1st Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to state government; appropriating money for 1.3 prekindergarten through grade 12 education, including 1.4 general education, education excellence, special 1.5 programs, and facilities and technology; early 1.6 childhood and family education, including prevention 1.7 and self-sufficiency and lifelong learning; and health 1.8 and human services; setting priorities for use of 1.9 additional revenues; amending Minnesota Statutes 2003 1.10 Supplement, sections 16A.152, subdivision 2; 123B.54; 1.11 Laws 2003, First Special Session chapter 9, article 1, 1.12 section 53, subdivisions 2, 3, 5, 6, 11, 12; Laws 1.13 2003, First Special Session chapter 9, article 2, 1.14 section 55, subdivisions 2, 3, 4, 5, 7, 9, 12; Laws 1.15 2003, First Special Session chapter 9, article 3, 1.16 section 20, subdivisions 4, 5, 6, 7, 8, 9; Laws 2003, 1.17 First Special Session chapter 9, article 4, section 1.18 31, subdivisions 2, 3; Laws 2003, First Special 1.19 Session chapter 9, article 5, section 35, subdivisions 1.20 2, 3; Laws 2003, First Special Session chapter 9, 1.21 article 7, section 11, subdivision 3; Laws 2003, First 1.22 Special Session chapter 9, article 8, section 7, 1.23 subdivisions 2, 5; Laws 2003, First Special Session 1.24 chapter 9, article 9, section 9, subdivision 2; Laws 1.25 2003, First Special Session chapter 14, article 13C, 1.26 sections 1; 2, subdivisions 1, 3, 6, 7, 9, 11; 10, 1.27 subdivisions 1, 2. 1.28 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.29 ARTICLE 1 1.30 PREKINDERGARTEN THROUGH GRADE 12 EDUCATION 1.31 A. GENERAL EDUCATION 1.32 Section 1. Laws 2003, First Special Session chapter 9, 1.33 article 1, section 53, subdivision 2, is amended to read: 1.34 Subd. 2. [GENERAL EDUCATION AID.] For general education 1.35 aid under Minnesota Statutes, section 126C.13, subdivision 4: 1.36$4,764,384,000$4,726,466,000 ..... 2004 2.1$5,090,303,000$5,026,983,000 ..... 2005 2.2 The 2004 appropriation includes$857,432,000$860,552,000 2.3 for 2003 and$3,906,952,000$3,865,914,000 for 2004. 2.4 The 2005 appropriation includes 2.5$1,009,856,000$1,009,822,000 for 2004 2.6 and$4,080,447,000$4,017,161,000 for 2005. 2.7 Sec. 2. Laws 2003, First Special Session chapter 9, 2.8 article 1, section 53, subdivision 3, is amended to read: 2.9 Subd. 3. [REFERENDUM TAX BASE REPLACEMENT AID.] For 2.10 referendum tax base replacement aid under Minnesota Statutes, 2.11 section 126C.17, subdivision 7a: 2.12$ 7,841,000$8,096,000 ..... 2004 2.13$ 8,543,000$8,596,000 ..... 2005 2.14 The 2004 appropriation includes $1,419,000 for 2003 and 2.15$6,422,000$6,677,000 for 2004. 2.16 The 2005 appropriation includes$1,605,000$1,669,000 for 2.17 2004 and$6,938,000$6,927,000 for 2005. 2.18 Sec. 3. Laws 2003, First Special Session chapter 9, 2.19 article 1, section 53, subdivision 5, is amended to read: 2.20 Subd. 5. [ABATEMENT REVENUE.] For abatement aid under 2.21 Minnesota Statutes, section 127A.49: 2.22$2,680,000$2,436,000 ..... 2004 2.23$2,937,000$1,559,000 ..... 2005 2.24 The 2004 appropriation includes $472,000 for 2003 and 2.25$2,208,000$1,964,000 for 2004. 2.26 The 2005 appropriation includes$551,000$491,000 for 2004 2.27 and$2,386,000$1,068,000 for 2005. 2.28 Sec. 4. Laws 2003, First Special Session chapter 9, 2.29 article 1, section 53, subdivision 6, is amended to read: 2.30 Subd. 6. [CONSOLIDATION TRANSITION.] For districts 2.31 consolidating under Minnesota Statutes, section 123A.485: 2.32$207,000$ 35,000 ..... 2004 2.33$607,000$145,000 ..... 2005 2.34 The 2004 appropriation includes $35,000 for 2003 and 2.35$172,000$0 for 2004. 2.36 The 2005 appropriation includes$42,000$0 for 2004 and 3.1$565,000$145,000 for 2005. 3.2 Sec. 5. Laws 2003, First Special Session chapter 9, 3.3 article 1, section 53, subdivision 11, is amended to read: 3.4 Subd. 11. [NONPUBLIC PUPIL AID.] For nonpublic pupil 3.5 education aid under Minnesota Statutes, sections 123B.40 to 3.6 123B.43 and 123B.87: 3.7$14,626,000$14,411,000 ..... 2004 3.8$15,594,000$15,072,000 ..... 2005 3.9 The 2004 appropriation includes $2,715,000 for 2003 and 3.10$11,911,000$11,696,000 for 2004. 3.11 The 2005 appropriation includes$2,977,000$2,923,000 for 3.12 2004 and$12,617,000$12,149,000 for 2005. 3.13 Sec. 6. Laws 2003, First Special Session chapter 9, 3.14 article 1, section 53, subdivision 12, is amended to read: 3.15 Subd. 12. [NONPUBLIC PUPIL TRANSPORTATION.] For nonpublic 3.16 pupil transportation aid under Minnesota Statutes, section 3.17 123B.92, subdivision 9: 3.18$21,477,000$20,471,000 ..... 2004 3.19$21,982,000$21,421,000 ..... 2005 3.20 The 2004 appropriation includes $3,990,000 for 2003 and 3.21$17,487,000$16,481,000 for 2004. 3.22 The 2005 appropriation includes$4,371,000$4,120,000 for 3.23 2004 and$17,611,000$17,301,000 for 2005. 3.24 B. EDUCATION EXCELLENCE 3.25 Sec. 7. Laws 2003, First Special Session chapter 9, 3.26 article 2, section 55, subdivision 2, is amended to read: 3.27 Subd. 2. [CHARTER SCHOOL BUILDING LEASE AID.] For building 3.28 lease aid under Minnesota Statutes, section 124D.11, subdivision 3.29 4: 3.30$17,140,000$16,753,000 ..... 2004 3.31$21,018,000$21,347,000 ..... 2005 3.32 The 2004 appropriation includes $2,524,000 for 2003 and 3.33$14,616,000$14,229,000 for 2004. 3.34 The 2005 appropriation includes$3,654,000$3,557,000 for 3.35 2004 and$17,364,000$17,790,000 for 2005. 3.36 Sec. 8. Laws 2003, First Special Session chapter 9, 4.1 article 2, section 55, subdivision 3, is amended to read: 4.2 Subd. 3. [CHARTER SCHOOL STARTUP AID.] For charter school 4.3 startup cost aid under Minnesota Statutes, section 124D.11: 4.4$824,000$844,000 ..... 2004 4.5$151,000$156,000 ..... 2005 4.6 The 2004 appropriation includes $220,000 for 2003 and 4.7$604,000$624,000 for 2004. 4.8 The 2005 appropriation includes$151,000$156,000 for 2004 4.9 and $0 for 2005. 4.10 Sec. 9. Laws 2003, First Special Session chapter 9, 4.11 article 2, section 55, subdivision 4, is amended to read: 4.12 Subd. 4. [CHARTER SCHOOL INTEGRATION GRANTS.] For grants 4.13 to charter schools to promote integration and desegregation 4.14 under Minnesota Statutes, section 124D.11, subdivision 6, 4.15 paragraph (e): 4.16$8,000$7,000 ..... 2004 4.17 This appropriation includes$8,000$7,000 for 2003 and $0 4.18 for 2004. 4.19 Sec. 10. Laws 2003, First Special Session chapter 9, 4.20 article 2, section 55, subdivision 5, is amended to read: 4.21 Subd. 5. [INTEGRATION AID.] For integration aid under 4.22 Minnesota Statutes, section 124D.86, subdivision 5: 4.23$56,869,000$55,911,000 ..... 2004 4.24$56,092,000$55,893,000 ..... 2005 4.25 The 2004 appropriation includes $8,428,000 for 2003 and 4.26$48,441,000$47,483,000 for 2004. 4.27 The 2005 appropriation includes$12,110,000$11,870,000 for 4.28 2004 and$43,982,000$44,023,000 for 2005. 4.29 Sec. 11. Laws 2003, First Special Session chapter 9, 4.30 article 2, section 55, subdivision 7, is amended to read: 4.31 Subd. 7. [MAGNET SCHOOL STARTUP AID.] For magnet school 4.32 startup aid under Minnesota Statutes, section 124D.88: 4.33 $ 37,000 ..... 2004 4.34$454,000$ 40,000 ..... 2005 4.35 The 2004 appropriation includes $37,000 for 2003 and $0 for 4.36 2004. 5.1 The 2005 appropriation includes $0 for 2004 and$437,0005.2 $40,000 for 2005. 5.3 Sec. 12. Laws 2003, First Special Session chapter 9, 5.4 article 2, section 55, subdivision 9, is amended to read: 5.5 Subd. 9. [SUCCESS FOR THE FUTURE.] For American Indian 5.6 success for the future grants under Minnesota Statutes, section 5.7 124D.81: 5.8$2,073,000$2,061,000 ..... 2004 5.9 $2,137,000 ..... 2005 5.10 The 2004 appropriation includes$363,000$351,000 for 2003 5.11 and $1,710,000 for 2004. 5.12 The 2005 appropriation includes $427,000 for 2004 and 5.13 $1,710,000 for 2005. 5.14 Sec. 13. Laws 2003, First Special Session chapter 9, 5.15 article 2, section 55, subdivision 12, is amended to read: 5.16 Subd. 12. [TRIBAL CONTRACT SCHOOLS.] For tribal contract 5.17 school aid under Minnesota Statutes, section 124D.83: 5.18$2,135,000$1,617,000 ..... 2004 5.19$2,336,000$2,185,000 ..... 2005 5.20 The 2004 appropriation includes $285,000 for 2003 and 5.21$1,850,000$1,332,000 for 2004. 5.22 The 2005 appropriation includes$462,000$333,000 for 2004 5.23 and$1,874,000$1,852,000 for 2005. 5.24 C. SPECIAL PROGRAMS 5.25 Sec. 14. Laws 2003, First Special Session chapter 9, 5.26 article 3, section 20, subdivision 4, is amended to read: 5.27 Subd. 4. [AID FOR CHILDREN WITH DISABILITIES.] For aid 5.28 under Minnesota Statutes, section 125A.75, subdivision 3, for 5.29 children with disabilities placed in residential facilities 5.30 within the district boundaries for whom no district of residence 5.31 can be determined: 5.32$2,177,000$2,311,000 ..... 2004 5.33$2,244,000$2,550,000 ..... 2005 5.34 If the appropriation for either year is insufficient, the 5.35 appropriation for the other year is available. 5.36 Sec. 15. Laws 2003, First Special Session chapter 9, 6.1 article 3, section 20, subdivision 5, is amended to read: 6.2 Subd. 5. [TRAVEL FOR HOME-BASED SERVICES.] For aid for 6.3 teacher travel for home-based services under Minnesota Statutes, 6.4 section 125A.75, subdivision 1: 6.5$220,000$173,000 ..... 2004 6.6$261,000$178,000 ..... 2005 6.7 The 2004 appropriation includes $34,000 for 2003 and 6.8$186,000$139,000 for 2004. 6.9 The 2005 appropriation includes$46,000$34,000 for 2004 6.10 and$215,000$144,000 for 2005. 6.11 Sec. 16. Laws 2003, First Special Session chapter 9, 6.12 article 3, section 20, subdivision 6, is amended to read: 6.13 Subd. 6. [SPECIAL EDUCATION; EXCESS COSTS.] For excess 6.14 cost aid under Minnesota Statutes, section 125A.79, subdivision 6.15 7: 6.16$92,606,000$92,605,000 ..... 2004 6.17$92,984,000$92,799,000 ..... 2005 6.18 The 2004 appropriation includes $41,754,000 for 2003 and 6.19$50,852,000$50,851,000 for 2004. 6.20 The 2005 appropriation includes$41,215,000$41,216,000 for 6.21 2004 and$51,769,000$51,583,000 for 2005. 6.22 Sec. 17. Laws 2003, First Special Session chapter 9, 6.23 article 3, section 20, subdivision 7, is amended to read: 6.24 Subd. 7. [LITIGATION COSTS FOR SPECIAL EDUCATION.] For 6.25 paying the costs a district incurs under Minnesota Statutes, 6.26 section 125A.75, subdivision 8: 6.27$346,000$201,000 ..... 2004 6.28$ 17,000$150,000 ..... 2005 6.29 Sec. 18. Laws 2003, First Special Session chapter 9, 6.30 article 3, section 20, subdivision 8, is amended to read: 6.31 Subd. 8. [TRANSITION FOR DISABLED STUDENTS.] For aid for 6.32 transition programs for children with disabilities under 6.33 Minnesota Statutes, section 124D.454: 6.34$8,625,000$8,570,000 ..... 2004 6.35$8,867,000$8,760,000 ..... 2005 6.36 The 2004 appropriation includes $1,516,000 for 2003 and 7.1$7,109,000$7,054,000 for 2004. 7.2 The 2005 appropriation includes$1,777,000$1,763,000 for 7.3 2004 and$7,090,000$6,997,000 for 2005. 7.4 Sec. 19. Laws 2003, First Special Session chapter 9, 7.5 article 3, section 20, subdivision 9, is amended to read: 7.6 Subd. 9. [COURT-PLACED SPECIAL EDUCATION REVENUE.] For 7.7 reimbursing serving school districts for unreimbursed eligible 7.8 expenditures attributable to children placed in the serving 7.9 school district by court action under Minnesota Statutes, 7.10 section 125A.79, subdivision 4: 7.11$152,000$36,000 ..... 2004 7.12$160,000$61,000 ..... 2005 7.13 D. FACILITIES AND TECHNOLOGY 7.14 Sec. 20. Minnesota Statutes 2003 Supplement, section 7.15 123B.54, is amended to read: 7.16 123B.54 [DEBT SERVICE APPROPRIATION.] 7.17 (a)$25,987,000$28,367,000 in fiscal year2002,7.18$29,941,0002006 and $25,560,000 in fiscal year2003,7.19$40,075,000 in fiscal year 2004, and $39,774,000 in fiscal years7.2020052007 and later are appropriated from the general fund to 7.21 the commissioner of education for payment of debt service 7.22 equalization aid under section 123B.53. 7.23 (b) The appropriations in paragraph (a) must be reduced by 7.24 the amount of any money specifically appropriated for the same 7.25 purpose in any year from any state fund. 7.26 Sec. 21. Laws 2003, First Special Session chapter 9, 7.27 article 4, section 31, subdivision 2, is amended to read: 7.28 Subd. 2. [HEALTH AND SAFETY REVENUE.] For health and 7.29 safety aid according to Minnesota Statutes, section 123B.57, 7.30 subdivision 5: 7.31$7,839,000$5,356,000 ..... 2004 7.32$6,068,000$1,920,000 ..... 2005 7.33 The 2004 appropriation includes $1,516,000 for 2003 and 7.34$6,323,000$3,840,000 for 2004. 7.35 The 2005 appropriation includes$1,580,000$960,000 for 7.36 2004 and$4,488,000$960,000 for 2005. 8.1 Sec. 22. Laws 2003, First Special Session chapter 9, 8.2 article 4, section 31, subdivision 3, is amended to read: 8.3 Subd. 3. [DEBT SERVICE EQUALIZATION.] For debt service aid 8.4 according to Minnesota Statutes, section 123B.53, subdivision 6: 8.5$34,500,000$35,598,000 ..... 2004 8.6$37,575,000$31,220,000 ..... 2005 8.7 The 2004 appropriation includes $5,586,000 for 2003 and 8.8$28,914,000$30,012,000 for 2004. 8.9 The 2005 appropriation includes$7,228,000$7,503,000 for 8.10 2004 and$30,347,000$23,717,000 for 2005. 8.11 E. NUTRITION, SCHOOL ACCOUNTING, OTHER PROGRAMS 8.12 Sec. 23. Laws 2003, First Special Session chapter 9, 8.13 article 5, section 35, subdivision 2, is amended to read: 8.14 Subd. 2. [SCHOOL LUNCH.](a)For school lunch aid 8.15 according to Minnesota Statutes, section 124D.111, and Code of 8.16 Federal Regulations, title 7, section 210.17: 8.17$7,800,000$7,650,000 ..... 2004 8.18$7,950,000$7,760,000 ..... 2005 8.19 Sec. 24. Laws 2003, First Special Session chapter 9, 8.20 article 5, section 35, subdivision 3, is amended to read: 8.21 Subd. 3. [TRADITIONAL SCHOOL BREAKFAST; KINDERGARTEN 8.22 MILK.] For traditional school breakfast aid and kindergarten 8.23 milk under Minnesota Statutes, sections 124D.1158 and 124D.118: 8.24$3,088,000$4,382,000 ..... 2004 8.25$3,217,000$4,460,000 ..... 2005 8.26 F. EARLY CHILDHOOD FAMILY SUPPORT 8.27 Sec. 25. Laws 2003, First Special Session chapter 9, 8.28 article 7, section 11, subdivision 3, is amended to read: 8.29 Subd. 3. [EARLY CHILDHOOD FAMILY EDUCATION AID.] For early 8.30 childhood family education aid under Minnesota Statutes, section 8.31 124D.135: 8.32$19,675,000$19,079,000 ..... 2004 8.33$15,129,000$14,407,000 ..... 2005 8.34 The 2004 appropriation includes $3,239,000 for 2003 and 8.35$16,436,000$15,840,000 for 2004. 8.36 The 2005 appropriation includes$4,109,000$3,959,000 for 9.1 2004 and$11,020,000$10,448,000 for 2005. 9.2 G. PREVENTION 9.3 Sec. 26. Laws 2003, First Special Session chapter 9, 9.4 article 8, section 7, subdivision 2, is amended to read: 9.5 Subd. 2. [COMMUNITY EDUCATION AID.] For community 9.6 education aid under Minnesota Statutes, section 124D.20: 9.7$5,495,000$5,351,000 ..... 2004 9.8$3,406,000$3,137,000 ..... 2005 9.9 The 2004 appropriation includes $956,000 for 2003 and 9.10$4,539,000$4,395,000 for 2004. 9.11 The 2005 appropriation includes$1,134,000$1,098,000 for 9.12 2004 and$2,272,000$2,039,000 for 2005. 9.13 Sec. 27. Laws 2003, First Special Session chapter 9, 9.14 article 8, section 7, subdivision 5, is amended to read: 9.15 Subd. 5. [SCHOOL-AGE CARE REVENUE.] For extended day care 9.16 aid under Minnesota Statutes, section 124D.22: 9.17$41,000$40,000 ..... 2004 9.18$22,000$24,000 ..... 2005 9.19 The 2004 appropriation includes $14,000 for 2003 and 9.20$27,000$26,000 for 2004. 9.21 The 2005 appropriation includes $6,000 for 2004 and$16,0009.22 $18,000 for 2005. 9.23 H. SELF-SUFFICIENCY AND LIFELONG LEARNING 9.24 Sec. 28. Laws 2003, First Special Session chapter 9, 9.25 article 9, section 9, subdivision 2, is amended to read: 9.26 Subd. 2. [ADULT BASIC EDUCATION AID.] For adult basic 9.27 education aid under Minnesota Statutes, section 124D.52, in 9.28 fiscal year 2004 and Minnesota Statutes, section 124D.531, in 9.29 fiscal year 2005: 9.30$33,153,000$33,014,000 ..... 2004 9.31$35,823,000$35,808,000 ..... 2005 9.32 The 2004 appropriation includes$5,905,000$5,827,000 for 9.33 2003 and$27,248,000$27,187,000 for 2004. 9.34 The 2005 appropriation includes$6,811,000$6,796,000 for 9.35 2004 and $29,012,000 for 2005. 9.36 Sec. 29. [EFFECTIVE DATE.] 10.1 Sections 1 to 28 are effective the day following final 10.2 enactment. 10.3 ARTICLE 2 10.4 A. HEALTH AND HUMAN SERVICES FORECAST ADJUSTMENTS 10.5 Section 1. Laws 2003, First Special Session chapter 14, 10.6 article 13C, section 1, is amended to read: 10.7 Section 1. [HEALTH AND HUMAN SERVICESAPPROPRIATIONSFORECAST 10.8 ADJUSTMENTS.] 10.9 The sums shown in the columns marked "APPROPRIATIONS" are 10.10 appropriated from the general fund, or any other fund named, to 10.11 the agencies and for the purposes specified in the sections of 10.12 this article, to be available for the fiscal years indicated for 10.13 each purpose. The figures "2004" and "2005" where used in this 10.14 article, mean that the appropriation or appropriations listed 10.15 under them are available for the fiscal year ending June 30, 10.16 2004, or June 30, 2005, respectively. Where a dollar amount 10.17 appears in parentheses, it means a reduction of an appropriation. 10.18 SUMMARY BY FUND 10.19 BIENNIAL 10.20 2004 2005 TOTAL 10.21 General$3,765,212,000$3,727,319,000$7,492,531,00010.22 $3,500,860,000 $3,746,520,000 $7,247,380,000 10.23 State Government 10.24 Special Revenue 45,337,000 45,104,000 90,441,000 10.25 Health Care 10.26 Access294,090,000308,525,000602,615,00010.27 280,060,000 308,609,000 588,669,000 10.28 Federal TANF261,552,000270,364,000531,916,00010.29 276,425,000 276,363,000 552,788,000 10.30 Lottery Prize 10.31 Fund 1,556,000 1,556,000 3,112,000 10.32 Special Revenue 3,340,000 3,340,000 6,680,000 10.33 TOTAL$4,371,087,000$4,356,208,000$8,727,295,00010.34 $4,107,578,000 $4,381,492,000 $8,489,070,000 10.35 APPROPRIATIONS 10.36 Available for the Year 10.37 Ending June 30 10.38 2004 2005 10.39 Sec. 2. Laws 2003, First Special Session chapter 14, 10.40 article 13C, section 2, subdivision 1, is amended to read: 11.1 Subdivision 1. Total 11.2 Appropriation$4,111,558,000$4,110,496,00011.3 $3,848,049,000 $4,135,780,000 11.4 Summary by Fund 11.5 General3,566,163,0003,541,854,00011.6 3,301,811,000 3,561,055,000 11.7 State Government 11.8 Special Revenue 534,000 534,000 11.9 Health Care 11.10 Access287,753,000302,188,00011.11 273,723,000 302,272,000 11.12 Federal TANF255,552,000264,364,00011.13 270,425,000 270,363,000 11.14 Lottery Cash 11.15 Flow 1,556,000 1,556,000 11.16 [FEDERAL CONTINGENCY APPROPRIATION.] 11.17 (a)Any additionalFederal Medicaid 11.18 funds made available under title IV of 11.19 the federal Jobs and Growth Tax Relief 11.20 Reconciliation Act of 2003 are 11.21 appropriated to the commissioner of 11.22 human services for use in the state's 11.23 medical assistance and MinnesotaCare 11.24 programs. The commissioners of human 11.25 services and finance shall report to 11.26 the legislative advisory committee on 11.27 the additional federal Medicaid 11.28 matching funds that will be available 11.29 to the state. 11.30 (b)Contingent uponBecause of the 11.31 availability of these funds, the 11.32 following policies shall become 11.33 effectiveand necessary funds are11.34appropriated for those purposes: 11.35 (1) medical assistance and 11.36 MinnesotaCare eligibility and local 11.37 financial participation changes 11.38 provided for in this act may be 11.39 implemented prior to September 2, 2003, 11.40 or may be delayed as necessary to 11.41 maximize the use of federal funds 11.42 received under title IV of the Jobs and 11.43 Growth Tax Relief Reconciliation Act of 11.44 2003; 11.45 (2) the aggregate cap on the services 11.46 identified in Minnesota Statutes, 11.47 section 256L.035, paragraph (a), clause 11.48 (3), shall be increased from $2,000 to 11.49 $5,000. This increase shall expire at 11.50 the end of fiscal year 2007. Funds may 11.51 be transferred from the general fund to 11.52 the health care access fund as 11.53 necessary to implement this provision; 11.54 and 11.55 (3) the following payment shifts shall 11.56 not be implemented: 12.1 (i) MFIP payment shift found in 12.2 subdivision 11; 12.3 (ii) the county payment shift found in 12.4 subdivision 1; and 12.5 (iii) the delay in medical assistance 12.6 and general assistance medical care 12.7 fee-for-service payments found in 12.8 subdivision 6. 12.9 (c) Notwithstanding section 14, 12.10 paragraphs (a) and (b) shall expire 12.11 June 30, 2007. 12.12 [RECEIPTS FOR SYSTEMS PROJECTS.] 12.13 Appropriations and federal receipts for 12.14 information system projects for MAXIS, 12.15 PRISM, MMIS, and SSIS must be deposited 12.16 in the state system account authorized 12.17 in Minnesota Statutes, section 12.18 256.014. Money appropriated for 12.19 computer projects approved by the 12.20 Minnesota office of technology, funded 12.21 by the legislature, and approved by the 12.22 commissioner of finance may be 12.23 transferred from one project to another 12.24 and from development to operations as 12.25 the commissioner of human services 12.26 considers necessary. Any unexpended 12.27 balance in the appropriation for these 12.28 projects does not cancel but is 12.29 available for ongoing development and 12.30 operations. 12.31 [GIFTS.] Notwithstanding Minnesota 12.32 Statutes, chapter 7, the commissioner 12.33 may accept on behalf of the state 12.34 additional funding from sources other 12.35 than state funds for the purpose of 12.36 financing the cost of assistance 12.37 program grants or nongrant 12.38 administration. All additional funding 12.39 is appropriated to the commissioner for 12.40 use as designated by the grantor of 12.41 funding. 12.42 [SYSTEMS CONTINUITY.] In the event of 12.43 disruption of technical systems or 12.44 computer operations, the commissioner 12.45 may use available grant appropriations 12.46 to ensure continuity of payments for 12.47 maintaining the health, safety, and 12.48 well-being of clients served by 12.49 programs administered by the department 12.50 of human services. Grant funds must be 12.51 used in a manner consistent with the 12.52 original intent of the appropriation. 12.53 [NONFEDERAL SHARE TRANSFERS.] The 12.54 nonfederal share of activities for 12.55 which federal administrative 12.56 reimbursement is appropriated to the 12.57 commissioner may be transferred to the 12.58 special revenue fund. 12.59 [TANF FUNDS APPROPRIATED TO OTHER 12.60 ENTITIES.] Any expenditures from the 12.61 TANF block grant shall be expended in 12.62 accordance with the requirements and 12.63 limitations of part A of title IV of 13.1 the Social Security Act, as amended, 13.2 and any other applicable federal 13.3 requirement or limitation. Prior to 13.4 any expenditure of these funds, the 13.5 commissioner shall assure that funds 13.6 are expended in compliance with the 13.7 requirements and limitations of federal 13.8 law and that any reporting requirements 13.9 of federal law are met. It shall be 13.10 the responsibility of any entity to 13.11 which these funds are appropriated to 13.12 implement a memorandum of understanding 13.13 with the commissioner that provides the 13.14 necessary assurance of compliance prior 13.15 to any expenditure of funds. The 13.16 commissioner shall receipt TANF funds 13.17 appropriated to other state agencies 13.18 and coordinate all related interagency 13.19 accounting transactions necessary to 13.20 implement these appropriations. 13.21 Unexpended TANF funds appropriated to 13.22 any state, local, or nonprofit entity 13.23 cancel at the end of the state fiscal 13.24 year unless appropriating language 13.25 permits otherwise. 13.26 [TANF FUNDS TRANSFERRED TO OTHER 13.27 FEDERAL GRANTS.] The commissioner must 13.28 authorize transfers from TANF to other 13.29 federal block grants so that funds are 13.30 available to meet the annual 13.31 expenditure needs as appropriated. 13.32 Transfers may be authorized prior to 13.33 the expenditure year with the agreement 13.34 of the receiving entity. Transferred 13.35 funds must be expended in the year for 13.36 which the funds were appropriated 13.37 unless appropriation language permits 13.38 otherwise. In accelerating transfer 13.39 authorizations, the commissioner must 13.40 aim to preserve the future potential 13.41 transfer capacity from TANF to other 13.42 block grants. 13.43 [TANF MAINTENANCE OF EFFORT.] (a) In 13.44 order to meet the basic maintenance of 13.45 effort (MOE) requirements of the TANF 13.46 block grant specified under Code of 13.47 Federal Regulations, title 45, section 13.48 263.1, the commissioner may only report 13.49 nonfederal money expended for allowable 13.50 activities listed in the following 13.51 clauses as TANF/MOE expenditures: 13.52 (1) MFIP cash, diversionary work 13.53 program, and food assistance benefits 13.54 under Minnesota Statutes, chapter 256J; 13.55 (2) the child care assistance programs 13.56 under Minnesota Statutes, sections 13.57 119B.03 and 119B.05, and county child 13.58 care administrative costs under 13.59 Minnesota Statutes, section 119B.15; 13.60 (3) state and county MFIP 13.61 administrative costs under Minnesota 13.62 Statutes, chapters 256J and 256K; 13.63 (4) state, county, and tribal MFIP 13.64 employment services under Minnesota 13.65 Statutes, chapters 256J and 256K; 14.1 (5) expenditures made on behalf of 14.2 noncitizen MFIP recipients who qualify 14.3 for the medical assistance without 14.4 federal financial participation program 14.5 under Minnesota Statutes, section 14.6 256B.06, subdivision 4, paragraphs (d), 14.7 (e), and (j); and 14.8 (6) qualifying working family credit 14.9 expenditures under Minnesota Statutes, 14.10 section 290.0671. 14.11 (b) The commissioner shall ensure that 14.12 sufficient qualified nonfederal 14.13 expenditures are made each year to meet 14.14 the state's TANF/MOE requirements. For 14.15 the activities listed in paragraph (a), 14.16 clauses (2) to (6), the commissioner 14.17 may only report expenditures that are 14.18 excluded from the definition of 14.19 assistance under Code of Federal 14.20 Regulations, title 45, section 260.31. 14.21 (c) By August 31 of each year, the 14.22 commissioner shall make a preliminary 14.23 calculation to determine the likelihood 14.24 that the state will meet its annual 14.25 federal work participation requirement 14.26 under Code of Federal Regulations, 14.27 title 45, sections 261.21 and 261.23, 14.28 after adjustment for any caseload 14.29 reduction credit under Code of Federal 14.30 Regulations, title 45, section 261.41. 14.31 If the commissioner determines that the 14.32 state will meet its federal work 14.33 participation rate for the federal 14.34 fiscal year ending that September, the 14.35 commissioner may reduce the expenditure 14.36 under paragraph (a), clause (1), to the 14.37 extent allowed under Code of Federal 14.38 Regulations, title 45, section 14.39 263.1(a)(2). 14.40 (d) For fiscal years beginning with 14.41 state fiscal year 2003, the 14.42 commissioner shall assure that the 14.43 maintenance of effort used by the 14.44 commissioner of finance for the 14.45 February and November forecasts 14.46 required under Minnesota Statutes, 14.47 section 16A.103, contains expenditures 14.48 under paragraph (a), clause (1), equal 14.49 to at least 25 percent of the total 14.50 required under Code of Federal 14.51 Regulations, title 45, section 263.1. 14.52 (e) If nonfederal expenditures for the 14.53 programs and purposes listed in 14.54 paragraph (a) are insufficient to meet 14.55 the state's TANF/MOE requirements, the 14.56 commissioner shall recommend additional 14.57 allowable sources of nonfederal 14.58 expenditures to the legislature, if the 14.59 legislature is or will be in session to 14.60 take action to specify additional 14.61 sources of nonfederal expenditures for 14.62 TANF/MOE before a federal penalty is 14.63 imposed. The commissioner shall 14.64 otherwise provide notice to the 14.65 legislative commission on planning and 14.66 fiscal policy under paragraph (g). 15.1 (f) If the commissioner uses authority 15.2 granted under section 11, or similar 15.3 authority granted by a subsequent 15.4 legislature, to meet the state's 15.5 TANF/MOE requirement in a reporting 15.6 period, the commissioner shall inform 15.7 the chairs of the appropriate 15.8 legislative committees about all 15.9 transfers made under that authority for 15.10 this purpose. 15.11 (g) If the commissioner determines that 15.12 nonfederal expenditures under paragraph 15.13 (a) are insufficient to meet TANF/MOE 15.14 expenditure requirements, and if the 15.15 legislature is not or will not be in 15.16 session to take timely action to avoid 15.17 a federal penalty, the commissioner may 15.18 report nonfederal expenditures from 15.19 other allowable sources as TANF/MOE 15.20 expenditures after the requirements of 15.21 this paragraph are met. The 15.22 commissioner may report nonfederal 15.23 expenditures in addition to those 15.24 specified under paragraph (a) as 15.25 nonfederal TANF/MOE expenditures, but 15.26 only ten days after the commissioner of 15.27 finance has first submitted the 15.28 commissioner's recommendations for 15.29 additional allowable sources of 15.30 nonfederal TANF/MOE expenditures to the 15.31 members of the legislative commission 15.32 on planning and fiscal policy for their 15.33 review. 15.34 (h) The commissioner of finance shall 15.35 not incorporate any changes in federal 15.36 TANF expenditures or nonfederal 15.37 expenditures for TANF/MOE that may 15.38 result from reporting additional 15.39 allowable sources of nonfederal 15.40 TANF/MOE expenditures under the interim 15.41 procedures in paragraph (g) into the 15.42 February or November forecasts required 15.43 under Minnesota Statutes, section 15.44 16A.103, unless the commissioner of 15.45 finance has approved the additional 15.46 sources of expenditures under paragraph 15.47 (g). 15.48 (i) Minnesota Statutes, section 15.49 256.011, subdivision 3, which requires 15.50 that federal grants or aids secured or 15.51 obtained under that subdivision be used 15.52 to reduce any direct appropriations 15.53 provided by law, do not apply if the 15.54 grants or aids are federal TANF funds. 15.55 (j) Notwithstanding section 14, 15.56 paragraph (a), clauses (1) to (6), and 15.57 paragraphs (b) to (j) expire June 30, 15.58 2007. 15.59 [WORKING FAMILY CREDIT EXPENDITURES AS 15.60 TANF MOE.] The commissioner may claim 15.61 as TANF maintenance of effort up to the 15.62 following amounts of working family 15.63 credit expenditures for the following 15.64 fiscal years: 15.65 (1) fiscal year 2004, $7,013,000; 16.1 (2) fiscal year 2005, $25,133,000; 16.2 (3) fiscal year 2006, $6,942,000; and 16.3 (4) fiscal year 2007, $6,707,000. 16.4 [FISCAL YEAR 2003 APPROPRIATIONS 16.5 CARRYFORWARD.] Effective the day 16.6 following final enactment, 16.7 notwithstanding Minnesota Statutes, 16.8 section 16A.28, or any other law to the 16.9 contrary, state agencies and 16.10 constitutional offices may carry 16.11 forward unexpended and unencumbered 16.12 nongrant operating balances from fiscal 16.13 year 2003 general fund appropriations 16.14 into fiscal year 2004 to offset general 16.15 budget reductions. 16.16 [TRANSFER OF GRANT BALANCES.] Effective 16.17 the day following final enactment, the 16.18 commissioner of human services, with 16.19 the approval of the commissioner of 16.20 finance and after notification of the 16.21 chair of the senate health, human 16.22 services and corrections budget 16.23 division and the chair of the house of 16.24 representatives health and human 16.25 services finance committee, may 16.26 transfer unencumbered appropriation 16.27 balances for the biennium ending June 16.28 30, 2003, in fiscal year 2003 among the 16.29 MFIP, MFIP child care assistance under 16.30 Minnesota Statutes, section 119B.05, 16.31 general assistance, general assistance 16.32 medical care, medical assistance, 16.33 Minnesota supplemental aid, and group 16.34 residential housing programs, and the 16.35 entitlement portion of the chemical 16.36 dependency consolidated treatment fund, 16.37 and between fiscal years of the 16.38 biennium. 16.39 [TANF APPROPRIATION CANCELLATION.] 16.40 Notwithstanding the provisions of Laws 16.41 2000, chapter 488, article 1, section 16.42 16, any prior appropriations of TANF 16.43 funds to the department of trade and 16.44 economic development or to the job 16.45 skills partnership board or any 16.46 transfers of TANF funds from another 16.47 agency to the department of trade and 16.48 economic development or to the job 16.49 skills partnership board are not 16.50 available until expended, and if 16.51 unobligated as of June 30, 2003, these 16.52 appropriations or transfers shall 16.53 cancel to the TANF fund. 16.54 [SHIFT COUNTY PAYMENT.] The 16.55 commissioner shall make up to 100 16.56 percent of the calendar year 2005 16.57 payments to counties for developmental 16.58 disabilities semi-independent living 16.59 services grants, developmental 16.60 disabilities family support grants, and 16.61 adult mental health grants from fiscal 16.62 year 2006 appropriations. This is a 16.63 onetime payment shift. Calendar year 16.64 2006 and future payments for these 16.65 grants are not affected by this shift. 17.1 This provision expires June 30, 2006. 17.2 [CAPITATION RATE INCREASE.] Of the 17.3 health care access fund appropriations 17.4 to the University of Minnesota in the 17.5 higher education omnibus appropriation 17.6 bill, $2,157,000 in fiscal year 2004 17.7 and $2,157,000 in fiscal year 2005 are 17.8 to be used to increase the capitation 17.9 payments under Minnesota Statutes, 17.10 section 256B.69. Notwithstanding the 17.11 provisions of section 14, this 17.12 provision shall not expire. 17.13 Sec. 3. Laws 2003, First Special Session chapter 14, 17.14 article 13C, section 2, subdivision 3, is amended to read: 17.15 Subd. 3. Revenue and Pass-Through 17.16 Federal TANF55,855,00053,315,00017.17 56,643,000 57,275,000 17.18 [TANF TRANSFER TO SOCIAL SERVICES BLOCK 17.19 GRANT.] $3,137,000 in fiscal year 2005 17.20 is appropriated to the commissioner for 17.21 the purposes of providing services for 17.22 families with children whose incomes 17.23 are at or below 200 percent of the 17.24 federal poverty guidelines. The 17.25 commissioner shall authorize a 17.26 sufficient transfer of funds from the 17.27 state's federal TANF block grant to the 17.28 state's federal social services block 17.29 grant to meet this appropriation. The 17.30 funds shall be distributed to counties 17.31 for the children and community services 17.32 grant according to the formula for the 17.33 state appropriations in Minnesota 17.34 Statutes, chapter 256M. 17.35 [TANF FUNDS FOR FISCAL YEAR 2006 AND 17.36 FISCAL YEAR 2007 REFINANCING.] 17.37$12,692,000$6,692,000 in fiscal year 17.38 2006 and$9,192,000$3,192,000 in 17.39 fiscal year 2007 in TANF funds are 17.40 available to the commissioner to 17.41 replace general funds in the amount 17.42 of$12,692,000$6,692,000 in fiscal 17.43 year 2006 and$9,192,000$3,192,000 in 17.44 fiscal year 2007 in expenditures that 17.45 may be counted toward TANF maintenance 17.46 of effort requirements or as an 17.47 allowable TANF expenditure. 17.48 [ADJUSTMENTS IN TANF TRANSFER TO CHILD 17.49 CARE AND DEVELOPMENT FUND.] Transfers 17.50 of TANF to the child care development 17.51 fund for the purposes of MFIP child 17.52 care assistance shall be reduced by 17.53 $116,000 in fiscal year 2004 and shall 17.54 be increased by $1,976,000 in fiscal 17.55 year 2005. 17.56 Sec. 4. Laws 2003, First Special Session chapter 14, 17.57 article 13C, section 2, subdivision 6, is amended to read: 17.58 Subd. 6. Basic Health Care Grants 18.1 Summary by Fund 18.2 General1,499,941,0001,533,016,00018.3 1,290,454,000 1,475,996,000 18.4 Health Care Access268,151,000282,605,00018.5 254,121,000 282,689,000 18.6 [UPDATING FEDERAL POVERTY GUIDELINES.] 18.7 Annual updates to the federal poverty 18.8 guidelines are effective each July 1, 18.9 following publication by the United 18.10 States Department of Health and Human 18.11 Services for health care programs under 18.12 Minnesota Statutes, chapters 256, 256B, 18.13 256D, and 256L. 18.14 The amounts that may be spent from this 18.15 appropriation for each purpose are as 18.16 follows: 18.17 (a) MinnesotaCare Grants 18.18 Health Care Access267,401,000281,855,00018.19 253,371,000 281,939,000 18.20 [MINNESOTACARE FEDERAL RECEIPTS.] 18.21 Receipts received as a result of 18.22 federal participation pertaining to 18.23 administrative costs of the Minnesota 18.24 health care reform waiver shall be 18.25 deposited as nondedicated revenue in 18.26 the health care access fund. Receipts 18.27 received as a result of federal 18.28 participation pertaining to grants 18.29 shall be deposited in the federal fund 18.30 and shall offset health care access 18.31 funds for payments to providers. 18.32 [MINNESOTACARE FUNDING.] The 18.33 commissioner may expend money 18.34 appropriated from the health care 18.35 access fund for MinnesotaCare in either 18.36 fiscal year of the biennium. 18.37 (b) MA Basic Health Care Grants - 18.38 Families and Children 18.39 General568,254,000582,161,00018.40 427,769,000 489,545,000 18.41 [SERVICES TO PREGNANT WOMEN.] The 18.42 commissioner shall use available 18.43 federal money for the State-Children's 18.44 Health Insurance Program for medical 18.45 assistance services provided to 18.46 pregnant women who are not otherwise 18.47 eligible for federal financial 18.48 participation beginning in fiscal year 18.49 2003. This federal money shall be 18.50 deposited in the federal fund and shall 18.51 offset general funds for payments to 18.52 providers. Notwithstanding section 14, 18.53 this paragraph shall not expire. 18.54 [MANAGED CARE RATE INCREASE.] (a) 18.55 Effective January 1, 2004, the 19.1 commissioner of human services shall 19.2 increase the total payments to managed 19.3 care plans under Minnesota Statutes, 19.4 section 256B.69, by an amount equal to 19.5 the cost increases to the managed care 19.6 plans from by the elimination of: (1) 19.7 the exemption from the taxes imposed 19.8 under Minnesota Statutes, section 19.9 297I.05, subdivision 5, for premiums 19.10 paid by the state for medical 19.11 assistance, general assistance medical 19.12 care, and the MinnesotaCare program; 19.13 and (2) the exemption of gross revenues 19.14 subject to the taxes imposed under 19.15 Minnesota Statutes, sections 295.50 to 19.16 295.57, for payments paid by the state 19.17 for services provided under medical 19.18 assistance, general assistance medical 19.19 care, and the MinnesotaCare program. 19.20 Any increase based on clause (2) must 19.21 be reflected in provider rates paid by 19.22 the managed care plan unless the 19.23 managed care plan is a staff model 19.24 health plan company. 19.25 (b) The commissioner of human services 19.26 shall increase by two percent the 19.27 fee-for-service payments under medical 19.28 assistance, general assistance medical 19.29 care, and the MinnesotaCare program for 19.30 services subject to the hospital, 19.31 surgical center, or health care 19.32 provider taxes under Minnesota 19.33 Statutes, sections 295.50 to 295.57, 19.34 effective for services rendered on or 19.35 after January 1, 2004. 19.36 (c) The commissioner of finance shall 19.37 transfer from the health care access 19.38 fund to the general fund the following 19.39 amounts in the fiscal years indicated: 19.40 2004, $16,587,000; 2005, $46,322,000; 19.41 2006, $49,413,000; and 2007, 19.42 $52,659,000. 19.43 (d) For fiscal years after 2007, the 19.44 commissioner of finance shall transfer 19.45 from the health care access fund to the 19.46 general fund an amount equal to the 19.47 revenue collected by the commissioner 19.48 of revenue on the following: 19.49 (1) gross revenues received by 19.50 hospitals, surgical centers, and health 19.51 care providers as payments for services 19.52 provided under medical assistance, 19.53 general assistance medical care, and 19.54 the MinnesotaCare program, including 19.55 payments received directly from the 19.56 state or from a prepaid plan, under 19.57 Minnesota Statutes, sections 295.50 to 19.58 295.57; and 19.59 (2) premiums paid by the state under 19.60 medical assistance, general assistance 19.61 medical care, and the MinnesotaCare 19.62 program under Minnesota Statutes, 19.63 section 297I.05, subdivision 5. 19.64 The commissioner of finance shall 19.65 monitor and adjust if necessary the 20.1 amount transferred each fiscal year 20.2 from the health care access fund to the 20.3 general fund to ensure that the amount 20.4 transferred equals the tax revenue 20.5 collected for the items described in 20.6 clauses (1) and (2) for that fiscal 20.7 year. 20.8 (e) Notwithstanding section 14, these 20.9 provisions shall not expire. 20.10 (c) MA Basic Health Care Grants - Elderly 20.11 and Disabled 20.12 General695,421,000741,605,00020.13 610,518,000 743,858,000 20.14 [DELAY MEDICAL ASSISTANCE 20.15 FEE-FOR-SERVICE - ACUTE CARE.] The 20.16 following payments in fiscal year 2005 20.17 from the Medicaid Management 20.18 Information System that would otherwise 20.19 have been made to providers for medical 20.20 assistance and general assistance 20.21 medical care services shall be delayed 20.22 and included in the first payment in 20.23 fiscal year 2006: 20.24 (1) for hospitals, the last two 20.25 payments; and 20.26 (2) for nonhospital providers, the last 20.27 payment. 20.28 This payment delay shall not include 20.29 payments to skilled nursing facilities, 20.30 intermediate care facilities for mental 20.31 retardation, prepaid health plans, home 20.32 health agencies, personal care nursing 20.33 providers, and providers of only waiver 20.34 services. The provisions of Minnesota 20.35 Statutes, section 16A.124, shall not 20.36 apply to these delayed payments. 20.37 Notwithstanding section 14, this 20.38 provision shall not expire. 20.39 [DEAF AND HARD-OF-HEARING SERVICES.] 20.40 If, after making reasonable efforts, 20.41 the service provider for mental health 20.42 services to persons who are deaf or 20.43 hearing impaired is not able to earn 20.44 $227,000 through participation in 20.45 medical assistance intensive 20.46 rehabilitation services in fiscal year 20.47 2005, the commissioner shall transfer 20.48 $227,000 minus medical assistance 20.49 earnings achieved by the grantee to 20.50 deaf and hard-of-hearing grants to 20.51 enable the provider to continue 20.52 providing services to eligible persons. 20.53 (d) General Assistance Medical Care 20.54 Grants 20.55 General223,960,000196,617,00020.56 239,861,000 229,960,000 20.57 (e) Health Care Grants - Other 20.58 Assistance 21.1 General 3,067,000 3,407,000 21.2 Health Care Access 750,000 750,000 21.3 [MINNESOTA PRESCRIPTION DRUG DEDICATED 21.4 FUND.] Of the general fund 21.5 appropriation, $284,000 in fiscal year 21.6 2005 is appropriated to the 21.7 commissioner for the prescription drug 21.8 dedicated fund established under the 21.9 prescription drug discount program. 21.10 [DENTAL ACCESS GRANTS CARRYOVER 21.11 AUTHORITY.] Any unspent portion of the 21.12 appropriation from the health care 21.13 access fund in fiscal years 2002 and 21.14 2003 for dental access grants under 21.15 Minnesota Statutes, section 256B.53, 21.16 shall not cancel but shall be allowed 21.17 to carry forward to be spent in the 21.18 biennium beginning July 1, 2003, for 21.19 these purposes. 21.20 [STOP-LOSS FUND ACCOUNT.] The 21.21 appropriation to the purchasing 21.22 alliance stop-loss fund account 21.23 established under Minnesota Statutes, 21.24 section 256.956, subdivision 2, for 21.25 fiscal years 2004 and 2005 shall only 21.26 be available for claim reimbursements 21.27 for qualifying enrollees who are 21.28 members of purchasing alliances that 21.29 meet the requirements described under 21.30 Minnesota Statutes, section 256.956, 21.31 subdivision 1, paragraph (f), clauses 21.32 (1), (2), and (3). 21.33 (f) Prescription Drug Program 21.34 General 9,239,000 9,226,000 21.35 [PRESCRIPTION DRUG ASSISTANCE PROGRAM.] 21.36 Of the general fund appropriation, 21.37 $702,000 in fiscal year 2004 and 21.38 $887,000 in fiscal year 2005 are for 21.39 the commissioner to establish and 21.40 administer the prescription drug 21.41 assistance program through the 21.42 Minnesota board on aging. 21.43 [REBATE REVENUE RECAPTURE.] Any funds 21.44 received by the state from a drug 21.45 manufacturer due to errors in the 21.46 pharmaceutical pricing used by the 21.47 manufacturer in determining the 21.48 prescription drug rebate are 21.49 appropriated to the commissioner to 21.50 augment funding of the prescription 21.51 drug program established in Minnesota 21.52 Statutes, section 256.955. 21.53 Sec. 5. Laws 2003, First Special Session chapter 14, 21.54 article 13C, section 2, subdivision 7, is amended to read: 21.55 Subd. 7. Health Care Management 21.56 Summary by Fund 21.57 General24,845,00026,199,000 22.1 24,834,000 22.2 Health Care Access 14,522,000 14,533,000 22.3 The amounts that may be spent from this 22.4 appropriation for each purpose are as 22.5 follows: 22.6 (a) Health Care Policy Administration 22.7 General 5,523,000 7,223,000 22.8 Health Care Access 1,066,000 1,200,000 22.9 [PAYMENT CODE STUDY.] Of this 22.10 appropriation, $345,000 each year is 22.11 for a study to determine the 22.12 appropriateness of eliminating 22.13 reimbursement for certain payment codes 22.14 under medical assistance, general 22.15 assistance medical care, or 22.16 MinnesotaCare. As part of the study, 22.17 the commissioner shall also examine 22.18 covered services under the Minnesota 22.19 health care programs and make 22.20 recommendations on possible 22.21 modification of the services covered 22.22 under the program. The commissioner 22.23 shall report to the legislature by 22.24 January 15, 2005, with an analysis of 22.25 the feasibility of this approach, a 22.26 list of codes, if any, to be eliminated 22.27 from the payment system, and estimates 22.28 of savings to be obtained from this 22.29 approach. 22.30 [TRANSFERS FROM HEALTH CARE ACCESS 22.31 FUND.] (a) Notwithstanding Minnesota 22.32 Statutes, section 295.581, to the 22.33 extent available resources in the 22.34 health care access fund exceed 22.35 expenditures in that fund during fiscal 22.36 years 2005 to 2007, the excess annual 22.37 funds shall be transferred from the 22.38 health care access fund to the general 22.39 fund on June 30 of fiscal years 2005, 22.40 2006, and 2007. These transfers shall 22.41 not be reduced to accommodate 22.42 MinnesotaCare expansions. The 22.43 estimated amounts to be transferred are: 22.44 (1) in fiscal year 2005, $192,442,000; 22.45 (2) in fiscal year 2006, $52,943,000; 22.46 and 22.47 (3) in fiscal year 2007, $59,105,000. 22.48 These estimates shall be updated with 22.49 each forecast, but in no case shall the 22.50 transfers exceed the amounts listed in 22.51 clauses (1) to (3). 22.52 (b) The commissioner shall limit 22.53 transfers under paragraph (a) in order 22.54 to avoid implementation of Minnesota 22.55 Statutes, section 256L.02, subdivision 22.56 3, paragraph (b). 22.57 (c) For fiscal years 2004 to 2007, 22.58 MinnesotaCare shall be a forecasted 23.1 program and, if necessary, the 23.2 commissioner shall reduce transfers 23.3 under paragraph (a) to meet forecasted 23.4 expenditures. 23.5 (d) The department of human services in 23.6 recommending its 2007-2008 budget shall 23.7 consider the repayment of the amount 23.8 transferred in fiscal years 2006 and 23.9 2007 from the health care access fund 23.10 to the general fund to the health care 23.11 access fund. 23.12 (e) Notwithstanding section 14, this 23.13 section is in effect until June 30, 23.14 2007. 23.15 [MINNESOTACARE OUTREACH REIMBURSEMENT.] 23.16 Federal administrative reimbursement 23.17 resulting from MinnesotaCare outreach 23.18 is appropriated to the commissioner for 23.19 this activity. 23.20 [MINNESOTA SENIOR HEALTH OPTIONS 23.21 REIMBURSEMENT.] Federal administrative 23.22 reimbursement resulting from the 23.23 Minnesota senior health options project 23.24 is appropriated to the commissioner for 23.25 this activity. 23.26 [UTILIZATION REVIEW.] Federal 23.27 administrative reimbursement resulting 23.28 from prior authorization and inpatient 23.29 admission certification by a 23.30 professional review organization shall 23.31 be dedicated to the commissioner for 23.32 these purposes. A portion of these 23.33 funds must be used for activities to 23.34 decrease unnecessary pharmaceutical 23.35 costs in medical assistance. 23.36 (b) Health Care Operations 23.37 General19,322,00018,976,000 23.38 19,311,000 23.39 Health Care Access 13,456,000 13,333,000 23.40 [PREPAID MEDICAL PROGRAMS.] For all 23.41 counties in which the PMAP program has 23.42 been operating for 12 or more months, 23.43 state funding for the nonfederal share 23.44 of prepaid medical assistance program 23.45 administration costs for county managed 23.46 care advocacy and enrollment operations 23.47 is eliminated. State funding will 23.48 continue for these activities for 23.49 counties and tribes establishing new 23.50 PMAP programs for a maximum of 16 23.51 months (four months prior to beginning 23.52 PMAP enrollment and through the first 23.53 12 months of their PMAP program 23.54 operation). Those counties operating 23.55 PMAP programs for less than 12 months 23.56 can continue to receive state funding 23.57 for advocacy and enrollment activities 23.58 through their first year of operation. 23.59 Sec. 6. Laws 2003, First Special Session chapter 14, 24.1 article 13C, section 2, subdivision 9, is amended to read: 24.2 Subd. 9. Continuing Care Grants 24.3 Summary by Fund 24.4 General1,504,933,0001,490,958,00024.5 1,448,029,000 1,567,392,000 24.6 Lottery Prize Fund 1,408,000 1,408,000 24.7 The amounts that may be spent from this 24.8 appropriation for each purpose are as 24.9 follows: 24.10 (a) Community Social Services 24.11 General 496,000 371,000 24.12 (b) Aging and Adult Service Grant 24.13 General 12,998,000 13,951,000 24.14 [LONG-TERM CARE PROGRAM REDUCTIONS.] 24.15 For the biennium ending June 30, 2005, 24.16 state funding for the following state 24.17 long-term care programs is reduced by 24.18 15 percent from the level of state 24.19 funding provided on June 30, 2003: 24.20 SAIL project grants under Minnesota 24.21 Statutes, section 256B.0917; senior 24.22 nutrition programs under Minnesota 24.23 Statutes, section 256.9752; foster 24.24 grandparents program under Minnesota 24.25 Statutes, section 256.976; retired 24.26 senior volunteer program under 24.27 Minnesota Statutes, section 256.9753; 24.28 and the senior companion program under 24.29 Minnesota Statutes, section 256.977. 24.30 (c) Deaf and Hard-of-hearing 24.31 Service Grants 24.32 General 1,719,000 1,490,000 24.33 (d) Mental Health Grants 24.34 General 53,479,00034,690,00024.35 46,551,000 24.36 Lottery Prize Fund 1,408,000 1,408,000 24.37 [RESTRUCTURING OF ADULT MENTAL HEALTH 24.38 SERVICES.] The commissioner may make 24.39 transfers that do not increase the 24.40 state share of costs to effectively 24.41 implement the restructuring of adult 24.42 mental health services. 24.43 [COMPULSIVE GAMBLING.] Of the 24.44 appropriation from the lottery prize 24.45 fund, $250,000 each year is for the 24.46 following purposes: 24.47 (1) $100,000 each year is for a grant 24.48 to the Southeast Asian Problem Gambling 24.49 Consortium. The consortium must 24.50 provide statewide compulsive gambling 24.51 prevention and treatment services for 25.1 Lao, Hmong, Vietnamese, and Cambodian 25.2 families, adults, and adolescents. The 25.3 appropriation in this clause shall not 25.4 become part of base level funding for 25.5 the biennium beginning July 1, 2005. 25.6 Any unencumbered balance of the 25.7 appropriation in the first year does 25.8 not cancel but is available for the 25.9 second year; and 25.10 (2) $150,000 each year is for a grant 25.11 to a compulsive gambling council 25.12 located in St. Louis county. The 25.13 gambling council must provide a 25.14 statewide compulsive gambling 25.15 prevention and education project for 25.16 adolescents. Any unencumbered balance 25.17 of the appropriation in the first year 25.18 of the biennium does not cancel but is 25.19 available for the second year. 25.20 (e) Community Support Grants 25.21 12,523,0009,093,00025.22 12,024,000 25.23 [CENTERS FOR INDEPENDENT LIVING STUDY.] 25.24 The commissioner of human services, in 25.25 consultation with the commissioner of 25.26 economic security, the centers for 25.27 independent living, and consumer 25.28 representatives, shall study the 25.29 financing of the centers for 25.30 independent living authorized under 25.31 Minnesota Statutes, section 268A.11, 25.32 and make recommendations on options to 25.33 maximize federal financial 25.34 participation. Study components shall 25.35 include: 25.36 (1) the demographics of individuals 25.37 served by the centers for independent 25.38 living; 25.39 (2) the range of services the centers 25.40 for independent living provide to these 25.41 individuals; 25.42 (3) other publicly funded services 25.43 received by individuals supported by 25.44 the centers; and 25.45 (4) strategies for maximizing federal 25.46 financial participation for eligible 25.47 activities carried out by centers for 25.48 independent living. 25.49 The commissioner shall report with 25.50 fiscal and programmatic recommendations 25.51 to the chairs of the appropriate house 25.52 of representatives and senate finance 25.53 and policy committees by January 15, 25.54 2004. 25.55 (f) Medical Assistance Long-Term 25.56 Care Waivers and Home Care Grants 25.57 General659,211,000718,665,00025.58 624,631,000 748,189,000 26.1 [RATE AND ALLOCATION DECREASES FOR 26.2 CONTINUING CARE PROGRAMS.] 26.3 Notwithstanding any law or rule to the 26.4 contrary, the commissioner of human 26.5 services shall decrease reimbursement 26.6 rates or reduce allocations to assure 26.7 the necessary reductions in state 26.8 spending for the providers or programs 26.9 listed in paragraphs (a) to (d). The 26.10 decreases are effective for services 26.11 rendered on or after July 1, 2003. 26.12 (a) Effective July 1, 2003, the 26.13 commissioner shall reduce payment rates 26.14 for services and individual or service 26.15 limits by one percent. The rate 26.16 decreases described in this section 26.17 must be applied to: 26.18 (1) home and community-based waivered 26.19 services for the elderly under 26.20 Minnesota Statutes, section 256B.0915; 26.21 (2) day training and habilitation 26.22 services for adults with mental 26.23 retardation or related conditions under 26.24 Minnesota Statutes, sections 252.40 to 26.25 252.46; 26.26 (3) the group residential housing 26.27 supplementary service rate under 26.28 Minnesota Statutes, section 256I.05, 26.29 subdivision 1a; 26.30 (4) chemical dependency residential and 26.31 nonresidential service rates under 26.32 Minnesota Statutes, section 245B.03; 26.33 (5) consumer support grants under 26.34 Minnesota Statutes, section 256.476; 26.35 and 26.36 (6) home and community-based services 26.37 for alternative care services under 26.38 Minnesota Statutes, section 256B.0913. 26.39 (b) The commissioner shall reduce 26.40 allocations made available to county 26.41 agencies for home and community-based 26.42 waivered services to assure a 26.43 one-percent reduction in state spending 26.44 for services rendered on or after July 26.45 1, 2003. The commissioner shall apply 26.46 the allocation decreases described in 26.47 this section to: 26.48 (1) persons with mental retardation or 26.49 related conditions under Minnesota 26.50 Statutes, section 256B.501; 26.51 (2) waivered services under community 26.52 alternatives for disabled individuals 26.53 under Minnesota Statutes, section 26.54 256B.49; 26.55 (3) community alternative care waivered 26.56 services under Minnesota Statutes, 26.57 section 256B.49; and 26.58 (4) traumatic brain injury waivered 26.59 services under Minnesota Statutes, 27.1 section 256B.49. 27.2 County agencies will be responsible for 27.3 100 percent of any spending in excess 27.4 of the allocation made by the 27.5 commissioner. Nothing in this section 27.6 shall be construed as reducing the 27.7 county's responsibility to offer and 27.8 make available feasible home and 27.9 community-based options to eligible 27.10 waiver recipients within the resources 27.11 allocated to them for that purpose. 27.12 (c) The commissioner shall reduce deaf 27.13 and hard-of-hearing grants by one 27.14 percent on July 1, 2003. 27.15 (d) Effective July 1, 2003, the 27.16 commissioner shall reduce payment rates 27.17 for each facility reimbursed under 27.18 Minnesota Statutes, section 256B.5012, 27.19 by decreasing the total operating 27.20 payment rate for intermediate care 27.21 facilities for the mentally retarded by 27.22 one percent. For each facility, the 27.23 commissioner shall multiply the 27.24 adjustment by the total payment rate, 27.25 excluding the property-related payment 27.26 rate, in effect on June 30, 2003. A 27.27 facility whose payment rates are 27.28 governed by closure agreements, 27.29 receivership agreements, or Minnesota 27.30 Rules, part 9553.0075, is not subject 27.31 to an adjustment otherwise taken under 27.32 this subdivision. 27.33 Notwithstanding section 14, these 27.34 adjustments shall not expire. 27.35 [REDUCE GROWTH IN MR/RC WAIVER.] The 27.36 commissioner shall reduce the growth in 27.37 the MR/RC waiver by not allocating the 27.38 300 additional diversion allocations 27.39 that are included in the February 2003 27.40 forecast for the fiscal years that 27.41 begin on July 1, 2003, and July 1, 2004. 27.42 [MANAGE THE GROWTH IN THE TBI WAIVER.] 27.43 During the fiscal years beginning on 27.44 July 1, 2003, and July 1, 2004, the 27.45 commissioner shall allocate money for 27.46 home and community-based programs 27.47 covered under Minnesota Statutes, 27.48 section 256B.49, to assure a reduction 27.49 in state spending that is equivalent to 27.50 limiting the caseload growth of the TBI 27.51 waiver to 150 in each year of the 27.52 biennium. Priorities for the 27.53 allocation of funds shall be for 27.54 individuals anticipated to be 27.55 discharged from institutional settings 27.56 or who are at imminent risk of a 27.57 placement in an institutional setting. 27.58 [TARGETED CASE MANAGEMENT FOR HOME CARE 27.59 RECIPIENTS.] Implementation of the 27.60 targeted case management benefit for 27.61 home care recipients, according to 27.62 Minnesota Statutes, section 256B.0621, 27.63 subdivisions 2, 3, 5, 6, 7, 9, and 10, 27.64 will be delayed until July 1, 2005. 28.1 [COMMON SERVICE MENU.] Implementation 28.2 of the common service menu option 28.3 within the home and community-based 28.4 waivers, according to Minnesota 28.5 Statutes, section 256B.49, subdivision 28.6 16, will be delayed until July 1, 2005. 28.7 [LIMITATION ON COMMUNITY ALTERNATIVES 28.8 FOR DISABLED INDIVIDUALS CASELOAD 28.9 GROWTH.] For the biennium ending June 28.10 30, 2005, the commissioner shall limit 28.11 the allocations made available in the 28.12 community alternatives for disabled 28.13 individuals waiver program in order not 28.14 to exceed average caseload growth of 95 28.15 per month from June 2003 program 28.16 levels, plus any additional 28.17 legislatively authorized program 28.18 growth. The commissioner shall 28.19 allocate available resources to achieve 28.20 the following outcomes: 28.21 (1) the establishment of feasible and 28.22 viable alternatives for persons in 28.23 institutional or hospital settings to 28.24 relocate to home and community-based 28.25 settings; 28.26 (2) the availability of timely 28.27 assistance to persons at imminent risk 28.28 of institutional or hospital placement 28.29 or whose health and safety is at 28.30 immediate risk; and 28.31 (3) the maximum provision of essential 28.32 community supports to eligible persons 28.33 in need of and waiting for home and 28.34 community-based service alternatives. 28.35 The commissioner may reallocate 28.36 resources from one county or region to 28.37 another if available funding in that 28.38 county or region is not likely to be 28.39 spent and the reallocation is necessary 28.40 to achieve the outcomes specified in 28.41 this paragraph. 28.42 (g) Medical Assistance Long-term 28.43 Care Facilities Grants 28.44 General543,999,000514,483,00028.45 513,763,000 536,321,000 28.46 (h) Alternative Care Grants 28.47 General 75,206,000 66,351,000 28.48 [ALTERNATIVE CARE TRANSFER.] Any money 28.49 allocated to the alternative care 28.50 program that is not spent for the 28.51 purposes indicated does not cancel but 28.52 shall be transferred to the medical 28.53 assistance account. 28.54 [ALTERNATIVE CARE APPROPRIATION.] The 28.55 commissioner may expend the money 28.56 appropriated for the alternative care 28.57 program for that purpose in either year 28.58 of the biennium. 28.59 [ALTERNATIVE CARE IMPLEMENTATION OF 29.1 CHANGES TO FEES AND ELIGIBILITY.] 29.2 Changes to Minnesota Statutes, section 29.3 256B.0913, subdivision 4, paragraph 29.4 (d), and subdivision 12, are effective 29.5 July 1, 2003, for all persons found 29.6 eligible for the alternative care 29.7 program on or after July 1, 2003. All 29.8 recipients of alternative care funding 29.9 as of June 30, 2003, shall be subject 29.10 to Minnesota Statutes, section 29.11 256B.0913, subdivision 4, paragraph 29.12 (d), and subdivision 12, on the annual 29.13 reassessment and review of their 29.14 eligibility after July 1, 2003, but no 29.15 later than January 1, 2004. 29.16 (i) Group Residential Housing Grants 29.17 General94,996,00080,472,00029.18 94,547,000 81,055,000 29.19 [GROUP RESIDENTIAL HOUSING COSTS 29.20 REFINANCED.] (1) Effective July 1, 29.21 2004, the commissioner shall increase 29.22 the home and community-based service 29.23 rates and county allocations provided 29.24 to programs for persons with 29.25 disabilities established under section 29.26 1915(c) of the Social Security Act to 29.27 the extent that these programs will be 29.28 paying for the costs above the rate 29.29 established in Minnesota Statutes, 29.30 section 256I.05, subdivision 1. 29.31 (2) For persons in receipt of services 29.32 under Minnesota Statutes, section 29.33 256B.0915, who reside in licensed adult 29.34 foster care beds for which a 29.35 supplemental room and board payment was 29.36 being made under Minnesota Statutes, 29.37 section 256I.05, subdivision 1, 29.38 counties may request an exception to 29.39 the individual caps specified in 29.40 Minnesota Statutes, section 256B.0915, 29.41 subdivision 3, paragraph (b), not to 29.42 exceed the difference between the 29.43 individual cap and the client's monthly 29.44 service expenditures plus the amount of 29.45 the supplemental room and board rate. 29.46 The county must submit a request to 29.47 exceed the individual cap to the 29.48 commissioner for approval. 29.49 (j) Chemical Dependency 29.50 Entitlement Grants 29.51 General49,251,00050,337,00029.52 57,612,000 60,034,000 29.53 (k) Chemical Dependency Nonentitlement 29.54 Grants 29.55 General 1,055,000 1,055,000 29.56 Sec. 7. Laws 2003, First Special Session chapter 14, 29.57 article 13C, section 2, subdivision 11, is amended to read: 29.58 Subd. 11. Economic Support Grants 30.1 Summary by Fund 30.2 General122,647,000117,198,00030.3 124,697,000 116,985,000 30.4 Federal TANF199,009,000207,224,00030.5 212,844,000 209,264,000 30.6 The amounts that may be spent from this 30.7 appropriation for each purpose are as 30.8 follows: 30.9 (a) Minnesota Family Investment Program 30.10 General59,922,00039,375,00030.11 53,818,000 43,942,000 30.12 Federal TANF106,535,000110,543,00030.13 114,370,000 106,583,000 30.14 (b) Work Grants 30.15 General666,00014,678,00030.16 8,666,000 8,678,000 30.17 Federal TANF92,474,00096,681,00030.18 98,474,000 102,681,000 30.19 [MFIP SUPPORT SERVICES COUNTY AND 30.20 TRIBAL ALLOCATION.] When determining 30.21 the funds available for the 30.22 consolidated MFIP support services 30.23 grant in the 18-month period ending 30.24 December 31, 2004, the commissioner 30.25 shall apportion the funds appropriated 30.26 for fiscal year 2005 in such manner as 30.27 necessary to provide $14,000,000 more 30.28 to counties and tribes for the period 30.29 ending December 31, 2004, than would 30.30 have been available had the funds been 30.31 evenly divided within the fiscal year 30.32 between the period before December 31, 30.33 2004, and the period after December 31, 30.34 2004. 30.35 For allocations for the calendar years 30.36 starting January 1, 2005, the 30.37 commissioner shall apportion the funds 30.38 appropriated for each fiscal year in 30.39 such manner as necessary to provide 30.40 $14,000,000 more to counties and tribes 30.41 for the period ending December 31 of 30.42 that year than would have been 30.43 available had the funds been evenly 30.44 divided within the fiscal year between 30.45 the period before December 31 and the 30.46 period after December 31. 30.47 (c) Economic Support Grants - Other 30.48 Assistance 30.49 General 3,358,000 3,463,000 30.50 [SUPPORTIVE HOUSING.] Of the general 30.51 fund appropriation, $500,000 each year 31.1 is to provide services to families who 31.2 are participating in the supportive 31.3 housing and managed care pilot project 31.4 under Minnesota Statutes, section 31.5 256K.25. This appropriation shall not 31.6 become part of base level funding for 31.7 the biennium beginning July 1, 2007. 31.8 (d) Child Support Enforcement Grants 31.9 General 3,571,000 3,503,000 31.10 (e) General Assistance Grants 31.11 General24,901,00024,732,00031.12 26,329,000 26,909,000 31.13 [GENERAL ASSISTANCE STANDARD.] The 31.14 commissioner shall set the monthly 31.15 standard of assistance for general 31.16 assistance units consisting of an adult 31.17 recipient who is childless and 31.18 unmarried or living apart from parents 31.19 or a legal guardian at $203. The 31.20 commissioner may reduce this amount 31.21 according to Laws 1997, chapter 85, 31.22 article 3, section 54. 31.23 [EMERGENCY GENERAL ASSISTANCE.] The 31.24 amount appropriated for emergency 31.25 general assistance funds is limited to 31.26 no more than $7,889,812 in each fiscal 31.27 year of 2004 and 2005. Funds to 31.28 counties shall be allocated by the 31.29 commissioner using the allocation 31.30 method specified in Minnesota Statutes, 31.31 section 256D.06. 31.32 (f) Minnesota Supplemental Aid Grants 31.33 General30,229,00031,447,00031.34 28,955,000 30,490,000 31.35 [EMERGENCY MINNESOTA SUPPLEMENTAL AID 31.36 FUNDS.] The amount appropriated for 31.37 emergency Minnesota supplemental aid 31.38 funds is limited to no more than 31.39 $1,138,707 in fiscal year 2004 and 31.40 $1,017,000 in fiscal year 2005. Funds 31.41 to counties shall be allocated by the 31.42 commissioner using the allocation 31.43 method specified in Minnesota Statutes, 31.44 section 256D.46. 31.45 Sec. 8. Laws 2003, First Special Session chapter 14, 31.46 article 13C, section 10, subdivision 1, is amended to read: 31.47 Subdivision 1. Total 31.48 Appropriation $107,829,000$92,649,00031.49 106,221,000 97,564,000 31.50 Summary by Fund 31.51 General104,489,00089,309,00031.52 102,881,000 92,224,000 31.53 State Special 32.1 Revenue 3,340,000 3,340,000 32.2 Sec. 9. Laws 2003, First Special Session chapter 14, 32.3 article 13C, section 10, subdivision 2, is amended to read: 32.4 Subd. 2. Child Care 32.5 [BASIC SLIDING FEE CHILD CARE.] Of this 32.6 appropriation, $27,628,000 in fiscal 32.7 year 2004 and $18,771,000 in fiscal 32.8 year 2005 are for child care assistance 32.9 according to Minnesota Statutes, 32.10 section 119B.03. These appropriations 32.11 are available to be spent either year. 32.12 The fiscal years 2006 and 2007 general 32.13 fund base for basic sliding fee child 32.14 care is $30,312,000 each year. 32.15 [MFIP CHILD CARE.] Of this 32.16 appropriation,$69,543,000$67,935,000 32.17 in fiscal year 2004 32.18 and$63,720,000$68,635,000 in fiscal 32.19 year 2005 are for MFIP child care. 32.20 [CHILD CARE PROGRAM INTEGRITY.] Of this 32.21 appropriation, $425,000 in fiscal year 32.22 2004, and $376,000 in fiscal year 2005 32.23 are for the administrative costs of 32.24 program integrity and fraud prevention 32.25 for child care assistance under 32.26 Minnesota Statutes, chapter 119B. 32.27 [CHILD CARE DEVELOPMENT.] Of this 32.28 appropriation, $1,115,000 in fiscal 32.29 year 2004, and $1,164,000 in fiscal 32.30 year 2005 are for child care 32.31 development grants according to 32.32 Minnesota Statutes, section 119B.21. 32.33 Sec. 10. [EFFECTIVE DATE.] 32.34 Sections 1 to 9 are effective the day following final 32.35 enactment, unless a different effective date is specified. 32.36 ARTICLE 3 32.37 ADDITIONAL REVENUES 32.38 Section 1. Minnesota Statutes 2003 Supplement, section 32.39 16A.152, subdivision 2, is amended to read: 32.40 Subd. 2. [ADDITIONAL REVENUES; PRIORITY.] (a) If on the 32.41 basis of a forecast of general fund revenues and expenditures, 32.42 the commissioner of finance determines that there will be a 32.43 positive unrestricted budgetary general fund balance at the 32.44 close of the biennium, the commissioner of finance must allocate 32.45 money to the following accounts and purposes in priority order: 32.46 (1) the cash flow account established in subdivision 1 32.47 until that account reaches $350,000,000;and32.48 (2) the budget reserve account established in subdivision 33.1 1a until that account reaches $653,000,000; 33.2 (3) the amount necessary to increase the aid payment 33.3 schedule for school district aids and credits payments in 33.4 section 127A.45 to not more than 90 percent; and 33.5 (4) the amount necessary to restore all or a portion of the 33.6 net aid reductions under section 127A.441 and to reduce the 33.7 property tax revenue recognition shift under section 123B.75, 33.8 subdivision 5, paragraph (c), and Laws 2003, First Special 33.9 Session chapter 9, article 5, section 34, as amended by Laws 33.10 2003, First Special Session chapter 23, section 20, by the same 33.11 amount. 33.12 (b) The amounts necessary to meet the requirements of this 33.13 section are appropriated from the general fund within two weeks 33.14 after the forecast is released or, in the case of transfers 33.15 under paragraph (a), clauses (3) and (4), as necessary to meet 33.16 the appropriations schedules otherwise established in statute. 33.17 (c) To the extent that a positive unrestricted budgetary 33.18 general fund balance is projected, appropriations under this 33.19 section must be made before any transfer is made under section 33.20 16A.1522. 33.21 (d) The commissioner of finance shall certify the total 33.22 dollar amount of the reductions under paragraph (a), clauses (3) 33.23 and (4), to the commissioner of education. The commissioner of 33.24 education shall increase the aid payment percentage and reduce 33.25 the property tax shift percentage by these amounts and apply 33.26 those reductions to the current fiscal year and thereafter. 33.27 [EFFECTIVE DATE.] This section is effective the day 33.28 following final enactment.