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HF 4162

2nd Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to the financing of state government; making supplemental
appropriations; regulating government operations; providing for and modifying
certain programs; regulating abortion funding and notification; providing for
a Rochester campus of the University of Minnesota; creating the Boxing
Commission and regulating boxing; ratifying certain labor agreements and
compensation plans; providing criminal penalties; appropriating money;
amending Minnesota Statutes 2004, sections 3.737, subdivision 1; 3.7371,
subdivision 3; 13.3806, by adding a subdivision; 16A.152, subdivision 1b;
137.022, subdivision 4; 137.17, subdivisions 1, 3; 256.01, subdivision 18, by
adding a subdivision; 256B.431, by adding a subdivision; 256J.021; 256J.626,
subdivision 2; Minnesota Statutes 2005 Supplement, sections 16A.152,
subdivision 2; 35.05; 119B.13, subdivision 7; proposing coding for new law in
Minnesota Statutes, chapters 4; 144; 197; 256; 256D; 341; repealing Minnesota
Statutes 2004, sections 62J.694; 144.395.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1. new text begin DEFICIENCY AND SUPPLEMENTAL APPROPRIATIONS.
new text end

new text begin The appropriations in this act are added to or, if shown in parentheses, subtracted
from the appropriations enacted into law by the legislature in 2005, or other specified law,
to the named agencies and for the specified programs or activities. The sums shown are
appropriated from the general fund, or another named fund, to be available for the fiscal
years indicated: 2006 is the fiscal year ending June 30, 2006; 2007 is the fiscal year
ending June 30, 2007; and the biennium is fiscal years 2006 and 2007. Deficiency and
supplemental appropriations and reductions to appropriations for the fiscal year ending
June 30, 2006, are effective the day following final enactment.
new text end

new text begin APPROPRIATIONS
new text end
new text begin Available for the Year
new text end
new text begin Ending June 30
new text end
new text begin 2006
new text end
new text begin 2007
new text end

Sec. 2. new text begin BOARD OF REGENTS
new text end

new text begin $
new text end
new text begin 5,000,000
new text end

new text begin To the Board of Regents of the University
of Minnesota for the purposes of section
29. This appropriation is for academic
programs supporting the University of
Minnesota - Rochester, including faculty,
staff, and program planning and development
in the areas of biomedical technologies,
engineering, and computer technologies,
health care administration, and allied health
programs; ongoing operations of industrial
liaison activities; and operation of leased
facilities. This appropriation is in addition
to the appropriation in Laws 2005, chapter
107, article 1, section 4, subdivision 2. The
funding base for activities related to section
29 is $5,000,000 for fiscal year 2008 and
$6,330,000 for fiscal year 2009.
new text end

Sec. 3. new text begin BOARD OF TRUSTEES
new text end

new text begin 100,000
new text end

new text begin To the Board of Trustees of the Minnesota
State Colleges and Universities to facilitate
the provision of assistance to veterans at
Minnesota State Colleges and Universities
campuses under Minnesota Statutes, section
197.585, if enacted.
new text end

Sec. 4. new text begin EMPLOYMENT AND ECONOMIC
DEVELOPMENT
new text end

new text begin Summary by Fund
new text end
new text begin General
new text end
new text begin -0-
new text end
new text begin 917,000
new text end

new text begin $467,000 in fiscal year 2007 is appropriated
for a grant to the BioBusiness Alliance
of Minnesota, a nonprofit organization
representing Minnesota companies, colleges
and universities, state government, and health
care institutions, for bioscience business
development programs that will grow and
create bioscience jobs in the state and
position Minnesota as a global biobusiness
leader. This is a onetime appropriation.
new text end

new text begin $150,000 in fiscal year 2007 is appropriated
for the youthbuild program under Minnesota
Statutes, sections 116L.361 to 116L.366.
The base for this appropriation is $75,000 in
fiscal year 2008 and after.
new text end

new text begin $200,000 in fiscal year 2007 is appropriated
for a grant to the Summit Academy OIC for
the 100 hard hats program. This is a onetime
appropriation.
new text end

new text begin In fiscal year 2007, $100,000 is appropriated
to the commissioner of employment and
economic development for the direct and
indirect expenses of the collaborative
research partnership between the University
of Minnesota and the Mayo Foundation
for research in biotechnology and medical
genomics. The is a onetime appropriation.
new text end

new text begin An annual report on the expenditure of
this appropriation must be submitted
to the governor and the chairs of the
senate Higher Education Budget Division,
the house of representatives Higher
Education Finance Committee, the senate
Environment, Agriculture, and Economic
Development Budget Division, and
the house of representatives Jobs and
Economic Opportunity Policy and Finance
Committee by June 30 of each fiscal year
until the appropriation is expended. This
appropriation is available until expended.
new text end

Sec. 5. new text begin BOXING COMMISSION
new text end

new text begin General Fund
new text end
new text begin -0-
new text end
new text begin 50,000
new text end

new text begin $50,000 in fiscal year 2007 is appropriated
to the Minnesota Boxing Commission
established in sections 40 to 55 for the
purposes of operating and administering the
commission. This is a onetime appropriation.
The budget base for the Boxing Commission
shall be $50,000 in fiscal year 2008
and $50,000 in fiscal year 2009. These
appropriations are from the special revenue
fund.
new text end

new text begin By December 15, 2006, the commission
must submit a report to the governor and
the legislature setting forth a fee schedule
that raises sufficient revenues to make the
commission self-supporting beginning July
1, 2007.
new text end

Sec. 6. new text begin COMMISSIONER OF HUMAN
SERVICES; HEALTH PROGRAMS
new text end

new text begin Subdivision 1. new text end

new text begin Total Appropriation
new text end

new text begin 33,370,000
new text end
new text begin 49,763,000
new text end
new text begin Summary by Fund
new text end
new text begin General
new text end
new text begin 33,370,000
new text end
new text begin 49,763,000
new text end

new text begin Subd. 2. new text end

new text begin Health Care Grants
new text end

new text begin Medical Assistance Basic Health Care - Families and Children
new text end
new text begin General
new text end
new text begin -0-
new text end
new text begin (2,625,000)
new text end

new text begin Subd. 3. new text end

new text begin Health Care Management
new text end

new text begin Health Care Administration
new text end
new text begin General
new text end
new text begin -0-
new text end
new text begin 419,000
new text end

new text begin Subd. 4. new text end

new text begin Continuing Care Grants
new text end

new text begin Medical Assistance Long-term Care Facilities
new text end
new text begin General
new text end
new text begin -0-
new text end
new text begin 1,818,000
new text end

new text begin $30,000 in fiscal year 2007 is for a temporary
rate increase equivalent to six percent of the
operating rate in effect on July 1, 2006, for
a day training and habilitation provider in
Meeker County providing services to up to
110 individuals. This rate increase shall be in
effect only until June 30, 2007.
new text end

new text begin The commissioner of human services shall
review the appropriateness of per diem rates
for day training and habilitation services,
including the reasonableness of rates paid to
lower cost providers, and report the results to
the legislature by January 15, 2007.
new text end

new text begin Subd. 5. new text end

new text begin State-Operated Services
new text end

new text begin General
new text end
new text begin 33,370,000
new text end
new text begin 50,151,000
new text end

new text begin MINNESOTA SECURITY HOSPITAL.
For the purposes of enhancing the safety
of the public, improving supervision, and
enhancing community-based mental health
treatment, state-operated services may
establish additional community capacity
for providing treatment and supervision
of clients who have been ordered into a
less restrictive alternative of care from the
state-operated services transition services
program consistent with Minnesota Statutes,
section 246.014.
new text end

new text begin STATE-OPERATED SERVICES BASE
ADJUSTMENT.
The general fund base
for state-operated services is increased by
$8,699,000 in fiscal year 2008 and decreased
by $925,000 in fiscal year 2009.
new text end

Sec. 7. new text begin COMMISSIONER OF HUMAN
SERVICES; CHILDREN AND ECONOMIC
ASSISTANCE PROGRAMS
new text end

new text begin Subdivision 1. new text end

new text begin Total Appropriation
new text end

new text begin (370,000)
new text end
new text begin 4,858,000
new text end
new text begin Summary by Fund
new text end
new text begin General
new text end
new text begin (7,854,000)
new text end
new text begin (15,253,000)
new text end
new text begin Federal TANF
new text end
new text begin 7,484,000
new text end
new text begin 20,111,000
new text end

new text begin TANF MAINTENANCE OF EFFORT.
Notwithstanding Laws 2005, First Special
Session chapter 4, article 9, section 2,
subdivision 1, the commissioner shall ensure
that for fiscal year 2007, the maintenance of
effort used by the commissioner of finance
for the February and November forecasts
required under Minnesota Statutes, section
16A.103, contains expenditures under the
TANF/MOE rider in Laws 2005, First
Special Session chapter 4, article 9, section
2, subdivision 1, equal to at least 21 percent
of the total required under Code of Federal
Regulations, title 45, section 263.1.
new text end

new text begin INCREASE WORKING FAMILY
CREDIT EXPENDITURES TO BE
CLAIMED FOR TANF/MOE.
In addition
to the amounts provided in Laws 2005, First
Special Session chapter 4, article 9, section 2,
subdivision 1, the commissioner may count
the following amounts of working family
credit expenditures as TANF/MOE:
new text end

new text begin (1) fiscal year 2006, $9,858,000;
new text end

new text begin (2) fiscal year 2007, $5,785,000;
new text end

new text begin (3) fiscal year 2008, $24,936,000; and
new text end

new text begin (4) fiscal year 2009, $23,653,000.
new text end

new text begin Notwithstanding any section to the contrary,
this paragraph sunsets June 30, 2009.
new text end

new text begin TANF APPROPRIATION FOR
WORKING FAMILY CREDIT.

$5,151,000 in fiscal year 2007 is
appropriated from federal TANF funds
to the commissioner of human services.
These funds shall be transferred to the
commissioner of revenue to deposit into the
general fund for the working family credit
under Minnesota Statutes, section 290.0671.
This is a onetime appropriation.
new text end

new text begin Subd. 2. new text end

new text begin Children and Economic Assistance
Grants
new text end

new text begin Summary by Fund
new text end
new text begin General
new text end
new text begin (7,854,000)
new text end
new text begin (15,269,000)
new text end
new text begin Federal TANF
new text end
new text begin 7,484,000
new text end
new text begin 14,916,000
new text end

new text begin (a) MFIP-DWP Grants
new text end

new text begin General
new text end
new text begin (7,484,000)
new text end
new text begin 7,484,000
new text end
new text begin Federal TANF
new text end
new text begin 7,484,000
new text end
new text begin (7,484,000)
new text end

new text begin (b) MFIP Child Care Assistance Grants
new text end

new text begin General
new text end
new text begin -0-
new text end
new text begin 62,000
new text end

new text begin new text begin CHILD CARE ABSENT DAY LIMITS.new text end
$62,000 in fiscal year 2007 is appropriated
from the general fund to the commissioner
of human services for the MFIP/transition
year child care program for the purposes
of Minnesota Statutes, section 119B.13,
subdivision 7. The general fund base for
MFIP child care assistance grants under
Minnesota Statutes, section 119B.05, is
increased by $103,000 in fiscal year 2008
and by $102,000 in fiscal year 2009.
new text end

new text begin INCREASE TANF TRANSFER TO
FEDERAL CHILD CARE AND
DEVELOPMENT FUND.
In addition to
the TANF amounts provided in Laws 2005,
First Special Session chapter 4, article 9,
section 2, subdivisions 3 and 4, $2,273,000 in
fiscal year 2008 and $983,000 in fiscal year
2009 is appropriated to the commissioner
for the purposes of MFIP/transition year
child care under Minnesota Statutes,
section 119B.05, and shall be added to
the base for fiscal years 2008 and 2009.
The commissioner shall authorize transfer
of sufficient TANF funds to the federal
child care and development fund to meet
this appropriation and shall ensure that all
transferred funds are expended according to
the federal child care and development fund
regulations. Notwithstanding any law to the
contrary, this paragraph shall not sunset.
new text end

new text begin BASIC SLIDING FEE CHILD CARE
ASSISTANCE GRANTS.
new text end

new text begin General
new text end
new text begin -0-
new text end
new text begin 46,000
new text end

new text begin new text begin CHILD CARE ABSENT DAY LIMITS.new text end
$46,000 in fiscal year 2007 is appropriated
from the general fund to the commissioner of
human services for the basic sliding fee child
care program for the purposes of Minnesota
Statutes, section 119B.13, subdivision 7. The
general fund base for basic sliding fee child
care grants under Minnesota Statutes, section
119B.03, is increased by $76,000 in fiscal
year 2008 and by $78,000 in fiscal year 2009.
new text end

new text begin CHILDREN AND COMMUNITY
SERVICES GRANTS.
new text end

new text begin General
new text end
new text begin -0-
new text end
new text begin (22,400,000)
new text end
new text begin Federal TANF
new text end
new text begin -0-
new text end
new text begin 22,400,000
new text end

new text begin TANF TRANSFER TO SOCIAL
SERVICES BLOCK GRANT.
new text end
new text begin $22,400,000
in fiscal year 2007 is appropriated to the
commissioner to be transferred to the state's
federal social services block grant for the
purposes of providing services for families
with children whose incomes are at or below
200 percent of the federal poverty guidelines.
The funds shall be distributed to counties
for the children and community services
grants according to the formula for the state
appropriations in Minnesota Statutes, chapter
256M. This is a onetime appropriation.
Notwithstanding any law to the contrary, this
paragraph sunsets June 30, 2007.
new text end

new text begin The fiscal year 2007 children and community
services grants general fund appropriation
under Laws 2005, First Special Session
chapter 4, article 9, section 2, subdivision 4,
paragraph (h), is reduced by $22,400,000.
The general fund base for children and
community services grants is increased
by $22,400,000 in fiscal year 2008 and
$22,400,000 in fiscal year 2009.
new text end

new text begin OTHER CHILDREN AND ECONOMIC
ASSISTANCE GRANTS.
new text end

new text begin General
new text end
new text begin (370,000)
new text end
new text begin (461,000)
new text end

new text begin new text begin MINNESOTA FOOD ASSISTANCE
PROGRAM.
new text end
The general fund
appropriations for the Minnesota Food
Assistance Program under Minnesota
Statutes, section 256D.053, are reduced by
$370,000 in fiscal year 2006 and $491,000 in
fiscal year 2007.
new text end

new text begin The general fund appropriation for the
Minnesota food assistance program is
increased by $30,000 in fiscal year 2007 for
the added program cost of the food stamp
asset limit changes under Minnesota Statutes,
section 256D.0515. The general fund base
for the Minnesota food assistance program is
increased by $31,000 in fiscal year 2008 and
$31,000 in fiscal year 2009.
new text end

new text begin Subd. 3. new text end

new text begin Children and economic assistance
management
new text end

new text begin Summary by Fund
new text end
new text begin General
new text end
new text begin -0-
new text end
new text begin 16,000
new text end
new text begin Federal TANF
new text end
new text begin -0-
new text end
new text begin 44,000
new text end

new text begin new text begin FOOD STAMP ASSET LIMIT.new text end $16,000
in fiscal year 2007 is appropriated from
the general fund to the commissioner of
human services for the systems cost of
implementing the food stamp asset limit
changes included under Minnesota Statutes,
section 256D.0515. This is a onetime
appropriation.
new text end

new text begin new text begin DOMESTIC VIOLENCE
INFORMATIONAL BROCHURE.
new text end

$44,000 in fiscal year 2007 is appropriated
from federal TANF funds to the
commissioner of human services
for producing the domestic violence
informational brochure under Minnesota
Statutes, section 256.029. This appropriation
is added to the agency's base.
new text end

Sec. 8. new text begin COMMISSIONER OF HEALTH
new text end

new text begin Subdivision 1. new text end

new text begin Total Appropriation
new text end

new text begin -0-
new text end
new text begin 1,116,000
new text end

new text begin Subd. 2. new text end

new text begin Policy Quality and Compliance
new text end

new text begin General
new text end
new text begin -0-
new text end
new text begin 116,000
new text end

new text begin ABORTION REPORTING. In fiscal year
2007, $116,000 is appropriated from the
general fund to the commissioner of health
for the abortion reporting requirements in
Minnesota Statutes, section 144.3431. The
base for this activity is decreased by $20,000
in fiscal year 2009.
new text end

new text begin Subd. 3. new text end

new text begin Health Protection
new text end

new text begin Summary by Fund
new text end
new text begin General
new text end
new text begin -0-
new text end
new text begin 1,000,000
new text end

new text begin PANDEMIC INFLUENZA
PREPAREDNESS.
$1,000,000
from the general fund is for preparation,
planning, and response to an outbreak of
influenza. The base for this is $1,000,000 in
fiscal years 2008 and 2009 and $0 in 2010
and thereafter.
new text end

Sec. 9. new text begin VETERANS NURSING HOMES
BOARD
new text end

new text begin General
new text end
new text begin 2,448,000
new text end
new text begin 3,433,000
new text end

new text begin BASE ADJUSTMENT. The general fund
base is increased by $3,945,000 in fiscal year
2008 and $3,945,000 in fiscal year 2009 for
the Veterans Homes Board.
new text end

Sec. 10. new text begin HEALTH-RELATED BOARDS
new text end

new text begin State Government Special
Revenue
new text end
new text begin 500,000
new text end
new text begin 500,000
new text end

new text begin Board of Medical Practice
new text end

new text begin 500,000
new text end
new text begin 500,000
new text end

new text begin This increase is to cover higher than expected
costs of investigation and legal action. This
is a onetime appropriation.
new text end

Sec. 11. new text begin VETERANS AFFAIRS
new text end

new text begin 3,000,000
new text end

new text begin Subdivision 1. new text end

new text begin State soldiers' assistance fund
new text end

new text begin $2,300,000 is appropriated in fiscal year
2007 to the commissioner of veterans
affairs to be deposited in the state soldiers'
assistance fund established in Minnesota
Statutes, section 197.03. The appropriations
in this subdivision are in addition to other
appropriations made to the commissioner of
veterans affairs.
new text end

new text begin Subd. 2. new text end

new text begin Centralized Web Site for Veterans
Services
new text end

new text begin $100,000 is appropriated in fiscal year 2007
to the commissioner of veterans affairs to
fund a veterans service coordinator and
a veterans information officer within the
Department of Veterans Affairs, whose
mission is to create a centralized Web site
containing information on all state, federal,
local, and private agencies and organizations
that provide goods or services to veterans or
their families. Prior to encumbering funds
from the appropriation in this subdivision, the
commissioner must adhere to the provisions
of Minnesota Statutes, section 16E.03.
new text end

new text begin Subd. 3. new text end

new text begin County Veterans Service Officers
Service Enhancement Grants
new text end

new text begin $100,000 is appropriated in fiscal year 2007
to the commissioner of veterans affairs to
provide grants to counties for enhancing
the benefits, programs, and services they
provide to veterans. The commissioner,
in consultation with the County Veterans
Service Officers' Association, shall establish
grants based on objective benchmarks and
standards established by the commissioner.
A county may not reduce its veterans service
office budget by any amount received as a
grant under this section. This grant program
is in addition to grants made under Minnesota
Statutes, section 197.608. This funding may
be utilized to assist counties in consolidating
their county veterans services offices into
bi-county or multicounty service offices.
new text end

new text begin Subd. 4. new text end

new text begin Higher Education Veterans
Assistance Offices
new text end

new text begin $500,000 is appropriated in fiscal year 2007
for the veterans assistance offices under
Minnesota Statutes, section 197.585. The
commissioner must, in consultation with
the Office of Higher Education, determine
the most appropriate method of allocating
this appropriation to align with the needs
of the students at Minnesota state colleges
and universities, private colleges, and the
University of Minnesota who are veterans.
Methods may include, but are not limited
to, providing grants for veteran work-study
positions and providing central liaison and
coordination staff from a veteran pool as
needed to enhance the ability of higher
education institutions to be responsive to
students who are veterans. The commissioner
shall designate a liaison who is a veteran to
the University of Minnesota and a liaison
who is a veteran to the private colleges and
universities in Minnesota for the purposes of
Minnesota Statutes, section 197.585.
new text end

Sec. 12. new text begin BOARD OF JUDICIAL
STANDARDS
new text end

new text begin 172,000
new text end
new text begin -0-
new text end

new text begin In fiscal year 2006, $172,000 is appropriated
to the Board on Judicial Standards for costs
of special hearings and an investigation
regarding complaints of judicial misconduct.
This is a onetime appropriation and is
available until June 30, 2007.
new text end

Sec. 13. new text begin PUBLIC SAFETY
new text end

new text begin Subdivision 1.
new text end

new text begin 284,000
new text end
new text begin 1,200,000
new text end

new text begin These appropriations are added to
appropriations in Laws 2005, chapter 136,
article 1, section 9. The amounts that may
be spent from this appropriation for each
program are specified in subdivisions 2 and
3.
new text end

new text begin Subd. 2. new text end

new text begin Emergency Management
new text end

new text begin 284,000
new text end
new text begin -0-
new text end

new text begin The fiscal year 2006 appropriation is to
provide matching funds for FEMA funds
received for natural disaster assistance
payments. This appropriation is available
on the day after enactment and is available
until June 30, 2007. This is a onetime
appropriation.
new text end

new text begin Subd. 3. new text end

new text begin Criminal Apprehension
new text end

new text begin -0-
new text end
new text begin 1,200,000
new text end

new text begin $1,000,000 in fiscal year 2007 is to create a
child pornography investigative unit to assist
law enforcement throughout the state. The
base for this activity shall be $778,000 in
fiscal year 2008 and each year thereafter.
new text end

new text begin $200,000 is for the enhancement of the
predatory offender database to facilitate
public notification of noncompliant sex
offenders via the Internet. The base for this
activity shall be $116,000 in fiscal year 2008
and fiscal year 2009.
new text end

Sec. 14. new text begin CORRECTIONS
new text end

new text begin Subdivision 1. new text end

new text begin Total Appropriations
new text end

new text begin 2,088,000
new text end
new text begin 8,025,000
new text end

new text begin These amounts are added to the
appropriations in Laws 2005, chapter
136, article 1, section 13.
new text end

new text begin Subd. 2. new text end

new text begin Correctional Institutions
new text end

new text begin 1,588,000
new text end
new text begin 6,775,000
new text end

new text begin Subd. 3. new text end

new text begin Community Services
new text end

new text begin 500,000
new text end
new text begin 1,250,000
new text end

Sec. 15. new text begin BOARD OF ANIMAL HEALTH
new text end

new text begin 227,000
new text end
new text begin 360,000
new text end

new text begin To the Board of Animal Health to eliminate
bovine tuberculosis from cattle herds in
Minnesota. This is a onetime appropriation.
new text end

Sec. 16. new text begin AGRICULTURE
new text end

new text begin 40,000
new text end
new text begin 128,000
new text end

new text begin Subdivision 1. new text end

new text begin Livestock Depredation and
Crop Damage
new text end

new text begin 40,000
new text end
new text begin 53,000
new text end

new text begin To the Department of Agriculture to make
compensation payments for livestock
depredation and crop damage.
new text end

new text begin Subd. 2. new text end

new text begin Renewable Energy
new text end

new text begin -0-
new text end
new text begin 75,000
new text end

new text begin To the Department of Agriculture for
handling increased renewable energy
inquiries.
new text end

Sec. 17. new text begin DEPARTMENT OF NATURAL
RESOURCES
new text end

new text begin Subdivision 1. new text end

new text begin Bovine Tuberculosis
new text end

new text begin 88,000
new text end
new text begin 132,000
new text end

new text begin To the Department of Natural Resources for
bovine tuberculosis and diagnosis to diminish
the risk of disease transmission in domestic
livestock. This is a onetime appropriation.
new text end

new text begin Subd. 2. new text end

new text begin Invasive Species
new text end

new text begin -0-
new text end
new text begin 261,000
new text end

new text begin To the Department of Natural Resources for
prevention and control of harmful invasive
species.
new text end

new text begin Subd. 3. new text end

new text begin Corps Campsites
new text end

new text begin $200,000 in fiscal year 2007 is from the
state park account in the natural resources
fund for operation of recreational sites under
the jurisdiction of the U.S. Army Corps of
Engineers at Big Sandy Lake, Leech Lake,
Gull Lake, Cross Lake, Winnibigoshish
Lake, and Pokegama Lake. These sites
shall be managed as state recreation areas in
accordance with Minnesota Statutes, section
86A.05, subdivision 3.
new text end

Sec. 18. new text begin WATER QUALITY
APPROPRIATIONS
new text end

new text begin Subdivision 1. new text end

new text begin General Provisions
new text end

new text begin The appropriations in this section are from
the general fund and are available for the
fiscal year ending June 30, 2007. Unless
otherwise specified in this section, these
appropriations do not cancel and remain
available until June 30, 2007. Appropriations
in this section that are encumbered under
contract, including grant contract, on or
before June 30, 2007, are available until June
30, 2009. All appropriations in this section
are onetime.
new text end

new text begin Subd. 2. new text end

new text begin Pollution Control Agency
new text end

new text begin -0-
new text end
new text begin 4,620,000
new text end

new text begin To the Pollution Control Agency for the
purposes stated:
new text end

new text begin (1) $1,450,000 for statewide assessment of
surface water quality and trends; and
new text end

new text begin (2) $3,170,000 is available to develop
TMDL's and TMDL implementation
plans for waters listed on the United
States Environmental Protection Agency
approved 2004 impaired waters list. Of this
appropriation, up to $1,740,000 is available
for grants or contracts to develop TMDL's.
new text end

new text begin Subd. 3. new text end

new text begin Department of Agriculture
new text end

new text begin -0-
new text end
new text begin 1,500,000
new text end

new text begin To the Department of Agriculture for the
purposes stated:
new text end

new text begin (1) $1,000,000 is for the agricultural best
management practices loan program. This
appropriation remains available until spent.
Of this amount, $800,000 is for pass-through
to local governments and lenders for
low-interest loans to producers and rural
landowners;
new text end

new text begin (2) $300,000 is available to expand technical
assistance to producers and conservation
professionals on nutrient and pasture
management, target practices to sources
of water impairments, coordinate federal
and state farm conservation programs to
fully utilize federal conservation funds, and
expand conservation planning assistance
for producers. Of this amount, $100,000 is
available for grants or contracts to develop
nutrient and conservation planning assistance
information materials; and
new text end

new text begin (3) $200,000 is available for research,
evaluation, and effectiveness monitoring of
agricultural practices in restoring impaired
waters.
new text end

new text begin Subd. 4. new text end

new text begin Board of Water and Soil Resources
new text end

new text begin -0-
new text end
new text begin 3,400,000
new text end

new text begin To the Board of Water and Soil Resources
for restoration and prevention actions. All of
the money appropriated in this subdivision
as grants to local governments will be
administered through the Board of Water
and Soil Resources' local water resources
protection and management program under
Minnesota Statutes, section 103B.3369:
new text end

new text begin (1) $875,000 is for targeted nonpoint
restoration cost-share and incentive
payments. Of these amounts, up to $775,000
in fiscal year 2007 is available for grants;
new text end

new text begin (2) $1,575,000 is for targeted nonpoint
restoration technical, compliance, and
engineering assistance activities. Up to
$1,375,000 in fiscal year 2007 is available
for grants;
new text end

new text begin (3) $200,000 in fiscal year 2007 is for
reporting and evaluation of applied soil and
water conservation practices;
new text end

new text begin (4) $250,000 is for grants for implementation
of county individual sewage treatment
system programs; and
new text end

new text begin (5) $500,000 is for grants to support local
nonpoint source protection activities related
to lake and river protection and management.
new text end

new text begin Subd. 5. new text end

new text begin Department of Natural Resources
new text end

new text begin -0-
new text end
new text begin 480,000
new text end

new text begin To the Department of Natural Resources for
the purposes stated:
new text end

new text begin (1) $280,000 in fiscal year 2007 is for
statewide assessment of surface water quality
and trends; and
new text end

new text begin (2) $200,000 is available for restoration
of impaired waters and actions to prevent
waters from becoming impaired. Of
these amounts, up to $150,000 in fiscal
year 2007 is available for grants and
contracts for forest stewardship planning
and implementation and for research,
compliance, and monitoring.
new text end

Sec. 19. new text begin LEGISLATIVE COMMISSION ON
MINNESOTA RESOURCES
new text end

new text begin -0-
new text end
new text begin 550,000
new text end

new text begin To the Legislative-Citizen Commission on
Minnesota Resources, for administration
from the environment and natural resources
trust fund, as provided in Minnesota Statutes,
section 116P.09, subdivision 5. This is a
onetime appropriation.
new text end

new text begin The fiscal year 2006 appropriation for
administration under Laws 2005, First
Special Session chapter 1, article 2, section
11, subdivision 3, is for the Legislative
Commission on Minnesota Resources or
its successor commission, as provided
in Minnesota Statutes, section 15.039,
subdivision 6.
new text end

Sec. 20.

Minnesota Statutes 2004, section 3.737, subdivision 1, is amended to read:


Subdivision 1.

Compensation required.

(a) Notwithstanding section 3.736,
subdivision 3
, paragraph (e), or any other law, a livestock owner shall be compensated
by the commissioner of agriculture for livestock that is destroyed by a gray wolf or is so
crippled by a gray wolf that it must be destroyed. new text begin Except as provided in this section, new text end the
owner is entitled to the fair market value of the destroyed livestock as determined by the
commissioner, upon recommendation of a university extension agent or a conservation
officer.new text begin In any calendar year, a livestock owner may not be compensated for a destroyed
animal claim that is less than $100 in value and may be compensated up to $20,000 per
claim, as determined under this section. In any calendar year, the commissioner may
provide compensation for claims filed pursuant to this section and section 3.7371 to a total
of $100,000 for both programs combined.
new text end

(b) Either the agent or the conservation officer must make a personal inspection of
the site. The agent or the conservation officer must take into account factors in addition to
a visual identification of a carcass when making a recommendation to the commissioner.
The commissioner, upon recommendation of the agent or conservation officer, shall
determine whether the livestock was destroyed by a gray wolf and any deficiencies in the
owner's adoption of the best management practices developed in subdivision 5. The
commissioner may authorize payment of claims only if the agent or the conservation
officer has recommended payment. The owner shall file a claim on forms provided by the
commissioner and available at the university extension agent's office.

Sec. 21.

Minnesota Statutes 2004, section 3.7371, subdivision 3, is amended to read:


Subd. 3.

Compensation.

The crop owner is entitled to the target price or the
market price, whichever is greater, of the damaged or destroyed crop plus adjustments
for yield loss determined according to agricultural stabilization and conservation service
programs for individual farms, adjusted annually, as determined by the commissioner,
upon recommendation of the county extension agent for the owner's county. The
commissioner, upon recommendation of the agent, shall determine whether the crop
damage or destruction is caused by elk and, if so, the amount of the crop that is damaged
or destroyed. In any calendar year, a crop owner may not be compensated for a damaged
or destroyed crop that is less than $100 in value and may be compensated up to $20,000,
as determined under this section, if normal harvest procedures for the area are followed.new text begin In
any calendar year, the commissioner may provide compensation for claims filed pursuant
to this section and section 3.737 to a total of $100,000 for both programs combined.
new text end

Sec. 22.

new text begin [4.51] EXPENSES OF GOVERNOR-ELECT.
new text end

new text begin This section applies after a state general election in which a person who is not the
current governor is elected to take office as the next governor. The commissioner of
administration must request a transfer from the general fund contingent account of an
amount equal to 1.5 percent of the amount appropriated for operation of the Office of the
Governor and Lieutenant Governor for the current fiscal year. This request is subject to
the review and advice of the Legislative Advisory Commission pursuant to section 3.30.
If the transfer is approved, the commissioner of administration must make this amount
available to the governor-elect before he or she takes office. The commissioner must
provide office space for the governor-elect and for any employees the governor-elect hires.
new text end

Sec. 23.

Minnesota Statutes 2004, section 13.3806, is amended by adding a subdivision
to read:


new text begin Subd. 21. new text end

new text begin Abortion notification data. new text end

new text begin Classification of data in abortion notification
reports is governed by section 144.3431.
new text end

Sec. 24.

Minnesota Statutes 2004, section 16A.152, subdivision 1b, is amended to read:


Subd. 1b.

Budget reserve increase.

On July 1, 2003, the commissioner of finance
shall transfer $300,000,000 to the budget reserve account in the general fund. On July
1, 2004, the commissioner of finance shall transfer $296,000,000 to the budget reserve
account in the general fund. new text begin On July 1, 2006, the commissioner of finance shall transfer
$1,000,000 from the budget reserve account in the general fund to the cash flow account
in the general fund.
new text end The amounts necessary for this purpose are appropriated from the
general fund.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day after final enactment.
new text end

Sec. 25.

Minnesota Statutes 2005 Supplement, section 16A.152, subdivision 2, is
amended to read:


Subd. 2.

Additional revenues; priority.

(a) If on the basis of a forecast of general
fund revenues and expenditures, the commissioner of finance determines that there will be
a positive unrestricted budgetary general fund balance at the close of the biennium, the
commissioner of finance must allocate money to the following accounts and purposes in
priority order:

(1) the cash flow account established in subdivision 1 until that account reaches
deleted text begin $350,000,000deleted text end new text begin $351,000,000new text end ;

(2) the budget reserve account established in subdivision 1a until that account
reaches deleted text begin $653,000,000deleted text end new text begin $652,000,000new text end ;

(3) the amount necessary to increase the aid payment schedule for school district
aids and credits payments in section 127A.45 to not more than 90 percent rounded to the
nearest tenth of a percent without exceeding the amount available and with any remaining
funds deposited in the budget reserve; and

(4) the amount necessary to restore all or a portion of the net aid reductions under
section 127A.441 and to reduce the property tax revenue recognition shift under section
123B.75, subdivision 5, paragraph (c), and Laws 2003, First Special Session chapter 9,
article 5, section 34, as amended by Laws 2003, First Special Session chapter 23, section
20, by the same amount.

(b) The amounts necessary to meet the requirements of this section are appropriated
from the general fund within two weeks after the forecast is released or, in the case of
transfers under paragraph (a), clauses (3) and (4), as necessary to meet the appropriations
schedules otherwise established in statute.

(c) To the extent that a positive unrestricted budgetary general fund balance is
projected, appropriations under this section must be made before section 16A.1522 takes
effect.

(d) The commissioner of finance shall certify the total dollar amount of the
reductions under paragraph (a), clauses (3) and (4), to the commissioner of education. The
commissioner of education shall increase the aid payment percentage and reduce the
property tax shift percentage by these amounts and apply those reductions to the current
fiscal year and thereafter.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day after final enactment.
new text end

Sec. 26.

Minnesota Statutes 2005 Supplement, section 35.05, is amended to read:


35.05 AUTHORITY OF STATE BOARD.

(a) The state board may quarantine or kill any domestic animal infected with, or
which has been exposed to, a contagious or infectious dangerous disease if it is necessary
to protect the health of the domestic animals of the state.

(b) The board may regulate or prohibit the arrival in and departure from the state of
infected or exposed animals and, in case of violation of any rule or prohibition, may detain
any animal at its owner's expense. The board may regulate or prohibit the importation of
domestic animals which, in its opinion, may injure the health of Minnesota livestock.

(c) When the governor declares an emergency under section 35.0661, the board,
through its executive director, may assume control of such resources within the University
of Minnesota's Veterinary Diagnostic Laboratory as necessary to effectively address the
disease outbreak. The director of the laboratory and other laboratory personnel must
cooperate fully in performing necessary functions related to the outbreak or threatened
outbreak.

(d) new text begin The board may test or require tests of any bovine or cervidae in the state when
the board deems it necessary to achieve or maintain bovine tuberculosis accredited free
state or zone status under the regulations and laws administered by the United States
Department of Agriculture.
new text end

new text begin (e) new text end Rules adopted by the board under authority of this chapter must be published in
the State Register.

Sec. 27.

Minnesota Statutes 2005 Supplement, section 119B.13, subdivision 7, is
amended to read:


Subd. 7.

Absent days.

new text begin (a) new text end Child care providers may not be reimbursed for more
than 25 new text begin full-day new text end absent days per child, excluding holidays, in a fiscal year, or for more than
ten consecutive new text begin full-day new text end absent days, unless the child has a documented medical condition
that causes more frequent absences. Documentation of medical conditions must be on
the forms and submitted according to the timelines established by the commissioner.new text begin If a
child attends for part of the time authorized to be in care in a day, but is absent for part of
the time authorized to be in care in that same day, the absent time will be reimbursed but
the time will not count toward the ten consecutive or 25 cumulative absent day limits.
If a child attends part of an authorized day, payment to the provider must be for the full
amount of care authorized for that day. Child care providers may only be reimbursed for
absent days if the provider has a written policy for child absences and charges all other
families in care for similar absences.
new text end

new text begin (b) Child care providers must be reimbursed for up to ten federal or state holidays
or designated holidays per year when the provider charges all families for these days
and the holiday or designated holiday falls on a day when the child is authorized to be
in attendance. Parents may substitute other cultural or religious holidays for the ten
recognized state and federal holidays. Holidays do not count toward the ten consecutive or
25 cumulative absent day limits.
new text end

new text begin (c) A family or child care provider may not be assessed an overpayment for an
absent day payment unless (1) there was an error in the amount of care authorized for the
family, (2) all of the allowed full-day absent payments for the child have been paid, or (3)
the family or provider did not timely report a change as required under law.
new text end

new text begin (d) The provider and family must receive notification upon initial authorization
for services and ongoing notification of the number of absent days used as of the date
of the notification.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006.
new text end

Sec. 28.

Minnesota Statutes 2004, section 137.022, subdivision 4, is amended to read:


Subd. 4.

Mineral research; scholarships.

(a) All income credited after July 1,
1992, to the permanent university fund from royalties for mining under state mineral
leases from and after July 1, 1991, must be allocated as provided in this subdivision.

(b)(1) Fifty percent of the income, up to deleted text begin $25,000,000deleted text end new text begin $50,000,000new text end , must be credited
to the mineral research account of the fund to be allocated for the Natural Resources
Research Institute-Duluth and Coleraine facilities, for mineral and mineral-related
research including mineral-related environmental research; and

(2) The remainder must be credited to the endowed scholarship account of the fund
for distribution annually for scholastic achievement as provided by the Board of Regents
to undergraduates enrolled at the University of Minnesota who are resident students as
defined in section 136A.101, subdivision 8.

(c) The annual distribution from the endowed scholarship account must be allocated
to the various campuses of the University of Minnesota in proportion to the number of
undergraduate resident students enrolled on each campus.

(d) The Board of Regents must report to the education committees of the legislature
biennially at the time of the submission of its budget request on the disbursement of money
from the endowed scholarship account and to the environment and natural resources
committees on the use of the mineral research account.

(e) Capital gains and losses and portfolio income of the permanent university fund
must be credited to its three accounts in proportion to the market value of each account.

(f) The endowment support from the income and capital gains of the endowed
mineral research and endowed scholarship accounts of the fund must not total more than
six percent per year of the 36-month trailing average market value of the account from
which the support is derived.

Sec. 29.

Minnesota Statutes 2004, section 137.17, subdivision 1, is amended to read:


Subdivision 1.

Establish.

The Board of Regents may establish a deleted text begin school of
professional and graduate studies as a nonresidential
deleted text end branch campus of the University of
Minnesotadeleted text begin ,deleted text end new text begin innew text end Rochester, to serve the new text begin educational new text end needs of deleted text begin working adults and other
nontraditional
deleted text end students deleted text begin in southeastern Minnesota. The campus shall be a joint partnership
of the University of Minnesota with Rochester Community and Technical College, and
Winona State University.
deleted text end new text begin and to foster the economic goals of the region and the state. The
legislature intends that the University of Minnesota expand higher education offerings in
Rochester. It is the intent of the legislature that this be achieved in part by developing new
and strengthening existing partnerships with higher education institutions in Rochester
and the region in which the state already has a significant investment.
new text end

deleted text begin The Board of Trustees of the Minnesota State Colleges and Universities shall
cooperate to achieve the foregoing.
deleted text end

Sec. 30.

Minnesota Statutes 2004, section 137.17, subdivision 3, is amended to read:


Subd. 3.

Missions.

The legislature new text begin intends that the mission of the expanded
education offerings in Rochester be congruent with the university's unique core mission of
teaching, research, and outreach in order to support the educational needs and economic
development of this region and the state. The legislature
new text end recognizes that the distinctiveness
of each of the deleted text begin partner deleted text end new text begin higher education new text end institutions in Rochester must be maintained to
achieve success in serving the higher education needs of the community and the economic
goals of the state. deleted text begin Further, the legislature intends that the University of Minnesota and the
other partner institutions avoid duplicative offerings of courses and programs. Therefore,
the University of Minnesota, Winona State University, and Rochester Community and
Technical College shall develop jointly a statement of missions, roles, and responsibilities
for the programs and services at Rochester which shall be submitted to the legislature by
January 30, 2000, and any time thereafter that the missions, roles, and responsibilities
change.
deleted text end

Sec. 31.

new text begin [144.3431] ABORTION NOTIFICATION DATA.
new text end

new text begin Subdivision 1. new text end

new text begin Reporting form. new text end

new text begin (a) Within 90 days of the effective date of this
section, the commissioner of health shall prepare a reporting form for use by physicians
and facilities performing abortions under the circumstances specified in paragraph (b).
new text end

new text begin (b) The form shall require the following information:
new text end

new text begin (1) the number of minors or women for whom a guardian has been appointed under
sections 524.5-301 to 524.5-317 because of a finding of incompetency for whom the
physician or an agent of the physician provided the notice described in section 144.343,
subdivision 2; of that number, the number of notices provided personally as described in
section 144.343, subdivision 2, paragraph (a), and the number of notices provided by
mail as described in section 144.343, subdivision 2, paragraph (b); and of each of those
numbers, the number who, to the best of the reporting physician's or reporting facility's
information and belief, went on to obtain the abortion from the reporting physician or
reporting physician's facility, or from the reporting facility;
new text end

new text begin (2) the number of minors or women for whom a guardian has been appointed under
sections 524.5-301 to 524.5-317 because of a finding of incompetency upon whom
the physician performed an abortion without providing the notice described in section
144.343, subdivision 2; and of that number, the number who were emancipated minors,
and the number for whom section 144.343, subdivision 4, was applicable, itemized by
each of the limitations identified in paragraphs (a), (b), and (c) of that subdivision;
new text end

new text begin (3) the number of abortions performed by the physician for which judicial
authorization was received and for which the notification described in section 144.343,
subdivision 2, was not provided;
new text end

new text begin (4) the county the female resides in; the county where the abortion was performed, if
different from the female's residence; and, if a judicial bypass was obtained, the judicial
district it was obtained in;
new text end

new text begin (5) the age of the female;
new text end

new text begin (6) the race of the female;
new text end

new text begin (7) the process the physician or the physician's agent used to inform the minor
female, or a woman for whom a guardian has been appointed under sections 524.5-301
to 524.5-317 because of a finding of incompetency, of the judicial bypass; whether court
forms were provided to her; and whether the physician or the physician's agent made
the court arrangement for the minor female, or a woman for whom a guardian has been
appointed under sections 524.5-301 to 524.5-317 because of a finding of incompetency;
and
new text end

new text begin (8) how soon after visiting the abortion facility the minor female, or a woman for
whom a guardian has been appointed under section 524.5-301 to 524.5-317 because of a
finding of incompetency, went to court to obtain a judicial bypass.
new text end

new text begin Subd. 2. new text end

new text begin Forms to physicians and facilities. new text end

new text begin Physicians and facilities required to
report under subdivision 3 shall obtain reporting forms from the commissioner.
new text end

new text begin Subd. 3. new text end

new text begin Submission. new text end

new text begin (a) The following physicians or facilities must submit the
forms to the commissioner no later than April 1 for abortions performed on minors or
women for whom a guardian has been appointed in the previous calendar year:
new text end

new text begin (1) a physician who provides, or whose agent provides, the notice described in
section 144.343, subdivision 2, or the facility at which the notice is provided; and
new text end

new text begin (2) a physician who knowingly performs an abortion upon a minor, or a woman for
whom a guardian has been appointed under sections 524.5-301 to 524.5-317 because of a
finding of incompetency, or a facility at which such an abortion is performed.
new text end

new text begin (b) The commissioner shall maintain as confidential data which alone or in
combination may constitute information that would reasonably lead, using epidemiologic
principles, to the identification of:
new text end

new text begin (1) an individual who has had an abortion, who has received judicial authorization
for an abortion, or to whom the notice described in section 144.343, subdivision 2, has
been provided; or
new text end

new text begin (2) a physician or facility required to report under paragraph (a).
new text end

new text begin Subd. 4. new text end

new text begin Failure to report as required. new text end

new text begin (a) Reports that are not submitted more
than 30 days following the due date shall be subject to a late fee of $500 for each
additional 30-day period or portion of a 30-day period overdue. If a physician or facility
required to report under this section has not submitted a report, or has submitted only
an incomplete report, more than one year following the due date, the commissioner of
health shall bring an action in a court of competent jurisdiction for an order directing the
physician or facility to submit a complete report within a period stated by court order or be
subject to sanctions. If the commissioner brings such an action for an order directing a
physician or facility to submit a complete report, the court may assess reasonable attorney
fees and costs against the noncomplying party.
new text end

new text begin (b) Notwithstanding section 13.39, data related to actions taken by the commissioner
to enforce any provision of this section is private data if the data, alone or in combination,
may constitute information that would reasonably lead, using epidemiologic principles, to
the identification of:
new text end

new text begin (1) an individual who has had an abortion, who has received judicial authorization
for an abortion, or to whom the notice described in section 144.343, subdivision 2, has
been provided; or
new text end

new text begin (2) a physician or facility required to report under subdivision 3.
new text end

new text begin Subd. 5. new text end

new text begin Public records. new text end

new text begin (a) By September 30 of each year, the commissioner of
health shall issue a public report providing statistics for each item listed in subdivision 1
for the previous calendar year compiled from reports submitted according to this section.
The report shall also include statistics, which shall be obtained from court administrators,
that include:
new text end

new text begin (1) the total number of petitions or motions filed under section 144.343, subdivision
6, paragraph (c), clause (i);
new text end

new text begin (2) the number of cases in which the court appointed a guardian ad litem;
new text end

new text begin (3) the number of cases in which the court appointed counsel;
new text end

new text begin (4) the number of cases in which the judge issued an order authorizing an abortion
without notification, including:
new text end

new text begin (i) the number of petitions or motions granted by the court because of a finding of
maturity and the basis for that finding; and
new text end

new text begin (ii) the number of petitions or motions granted because of a finding that the abortion
would be in the best interest of the minor and the basis for that finding;
new text end

new text begin (5) the number of denials from which an appeal was filed;
new text end

new text begin (6) the number of appeals that resulted in a denial being affirmed; and
new text end

new text begin (7) the number of appeals that resulted in reversal of a denial.
new text end

new text begin (b) The report shall provide the statistics for all previous calendar years for which a
public report was required to be issued, adjusted to reflect any additional information from
late or corrected reports.
new text end

new text begin (c) The commissioner shall ensure that all statistical information included in the
public reports are presented so that the data cannot reasonably lead, using epidemiologic
principles, to the identification of:
new text end

new text begin (1) an individual who has had an abortion, who has received judicial authorization
for an abortion, or to whom the notice described in section 144.343, subdivision 2, has
been provided; or
new text end

new text begin (2) a physician or facility who has submitted a form to the commissioner under
subdivision 3.
new text end

new text begin Subd. 6. new text end

new text begin Modification of requirements. new text end

new text begin The commissioner of health may, by
administrative rule, alter the dates established in subdivisions 3 and 5, consolidate the
forms created according to subdivision 1 with the reporting form created according
to section 145.4131, or consolidate reports to achieve administrative convenience or
fiscal savings, to allow physicians and facilities to submit all information collected by
the commissioner regarding abortions at one time, or to reduce the burden of the data
collection, so long as the report described in subdivision 5 is issued at least once a year.
new text end

new text begin Subd. 7. new text end

new text begin Suit to compel statistical report. new text end

new text begin If the commissioner of health fails to
issue the public report required under subdivision 5, any group of ten or more citizens
of the state may seek an injunction in a court of competent jurisdiction against the
commissioner, requiring that a complete report be issued within a period stated by court
order. Failure to abide by the injunction shall subject the commissioner to sanctions
for civil contempt.
new text end

new text begin Subd. 8. new text end

new text begin Attorney fees. new text end

new text begin If judgment is rendered in favor of the plaintiff in any
action described in this section, the court shall also render judgment for a reasonable
attorney fee in favor of the plaintiff against the defendant. If the judgment is rendered in
favor of the defendant and the court finds that plaintiff's suit was frivolous and brought
in bad faith, the court shall render judgment for a reasonable attorney fee in favor of
the defendant against the plaintiff.
new text end

new text begin Subd. 9. new text end

new text begin Severability. new text end

new text begin If any one or more provision, section, subdivision,
sentence, clause, phrase, or word of this section or the application thereof to any person
or circumstance is found to be unconstitutional, the same is hereby declared to be
severable and the balance of this section shall remain effective notwithstanding such
unconstitutionality. The legislature intends that it would have passed this section, and each
provision, section, subdivision, sentence, clause, phrase, or word thereof irrespective of
the fact that any one provision, section, subdivision, sentence, clause, phrase, or word be
declared unconstitutional.
new text end

new text begin Subd. 10. new text end

new text begin Supreme Court jurisdiction. new text end

new text begin The Minnesota Supreme Court has original
jurisdiction over an action challenging the constitutionality of this section and shall
expedite the resolution of the action.
new text end

Sec. 32.

new text begin [197.585] HIGHER EDUCATION VETERANS ASSISTANCE OFFICES.
new text end

new text begin (a) If there is a need as determined by the commissioner of veterans affairs, each
campus of the University of Minnesota and each institution within the Minnesota State
Colleges and Universities system shall provide adequate space for a veterans assistance
office to be administered by the Department of Veterans Affairs, and each private college
and university in Minnesota is requested to provide adequate space for a veterans
assistance office to be administered by the Department of Veterans Affairs. The veterans
assistance office must provide information and assistance to veterans who are students
or family members of students at the school so that they know what state, federal, local,
and private resources are available to them.
new text end

new text begin (b) By January 15 each year the commissioner shall report to the chairs of the
house and senate committees having purview over veterans affairs policy and finance,
regarding the implementation and effectiveness of this section. The report must address
all relevant issues raised in writing to the commissioner by those chairs by August 1 of
the preceding year.
new text end

new text begin (c) This section expires at the end of the first fiscal year in which the number of
veterans enrolled in Minnesota public institutions of higher education is fewer than 4,000,
but no later than June 30, 2012.
new text end

Sec. 33.

Minnesota Statutes 2004, section 256.01, subdivision 18, is amended to read:


Subd. 18.

Immigration status verifications.

(a) Notwithstanding any waiver of
this requirement by the secretary of the United States Department of Health and Human
Services, effective July 1, 2001, the commissioner shall utilize the Systematic Alien
Verification for Entitlements (SAVE) program to conduct immigration status verifications:

(1) as required under United States Code, title 8, section 1642;

(2) for all applicants for food assistance benefits, whether under the federal food
stamp program, the MFIP or work first program, or the Minnesota food assistance program;

(3) for all applicants for general assistance medical care, except assistance for an
emergency medical condition, for immunization with respect to an immunizable disease,
or for testing and treatment of symptoms of a communicable diseasenew text begin , and nonfederally
funded MinnesotaCare
new text end ; and

(4) for all applicants for general assistance, Minnesota supplemental aid,new text begin medical
assistance, federally funded
new text end MinnesotaCare, or group residential housing, when the
benefits provided by these programs would fall under the definition of "federal public
benefit" under United States Code, title 8, section 1642, if federal funds were used to
pay for all or part of the benefits.

(b) The commissioner shall comply with the reporting requirements under United
States Code, title 42, section 611a, and any federal regulation or guidance adopted under
that law.

Sec. 34.

Minnesota Statutes 2004, section 256.01, is amended by adding a subdivision
to read:


new text begin Subd. 18a. new text end

new text begin Reporting undocumented immigrants. new text end

new text begin The commissioner shall
require all employees of the state and counties to make a written report to the United States
Citizenship and Immigration Service (USCIS) for any violation of federal immigration law
by any applicant for medical assistance under chapter 256B, general assistance medical
care under chapter 256D, or MinnesotaCare under chapter 256L, that is discovered by the
employee. Employees do not need an applicant's written authorization to contact USCIS.
new text end

Sec. 35.

new text begin [256.029] DOMESTIC VIOLENCE INFORMATIONAL BROCHURE.
new text end

new text begin (a) The commissioner shall provide a domestic violence informational brochure that
provides information about the existence of domestic violence waivers for eligible public
assistance applicants to all applicants of general assistance, general assistance medical
care, Minnesota family investment program, medical assistance, and MinnesotaCare. The
brochure must explain that eligible applicants may be temporarily waived from certain
program requirements due to domestic violence. The brochure must provide information
about services and other programs to help victims of domestic violence.
new text end

new text begin (b) The brochure must be funded with TANF funds.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective upon federal approval.
new text end

Sec. 36.

Minnesota Statutes 2004, section 256B.431, is amended by adding a
subdivision to read:


new text begin Subd. 43. new text end

new text begin Rate increase for facilities in Stearns, Sherburne, and Benton
Counties.
new text end

new text begin Effective July 1, 2006, operating payment rates of nursing facilities in Stearns,
Sherburne, and Benton Counties that are reimbursed under this section, section 256B.434,
or section 256B.441 shall be increased to be equal, for a RUG's rate with a weight of 1.00,
to the geographic group III median rate for the same RUG's weight. The percentage of
the operating payment rate for each facility to be case-mix adjusted shall be equal to the
percentage that is case-mix adjusted in that facility's June 30, 2006, operating payment
rate. This subdivision shall apply only if it results in a rate increase. Increases provided
by this subdivision shall be added to the rate determined under any new reimbursement
system established under section 256B.440.
new text end

Sec. 37.

new text begin [256D.0515] ASSET LIMITATIONS FOR FOOD STAMP
HOUSEHOLDS.
new text end

new text begin All food stamp households must be determined eligible for the benefit discussed
under section 256.029. Food stamp households must demonstrate that:
new text end

new text begin (1) their gross income meets the federal Food Stamp requirements under United
States Code, title 7, section 2014(c); and
new text end

new text begin (2) they have financial resources, excluding vehicles, of less than $7,000.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective upon federal approval.
new text end

Sec. 38.

Minnesota Statutes 2004, section 256J.021, is amended to read:


256J.021 SEPARATE STATE PROGRAM FOR USE OF STATE MONEY.

deleted text begin Beginningdeleted text end new text begin (a) Untilnew text end October 1, deleted text begin 2001, and each year thereafterdeleted text end new text begin 2006new text end , the
commissioner of human services must treat MFIP expenditures made to or on behalf of
any minor child under section 256J.02, subdivision 2, clause (1), who is a resident of
this state under section 256J.12, and who is part of a two-parent eligible household as
expenditures under a separately funded state program and report those expenditures to the
federal Department of Health and Human Services as separate state program expenditures
under Code of Federal Regulations, title 45, section 263.5.

new text begin (b) Beginning October 1, 2006, the commissioner of human services must treat
MFIP expenditures made to or on behalf of any minor child under section 256J.02,
subdivision 2, clause (1), who is a resident of this state under section 256J.12, and who is
part of a two-parent eligible household as expenditures under a separately funded state
program. These expenditures shall not count toward the state's maintenance of effort
(MOE) requirements under the federal Temporary Assistance to Needy Families (TANF)
program except if counting certain families would allow the commissioner to avoid a
federal penalty. Families receiving assistance under this section must comply with all
applicable requirements in this chapter.
new text end

Sec. 39.

Minnesota Statutes 2004, section 256J.626, subdivision 2, is amended to read:


Subd. 2.

Allowable expenditures.

(a) The commissioner must restrict expenditures
under the consolidated fund to benefits and services allowed under title IV-A of the federal
Social Security Act. Allowable expenditures under the consolidated fund may include, but
are not limited to:

(1) short-term, nonrecurring shelter and utility needs that are excluded from the
definition of assistance under Code of Federal Regulations, title 45, section 260.31, for
families who meet the residency requirement in section 256J.12, subdivisions 1 and 1a.
Payments under this subdivision are not considered TANF cash assistance and are not
counted towards the 60-month time limit;

(2) transportation needed to obtain or retain employment or to participate in other
approved work activities;

(3) direct and administrative costs of staff to deliver employment services for MFIP
or the diversionary work program, to administer financial assistance, and to provide
specialized services intended to assist hard-to-employ participants to transition to work;

(4) costs of education and training including functional work literacy and English as
a second language;

(5) cost of work supports including tools, clothing, boots, and other work-related
expenses;

(6) county administrative expenses as defined in Code of Federal Regulations, title
45, section 260(b);

(7) services to parenting and pregnant teens;

(8) supported work;

(9) wage subsidies;

(10) child care needed for MFIP or diversionary work program participants to
participate in social services;

(11) child care to ensure that families leaving MFIP or diversionary work program
will continue to receive child care assistance from the time the family no longer qualifies
for transition year child care until an opening occurs under the basic sliding fee child
care program; and

(12) services to help noncustodial parents who live in Minnesota and have minor
children receiving MFIP or DWP assistance, but do not live in the same household as the
child, obtain or retain employment.

(b) Administrative costs that are not matched with county funds as provided in
subdivision 8 may not exceed 7.5 percent of a county's or 15 percent of a tribe's allocation
under this section. The commissioner shall define administrative costs for purposes of
this subdivision.

new text begin (c) The commissioner may waive the cap on administrative costs for a county or tribe
that elects to provide an approved supported employment, unpaid work, or community
work experience program for a major segment of the county's or tribe's MFIP population.
The county or tribe must apply for the waiver on forms provided by the commissioner. In
no case shall total administrative costs exceed the TANF limits.
new text end

Sec. 40.

new text begin [341.21] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Applicability. new text end

new text begin The definitions in this section apply to this chapter.
new text end

new text begin Subd. 2. new text end

new text begin Boxing. new text end

new text begin "Boxing" means the act of attack and defense with the fists, using
padded gloves, that is practiced as a sport under the rules of the World Boxing Association,
the World Boxing Council, the International Boxing Federation, or equivalent. Boxing
includes tough person contests.
new text end

new text begin Subd. 3. new text end

new text begin Commission. new text end

new text begin "Commission" means the Minnesota Boxing Commission.
new text end

new text begin Subd. 4. new text end

new text begin Contest. new text end

new text begin "Contest" means any boxing contest, match, or exhibition.
new text end

new text begin Subd. 5. new text end

new text begin Professional. new text end

new text begin "Professional" means any person who competes for any
money prize or a prize that exceeds the value of $50 or teaches, pursues, or assists in the
practice of boxing as a means of obtaining a livelihood or pecuniary gain.
new text end

new text begin Subd. 6. new text end

new text begin Director. new text end

new text begin "Director" means the executive director of the commission.
new text end

new text begin Subd. 7. new text end

new text begin Tough person contest. new text end

new text begin "Tough person contest" means any boxing match
consisting of one-minute rounds between two or more persons who use their hands or their
feet, or both, in any manner. Tough person contest does not include kick boxing, any
recognized martial arts competition, or boxing as defined in subdivision 2.
new text end

Sec. 41.

new text begin [341.22] BOXING COMMISSION.
new text end

new text begin There is hereby created the Minnesota Boxing Commission, consisting of five
members who are citizens of this state. The members shall be appointed by the governor
and subject to the advice and consent of the senate. One member of the commission
shall be a retired judge of the Minnesota District Court, Minnesota Court of Appeals,
Minnesota Supreme Court, the United States District Court for the District of Minnesota,
or the Eighth Circuit Court of Appeals; one member shall be a public member; and three
members shall be involved in the boxing industry. At least two of the members must be
women, if possible. Membership terms, compensation of members, removal of members,
the filling of membership vacancies, and fiscal year and reporting requirements shall be
as provided in sections 214.07 to 214.09. The provision of staff, administrative services,
and office space; the review and processing of complaints; the setting of fees; and other
provisions relating to commission operations shall be as provided in chapter 214. The
purpose of the commission is to protect health, promote safety, and ensure fair events.
new text end

Sec. 42.

new text begin [341.23] LIMITATIONS.
new text end

new text begin No member of the boxing commission shall directly or indirectly promote any
boxing or directly or indirectly engage in the managing of any boxer or fighter or be
interested in any manner in the proceeds from any boxing match.
new text end

Sec. 43.

new text begin [341.24] EXECUTIVE DIRECTOR.
new text end

new text begin The governor may appoint, and at pleasure remove, an executive director and
prescribe the powers and duties of the office. The executive director shall not be a member
of the commission. The commission may employ personnel necessary to the performance
of its duties.
new text end

Sec. 44.

new text begin [341.25] RULES.
new text end

new text begin (a) The commission may adopt rules that include standards for the physical
examination and condition of boxers and referees.
new text end

new text begin (b) The commission may adopt other rules necessary to carry out the purposes of
this chapter, including, but not limited to, the conduct of boxing exhibitions, bouts, and
fights, and their manner, supervision, time, and place.
new text end

Sec. 45.

new text begin [341.26] MEETINGS.
new text end

new text begin The commission shall hold a regular meeting quarterly and in addition may hold
special meetings. Except as otherwise provided in law, all meetings of the commission
shall be open to the public and reasonable notice of the meetings shall be given under
chapter 13D.
new text end

Sec. 46.

new text begin [341.27] COMMISSION DUTIES.
new text end

new text begin The commission shall:
new text end

new text begin (1) issue, deny, renew, suspend, or revoke licenses;
new text end

new text begin (2) make and maintain records of its acts and proceedings including the issuance,
denial, renewal, suspension, or revocation of licenses;
new text end

new text begin (3) keep public records of the commission open to inspection at all reasonable times;
new text end

new text begin (4) assist the director in the development of rules to be implemented under this
chapter; and
new text end

new text begin (5) conform to the rules adopted under this chapter.
new text end

Sec. 47.

new text begin [341.28] REGULATION OF BOXING CONTESTS.
new text end

new text begin Subdivision 1. new text end

new text begin Regulatory authority; boxing. new text end

new text begin All boxing contests are subject to
this chapter. Every contestant in a boxing contest shall wear padded gloves that weigh at
least eight ounces. The commission shall, for every boxing contest:
new text end

new text begin (1) direct a commission member to be present; and
new text end

new text begin (2) direct the attending commission member to make a written report of the contest.
new text end

new text begin All boxing contests within this state shall be conducted according to the requirements
of this chapter.
new text end

new text begin Subd. 2. new text end

new text begin Regulatory authority; tough person contests. new text end

new text begin All tough person contests,
including amateur tough person contests, are subject to this chapter. Every contestant in a
tough person contest shall wear padded gloves that weigh at least 12 ounces.
new text end

Sec. 48.

new text begin [341.29] JURISDICTION OF COMMISSION.
new text end

new text begin The commission shall:
new text end

new text begin (1) have sole direction, supervision, regulation, control, and jurisdiction over all
boxing contests and tough person contests held within this state unless a contest is exempt
from the application of this chapter under federal law;
new text end

new text begin (2) have sole control, authority, and jurisdiction over all licenses required by this
chapter; and
new text end

new text begin (3) grant a license to an applicant if, in the judgment of the commission, the financial
responsibility, experience, character, and general fitness of the applicant are consistent
with the public interest, convenience, or necessity and the best interests of boxing and
conforms with this chapter and the commission's rules.
new text end

Sec. 49.

new text begin [341.30] LICENSURE; PERSONS REQUIRED TO OBTAIN
LICENSES; REQUIREMENTS; BACKGROUND INFORMATION; FEE; BOND.
new text end

new text begin Subdivision 1. new text end

new text begin Licensure; individuals. new text end

new text begin All referees, judges, matchmakers,
promoters, trainers, ring announcers, timekeepers, ringside physicians, boxers, boxers'
managers, and boxers' seconds are required to be licensed by the commission. The
commission shall not permit any of these persons to participate in the holding or conduct
of any boxing contest unless the commission has first issued the person a license.
new text end

new text begin Subd. 2. new text end

new text begin Entity licensure. new text end

new text begin Before participating in the holding or conduct of any
boxing contest, a corporation, partnership, limited liability company, or other business
entity organized and existing under law, its officers and directors, and any person holding
25 percent or more of the ownership of the corporation shall obtain a license from the
commission and must be authorized to do business under the laws of this state.
new text end

new text begin Subd. 3. new text end

new text begin Background investigation. new text end

new text begin The commission shall require referees, judges,
matchmakers, promoters, and boxers to furnish fingerprints and background information
under commission rules before licensure. The commission shall charge a fee for receiving
fingerprints and background information in an amount determined by the commission.
The commission may require referees, judges, matchmakers, promoters, and boxers to
furnish fingerprints and background information before license renewal if the commission
determines that the fingerprints and background information are desirable or necessary.
The fee may include a reasonable charge for expenses incurred by the commission and, if
the commission requests a criminal history background check from the superintendent
of the Bureau of Criminal Apprehension, must be sufficient to recover the cost to the
bureau of a background check. The portion of a fee that is collected to recover the cost to
the bureau of a background check is appropriated to the commission for the purpose of
reimbursing the bureau for the cost of the background check.
new text end

new text begin Subd. 4. new text end

new text begin Prelicensure requirements. new text end

new text begin (a) Before the commission issues a license to
a promoter, matchmaker, corporation, or other business entity, the applicant shall:
new text end

new text begin (1) provide the commission with a copy of any agreement between a contestant
and the applicant which binds the applicant to pay the contestant a certain fixed fee or
percentage of the gate receipts;
new text end

new text begin (2) show on the application the owner or owners of the applicant entity and the
percentage of interest held by each owner holding a 25 percent or more interest in the
applicant;
new text end

new text begin (3) provide the commission with a copy of the latest financial statement of the
entity; and
new text end

new text begin (4) provide the commission with a copy or other proof acceptable to the commission
of the insurance contract or policy required by this chapter.
new text end

new text begin (b) Before the commission issues a license to a promoter, the applicant shall deposit
with the commission a cash bond or surety bond in an amount set by the commission.
The bond shall be executed in favor of this state and shall be conditioned on the faithful
performance by the promoter of the promoter's obligations under this chapter and the
rules adopted under it.
new text end

new text begin (c) Before the commission issues a license to a boxer, the applicant shall submit
to the commission the results of a current medical examination on forms furnished or
approved by the commission. The medical examination must include an ophthalmological
and neurological examination. The ophthalmological exam must be designed to detect
any retinal defects or other damage or condition of the eye that could be aggravated by
boxing. The neurological examination must include an electroencephalogram or medically
superior test if the boxer has been knocked unconscious in a previous boxing or other
athletic competition. The commission may also order an electroencephalogram or other
appropriate neurological or physical exam before any contest, match, or exhibition if it
determines that the examination is desirable to protect the health of the boxer.
new text end

Sec. 50.

new text begin [341.31] SIMULCAST LICENSES.
new text end

new text begin The commission shall issue a license to a person or organization holding, showing, or
exhibiting a simultaneous telecast of any live, current, or spontaneous boxing or sparring
match on a closed circuit telecast or subscription television program viewed within the
state, whether originating in this state or elsewhere, and for which a charge is made. Each
person or organization shall apply for such a license in advance of each showing. No
showing may be licensed unless the person or organization applying for the license:
new text end

new text begin (1) certifies that the match is subject to the jurisdiction and regulation of a boxing or
athletic regulatory authority in another state or country;
new text end

new text begin (2) certifies the match is in compliance with the requirements of the authority;
new text end

new text begin (3) identifies the authority; and
new text end

new text begin (4) provides any information the commission may require.
new text end

Sec. 51.

new text begin [341.32] LICENSE FEES; EXPIRATION; RENEWAL.
new text end

new text begin Subdivision 1. new text end

new text begin Annual licensure. new text end

new text begin The commission may establish and issue annual
licenses subject to the collection of advance fees by the commission for: promoters,
matchmakers, managers, judges, referees, ring announcers, ringside physicians,
timekeepers, boxers, boxers' trainers, boxers' seconds, business entities filing for a license
to participate in the holding of any boxing contest, and officers, directors, or other persons
affiliated with the business entity.
new text end

new text begin Subd. 2. new text end

new text begin Expiration and renewal. new text end

new text begin A license expires December 31 at midnight in
the year of its issuance and may be renewed on filing an application for renewal of a
license with the commission and payment of the license fee required in subdivision 1. An
application for a license and renewal of a license shall be on a form provided by the
commission. There is a 30-day grace period during which a license may be renewed if a
late filing penalty fee equal to the license fee is submitted with the regular license fee.
A licensee that files late shall not conduct any activity regulated by this chapter until the
commission has renewed the license. If the licensee fails to apply to the commission within
the 30-day grace period, the licensee must apply for a new license under subdivision 1.
new text end

Sec. 52.

new text begin [341.321] FEE SCHEDULE.
new text end

new text begin The fee schedule for licenses issued by the Minnesota Boxing Commission is as
follows:
new text end

new text begin (1) referees, $35 for each initial license and each renewal;
new text end

new text begin (2) promoters, $400 for each initial license and each renewal;
new text end

new text begin (3) judges, $25 for each initial license and each renewal;
new text end

new text begin (4) trainers, $35 for each initial license and each renewal;
new text end

new text begin (5) ring announcers, $25 for each initial license and each renewal;
new text end

new text begin (6) boxers' seconds, $25 for each initial license and each renewal;
new text end

new text begin (7) timekeepers, $25 for each initial license and each renewal; and
new text end

new text begin (8) boxers, $35 for each initial license and each renewal.
new text end

new text begin The commissioner shall also collect a promoter fee of $1,500 per event.
new text end

new text begin All fees collected by the Minnesota Boxing Commission must be deposited in an
account in the special revenue fund. Other than initial startup costs, the commission must
be funded only from proceeds of these fees.
new text end

Sec. 53.

new text begin [341.33] CONTESTANTS AND REFEREES; PHYSICAL
EXAMINATION; ATTENDANCE OF PHYSICIAN; PAYMENT OF FEES.
new text end

new text begin Subdivision 1. new text end

new text begin Examination by physician. new text end

new text begin All boxers and referees shall be
examined by a physician licensed by this state within three hours before entering the
ring, and the examining physician shall immediately file with the commission a written
report of the examination. The physician's examination shall report on the condition
of the boxer's heart and general physical and neurological condition. The physician's
report may record the condition of the boxer's nervous system and brain as required by
the commission. The physician may prohibit the boxer from entering the ring if, in the
physician's professional opinion, it is in the best interest of the boxer's health. The cost of
the examination is payable by the person or entity conducting the contest or exhibition.
new text end

new text begin Subd. 2. new text end

new text begin Attendance of physician. new text end

new text begin Every person holding or sponsoring any boxing
contest shall have in attendance at every boxing contest a physician licensed by this state.
The commission may establish a schedule of fees to be paid to each attending physician
by the person holding or sponsoring the contest.
new text end

Sec. 54.

new text begin [341.34] INSURANCE.
new text end

new text begin Subdivision 1. new text end

new text begin Required insurance. new text end

new text begin The commission shall:
new text end

new text begin (1) require insurance coverage for a boxer to provide for medical, surgical, and
hospital care for injuries sustained in the ring in an amount of at least $100,000 payable
to the boxer as beneficiary; and
new text end

new text begin (2) require life insurance for a boxer in the amount of at least $50,000 payable in
case of accidental death resulting from injuries sustained in the ring.
new text end

new text begin Subd. 2. new text end

new text begin Payment for insurance. new text end

new text begin The cost of the insurance required by this section
is payable by the promoter.
new text end

Sec. 55.

new text begin [341.35] PENALTIES FOR NONLICENSED EXHIBITIONS.
new text end

new text begin Any person or persons who send or cause to be sent, published, or otherwise made
known, any challenge to fight what is commonly known as a prize fight, or engage in
any public boxing or sparring match, with or without gloves, for any prize, reward or
compensation, or for which any admission fee is charged directly or indirectly, or go into
training preparatory for such fight, exhibition, or contest, or act as a trainer, aider, abettor,
backer, umpire, referee, second, surgeon, assistant, or attendant at such fight, exhibition, or
contest, or in any preparation for same, and any owner or lessee of any ground, building,
or structure of any kind permitting the same to be used for any fight, exhibition, or contest,
is guilty of a misdemeanor unless a license for the holding of the fight, exhibition, or
contest has been issued by the commission in compliance with the rules adopted by it.
new text end

Sec. 56. new text begin RESIDENTIAL ACADEMIES.
new text end

new text begin A grant recipient under Laws 1998, chapter 398, article 5, section 46, as amended
by Laws 2000, chapter 489, article 6, section 41, that uses the grant proceeds to acquire
and operate a residential academy and then subsequently closes the academy and sells the
real property it acquired for the academy may use the proceeds from the sale of the real
property to provide programs that serve at-risk children and youth.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 57. new text begin LABOR AGREEMENTS AND COMPENSATION PLANS.
new text end

new text begin Subdivision 1. new text end

new text begin American Federation of State, County and Municipal Employees.
new text end

new text begin The labor agreement between the state of Minnesota and the American Federation of State,
County and Municipal Employees, Council 5, approved by the Legislative Coordinating
Commission Subcommittee on Employee Relations on September 14, 2005, is ratified.
new text end

new text begin Subd. 2. new text end

new text begin Minnesota Association of Professional Employees. new text end

new text begin The labor agreement
between the state of Minnesota and the Minnesota Association of Professional Employees,
approved by the Legislative Coordinating Commission Subcommittee on Employee
Relations on September 14, 2005, is ratified.
new text end

new text begin Subd. 3. new text end

new text begin Middle Management Association. new text end

new text begin The labor agreement between the state
of Minnesota and the Middle Management Association, approved by the Legislative
Coordinating Commission Subcommittee on Employee Relations on November 7, 2005,
is ratified.
new text end

new text begin Subd. 4. new text end

new text begin Minnesota state college faculty. new text end

new text begin The labor agreement between the
state of Minnesota and the Minnesota state college faculty, approved by the Legislative
Coordinating Commission Subcommittee on Employee Relations on November 7, 2005,
is ratified.
new text end

new text begin Subd. 5. new text end

new text begin American Federation of State, County and Municipal Employees.
new text end

new text begin The labor agreement between the state of Minnesota and the American Federation of
State, County and Municipal Employees, Council 5, Unit 8, approved by the Legislative
Coordinating Commission Subcommittee on Employee Relations on November 7, 2005,
is ratified.
new text end

new text begin Subd. 6. new text end

new text begin Managerial plan. new text end

new text begin The managerial plan, approved by the Legislative
Coordinating Commission Subcommittee on Employee Relations on November 7, 2005,
is ratified.
new text end

new text begin Subd. 7. new text end

new text begin Commissioner's plan. new text end

new text begin The commissioner of employee relations' plan
for unrepresented employees, approved by the Legislative Coordinating Commission
Subcommittee on Employee Relations on November 7, 2005, is ratified.
new text end

new text begin Subd. 8. new text end

new text begin Minnesota Government Engineers Council. new text end

new text begin The labor agreement
between the state of Minnesota and the Minnesota Government Engineers Council,
approved by the Legislative Coordinating Commission Subcommittee on Employee
Relations on January 10, 2006, is ratified.
new text end

new text begin Subd. 9. new text end

new text begin State Residential Schools Education Association. new text end

new text begin The labor agreement
between the state of Minnesota and the State Residential Schools Education Association,
approved by the Legislative Coordinating Commission Subcommittee on Employee
Relations on January 10, 2006, is ratified.
new text end

new text begin Subd. 10. new text end

new text begin Interfaculty Organization. new text end

new text begin The labor agreement between the state of
Minnesota and the Interfaculty Organization, approved by the Legislative Coordinating
Commission Subcommittee on Employee Relations on January 10, 2006, is ratified.
new text end

new text begin Subd. 11. new text end

new text begin Minnesota State University Association of Administrative and Service
Faculty.
new text end

new text begin The labor agreement between the state of Minnesota and the Minnesota State
University Association of Administrative and Service Faculty, approved by the Legislative
Coordinating Commission Subcommittee on Employee Relations on January 10, 2006,
is ratified.
new text end

new text begin Subd. 12. new text end

new text begin Office of Higher Education. new text end

new text begin The compensation plan for unrepresented
employees of the Office of Higher Education, approved by the Legislative Coordinating
Commission Subcommittee on Employee Relations on January 10, 2006, is ratified.
new text end

new text begin Subd. 13. new text end

new text begin MnSCU Administrators. new text end

new text begin The personnel plan for Minnesota State
Colleges and Universities administrators, approved by the Legislative Coordinating
Commission Subcommittee on Employee Relations on January 10, 2006, is ratified.
new text end

new text begin Subd. 14. new text end

new text begin State Board of Investment. new text end

new text begin The salary administration plan for the
Minnesota State Board of Investment, approved by the Legislative Coordinating
Commission Subcommittee on Employee Relations on March 1, 2006, is ratified.
new text end

new text begin Subd. 15. new text end

new text begin Managerial plan amendment. new text end

new text begin The amendment to the managerial plan,
approved by the Legislative Coordinating Commission Subcommittee on Employee
Relations on March 1, 2006, is ratified.
new text end

new text begin Subd. 16. new text end

new text begin Commissioner's plan amendment. new text end

new text begin The amendment to the
commissioner's plan, approved by the Legislative Coordinating Commission
Subcommittee on Employee Relations on March 1, 2006, is ratified.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 58. new text begin PROHIBITION ON USE OF STATE FUNDS.
new text end

new text begin Subdivision 1. new text end

new text begin Use of funds. new text end

new text begin Funding for state-sponsored health programs shall not
be used for funding abortions, except to the extent necessary for continued participation
in a federal program. For purposes of this section, abortion has the meaning given in
Minnesota Statutes, section 144.343, subdivision 3.
new text end

new text begin Subd. 2. new text end

new text begin Severability. new text end

new text begin If any one or more provision, section, subdivision,
sentence, clause, phrase, or word of this section or the application thereof to any person
or circumstance is found to be unconstitutional, the same is hereby declared to be
severable and the balance of this section shall remain effective notwithstanding such
unconstitutionality. The legislature intends that it would have passed this section, and each
provision, section, subdivision, sentence, clause, phrase, or word thereof irrespective of
the fact that any one provision, section, subdivision, sentence, clause, phrase, or word be
declared unconstitutional.
new text end

new text begin Subd. 3. new text end

new text begin Supreme Court jurisdiction. new text end

new text begin The Minnesota Supreme Court has original
jurisdiction over an action challenging the constitutionality of this section and shall
expedite the resolution of the action.
new text end

Sec. 59. new text begin TRANSFER; TAX RELIEF ACCOUNT.
new text end

new text begin In fiscal year 2006, the balance in the tax relief account in Minnesota Statutes, section
16A.1522, subdivision 4, estimated to be $316,716,000, is canceled to the general fund.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day after final enactment.
new text end

Sec. 60. new text begin TRANSFER.
new text end

new text begin On June 30, 2006, the commissioner of finance shall transfer the balances in the
tobacco use prevention and local public health endowment fund and the medical education
endowment fund to the general fund. These balances result from investment income
credited to the funds after the transfer of balances on July 1, 2003. The amount transferred
under this section is estimated to be $2,933,000.
new text end

Sec. 61. new text begin REVISOR'S INSTRUCTION.
new text end

new text begin The revisor of statutes shall correct internal cross-references to sections that
are affected by section 62. The revisor may make changes necessary to correct the
punctuation, grammar, or structure of the remaining text and preserve its meaning.
new text end

Sec. 62. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2004, sections 62J.694; and 144.395, new text end new text begin are repealed.
new text end