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Minnesota Legislature

Office of the Revisor of Statutes

HF 56

1st Engrossment - 83rd Legislature, 2003 1st Special Session (2003 - 2003) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - 1st Engrossment

  1.1                          A bill for an act 
  1.2             relating to legislative enactments; correcting 
  1.3             miscellaneous oversights, inconsistencies, 
  1.4             ambiguities, unintended results, and technical errors; 
  1.5             amending Minnesota Statutes 2002, sections 10A.04, 
  1.6             subdivision 6, as amended; 115C.11, subdivision 1, as 
  1.7             amended; 116O.09, subdivision 1a, as amended; 123B.59, 
  1.8             subdivision 5, as amended; 123B.75, subdivision 5, as 
  1.9             amended; 126C.10, subdivision 1, as amended; 126C.13, 
  1.10            subdivision 4, as amended; 126C.17, subdivision 2, as 
  1.11            amended; 126C.24, as added; 256D.03, subdivision 4, as 
  1.12            amended; 297F.08, subdivision 12, as added; 349.151, 
  1.13            subdivision 4, as amended; 349.167, subdivision 2; 
  1.14            611.17, as amended; 611.27, subdivision 15, as 
  1.15            amended; Laws 2003, chapter 48, sections 1, 2; Laws 
  1.16            2003, First Special Session H.F. No. 51, article 1, 
  1.17            sections 24, 51, if enacted; Laws 2003, First Special 
  1.18            Session H.F. No. 51, article 2, section 55, 
  1.19            subdivision 21, if enacted; Laws 2003, First Special 
  1.20            Session H.F. No. 51, article 4, section 29, by adding 
  1.21            a section, if enacted; Laws 2003, First Special 
  1.22            Session H.F. No. 51, article 5, section 34, if 
  1.23            enacted; Laws 2003, First Special Session H.F. No. 51, 
  1.24            article 9, section 9, subdivision 3, by adding a 
  1.25            subdivision, if enacted; Laws 2003, First Special 
  1.26            Session H.F. No. 1, article 2, section 126, if 
  1.27            enacted; Laws 2003, First Special Session S.F. No. 2, 
  1.28            article 1, section 16, if enacted; Laws 2003, First 
  1.29            Special Session S.F. No. 905, article 1, section 6, if 
  1.30            enacted; Laws 2003, First Special Session S.F. No. 
  1.31            905, article 10, section 2, subdivision 5, if enacted. 
  1.32  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.33     Section 1.  [CORR03-1A] Laws 2003, chapter 48, section 1, 
  1.34  is amended to read: 
  1.35     Section 1.  [306.155] [CORRECTION OF INTERMENT ERRORS.] 
  1.36     Subdivision 1.  [REQUIREMENT.] If the operator of a 
  1.37  cemetery is informed or becomes aware that it has interred or 
  1.38  permitted the interment of a body or remains in the wrong burial 
  2.1   space, unless the interested parties have agreed otherwise in 
  2.2   writing, it shall disinter the burial container wrongfully 
  2.3   interred, identify the burial container, and reinter it in the 
  2.4   proper burial space.  The cemetery must give reasonable notice, 
  2.5   in advance of the disinterment, to the nearest known next of kin 
  2.6   person or persons legally entitled to control the body or 
  2.7   remains of the deceased person and, if requested, the owner of 
  2.8   the burial space.  
  2.9      Subd. 2.  [WITNESSES.] At the time specified for the 
  2.10  disinterment and reinterment, the cemetery must permit the 
  2.11  nearest known next of kin person or persons legally entitled to 
  2.12  control the body or remains and, if requested, the owner of the 
  2.13  burial space to witness the disinterment and reinterment.  
  2.14     Subd. 3.  [COSTS.] The cemetery must bear all costs of the 
  2.15  disinterment and reinterment. 
  2.16     Sec. 2.  [CORR03-1B] Laws 2003, chapter 48, section 2, is 
  2.17  amended to read: 
  2.18     Sec. 2.  [307.115] [CORRECTION OF INTERMENT ERRORS.] 
  2.19     Section 306.155 applies to private cemeteries subject to 
  2.20  this chapter.  Nothing in section 306.155 shall exempt 
  2.21  cemeteries from complying with chapter 149A. 
  2.22     Sec. 3.  [CORR03-2A] Minnesota Statutes 2002, section 
  2.23  115C.11, subdivision 1, as amended by 2003 S.F. No. 905, article 
  2.24  1, section 136, if enacted, is amended to read: 
  2.25     Subdivision 1.  [REGISTRATION.] (a) All consultants and 
  2.26  contractors who perform corrective action services must register 
  2.27  with the board.  In order to register, consultants must meet and 
  2.28  demonstrate compliance with the following criteria: 
  2.29     (1) provide a signed statement to the board verifying 
  2.30  agreement to abide by this chapter and the rules adopted under 
  2.31  it and to include a signed statement with each claim that all 
  2.32  costs claimed by the consultant are a true and accurate account 
  2.33  of services performed; 
  2.34     (2) provide a signed statement that the consultant shall 
  2.35  make available for inspection any records requested by the board 
  2.36  for field or financial audits under the scope of this chapter; 
  3.1      (3) certify knowledge of the requirements of this chapter 
  3.2   and the rules adopted under it; 
  3.3      (4) obtain and maintain professional liability coverage, 
  3.4   including pollution impairment liability; and 
  3.5      (5) agree to submit to the board a certificate or 
  3.6   certificates verifying the existence of the required insurance 
  3.7   coverage. 
  3.8      (b) The board must maintain a list of all registered 
  3.9   consultants and a list of all registered contractors. 
  3.10     (c) All corrective action services must be performed by 
  3.11  registered consultants and contractors. 
  3.12     (d) Reimbursement for corrective action services performed 
  3.13  by an unregistered consultant or contractor is subject to 
  3.14  reduction under section 115C.09, subdivision 3, paragraph (i). 
  3.15     (e) Corrective action services performed by a consultant or 
  3.16  contractor prior to being removed from the registration list may 
  3.17  be reimbursed without reduction by the board. 
  3.18     (f) If the information in an application for registration 
  3.19  becomes inaccurate or incomplete in any material respect, the 
  3.20  registered consultant or contractor must promptly file a 
  3.21  corrected application with the board. 
  3.22     (g) Registration is effective 30 days after a complete 
  3.23  application is received by the board.  The board may reimburse 
  3.24  without reduction the cost of work performed by an unregistered 
  3.25  contractor if the contractor performed the work within 60 days 
  3.26  of the effective date of registration. 
  3.27     (h) Registration for consultants under this section remains 
  3.28  in force until the expiration date of the professional liability 
  3.29  coverage, including pollution impairment liability, required 
  3.30  under paragraph (a), clause (4), or until voluntarily terminated 
  3.31  by the registrant, or until suspended or revoked by the 
  3.32  commissioner of commerce.  Registration for contractors under 
  3.33  this section expires each year on the anniversary of the 
  3.34  effective date of the contractor's most recent registration and 
  3.35  must be renewed on or before expiration.  Prior to its annual 
  3.36  expiration, a registration remains in force until voluntarily 
  4.1   terminated by the registrant, or until suspended or revoked by 
  4.2   the commissioner of commerce.  All registrants must comply with 
  4.3   registration criteria under this section. 
  4.4      (i) The board may deny a consultant or contractor 
  4.5   registration or request for renewal under this section if the 
  4.6   consultant or contractor: 
  4.7      (1) does not intend to or is not in good faith carrying on 
  4.8   the business of an environmental consultant or contractor; 
  4.9      (2) has filed an application for registration that is 
  4.10  incomplete in any material respect or contains any statement 
  4.11  which, in light of the circumstances under which it is made, 
  4.12  contains any misrepresentation, or is false, misleading, or 
  4.13  fraudulent; 
  4.14     (3) has engaged in any fraudulent, coercive, deceptive, or 
  4.15  dishonest act or practice whether or not the act or practice 
  4.16  involves the business of environmental consulting or 
  4.17  contracting; 
  4.18     (4) has forged another's name to any document whether or 
  4.19  not the document relates to a document approved by the board; 
  4.20     (5) has plead guilty, with or without explicitly admitting 
  4.21  guilt; plead nolo contendere; or been convicted of a felony, 
  4.22  gross misdemeanor, or misdemeanor involving moral turpitude, 
  4.23  including, but not limited to, assault, harassment, or similar 
  4.24  conduct has been convicted, whether by pleading guilty, with or 
  4.25  without admitting guilt, or pleading nolo contendere, of any of 
  4.26  the following offenses:  any felony; any gross misdemeanor; or a 
  4.27  misdemeanor involving:  (i) assault; (ii) harassment; (iii) 
  4.28  moral turpitude; or (iv) conduct similar to items (i) to (iii); 
  4.29     (6) has been subject to disciplinary action in another 
  4.30  state or jurisdiction; or 
  4.31     (7) has not paid subcontractors hired by the consultant or 
  4.32  contractor after they have been paid in full by the applicant. 
  4.33     Sec. 4.  [CORR03-2B] Minnesota Statutes 2002, section 
  4.34  1160.09, subdivision 1a, as amended by 2003 S.F. No. 905, 
  4.35  article 3, section 42, if enacted, is amended to read: 
  4.36     Subd. 1a.  [BOARD OF DIRECTORS.] The board of directors of 
  5.1   the agricultural utilization research institute is comprised of: 
  5.2      (1) the chairs of the senate and the house of 
  5.3   representatives standing committees with jurisdiction over 
  5.4   agriculture finance or the chair's designee; 
  5.5      (2) two representatives of statewide farm organizations 
  5.6   appointed by the commissioner; 
  5.7      (3) two representatives of agribusiness; and 
  5.8      (4) three representatives of the commodity promotion 
  5.9   councils. 
  5.10     A member of the board of directors under clauses (2) to 
  5.11  (4), including a member serving on July 1, 2003, may serve for a 
  5.12  maximum of two three-year terms.  The board's compensation is 
  5.13  governed by section 15.0575, subdivision 3. 
  5.14     [EFFECTIVE DATE.] This section, as amended by 2003 S.F. No. 
  5.15  905, article 3, section 42, is effective July 1, 2003, and 
  5.16  applies to terms beginning after that date. 
  5.17     Sec. 5.  [CORR03-3A] 2003 First Special Session S.F. No. 2, 
  5.18  article 1, section 16, if enacted, is amended to read: 
  5.19  Sec. 16.  DEFICIENCY
  5.20  APPROPRIATION BOARD
  5.21  ON JUDICIAL STANDARDS 
  5.22  FISCAL YEAR 2003
  5.23  General     35,000
  5.24  [SPECIAL HEARING COSTS.] This 
  5.25  appropriation for fiscal year 2003 is 
  5.26  added to the appropriation in Laws 
  5.27  2001, First Special Session chapter 8, 
  5.28  article 4, section 5, to the board on 
  5.29  judicial standards and is to fund costs 
  5.30  of a public hearing for a judge.  This 
  5.31  appropriation is available the day 
  5.32  following final enactment and is 
  5.33  available until June 30, 2003. 
  5.34  $35,000 is appropriated from the 
  5.35  general fund in fiscal year 2003 to the 
  5.36  board on judicial standards to fund 
  5.37  costs of a public hearing for a judge.  
  5.38  This appropriation is available until 
  5.39  expended. 
  5.40     Sec. 6.  [CORR03-3B] Minnesota Statutes 2002, section 
  5.41  611.17, as amended by 2003 First Special Session S.F. No. 2, 
  5.42  article 3, section 4, if enacted, is amended to read: 
  5.43     Sec. 4.  Minnesota Statutes 2002, section 611.17, is 
  5.44  amended to read: 
  6.1      611.17 [FINANCIAL INQUIRY; STATEMENTS; CO-PAYMENT.] 
  6.2      Subdivision 1.  [STANDARDS FOR DISTRICT PUBLIC DEFENSE 
  6.3   ELIGIBILITY.] (a) Each judicial district must screen requests 
  6.4   for representation by the district public defender.  A defendant 
  6.5   is financially unable to obtain counsel if: 
  6.6      (1) the defendant, or any dependent of the defendant who 
  6.7   resides in the same household as the defendant, receives 
  6.8   means-tested governmental benefits; or 
  6.9      (2) the defendant, through any combination of liquid assets 
  6.10  and current income, would be unable to pay the reasonable costs 
  6.11  charged by private counsel in that judicial district for a 
  6.12  defense of the same matter. 
  6.13     (b) Upon a request for the appointment of counsel, the 
  6.14  court shall make appropriate inquiry into the financial 
  6.15  circumstances of the applicant, who shall submit a financial 
  6.16  statement under oath or affirmation setting forth the 
  6.17  applicant's assets and liabilities, including the value of any 
  6.18  real property owned by the applicant, whether homestead or 
  6.19  otherwise, less the amount of any encumbrances on the real 
  6.20  property, the source or sources of income, and any other 
  6.21  information required by the court.  The applicant shall be under 
  6.22  a continuing duty while represented by a public defender to 
  6.23  disclose any changes in the applicant's financial circumstances 
  6.24  that might be relevant to the applicant's eligibility for a 
  6.25  public defender.  The state public defender shall furnish 
  6.26  appropriate forms for the financial statements.  The forms must 
  6.27  contain conspicuous notice of the applicant's continuing duty to 
  6.28  disclose to the court changes in the applicant's financial 
  6.29  circumstances.  The forms must also contain conspicuous notice 
  6.30  of the applicant's obligation to make a co-payment for the 
  6.31  services of the district public defender, as specified under 
  6.32  paragraph (c).  The information contained in the statement shall 
  6.33  be confidential and for the exclusive use of the court and the 
  6.34  public defender appointed by the court to represent the 
  6.35  applicant except for any prosecution under section 609.48.  A 
  6.36  refusal to execute the financial statement or produce financial 
  7.1   records constitutes a waiver of the right to the appointment of 
  7.2   a public defender.  The court shall not appoint a district 
  7.3   public defender to a defendant who is financially able to retain 
  7.4   private counsel but refuses to do so. 
  7.5      An inquiry to determine financial eligibility of a 
  7.6   defendant for the appointment of the district public defender 
  7.7   shall be made whenever possible prior to the court appearance 
  7.8   and by such persons as the court may direct.  This inquiry may 
  7.9   be combined with the pre-release investigation provided for in 
  7.10  Minnesota Rule of Criminal Procedure 6.02, subdivision 3.  In no 
  7.11  case shall the district public defender be required to perform 
  7.12  this inquiry or investigate the defendant's assets or 
  7.13  eligibility.  The court has the sole duty to conduct a financial 
  7.14  inquiry.  The inquiry must include the following: 
  7.15     (1) the liquidity of real estate assets, including the 
  7.16  defendant's homestead; 
  7.17     (2) any assets that can be readily converted to cash or 
  7.18  used to secure a debt; 
  7.19     (3) the determination of whether the transfer of an asset 
  7.20  is voidable as a fraudulent conveyance; and 
  7.21     (4) the value of all property transfers occurring on or 
  7.22  after the date of the alleged offense.  The burden is on the 
  7.23  accused to show that he or she is financially unable to afford 
  7.24  counsel.  Defendants who fail to provide information necessary 
  7.25  to determine eligibility shall be deemed ineligible.  The court 
  7.26  must not appoint the district public defender as advisory 
  7.27  counsel. 
  7.28     (c) Upon appointment of the public defender, an individual 
  7.29  who receives public defender services shall be obligated to pay 
  7.30  to the court a co-payment for representation provided by a 
  7.31  public defender.  The co-payment shall be according to the 
  7.32  following schedule: 
  7.33     (1) if the person was charged with a felony, $200; 
  7.34     (2) if the person was charged with a gross misdemeanor, 
  7.35  $100; or 
  7.36     (3) if the person was charged with a misdemeanor, $50. 
  8.1      If the person is a child and was appointed counsel under 
  8.2   the provisions of section 260B.163, subdivision 4, the parents 
  8.3   of the child shall pay to the court a co-payment of $100.  If 
  8.4   the person is a parent of a child and the parent was appointed 
  8.5   counsel under the provisions of section 260C.163, subdivision 3, 
  8.6   the parent shall pay to the court a co-payment of $200. 
  8.7      The co-payment shall be deposited in the state general 
  8.8   fund.  If a term of probation is imposed as a part of an 
  8.9   offender's sentence, the co-payment required by this section 
  8.10  must not be made a condition of probation.  The co-payment 
  8.11  required by this section is a civil obligation and must not be 
  8.12  made a condition of a criminal sentence.  Collection of the 
  8.13  co-payment may be made through the provisions of chapter 270A, 
  8.14  the Revenue Recapture Act. 
  8.15     (d) All public defender co-pay revenue collected under 
  8.16  paragraph (c) and revenues less statutory fees collected under 
  8.17  chapter 270A shall be deposited in the public defender co-pay 
  8.18  account in the special revenue fund. 
  8.19     The first $2,740,000 deposited in the public defender 
  8.20  co-pay account must be transferred to the general fund.  This is 
  8.21  not an annual transfer.  Receipts in excess of the first 
  8.22  $2,740,000 are appropriated to the board of public defense for 
  8.23  public defender services. 
  8.24     Sec. 7.  [CORR03-4A] Minnesota Statutes 2002, section 
  8.25  349.151, subdivision 4, as amended by 2003 First Special Session 
  8.26  H.F. No. 1, article 2, section 86, if enacted, is amended to 
  8.27  read: 
  8.28     Sec. 86.  Minnesota Statutes 2002, section 349.151, 
  8.29  subdivision 4, is amended to read: 
  8.30     Subd. 4.  [POWERS AND DUTIES.] (a) The board has the 
  8.31  following powers and duties:  
  8.32     (1) to regulate lawful gambling to ensure it is conducted 
  8.33  in the public interest; 
  8.34     (2) to issue licenses to organizations, distributors, 
  8.35  distributor salespersons, bingo halls, manufacturers, and 
  8.36  gambling managers; 
  9.1      (3) to collect and deposit license, permit, and 
  9.2   registration fees due under this chapter; 
  9.3      (4) to receive reports required by this chapter and inspect 
  9.4   all premises, records, books, and other documents of 
  9.5   organizations, distributors, manufacturers, and bingo halls to 
  9.6   insure compliance with all applicable laws and rules; 
  9.7      (5) to make rules authorized by this chapter; 
  9.8      (6) to register gambling equipment and issue registration 
  9.9   stamps; 
  9.10     (7) to provide by rule for the mandatory posting by 
  9.11  organizations conducting lawful gambling of rules of play and 
  9.12  the odds and/or house percentage on each form of lawful 
  9.13  gambling; 
  9.14     (8) to report annually to the governor and legislature on 
  9.15  its activities and on recommended changes in the laws governing 
  9.16  gambling; 
  9.17     (9) to impose civil penalties of not more than $500 per 
  9.18  violation on organizations, distributors, distributor 
  9.19  salespersons, manufacturers, bingo halls, and gambling managers 
  9.20  for failure to comply with any provision of this chapter or any 
  9.21  rule or order of the board; 
  9.22     (10) to issue premises permits to organizations licensed to 
  9.23  conduct lawful gambling; 
  9.24     (11) to delegate to the director the authority to issue or 
  9.25  deny license and premises permit applications and renewals under 
  9.26  criteria established by the board; 
  9.27     (12) to suspend or revoke licenses and premises permits of 
  9.28  organizations, distributors, distributor salespersons, 
  9.29  manufacturers, bingo halls, or gambling managers as provided in 
  9.30  this chapter; 
  9.31     (13) to register employees of organizations licensed to 
  9.32  conduct lawful gambling; 
  9.33     (14) to require fingerprints from persons determined by 
  9.34  board rule to be subject to fingerprinting; 
  9.35     (15) to delegate to a compliance review group of the board 
  9.36  the authority to investigate alleged violations, issue consent 
 10.1   orders, and initiate contested cases on behalf of the board; 
 10.2      (16) to order organizations, distributors, distributor 
 10.3   salespersons, manufacturers, bingo halls, and gambling managers 
 10.4   to take corrective actions; and 
 10.5      (17) to take all necessary steps to ensure the integrity of 
 10.6   and public confidence in lawful gambling.  
 10.7      (b) The board, or director if authorized to act on behalf 
 10.8   of the board, may by citation assess any organization, 
 10.9   distributor, employee eligible to make sales on behalf of a 
 10.10  distributor, manufacturer, bingo hall licensee, or gambling 
 10.11  manager a civil penalty of not more than $500 per violation for 
 10.12  a failure to comply with any provision of this chapter or any 
 10.13  rule adopted or order issued by the board.  Any organization, 
 10.14  distributor, bingo hall licensee, gambling manager, or 
 10.15  manufacturer assessed a civil penalty under this paragraph may 
 10.16  request a hearing before the board.  Appeals of citations 
 10.17  imposing a civil penalty are not subject to the provisions of 
 10.18  the Administrative Procedure Act.  
 10.19     (c) All penalties received by the board must be deposited 
 10.20  in the general fund. 
 10.21     (d) All fees imposed by the board under sections 349.16 to 
 10.22  349.165 349.167 must be deposited in the state treasury and 
 10.23  credited to a lawful gambling regulation account in the special 
 10.24  revenue fund. Receipts in this account are available for the 
 10.25  operations of the board up to the amount authorized in biennial 
 10.26  appropriations from the legislature. 
 10.27     Sec. 8.  [CORR03-4B] 2003 First Special Session H.F. No. 1, 
 10.28  article 2, section 126, if enacted, is amended to read: 
 10.29     Sec. 126.  [GAMBLING CONTROL; FEE TRANSITION.] 
 10.30     Effective July 1, 2003, all licensees regulated by the 
 10.31  gambling control board must begin paying the applicable fees 
 10.32  under Minnesota Statutes, sections 349.16 to 349.165 349.167.  
 10.33  The gambling control board shall provide a onetime, prorated 
 10.34  credit against these fees to licensees who paid for licenses 
 10.35  before July 1, 2003, that were to extend beyond July 1, 2003.  
 10.36     Sec. 9.  [CORR03-4C] Minnesota Statutes 2002, section 
 11.1   349.167, subdivision 2, is amended to read: 
 11.2      Subd. 2.  [GAMBLING MANAGERS; LICENSES.] A person may not 
 11.3   serve as a gambling manager for an organization unless the 
 11.4   person possesses a valid gambling manager's license issued by 
 11.5   the board.  In addition to the disqualifications in section 
 11.6   349.155, subdivision 3, the board may not issue a gambling 
 11.7   manager's license to a person applying for the license who: 
 11.8      (1) has not complied with subdivision 4, clause (1); 
 11.9      (2) within the five years before the date of the license 
 11.10  application, has committed a violation of law or board rule that 
 11.11  resulted in the revocation of a license issued by the board; 
 11.12     (3) has ever been convicted of a criminal violation 
 11.13  involving fraud, theft, tax evasion, misrepresentation, or 
 11.14  gambling; or 
 11.15     (4) has engaged in conduct the board determines is contrary 
 11.16  to the public health, welfare, or safety or the integrity of 
 11.17  lawful gambling. 
 11.18     A gambling manager's license runs concurrent with the 
 11.19  organization's license unless the gambling manager's license is 
 11.20  suspended or revoked.  The fee for a gambling manager's license 
 11.21  is $200 $100.  During the second year of an organization's 
 11.22  license the license fee for a new gambling manager is $100. 
 11.23     Sec. 10.  [CORR03-5] Minnesota Statutes 2002, section 
 11.24  10A.04, subdivision 6, as amended by 2003 First Special Session 
 11.25  H.F. No. 1, article 2, section 27, if enacted, is amended to 
 11.26  read: 
 11.27     Sec. 27.  Minnesota Statutes 2002, section 10A.04, 
 11.28  subdivision 6, is amended to read: 
 11.29     Subd. 6.  [PRINCIPAL REPORTS.] (a) A principal must report 
 11.30  to the board as required in this subdivision by March 15 for the 
 11.31  preceding calendar year.  Along with the report, the principal 
 11.32  must pay a fee of $50, except as otherwise provided in this 
 11.33  subdivision.  The fee must be no more than necessary to cover 
 11.34  the cost of administering sections 10A.03 to 10A.06.  The amount 
 11.35  of the fee is subject to change each biennium in accordance with 
 11.36  the budget request made by the board.  The fee requirement 
 12.1   expires June 30, 2004. 
 12.2      (b) The principal must report the total amount, rounded to 
 12.3   the nearest $20,000, spent by the principal during the preceding 
 12.4   calendar year to influence legislative action, administrative 
 12.5   action, and the official action of metropolitan governmental 
 12.6   units. 
 12.7      (c) The principal must report under this subdivision a 
 12.8   total amount that includes: 
 12.9      (1) all direct payments by the principal to lobbyists in 
 12.10  this state; 
 12.11     (2) all expenditures for advertising, mailing, research, 
 12.12  analysis, compilation and dissemination of information, and 
 12.13  public relations campaigns related to legislative action, 
 12.14  administrative action, or the official action of metropolitan 
 12.15  governmental units in this state; and 
 12.16     (3) all salaries and administrative expenses attributable 
 12.17  to activities of the principal relating to efforts to influence 
 12.18  legislative action, administrative action, or the official 
 12.19  action of metropolitan governmental units in this state. 
 12.20     Sec. 11.  [CORR03-6] 2003 S.F. No. 905, article 10, section 
 12.21  2, subdivision 5, if enacted, is amended to read: 
 12.22  Subd. 5.  Office of Tourism 
 12.23      8,066,000       8,059,000 
 12.24  To develop maximum private sector 
 12.25  involvement in tourism, $3,500,000 the 
 12.26  first year and $3,500,000 the second 
 12.27  year of the amounts appropriated for 
 12.28  marketing activities are contingent on 
 12.29  receipt of an equal contribution from 
 12.30  nonstate sources that have been 
 12.31  certified by the commissioner.  Up to 
 12.32  one-half of the match may be given in 
 12.33  in-kind contributions. 
 12.34  In order to maximize marketing grant 
 12.35  benefits, the commissioner must give 
 12.36  priority for joint venture marketing 
 12.37  grants to organizations with year-round 
 12.38  sustained tourism activities.  For 
 12.39  programs and projects submitted, the 
 12.40  commissioner must give priority to 
 12.41  those that encompass two or more areas 
 12.42  or that attract nonresident travelers 
 12.43  to the state. 
 12.44  If an appropriation for either year for 
 12.45  grants is not sufficient, the 
 12.46  appropriation for the other year is 
 13.1   available for it. 
 13.2   The commissioner may use grant dollars 
 13.3   or the value of in-kind services to 
 13.4   provide the state contribution for the 
 13.5   partnership program. 
 13.6   Any unexpended money from general fund 
 13.7   appropriations made under this 
 13.8   subdivision does not cancel but must be 
 13.9   placed in a special advertising account 
 13.10  for use by the office of tourism to 
 13.11  purchase additional media. 
 13.12  Of this amount, $50,000 the first year 
 13.13  is for a onetime grant to the 
 13.14  Mississippi River parkway commission to 
 13.15  support the increased promotion of 
 13.16  tourism along the Great River Road.  
 13.17  This appropriation is available until 
 13.18  June 30, 2005.  Notwithstanding 
 13.19  Minnesota Statutes 2002, section 
 13.20  161.1419, subdivision 8, the commission 
 13.21  expires on June 30, 2007. 
 13.22  Of this amount, $175,000 the first year 
 13.23  and $175,000 the second year are for 
 13.24  the Minnesota film board.  The 
 13.25  appropriation in each year is available 
 13.26  only upon receipt by the board of $1 in 
 13.27  matching contributions of money or 
 13.28  in-kind from nonstate sources for every 
 13.29  $3 provided by this appropriation. 
 13.30     Sec. 12.  [CORR03-8A] Minnesota Statutes 2002, section 
 13.31  126C.10, subdivision 1, as amended by 2003 First Special Session 
 13.32  H.F. No. 51, article 1, section 20, if enacted, is amended to 
 13.33  read: 
 13.34     Subdivision 1.  [GENERAL EDUCATION REVENUE.] (a) For fiscal 
 13.35  year 2003, the general education revenue for each district 
 13.36  equals the sum of the district's basic revenue, basic skills 
 13.37  revenue, training and experience revenue, secondary sparsity 
 13.38  revenue, elementary sparsity revenue, transportation sparsity 
 13.39  revenue, total operating capital revenue, and equity revenue. 
 13.40     (b) For fiscal year 2004 and later, the general education 
 13.41  revenue for each district equals the sum of the district's basic 
 13.42  revenue, extended time revenue, basic skills revenue, training 
 13.43  and experience revenue, secondary sparsity revenue, elementary 
 13.44  sparsity revenue, transportation sparsity revenue, total 
 13.45  operating capital revenue, equity revenue, and transition 
 13.46  revenue. 
 13.47     Sec. 13.  [CORR03-8B] Minnesota Statutes 2002, section 
 13.48  126C.13, subdivision 4, as amended by 2003 First Special Session 
 14.1   H.F. No. 51, article 1, section 33, if enacted, is amended to 
 14.2   read: 
 14.3      Subd. 4.  [GENERAL EDUCATION AID.] (a) For fiscal year 
 14.4   2004, a district's general education aid is the sum of the 
 14.5   following amounts:  
 14.6      (1) general education revenue; 
 14.7      (2) shared time aid according to section 126C.01, 
 14.8   subdivision 7; 
 14.9      (3) referendum aid according to section 126C.17; and 
 14.10     (4) distance education on-line learning aid according to 
 14.11  section 126C.24. 
 14.12     (b) For fiscal year 2005 and later, a district's general 
 14.13  education aid is the sum of the following amounts: 
 14.14     (1) general education revenue, excluding equity revenue, 
 14.15  total operating capital, and transition revenue; 
 14.16     (2) operating capital aid according to section 126C.10, 
 14.17  subdivision 13b; 
 14.18     (3) equity aid according to section 126C.10, subdivision 
 14.19  30; 
 14.20     (3) (4) transition aid according to section 126C.10, 
 14.21  subdivision 33; 
 14.22     (4) (5) shared time aid according to section 126C.01, 
 14.23  subdivision 7; 
 14.24     (5) (6) referendum aid according to section 126C.17; and 
 14.25     (6) distance education (7) on-line learning aid according 
 14.26  to section 126C.24. 
 14.27     Sec. 14.  [CORR03-8C] Minnesota Statutes 2002, section 
 14.28  126C.17, subdivision 2, as amended by 2003 First Special Session 
 14.29  H.F. No. 51, article 1, section 36, if enacted, is amended to 
 14.30  read: 
 14.31     Subd. 2.  [REFERENDUM ALLOWANCE LIMIT.] (a) Notwithstanding 
 14.32  subdivision 1, for fiscal year 2003, a district's referendum 
 14.33  allowance must not exceed the greater of: 
 14.34     (1) the sum of a district's referendum allowance for fiscal 
 14.35  year 1994 times 1.162 plus its referendum conversion allowance 
 14.36  for fiscal year 2003, minus $415; 
 15.1      (2) 18.2 percent of the formula allowance; 
 15.2      (3) for a newly reorganized district created on July 1, 
 15.3   2002, the referendum revenue authority for each reorganizing 
 15.4   district in the year preceding reorganization divided by its 
 15.5   resident marginal cost pupil units for the year preceding 
 15.6   reorganization, minus $415; or 
 15.7      (4) for a newly reorganized district created after July 1, 
 15.8   2002, the referendum revenue authority for each reorganizing 
 15.9   district in the year preceding reorganization divided by its 
 15.10  resident marginal cost pupil units for the year preceding 
 15.11  reorganization. 
 15.12     (b) Notwithstanding subdivision 1, for fiscal year 2004 and 
 15.13  later, a district's referendum allowance must not exceed the 
 15.14  greater of: 
 15.15     (1) the sum of:  (i) a district's referendum allowance for 
 15.16  fiscal year 1994 times 1.177 times the annual inflationary 
 15.17  increase as calculated under paragraph (c) plus (ii) its 
 15.18  referendum conversion allowance for fiscal year 2003, minus 
 15.19  (iii) $415; 
 15.20     (2) the greater of (i) 18.6 percent of the formula 
 15.21  allowance or (ii) the previous year's referendum allowance 
 15.22  $855.79 times the annual inflationary increase as calculated 
 15.23  under paragraph (c); or 
 15.24     (3) for a newly reorganized district created after July 1, 
 15.25  2002, the referendum revenue authority for each reorganizing 
 15.26  district in the year preceding reorganization divided by its 
 15.27  resident marginal cost pupil units for the year preceding 
 15.28  reorganization. 
 15.29     (c) For purposes of this subdivision, for fiscal year 2005 
 15.30  and later, "inflationary increase" means one plus the percentage 
 15.31  change in the Consumer Price Index for urban consumers, as 
 15.32  prepared by the United States Bureau of Labor Standards, for the 
 15.33  current fiscal year to fiscal year 2004.  For fiscal years 2009 
 15.34  and later, for purposes of paragraph (b), clause (1), the 
 15.35  inflationary increase equals the inflationary increase for 
 15.36  fiscal year 2008 plus one-fourth of the percentage increase in 
 16.1   the formula allowance for that year compared with the formula 
 16.2   allowance for fiscal year 2008. 
 16.3      Sec. 15.  [CORR03-8D] Minnesota Statutes 2002, section 
 16.4   126C.24, as added by 2003 First Special Session H.F. No. 51, 
 16.5   article 2, section 37, if enacted, is amended to read: 
 16.6      Sec. 37.  [126C.24] [ON-LINE LEARNING AID.] 
 16.7      (a) The on-line learning aid for an on-line learning 
 16.8   provider equals the product of the adjusted on-line learning 
 16.9   average daily membership for students under section 124D.095, 
 16.10  subdivision 8, paragraph (d), times the student grade level 
 16.11  weighting under section 126C.05, subdivision 1, times the 
 16.12  formula allowance. 
 16.13     (b) Notwithstanding section 127A.45, the department must 
 16.14  pay each on-line learning provider 77 80 percent of the amount 
 16.15  in paragraph (a) within 45 days of receiving final enrollment 
 16.16  and course completion information each quarter or semester.  A 
 16.17  final payment equal to 23 20 percent of the amount in paragraph 
 16.18  (a) must be made on September 30 of the next fiscal year. 
 16.19     Sec. 16.  [CORR03-8E] 2003 First Special Session H.F. No. 
 16.20  51, article 2, section 55, subdivision 21, if enacted, is 
 16.21  amended to read: 
 16.22     Subd. 21.  [DISTANCE EDUCATION ON-LINE LEARNING.] 
 16.23  For distance education on-line learning aid under Minnesota 
 16.24  Statutes, section 124D.095:  
 16.25     $1,000,000       .....     2004
 16.26     $1,250,000       .....     2005
 16.27     Sec. 17.  [CORR03-8F] Minnesota Statutes 2002, section 
 16.28  123B.59, subdivision 5, as amended by 2003 First Special Session 
 16.29  H.F. No. 51, article 4, section 12, if enacted, is amended to 
 16.30  read: 
 16.31     Subd. 5.  [LEVY AUTHORIZED.] A district may levy for costs 
 16.32  related to an approved facility plan as follows:  
 16.33     (a) if the district has indicated to the commissioner that 
 16.34  bonds will be issued, the district may levy for the principal 
 16.35  and interest payments on outstanding bonds issued according to 
 16.36  subdivision 3 after reduction for any alternative facilities aid 
 17.1   receivable under subdivision 6; or 
 17.2      (b) if the district has indicated to the commissioner that 
 17.3   the plan will be funded through levy, the district may levy 
 17.4   according to the schedule approved in the plan after reduction 
 17.5   for any alternative facilities aid receivable under subdivision 
 17.6   3a 6. 
 17.7      Sec. 18.  [CORR03-8G] 2003 First Special Session H.F. No. 
 17.8   51, article 4, section 29, if enacted, is amended to read: 
 17.9      Sec. 29.  [GARAGE LEASE LEVY; SARTELL.] 
 17.10     For taxes payable in 2004, 2005, and 2006, independent 
 17.11  school district No. 740, Sartell, may levy up to $107,000 each 
 17.12  year for the purpose of leasing a school bus storage facility.  
 17.13  The department of education shall include this levy in the 
 17.14  calculation of eligible building lease levy under Minnesota 
 17.15  Statutes, section 126C.40, subdivision 1.  This levy shall not 
 17.16  allow the district to exceed the $100 $90 per resident marginal 
 17.17  cost pupil unit cap in that section.  The district is eligible 
 17.18  to make this levy only if it sells its current school bus 
 17.19  storage site to the city of Sartell and the district may not use 
 17.20  this levy as part of a lease purchase agreement to replace its 
 17.21  current school bus storage facility.  
 17.22     Sec. 19.  [CORR03-8H] Minnesota Statutes 2002, section 
 17.23  123B.75, subdivision 5, as amended by 2003 First Special Session 
 17.24  H.F. No. 51, article 5, section 4, if enacted, is amended to 
 17.25  read: 
 17.26     Subd. 5.  [LEVY RECOGNITION.] (a) "School district tax 
 17.27  settlement revenue" means the current, delinquent, and 
 17.28  manufactured home property tax receipts collected by the county 
 17.29  and distributed to the school district. 
 17.30     (b) In June of 2003, the school district must recognize as 
 17.31  revenue, in the fund for which the levy was made, the lesser of: 
 17.32     (1) the sum of May, June, and July school district tax 
 17.33  settlement revenue received in that calendar year, plus general 
 17.34  education aid according to section 126C.13, subdivision 4, 
 17.35  received in July and August of that calendar year; or 
 17.36     (2) the sum of: 
 18.1      (i) 31 percent of the referendum levy certified according 
 18.2   to section 126C.17, in calendar year 2000; plus 
 18.3      (ii) the entire amount of the levy certified in the prior 
 18.4   calendar year according to section 124D.86, subdivision 4, for 
 18.5   school districts receiving revenue under sections 124D.86, 
 18.6   subdivision 3, clauses (1), (2), and (3); 126C.41, subdivisions 
 18.7   1, 2, and 3, paragraphs (b), (c), and (d); 126C.43, subdivision 
 18.8   2; 126C.457; and 126C.48, subdivision 6. 
 18.9      (c) For fiscal year 2004 and later years, in June of each 
 18.10  year, the school district must recognize as revenue, in the fund 
 18.11  for which the levy was made, the lesser of: 
 18.12     (1) the sum of May, June, and July school district tax 
 18.13  settlement revenue received in that calendar year, plus general 
 18.14  education aid according to section 126C.13, subdivision 4, 
 18.15  received in July and August of that calendar year; or 
 18.16     (2) the sum of: 
 18.17     (i) the greater of the 45 percent of the referendum levy 
 18.18  certified according to section 126C.17, in the prior calendar 
 18.19  year or 45 31 percent of the referendum levy certified according 
 18.20  to section 126C.17, in calendar year 2000; plus 
 18.21     (ii) the entire amount of the levy certified in the prior 
 18.22  calendar year according to section 124D.86, subdivision 4, for 
 18.23  school districts receiving revenue under sections 124D.86, 
 18.24  subdivision 3, clauses (1), (2), and (3); 126C.41, subdivisions 
 18.25  1, 2, and 3, paragraphs (b), (c), and (d); 126C.43, subdivision 
 18.26  2; 126C.457; and 126C.48, subdivision 6; plus 
 18.27     (iii) 45 percent of the amount of the levy certified in the 
 18.28  prior calendar year for the school district's general and 
 18.29  community service funds, plus or minus auditor's adjustments, 
 18.30  not including levy portions that are assumed by the state, that 
 18.31  remains after subtracting the referendum levy certified 
 18.32  according to section 126C.17 and the amount recognized according 
 18.33  to clause (ii). 
 18.34     (3) For fiscal year 2005 and later, the percent of the 
 18.35  referendum levy that is shifted is the greater of 31 percent or 
 18.36  the percent computed under paragraph (c), clause (2), item (i), 
 19.1   for fiscal year 2004. 
 19.2      Sec. 20.  [CORR03-8I] 2003 First Special Session H.F. No. 
 19.3   51, article 5, section 34, if enacted, is amended to read: 
 19.4      Sec. 34.  [DIRECTION TO COMMISSIONER.] 
 19.5      (a) Notwithstanding Minnesota Statutes, section 123B.75, 
 19.6   subdivision 5, the commissioner shall calculate the property tax 
 19.7   recognition shift percentage that raises $230,378,000 in fiscal 
 19.8   year 2004.  
 19.9      (b) Notwithstanding paragraph (a), the property tax 
 19.10  recognition shift percentage must not exceed 50 percent. 
 19.11     (c) The commissioner shall apply this percentage to the 
 19.12  property tax recognition shift under Minnesota Statutes, section 
 19.13  123B.75, subdivision 5, paragraph (c), clause (2), in fiscal 
 19.14  year 2004 and later. 
 19.15     Sec. 21.  [CORR03-8J] 2003 First Special Session H.F. No. 
 19.16  51, article 1, section 24, if enacted, is amended to read: 
 19.17     Sec. 24.  Minnesota Statutes 2002, section 126C.10, is 
 19.18  amended by adding a subdivision to read: 
 19.19     Subd. 13a.  [OPERATING CAPITAL LEVY.] To obtain operating 
 19.20  capital revenue for fiscal year 2005 and later, a district may 
 19.21  levy an amount not more than the product of its operating 
 19.22  capital revenue for the fiscal year times the lesser of one or 
 19.23  the ratio of its adjusted net tax capacity per adjusted marginal 
 19.24  pupil cost pupil unit to $22,222. 
 19.25     Sec. 22.  [CORR03-8K] 2003 First Special Session H.F. No. 
 19.26  51, article 1, section 51, if enacted, is amended to read: 
 19.27     Sec. 51.  [STAFF DEVELOPMENT RESERVED REVENUE; FISCAL YEARS 
 19.28  2004 AND 2005.] 
 19.29     Notwithstanding Minnesota Statutes, section 122A.61, 
 19.30  subdivision 1, for fiscal years 2004 and 2005 only, a school 
 19.31  district must may reserve an amount equal to at least zero 
 19.32  percent of the basic revenue under Minnesota Statutes, section 
 19.33  126C.10, subdivision 2.  A district may waive this requirement 
 19.34  by a majority vote of the licensed teachers in the district and 
 19.35  a majority vote of the school board.  A district in statutory 
 19.36  operating debt is exempt from this requirement. 
 20.1      Sec. 23.  [CORR03-8L] 2003 First Special Session H.F. No. 
 20.2   51, article 9, section 9, subdivision 3, if enacted, is amended 
 20.3   to read: 
 20.4      Subd. 3.  [ADULT GRADUATION AID.] For adult graduation aid 
 20.5   under Minnesota Statutes, section 124D.54:  
 20.6        $2,094,000 $396,000    .....     2004
 20.7        $  424,000     .....     2005
 20.8      The 2004 appropriation includes $396,000 for 2003 and 
 20.9   $1,698,000 for 2004.  
 20.10     The 2005 appropriation includes $424,000 for 2004 and $0 
 20.11  for 2005. 
 20.12     Sec. 24.  [CORR03-8M] 2003 First Special Session H.F. No. 
 20.13  51, article 9, section 9, if enacted, is amended by adding a 
 20.14  subdivision to read: 
 20.15     Subd. 6.  [ADULT BASIC EDUCATION TRANSITION AID.] (a) For 
 20.16  adult basic transition aid under section 8: 
 20.17       $1,698,000     .....     2004
 20.18       $  424,000     .....     2005
 20.19     The 2004 appropriation includes $0 for 2003 and $1,698,000 
 20.20  for 2004.  
 20.21     The 2005 appropriation includes $424,000 for 2004 and $0 
 20.22  for 2005. 
 20.23     Sec. 25. [CORR03-8N] 2003 First Special Session H.F. No. 
 20.24  51, article 4, if enacted, is amended by adding a section to 
 20.25  read: 
 20.26     Sec. 33.  Minnesota Statutes 2002, section 125B.21, is 
 20.27  amended to read: 
 20.28     125B.21 [MINNESOTA EDUCATION TELECOMMUNICATIONS COUNCIL.] 
 20.29     Subdivision 1.  [STATE COUNCIL MEMBERSHIP.] The membership 
 20.30  of the Minnesota education telecommunications council 
 20.31  established in Laws 1993, First Special Session chapter 2, is 
 20.32  expanded to include representatives of elementary and secondary 
 20.33  education.  The membership shall consist of three 
 20.34  representatives from the University of Minnesota; three 
 20.35  representatives of the board of trustees for Minnesota state 
 20.36  colleges and universities; one representative of the higher 
 21.1   education services offices; one representative appointed by the 
 21.2   private college council; one representative selected by the 
 21.3   commissioner of administration; eight representatives selected 
 21.4   by the commissioner of children, families, and learning 
 21.5   education, at least one of which must come from each of the six 
 21.6   higher education telecommunication regions; a representative 
 21.7   from the office of technology; two members each from the senate 
 21.8   and the house of representatives selected by the subcommittee on 
 21.9   committees of the committee on rules and administration of the 
 21.10  senate and the speaker of the house, one member from each body 
 21.11  must be a member of the minority party; and three 
 21.12  representatives of libraries, one representing regional public 
 21.13  libraries, one representing multitype libraries, and one 
 21.14  representing community libraries, selected by the governor; and 
 21.15  two members, one selected from and representing the higher 
 21.16  education regional coordinators and one selected from and 
 21.17  representing the kindergarten through grade 12 cluster regions.  
 21.18  The council shall serve as a forum to establish and advocate for 
 21.19  a statewide vision and plans for the use of distance learning 
 21.20  technologies, including: 
 21.21     (1) the coordination and collaboration of distance learning 
 21.22  opportunities; 
 21.23     (2) the implementation of the use of distance learning 
 21.24  technologies; 
 21.25     (3) the collaboration of distance learning users; 
 21.26     (4) the implementation of educational policy relating to 
 21.27  telecommunications; 
 21.28     (5) the exchange of ideas; 
 21.29     (6) the communications with state government and related 
 21.30  agencies and entities; 
 21.31     (7) the coordination of networks for post-secondary 
 21.32  campuses, kindergarten through grade 12 education, and regional 
 21.33  and community libraries; and 
 21.34     (8) the promotion of consistency of the operation of the 
 21.35  learning network with standards of an open system architecture. 
 21.36     The council expires June 30, 2004. 
 22.1      Sec. 26.  [CORR03-10] 2003 S.F. No. 905, article 1, section 
 22.2   6, if enacted, is amended to read: 
 22.3   Sec. 6.  MINNESOTA
 22.4   CONSERVATION CORPS                       840,000        840,000 
 22.5                 Summary by Fund
 22.6   General                 350,000       350,000
 22.7   Natural Resources       490,000       490,000
 22.8   The Minnesota Conservation Corps may 
 22.9   receive money appropriated under this 
 22.10  section only as provided in an 
 22.11  agreement with the commissioner of 
 22.12  natural resources. 
 22.13     Sec. 27.  [CORR03-11] 
 22.14     Minnesota Statutes 2002, section 471.88, subdivision 20, as 
 22.15  added by 2003 H.F. No. 923, section 1, if enacted, is effective 
 22.16  the day following final enactment. 
 22.17     Sec. 28.  [CORR03-12] 
 22.18     2003 First Special Session H.F. No. 51, article 1, section 
 22.19  39, if enacted, is effective retroactively from July 1, 2002, 
 22.20  and is effective for revenue for fiscal year 2005. 
 22.21     Sec. 29.  [CORR03-13] Minnesota Statutes 2002, section 
 22.22  611.27, subdivision 15, as amended by 2003 First Special Session 
 22.23  H.F. No. 7, article 6, section 8, if enacted, is amended to read:
 22.24     Subd. 15.  [COSTS OF TRANSCRIPTS.] In appeal cases and 
 22.25  postconviction cases where the state public defender's office 
 22.26  does not have sufficient funds to pay for transcripts and other 
 22.27  necessary expenses because it has spent or committed all of the 
 22.28  transcript funds in its annual budget, the state public defender 
 22.29  may forward to the commissioner of finance all billings for 
 22.30  transcripts and other necessary expenses.  The commissioner 
 22.31  shall pay for these transcripts and other necessary expenses 
 22.32  from county criminal justice aid retained by the commissioner of 
 22.33  revenue under section 477A.0121, subdivision 4, or from county 
 22.34  program aid retained by the commissioner of revenue for that 
 22.35  purpose under section 477A.0124, subdivision 1, clause (4), or 
 22.36  477A.03, subdivision 2 2b, paragraph (c) (a). 
 22.37     Sec. 30.  [CORR03-14] Minnesota Statutes 2002, section 
 22.38  256D.03, subdivision 4, as amended by 2003 First Special Session 
 23.1   H.F. No. 6, article 12, section 69, if enacted, is amended to 
 23.2   read: 
 23.3      Subd. 4.  [GENERAL ASSISTANCE MEDICAL CARE; SERVICES.] 
 23.4   (a)(i) For a person who is eligible under subdivision 3, 
 23.5   paragraph (a), clause (2), item (i), general assistance medical 
 23.6   care covers, except as provided in paragraph (c): 
 23.7      (1) inpatient hospital services; 
 23.8      (2) outpatient hospital services; 
 23.9      (3) services provided by Medicare certified rehabilitation 
 23.10  agencies; 
 23.11     (4) prescription drugs and other products recommended 
 23.12  through the process established in section 256B.0625, 
 23.13  subdivision 13; 
 23.14     (5) equipment necessary to administer insulin and 
 23.15  diagnostic supplies and equipment for diabetics to monitor blood 
 23.16  sugar level; 
 23.17     (6) eyeglasses and eye examinations provided by a physician 
 23.18  or optometrist; 
 23.19     (7) hearing aids; 
 23.20     (8) prosthetic devices; 
 23.21     (9) laboratory and X-ray services; 
 23.22     (10) physician's services; 
 23.23     (11) medical transportation except special transportation; 
 23.24     (12) chiropractic services as covered under the medical 
 23.25  assistance program; 
 23.26     (13) podiatric services; 
 23.27     (14) dental services and dentures, subject to the 
 23.28  limitations specified in section 256B.0625, subdivision 9; 
 23.29     (15) outpatient services provided by a mental health center 
 23.30  or clinic that is under contract with the county board and is 
 23.31  established under section 245.62; 
 23.32     (16) day treatment services for mental illness provided 
 23.33  under contract with the county board; 
 23.34     (17) prescribed medications for persons who have been 
 23.35  diagnosed as mentally ill as necessary to prevent more 
 23.36  restrictive institutionalization; 
 24.1      (18) psychological services, medical supplies and 
 24.2   equipment, and Medicare premiums, coinsurance and deductible 
 24.3   payments; 
 24.4      (19) medical equipment not specifically listed in this 
 24.5   paragraph when the use of the equipment will prevent the need 
 24.6   for costlier services that are reimbursable under this 
 24.7   subdivision; 
 24.8      (20) services performed by a certified pediatric nurse 
 24.9   practitioner, a certified family nurse practitioner, a certified 
 24.10  adult nurse practitioner, a certified obstetric/gynecological 
 24.11  nurse practitioner, a certified neonatal nurse practitioner, or 
 24.12  a certified geriatric nurse practitioner in independent 
 24.13  practice, if (1) the service is otherwise covered under this 
 24.14  chapter as a physician service, (2) the service provided on an 
 24.15  inpatient basis is not included as part of the cost for 
 24.16  inpatient services included in the operating payment rate, and 
 24.17  (3) the service is within the scope of practice of the nurse 
 24.18  practitioner's license as a registered nurse, as defined in 
 24.19  section 148.171; 
 24.20     (21) services of a certified public health nurse or a 
 24.21  registered nurse practicing in a public health nursing clinic 
 24.22  that is a department of, or that operates under the direct 
 24.23  authority of, a unit of government, if the service is within the 
 24.24  scope of practice of the public health nurse's license as a 
 24.25  registered nurse, as defined in section 148.171; and 
 24.26     (22) telemedicine consultations, to the extent they are 
 24.27  covered under section 256B.0625, subdivision 3b.  
 24.28     (ii) Effective October 1, 2003, for a person who is 
 24.29  eligible under subdivision 3, paragraph (a), clause (2), item 
 24.30  (ii), general assistance medical care coverage is limited to 
 24.31  inpatient hospital services, including physician services 
 24.32  provided during the inpatient hospital stay.  A $1,000 
 24.33  deductible is required for each inpatient hospitalization.  
 24.34     (b) Gender reassignment surgery and related services are 
 24.35  not covered services under this subdivision unless the 
 24.36  individual began receiving gender reassignment services prior to 
 25.1   July 1, 1995.  
 25.2      (c) In order to contain costs, the commissioner of human 
 25.3   services shall select vendors of medical care who can provide 
 25.4   the most economical care consistent with high medical standards 
 25.5   and shall where possible contract with organizations on a 
 25.6   prepaid capitation basis to provide these services.  The 
 25.7   commissioner shall consider proposals by counties and vendors 
 25.8   for prepaid health plans, competitive bidding programs, block 
 25.9   grants, or other vendor payment mechanisms designed to provide 
 25.10  services in an economical manner or to control utilization, with 
 25.11  safeguards to ensure that necessary services are provided.  
 25.12  Before implementing prepaid programs in counties with a county 
 25.13  operated or affiliated public teaching hospital or a hospital or 
 25.14  clinic operated by the University of Minnesota, the commissioner 
 25.15  shall consider the risks the prepaid program creates for the 
 25.16  hospital and allow the county or hospital the opportunity to 
 25.17  participate in the program in a manner that reflects the risk of 
 25.18  adverse selection and the nature of the patients served by the 
 25.19  hospital, provided the terms of participation in the program are 
 25.20  competitive with the terms of other participants considering the 
 25.21  nature of the population served.  Payment for services provided 
 25.22  pursuant to this subdivision shall be as provided to medical 
 25.23  assistance vendors of these services under sections 256B.02, 
 25.24  subdivision 8, and 256B.0625.  For payments made during fiscal 
 25.25  year 1990 and later years, the commissioner shall consult with 
 25.26  an independent actuary in establishing prepayment rates, but 
 25.27  shall retain final control over the rate methodology.  
 25.28     (d) Recipients eligible under subdivision 3, paragraph (a), 
 25.29  clause (2), item (i), shall pay the following co-payments for 
 25.30  services provided on or after October 1, 2003: 
 25.31     (1) $3 per nonpreventive visit.  For purposes of this 
 25.32  subdivision, a visit means an episode of service which is 
 25.33  required because of a recipient's symptoms, diagnosis, or 
 25.34  established illness, and which is delivered in an ambulatory 
 25.35  setting by a physician or physician ancillary, chiropractor, 
 25.36  podiatrist, nurse midwife, mental health professional, advanced 
 26.1   practice nurse, physical therapist, occupational therapist, 
 26.2   speech therapist, audiologist, optician, or optometrist; 
 26.3      (2) $25 for eyeglasses; 
 26.4      (3) $25 for nonemergency visits to a hospital-based 
 26.5   emergency room; 
 26.6      (4) $3 per brand-name drug prescription and $1 per generic 
 26.7   drug prescription, subject to a $20 per month maximum for 
 26.8   prescription drug co-payments.  No co-payments shall apply to 
 26.9   antipsychotic drugs when used for the treatment of mental 
 26.10  illness; and 
 26.11     (5) 50 percent coinsurance on basic restorative dental 
 26.12  services. 
 26.13     (e) Recipients of general assistance medical care are 
 26.14  responsible for all co-payments in this subdivision.  The 
 26.15  general assistance medical care reimbursement to the provider 
 26.16  shall be reduced by the amount of the co-payment, except that 
 26.17  reimbursement for prescription drugs shall not be reduced once a 
 26.18  recipient has reached the $20 per month maximum for prescription 
 26.19  drug co-payments.  The provider collects the co-payment from the 
 26.20  recipient.  Providers may not deny services to recipients who 
 26.21  are unable to pay the co-payment, except as provided in 
 26.22  paragraph (f). 
 26.23     (f) If it is the routine business practice of a provider to 
 26.24  refuse service to an individual with uncollected debt, the 
 26.25  provider may include uncollected co-payments under this 
 26.26  section.  A provider must give advance notice to a recipient 
 26.27  with uncollected debt before services can be denied. 
 26.28     (g) Any county may, from its own resources, provide medical 
 26.29  payments for which state payments are not made. 
 26.30     (h) Chemical dependency services that are reimbursed under 
 26.31  chapter 254B must not be reimbursed under general assistance 
 26.32  medical care. 
 26.33     (i) The maximum payment for new vendors enrolled in the 
 26.34  general assistance medical care program after the base year 
 26.35  shall be determined from the average usual and customary charge 
 26.36  of the same vendor type enrolled in the base year. 
 27.1      (j) The conditions of payment for services under this 
 27.2   subdivision are the same as the conditions specified in rules 
 27.3   adopted under chapter 256B governing the medical assistance 
 27.4   program, unless otherwise provided by statute or rule. 
 27.5      (k) Inpatient and outpatient payments shall be reduced by 
 27.6   five percent, effective July 1, 2003.  This reduction is in 
 27.7   addition to the five percent reduction effective July 1, 2003, 
 27.8   and incorporated by reference in paragraph (i).  
 27.9      (l) Payments for all other health services except 
 27.10  inpatient, outpatient, and pharmacy services shall be reduced by 
 27.11  five percent, effective July 1, 2003.  
 27.12     (m) Payments to managed care plans shall be reduced by five 
 27.13  percent for services provided on or after October 1, 2003. 
 27.14     (n) A hospital receiving a reduced payment as a result of 
 27.15  this section may apply the unpaid balance toward satisfaction of 
 27.16  the hospital's bad debts. 
 27.17     Sec. 31.  [CORR03-15] Minnesota Statutes 2002, section 
 27.18  297F.08, subdivision 12, as added by Laws 2003, chapter 127, 
 27.19  article 14, section 7, is amended to read: 
 27.20     Subd. 12.  [CIGARETTES IN INTERSTATE COMMERCE.] (a) A 
 27.21  person may not transport or cause to be transported from this 
 27.22  state cigarettes for sale in another state without first 
 27.23  affixing to the cigarettes the stamp required by the state in 
 27.24  which the cigarettes are to be sold or paying any other excise 
 27.25  tax on the cigarettes imposed by the state in which the 
 27.26  cigarettes are to be sold. 
 27.27     (b) A person may not affix to cigarettes the stamp required 
 27.28  by another state or pay any other excise tax on the cigarettes 
 27.29  imposed by another state if the other state prohibits stamps 
 27.30  from being affixed to the cigarettes, prohibits the payment of 
 27.31  any other excise tax on the cigarettes, or prohibits the sale of 
 27.32  the cigarettes. 
 27.33     (c) Not later than 15 days after the end of each calendar 
 27.34  quarter, a person who transports or causes to be transported 
 27.35  from this state cigarettes for sale in another state shall 
 27.36  submit to the commissioner a report identifying the quantity and 
 28.1   style of each brand of the cigarettes transported or caused to 
 28.2   be transported in the preceding calendar quarter, and the name 
 28.3   and address of each recipient of the cigarettes. 
 28.4      (d) For purposes of this section, "person" has the meaning 
 28.5   given in section 297F.01, subdivision 12.  Person does not 
 28.6   include any common or contract carrier, or public warehouse that 
 28.7   is not owned, in whole or in part, directly or indirectly by 
 28.8   such person, and does not include a manufacturer that has 
 28.9   entered into the Master Settlement Agreement with other states. 
 28.10     Sec. 32.  [EFFECTIVE DATE.] 
 28.11     Unless otherwise provided, each section of this act takes 
 28.12  effect at the time the provision being corrected takes effect.