SF 2871

1st Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to legislative enactments; providing for the 
  1.3             correction of miscellaneous oversights, 
  1.4             inconsistencies, ambiguities, unintended results, and 
  1.5             technical errors of a noncontroversial nature; 
  1.6             amending Minnesota Statutes 1994, sections 84.035, 
  1.7             subdivision 5, as amended; 103B.3355, as amended; 
  1.8             256B.501, subdivision 5d, as added; and 462.353, 
  1.9             subdivision 5, as added; Minnesota Statutes 1995 
  1.10            Supplement, sections 124A.22, subdivision 13; 
  1.11            256B.431, subdivision 25, as amended; and 299A.35, 
  1.12            subdivision 1, as amended; Laws 1996, chapter 282, 
  1.13            sections 1 and 2; 1996 House File Numbers 787, 
  1.14            sections 16 and 33; and 1584, article 2, section 62; 
  1.15            1996 Senate File Numbers 1997, section 1; and 2856, 
  1.16            article 2, section 8; repealing Laws 1995, chapter 
  1.17            171, sections 54 and 56. 
  1.18  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.19     Section 1.  [REPEAL.] 
  1.20     Laws 1995, chapter 171, sections 54 and 56, are repealed 
  1.21  effective August 1, 1995. 
  1.22     Sec. 2.  [CORRECTION 51.] Laws 1996, chapter 282, section 
  1.23  1, is amended to read: 
  1.24     Section 1.  [366.125] [MAY MAKE APPLICANT CERTIFY THAT 
  1.25  TAXES ARE PAID.] 
  1.26     The town board may require, either as part of the necessary 
  1.27  information on an application or as a condition of a grant of 
  1.28  approval, an applicant for an amendment, permit, or other 
  1.29  approval required under a regulation established pursuant to 
  1.30  sections 366.10 to 366.18 to certify that there are no 
  1.31  delinquent property taxes, special assessments, penalties, and 
  2.1   interest due on the parcel to which the application relates.  
  2.2   Property taxes which are being paid under the provisions of a 
  2.3   stipulation, order, or confession of judgment, or which are 
  2.4   being appealed as provided by law, are not considered delinquent 
  2.5   for purposes of this section if all required payments that are 
  2.6   due under the terms of the stipulation, order, confession of 
  2.7   judgment, or appeal have been paid. 
  2.8      Sec. 3.  [CORRECTION 51.] Laws 1996, chapter 282, section 
  2.9   2, is amended to read: 
  2.10     Sec. 2.  [394.235] [MAY MAKE APPLICANT CERTIFY THAT TAXES 
  2.11  ARE PAID.] 
  2.12     The county board may require, either as part of the 
  2.13  necessary information on an application or as a condition of a 
  2.14  grant of approval, an applicant for an amendment to an official 
  2.15  control established pursuant to sections 394.21 to 394.37, or 
  2.16  for a permit or other approval required under an official 
  2.17  control established pursuant to those sections to certify that 
  2.18  there are no delinquent property taxes, special assessments, 
  2.19  penalties, and interest due on the parcel to which the 
  2.20  application relates.  Property taxes which are being paid under 
  2.21  the provisions of a stipulation, order, or confession of 
  2.22  judgment, or which are being appealed as provided by law, are 
  2.23  not considered delinquent for purposes of this subdivision 
  2.24  section if all required payments that are due under the terms of 
  2.25  the stipulation, order, confession of judgment, or appeal have 
  2.26  been paid. 
  2.27     Sec. 4.  [CORRECTION 51.] Minnesota Statutes 1994, section 
  2.28  462.353, subdivision 5, as added by Laws 1996, chapter 282, 
  2.29  section 3, is amended to read: 
  2.30     Subd. 5.  [CERTIFY TAXES PAID.] A municipality may require, 
  2.31  either as part of the necessary information on an application or 
  2.32  as a condition of a grant of approval, an applicant for an 
  2.33  amendment to an official control established pursuant to 
  2.34  sections 462.351 to 462.364, or for a permit or other approval 
  2.35  required under an official control established pursuant to those 
  2.36  sections to certify that there are no delinquent property taxes, 
  3.1   special assessments, penalties, interest, and municipal utility 
  3.2   fees due on the parcel to which the application relates.  
  3.3   Property taxes which are being paid under the provisions of a 
  3.4   stipulation, order, or confession of judgment, or which are 
  3.5   being appealed as provided by law, are not considered delinquent 
  3.6   for purposes of this subdivision if all required payments that 
  3.7   are due under the terms of the stipulation, order, confession of 
  3.8   judgment, or appeal have been paid. 
  3.9      Sec. 5.  [CORRECTION 52.] 1996 S.F. No. 2856, article 2, 
  3.10  section 8, if enacted, is amended to read: 
  3.11     Sec. 8.  [INTENSIVE JUVENILE MONITORING PILOT PROGRAM.] 
  3.12     (a) The commissioner of corrections shall establish at 
  3.13  least four pilot programs to provide intensive monitoring in the 
  3.14  community for juveniles who have committed or are at risk to 
  3.15  commit status offenses or delinquent acts.  A juvenile need not 
  3.16  be adjudicated for an offense to be eligible for the program.  
  3.17  The pilot programs shall provide a work experience for qualified 
  3.18  upper division college and graduate students who are majoring in 
  3.19  relevant disciplines to supervise and monitor juveniles referred 
  3.20  to or placed in community corrections or court services 
  3.21  programs.  Referrals to the program may be made by peace 
  3.22  officers, juvenile courts, and juvenile probation officers. 
  3.23     (b) The commissioner shall collaborate with appropriate 
  3.24  faculty members and administrators at the University of 
  3.25  Minnesota, the state universities, private colleges and 
  3.26  universities, community corrections agencies, and court services 
  3.27  agencies to establish general eligibility criteria for upper 
  3.28  division college and graduate students to participate in the 
  3.29  program and to specify the various ways by which students will 
  3.30  be compensated through their college or university for their 
  3.31  participation including, but not limited to, monetary 
  3.32  compensation, tuition payments, and related mileage and parking 
  3.33  expenses.  The compensation program shall allow for long-term 
  3.34  placements and corrections experiences for students who are 
  3.35  financially dependent on paid internships. 
  3.36     (c) The commissioner also shall collaborate with higher 
  4.1   education experts, community corrections agencies, court 
  4.2   services agencies, law enforcement agencies, and juvenile court 
  4.3   judges to: 
  4.4      (1) establish general eligibility criteria for juveniles to 
  4.5   be referred to or placed in the program; 
  4.6      (2) establish maximum caseloads for students, based on 
  4.7   their experience and knowledge and on the characteristics of the 
  4.8   juveniles to be supervised; 
  4.9      (3) specify the types of supervision and monitoring the 
  4.10  college students may be expected to provide to the juveniles; 
  4.11  and 
  4.12     (4) specify the manner in which the students' work and 
  4.13  performance measures will be monitored and evaluated by relevant 
  4.14  criminal justice and higher education professionals. 
  4.15     (d) At the end of the pilot programs, the commissioner of 
  4.16  corrections shall report findings and recommendations to the 
  4.17  chairs of the house and senate committees with jurisdiction over 
  4.18  criminal justice and higher education issues. 
  4.19     Sec. 6.  [CORRECTION 54.] Minnesota Statutes 1995 
  4.20  Supplement, section 299A.35, subdivision 1, as amended by 1996 
  4.21  S.F. No. 2856, article 2, section 5, if enacted, is amended to 
  4.22  read: 
  4.23     Subdivision 1.  [PROGRAMS.] The commissioner shall, in 
  4.24  consultation with the chemical abuse and violence prevention 
  4.25  council, administer a grant program to fund community-based 
  4.26  programs that are designed to enhance the community's sense of 
  4.27  personal security and to assist the community in its crime 
  4.28  control and prevention efforts.  Examples of qualifying programs 
  4.29  include, but are not limited to, the following: 
  4.30     (1) community-based programs designed to provide services 
  4.31  for children aged 8 to 13 under 14 years of age who are juvenile 
  4.32  offenders or who are at risk of becoming juvenile offenders.  
  4.33  The programs must give priority to: 
  4.34     (i) juvenile restitution; 
  4.35     (ii) prearrest or pretrial diversion, including through 
  4.36  mediation; 
  5.1      (iii) probation innovation; 
  5.2      (iv) teen courts, community service; or 
  5.3      (v) post incarceration alternatives to assist youth in 
  5.4   returning to their communities; 
  5.5      (2) community-based programs designed to provide at-risk 
  5.6   children and youth aged 8 to 13 under 14 years of age with 
  5.7   after-school and summer enrichment activities; 
  5.8      (3) community-based programs designed to discourage young 
  5.9   people from involvement in unlawful drug or street gang 
  5.10  activities such as neighborhood youth centers; 
  5.11     (4) neighborhood block clubs and innovative community-based 
  5.12  crime prevention programs; 
  5.13     (5) community- and school-based programs designed to enrich 
  5.14  the educational, cultural, or recreational opportunities of 
  5.15  at-risk children and youth, including programs designed to keep 
  5.16  at-risk youth from dropping out of school and encourage school 
  5.17  dropouts to return to school; 
  5.18     (6) community-based programs designed to intervene with 
  5.19  juvenile offenders who are identified as likely to engage in 
  5.20  repeated criminal activity in the future unless intervention is 
  5.21  undertaken; 
  5.22     (7) community-based collaboratives that coordinate multiple 
  5.23  programs and funding sources to address the needs of at-risk 
  5.24  children and youth, including, but not limited to, 
  5.25  collaboratives that address the continuum of services for 
  5.26  juvenile offenders and those who are at risk of becoming 
  5.27  juvenile offenders; 
  5.28     (8) programs that are proven successful at increasing the 
  5.29  rate of school success or the rate of post-secondary education 
  5.30  attendance for high-risk students; 
  5.31     (9) community-based programs that provide services to 
  5.32  homeless youth; 
  5.33     (10) programs designed to reduce truancy; and 
  5.34     (11) other community- and school-based crime prevention 
  5.35  programs that are innovative and encourage substantial 
  5.36  involvement by members of the community served by the program. 
  6.1      Sec. 7.  [CORRECTION 55.] Minnesota Statutes 1995 
  6.2   Supplement, section 124A.22, subdivision 13, is amended to read: 
  6.3      Subd. 13.  [TRANSPORTATION SPARSITY DEFINITIONS.] The 
  6.4   definitions in this subdivision apply to subdivisions 13a and 
  6.5   13b. 
  6.6      (a) "Sparsity index" for a school district means the 
  6.7   greater of .2 or the ratio of the square mile area of the school 
  6.8   district to the actual pupil units of the school district. 
  6.9      (b) "Density index" for a school district means the ratio 
  6.10  of the square mile area of the school district to the actual 
  6.11  pupil units of the school district.  However, the density index 
  6.12  for a school district cannot be greater than .2 or less than 
  6.13  .005. 
  6.14     (c) "Fiscal year 1996 base allowance" for a school district 
  6.15  means the result of the following computation: 
  6.16     (1) sum the following amounts: 
  6.17     (i) the fiscal year 1996 regular transportation revenue for 
  6.18  the school district according to section 124.225, subdivision 
  6.19  7d, paragraph (a), excluding the revenue attributable nonpublic 
  6.20  school pupils and to pupils with disabilities receiving special 
  6.21  transportation services; plus 
  6.22     (ii) the fiscal year 1996 nonregular transportation revenue 
  6.23  for the school district according to section 124.225, 
  6.24  subdivision 7d, paragraph (b), excluding the revenue for 
  6.25  desegregation transportation according to section 124.225, 
  6.26  subdivision 1, paragraph (c), clause (4), and the revenue 
  6.27  attributable to nonpublic school pupils and to pupils with 
  6.28  disabilities receiving special transportation services or board 
  6.29  and lodging; plus 
  6.30     (iii) the fiscal year 1996 excess transportation levy for 
  6.31  the school district according to section 124.226, subdivision 5, 
  6.32  excluding the levy attributable to nonpublic school pupils; plus 
  6.33     (iv) the fiscal year 1996 late activity bus levy for the 
  6.34  school district according to section 124.226, subdivision 9, 
  6.35  excluding the levy attributable to nonpublic school pupils; plus 
  6.36     (v) an amount equal to one-third of the fiscal year 1996 
  7.1   bus depreciation for the school district according to section 
  7.2   124.225, subdivision 1, paragraph (b), clauses (2), (3), and (4).
  7.3      (2) divide the result in paragraph (c), clause (1), by the 
  7.4   school districts district's 1995-1996 actual fund balance pupil 
  7.5   units. 
  7.6      Sec. 8.  [CORRECTION 58.] Minnesota Statutes 1994, section 
  7.7   84.035, subdivision 5, as amended by 1996 H.F. No. 787, section 
  7.8   1, if enacted, is amended to read: 
  7.9      Section 1.  Minnesota Statutes 1994, section 84.035, 
  7.10  subdivision 5, is amended to read: 
  7.11     Subd. 5.  [ACTIVITIES IN PEATLAND SCIENTIFIC AND NATURAL 
  7.12  AREAS.] Areas designated in subdivision 4 as peatland scientific 
  7.13  and natural areas are subject to the following conditions: 
  7.14     (a) Except as provided in paragraph (b), all restrictions 
  7.15  otherwise applicable to scientific and natural areas designated 
  7.16  under section 86A.05, subdivision 5, apply to the surface use 
  7.17  and to any use of the mineral estate which would significantly 
  7.18  modify or alter the peatland water levels or flows, peatland 
  7.19  water chemistry, plant or animal species or communities, or 
  7.20  other natural features of the peatland scientific and natural 
  7.21  areas, including, but not limited to, the following prohibitions:
  7.22     (1) construction of any new public drainage systems after 
  7.23  the effective date of Laws 1991, chapter 354, or improvement or 
  7.24  repair to a public drainage system in existence on the effective 
  7.25  date of Laws 1991, chapter 354, under authority of chapter 103E, 
  7.26  or any other alteration of surface water or ground water levels 
  7.27  or flows unless specifically permitted under paragraph (b), 
  7.28  clause (5) or (6); 
  7.29     (2) removal of peat, sand, gravel, or other industrial 
  7.30  minerals; 
  7.31     (3) exploratory boring or other exploration or removal of 
  7.32  oil, natural gas, radioactive materials or metallic minerals 
  7.33  which would significantly modify or alter the peatland water 
  7.34  levels or flows, peatland water chemistry, plant or animal 
  7.35  species or communities, or natural features of the peatland 
  7.36  scientific and natural areas, except in the event of a national 
  8.1   emergency declared by Congress; 
  8.2      (4) commercial timber harvesting; 
  8.3      (5) construction of new corridors of disturbance, of the 
  8.4   kind defined in subdivision 3, after June 5, 1991; and 
  8.5      (6) ditching, draining, filling, or any other activities 
  8.6   which modify or alter the peatland water levels or flows, 
  8.7   peatland water chemistry, plant or animal species or 
  8.8   communities, or other natural features of the peatland 
  8.9   scientific and natural areas. 
  8.10     (b) The following activities are allowed: 
  8.11     (1) recreational activities, including hunting, fishing, 
  8.12  trapping, cross-country skiing, snowshoeing, nature observation, 
  8.13  or other recreational activities permitted in the management 
  8.14  plan approved by the commissioner; 
  8.15     (2) scientific and educational work and research; 
  8.16     (3) maintenance of corridors of disturbance, including 
  8.17  survey lines and preparation of winter roads, consistent with 
  8.18  protection of the peatland ecosystem; 
  8.19     (4) use of corridors of disturbance unless limited by a 
  8.20  management plan adopted by the commissioner under subdivision 6; 
  8.21     (5) improvements to a public drainage system in existence 
  8.22  on the effective date of Laws 1991, chapter 354, only when it is 
  8.23  for the protection and maintenance of the ecological integrity 
  8.24  of the peatland scientific and natural area and when included in 
  8.25  a management plan adopted by the commissioner under subdivision 
  8.26  6; 
  8.27     (6) repairs to a public drainage system in existence on the 
  8.28  effective date of Laws 1991, chapter 354, which crosses a 
  8.29  peatland scientific and natural area and is used for the 
  8.30  purposes of providing a drainage outlet for lands outside of the 
  8.31  peatland scientific and natural area, provided that there are no 
  8.32  other feasible and prudent alternative means of providing the 
  8.33  drainage outlet.  The commissioner shall cooperate with the 
  8.34  ditch authority in the determination of any feasible and prudent 
  8.35  alternatives.  No repairs which would significantly modify or 
  8.36  alter the peatland water levels or flows, peatland water 
  9.1   chemistry, plant or animal species or communities, or other 
  9.2   natural features of the peatland scientific and natural areas 
  9.3   shall be made unless approved by the commissioner; 
  9.4      (7) motorized uses on a corridor of disturbance, if the 
  9.5   corridor existed on or before January 1, 1992, provided that 
  9.6   recreational motorized users uses may occur only when the 
  9.7   substrate is frozen, or the corridor is snow packed, subject to 
  9.8   a management plan developed in accordance with subdivision 6; 
  9.9   and 
  9.10     (8) control of forest insects, disease, and wildfires, as 
  9.11  described in a management plan adopted by the commissioner under 
  9.12  subdivision 6; and 
  9.13     (9) geological and geophysical surveys which would not 
  9.14  significantly modify or alter the peatland water levels or 
  9.15  flows, peatland water chemistry, plant or animal species or 
  9.16  communities, or other natural features of the peatland 
  9.17  scientific and natural areas. 
  9.18     Sec. 9.  [CORRECTION 58A.] Minnesota Statutes 1994, section 
  9.19  103B.3355, as amended by 1996 H.F. No. 787, section 3, if 
  9.20  enacted, is amended to read: 
  9.21     Sec. 3.  Minnesota Statutes 1994, section 103B.3355, is 
  9.22  amended to read: 
  9.23     103B.3355 [WETLAND FUNCTIONS FOR DETERMINING PUBLIC 
  9.24  VALUES.] 
  9.25     (a) The public values of wetlands must be determined based 
  9.26  upon the functions of wetlands for:  
  9.27     (1) water quality, including filtering of pollutants to 
  9.28  surface and groundwater, utilization of nutrients that would 
  9.29  otherwise pollute public waters, trapping of sediments, 
  9.30  shoreline protection, and utilization of the wetland as a 
  9.31  recharge area for groundwater; 
  9.32     (2) floodwater and stormwater retention, including the 
  9.33  potential for flooding in the watershed, the value of property 
  9.34  subject to flooding, and the reduction in potential flooding by 
  9.35  the wetland; 
  9.36     (3) public recreation and education, including hunting and 
 10.1   fishing areas, wildlife viewing areas, and nature areas; 
 10.2      (4) commercial uses, including wild rice and cranberry 
 10.3   growing and harvesting and aquaculture; 
 10.4      (5) fish, wildlife, native plant habitats; and 
 10.5      (6) low-flow augmentation; and 
 10.6      (7) other public uses.  
 10.7      (b) The board of water and soil resources, in consultation 
 10.8   with the commissioners of natural resources and agriculture and 
 10.9   local government units, shall adopt rules establishing: 
 10.10     (1) scientific methodologies for determining the functions 
 10.11  of wetlands; and 
 10.12     (2) criteria for determining the resulting public values of 
 10.13  wetlands. 
 10.14     (c) The methodologies and criteria established under this 
 10.15  section or other methodologies and criteria that include the 
 10.16  functions in paragraph (a) and are approved by the board, in 
 10.17  consultation with the commissioners of natural resources and 
 10.18  agriculture and local government units, must be used to 
 10.19  determine the functions and resulting public values of wetlands 
 10.20  in the state.  The functions listed in paragraph (a) are not 
 10.21  listed in order of priority. 
 10.22     (d) Public value criteria established or approved by the 
 10.23  board under this section do not apply in areas subject to local 
 10.24  comprehensive wetland protection and management plans 
 10.25  established under section 103G.2243. 
 10.26     (e) The board of water and soil resources, in consultation 
 10.27  with the commissioners of natural resources and agriculture and 
 10.28  local government units, may identify regions of the state where 
 10.29  preservation, enhancement, restoration, and establishment of 
 10.30  wetlands would have high public value.  The board, in 
 10.31  consultation with the commissioners, may identify high priority 
 10.32  wetland regions using available information relating to the 
 10.33  factors listed in paragraph (a).  The board shall notify local 
 10.34  units of government with water planning authority of these high 
 10.35  priority regions. 
 10.36     Sec. 10.  [CORRECTION 58B.] 1996 H.F. No. 787, section 16, 
 11.1   if enacted, is amended to read: 
 11.2      Sec. 16.  Minnesota Statutes 1994, section 103G.005, is 
 11.3   amended by adding a subdivision to read: 
 11.4      Subd. 14a.  [PASTURE.] "Pasture" means an area that was 
 11.5   grazed by domesticated livestock or that was planted with 
 11.6   annually seeded crops in a crop rotation seeding of grasses or 
 11.7   legumes in six of the last ten years prior to January 1, 1991. 
 11.8      Sec. 11.  [CORRECTION 58C.] 1996 H.F. No. 787, section 33, 
 11.9   as added, is amended to read: 
 11.10     Sec. 33.  [103G.2243] [LOCAL COMPREHENSIVE WETLAND 
 11.11  PROTECTION AND MANAGEMENT PLANS.] 
 11.12     Subdivision 1.  [GENERAL REQUIREMENTS; NOTICE AND 
 11.13  PARTICIPATION.] (a) As an alternative to the rules adopted under 
 11.14  section 103G.2242, subdivision 1, and the public value criteria 
 11.15  established or approved under section 103B.3355, a comprehensive 
 11.16  wetland protection and management plan may be developed by a 
 11.17  local government unit, or one or more local government units 
 11.18  operating under a joint powers agreement, provided that: 
 11.19     (1) a notice is made at the beginning of the planning 
 11.20  process to the board, the commissioner of natural resources, the 
 11.21  pollution control agency, local government units, and local 
 11.22  citizens to actively participate in the development of the plan; 
 11.23  and 
 11.24     (2) the plan is implemented by ordinance as part of the 
 11.25  local government's official controls under chapter 394, for a 
 11.26  county; chapter 462, for a city; chapter 366, for a town; and by 
 11.27  rules adopted under chapter 103D, for a watershed district; and 
 11.28  chapter 103B, for a watershed management organization. 
 11.29     (b) An organization that is invited to participate in the 
 11.30  development of the local plan, but declines to do so and fails 
 11.31  to participate or to provide written comments during the local 
 11.32  review process, waives the right during board review to submit 
 11.33  comments, except comments concerning consistency of the plan 
 11.34  with laws and rules administered by that agency.  In determining 
 11.35  the merit of an agency comment, the board shall consider the 
 11.36  involvement of the agency in the development of the local plan. 
 12.1      Subd. 2.  [PLAN CONTENTS.] A comprehensive wetland 
 12.2   protection and management plan may: 
 12.3      (1) provide for classification of wetlands in the plan area 
 12.4   based on: 
 12.5      (i) an inventory of wetlands in the plan area; 
 12.6      (ii) an assessment of the wetland functions listed in 
 12.7   section 103B.3355, using a methodology chosen by the technical 
 12.8   evaluation panel from one of the methodologies established or 
 12.9   approved by the board under that section; and 
 12.10     (iii) the resulting public values; 
 12.11     (2) vary application of the sequencing standards in section 
 12.12  103G.222, subdivision 1, paragraph (b), for projects based on 
 12.13  the classification and criteria set forth in the plan; 
 12.14     (3) vary the replacement standards of section 103G.222, 
 12.15  subdivision 1, paragraphs (f) and (g), based on the 
 12.16  classification and criteria set forth in the plan, for specific 
 12.17  wetland impacts provided there is no net loss of public values 
 12.18  within the area subject to the plan, and so long as: 
 12.19     (i) in a 50 to 80 percent area, a minimum acreage 
 12.20  requirement of one acre of replaced wetland for each acre of 
 12.21  drained or filled wetland requiring replacement is met within 
 12.22  the area subject to the plan; and 
 12.23     (ii) in a less than 50 percent area, a minimum acreage 
 12.24  requirement of two acres of replaced wetland for each acre of 
 12.25  drained or filled wetland requiring replacement is met within 
 12.26  the area subject to the plan, except that replacement for the 
 12.27  amount above a 1:1 ratio can be accomplished as described 
 12.28  in section 103G.2242, subdivision 12; 
 12.29     (4) in a greater than 80 percent area, allow replacement 
 12.30  credit, based on the classification and criteria set forth in 
 12.31  the plan, for any project that increases the public value of 
 12.32  wetlands, including activities on adjacent upland acres; and 
 12.33     (5) in a greater than 80 percent area, based on the 
 12.34  classification and criteria set forth in the plan, expand the 
 12.35  application of the exemptions in section 103G.2241, subdivision 
 12.36  1, paragraph (a), clause (4), to also include nonagricultural 
 13.1   land, provided there is no net loss of wetland values. 
 13.2      Subd. 3.  [BOARD REVIEW AND APPROVAL; MEDIATION; JUDICIAL 
 13.3   REVIEW.] (a) The plan is deemed approved 60 days after the local 
 13.4   government submits the final plan to the board, unless the board 
 13.5   disagrees with the plan as provided in paragraph (d). 
 13.6      (b) The board may not disapprove a plan if the board 
 13.7   determines the plan meets the requirements of this section. 
 13.8      (c) In its review of a plan, the board shall advise the 
 13.9   local government unit of those elements of the plan that are 
 13.10  more restrictive than state law and rules for purposes of 
 13.11  section 103G.237, subdivision 5. 
 13.12     (d) If the board disagrees with the plan or any elements of 
 13.13  the plan, the board shall, in writing, notify the local 
 13.14  government of the plan deficiencies and suggested changes.  The 
 13.15  board shall include in the response to the local government the 
 13.16  scientific justification, if applicable, for the board's 
 13.17  concerns with the plan.  Upon receipt of the board's concerns 
 13.18  with the plan, the local government has 60 days to revise the 
 13.19  plan and resubmit the plan to the board for reconsideration, or 
 13.20  the local government may request a hearing before the board.  
 13.21  The board shall hold a hearing within the boundaries of the 
 13.22  jurisdiction of the local government within 60 days of the 
 13.23  request for hearing.  After the hearing, the board shall, within 
 13.24  60 days, prepare a report of its decision and inform the local 
 13.25  government. 
 13.26     (e) If, after the hearing, the board and local government 
 13.27  disagree on the plan, the board shall, within 60 days, initiate 
 13.28  mediation through a neutral party.  If the board and local 
 13.29  government unit agree in writing not to use mediation or the 
 13.30  mediation does not result in a resolution of the differences 
 13.31  between the parties, then the board may commence a declaratory 
 13.32  judgment action in the district court of the county where the 
 13.33  local government unit is located.  If the board does not 
 13.34  commence a declaratory judgment action within the applicable 
 13.35  60-day period, the plan is deemed approved. 
 13.36     (f) The declaratory judgment action must be commenced 
 14.1   within 60 days after the date of the written agreement not to 
 14.2   use mediation or 60 days after conclusion of the mediation.  If 
 14.3   the board commences a declaratory judgment action, the district 
 14.4   court shall review the board's record of decision and the record 
 14.5   of decision of the local government unit.  The district court 
 14.6   shall affirm the plan if it meets the requirements of this 
 14.7   subdivision section. 
 14.8      Subd. 4.  [EFFECTIVE DATE; REPLACEMENT DECISIONS.] (a) The 
 14.9   plan becomes effective as provided in subdivision 3, paragraphs 
 14.10  (d) to (f), and after adoption of the plan into the official 
 14.11  controls of the local government. 
 14.12     (b) After the effective date of a plan, a local government 
 14.13  unit shall make replacement decisions consistent with the plan. 
 14.14     Subd. 5.  [PLAN AMENDMENTS.] Amendments to the plan become 
 14.15  effective upon completion of the same process required for the 
 14.16  original plan. 
 14.17     Subd. 6.  [WATER PLANNING PROCESSES APPLY.] Except as 
 14.18  otherwise provided for in this section, all other requirements 
 14.19  relating to development of the plan must be consistent with the 
 14.20  water plan processes under sections 103B.231 and 103B.311. 
 14.21     Sec. 12.  [CORRECTION 61.] 1996 S.F. No. 1997, section 1, 
 14.22  if enacted, is amended by adding a subdivision to read: 
 14.23     Subd. 9.  [TAX INCREMENT FINANCING.] This section does not 
 14.24  apply to assistance provided by tax increment financing. 
 14.25     Sec. 13.  [CORRECTION 62.] Minnesota Statutes 1994, section 
 14.26  256B.501, subdivision 5d, as added by 1996 H.F. No. 1584, 
 14.27  article 3, section 6, if enacted, is amended to read: 
 14.28     Subd. 5d.  [ADJUSTMENT FOR OUTREACH CRISIS SERVICES.] An 
 14.29  ICF/MR with crisis services developed under the authority of 
 14.30  Laws 1992, chapter 513, article 9, section 40, shall have its 
 14.31  operating cost per diem calculated according to paragraphs (a) 
 14.32  and (b). 
 14.33     (a) Effective for services rendered from April 1, 1996, to 
 14.34  September 30, 1996, and for rate years beginning on or after 
 14.35  October 1, 1996, the maintenance limitation in Minnesota Rules, 
 14.36  part 9553.0050, subpart 1, item A, subitem (2), shall be 
 15.1   calculated to reflect capacity as of October 1, 1992.  The 
 15.2   maintenance limit shall be the per diem limitation otherwise in 
 15.3   effect adjusted by the ratio of licensed capacity days as of 
 15.4   October 1, 1992, divided by resident days in the reporting year 
 15.5   ending December 31, 1993. 
 15.6      (b) Effective for services rendered from April 1, 1996, to 
 15.7   September 30, 1996, and for rate years beginning on or after 
 15.8   October 1, 1996, the operating cost per service unit, for 
 15.9   purposes of the cost per service unit limit in section 256B.501, 
 15.10  subdivision 5b, paragraph (d), clauses (7) and (8), shall be 
 15.11  calculated after excluding the costs directly identified to the 
 15.12  provision of outreach crisis services and a four-bed crisis unit.
 15.13     (c) The efficiency incentive paid to an ICF/MR shall not be 
 15.14  increased as a result of this subdivision. 
 15.15     Sec. 14.  [CORRECTION 62A.] 1996 H.F. No. 1584, article 2, 
 15.16  section 62, if enacted, is amended to read: 
 15.17     Sec. 62.  [EFFECTIVE DATE; APPLICATION.] 
 15.18     (a) Sections 12, 14, 16, 18, 29, 30, and the portion of 
 15.19  section 61 that repeals section 256B.15, subdivision 5, are 
 15.20  effective the day following final enactment to the extent 
 15.21  permitted by federal law.  If any provisions of these sections 
 15.22  are prohibited by federal law, the provisions shall become 
 15.23  effective when federal law is changed to permit their 
 15.24  application or a waiver is received.  The commissioner of human 
 15.25  services shall notify the revisor of statutes when federal law 
 15.26  is enacted or a waiver is received and publish a notice in the 
 15.27  State Register.  The commissioner must include the notice in the 
 15.28  first State Register published after the effective date of the 
 15.29  federal changes.  
 15.30     (b) If, by July 1, 1996, any provisions of the sections 
 15.31  mentioned in paragraph (a) are not effective because of 
 15.32  prohibitions in federal law, the commissioner shall apply to the 
 15.33  federal government for a waiver of those prohibitions, and those 
 15.34  provisions shall become effective upon receipt of a federal 
 15.35  waiver, notification to the revisor of statutes, and publication 
 15.36  of a notice in the State Register to that effect.  If the 
 16.1   commissioner applies for a waiver of the lookback period, the 
 16.2   commissioner shall seek the longest lookback period the health 
 16.3   care financing administration will approve, not to exceed 72 
 16.4   months. 
 16.5      (c) Section 54 applies to estates of decedents dying on or 
 16.6   after its effective date.  Section 55 applies to estates where 
 16.7   the notice under Minnesota Statutes, section 524.3-801, 
 16.8   paragraph (a), was first published on or after its effective 
 16.9   date.  Section 55 does not affect any right or duty to provide 
 16.10  notice to known creditors, including a local agency, before its 
 16.11  effective date. 
 16.12     (d) Sections 7, 13, 15, 17, 33, 34, 35, 38, and 60 are 
 16.13  effective the day following final enactment. 
 16.14     (e) Section 11 is effective retroactive to October 1, 1993. 
 16.15     (f) Sections 8, 22, subdivision 3, and 34 are effective 
 16.16  upon federal approval. 
 16.17     (g) Sections 10 and 31 are effective upon receipt of 
 16.18  federal approval, retroactive to January 1, 1996. 
 16.19     Sec. 15.  [CORRECTION 62B.] Minnesota Statutes 1995 
 16.20  Supplement, section 256B.431, subdivision 25, as amended by 1996 
 16.21  H.F. No. 1584, article 3, section 3, if enacted, is amended to 
 16.22  read: 
 16.23     Subd. 25.  [CHANGES TO NURSING FACILITY REIMBURSEMENT 
 16.24  BEGINNING JULY 1, 1995.] The nursing facility reimbursement 
 16.25  changes in paragraphs (a) to (h) (g) shall apply in the sequence 
 16.26  specified to Minnesota Rules, parts 9549.0010 to 9549.0080, and 
 16.27  this section, beginning July 1, 1995. 
 16.28     (a) The eight-cent adjustment to care-related rates in 
 16.29  subdivision 22, paragraph (e), shall no longer apply. 
 16.30     (b) For rate years beginning on or after July 1, 1995, the 
 16.31  commissioner shall limit a nursing facility's allowable 
 16.32  operating per diem for each case mix category for each rate year 
 16.33  as in clauses (1) to (3). 
 16.34     (1) For the rate year beginning July 1, 1995, the 
 16.35  commissioner shall group nursing facilities into two groups, 
 16.36  freestanding and nonfreestanding, within each geographic group, 
 17.1   using their operating cost per diem for the case mix A 
 17.2   classification.  A nonfreestanding nursing facility is a nursing 
 17.3   facility whose other operating cost per diem is subject to the 
 17.4   hospital attached, short length of stay, or the rule 80 limits.  
 17.5   All other nursing facilities shall be considered freestanding 
 17.6   nursing facilities.  The commissioner shall then array all 
 17.7   nursing facilities in each grouping by their allowable case mix 
 17.8   A operating cost per diem.  In calculating a nursing facility's 
 17.9   operating cost per diem for this purpose, the commissioner shall 
 17.10  exclude the raw food cost per diem related to providing special 
 17.11  diets that are based on religious beliefs, as determined in 
 17.12  subdivision 2b, paragraph (h).  For those nursing facilities in 
 17.13  each grouping whose case mix A operating cost per diem: 
 17.14     (i) is at or below the median minus 1.0 standard deviation 
 17.15  of the array, the commissioner shall limit the nursing 
 17.16  facility's allowable operating cost per diem for each case mix 
 17.17  category to the lesser of the prior reporting year's allowable 
 17.18  operating cost per diems plus the inflation factor as 
 17.19  established in paragraph (f), clause (2), increased by six 
 17.20  percentage points, or the current reporting year's corresponding 
 17.21  allowable operating cost per diem; 
 17.22     (ii) is between minus .5 standard deviation and minus 1.0 
 17.23  standard deviation below the median of the array, the 
 17.24  commissioner shall limit the nursing facility's allowable 
 17.25  operating cost per diem for each case mix category to the lesser 
 17.26  of the prior reporting year's allowable operating cost per diems 
 17.27  plus the inflation factor as established in paragraph (f), 
 17.28  clause (2), increased by four percentage points, or the current 
 17.29  reporting year's corresponding allowable operating cost per 
 17.30  diem; or 
 17.31     (iii) is equal to or above minus .5 standard deviation 
 17.32  below the median of the array, the commissioner shall limit the 
 17.33  nursing facility's allowable operating cost per diem for each 
 17.34  case mix category to the lesser of the prior reporting year's 
 17.35  allowable operating cost per diems plus the inflation factor as 
 17.36  established in paragraph (f), clause (2), increased by three 
 18.1   percentage points, or the current reporting year's corresponding 
 18.2   allowable operating cost per diem. 
 18.3      (2) For the rate year beginning on July 1, 1996, the 
 18.4   commissioner shall limit the nursing facility's allowable 
 18.5   operating cost per diem for each case mix category to the lesser 
 18.6   of the prior reporting year's allowable operating cost per diems 
 18.7   plus the inflation factor as established in paragraph (f), 
 18.8   clause (2), increased by one percentage point or the current 
 18.9   reporting year's corresponding allowable operating cost per 
 18.10  diems; and 
 18.11     (3) For rate years beginning on or after July 1, 1997, the 
 18.12  commissioner shall limit the nursing facility's allowable 
 18.13  operating cost per diem for each case mix category to the lesser 
 18.14  of the reporting year prior to the current reporting year's 
 18.15  allowable operating cost per diems plus the inflation factor as 
 18.16  established in paragraph (f), clause (2), or the current 
 18.17  reporting year's corresponding allowable operating cost per 
 18.18  diems. 
 18.19     (c) For rate years beginning on July 1, 1995, the 
 18.20  commissioner shall limit the allowable operating cost per diems 
 18.21  for high cost nursing facilities.  After application of the 
 18.22  limits in paragraph (b) to each nursing facility's operating 
 18.23  cost per diems, the commissioner shall group nursing facilities 
 18.24  into two groups, freestanding or nonfreestanding, within each 
 18.25  geographic group.  A nonfreestanding nursing facility is a 
 18.26  nursing facility whose other operating cost per diems are 
 18.27  subject to hospital attached, short length of stay, or rule 80 
 18.28  limits.  All other nursing facilities shall be considered 
 18.29  freestanding nursing facilities.  The commissioner shall then 
 18.30  array all nursing facilities within each grouping by their 
 18.31  allowable case mix A operating cost per diems.  In calculating a 
 18.32  nursing facility's operating cost per diem for this purpose, the 
 18.33  commissioner shall exclude the raw food cost per diem related to 
 18.34  providing special diets that are based on religious beliefs, as 
 18.35  determined in subdivision 2b, paragraph (h).  For those nursing 
 18.36  facilities in each grouping whose case mix A operating cost per 
 19.1   diem exceeds 1.0 standard deviation above the median, the 
 19.2   commissioner shall reduce their allowable operating cost per 
 19.3   diems by two percent.  For those nursing facilities in each 
 19.4   grouping whose case mix A operating cost per diem exceeds 0.5 
 19.5   standard deviation above the median but is less than or equal to 
 19.6   1.0 standard deviation above the median, the commissioner shall 
 19.7   reduce their allowable operating cost per diems by one percent. 
 19.8      (d) For rate years beginning on or after July 1, 1996, the 
 19.9   commissioner shall limit the allowable operating cost per diems 
 19.10  for high cost nursing facilities.  After application of the 
 19.11  limits in paragraph (b) to each nursing facility's operating 
 19.12  cost per diems, the commissioner shall group nursing facilities 
 19.13  into two groups, freestanding or nonfreestanding, within each 
 19.14  geographic group.  A nonfreestanding nursing facility is a 
 19.15  nursing facility whose other operating cost per diems are 
 19.16  subject to hospital attached, short length of stay, or rule 80 
 19.17  limits.  All other nursing facilities shall be considered 
 19.18  freestanding nursing facilities.  The commissioner shall then 
 19.19  array all nursing facilities within each grouping by their 
 19.20  allowable case mix A operating cost per diems.  In calculating a 
 19.21  nursing facility's operating cost per diem for this purpose, the 
 19.22  commissioner shall exclude the raw food cost per diem related to 
 19.23  providing special diets that are based on religious beliefs, as 
 19.24  determined in subdivision 2b, paragraph (h).  In those nursing 
 19.25  facilities in each grouping whose case mix A operating cost per 
 19.26  diem exceeds 1.0 standard deviation above the median, the 
 19.27  commissioner shall reduce their allowable operating cost per 
 19.28  diems by three percent.  For those nursing facilities in each 
 19.29  grouping whose case mix A operating cost per diem exceeds 0.5 
 19.30  standard deviation above the median but is less than or equal to 
 19.31  1.0 standard deviation above the median, the commissioner shall 
 19.32  reduce their allowable operating cost per diems by two percent. 
 19.33     (e) For rate years beginning on or after July 1, 1995, the 
 19.34  commissioner shall determine a nursing facility's efficiency 
 19.35  incentive by first computing the allowable difference, which is 
 19.36  the lesser of $4.50 or the amount by which the facility's other 
 20.1   operating cost limit exceeds its nonadjusted other operating 
 20.2   cost per diem for that rate year.  The commissioner shall 
 20.3   compute the efficiency incentive by: 
 20.4      (1) subtracting the allowable difference from $4.50 and 
 20.5   dividing the result by $4.50; 
 20.6      (2) multiplying 0.20 by the ratio resulting from clause 
 20.7   (1), and then; 
 20.8      (3) adding 0.50 to the result from clause (2); and 
 20.9      (4) multiplying the result from clause (3) times the 
 20.10  allowable difference. 
 20.11     The nursing facility's efficiency incentive payment shall 
 20.12  be the lesser of $2.25 or the product obtained in clause (4). 
 20.13     (f) For rate years beginning on or after July 1, 1995, the 
 20.14  forecasted price index for a nursing facility's allowable 
 20.15  operating cost per diems shall be determined under clauses (1) 
 20.16  to (3) using the change in the Consumer Price Index-All Items 
 20.17  (United States city average) (CPI-U) or the change in the 
 20.18  Nursing Home Market Basket, both as forecasted by Data Resources 
 20.19  Inc., whichever is applicable.  The commissioner shall use the 
 20.20  indices as forecasted in the fourth quarter of the calendar year 
 20.21  preceding the rate year, subject to subdivision 2l, paragraph 
 20.22  (c).  If, as a result of federal legislative or administrative 
 20.23  action, the methodology used to calculate the Consumer Price 
 20.24  Index-All Items (United States city average) (CPI-U) changes, 
 20.25  the commissioner shall develop a conversion factor or other 
 20.26  methodology to convert the CPI-U index factor that results from 
 20.27  the new methodology to an index factor that approximates, as 
 20.28  closely as possible, the index factor that would have resulted 
 20.29  from application of the original CPI-U methodology prior to any 
 20.30  changes in methodology.  The commissioner shall use the 
 20.31  conversion factor or other methodology to calculate an adjusted 
 20.32  inflation index.  The adjusted inflation index must be used to 
 20.33  calculate payment rates under this section instead of the CPI-U 
 20.34  index specified in paragraph (d).  If the commissioner is 
 20.35  required to develop an adjusted inflation index, the 
 20.36  commissioner shall report to the legislature as part of the next 
 21.1   budget submission the fiscal impact of applying this index. 
 21.2      (1) The CPI-U forecasted index for allowable operating cost 
 21.3   per diems shall be based on the 21-month period from the 
 21.4   midpoint of the nursing facility's reporting year to the 
 21.5   midpoint of the rate year following the reporting year. 
 21.6      (2) The Nursing Home Market Basket forecasted index for 
 21.7   allowable operating costs and per diem limits shall be based on 
 21.8   the 12-month period between the midpoints of the two reporting 
 21.9   years preceding the rate year. 
 21.10     (3) For rate years beginning on or after July 1, 1996, the 
 21.11  forecasted index for operating cost limits referred to in 
 21.12  subdivision 21, paragraph (b), shall be based on the CPI-U for 
 21.13  the 12-month period between the midpoints of the two reporting 
 21.14  years preceding the rate year. 
 21.15     (g) After applying these provisions for the respective rate 
 21.16  years, the commissioner shall index these allowable operating 
 21.17  costs per diems by the inflation factor provided for in 
 21.18  paragraph (f), clause (1), and add the nursing facility's 
 21.19  efficiency incentive as computed in paragraph (e). 
 21.20     (h) A nursing facility licensed for 302 beds on September 
 21.21  30, 1993, that was approved under the moratorium exception 
 21.22  process in section 144A.073 for a partial replacement, and 
 21.23  completed the replacement project in December 1994, is exempt 
 21.24  from paragraphs (b) to (d) for rate years beginning on or after 
 21.25  July 1, 1995. 
 21.26     (i) Notwithstanding section 11, paragraph (h), for the rate 
 21.27  years beginning on July 1, 1996, July 1, 1997, and July 1, 1998, 
 21.28  a nursing facility licensed for 40 beds effective May 1, 1992, 
 21.29  with a subsequent increase of 20 Medicare/Medicaid certified 
 21.30  beds, effective January 26, 1993, in accordance with an increase 
 21.31  in licensure is exempt from paragraphs (b) to (d).