The county administrative entity shall be responsible for all 11.15 costs in excess of 100 percent of projected fee-for-service 11.16 costs. 11.17 (4) For the fourth and subsequent contract years for each 11.18 project, the county administrative entity shall be responsible 11.19 for all costs in excess of the capitation payments. 11.20 (d) In addition to other payments under this subdivision, 11.21 the commissioner may increase payments by up to 0.25 percent of 11.22 the projected per person costs that would otherwise have been 11.23 paid under medical assistance fee-for-service. The commissioner 11.24 may make the increased payments to: 11.25 (1) offset rate increases for regional treatment services 11.26 under subdivision 22 which are higher than was expected by the 11.27 commissioner when the capitation was set at 96 percent; and 11.28 (2) implement incentives to encourage appropriate, high 11.29 quality, efficient services. 11.30 Sec. 4. Laws 1999, chapter 245, article 1, section 3, 11.31 subdivision 2, is amended to read: 11.32 Subd. 2. Health Systems 11.33 and Special Populations 66,999,000 66,269,000 11.34 Summary by Fund 11.35 General 46,593,000 46,299,000 11.36 State Government 11.37 Special Revenue 10,557,000 10,012,000 12.1 Health Care 12.2 Access 9,849,000 9,958,000 12.3 [MERC ADMINISTRATIVE COSTS.] Of the 12.4 general fund appropriation for the 12.5 medical education and research fund, 12.6 $150,000 in fiscal year 2000 and 12.7 $150,000 in fiscal year 2001 is for the 12.8 commissioner for administrative costs 12.9 in implementing Minnesota Statutes, 12.10 sections 62J.692 and 62J.693. 12.11 [WIC TRANSFERS.] The general fund 12.12 appropriation for the women, infants, 12.13 and children (WIC) food supplement 12.14 program is available for either year of 12.15 the biennium. Transfers of these funds 12.16 between fiscal years must either be to 12.17 maximize federal funds or to minimize 12.18 fluctuations in the number of program 12.19 participants. 12.20 [MINNESOTA CHILDREN WITH SPECIAL HEALTH 12.21 NEEDS CARRYOVER.] General fund 12.22 appropriations for treatment services 12.23 in the services for Minnesota children 12.24 with special health needs program are 12.25 available for either year of the 12.26 biennium. 12.27 [SUICIDE PREVENTION STUDY.] Of the 12.28 general fund appropriation, $100,000 in 12.29 fiscal year 2000 is for the 12.30 commissioner to study suicide issues 12.31 and develop a suicide prevention plan. 12.32 The study must be conducted in 12.33 consultation with local community 12.34 health boards, mental health 12.35 professionals, schools, and other 12.36 interested parties. The plan must be 12.37 reported to the legislature by January 12.38 15, 2000. 12.39 [FAMILY PRACTICE RESIDENCY PROGRAM.] Of 12.40 the general fund appropriation, 12.41 $300,000 in fiscal year 2000 is to the 12.42 commissioner to make a grant to the 12.43 city of Duluth for a family practice 12.44 residency program for northeastern 12.45 Minnesota. 12.46 [UNCOMPENSATED CARE.] The commissioner 12.47 shall study and report to the 12.48 legislature by January 15, 2000, with: 12.49 (1) statistical information on the 12.50 amount of uncompensated health care 12.51 provided in Minnesota, the types of 12.52 care provided, the settings in which 12.53 the care is provided, and, if known, 12.54 the most common reasons why the care is 12.55 uncompensated; and 12.56 (2) recommendations for reducing the 12.57 level of uncompensated care, including, 12.58 but not limited to, methods to enroll 12.59 eligible persons in public health care 12.60 programs through simplification of the 12.61 application process and other efforts. 13.1 [RURAL HOSPITAL CAPITAL IMPROVEMENT 13.2 GRANT PROGRAM.] (a) Of this 13.3 appropriation, $2,800,000 for each 13.4 fiscal year is from the health care 13.5 access fund to the commissioner for the 13.6 rural hospital capital improvement 13.7 grant program described in Minnesota 13.8 Statutes, section 144.148. This 13.9 appropriation shall not become part of 13.10 the base for the 2002-2003 biennium. 13.11 (b) The commissioner may provide up to 13.12 $300,000 for the Westbrook health 13.13 center for hospital and clinic 13.14 improvements, upon receipt of 13.15 information from the Westbrook health 13.16 center indicating how it has fulfilled 13.17 the requirements of Minnesota Statutes, 13.18 section 144.148, and evidence that it 13.19 has raised at least a dollar-for-dollar 13.20 match from nonstate sources. 13.21 [ACCESS TO SUMMARY MINIMUM DATA SET 13.22 (MDS).] The commissioner, in 13.23 cooperation with the commissioner of 13.24 administration, shall work to obtain 13.25 access to Minimum Data Set (MDS) data 13.26 that is electronically transmitted by 13.27 nursing facilities to the health 13.28 department. The MDS data shall be made 13.29 available on a quarterly basis to 13.30 industry trade associations for use in 13.31 quality improvement efforts and 13.32 comparative analysis. The MDS data 13.33 shall be provided to the industry trade 13.34 associations in the form of summary 13.35 aggregate data, without patient 13.36 identifiers, to ensure patient 13.37 privacy. The commissioner may charge 13.38 for the actual cost of production of 13.39 these documents. 13.40 [NURSING HOME MORATORIUM REPORT.] In 13.41 preparing the report required by 13.42 Minnesota Statutes, section 144A.071, 13.43 subdivision 5, the commissioner and the 13.44 commissioner of human services shall 13.45 analyze the adequacy of the supply of 13.46 nursing home beds by measuring the 13.47 ability of hospitals to promptly 13.48 discharge patients to a nursing home 13.49 within the hospital's primary service 13.50 area. If it is determined that a 13.51 shortage of beds exists, the report 13.52 shall present a plan to correct the 13.53 service deficits. The report shall 13.54 also analyze the impact of assisted 13.55 living services on the medical 13.56 assistance utilization of nursing homes. 13.57 [HEALTH CARE PURCHASING ALLIANCES.] Of 13.58 the health care access fund 13.59 appropriation, $100,000 each year is to 13.60 the commissioner for grants to two 13.61 local organizations to develop health 13.62 care purchasing alliances under 13.63 Minnesota Statutes, section 62T.02, to 13.64 negotiate the purchase of health care 13.65 services from licensed entities. Of 13.66 this amount, $50,000 each year is for a 13.67 grant to the Southwest Regional 14.1 Development Commissioner to coordinate 14.2 purchasing alliance development in the 14.3 southwest area of the state, and 14.4 $50,000 each year is for a grant to the 14.5 University of Minnesota extension 14.6 services in Crookston to coordinate 14.7 purchasing alliance development in the 14.8 northwest area of the state. This is a 14.9 one-time appropriation and shall not 14.10 become part of base level funding for 14.11 this activity for the 2002-2003 14.12 biennium. 14.13 [GENERAL FUND TOBACCO BASE REDUCTION.] 14.14 The general fund base level 14.15 appropriation for tobacco prevention 14.16 and control programs and activities 14.17 shall be reduced by $1,100,000 each 14.18 year of the biennium beginning July 1, 14.19 2001. Section 13, sunset of uncodified 14.20 language, does not apply to this 14.21 provision. 14.22 [STANDARDS FOR SPECIAL CASE AUTOPSIES.] 14.23 Of this general fund appropriation, 14.24 $20,000 for the biennium is for a grant 14.25 to a professional association 14.26 representing coroners and medical 14.27 examiners in Minnesota to conduct case 14.28 studies, and develop and disseminate 14.29 guidelines, for autopsy practice in 14.30 special cases. This is a one-time 14.31 appropriation and shall not become part 14.32 of base level funding for the 2002-2003 14.33 biennium. 14.34 Sec. 5. Laws 1999, chapter 245, article 4, section 121, is 14.35 amended to read: 14.36 Sec. 121. [EFFECTIVE DATE.] 14.37 (a) Sections 3, 4, 5, 45, 95, and 97, subdivision 3, 14.38 paragraph (d), are effective July 1, 2000. 14.39 (b) Section 56 is effective upon federal approval. 14.40 Sec. 6. [EFFECTIVE DATE.] 14.41 Section 1 is effective July 1, 2000. Sections 2 to 4 are 14.42 effective retroactive to July 1, 1999. 14.43 ARTICLE 3 14.44 EDUCATION CODE: PREKINDERGARTEN-GRADE 12 14.45 Section 1. Minnesota Statutes 1999 Supplement, section 14.46 124D.65, subdivision 4, is amended to read: 14.47 Subd. 4. [STATE TOTAL LEP REVENUE.] (a) The state total 14.48 limited English proficiency programs revenue for fiscal year 14.49 2000 equals $27,454,000. The state total limited English14.50 proficiency programs revenue for fiscal year 2001 equals14.51 $31,752,000.15.1 (b) The state total limited English proficiency programs 15.2 revenue for later fiscal years equals: 15.3 (1) the state total limited English proficiency programs 15.4 revenue for the preceding fiscal year; times 15.5 (2) the program growth factor under section 125A.76 15.6 subdivision 1; times 15.7 (3) the ratio of the state total number of pupils with 15.8 limited English proficiency for the current fiscal year to the 15.9 state total number of pupils with limited English proficiency 15.10 for the preceding fiscal year. 15.11 Sec. 2. Minnesota Statutes 1999 Supplement, section 15.12 126C.052, is amended to read: 15.13 126C.052 [CLASS SIZE, ALL-DAY KINDERGARTEN, AND SPECIAL 15.14 EDUCATION STUDENT-TO-INSTRUCTOR RATIO RESERVE.] 15.15 A district is required to reserve $3 in fiscal year 2000 15.16 and $11 in fiscal year 2001 and later per adjusted marginal cost 15.17 pupil unit for class size reduction, all-day kindergarten, or 15.18 for reducing special education student-to-instructor ratios. 15.19 The school board of each district must pass a resolution stating 15.20 which one of these three programs will be funded with this 15.21 reserve. The reserve amount under this section must be 15.22 allocated to the education site as defined in section 123B.04, 15.23 subdivision 1, according to a plan adopted by the school board. 15.24 Sec. 3. Minnesota Statutes 1999 Supplement, section 15.25 126C.10, subdivision 2, is amended to read: 15.26 Subd. 2. [BASIC REVENUE.] The basic revenue for each 15.27 district equals the formula allowance times the resident15.28 adjusted marginal cost pupil units for the school year. The 15.29 formula allowance for fiscal year 1998 is $3,581. The formula 15.30 allowance for fiscal year 1999 is $3,530. The formula allowance 15.31 for fiscal year 2000 is $3,740. The formula allowance for 15.32 fiscal year 2001 and subsequent fiscal years is $3,875. 15.33 Sec. 4. Minnesota Statutes 1999 Supplement, section 15.34 126C.10, subdivision 23, is amended to read: 15.35 Subd. 23. [REFERENDUM OFFSET ADJUSTMENT.] A district that 15.36 qualifies for the referendum allowance reduction under section 16.1 126C.17, subdivision 12, and whose referendum allowance under 16.2 section 126C.17, subdivision 1, as adjusted under section 16.3 126C.17, subdivisions 2 and 12, does not exceed the referendum 16.4 allowance limit under section 126C.17, subdivision 2, clause 16.5 (2), shall receive a referendum offset adjustment. In fiscal 16.6 year 2000 and thereafter, the referendum offset adjustment is 16.7 equal to $25 per residentadjusted marginal cost pupil unit. 16.8 Sec. 5. Minnesota Statutes 1999 Supplement, section 16.9 126C.12, subdivision 1, is amended to read: 16.10 Subdivision 1. [REVENUE.] Of a district's general 16.11 education revenue for fiscal year 2000 and thereafter each 16.12 school district shall reserve an amount equal to the formula 16.13 allowance multiplied by the following calculation: 16.14 (1) the sum of adjusted marginal cost pupil unitspupils in 16.15 average daily membership, according to section 126C.05, 16.16 subdivision 5, in kindergarten times .057; plus 16.17 (2) the sum of adjusted marginal cost pupil unitspupils in 16.18 average daily membership, according to section 126C.05, 16.19 subdivision 5, in grades 1 to 3 times .115; plus 16.20 (3) the sum of adjusted marginal cost pupil unitspupils in 16.21 average daily membership, according to section 126C.05, 16.22 subdivision 5, in grades 4 to 6 times .06. 16.23 Sec. 6. Laws 1999, chapter 241, article 1, section 70, is 16.24 amended to read: 16.25 Sec. 70. [EFFECTIVE DATES.] 16.26 Sections 13, 14, 26, 30, 37, and 39 are effective for 16.27 revenue for fiscal year 2000 and later. Section 41 is effective 16.28 for revenue for fiscal year 2001 and later. Sections 46, 47, 16.29 and 55 to 60 are effective the day following final enactment. 16.30 Section 61 is effective for taxes payable in 2000 and later. 16.31 Sec. 7. Laws 1999, chapter 241, article 4, section 29, is 16.32 amended to read: 16.33 Sec. 29. [REPEALER.] 16.34 (a) Minnesota Statutes 1998, sections 123A.44; 123A.441;16.35 123A.442; 123A.443; 123A.444; 123A.445; 123A.446; 123B.57,16.36 subdivisions 4, 5, and 7; 123B.59, subdivision 7; 123B.63,17.1 subdivisions 1 and 2;section 123B.66 ; 123B.67; 123B.68; and17.2 123B.69, are, is repealed effective the day following final 17.3 enactment. 17.4 (b) Minnesota Statutes 1998, section 123B.58, is repealed17.5 effective July 1, 2004.17.6 (c)Minnesota Statutes 1998, section 123B.64, subdivision 17.7 4, is repealed effective for revenue for fiscal year 2000. 17.8 (d)(c) Minnesota Statutes 1998, section 123B.64, 17.9 subdivisions 1, 2, and 3, are repealed effective for revenue for 17.10 fiscal year 2001. 17.11 (e)(d) Minnesota Rules, parts 3500.3900; 3500.4000; 17.12 3500.4100; 3500.4200; and 3500.4300, are repealed. 17.13 Sec. 8. [DEPARTMENT OF CHILDREN, FAMILIES, AND LEARNING.] 17.14 (a) The sums indicated in this section are appropriated 17.15 from the general fund unless otherwise indicated to the 17.16 department of children, families, and learning for the fiscal 17.17 years designated. 17.18 $32,316,000 ..... 2000 17.19 $29,785,000 ..... 2001 17.20 (b) Any balance the first year does not cancel but is 17.21 available in the second year. 17.22 (c) $21,000 each year is from the trunk highway fund. 17.23 (d) $673,000 in 2000 and $678,000 in 2001 is for the board 17.24 of teaching. 17.25 (e) Notwithstanding Minnesota Statutes, section 15.53, 17.26 subdivision 2, the commissioner of children, families, and 17.27 learning may contract with a school district for a period no 17.28 longer than five consecutive years to work in the development or 17.29 implementation of the graduation rule. The commissioner may 17.30 contract for services and expertise as necessary. The contracts 17.31 are not subject to Minnesota Statutes, section 16C.05. 17.32 (f) $165,000 in 2000 is for the state board of education. 17.33 Any functions of the state board of education that are not 17.34 specifically transferred to another agency are transferred to 17.35 the department of children, families, and learning under 17.36 Minnesota Statutes, section 15.039. For the position that is 18.1 classified, upon transferring the responsibilities, the current 18.2 incumbent is appointed to the classified position without exam 18.3 or probationary period. 18.4 (g) $2,000,000 in 2000 is for litigation costs and may only 18.5 be used for those purposes. This is a one-time appropriation. 18.6 Sec. 9. [REPEALER WITHOUT EFFECT.] 18.7 The repeal of Minnesota Statutes 1998, sections 123A.44; 18.8 123A.441; 123A.442; 123A.443; 123A.444; 123A.445; 123A.446; 18.9 123B.57, subdivisions 4, 5, and 7; 123B.59, subdivision 7; 18.10 123B.63, subdivisions 1 and 2; 123B.67; 123B.68; and 123B.69, by 18.11 Laws 1999, chapter 241, article 4, section 29, with an effective 18.12 date of May 26, 1999, is without effect and Minnesota Statutes 18.13 1998, sections 123A.44; 123A.441; 123A.442; 123A.443; 123A.444; 18.14 123A.445; 123A.446; 123B.57, subdivisions 4, 5, and 7; 123B.59, 18.15 subdivision 7; 123B.63, subdivisions 1 and 2; 123B.67; 123B.68; 18.16 and 123B.69, remain in effect after May 25, 1999. 18.17 Sec. 10. [REPEALER.] 18.18 Laws 1999, chapter 241, article 10, section 5, is repealed 18.19 retroactive to July 1, 1999. 18.20 Sec. 11. [EFFECTIVE DATE.] 18.21 Section 8 is effective retroactive to July 1, 1999. 18.22 Sections 7, paragraph (a), and 9 are effective retroactive to 18.23 May 26, 1999.