Minnesota Legislature
SF 3781
as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am
3.22 3.23
3.24 3.25 3.26 3.27 3.28 3.29 3.30 3.31 3.32 3.33 3.34 3.35 3.36 3.37 4.1 4.2
4.3 4.4
4.5 4.6 4.7 4.8 4.9 4.10 4.11 4.12 4.13 4.14 4.15 4.16 4.17 4.18 4.19 4.20 4.21 4.22 4.23 4.24 4.25 4.26 4.27 4.28 5.1 5.2 5.3 5.4 5.5 5.6 5.7 5.8 5.9 5.10 5.11 5.12 5.13 5.14 5.15 5.16 5.17 5.18 5.19 5.20 5.21 5.22 5.23 5.24 5.25 5.26 5.27 5.28 5.29
5.30 5.31 5.32 5.33 6.1 6.2
6.3 6.4 6.5 6.6 6.7 6.8 6.9 6.10 6.11 6.12 6.13 6.14 6.15 6.16 6.17 6.18 6.19 6.20 6.21 6.22 6.23 6.24 6.25 6.26 6.27 6.28 6.29 6.30 6.31 6.32 6.33
7.1 7.2 7.3 7.4 7.5 7.6 7.7
7.8 7.9 7.10 7.11 7.12 7.13 7.14 7.15 7.16 7.17 7.18 7.19 7.20
7.21 7.22 7.23 7.24 7.25 7.26 7.27 7.28 7.29 7.30 7.31 7.32
8.1 8.2 8.3 8.4 8.5 8.6 8.7 8.8 8.9 8.10 8.11 8.12 8.13 8.14 8.15 8.16 8.17 8.18 8.19 8.20 8.21 8.22 8.23 8.24 8.25 8.26 8.27 8.28 8.29 8.30 8.31 8.32 8.33 8.34 8.35 8.36 9.1 9.2 9.3 9.4 9.5 9.6 9.7 9.8 9.9
9.10
9.11 9.12 9.13 9.14 9.15 9.16 9.17 9.18 9.19 9.20 9.21 9.22 9.23 9.24 9.25 9.26 9.27
9.28
9.29 9.30 9.31 9.32 9.33 10.1 10.2 10.3 10.4 10.5 10.6 10.7 10.8 10.9 10.10 10.11 10.12 10.13 10.14 10.15 10.16 10.17 10.18 10.19 10.20 10.21 10.22 10.23 10.24 10.25 10.26 10.27 10.28 10.29 10.30 10.31 10.32 10.33 10.34 10.35
11.1 11.2 11.3 11.4 11.5 11.6 11.7 11.8 11.9 11.10 11.11 11.12 11.13 11.14 11.15 11.16 11.17 11.18
11.19 11.20 11.21 11.22 11.23 11.24 11.25 11.26 11.27 11.28
11.29 11.30 11.31 11.32 11.33 11.34 12.1 12.2 12.3 12.4 12.5 12.6 12.7 12.8 12.9 12.10 12.11 12.12 12.13 12.14 12.15 12.16 12.17 12.18 12.19 12.20 12.21 12.22 12.23 12.24 12.25 12.26 12.27
12.28 12.29 12.30 12.31 12.32 12.33 12.34 13.1 13.2 13.3 13.4 13.5
13.6 13.7 13.8 13.9 13.10 13.11 13.12 13.13
13.14 13.15 13.16 13.17 13.18 13.19 13.20 13.21 13.22 13.23 13.24 13.25 13.26 13.27 13.28 13.29 13.30 13.31 13.32 13.33 13.34 14.1 14.2 14.3 14.4 14.5 14.6 14.7 14.8 14.9 14.10 14.11 14.12
14.13 14.14 14.15 14.16 14.17 14.18 14.19 14.20 14.21 14.22 14.23 14.24 14.25 14.26 14.27 14.28 14.29 14.30 14.31 14.32 14.33 14.34 14.35 15.1 15.2 15.3 15.4 15.5 15.6 15.7 15.8 15.9 15.10 15.11 15.12 15.13 15.14 15.15 15.16 15.17 15.18 15.19 15.20 15.21 15.22 15.23 15.24 15.25 15.26 15.27 15.28 15.29 15.30 15.31 15.32 15.33 15.34 15.35 15.36 16.1 16.2 16.3 16.4 16.5 16.6 16.7 16.8 16.9 16.10 16.11 16.12 16.13 16.14 16.15 16.16 16.17 16.18 16.19 16.20 16.21 16.22 16.23 16.24 16.25 16.26 16.27 16.28 16.29 16.30 16.31 16.32 16.33
16.34 16.35
17.1 17.2 17.3 17.4
17.5 17.6 17.7 17.8 17.9 17.10 17.11 17.12 17.13 17.14 17.15 17.16 17.17 17.18 17.19 17.20 17.21 17.22 17.23 17.24 17.25 17.26
17.27 17.28 17.29 17.30 17.31 17.32 17.33 17.34 18.1 18.2 18.3 18.4 18.5 18.6 18.7 18.8 18.9 18.10 18.11 18.12 18.13 18.14 18.15 18.16
18.17 18.18 18.19 18.20 18.21 18.22 18.23 18.24 18.25 18.26 18.27 18.28 18.29
18.30 18.31 18.32 18.33 19.1 19.2 19.3 19.4 19.5 19.6 19.7 19.8 19.9 19.10 19.11 19.12 19.13 19.14 19.15 19.16
19.17 19.18 19.19 19.20
19.21 19.22 19.23 19.24 19.25 19.26 19.27 19.28 19.29
19.30 19.31 19.32 20.1 20.2
20.3 20.4 20.5 20.6 20.7
20.8 20.9 20.10 20.11 20.12 20.13 20.14 20.15 20.16 20.17 20.18 20.19 20.20 20.21 20.22 20.23 20.24 20.25 20.26 20.27 20.28 20.29 20.30 20.31 20.32 20.33 20.34 21.1 21.2 21.3 21.4 21.5 21.6 21.7 21.8 21.9 21.10
21.11 21.12 21.13 21.14 21.15 21.16 21.17 21.18 21.19 21.20 21.21 21.22 21.23 21.24 21.25 21.26 21.27 21.28 21.29 21.30 21.31 21.32 21.33 21.34 22.1 22.2 22.3 22.4 22.5 22.6 22.7 22.8 22.9 22.10 22.11 22.12 22.13 22.14 22.15
22.16 22.17 22.18 22.19 22.20 22.21 22.22 22.23 22.24 22.25 22.26 22.27 22.28 22.29 22.30 22.31 22.32 22.33 22.34 22.35 23.1 23.2 23.3 23.4 23.5 23.6 23.7 23.8 23.9 23.10 23.11 23.12 23.13 23.14 23.15 23.16 23.17 23.18 23.19 23.20 23.21 23.22 23.23 23.24 23.25 23.26 23.27 23.28 23.29 23.30 23.31 23.32 23.33 23.34 23.35 23.36 24.1 24.2 24.3 24.4 24.5 24.6 24.7 24.8
24.9 24.10 24.11 24.12 24.13 24.14 24.15 24.16 24.17 24.18 24.19 24.20 24.21 24.22 24.23 24.24 24.25 24.26 24.27 24.28 24.29 24.30 24.31 24.32 24.33 24.34 25.1 25.2 25.3 25.4 25.5 25.6 25.7 25.8 25.9 25.10 25.11
25.12 25.13 25.14 25.15 25.16 25.17 25.18 25.19 25.20 25.21 25.22 25.23 25.24 25.25 25.26 25.27 25.28 25.29 25.30 25.31 25.32 25.33 26.1 26.2 26.3
26.4 26.5 26.6 26.7 26.8 26.9 26.10 26.11 26.12 26.13 26.14 26.15 26.16 26.17 26.18 26.19 26.20 26.21 26.22 26.23 26.24 26.25 26.26 26.27 26.28 26.29 26.30 26.31 26.32 26.33 26.34 27.1 27.2 27.3 27.4 27.5
27.6 27.7 27.8 27.9 27.10 27.11 27.12 27.13 27.14 27.15 27.16
27.17 27.18 27.19 27.20 27.21 27.22 27.23 27.24 27.25 27.26 27.27 27.28 27.29 27.30 27.31 27.32 27.33 28.1 28.2 28.3 28.4 28.5 28.6 28.7 28.8
28.9 28.10 28.11 28.12 28.13 28.14 28.15 28.16 28.17 28.18 28.19 28.20 28.21 28.22 28.23 28.24
28.25 28.26 28.27 28.28 28.29 28.30 28.31 29.1 29.2 29.3 29.4 29.5 29.6 29.7 29.8 29.9
29.10 29.11 29.12 29.13 29.14 29.15 29.16 29.17
29.18 29.19 29.20 29.21 29.22 29.23 29.24 29.25 29.26 29.27 29.28 29.29 29.30 30.1 30.2 30.3
30.4 30.5 30.6 30.7 30.8 30.9 30.10 30.11 30.12 30.13 30.14
30.15 30.16 30.17 30.18 30.19 30.20 30.21 30.22 30.23 30.24 30.25 30.26 30.27 30.28 30.29
30.30 30.31 30.32 30.33 31.1 31.2 31.3 31.4 31.5 31.6 31.7 31.8 31.9 31.10 31.11 31.12 31.13 31.14
31.15
31.16 31.17 31.18 31.19 31.20 31.21 31.22 31.23 31.24 31.25 31.26 31.27 31.28 31.29 31.30 31.31 31.32 32.1 32.2 32.3 32.4 32.5 32.6 32.7 32.8 32.9 32.10 32.11 32.12 32.13 32.14 32.15 32.16 32.17 32.18 32.19 32.20 32.21 32.22 32.23
32.24
32.25 32.26 32.27 32.28 32.29 32.30 33.1 33.2 33.3 33.4 33.5 33.6 33.7 33.8 33.9 33.10 33.11 33.12 33.13 33.14 33.15 33.16 33.17 33.18 33.19 33.20 33.21 33.22 33.23 33.24 33.25 33.26 33.27 33.28 33.29
33.30 33.31 33.32 33.33 33.34 33.35 34.1 34.2 34.3 34.4 34.5 34.6 34.7 34.8 34.9 34.10 34.11 34.12 34.13 34.14 34.15 34.16 34.17
34.18 34.19 34.20 34.21 34.22 34.23 34.24 34.25 34.26 34.27 34.28 34.29 34.30 34.31 34.32 34.33 35.1 35.2 35.3 35.4 35.5 35.6 35.7 35.8 35.9 35.10 35.11 35.12 35.13 35.14 35.15 35.16 35.17 35.18 35.19 35.20 35.21 35.22 35.23 35.24 35.25
35.26 35.27 35.28 35.29
36.1 36.2
36.3 36.4 36.5 36.6 36.7 36.8 36.9 36.10 36.11 36.12 36.13 36.14 36.15 36.16 36.17 36.18 36.19 36.20 36.21 36.22 36.23 36.24
36.25 36.26 36.27 36.28 36.29 36.30 36.31 36.32 36.33 36.34 37.1 37.2 37.3 37.4 37.5 37.6 37.7 37.8 37.9 37.10 37.11 37.12 37.13 37.14 37.15 37.16 37.17 37.18 37.19 37.20 37.21 37.22 37.23
37.24 37.25 37.26 37.27 37.28 37.29 37.30 37.31 37.32 37.33 37.34 37.35 38.1 38.2 38.3 38.4 38.5 38.6 38.7 38.8 38.9 38.10 38.11 38.12 38.13 38.14 38.15 38.16 38.17 38.18 38.19 38.20 38.21 38.22 38.23
38.24 38.25 38.26 38.27 38.28 38.29 38.30 38.31 38.32 38.33 38.34 38.35
39.1 39.2 39.3 39.4 39.5 39.6 39.7 39.8 39.9 39.10 39.11 39.12 39.13 39.14 39.15 39.16 39.17 39.18 39.19 39.20 39.21 39.22 39.23 39.24 39.25 39.26 39.27 39.28 39.29 39.30 39.31 39.32 39.33
39.34 40.1 40.2 40.3 40.4 40.5 40.6 40.7 40.8 40.9 40.10 40.11 40.12 40.13
40.14 40.15 40.16 40.17
40.18 40.19 40.20 40.21 40.22 40.23 40.24 40.25 40.26 40.27 40.28 40.29 40.30 40.31 40.32 40.33 40.34 41.1 41.2 41.3 41.4 41.5 41.6 41.7 41.8 41.9 41.10 41.11 41.12 41.13
41.14 41.15 41.16 41.17 41.18 41.19 41.20 41.21 41.22 41.23 41.24 41.25 41.26 41.27 41.28
41.29 41.30 41.31 41.32 41.33 41.34 42.1 42.2 42.3 42.4 42.5 42.6 42.7 42.8 42.9 42.10 42.11 42.12 42.13 42.14 42.15 42.16 42.17 42.18 42.19 42.20 42.21 42.22
42.23 42.24 42.25 42.26 42.27 42.28 42.29 42.30 42.31 42.32 42.33 42.34 42.35 43.1 43.2 43.3 43.4 43.5 43.6 43.7 43.8 43.9 43.10 43.11 43.12 43.13 43.14 43.15 43.16 43.17 43.18 43.19 43.20 43.21 43.22 43.23 43.24
43.25 43.26 43.27 43.28 43.29 43.30 43.31 43.32 43.33 43.34 44.1 44.2 44.3 44.4 44.5 44.6 44.7 44.8 44.9 44.10 44.11 44.12 44.13 44.14
44.15 44.16
44.17 44.18 44.19 44.20 44.21 44.22 44.23 44.24 44.25 44.26 44.27 44.28 44.29
44.30 44.31
44.32 44.33 45.1 45.2 45.3 45.4
45.5
45.6 45.7 45.8 45.9 45.10 45.11 45.12 45.13 45.14 45.15 45.16 45.17 45.18 45.19 45.20 45.21 45.22 45.23 45.24 45.25 45.26 45.27 45.28 45.29 45.30 45.31 45.32 45.33 45.34 45.35 46.1 46.2 46.3 46.4 46.5 46.6 46.7 46.8 46.9 46.10 46.11
46.12 46.13 46.14 46.15 46.16 46.17 46.18 46.19 46.20 46.21 46.22 46.23
46.24
46.25 46.26 46.27 46.28 46.29 46.30 46.31 46.32 46.33 47.1 47.2 47.3 47.4 47.5 47.6 47.7 47.8 47.9 47.10 47.11 47.12 47.13
47.14
47.15 47.16 47.17 47.18 47.19 47.20 47.21 47.22 47.23 47.24 47.25 47.26 47.27
47.28
47.29 47.30 47.31 47.32 48.1 48.2 48.3 48.4 48.5 48.6 48.7 48.8 48.9 48.10 48.11 48.12 48.13 48.14 48.15 48.16
48.17 48.18 48.19 48.20 48.21 48.22 48.23 48.24 48.25 48.26 48.27 48.28
48.29
48.30 48.31 48.32 48.33 49.1 49.2 49.3 49.4 49.5
49.6 49.7
49.8 49.9 49.10 49.11 49.12 49.13 49.14 49.15 49.16 49.17 49.18 49.19 49.20 49.21 49.22 49.23 49.24 49.25 49.26 49.27 49.28 49.29 49.30
49.31
49.32 50.1 50.2 50.3 50.4 50.5 50.6
50.7 50.8
50.9 50.10
50.11 50.12 50.13 50.14 50.15 50.16 50.17 50.18 50.19 50.20 50.21 50.22 50.23 50.24 50.25 50.26 50.27 50.28 50.29 50.30 50.31 50.32 50.33
51.1 51.2 51.3 51.4 51.5 51.6 51.7 51.8 51.9 51.10 51.11 51.12 51.13 51.14 51.15 51.16 51.17 51.18 51.19 51.20 51.21 51.22 51.23 51.24 51.25 51.26 51.27 51.28 51.29 51.30 51.31 51.32 51.33 51.34 51.35 51.36 52.1 52.2 52.3 52.4 52.5 52.6
52.7 52.8 52.9 52.10 52.11 52.12 52.13 52.14 52.15 52.16 52.17 52.18 52.19 52.20 52.21 52.22 52.23 52.24 52.25 52.26 52.27 52.28 52.29 52.30 52.31 52.32 52.33 52.34 52.35
53.1
53.2 53.3 53.4 53.5 53.6 53.7 53.8 53.9 53.10 53.11 53.12 53.13 53.14 53.15 53.16 53.17 53.18 53.19 53.20 53.21 53.22 53.23 53.24 53.25 53.26 53.27 53.28 53.29 53.30 53.31 53.32 53.33 53.34 54.1 54.2 54.3 54.4 54.5 54.6 54.7 54.8 54.9 54.10 54.11 54.12 54.13 54.14 54.15 54.16 54.17 54.18 54.19 54.20 54.21 54.22 54.23 54.24 54.25 54.26 54.27 54.28 54.29 54.30 54.31 54.32 54.33 54.34 54.35 54.36 55.1 55.2 55.3 55.4 55.5
55.6
55.7 55.8 55.9 55.10 55.11 55.12 55.13 55.14 55.15 55.16 55.17 55.18 55.19 55.20 55.21 55.22 55.23 55.24 55.25 55.26 55.27 55.28 55.29 55.30 55.31 55.32 55.33 55.34 56.1 56.2 56.3 56.4 56.5 56.6 56.7 56.8
56.9
56.10 56.11 56.12 56.13 56.14 56.15 56.16 56.17 56.18 56.19 56.20 56.21
56.22 56.23 56.24 56.25 56.26 56.27 56.28 56.29 56.30 56.31 56.32 56.33 56.34 57.1 57.2 57.3 57.4 57.5 57.6 57.7 57.8 57.9 57.10 57.11 57.12
57.13 57.14 57.15 57.16 57.17 57.18 57.19 57.20 57.21 57.22 57.23 57.24 57.25 57.26 57.27
57.28 57.29
57.30 57.31 57.32 57.33 58.1 58.2 58.3 58.4 58.5 58.6 58.7 58.8 58.9 58.10 58.11 58.12 58.13 58.14 58.15 58.16 58.17 58.18 58.19 58.20 58.21 58.22 58.23 58.24 58.25 58.26 58.27 58.28 58.29 58.30 58.31 58.32 58.33 58.34 58.35 58.36 59.1 59.2 59.3 59.4 59.5 59.6 59.7 59.8 59.9 59.10 59.11 59.12 59.13 59.14 59.15 59.16 59.17 59.18 59.19 59.20 59.21 59.22 59.23 59.24 59.25 59.26 59.27 59.28 59.29 59.30 59.31 59.32 59.33 59.34 59.35 60.1 60.2 60.3 60.4 60.5 60.6 60.7 60.8 60.9 60.10 60.11 60.12 60.13 60.14 60.15 60.16 60.17 60.18 60.19 60.20 60.21 60.22 60.23 60.24 60.25 60.26 60.27 60.28
60.29 60.30 60.31 60.32 60.33 60.34 60.35 61.1 61.2 61.3 61.4 61.5 61.6 61.7 61.8 61.9 61.10 61.11 61.12 61.13 61.14 61.15 61.16 61.17 61.18 61.19 61.20 61.21 61.22 61.23 61.24 61.25 61.26 61.27 61.28 61.29 61.30 61.31 61.32 61.33 61.34 61.35 61.36 62.1 62.2 62.3 62.4 62.5 62.6 62.7 62.8 62.9 62.10 62.11 62.12 62.13 62.14 62.15 62.16 62.17 62.18 62.19 62.20 62.21 62.22 62.23 62.24
62.25 62.26
62.27 62.28 62.29 62.30 62.31 62.32 62.33 62.34 62.35 63.1 63.2 63.3 63.4 63.5 63.6 63.7 63.8 63.9 63.10 63.11 63.12 63.13 63.14 63.15 63.16 63.17 63.18 63.19 63.20 63.21 63.22 63.23 63.24 63.25 63.26 63.27 63.28 63.29 63.30 63.31 63.32 63.33 63.34 63.35 63.36 64.1 64.2 64.3 64.4 64.5 64.6
64.7
64.8 64.9 64.10 64.11 64.12 64.13 64.14 64.15 64.16 64.17 64.18 64.19 64.20 64.21 64.22 64.23 64.24 64.25 64.26 64.27 64.28 64.29 64.30 64.31 64.32 64.33 64.34 65.1 65.2 65.3 65.4 65.5 65.6 65.7 65.8 65.9 65.10 65.11 65.12 65.13 65.14 65.15 65.16 65.17 65.18 65.19
65.20 65.21
65.22 65.23 65.24 65.25 65.26 65.27 65.28 65.29 65.30 65.31 65.32 65.33
66.1 66.2
66.3 66.4 66.5 66.6 66.7 66.8 66.9 66.10 66.11 66.12 66.13 66.14 66.15 66.16 66.17 66.18 66.19 66.20 66.21 66.22 66.23 66.24 66.25 66.26 66.27 66.28 66.29 66.30
66.31 66.32 66.33 66.34 67.1 67.2 67.3 67.4 67.5 67.6 67.7 67.8 67.9 67.10 67.11 67.12 67.13
67.14 67.15 67.16 67.17 67.18 67.19 67.20 67.21 67.22 67.23 67.24 67.25 67.26
67.27
67.28 67.29 67.30 67.31 67.32 67.33 67.34 68.1 68.2 68.3 68.4 68.5 68.6 68.7 68.8 68.9
68.10 68.11
68.12 68.13 68.14 68.15 68.16 68.17 68.18 68.19 68.20 68.21 68.22 68.23 68.24 68.25 68.26 68.27 68.28 68.29 68.30 68.31 68.32 68.33 68.34 68.35 69.1 69.2 69.3 69.4 69.5 69.6 69.7 69.8 69.9 69.10 69.11 69.12 69.13 69.14 69.15 69.16 69.17 69.18 69.19 69.20 69.21 69.22 69.23 69.24 69.25 69.26
69.27
69.28 69.29 69.30 69.31 69.32
69.33
70.1 70.2 70.3 70.4 70.5 70.6 70.7 70.8 70.9 70.10 70.11 70.12 70.13 70.14 70.15 70.16 70.17 70.18 70.19 70.20 70.21 70.22 70.23 70.24 70.25 70.26 70.27 70.28 70.29 70.30 70.31 70.32 70.33 70.34 70.35 70.36 71.1 71.2 71.3 71.4 71.5 71.6 71.7 71.8 71.9 71.10 71.11 71.12 71.13 71.14 71.15 71.16 71.17 71.18 71.19 71.20 71.21 71.22 71.23 71.24 71.25 71.26 71.27 71.28 71.29 71.30 71.31 71.32 71.33 71.34 71.35 71.36 72.1 72.2 72.3 72.4 72.5 72.6 72.7 72.8 72.9 72.10 72.11 72.12 72.13 72.14 72.15 72.16 72.17 72.18 72.19 72.20 72.21 72.22 72.23 72.24 72.25 72.26 72.27 72.28 72.29 72.30 72.31 72.32 72.33 72.34 72.35 72.36
73.1
73.2 73.3 73.4 73.5 73.6 73.7 73.8 73.9 73.10 73.11 73.12 73.13 73.14 73.15 73.16 73.17 73.18 73.19 73.20 73.21 73.22 73.23 73.24 73.25 73.26 73.27 73.28 73.29 73.30 73.31
73.32
73.33 74.1 74.2 74.3 74.4 74.5 74.6 74.7 74.8 74.9 74.10 74.11 74.12 74.13 74.14 74.15 74.16 74.17 74.18 74.19
74.20 74.21 74.22 74.23 74.24 74.25 74.26 74.27 74.28 74.29 74.30 74.31 74.32 74.33 74.34 74.35 75.1 75.2 75.3 75.4 75.5 75.6 75.7 75.8 75.9 75.10 75.11 75.12 75.13 75.14 75.15 75.16 75.17 75.18 75.19 75.20 75.21 75.22 75.23 75.24 75.25 75.26 75.27 75.28 75.29 75.30 75.31
75.32 75.33 75.34 75.35 76.1 76.2 76.3 76.4 76.5 76.6 76.7 76.8 76.9
76.10 76.11 76.12 76.13 76.14 76.15 76.16 76.17 76.18 76.19 76.20 76.21 76.22 76.23 76.24 76.25 76.26 76.27 76.28 76.29 76.30 76.31 76.32 76.33 76.34 76.35 77.1 77.2 77.3 77.4 77.5 77.6
77.7 77.8 77.9 77.10 77.11 77.12 77.13 77.14 77.15 77.16 77.17 77.18 77.19 77.20 77.21 77.22 77.23 77.24 77.25 77.26 77.27 77.28 77.29 77.30 77.31 77.32 77.33 77.34 77.35 78.1 78.2 78.3 78.4 78.5
78.6 78.7 78.8 78.9 78.10 78.11 78.12 78.13 78.14 78.15 78.16 78.17 78.18 78.19 78.20 78.21 78.22 78.23 78.24 78.25 78.26 78.27 78.28 78.29 78.30
78.31 78.32 78.33 78.34 79.1 79.2 79.3 79.4 79.5 79.6 79.7
79.8
79.9 79.10 79.11 79.12 79.13 79.14 79.15 79.16 79.17
79.18 79.19 79.20 79.21 79.22 79.23 79.24 79.25 79.26 79.27 79.28 79.29 79.30 79.31 79.32 79.33 80.1 80.2 80.3 80.4 80.5 80.6 80.7 80.8 80.9 80.10 80.11 80.12 80.13 80.14 80.15 80.16 80.17 80.18 80.19 80.20 80.21
80.22
80.23 80.24 80.25 80.26 80.27
80.28
80.29 80.30 80.31 80.32 80.33 81.1 81.2 81.3 81.4 81.5 81.6 81.7 81.8 81.9
81.10
81.11 81.12 81.13 81.14 81.15 81.16 81.17 81.18 81.19 81.20 81.21 81.22 81.23 81.24 81.25 81.26 81.27
81.28
81.29 81.30 81.31 81.32 81.33 82.1 82.2 82.3 82.4 82.5 82.6 82.7 82.8 82.9 82.10 82.11 82.12 82.13 82.14 82.15
82.16
82.17 82.18 82.19 82.20 82.21 82.22
82.23
82.24 82.25 82.26 82.27 82.28 82.29 82.30 82.31 82.32 82.33 83.1 83.2 83.3 83.4 83.5 83.6 83.7 83.8 83.9 83.10 83.11 83.12 83.13 83.14 83.15
83.16
83.17 83.18 83.19 83.20 83.21 83.22 83.23 83.24 83.25 83.26 83.27 83.28 83.29
83.30
83.31 83.32 84.1 84.2 84.3 84.4 84.5 84.6 84.7 84.8 84.9 84.10 84.11 84.12 84.13 84.14 84.15 84.16 84.17 84.18 84.19 84.20
84.21 84.22
84.23 84.24 84.25 84.26 84.27 84.28 84.29 84.30 84.31 84.32 84.33 84.34 85.1 85.2 85.3 85.4 85.5 85.6 85.7 85.8 85.9 85.10 85.11 85.12 85.13 85.14 85.15 85.16 85.17 85.18 85.19 85.20 85.21 85.22 85.23 85.24 85.25 85.26 85.27 85.28 85.29 85.30 85.31 85.32 85.33 85.34 85.35 85.36 86.1 86.2 86.3 86.4 86.5 86.6 86.7 86.8 86.9 86.10 86.11
86.12 86.13 86.14 86.15 86.16 86.17 86.18 86.19 86.20 86.21 86.22
86.23 86.24 86.25 86.26 86.27 86.28 86.29 86.30 86.31 86.32 86.33 87.1 87.2 87.3 87.4 87.5 87.6 87.7 87.8
87.9 87.10 87.11 87.12 87.13 87.14 87.15 87.16 87.17 87.18 87.19 87.20 87.21 87.22 87.23 87.24 87.25 87.26 87.27 87.28 87.29 87.30 87.31 87.32 87.33 88.1 88.2 88.3 88.4 88.5 88.6 88.7
88.8
88.9 88.10 88.11 88.12 88.13
88.14
88.15 88.16 88.17 88.18 88.19 88.20 88.21 88.22 88.23 88.24 88.25 88.26 88.27 88.28 88.29 88.30 88.31 88.32 88.33 89.1 89.2 89.3 89.4
89.5 89.6 89.7 89.8 89.9 89.10 89.11 89.12 89.13 89.14 89.15 89.16 89.17 89.18 89.19 89.20 89.21 89.22 89.23 89.24 89.25 89.26 89.27 89.28 89.29 89.30 89.31 89.32 89.33 89.34 89.35 90.1 90.2 90.3 90.4 90.5 90.6 90.7
90.8
90.9 90.10 90.11 90.12 90.13
90.14 90.15 90.16 90.17 90.18
90.19 90.20 90.21 90.22 90.23 90.24 90.25 90.26 90.27 90.28 90.29 90.30 91.1 91.2 91.3 91.4 91.5 91.6 91.7 91.8 91.9 91.10 91.11 91.12 91.13 91.14 91.15
91.16
91.17 91.18 91.19 91.20
91.21
91.22 91.23
91.24 91.25 91.26 91.27 91.28 91.29 91.30 92.1 92.2 92.3 92.4 92.5 92.6 92.7 92.8 92.9 92.10 92.11 92.12 92.13 92.14 92.15 92.16 92.17 92.18 92.19 92.20 92.21 92.22 92.23 92.24 92.25 92.26 92.27 92.28 92.29 92.30 92.31
92.32
92.33 92.34 93.1 93.2 93.3 93.4 93.5 93.6 93.7 93.8 93.9 93.10 93.11 93.12 93.13 93.14 93.15 93.16 93.17 93.18 93.19 93.20 93.21 93.22 93.23 93.24 93.25 93.26 93.27 93.28 93.29 93.30 93.31 93.32 93.33 93.34 93.35 93.36 94.1 94.2 94.3 94.4 94.5 94.6 94.7 94.8 94.9 94.10 94.11 94.12 94.13 94.14 94.15 94.16 94.17 94.18 94.19 94.20 94.21 94.22 94.23 94.24 94.25 94.26 94.27 94.28 94.29
94.30
94.31 94.32 94.33 94.34 94.35 95.1 95.2 95.3 95.4 95.5
95.6 95.7 95.8 95.9 95.10 95.11 95.12 95.13 95.14 95.15 95.16 95.17
95.18 95.19 95.20 95.21 95.22 95.23 95.24 95.25 95.26 95.27 95.28 95.29 95.30 95.31 95.32 95.33 96.1 96.2 96.3 96.4 96.5 96.6 96.7 96.8 96.9 96.10 96.11 96.12
96.13 96.14 96.15 96.16 96.17 96.18 96.19 96.20
96.21 96.22 96.23 96.24 96.25 96.26 96.27 96.28
96.29 96.30 96.31 96.32 97.1 97.2 97.3 97.4 97.5 97.6
97.7 97.8 97.9 97.10 97.11 97.12 97.13 97.14 97.15 97.16
97.17 97.18 97.19 97.20 97.21 97.22
97.23 97.24 97.25 97.26 97.27
97.28
97.29 97.30 97.31 97.32 98.1 98.2 98.3 98.4 98.5 98.6 98.7 98.8 98.9 98.10 98.11 98.12 98.13 98.14 98.15 98.16 98.17 98.18 98.19 98.20 98.21
98.22
98.23 98.24 98.25 98.26 98.27 98.28 98.29 98.30 98.31 98.32 98.33 98.34 99.1 99.2 99.3 99.4 99.5 99.6 99.7 99.8 99.9 99.10 99.11
99.12 99.13 99.14 99.15 99.16 99.17 99.18 99.19 99.20 99.21 99.22 99.23 99.24 99.25 99.26 99.27 99.28 99.29 99.30 99.31 99.32 99.33 99.34
100.1 100.2
100.3 100.4 100.5 100.6 100.7 100.8 100.9 100.10 100.11 100.12 100.13 100.14 100.15 100.16 100.17 100.18 100.19 100.20 100.21 100.22 100.23 100.24
100.25
100.26 100.27 100.28 100.29 100.30 100.31 100.32
101.1 101.2 101.3
101.4 101.5 101.6
101.7 101.8
101.9 101.10 101.11 101.12
101.13
101.14 101.15 101.16 101.17 101.18 101.19 101.20 101.21 101.22 101.23 101.24 101.25 101.26
101.27
101.28 101.29 102.1 102.2 102.3 102.4 102.5 102.6 102.7 102.8 102.9 102.10 102.11 102.12 102.13 102.14 102.15 102.16
102.17
102.18 102.19 102.20 102.21 102.22 102.23 102.24 102.25 102.26 102.27 102.28 102.29 102.30 102.31 102.32 102.33 102.34 103.1 103.2 103.3 103.4 103.5 103.6 103.7 103.8 103.9 103.10 103.11 103.12 103.13 103.14 103.15 103.16 103.17 103.18 103.19 103.20 103.21 103.22 103.23 103.24 103.25 103.26 103.27 103.28 103.29 103.30 103.31 103.32 103.33 103.34 103.35 104.1 104.2 104.3 104.4 104.5 104.6 104.7 104.8 104.9 104.10 104.11 104.12 104.13 104.14 104.15 104.16 104.17 104.18 104.19 104.20 104.21 104.22 104.23 104.24 104.25 104.26 104.27 104.28 104.29 104.30 104.31 104.32 104.33 104.34 104.35 104.36 105.1 105.2 105.3 105.4 105.5 105.6 105.7 105.8 105.9 105.10 105.11 105.12 105.13 105.14 105.15 105.16 105.17 105.18 105.19 105.20 105.21 105.22 105.23 105.24 105.25 105.26 105.27 105.28 105.29 105.30 105.31 105.32 105.33 105.34 105.35 106.1 106.2 106.3 106.4 106.5 106.6 106.7 106.8 106.9 106.10 106.11 106.12 106.13 106.14 106.15
106.16
106.17 106.18 106.19 106.20 106.21 106.22 106.23 106.24 106.25 106.26 106.27 106.28
106.29 106.30 106.31 106.32 106.33 106.34 107.1 107.2 107.3 107.4 107.5 107.6 107.7 107.8 107.9 107.10 107.11 107.12 107.13 107.14 107.15 107.16 107.17 107.18 107.19 107.20 107.21 107.22 107.23 107.24 107.25
107.26 107.27
107.28 107.29 107.30 107.31 107.32 107.33 107.34
108.1
108.2 108.3 108.4 108.5 108.6 108.7 108.8 108.9 108.10 108.11 108.12 108.13 108.14 108.15 108.16 108.17 108.18
108.19 108.20 108.21 108.22 108.23 108.24 108.25 108.26 108.27 108.28 108.29 108.30 108.31 108.32 108.33 108.34 109.1 109.2 109.3 109.4 109.5
109.6 109.7 109.8 109.9 109.10 109.11 109.12 109.13 109.14 109.15 109.16 109.17
109.18
109.19 109.20 109.21 109.22 109.23 109.24 109.25 109.26 109.27 109.28 109.29 109.30
109.31
110.1 110.2 110.3 110.4
110.5 110.6 110.7 110.8 110.9
110.10
110.11 110.12 110.13 110.14
110.15
110.16 110.17 110.18 110.19 110.20 110.21 110.22
110.23 110.24 110.25 110.26 110.27 110.28 110.29 110.30 111.1 111.2 111.3
111.4
111.5 111.6 111.7 111.8 111.9 111.10 111.11 111.12 111.13 111.14 111.15 111.16 111.17 111.18 111.19 111.20 111.21 111.22 111.23 111.24 111.25 111.26 111.27 111.28 111.29 111.30 111.31 111.32 111.33 111.34 111.35 112.1 112.2 112.3 112.4 112.5 112.6 112.7 112.8 112.9 112.10 112.11 112.12 112.13 112.14 112.15 112.16 112.17 112.18 112.19 112.20 112.21 112.22 112.23 112.24 112.25 112.26 112.27 112.28 112.29
112.30
112.31 112.32
112.33 112.34 113.1 113.2 113.3
113.4 113.5 113.6 113.7 113.8 113.9 113.10 113.11
113.12
113.13 113.14 113.15 113.16 113.17 113.18 113.19 113.20 113.21 113.22 113.23 113.24 113.25 113.26 113.27 113.28
113.29
114.1 114.2
114.3 114.4 114.5 114.6 114.7 114.8 114.9 114.10 114.11 114.12 114.13 114.14 114.15 114.16 114.17 114.18 114.19 114.20 114.21 114.22 114.23 114.24 114.25 114.26 114.27 114.28 114.29 114.30 114.31 114.32
114.33 115.1 115.2 115.3 115.4 115.5 115.6 115.7 115.8 115.9 115.10 115.11 115.12 115.13 115.14 115.15 115.16 115.17 115.18 115.19
115.20 115.21 115.22 115.23 115.24 115.25 115.26 115.27 115.28
115.29 115.30 115.31 115.32 115.33 116.1 116.2 116.3 116.4 116.5 116.6 116.7 116.8 116.9 116.10 116.11 116.12 116.13 116.14 116.15 116.16 116.17
116.18 116.19 116.20 116.21 116.22 116.23
116.24 116.25 116.26 116.27 116.28 116.29 116.30 116.31 116.32
116.33
117.1 117.2 117.3 117.4 117.5 117.6 117.7 117.8 117.9 117.10 117.11 117.12 117.13 117.14 117.15 117.16 117.17 117.18 117.19 117.20 117.21 117.22 117.23 117.24 117.25 117.26 117.27
117.28 117.29 117.30
117.31 117.32 117.33 117.34 118.1 118.2 118.3 118.4 118.5 118.6 118.7
118.8
118.9 118.10 118.11 118.12 118.13 118.14 118.15 118.16 118.17 118.18 118.19
118.20
118.21 118.22 118.23 118.24 118.25 118.26 118.27
118.28 118.29 119.1 119.2 119.3 119.4 119.5 119.6 119.7 119.8 119.9 119.10
119.11
119.12 119.13 119.14 119.15 119.16 119.17 119.18 119.19 119.20 119.21 119.22 119.23
119.24 119.25
119.26 119.27 119.28 119.29 120.1 120.2 120.3 120.4 120.5 120.6 120.7 120.8
120.9
120.10 120.11 120.12 120.13 120.14 120.15 120.16 120.17 120.18 120.19 120.20
120.21
120.22 120.23 120.24 120.25 120.26 120.27 120.28 120.29 121.1 121.2 121.3 121.4
121.5
121.6 121.7 121.8 121.9 121.10 121.11 121.12 121.13 121.14
121.15
121.16 121.17 121.18 121.19 121.20 121.21 121.22 121.23 121.24 121.25 121.26
121.27
121.28 121.29 122.1 122.2 122.3 122.4 122.5 122.6 122.7 122.8 122.9 122.10
122.11 122.12
122.13 122.14 122.15 122.16 122.17 122.18 122.19 122.20 122.21 122.22 122.23 122.24
122.25
122.26 122.27 122.28 122.29 122.30 123.1 123.2 123.3 123.4 123.5 123.6
123.7
123.8 123.9 123.10 123.11 123.12 123.13 123.14 123.15 123.16 123.17
123.18
123.19 123.20 123.21 123.22 123.23 123.24 123.25 123.26 123.27 123.28 123.29 123.30
124.1
124.2 124.3 124.4 124.5 124.6 124.7 124.8 124.9 124.10 124.11 124.12 124.13
124.14
124.15 124.16 124.17 124.18 124.19 124.20 124.21 124.22 124.23
124.24
124.25 124.26 124.27 124.28 125.1 125.2 125.3 125.4 125.5 125.6 125.7
125.8
125.9 125.10 125.11 125.12 125.13 125.14 125.15 125.16 125.17 125.18 125.19
125.20 125.21
125.22 125.23 125.24 125.25 125.26 125.27 125.28 125.29 125.30
126.1 126.2
126.3 126.4 126.5 126.6 126.7 126.8 126.9 126.10 126.11 126.12
126.13
126.14 126.15 126.16 126.17 126.18 126.19 126.20 126.21 126.22 126.23 126.24
126.25 126.26
126.27 126.28 126.29 126.30 127.1 127.2 127.3 127.4 127.5 127.6 127.7 127.8
127.9 127.10
127.11 127.12 127.13 127.14 127.15 127.16 127.17 127.18 127.19 127.20 127.21 127.22
127.23
127.24 127.25 127.26 127.27 127.28 127.29 127.30 128.1 128.2 128.3
128.4
128.5 128.6 128.7 128.8 128.9 128.10 128.11 128.12 128.13 128.14
128.15 128.16
128.17 128.18 128.19 128.20 128.21 128.22 128.23 128.24 128.25 128.26 128.27 128.28 128.29
128.30 129.1 129.2 129.3 129.4 129.5 129.6 129.7 129.8 129.9 129.10 129.11 129.12 129.13 129.14 129.15 129.16 129.17 129.18 129.19 129.20 129.21 129.22 129.23 129.24 129.25
129.26 129.27 129.28 129.29 129.30 129.31 129.32 129.33 129.34 129.35 130.1 130.2 130.3 130.4 130.5 130.6 130.7 130.8 130.9 130.10 130.11 130.12 130.13 130.14 130.15 130.16 130.17 130.18 130.19 130.20 130.21 130.22 130.23 130.24 130.25 130.26 130.27 130.28 130.29 130.30 130.31 130.32 130.33 130.34 130.35 131.1 131.2 131.3 131.4 131.5 131.6 131.7 131.8 131.9 131.10
131.11 131.12 131.13 131.14 131.15 131.16 131.17 131.18 131.19 131.20 131.21 131.22 131.23 131.24 131.25 131.26 131.27 131.28 131.29 131.30 131.31 131.32
131.33 131.34 132.1 132.2 132.3 132.4 132.5 132.6 132.7 132.8 132.9 132.10 132.11 132.12 132.13 132.14 132.15 132.16 132.17 132.18 132.19 132.20 132.21 132.22 132.23 132.24 132.25 132.26 132.27 132.28
132.29 132.30 132.31 132.32 132.33 132.34 132.35 133.1 133.2 133.3 133.4 133.5 133.6 133.7 133.8 133.9 133.10 133.11 133.12 133.13 133.14 133.15 133.16 133.17 133.18 133.19 133.20 133.21 133.22 133.23 133.24 133.25 133.26 133.27 133.28 133.29 133.30 133.31 133.32 133.33 133.34 133.35 133.36 134.1 134.2 134.3 134.4 134.5 134.6 134.7 134.8 134.9 134.10 134.11 134.12 134.13 134.14 134.15 134.16 134.17 134.18 134.19 134.20 134.21 134.22 134.23 134.24 134.25 134.26 134.27 134.28 134.29 134.30 134.31 134.32 134.33 134.34 134.35 134.36 135.1 135.2 135.3 135.4 135.5 135.6 135.7 135.8 135.9 135.10 135.11 135.12 135.13 135.14 135.15 135.16 135.17 135.18 135.19 135.20 135.21 135.22 135.23 135.24 135.25 135.26 135.27 135.28 135.29 135.30 135.31 135.32 135.33 135.34 135.35 135.36 136.1 136.2 136.3 136.4 136.5 136.6 136.7 136.8 136.9 136.10 136.11 136.12 136.13 136.14 136.15 136.16 136.17 136.18 136.19 136.20 136.21 136.22 136.23 136.24 136.25 136.26 136.27 136.28 136.29 136.30 136.31 136.32 136.33 136.34 136.35 137.1 137.2 137.3 137.4 137.5 137.6 137.7 137.8 137.9 137.10 137.11 137.12 137.13 137.14
137.15 137.16
137.17 137.18 137.19 137.20 137.21 137.22 137.23 137.24 137.25 137.26 137.27 137.28 137.29 137.30 138.1 138.2 138.3 138.4 138.5 138.6 138.7
138.8 138.9 138.10 138.11 138.12
138.13 138.14 138.15 138.16 138.17 138.18 138.19 138.20 138.21 138.22 138.23 138.24 138.25 138.26 138.27
138.28 138.29 138.30 138.31 139.1 139.2
139.3 139.4 139.5 139.6 139.7 139.8 139.9 139.10 139.11 139.12 139.13 139.14 139.15 139.16 139.17 139.18
139.19 139.20 139.21 139.22 139.23 139.24
139.25 139.26 139.27 139.28 139.29 139.30 139.31 139.32 139.33 140.1 140.2 140.3 140.4 140.5 140.6 140.7
140.8 140.9
140.10 140.11 140.12 140.13 140.14 140.15 140.16 140.17 140.18 140.19 140.20 140.21
140.22 140.23 140.24 140.25 140.26 140.27 140.28 140.29 140.30 140.31 140.32 140.33 140.34 141.1 141.2 141.3 141.4 141.5 141.6 141.7 141.8
141.9 141.10 141.11 141.12 141.13 141.14 141.15
141.16 141.17 141.18 141.19 141.20 141.21 141.22 141.23 141.24 141.25 141.26 141.27 141.28 141.29 141.30 141.31
141.32 142.1 142.2 142.3 142.4 142.5 142.6 142.7 142.8 142.9 142.10 142.11 142.12 142.13 142.14 142.15 142.16 142.17 142.18 142.19 142.20 142.21 142.22
142.23 142.24 142.25 142.26 142.27 142.28 142.29 142.30 142.31 142.32 142.33 142.34
143.1 143.2 143.3 143.4 143.5 143.6 143.7 143.8 143.9 143.10 143.11 143.12 143.13 143.14 143.15 143.16 143.17 143.18
143.19 143.20 143.21 143.22 143.23 143.24 143.25 143.26 143.27 143.28 143.29 143.30 143.31 143.32
143.33 143.34 144.1 144.2 144.3 144.4 144.5 144.6 144.7 144.8 144.9 144.10 144.11 144.12 144.13 144.14 144.15 144.16 144.17
144.18 144.19 144.20 144.21 144.22 144.23 144.24 144.25 144.26 144.27 144.28 144.29 144.30 144.31 144.32 144.33 144.34 144.35 145.1 145.2 145.3 145.4 145.5 145.6 145.7 145.8 145.9 145.10 145.11 145.12 145.13 145.14 145.15 145.16 145.17 145.18 145.19 145.20 145.21 145.22 145.23 145.24 145.25
145.26 145.27 145.28 145.29 145.30 145.31 145.32 145.33 145.34 145.35 146.1 146.2 146.3 146.4 146.5 146.6 146.7 146.8 146.9 146.10 146.11 146.12 146.13 146.14 146.15
146.16 146.17 146.18 146.19 146.20 146.21 146.22 146.23 146.24 146.25 146.26 146.27 146.28 146.29 146.30 146.31 146.32 146.33 146.34 146.35 147.1 147.2 147.3 147.4 147.5 147.6 147.7 147.8 147.9 147.10
147.11 147.12 147.13 147.14 147.15 147.16 147.17 147.18 147.19 147.20 147.21 147.22 147.23 147.24 147.25
147.26 147.27 147.28 147.29 147.30 147.31 147.32 147.33 147.34 148.1 148.2 148.3 148.4 148.5
148.6 148.7 148.8 148.9 148.10
148.11 148.12 148.13 148.14 148.15 148.16 148.17 148.18 148.19 148.20 148.21 148.22 148.23 148.24 148.25
148.26 148.27 148.28 148.29 148.30 148.31 148.32 149.1 149.2
149.3 149.4 149.5 149.6 149.7 149.8 149.9 149.10 149.11 149.12 149.13 149.14 149.15 149.16 149.17 149.18 149.19 149.20 149.21 149.22 149.23 149.24 149.25 149.26 149.27 149.28
149.29 149.30 149.31 149.32 149.33 149.34 150.1 150.2
150.3 150.4 150.5 150.6 150.7 150.8 150.9 150.10 150.11 150.12
150.13 150.14 150.15
150.16 150.17 150.18 150.19
150.20 150.21 150.22 150.23 150.24 150.25 150.26 150.27 150.28 150.29 150.30
150.31 151.1 151.2 151.3 151.4 151.5 151.6 151.7 151.8 151.9 151.10 151.11 151.12
151.13 151.14 151.15 151.16 151.17 151.18 151.19 151.20 151.21 151.22 151.23 151.24 151.25 151.26
151.27 151.28 151.29 151.30 151.31 151.32 151.33 152.1 152.2 152.3 152.4 152.5 152.6 152.7 152.8 152.9 152.10 152.11 152.12 152.13 152.14 152.15 152.16 152.17 152.18
152.19
152.20 152.21 152.22 152.23 152.24 152.25 152.26 152.27 152.28 152.29 152.30 152.31
152.32 152.33 153.1 153.2 153.3 153.4
153.5 153.6 153.7 153.8 153.9 153.10 153.11 153.12 153.13 153.14 153.15 153.16 153.17 153.18 153.19 153.20 153.21 153.22
153.23 153.24 153.25 153.26
153.27 153.28 153.29
153.30 153.31 153.32 154.1 154.2
154.3 154.4
154.5 154.6 154.7 154.8 154.9 154.10 154.11 154.12 154.13 154.14 154.15 154.16 154.17 154.18 154.19 154.20 154.21 154.22 154.23 154.24 154.25
154.26 154.27 154.28 154.29 155.1 155.2 155.3 155.4 155.5 155.6 155.7 155.8 155.9 155.10 155.11 155.12 155.13 155.14 155.15 155.16 155.17 155.18 155.19 155.20 155.21 155.22 155.23 155.24 155.25 155.26 155.27 155.28 155.29 155.30 155.31 155.32 156.1 156.2 156.3 156.4 156.5 156.6 156.7 156.8 156.9 156.10 156.11 156.12 156.13 156.14 156.15 156.16 156.17 156.18 156.19 156.20
156.21 156.22 156.23 156.24
156.25 156.26 156.27 156.28 156.29 156.30 157.1 157.2 157.3 157.4 157.5 157.6 157.7 157.8 157.9 157.10 157.11 157.12 157.13 157.14 157.15 157.16 157.17 157.18 157.19 157.20 157.21 157.22 157.23 157.24 157.25 157.26 157.27 157.28 157.29 157.30 157.31 157.32 158.1 158.2 158.3 158.4 158.5 158.6 158.7 158.8 158.9 158.10 158.11 158.12 158.13 158.14 158.15 158.16 158.17 158.18 158.19 158.20 158.21 158.22 158.23 158.24 158.25 158.26 158.27 158.28 158.29 158.30 158.31 158.32 158.33 159.1 159.2 159.3 159.4 159.5
159.6 159.7 159.8 159.9 159.10 159.11 159.12 159.13 159.14 159.15 159.16 159.17 159.18 159.19 159.20 159.21 159.22 159.23 159.24 159.25
159.26 159.27 159.28 159.29 159.30 159.31 159.32 159.33 159.34 160.1 160.2 160.3 160.4 160.5 160.6 160.7 160.8 160.9 160.10
160.11
160.12 160.13 160.14 160.15 160.16 160.17 160.18 160.19 160.20
160.21
160.22 160.23 160.24 160.25 160.26 160.27
160.28
160.29 160.30 161.1 161.2 161.3
161.4
161.5 161.6 161.7 161.8 161.9 161.10 161.11 161.12 161.13 161.14 161.15 161.16
161.17
161.18 161.19 161.20 161.21 161.22 161.23 161.24 161.25 161.26 161.27 161.28
161.29 161.30 161.31 161.32 162.1 162.2 162.3 162.4 162.5 162.6 162.7 162.8 162.9 162.10 162.11 162.12 162.13 162.14 162.15 162.16 162.17 162.18 162.19 162.20 162.21 162.22 162.23 162.24 162.25 162.26 162.27 162.28 162.29 162.30 162.31 162.32 162.33 162.34 162.35 163.1 163.2 163.3 163.4
163.5
163.6 163.7 163.8 163.9 163.10 163.11 163.12 163.13 163.14 163.15 163.16 163.17 163.18 163.19 163.20 163.21 163.22 163.23 163.24 163.25 163.26 163.27 163.28 163.29 163.30 163.31 163.32 163.33 163.34 163.35 164.1 164.2 164.3 164.4
164.5 164.6 164.7 164.8 164.9 164.10 164.11 164.12 164.13 164.14 164.15 164.16 164.17 164.18 164.19
164.20 164.21 164.22 164.23 164.24 164.25 164.26 164.27 164.28 164.29 164.30 164.31
164.32 164.33 165.1 165.2 165.3 165.4 165.5 165.6 165.7 165.8 165.9 165.10 165.11 165.12 165.13 165.14 165.15 165.16 165.17 165.18 165.19 165.20 165.21 165.22 165.23 165.24 165.25 165.26 165.27 165.28 165.29 165.30 165.31 165.32 165.33 166.1 166.2 166.3 166.4 166.5 166.6 166.7 166.8 166.9 166.10 166.11 166.12 166.13 166.14 166.15 166.16 166.17 166.18 166.19 166.20 166.21 166.22 166.23 166.24 166.25 166.26 166.27 166.28 166.29 166.30 166.31 166.32 166.33 166.34 166.35 167.1 167.2 167.3 167.4 167.5 167.6 167.7
167.8 167.9 167.10 167.11 167.12 167.13 167.14 167.15 167.16 167.17 167.18 167.19 167.20 167.21 167.22 167.23 167.24 167.25 167.26 167.27 167.28 167.29 167.30 167.31 167.32 168.1 168.2 168.3 168.4 168.5 168.6 168.7 168.8 168.9 168.10 168.11 168.12 168.13 168.14 168.15 168.16 168.17 168.18 168.19 168.20 168.21 168.22 168.23 168.24 168.25 168.26 168.27 168.28 168.29 168.30 168.31 168.32 168.33 168.34 169.1 169.2 169.3 169.4 169.5 169.6 169.7 169.8 169.9 169.10 169.11 169.12 169.13 169.14
169.15 169.16 169.17 169.18
169.19 169.20
169.21 169.22
169.23 169.24
169.25 169.26 169.27 169.28 169.29 169.30 169.31 170.1 170.2 170.3 170.4 170.5 170.6 170.7 170.8 170.9 170.10 170.11 170.12 170.13 170.14 170.15 170.16 170.17 170.18 170.19
170.20 170.21 170.22 170.23 170.24 170.25 170.26 170.27 170.28 170.29 170.30 170.31 171.1 171.2
171.3 171.4 171.5 171.6 171.7 171.8 171.9 171.10 171.11 171.12 171.13 171.14 171.15 171.16 171.17 171.18 171.19
171.20 171.21 171.22 171.23 171.24 171.25 171.26 171.27 171.28 171.29 172.1 172.2 172.3 172.4 172.5 172.6 172.7 172.8 172.9 172.10 172.11 172.12 172.13 172.14 172.15
172.16 172.17 172.18 172.19 172.20 172.21 172.22 172.23 172.24 172.25 172.26 172.27 172.28 172.29 172.30 172.31 173.1 173.2 173.3 173.4 173.5 173.6 173.7 173.8
173.9 173.10 173.11 173.12 173.13 173.14 173.15 173.16 173.17 173.18 173.19 173.20
173.21 173.22 173.23 173.24 173.25 173.26 173.27 173.28 173.29 173.30
174.1 174.2
174.3 174.4 174.5 174.6 174.7 174.8 174.9 174.10 174.11 174.12 174.13 174.14 174.15 174.16 174.17 174.18 174.19 174.20 174.21 174.22 174.23 174.24 174.25 174.26
174.27 174.28 174.29 174.30 174.31 175.1 175.2 175.3 175.4 175.5 175.6 175.7 175.8 175.9 175.10 175.11 175.12 175.13 175.14 175.15 175.16 175.17 175.18 175.19 175.20 175.21 175.22 175.23 175.24 175.25 175.26 175.27 175.28 175.29 175.30 175.31 175.32 175.33 175.34 176.1 176.2 176.3 176.4 176.5 176.6 176.7 176.8 176.9 176.10 176.11 176.12 176.13 176.14 176.15 176.16 176.17 176.18 176.19 176.20 176.21 176.22 176.23 176.24 176.25 176.26 176.27 176.28 176.29 176.30 176.31 176.32 176.33 177.1 177.2 177.3 177.4 177.5 177.6 177.7 177.8 177.9 177.10 177.11 177.12 177.13 177.14 177.15 177.16 177.17 177.18 177.19 177.20 177.21 177.22 177.23 177.24 177.25 177.26 177.27 177.28
177.29 177.30 177.31 177.32 177.33 178.1 178.2
178.3 178.4 178.5 178.6 178.7 178.8 178.9 178.10
178.11 178.12 178.13 178.14 178.15 178.16 178.17 178.18 178.19 178.20 178.21
178.22 178.23 178.24 178.25 178.26 178.27
178.28 178.29 178.30 179.1 179.2 179.3 179.4 179.5
179.6 179.7 179.8 179.9 179.10 179.11 179.12 179.13 179.14 179.15 179.16 179.17 179.18 179.19 179.20 179.21 179.22 179.23 179.24 179.25 179.26 179.27 179.28 179.29 179.30 179.31 179.32 179.33 180.1 180.2 180.3 180.4 180.5 180.6 180.7 180.8 180.9 180.10 180.11 180.12 180.13 180.14 180.15 180.16 180.17 180.18 180.19 180.20 180.21 180.22 180.23 180.24 180.25 180.26 180.27 180.28 180.29 180.30 180.31 180.32 180.33
181.1 181.2 181.3 181.4 181.5 181.6 181.7 181.8 181.9 181.10 181.11 181.12 181.13 181.14 181.15 181.16 181.17 181.18 181.19 181.20 181.21 181.22 181.23 181.24 181.25
181.26 181.27 181.28 181.29 181.30 181.31 181.32 181.33 181.34 181.35 182.1 182.2 182.3 182.4 182.5 182.6 182.7 182.8 182.9 182.10 182.11 182.12 182.13 182.14 182.15 182.16 182.17 182.18 182.19 182.20
182.21 182.22 182.23 182.24 182.25 182.26 182.27 182.28 182.29 182.30 182.31 182.32 182.33 182.34 182.35 183.1 183.2 183.3 183.4 183.5 183.6 183.7 183.8 183.9 183.10 183.11 183.12 183.13 183.14 183.15 183.16 183.17 183.18 183.19 183.20 183.21 183.22 183.23 183.24 183.25 183.26 183.27 183.28 183.29 183.30 183.31 183.32 183.33 183.34 183.35 184.1 184.2 184.3 184.4 184.5 184.6 184.7 184.8 184.9 184.10 184.11 184.12 184.13 184.14 184.15 184.16 184.17 184.18 184.19
184.20 184.21 184.22 184.23
184.24 184.25 184.26 184.27 184.28 184.29 184.30 184.31 184.32 184.33 184.34 185.1 185.2
185.3
185.4 185.5 185.6 185.7 185.8 185.9 185.10 185.11 185.12 185.13 185.14 185.15
185.16 185.17 185.18 185.19 185.20 185.21 185.22 185.23 185.24 185.25 185.26 185.27 185.28 185.29 185.30 185.31 185.32 185.33 186.1 186.2 186.3 186.4 186.5 186.6 186.7 186.8 186.9 186.10 186.11 186.12 186.13 186.14 186.15 186.16 186.17 186.18 186.19 186.20 186.21 186.22 186.23 186.24 186.25
186.26 186.27 186.28 186.29 186.30 186.31 186.32 186.33
187.1 187.2 187.3 187.4 187.5 187.6 187.7 187.8 187.9 187.10 187.11 187.12 187.13
187.14 187.15 187.16 187.17 187.18 187.19 187.20 187.21 187.22 187.23 187.24 187.25
187.26
187.27 187.28 187.29 187.30 187.31 187.32 187.33 188.1 188.2 188.3 188.4 188.5 188.6 188.7 188.8 188.9 188.10 188.11 188.12 188.13 188.14 188.15 188.16
188.17
188.18 188.19 188.20 188.21 188.22 188.23 188.24 188.25
188.26
188.27 188.28 188.29 188.30 188.31 188.32 188.33 189.1 189.2 189.3 189.4 189.5 189.6
189.7 189.8 189.9 189.10
189.11 189.12 189.13 189.14 189.15 189.16 189.17 189.18 189.19
189.20 189.21 189.22 189.23
189.24 189.25 189.26 189.27 189.28 189.29 189.30 189.31 190.1 190.2
190.3 190.4 190.5 190.6 190.7 190.8 190.9 190.10 190.11 190.12
190.13 190.14 190.15 190.16 190.17 190.18 190.19 190.20 190.21 190.22 190.23 190.24 190.25 190.26 190.27 190.28 190.29 190.30 190.31 190.32 190.33 191.1 191.2
191.3
191.4 191.5 191.6 191.7 191.8 191.9 191.10 191.11 191.12 191.13 191.14 191.15 191.16 191.17 191.18 191.19 191.20 191.21 191.22 191.23
191.24
191.25 191.26 191.27 191.28 191.29 191.30 191.31
191.32 192.1 192.2 192.3 192.4 192.5 192.6 192.7 192.8 192.9 192.10 192.11 192.12 192.13 192.14 192.15 192.16
192.17
192.18 192.19 192.20 192.21 192.22 192.23 192.24 192.25 192.26 192.27 192.28 192.29
192.30 192.31 192.32 192.33 192.34 193.1 193.2 193.3 193.4
193.5 193.6 193.7 193.8 193.9 193.10 193.11 193.12 193.13 193.14 193.15 193.16 193.17 193.18 193.19 193.20 193.21 193.22 193.23
193.24
193.25 193.26 193.27 193.28 193.29 193.30 193.31 193.32 193.33 194.1 194.2 194.3 194.4
194.5
194.6 194.7 194.8 194.9 194.10 194.11 194.12 194.13 194.14 194.15 194.16 194.17 194.18 194.19 194.20 194.21 194.22
194.23 194.24 194.25 194.26 194.27 194.28 194.29 194.30 194.31 194.32 194.33 195.1 195.2 195.3 195.4 195.5 195.6 195.7 195.8 195.9 195.10 195.11
195.12 195.13 195.14 195.15 195.16
195.17 195.18 195.19 195.20 195.21 195.22 195.23 195.24 195.25 195.26 195.27 195.28 195.29
195.30 195.31 195.32 195.33 196.1 196.2 196.3 196.4 196.5 196.6 196.7 196.8
196.9
196.10 196.11 196.12 196.13 196.14 196.15 196.16 196.17 196.18 196.19 196.20 196.21 196.22 196.23 196.24 196.25 196.26 196.27 196.28 196.29 196.30 196.31 196.32 196.33 196.34 196.35
197.1 197.2 197.3 197.4 197.5 197.6 197.7 197.8 197.9 197.10 197.11 197.12
197.13 197.14 197.15 197.16 197.17
197.18 197.19 197.20 197.21 197.22
197.23 197.24 197.25 197.26 197.27 197.28
197.29 197.30 197.31 197.32
198.1 198.2 198.3 198.4 198.5 198.6 198.7 198.8 198.9
198.10 198.11 198.12 198.13 198.14 198.15 198.16 198.17 198.18 198.19 198.20 198.21 198.22 198.23 198.24 198.25
198.26 198.27 198.28 198.29 198.30 198.31 198.32 198.33 198.34 199.1 199.2
199.3 199.4 199.5 199.6 199.7 199.8 199.9 199.10 199.11 199.12 199.13 199.14 199.15 199.16 199.17 199.18 199.19 199.20 199.21 199.22 199.23 199.24 199.25 199.26 199.27 199.28 199.29 199.30 199.31 199.32 199.33 199.34 200.1 200.2 200.3 200.4 200.5 200.6 200.7 200.8 200.9 200.10 200.11 200.12 200.13 200.14 200.15 200.16 200.17 200.18 200.19 200.20 200.21
200.22 200.23 200.24 200.25 200.26 200.27 200.28 200.29 200.30 200.31 200.32 200.33 200.34
201.1 201.2 201.3 201.4 201.5 201.6 201.7 201.8 201.9 201.10 201.11 201.12 201.13 201.14 201.15 201.16
201.17 201.18 201.19 201.20 201.21 201.22 201.23 201.24 201.25 201.26 201.27 201.28 201.29 201.30 201.31 201.32 201.33
201.34 202.1 202.2 202.3 202.4 202.5 202.6 202.7 202.8 202.9
202.10 202.11 202.12 202.13 202.14 202.15 202.16 202.17 202.18 202.19 202.20 202.21
202.22 202.23 202.24 202.25
202.26 202.27 202.28 202.29
202.30 202.31 202.32 203.1 203.2 203.3 203.4 203.5 203.6 203.7 203.8 203.9
203.10 203.11 203.12 203.13 203.14 203.15 203.16 203.17 203.18 203.19 203.20 203.21 203.22 203.23 203.24 203.25 203.26 203.27 203.28 203.29 203.30 203.31 203.32 203.33 203.34 204.1 204.2 204.3 204.4 204.5 204.6 204.7 204.8 204.9 204.10
204.11 204.12 204.13 204.14
204.15 204.16
204.17 204.18 204.19 204.20 204.21 204.22 204.23 204.24 204.25 204.26 204.27 204.28 204.29 204.30 204.31 204.32 204.33
205.1 205.2 205.3 205.4 205.5 205.6 205.7 205.8 205.9 205.10 205.11 205.12 205.13 205.14 205.15 205.16 205.17 205.18 205.19
205.20 205.21 205.22 205.23 205.24 205.25 205.26 205.27 205.28 205.29 205.30 206.1 206.2 206.3 206.4 206.5 206.6 206.7 206.8 206.9 206.10 206.11 206.12 206.13 206.14 206.15 206.16 206.17 206.18 206.19 206.20 206.21 206.22 206.23 206.24 206.25 206.26 206.27 206.28 206.29 206.30 206.31 207.1 207.2 207.3 207.4 207.5 207.6
207.7 207.8 207.9 207.10
207.11 207.12
207.13 207.14
207.15 207.16 207.17 207.18 207.19 207.20 207.21 207.22 207.23 207.24 207.25 207.26 207.27 207.28 207.29 207.30 208.1 208.2 208.3 208.4
208.5 208.6 208.7 208.8 208.9 208.10 208.11 208.12 208.13 208.14 208.15 208.16 208.17 208.18 208.19 208.20 208.21
208.22 208.23 208.24 208.25 208.26 208.27 208.28
208.29 208.30 209.1 209.2
209.3 209.4 209.5 209.6 209.7 209.8 209.9 209.10 209.11 209.12 209.13 209.14 209.15 209.16 209.17 209.18 209.19 209.20 209.21 209.22 209.23 209.24 209.25 209.26 209.27 209.28 209.29 209.30 210.1 210.2 210.3 210.4 210.5 210.6 210.7 210.8 210.9 210.10 210.11 210.12 210.13 210.14 210.15 210.16 210.17 210.18 210.19 210.20 210.21 210.22 210.23 210.24 210.25 210.26 210.27 210.28 210.29 210.30 210.31 210.32 210.33 210.34 210.35 211.1 211.2 211.3 211.4 211.5 211.6 211.7 211.8 211.9 211.10 211.11 211.12 211.13 211.14 211.15 211.16 211.17 211.18 211.19 211.20 211.21 211.22 211.23 211.24 211.25 211.26 211.27 211.28 211.29 211.30 211.31 211.32 211.33 211.34 212.1 212.2 212.3 212.4 212.5 212.6 212.7 212.8 212.9 212.10 212.11 212.12 212.13 212.14 212.15 212.16 212.17 212.18 212.19 212.20 212.21 212.22 212.23 212.24 212.25 212.26 212.27 212.28 212.29 212.30 212.31 213.1 213.2 213.3 213.4 213.5 213.6 213.7 213.8 213.9 213.10 213.11 213.12 213.13 213.14 213.15 213.16 213.17 213.18 213.19 213.20 213.21 213.22 213.23 213.24 213.25 213.26 213.27 213.28 213.29 213.30 213.31 213.32 214.1 214.2 214.3 214.4 214.5 214.6 214.7 214.8 214.9
214.10 214.11 214.12 214.13 214.14 214.15 214.16 214.17 214.18 214.19 214.20 214.21 214.22 214.23 214.24 214.25 214.26 214.27 214.28 214.29 215.1 215.2 215.3 215.4 215.5 215.6 215.7 215.8 215.9 215.10 215.11 215.12 215.13 215.14 215.15 215.16 215.17 215.18 215.19 215.20 215.21 215.22 215.23 215.24 215.25 215.26 215.27 215.28 215.29 215.30 215.31 215.32 215.33 215.34 215.35 216.1 216.2 216.3 216.4 216.5 216.6 216.7 216.8 216.9 216.10 216.11 216.12 216.13 216.14 216.15 216.16 216.17 216.18 216.19 216.20 216.21 216.22 216.23 216.24 216.25 216.26 216.27 216.28
216.29 216.30 216.31 216.32 217.1 217.2 217.3 217.4 217.5
217.6 217.7 217.8 217.9 217.10 217.11 217.12 217.13 217.14 217.15 217.16 217.17 217.18 217.19 217.20 217.21 217.22 217.23 217.24 217.25 217.26
217.27 217.28 217.29 217.30 217.31 218.1 218.2 218.3 218.4 218.5 218.6 218.7 218.8 218.9 218.10 218.11 218.12 218.13 218.14 218.15 218.16 218.17 218.18 218.19 218.20 218.21 218.22 218.23 218.24 218.25 218.26 218.27 218.28 218.29 218.30 218.31 218.32 218.33 218.34 218.35 219.1 219.2 219.3 219.4 219.5 219.6 219.7 219.8 219.9 219.10 219.11 219.12 219.13 219.14 219.15 219.16 219.17 219.18 219.19 219.20 219.21 219.22 219.23 219.24 219.25 219.26 219.27 219.28 219.29 219.30 219.31 219.32 219.33 219.34 220.1 220.2 220.3 220.4 220.5 220.6 220.7 220.8 220.9 220.10 220.11 220.12 220.13 220.14 220.15 220.16 220.17 220.18 220.19 220.20 220.21 220.22 220.23 220.24 220.25 220.26 220.27 220.28 220.29 220.30 220.31 220.32 220.33 220.34 220.35 221.1 221.2 221.3 221.4 221.5 221.6 221.7 221.8 221.9 221.10 221.11 221.12 221.13 221.14 221.15 221.16 221.17 221.18 221.19 221.20 221.21 221.22 221.23 221.24 221.25 221.26 221.27 221.28
221.29 221.30 221.31 221.32 221.33
222.1
222.2 222.3 222.4 222.5 222.6 222.7 222.8 222.9 222.10 222.11
222.12
222.13 222.14 222.15 222.16 222.17
222.18
222.19 222.20 222.21 222.22 222.23 222.24
222.25
222.26 222.27 222.28 222.29 222.30 223.1 223.2
223.3
223.4 223.5 223.6 223.7 223.8 223.9 223.10
223.11
223.12 223.13 223.14 223.15 223.16 223.17 223.18 223.19 223.20 223.21 223.22 223.23 223.24 223.25 223.26 223.27 223.28 223.29 223.30 223.31 223.32 224.1 224.2 224.3
224.4
224.5 224.6 224.7 224.8 224.9 224.10 224.11 224.12 224.13 224.14 224.15 224.16 224.17 224.18
224.19
224.20 224.21 224.22 224.23 224.24 224.25 224.26 224.27 224.28 224.29 224.30 224.31 224.32 225.1 225.2 225.3 225.4 225.5 225.6 225.7 225.8 225.9 225.10 225.11 225.12 225.13 225.14 225.15
225.16
225.17 225.18 225.19 225.20 225.21 225.22 225.23 225.24 225.25 225.26 225.27 225.28 225.29 225.30 225.31 225.32 225.33 225.34
226.1
226.2 226.3 226.4 226.5 226.6 226.7 226.8 226.9 226.10 226.11 226.12 226.13 226.14 226.15 226.16 226.17 226.18 226.19
226.20
226.21 226.22 226.23 226.24 226.25 226.26 226.27 226.28
226.29
226.30 226.31 226.32 227.1 227.2 227.3 227.4 227.5 227.6
227.7
227.8 227.9 227.10 227.11 227.12 227.13 227.14 227.15
227.16
227.17 227.18 227.19 227.20 227.21 227.22 227.23 227.24 227.25 227.26 227.27 227.28 227.29
227.30
228.1 228.2 228.3 228.4 228.5 228.6 228.7 228.8 228.9 228.10 228.11 228.12 228.13 228.14 228.15 228.16 228.17 228.18 228.19 228.20 228.21 228.22 228.23 228.24 228.25 228.26 228.27 228.28 228.29 228.30
228.31
228.32 228.33 228.34 229.1 229.2 229.3 229.4 229.5 229.6 229.7 229.8 229.9 229.10 229.11 229.12 229.13 229.14 229.15 229.16 229.17 229.18 229.19 229.20 229.21 229.22 229.23 229.24 229.25 229.26 229.27
229.28
229.29 229.30 229.31 229.32 229.33 229.34 229.35 230.1 230.2 230.3 230.4
230.5
230.6 230.7 230.8 230.9 230.10 230.11 230.12 230.13 230.14 230.15 230.16 230.17 230.18 230.19 230.20 230.21 230.22 230.23 230.24 230.25 230.26 230.27 230.28 230.29 230.30 230.31 230.32 230.33 230.34 231.1 231.2 231.3 231.4 231.5 231.6 231.7 231.8 231.9 231.10 231.11 231.12 231.13 231.14 231.15 231.16 231.17 231.18 231.19 231.20 231.21 231.22
231.23
231.24 231.25 231.26 231.27 231.28 231.29 231.30 231.31 231.32 231.33 231.34 231.35
232.1
232.2 232.3 232.4 232.5 232.6 232.7 232.8 232.9 232.10 232.11 232.12 232.13 232.14 232.15 232.16 232.17 232.18 232.19 232.20 232.21 232.22 232.23 232.24 232.25 232.26 232.27 232.28 232.29 232.30 232.31 232.32 232.33 232.34 233.1 233.2
233.3
233.4 233.5 233.6 233.7 233.8 233.9 233.10 233.11 233.12 233.13 233.14 233.15 233.16 233.17 233.18 233.19 233.20 233.21 233.22 233.23 233.24 233.25 233.26 233.27 233.28 233.29 233.30 233.31 233.32 233.33 233.34 233.35 234.1 234.2
234.3
234.4 234.5 234.6 234.7 234.8
234.9
234.10 234.11
234.12
234.13 234.14
234.15 234.16 234.17 234.18 234.19 234.20 234.21 234.22 234.23 234.24 234.25 234.26 234.27 234.28 235.1 235.2 235.3 235.4
235.5 235.6 235.7 235.8 235.9 235.10 235.11 235.12 235.13 235.14 235.15 235.16 235.17 235.18 235.19 235.20
235.21 235.22 235.23 235.24 235.25 235.26 235.27 235.28
235.29 236.1 236.2 236.3 236.4 236.5 236.6 236.7 236.8 236.9
236.10 236.11 236.12 236.13 236.14 236.15 236.16 236.17 236.18 236.19
236.20 236.21 236.22 236.23 236.24 236.25 236.26 236.27 236.28 236.29 237.1 237.2 237.3 237.4 237.5 237.6 237.7 237.8 237.9 237.10 237.11 237.12 237.13 237.14 237.15 237.16 237.17 237.18 237.19 237.20 237.21 237.22 237.23 237.24 237.25 237.26 237.27 237.28 237.29 237.30 237.31 237.32 237.33 237.34 237.35 238.1 238.2 238.3 238.4 238.5
238.6 238.7 238.8 238.9 238.10 238.11 238.12 238.13 238.14 238.15 238.16 238.17 238.18 238.19 238.20 238.21 238.22 238.23 238.24 238.25 238.26 238.27 238.28 238.29 238.30 239.1 239.2 239.3 239.4 239.5 239.6 239.7 239.8 239.9 239.10 239.11 239.12 239.13 239.14 239.15 239.16 239.17 239.18 239.19 239.20 239.21 239.22 239.23 239.24 239.25 239.26 239.27 239.28 239.29 239.30 239.31 239.32 239.33 240.1 240.2 240.3 240.4 240.5 240.6 240.7 240.8 240.9
240.10 240.11
240.12 240.13 240.14 240.15 240.16 240.17 240.18 240.19 240.20 240.21 240.22 240.23 240.24 240.25 240.26 240.27 240.28 240.29 240.30 240.31 240.32
241.1 241.2 241.3 241.4 241.5 241.6 241.7 241.8 241.9 241.10
241.11 241.12 241.13 241.14 241.15 241.16 241.17 241.18 241.19 241.20 241.21 241.22 241.23
241.24 241.25 241.26 241.27 241.28 241.29 241.30 241.31 241.32 241.33 242.1 242.2 242.3 242.4 242.5 242.6 242.7 242.8 242.9 242.10 242.11 242.12 242.13 242.14 242.15 242.16 242.17 242.18 242.19 242.20 242.21 242.22 242.23 242.24 242.25 242.26 242.27 242.28 242.29 242.30 242.31 242.32 242.33 242.34 242.35 243.1 243.2 243.3 243.4 243.5 243.6 243.7 243.8
243.9 243.10 243.11 243.12 243.13 243.14 243.15 243.16 243.17 243.18 243.19 243.20 243.21 243.22 243.23 243.24 243.25 243.26 243.27 243.28 243.29 243.30 243.31 243.32 243.33 243.34 243.35 244.1 244.2 244.3 244.4 244.5 244.6 244.7 244.8 244.9 244.10 244.11 244.12 244.13 244.14 244.15 244.16 244.17 244.18 244.19 244.20 244.21 244.22 244.23 244.24 244.25 244.26 244.27 244.28 244.29 244.30 244.31 244.32 244.33 244.34 244.35 244.36 245.1 245.2 245.3 245.4
245.5 245.6 245.7 245.8 245.9 245.10 245.11 245.12 245.13 245.14 245.15 245.16 245.17 245.18 245.19 245.20 245.21 245.22 245.23 245.24 245.25 245.26 245.27 245.28 245.29 245.30 245.31 245.32 245.33 245.34 246.1 246.2 246.3 246.4 246.5 246.6 246.7 246.8
246.9 246.10 246.11 246.12 246.13 246.14 246.15 246.16 246.17 246.18 246.19 246.20 246.21 246.22 246.23 246.24 246.25 246.26 246.27 246.28 246.29 246.30 246.31 246.32 247.1 247.2 247.3 247.4 247.5 247.6 247.7 247.8 247.9 247.10 247.11 247.12 247.13 247.14 247.15 247.16
247.17 247.18 247.19 247.20 247.21 247.22 247.23 247.24 247.25 247.26 247.27 247.28 247.29 247.30 247.31 247.32 247.33 247.34 248.1 248.2 248.3 248.4 248.5 248.6 248.7 248.8 248.9 248.10 248.11 248.12 248.13 248.14 248.15 248.16 248.17 248.18 248.19 248.20 248.21 248.22
248.23 248.24
248.25 248.26
248.27 248.28 248.29 248.30 248.31 248.32 249.1 249.2 249.3 249.4 249.5 249.6 249.7 249.8
249.9 249.10 249.11 249.12 249.13 249.14 249.15 249.16 249.17 249.18 249.19 249.20 249.21 249.22 249.23 249.24 249.25 249.26 250.1 250.2 250.3 250.4 250.5 250.6 250.7 250.8 250.9 250.10 250.11 250.12 250.13 250.14 250.15 250.16 250.17 250.18 250.19 250.20 250.21 250.22 250.23
250.24
251.1 251.2
251.3 251.4 251.5 251.6 251.7 251.8 251.9 251.10 251.11 251.12 251.13 251.14 251.15 251.16 251.17 251.18 251.19 251.20 251.21 251.22 251.23 251.24 251.25 251.26 251.27 251.28 251.29 251.30 251.31 251.32 251.33 251.34 251.35 252.1 252.2 252.3 252.4 252.5 252.6 252.7 252.8 252.9 252.10 252.11 252.12 252.13 252.14 252.15 252.16 252.17 252.18 252.19 252.20 252.21 252.22 252.23 252.24 252.25 252.26 252.27 252.28 252.29 252.30 252.31 252.32 252.33 252.34 252.35 252.36 253.1 253.2 253.3 253.4 253.5 253.6 253.7 253.8 253.9 253.10 253.11 253.12 253.13 253.14 253.15 253.16 253.17 253.18 253.19 253.20 253.21 253.22 253.23 253.24 253.25
253.26 253.27 253.28 253.29 253.30 253.31 253.32 253.33 253.34 253.35 254.1 254.2 254.3 254.4 254.5 254.6 254.7 254.8 254.9 254.10 254.11 254.12 254.13 254.14 254.15 254.16 254.17 254.18 254.19 254.20 254.21 254.22 254.23 254.24 254.25 254.26 254.27 254.28 254.29 254.30 254.31 254.32 254.33 254.34 254.35 254.36 255.1 255.2 255.3 255.4 255.5 255.6 255.7 255.8 255.9 255.10 255.11 255.12 255.13 255.14 255.15 255.16 255.17 255.18 255.19 255.20 255.21 255.22 255.23 255.24 255.25 255.26 255.27 255.28 255.29 255.30 255.31 255.32 255.33 255.34 255.35 256.1 256.2 256.3 256.4 256.5 256.6 256.7 256.8 256.9
256.10 256.11 256.12 256.13 256.14 256.15 256.16 256.17 256.18 256.19 256.20 256.21 256.22 256.23 256.24 256.25 256.26 256.27 256.28 256.29 256.30 256.31 256.32 256.33 256.34 256.35 257.1 257.2 257.3 257.4 257.5 257.6 257.7 257.8 257.9 257.10 257.11
257.12 257.13 257.14 257.15 257.16 257.17 257.18 257.19 257.20 257.21 257.22 257.23 257.24 257.25 257.26 257.27 257.28 257.29 257.30 257.31 257.32 257.33 257.34 257.35 258.1 258.2 258.3 258.4 258.5 258.6 258.7 258.8 258.9 258.10 258.11 258.12 258.13 258.14 258.15 258.16 258.17 258.18 258.19 258.20 258.21 258.22 258.23 258.24 258.25 258.26 258.27 258.28 258.29 258.30 258.31 258.32 258.33 258.34 258.35 259.1 259.2 259.3 259.4 259.5 259.6 259.7 259.8 259.9 259.10 259.11 259.12 259.13 259.14 259.15 259.16 259.17 259.18 259.19 259.20 259.21 259.22 259.23 259.24 259.25 259.26 259.27 259.28 259.29 259.30 259.31 259.32 259.33 259.34 259.35 259.36 260.1 260.2 260.3 260.4 260.5 260.6 260.7 260.8 260.9 260.10 260.11 260.12 260.13 260.14 260.15 260.16 260.17 260.18 260.19 260.20 260.21 260.22 260.23 260.24 260.25 260.26 260.27 260.28 260.29 260.30 260.31 260.32
260.33 260.34 260.35 261.1 261.2 261.3 261.4 261.5 261.6 261.7 261.8 261.9 261.10 261.11 261.12 261.13 261.14 261.15 261.16 261.17 261.18 261.19 261.20 261.21 261.22 261.23 261.24 261.25 261.26 261.27 261.28 261.29 261.30 261.31 261.32 261.33 261.34 261.35 261.36 262.1 262.2 262.3 262.4 262.5 262.6 262.7 262.8 262.9 262.10 262.11 262.12
262.13 262.14 262.15
262.16 262.17 262.18
262.19 262.20 262.21 262.22 262.23
262.24 262.25 262.26 262.27 262.28 262.29 262.30 262.31 263.1 263.2 263.3 263.4 263.5
263.6
263.7 263.8 263.9 263.10 263.11
263.12 263.13 263.14 263.15 263.16 263.17 263.18 263.19 263.20 263.21 263.22 263.23 263.24 263.25 263.26 263.27 263.28 263.29 263.30 263.31 263.32 263.33 263.34 264.1 264.2 264.3 264.4 264.5 264.6 264.7 264.8 264.9 264.10 264.11 264.12 264.13 264.14 264.15 264.16 264.17 264.18 264.19 264.20 264.21 264.22 264.23 264.24 264.25 264.26 264.27 264.28 264.29 264.30 264.31 264.32 264.33 264.34 264.35 264.36 265.1 265.2 265.3 265.4 265.5 265.6 265.7 265.8 265.9
265.10 265.11 265.12 265.13 265.14 265.15 265.16 265.17 265.18 265.19 265.20 265.21 265.22 265.23 265.24 265.25 265.26 265.27 265.28 265.29 265.30 265.31 265.32 265.33 265.34 265.35 266.1 266.2 266.3 266.4 266.5 266.6 266.7 266.8 266.9 266.10 266.11 266.12 266.13 266.14 266.15 266.16 266.17 266.18 266.19 266.20 266.21 266.22 266.23 266.24 266.25 266.26 266.27 266.28 266.29 266.30 266.31 266.32 266.33 266.34 266.35 267.1 267.2 267.3 267.4 267.5 267.6 267.7 267.8 267.9
267.10 267.11 267.12 267.13 267.14 267.15
267.16 267.17 267.18 267.19 267.20 267.21 267.22 267.23 267.24 267.25 267.26 267.27 267.28 267.29 267.30 267.31 267.32 267.33 267.34 267.35 268.1 268.2 268.3 268.4 268.5 268.6 268.7 268.8 268.9 268.10 268.11 268.12 268.13 268.14 268.15 268.16 268.17 268.18 268.19 268.20 268.21 268.22 268.23 268.24 268.25 268.26 268.27 268.28 268.29 268.30 268.31 268.32 268.33 268.34 268.35 268.36 269.1 269.2 269.3 269.4 269.5
269.6 269.7 269.8 269.9 269.10 269.11
269.12 269.13 269.14 269.15 269.16 269.17 269.18 269.19 269.20 269.21 269.22 269.23 269.24 269.25 269.26 269.27 269.28 269.29
269.30 269.31 269.32 269.33 270.1 270.2
270.3 270.4 270.5 270.6 270.7 270.8 270.9 270.10 270.11 270.12
270.13 270.14 270.15 270.16 270.17 270.18
270.19 270.20 270.21 270.22 270.23 270.24 270.25 270.26 270.27 270.28
270.29 270.30 270.31 270.32 271.1 271.2
271.3 271.4 271.5 271.6 271.7 271.8 271.9 271.10 271.11 271.12 271.13 271.14 271.15 271.16 271.17 271.18 271.19 271.20 271.21 271.22 271.23 271.24 271.25 271.26 271.27 271.28 271.29 271.30 271.31 271.32 271.33 272.1 272.2 272.3 272.4 272.5 272.6 272.7 272.8
272.9 272.10 272.11 272.12 272.13 272.14 272.15 272.16 272.17 272.18 272.19 272.20
272.21 272.22 272.23 272.24
272.25 272.26 272.27 272.28
272.29 272.30
272.31 273.1 273.2 273.3 273.4 273.5 273.6 273.7 273.8 273.9 273.10 273.11 273.12 273.13 273.14 273.15 273.16 273.17 273.18 273.19
273.20 273.21 273.22 273.23 273.24 273.25 273.26 273.27 273.28 273.29 273.30 273.31 273.32 273.33 273.34 273.35 274.1 274.2 274.3 274.4 274.5 274.6 274.7 274.8 274.9 274.10 274.11 274.12 274.13 274.14 274.15 274.16 274.17 274.18 274.19 274.20
274.21 274.22 274.23 274.24 274.25 274.26 274.27 274.28 274.29 274.30 274.31 274.32 274.33 274.34 274.35 275.1 275.2
275.3
275.4 275.5 275.6 275.7 275.8 275.9 275.10 275.11 275.12 275.13 275.14 275.15 275.16 275.17 275.18 275.19 275.20 275.21 275.22 275.23 275.24 275.25 275.26 275.27 275.28
275.29
275.30 275.31 275.32 275.33 276.1 276.2 276.3 276.4 276.5 276.6 276.7 276.8 276.9 276.10 276.11 276.12 276.13 276.14 276.15 276.16 276.17 276.18 276.19 276.20 276.21 276.22 276.23 276.24 276.25 276.26 276.27 276.28 276.29 276.30 276.31 276.32 276.33 276.34 276.35 277.1 277.2 277.3 277.4 277.5 277.6 277.7 277.8 277.9 277.10 277.11 277.12 277.13 277.14 277.15 277.16 277.17 277.18 277.19 277.20 277.21 277.22 277.23 277.24 277.25 277.26 277.27 277.28 277.29 277.30 277.31 277.32 277.33 277.34 277.35 278.1 278.2 278.3 278.4 278.5 278.6 278.7 278.8 278.9 278.10 278.11 278.12 278.13 278.14 278.15 278.16 278.17 278.18 278.19 278.20 278.21 278.22 278.23 278.24 278.25 278.26 278.27 278.28 278.29 278.30 278.31
278.32
278.33 278.34 279.1 279.2 279.3 279.4
279.5
279.6 279.7 279.8 279.9 279.10 279.11 279.12 279.13 279.14 279.15 279.16
279.17
279.18 279.19 279.20 279.21 279.22
279.23
279.24 279.25 279.26 279.27 279.28 279.29 279.30 280.1 280.2 280.3 280.4 280.5 280.6 280.7 280.8 280.9 280.10 280.11 280.12 280.13 280.14 280.15 280.16 280.17 280.18 280.19 280.20 280.21 280.22 280.23
280.24
280.25 280.26 280.27 280.28 280.29 280.30 280.31 280.32 280.33 281.1 281.2 281.3 281.4 281.5 281.6 281.7 281.8 281.9 281.10 281.11 281.12 281.13 281.14 281.15 281.16 281.17 281.18 281.19 281.20 281.21 281.22 281.23 281.24 281.25 281.26 281.27 281.28 281.29 281.30 281.31 281.32 281.33 281.34 281.35 282.1 282.2 282.3 282.4 282.5 282.6 282.7 282.8 282.9
282.10
282.11 282.12 282.13 282.14 282.15 282.16 282.17 282.18 282.19 282.20 282.21 282.22 282.23 282.24 282.25 282.26 282.27
282.28
282.29 282.30 282.31 282.32 282.33 283.1 283.2 283.3 283.4 283.5 283.6 283.7 283.8 283.9 283.10 283.11
283.12
283.13 283.14 283.15 283.16 283.17 283.18 283.19 283.20 283.21 283.22 283.23 283.24 283.25 283.26 283.27 283.28
283.29
283.30 283.31 283.32 283.33 284.1 284.2 284.3 284.4 284.5 284.6 284.7 284.8
284.9
284.10 284.11 284.12 284.13 284.14 284.15 284.16 284.17 284.18 284.19 284.20 284.21 284.22 284.23 284.24 284.25 284.26 284.27 284.28 284.29 284.30 284.31 284.32 284.33 284.34 284.35 285.1 285.2 285.3 285.4 285.5 285.6 285.7 285.8
285.9
285.10 285.11 285.12 285.13 285.14 285.15 285.16 285.17 285.18 285.19 285.20 285.21 285.22 285.23 285.24 285.25 285.26 285.27 285.28 285.29 285.30 285.31 285.32 285.33 286.1 286.2 286.3 286.4 286.5 286.6 286.7 286.8 286.9 286.10 286.11 286.12 286.13 286.14 286.15 286.16 286.17 286.18 286.19 286.20 286.21 286.22 286.23 286.24 286.25 286.26 286.27 286.28 286.29 286.30 286.31 286.32 286.33 286.34 286.35 286.36 287.1 287.2 287.3 287.4 287.5 287.6 287.7 287.8 287.9 287.10 287.11 287.12 287.13 287.14 287.15 287.16 287.17 287.18 287.19 287.20 287.21 287.22 287.23 287.24 287.25 287.26 287.27 287.28 287.29 287.30 287.31 287.32 287.33 287.34 287.35 287.36 288.1 288.2 288.3 288.4 288.5 288.6 288.7 288.8 288.9 288.10 288.11 288.12 288.13 288.14 288.15 288.16 288.17 288.18 288.19 288.20 288.21 288.22 288.23 288.24 288.25 288.26 288.27 288.28 288.29 288.30 288.31 288.32 288.33 288.34 288.35 288.36 289.1 289.2 289.3 289.4 289.5 289.6 289.7 289.8 289.9 289.10 289.11 289.12 289.13 289.14 289.15 289.16
289.17
289.18 289.19 289.20 289.21 289.22 289.23 289.24 289.25 289.26 289.27 289.28 289.29 289.30 289.31 289.32 289.33 289.34 289.35
290.1
290.2 290.3 290.4 290.5 290.6 290.7 290.8 290.9 290.10 290.11 290.12 290.13 290.14
290.15
290.16 290.17 290.18 290.19 290.20 290.21 290.22 290.23 290.24 290.25 290.26 290.27 290.28 290.29 290.30 290.31 290.32
291.1 291.2 291.3 291.4 291.5 291.6 291.7
291.8 291.9 291.10 291.11 291.12 291.13 291.14 291.15 291.16 291.17 291.18 291.19 291.20
291.21 291.22 291.23 291.24 291.25 291.26 291.27 291.28 291.29 291.30 291.31 291.32 291.33 291.34 292.1 292.2 292.3 292.4 292.5 292.6 292.7 292.8 292.9 292.10 292.11 292.12 292.13 292.14 292.15 292.16 292.17 292.18 292.19 292.20 292.21 292.22 292.23 292.24 292.25 292.26 292.27 292.28 292.29 292.30 292.31 292.32 292.33 292.34 292.35 293.1 293.2 293.3 293.4 293.5 293.6 293.7 293.8 293.9 293.10 293.11 293.12 293.13 293.14 293.15 293.16 293.17 293.18 293.19 293.20 293.21 293.22 293.23 293.24 293.25 293.26 293.27 293.28 293.29 293.30 293.31 293.32 293.33 293.34 293.35 293.36 294.1 294.2 294.3 294.4 294.5 294.6 294.7 294.8 294.9 294.10 294.11 294.12 294.13 294.14 294.15 294.16 294.17 294.18 294.19 294.20 294.21 294.22 294.23 294.24 294.25 294.26 294.27 294.28
294.29
294.30 294.31 294.32 294.33 294.34 294.35 295.1 295.2 295.3 295.4 295.5 295.6 295.7 295.8 295.9 295.10 295.11 295.12 295.13 295.14 295.15 295.16 295.17 295.18 295.19 295.20 295.21 295.22 295.23 295.24 295.25 295.26 295.27 295.28 295.29
295.30 295.31 295.32 295.33 295.34 295.35
296.1
296.2 296.3 296.4 296.5 296.6 296.7 296.8 296.9 296.10 296.11 296.12 296.13 296.14 296.15 296.16 296.17 296.18 296.19 296.20 296.21 296.22 296.23 296.24 296.25 296.26 296.27 296.28 296.29 296.30 296.31 296.32 296.33
297.1 297.2 297.3 297.4 297.5 297.6 297.7 297.8 297.9 297.10 297.11 297.12 297.13 297.14 297.15 297.16 297.17 297.18 297.19 297.20 297.21 297.22 297.23 297.24 297.25
297.26
297.27 297.28 297.29 297.30 297.31 297.32 297.33 297.34 298.1 298.2 298.3 298.4 298.5 298.6 298.7 298.8 298.9 298.10 298.11 298.12 298.13 298.14 298.15 298.16 298.17 298.18
298.19 298.20 298.21 298.22 298.23 298.24 298.25 298.26 298.27 298.28 298.29 298.30 298.31 298.32 298.33 298.34 298.35 299.1 299.2 299.3 299.4 299.5 299.6 299.7 299.8 299.9 299.10 299.11 299.12 299.13 299.14 299.15 299.16 299.17 299.18 299.19 299.20 299.21 299.22 299.23
299.24 299.25 299.26 299.27 299.28 299.29 299.30 299.31 299.32 299.33 299.34 299.35 300.1 300.2 300.3 300.4 300.5 300.6 300.7 300.8 300.9
300.10 300.11 300.12 300.13 300.14 300.15 300.16 300.17 300.18 300.19 300.20 300.21
300.22 300.23 300.24 300.25 300.26 300.27 300.28 300.29 300.30 300.31 300.32 300.33
301.1 301.2 301.3 301.4 301.5 301.6 301.7 301.8 301.9 301.10 301.11 301.12 301.13 301.14 301.15
301.16 301.17 301.18 301.19 301.20
301.21 301.22 301.23 301.24 301.25 301.26 301.27 301.28 301.29 301.30 301.31 301.32 301.33 301.34 302.1 302.2 302.3 302.4 302.5 302.6 302.7 302.8 302.9 302.10 302.11 302.12 302.13 302.14 302.15 302.16 302.17 302.18 302.19 302.20 302.21 302.22 302.23 302.24 302.25 302.26 302.27 302.28 302.29 302.30 302.31 302.32 302.33 302.34
302.35 303.1 303.2 303.3 303.4 303.5 303.6 303.7 303.8 303.9 303.10 303.11 303.12 303.13 303.14 303.15 303.16 303.17 303.18 303.19 303.20 303.21 303.22 303.23 303.24 303.25 303.26 303.27 303.28 303.29 303.30 303.31 303.32 303.33 303.34 303.35 304.1 304.2 304.3 304.4 304.5 304.6 304.7 304.8 304.9 304.10 304.11 304.12 304.13 304.14 304.15 304.16 304.17 304.18 304.19 304.20 304.21 304.22 304.23 304.24 304.25 304.26 304.27 304.28 304.29
304.30 304.31 304.32 304.33 304.34 304.35 305.1 305.2 305.3 305.4 305.5 305.6 305.7 305.8 305.9 305.10 305.11 305.12 305.13 305.14
305.15 305.16 305.17 305.18 305.19 305.20 305.21 305.22 305.23 305.24 305.25 305.26 305.27 305.28 305.29 305.30 305.31 305.32 305.33 305.34 305.35 306.1 306.2 306.3 306.4 306.5 306.6 306.7 306.8 306.9 306.10 306.11 306.12 306.13 306.14 306.15 306.16 306.17 306.18 306.19 306.20 306.21 306.22 306.23 306.24 306.25 306.26 306.27 306.28 306.29 306.30 306.31 306.32 306.33 306.34 306.35 306.36 307.1 307.2 307.3 307.4 307.5 307.6 307.7 307.8 307.9 307.10 307.11 307.12 307.13 307.14 307.15 307.16 307.17 307.18 307.19 307.20 307.21 307.22 307.23 307.24 307.25 307.26 307.27 307.28 307.29 307.30 307.31 307.32 307.33 307.34 307.35 307.36 308.1 308.2 308.3 308.4 308.5 308.6 308.7 308.8
308.9
308.10 308.11 308.12 308.13 308.14 308.15 308.16 308.17 308.18 308.19 308.20 308.21 308.22 308.23 308.24 308.25 308.26 308.27 308.28 308.29 308.30 308.31 308.32 308.33 308.34 308.35 309.1 309.2 309.3 309.4 309.5 309.6 309.7 309.8 309.9 309.10 309.11 309.12 309.13 309.14 309.15 309.16 309.17 309.18 309.19 309.20 309.21 309.22 309.23 309.24
309.25 309.26 309.27 309.28 309.29 309.30 309.31 309.32 309.33 309.34 309.35 310.1 310.2 310.3 310.4 310.5 310.6 310.7 310.8 310.9 310.10 310.11 310.12 310.13 310.14 310.15 310.16 310.17 310.18 310.19 310.20 310.21 310.22 310.23 310.24 310.25 310.26 310.27 310.28 310.29 310.30 310.31 310.32 310.33 310.34 310.35 310.36 311.1 311.2 311.3 311.4 311.5 311.6 311.7 311.8 311.9 311.10 311.11 311.12 311.13 311.14 311.15 311.16 311.17 311.18 311.19 311.20 311.21 311.22 311.23 311.24 311.25 311.26 311.27 311.28 311.29 311.30 311.31 311.32 311.33 311.34 312.1 312.2 312.3 312.4 312.5 312.6 312.7 312.8 312.9 312.10 312.11 312.12 312.13 312.14 312.15 312.16 312.17 312.18 312.19 312.20 312.21 312.22 312.23 312.24 312.25 312.26 312.27 312.28 312.29 312.30 312.31
312.32
312.33 312.34 313.1 313.2 313.3 313.4 313.5 313.6 313.7 313.8 313.9 313.10 313.11 313.12 313.13 313.14 313.15 313.16 313.17 313.18 313.19 313.20 313.21 313.22 313.23 313.24 313.25 313.26 313.27 313.28 313.29 313.30 313.31 313.32 313.33 313.34 313.35 313.36 314.1 314.2 314.3 314.4 314.5 314.6 314.7 314.8 314.9 314.10 314.11 314.12 314.13 314.14 314.15 314.16 314.17 314.18 314.19 314.20 314.21 314.22 314.23 314.24 314.25 314.26 314.27 314.28 314.29 314.30 314.31 314.32 314.33 314.34 314.35 314.36 315.1 315.2 315.3 315.4 315.5 315.6 315.7 315.8 315.9 315.10 315.11 315.12 315.13 315.14 315.15 315.16 315.17 315.18 315.19 315.20 315.21 315.22 315.23 315.24 315.25 315.26 315.27 315.28 315.29 315.30 315.31 315.32 315.33 315.34 315.35 316.1 316.2 316.3 316.4 316.5 316.6 316.7 316.8 316.9 316.10 316.11 316.12 316.13 316.14
316.15
316.16 316.17 316.18 316.19 316.20 316.21 316.22 316.23 316.24 316.25 316.26 316.27 316.28 316.29 316.30
316.31 316.32
317.1 317.2 317.3 317.4 317.5 317.6 317.7 317.8 317.9 317.10 317.11 317.12 317.13 317.14 317.15 317.16 317.17 317.18 317.19 317.20 317.21
317.22
317.23 317.24 317.25 317.26 317.27 317.28 317.29 317.30 317.31 317.32 317.33 318.1 318.2 318.3 318.4 318.5 318.6 318.7 318.8 318.9
318.10
318.11 318.12 318.13 318.14 318.15 318.16 318.17 318.18 318.19 318.20 318.21 318.22 318.23 318.24 318.25 318.26 318.27 318.28 318.29 318.30 318.31 318.32 318.33 318.34 318.35 319.1 319.2 319.3 319.4 319.5 319.6 319.7 319.8 319.9 319.10 319.11
319.12
319.13 319.14 319.15 319.16 319.17 319.18 319.19 319.20 319.21 319.22 319.23 319.24 319.25 319.26 319.27
319.28 319.29 319.30 319.31
319.32
320.1 320.2 320.3 320.4 320.5 320.6 320.7 320.8 320.9 320.10 320.11 320.12 320.13 320.14 320.15 320.16 320.17
320.18 320.19 320.20 320.21 320.22 320.23 320.24 320.25 320.26 320.27 320.28 320.29 320.30
320.31
320.32 320.33 321.1 321.2 321.3 321.4 321.5 321.6 321.7 321.8 321.9 321.10 321.11 321.12 321.13 321.14 321.15 321.16 321.17 321.18 321.19 321.20 321.21 321.22 321.23 321.24 321.25 321.26 321.27 321.28 321.29 321.30 321.31 321.32
321.33 321.34
321.35 322.1 322.2 322.3 322.4 322.5 322.6 322.7 322.8 322.9 322.10 322.11 322.12 322.13 322.14 322.15 322.16 322.17 322.18 322.19 322.20
322.21
322.22 322.23 322.24 322.25 322.26 322.27 322.28 322.29 322.30 322.31 322.32 322.33 322.34 322.35 323.1 323.2 323.3 323.4 323.5 323.6 323.7 323.8 323.9 323.10 323.11 323.12 323.13 323.14 323.15 323.16 323.17 323.18 323.19 323.20 323.21 323.22
323.23
323.24 323.25 323.26 323.27
323.28
323.29 323.30 323.31 323.32 323.33 324.1 324.2 324.3 324.4 324.5 324.6
324.7
324.8 324.9 324.10 324.11 324.12 324.13 324.14 324.15 324.16 324.17 324.18 324.19 324.20 324.21 324.22 324.23 324.24 324.25 324.26
324.27
324.28 324.29 324.30 324.31 324.32 324.33 325.1 325.2 325.3 325.4 325.5 325.6 325.7 325.8 325.9 325.10 325.11
325.12 325.13
325.14 325.15 325.16 325.17 325.18 325.19 325.20 325.21 325.22 325.23 325.24 325.25 325.26 325.27 325.28 325.29 325.30 325.31 325.32 325.33 325.34 325.35 326.1 326.2 326.3 326.4 326.5 326.6 326.7 326.8 326.9 326.10 326.11 326.12 326.13 326.14
326.15
326.16 326.17 326.18 326.19 326.20 326.21 326.22 326.23 326.24 326.25 326.26 326.27 326.28 326.29 326.30 326.31 326.32 326.33 326.34 326.35 327.1 327.2 327.3 327.4 327.5 327.6 327.7 327.8 327.9 327.10 327.11 327.12 327.13 327.14 327.15 327.16 327.17 327.18 327.19 327.20 327.21 327.22 327.23 327.24 327.25 327.26 327.27 327.28 327.29 327.30 327.31 327.32 327.33 327.34 327.35 327.36 328.1 328.2 328.3 328.4 328.5
328.6
328.7 328.8 328.9 328.10 328.11 328.12 328.13 328.14 328.15 328.16 328.17 328.18 328.19 328.20 328.21 328.22 328.23 328.24 328.25 328.26 328.27 328.28 328.29 328.30 328.31 328.32 328.33 328.34 329.1 329.2 329.3 329.4 329.5 329.6 329.7 329.8 329.9 329.10 329.11 329.12 329.13 329.14 329.15 329.16 329.17 329.18 329.19 329.20 329.21 329.22
329.23 329.24 329.25 329.26 329.27 329.28 329.29 329.30 329.31 329.32 329.33 329.34 330.1 330.2 330.3 330.4 330.5 330.6 330.7 330.8 330.9 330.10 330.11 330.12 330.13 330.14 330.15 330.16 330.17 330.18 330.19 330.20 330.21 330.22 330.23 330.24 330.25 330.26 330.27 330.28 330.29 330.30 330.31 330.32 330.33 330.34 330.35 331.1 331.2 331.3
331.4 331.5 331.6 331.7 331.8 331.9 331.10 331.11 331.12 331.13
331.14 331.15 331.16 331.17 331.18
331.19 331.20 331.21 331.22 331.23 331.24 331.25 331.26 331.27 331.28 331.29 331.30 331.31 331.32 332.1 332.2 332.3 332.4 332.5 332.6 332.7 332.8 332.9 332.10 332.11 332.12 332.13 332.14 332.15 332.16 332.17 332.18 332.19 332.20 332.21 332.22 332.23 332.24 332.25 332.26 332.27 332.28 332.29 332.30 332.31 332.32 332.33 332.34 332.35 332.36 333.1 333.2 333.3 333.4 333.5 333.6 333.7 333.8 333.9 333.10 333.11 333.12 333.13 333.14 333.15 333.16 333.17 333.18 333.19 333.20 333.21 333.22 333.23 333.24 333.25
333.26
333.27 333.28 333.29 333.30
333.31 333.32 333.33 333.34 334.1 334.2 334.3 334.4 334.5 334.6 334.7 334.8
334.9
334.10 334.11 334.12 334.13 334.14 334.15 334.16 334.17 334.18 334.19 334.20
334.21
334.22 334.23 334.24 334.25
334.26 334.27
334.28 334.29 334.30 334.31 334.32 335.1 335.2 335.3 335.4 335.5 335.6 335.7 335.8 335.9 335.10 335.11 335.12 335.13 335.14 335.15 335.16 335.17 335.18 335.19 335.20 335.21 335.22 335.23 335.24 335.25 335.26 335.27 335.28 335.29 335.30 335.31 335.32 335.33 335.34 335.35 335.36 336.1 336.2 336.3 336.4 336.5 336.6 336.7 336.8 336.9 336.10 336.11 336.12 336.13 336.14 336.15 336.16 336.17 336.18
336.19 336.20 336.21 336.22 336.23 336.24 336.25 336.26 336.27 336.28 336.29 336.30 336.31 336.32 336.33 336.34 337.1 337.2 337.3 337.4 337.5 337.6
337.7 337.8 337.9 337.10 337.11 337.12 337.13
337.14 337.15 337.16 337.17 337.18 337.19 337.20 337.21 337.22 337.23 337.24 337.25 337.26 337.27 337.28 337.29 337.30 337.31 337.32 337.33 337.34 338.1 338.2 338.3 338.4 338.5 338.6 338.7 338.8 338.9
338.10 338.11 338.12 338.13 338.14 338.15 338.16 338.17 338.18 338.19 338.20 338.21 338.22
338.23 338.24 338.25 338.26 338.27 338.28 338.29 338.30 338.31 338.32 338.33 338.34 339.1 339.2 339.3 339.4 339.5 339.6 339.7 339.8 339.9 339.10 339.11 339.12 339.13 339.14
339.15 339.16 339.17 339.18 339.19 339.20 339.21 339.22 339.23 339.24 339.25 339.26 339.27 339.28 339.29 339.30 339.31 339.32 339.33 339.34 340.1 340.2 340.3 340.4 340.5 340.6 340.7 340.8 340.9 340.10 340.11 340.12 340.13 340.14 340.15 340.16 340.17 340.18 340.19 340.20 340.21 340.22 340.23 340.24 340.25 340.26 340.27 340.28 340.29 340.30 340.31 340.32 340.33 340.34 340.35 340.36 341.1 341.2 341.3 341.4 341.5 341.6 341.7 341.8 341.9 341.10 341.11 341.12 341.13 341.14 341.15 341.16 341.17 341.18 341.19 341.20 341.21 341.22 341.23 341.24 341.25 341.26 341.27 341.28 341.29 341.30 341.31 341.32 341.33 341.34 341.35 341.36 342.1 342.2 342.3 342.4 342.5 342.6 342.7 342.8 342.9 342.10 342.11 342.12 342.13 342.14 342.15 342.16 342.17 342.18 342.19 342.20 342.21 342.22 342.23 342.24 342.25 342.26 342.27 342.28 342.29 342.30 342.31 342.32 342.33 342.34 342.35 343.1 343.2 343.3 343.4 343.5 343.6 343.7 343.8 343.9 343.10 343.11 343.12 343.13 343.14 343.15 343.16 343.17 343.18 343.19 343.20 343.21 343.22 343.23 343.24 343.25 343.26 343.27 343.28 343.29 343.30 343.31 343.32 343.33 343.34 343.35 343.36 344.1 344.2 344.3 344.4 344.5 344.6 344.7 344.8 344.9 344.10 344.11 344.12 344.13 344.14 344.15 344.16 344.17 344.18 344.19 344.20 344.21 344.22 344.23 344.24 344.25 344.26 344.27 344.28 344.29 344.30 344.31 344.32 344.33 344.34 344.35 344.36 345.1 345.2 345.3 345.4 345.5 345.6 345.7 345.8 345.9 345.10 345.11 345.12 345.13 345.14 345.15 345.16 345.17 345.18 345.19 345.20 345.21 345.22 345.23 345.24 345.25 345.26 345.27 345.28 345.29 345.30 345.31 345.32 345.33
345.34
345.35 346.1 346.2 346.3 346.4 346.5 346.6 346.7 346.8
346.9 346.10 346.11 346.12 346.13 346.14 346.15 346.16 346.17 346.18 346.19 346.20 346.21 346.22 346.23 346.24 346.25 346.26 346.27 346.28 346.29 346.30 346.31 346.32 346.33 346.34 346.35 347.1 347.2 347.3 347.4 347.5 347.6 347.7 347.8 347.9 347.10 347.11 347.12 347.13 347.14 347.15 347.16 347.17 347.18 347.19 347.20 347.21 347.22 347.23 347.24 347.25 347.26 347.27 347.28 347.29 347.30 347.31 347.32 347.33 347.34 347.35 347.36 348.1 348.2 348.3 348.4 348.5 348.6 348.7 348.8 348.9 348.10 348.11 348.12 348.13 348.14 348.15 348.16 348.17 348.18 348.19 348.20 348.21 348.22 348.23 348.24 348.25 348.26 348.27 348.28 348.29 348.30 348.31 348.32 348.33 348.34 348.35 348.36 349.1 349.2 349.3 349.4 349.5 349.6 349.7 349.8 349.9 349.10 349.11 349.12 349.13 349.14
349.15 349.16 349.17 349.18 349.19 349.20 349.21 349.22 349.23 349.24 349.25 349.26 349.27 349.28 349.29 349.30 349.31 349.32 349.33 349.34 349.35 350.1 350.2 350.3 350.4 350.5 350.6 350.7 350.8 350.9 350.10 350.11 350.12 350.13 350.14 350.15 350.16 350.17 350.18 350.19 350.20 350.21 350.22 350.23 350.24 350.25 350.26 350.27 350.28 350.29 350.30 350.31 350.32 350.33 350.34 350.35 350.36 351.1 351.2 351.3 351.4 351.5 351.6 351.7
351.8 351.9 351.10 351.11 351.12 351.13 351.14 351.15 351.16 351.17 351.18 351.19 351.20 351.21 351.22 351.23 351.24 351.25 351.26 351.27 351.28 351.29 351.30 351.31 351.32 351.33 351.34 351.35 352.1 352.2 352.3 352.4 352.5 352.6 352.7 352.8 352.9 352.10 352.11 352.12 352.13 352.14 352.15 352.16 352.17 352.18 352.19 352.20 352.21 352.22
352.23 352.24 352.25 352.26 352.27 352.28 352.29 352.30 352.31 352.32 352.33 352.34 353.1 353.2 353.3 353.4 353.5 353.6 353.7 353.8 353.9 353.10 353.11 353.12 353.13 353.14 353.15 353.16 353.17 353.18 353.19 353.20 353.21 353.22 353.23 353.24 353.25 353.26 353.27 353.28 353.29 353.30 353.31 353.32 353.33 353.34 353.35 353.36 354.1 354.2 354.3
354.4 354.5 354.6 354.7 354.8 354.9 354.10 354.11 354.12 354.13 354.14 354.15 354.16 354.17 354.18 354.19 354.20 354.21 354.22 354.23 354.24 354.25 354.26 354.27 354.28 354.29 354.30 354.31 354.32 354.33 354.34 355.1 355.2 355.3 355.4 355.5 355.6 355.7 355.8 355.9 355.10 355.11 355.12 355.13 355.14 355.15 355.16 355.17 355.18 355.19 355.20 355.21 355.22 355.23 355.24 355.25 355.26 355.27 355.28 355.29 355.30 355.31 355.32 355.33 355.34 355.35 355.36 356.1 356.2 356.3 356.4 356.5 356.6 356.7 356.8 356.9 356.10 356.11 356.12 356.13 356.14 356.15 356.16 356.17 356.18 356.19 356.20 356.21 356.22 356.23 356.24 356.25 356.26 356.27 356.28 356.29 356.30 356.31
356.32
356.33 356.34 357.1 357.2 357.3 357.4 357.5 357.6
357.7 357.8 357.9
357.10 357.11
357.12 357.13 357.14 357.15 357.16
357.17 357.18 357.19 357.20 357.21 357.22 357.23 357.24 357.25 357.26 357.27 357.28 357.29 357.30 357.31 357.32 357.33 358.1 358.2 358.3 358.4 358.5 358.6 358.7 358.8 358.9 358.10 358.11 358.12 358.13 358.14 358.15 358.16 358.17 358.18 358.19 358.20 358.21 358.22 358.23 358.24 358.25 358.26 358.27 358.28 358.29 358.30 358.31 358.32 358.33 358.34 358.35 359.1 359.2 359.3 359.4 359.5 359.6 359.7 359.8 359.9 359.10 359.11 359.12 359.13 359.14 359.15 359.16 359.17 359.18 359.19 359.20 359.21 359.22 359.23 359.24 359.25 359.26 359.27 359.28 359.29 359.30 359.31 359.32 359.33 359.34 359.35 359.36 360.1 360.2 360.3 360.4 360.5 360.6 360.7 360.8 360.9 360.10 360.11 360.12 360.13 360.14 360.15 360.16 360.17 360.18 360.19 360.20 360.21 360.22 360.23 360.24 360.25 360.26 360.27 360.28 360.29 360.30 360.31 360.32 360.33 360.34 360.35 360.36 361.1 361.2 361.3 361.4 361.5 361.6 361.7 361.8 361.9 361.10 361.11 361.12 361.13 361.14 361.15 361.16 361.17
361.18 361.19 361.20 361.21 361.22
361.23 361.24 361.25 361.26 361.27 361.28 361.29 361.30 361.31
361.32 361.33 362.1 362.2 362.3 362.4 362.5
362.6 362.7 362.8 362.9 362.10 362.11
362.12 362.13 362.14 362.15 362.16 362.17 362.18 362.19 362.20 362.21 362.22 362.23 362.24 362.25 362.26 362.27 362.28 362.29 362.30 362.31 362.32 362.33 362.34
363.1 363.2 363.3 363.4 363.5 363.6 363.7 363.8 363.9 363.10 363.11 363.12
363.13 363.14 363.15 363.16 363.17 363.18 363.19 363.20 363.21 363.22 363.23 363.24 363.25 363.26 363.27 363.28 363.29 363.30 363.31 363.32 363.33
364.1 364.2 364.3 364.4 364.5
364.6 364.7 364.8 364.9 364.10 364.11 364.12 364.13 364.14 364.15 364.16 364.17 364.18 364.19 364.20 364.21 364.22 364.23 364.24 364.25 364.26 364.27 364.28 364.29 364.30 364.31 364.32 364.33 364.34 364.35 364.36 365.1 365.2 365.3 365.4 365.5 365.6 365.7 365.8 365.9 365.10 365.11 365.12 365.13 365.14 365.15 365.16 365.17 365.18 365.19 365.20 365.21 365.22 365.23 365.24 365.25 365.26 365.27 365.28
365.29 365.30 365.31 365.32 365.33 365.34 365.35 365.36 366.1 366.2 366.3 366.4 366.5 366.6 366.7 366.8 366.9 366.10 366.11 366.12 366.13 366.14 366.15 366.16 366.17 366.18 366.19 366.20 366.21 366.22 366.23 366.24 366.25 366.26 366.27 366.28 366.29 366.30 366.31 366.32 366.33 366.34 366.35
367.1 367.2 367.3 367.4 367.5 367.6 367.7 367.8 367.9
367.10 367.11 367.12 367.13 367.14 367.15 367.16 367.17
367.18 367.19 367.20 367.21 367.22 367.23 367.24
367.25 367.26 367.27 367.28 367.29 367.30 367.31 367.32 367.33 368.1 368.2 368.3 368.4 368.5 368.6 368.7 368.8 368.9 368.10 368.11 368.12 368.13 368.14 368.15 368.16 368.17 368.18 368.19 368.20 368.21 368.22 368.23 368.24 368.25 368.26 368.27 368.28 368.29 368.30 368.31 368.32 368.33 368.34 368.35 368.36 369.1 369.2 369.3 369.4 369.5 369.6 369.7 369.8 369.9 369.10
369.11 369.12 369.13 369.14 369.15 369.16 369.17 369.18 369.19 369.20 369.21 369.22 369.23 369.24
369.25 369.26 369.27 369.28 369.29 369.30 369.31 369.32 369.33 370.1 370.2 370.3 370.4 370.5 370.6 370.7 370.8 370.9 370.10 370.11 370.12 370.13 370.14 370.15 370.16 370.17 370.18
370.19 370.20 370.21 370.22 370.23 370.24 370.25 370.26 370.27 370.28 370.29 370.30 370.31 370.32 370.33 370.34 371.1 371.2 371.3 371.4 371.5 371.6 371.7 371.8 371.9 371.10 371.11 371.12 371.13 371.14 371.15 371.16 371.17 371.18 371.19 371.20 371.21 371.22 371.23 371.24 371.25 371.26 371.27 371.28 371.29 371.30 371.31 371.32 371.33 371.34 371.35 371.36 372.1 372.2 372.3 372.4 372.5 372.6 372.7 372.8 372.9 372.10 372.11 372.12 372.13 372.14
372.15 372.16 372.17 372.18 372.19
372.20 372.21 372.22
372.23 372.24 372.25 372.26 372.27 372.28 372.29 372.30 372.31 372.32 372.33 372.34 373.1 373.2 373.3 373.4 373.5 373.6 373.7 373.8 373.9 373.10 373.11 373.12 373.13 373.14 373.15 373.16
373.17
373.18 373.19 373.20 373.21 373.22
373.23
373.24 373.25 373.26 373.27 373.28 373.29 373.30 373.31 373.32 374.1 374.2 374.3 374.4 374.5 374.6 374.7 374.8 374.9 374.10 374.11 374.12 374.13 374.14 374.15 374.16 374.17 374.18 374.19 374.20 374.21 374.22 374.23 374.24 374.25 374.26 374.27 374.28 374.29 374.30 374.31 374.32 374.33 374.34 374.35 374.36 375.1 375.2 375.3 375.4 375.5 375.6 375.7 375.8 375.9 375.10 375.11 375.12 375.13 375.14 375.15 375.16 375.17 375.18 375.19 375.20 375.21 375.22 375.23 375.24 375.25 375.26 375.27 375.28 375.29 375.30 375.31 375.32 375.33 375.34 375.35 375.36 376.1 376.2 376.3 376.4 376.5 376.6 376.7 376.8 376.9 376.10 376.11 376.12 376.13 376.14 376.15 376.16 376.17 376.18 376.19 376.20 376.21 376.22 376.23 376.24 376.25 376.26 376.27 376.28 376.29 376.30 376.31 376.32 376.33 376.34 376.35 377.1 377.2 377.3 377.4 377.5 377.6 377.7 377.8 377.9 377.10 377.11 377.12 377.13 377.14 377.15 377.16 377.17 377.18 377.19 377.20 377.21
377.22 377.23 377.24 377.25 377.26 377.27
377.28 377.29 377.30 377.31 377.32 377.33 377.34 377.35 378.1 378.2 378.3 378.4 378.5 378.6 378.7 378.8 378.9 378.10 378.11
378.12
378.13 378.14 378.15
378.16
378.17 378.18 378.19 378.20
378.21 378.22
378.23 378.24 378.25 378.26
378.27 378.28 378.29 378.30 378.31 379.1 379.2 379.3 379.4 379.5 379.6 379.7 379.8 379.9 379.10 379.11 379.12 379.13 379.14 379.15 379.16 379.17
379.18 379.19 379.20 379.21 379.22 379.23 379.24 379.25 379.26 379.27 379.28 379.29 379.30 379.31 379.32 379.33 379.34 380.1 380.2 380.3 380.4
380.5 380.6 380.7 380.8 380.9 380.10 380.11 380.12 380.13 380.14 380.15 380.16 380.17 380.18 380.19 380.20 380.21 380.22 380.23 380.24 380.25 380.26 380.27 380.28 380.29 380.30 380.31 380.32 380.33 380.34 380.35 381.1 381.2 381.3 381.4 381.5 381.6 381.7 381.8 381.9 381.10 381.11 381.12 381.13 381.14 381.15
381.16
381.17 381.18 381.19 381.20 381.21 381.22 381.23 381.24 381.25 381.26 381.27 381.28 381.29 381.30 381.31 381.32 381.33
381.34
382.1 382.2 382.3 382.4 382.5 382.6 382.7 382.8 382.9 382.10 382.11 382.12 382.13 382.14
382.15 382.16 382.17 382.18 382.19 382.20 382.21 382.22 382.23
382.24
382.25 382.26 382.27 382.28 382.29 382.30
382.31
383.1 383.2 383.3 383.4 383.5
383.6 383.7 383.8 383.9 383.10 383.11 383.12 383.13 383.14 383.15 383.16 383.17 383.18 383.19 383.20 383.21 383.22 383.23 383.24 383.25 383.26 383.27 383.28 383.29 383.30 383.31 383.32
383.33 384.1 384.2 384.3 384.4 384.5 384.6 384.7 384.8 384.9 384.10 384.11 384.12 384.13 384.14 384.15 384.16 384.17
384.18 384.19 384.20 384.21 384.22 384.23 384.24 384.25 384.26 384.27 384.28 384.29 384.30 384.31 384.32 384.33 384.34 385.1 385.2 385.3 385.4 385.5 385.6 385.7 385.8 385.9 385.10 385.11 385.12 385.13 385.14
385.15 385.16 385.17 385.18 385.19 385.20 385.21 385.22 385.23 385.24 385.25 385.26 385.27 385.28 385.29 385.30 385.31 385.32 385.33 385.34 385.35 386.1 386.2 386.3 386.4 386.5 386.6 386.7 386.8 386.9 386.10 386.11 386.12 386.13 386.14 386.15 386.16 386.17 386.18 386.19 386.20 386.21 386.22 386.23 386.24 386.25 386.26 386.27 386.28 386.29 386.30
386.31 386.32 386.33 386.34 386.35 387.1 387.2 387.3 387.4 387.5 387.6 387.7 387.8 387.9 387.10 387.11 387.12 387.13 387.14 387.15 387.16 387.17 387.18 387.19 387.20 387.21 387.22 387.23 387.24 387.25 387.26 387.27 387.28 387.29 387.30 387.31 387.32 387.33 387.34 387.35 387.36 388.1 388.2 388.3 388.4 388.5 388.6 388.7 388.8 388.9 388.10 388.11 388.12 388.13 388.14
388.15 388.16 388.17 388.18 388.19 388.20 388.21 388.22 388.23 388.24 388.25 388.26 388.27 388.28 388.29 388.30 388.31 388.32 388.33 388.34 388.35 389.1 389.2 389.3 389.4 389.5 389.6 389.7
389.8 389.9 389.10 389.11 389.12 389.13
389.14 389.15 389.16 389.17 389.18 389.19 389.20 389.21 389.22 389.23 389.24 389.25 389.26 389.27 389.28 389.29 389.30 389.31 389.32 389.33 389.34 390.1 390.2 390.3 390.4 390.5 390.6 390.7 390.8 390.9 390.10 390.11 390.12 390.13 390.14 390.15 390.16 390.17 390.18 390.19 390.20 390.21 390.22 390.23 390.24 390.25 390.26 390.27 390.28 390.29 390.30 390.31 390.32 390.33 390.34 390.35 391.1 391.2 391.3 391.4 391.5 391.6 391.7 391.8 391.9 391.10 391.11 391.12 391.13 391.14 391.15 391.16 391.17 391.18 391.19 391.20 391.21 391.22 391.23 391.24 391.25 391.26 391.27 391.28 391.29 391.30 391.31 391.32 391.33 391.34 391.35 392.1 392.2 392.3 392.4 392.5 392.6 392.7 392.8 392.9 392.10 392.11 392.12 392.13 392.14 392.15 392.16 392.17 392.18 392.19 392.20 392.21 392.22 392.23 392.24 392.25 392.26 392.27 392.28 392.29 392.30 392.31 392.32 392.33 392.34 392.35 392.36 393.1 393.2 393.3 393.4 393.5 393.6 393.7 393.8
393.9 393.10 393.11 393.12 393.13 393.14 393.15 393.16 393.17 393.18 393.19 393.20 393.21 393.22 393.23 393.24 393.25
393.26 393.27 393.28 393.29 393.30 393.31 393.32 393.33 393.34
394.1 394.2 394.3 394.4 394.5 394.6 394.7 394.8 394.9 394.10 394.11 394.12 394.13 394.14 394.15 394.16 394.17 394.18 394.19 394.20 394.21 394.22 394.23 394.24 394.25 394.26 394.27 394.28 394.29 394.30 394.31 394.32 394.33 394.34 394.35 395.1 395.2 395.3 395.4 395.5 395.6 395.7 395.8 395.9 395.10 395.11
395.12 395.13 395.14 395.15 395.16 395.17 395.18 395.19
395.20 395.21 395.22 395.23 395.24 395.25 395.26 395.27 395.28 395.29 395.30 395.31 395.32 395.33 395.34 396.1 396.2 396.3 396.4 396.5 396.6 396.7 396.8 396.9 396.10 396.11 396.12 396.13 396.14 396.15 396.16 396.17 396.18 396.19 396.20 396.21
396.22 396.23 396.24 396.25 396.26 396.27 396.28 396.29 396.30 396.31 396.32 396.33 396.34 396.35
397.1 397.2 397.3 397.4 397.5 397.6 397.7 397.8 397.9 397.10 397.11 397.12 397.13 397.14 397.15 397.16 397.17 397.18 397.19 397.20 397.21 397.22 397.23 397.24 397.25 397.26 397.27 397.28 397.29 397.30 397.31 397.32 397.33 397.34 397.35 398.1 398.2 398.3 398.4 398.5 398.6 398.7 398.8 398.9 398.10 398.11 398.12 398.13 398.14 398.15 398.16 398.17 398.18 398.19 398.20 398.21 398.22 398.23 398.24 398.25 398.26 398.27 398.28 398.29 398.30 398.31 398.32 398.33 398.34 398.35
399.1 399.2 399.3 399.4 399.5 399.6 399.7 399.8 399.9 399.10 399.11 399.12 399.13 399.14 399.15 399.16 399.17 399.18 399.19 399.20 399.21 399.22 399.23 399.24 399.25 399.26 399.27 399.28 399.29 399.30 399.31 399.32 399.33 399.34 399.35 400.1 400.2 400.3 400.4 400.5 400.6 400.7 400.8 400.9 400.10 400.11 400.12 400.13 400.14 400.15 400.16 400.17 400.18 400.19 400.20 400.21 400.22 400.23 400.24 400.25 400.26 400.27 400.28 400.29 400.30 400.31 400.32 400.33 400.34 400.35 400.36 401.1 401.2 401.3 401.4 401.5 401.6 401.7 401.8 401.9 401.10 401.11 401.12 401.13 401.14 401.15 401.16 401.17 401.18 401.19 401.20
401.21 401.22 401.23 401.24 401.25 401.26 401.27 401.28 401.29 401.30
401.31 401.32 401.33 401.34
402.1 402.2 402.3 402.4 402.5 402.6 402.7 402.8 402.9 402.10 402.11 402.12 402.13 402.14 402.15 402.16 402.17 402.18 402.19 402.20 402.21 402.22 402.23 402.24 402.25 402.26 402.27 402.28 402.29 402.30 402.31 402.32 402.33 402.34 402.35 403.1 403.2 403.3 403.4 403.5 403.6 403.7 403.8 403.9 403.10 403.11 403.12 403.13 403.14 403.15 403.16 403.17 403.18 403.19 403.20 403.21 403.22 403.23 403.24 403.25 403.26
403.27 403.28 403.29
403.30 403.31 403.32 403.33 403.34 403.35 404.1 404.2 404.3 404.4 404.5 404.6 404.7 404.8 404.9 404.10
404.11
404.12 404.13 404.14 404.15 404.16 404.17 404.18
404.19 404.20 404.21 404.22
404.23 404.24 404.25 404.26 404.27 404.28 404.29 404.30 404.31 405.1 405.2 405.3 405.4 405.5 405.6 405.7 405.8 405.9 405.10 405.11 405.12 405.13 405.14 405.15 405.16 405.17 405.18 405.19 405.20 405.21 405.22 405.23 405.24 405.25 405.26 405.27 405.28 405.29 406.1 406.2
406.3
406.4 406.5 406.6 406.7 406.8
406.9 406.10
406.11 406.12 406.13 406.14 406.15
406.16 406.17 406.18 406.19 406.20 406.21 406.22 406.23 406.24 406.25 406.26 406.27 406.28 406.29 406.30 406.31 406.32 407.1 407.2 407.3 407.4 407.5 407.6 407.7 407.8 407.9 407.10 407.11 407.12 407.13 407.14 407.15 407.16 407.17 407.18 407.19 407.20 407.21 407.22 407.23 407.24 407.25 407.26 407.27 407.28 407.29 407.30 407.31 407.32 407.33 407.34 407.35 407.36 408.1 408.2 408.3 408.4 408.5 408.6 408.7 408.8 408.9 408.10 408.11 408.12 408.13 408.14 408.15 408.16 408.17 408.18 408.19 408.20
408.21 408.22 408.23 408.24 408.25 408.26 408.27 408.28 408.29 408.30 408.31 408.32 408.33 408.34
409.1 409.2 409.3 409.4 409.5 409.6 409.7 409.8 409.9 409.10 409.11 409.12 409.13 409.14 409.15 409.16 409.17 409.18 409.19 409.20 409.21 409.22 409.23 409.24 409.25 409.26 409.27 409.28 409.29 409.30 409.31 409.32 409.33 409.34 409.35 410.1 410.2 410.3 410.4 410.5 410.6 410.7 410.8 410.9 410.10 410.11 410.12 410.13 410.14 410.15 410.16 410.17 410.18 410.19 410.20 410.21 410.22 410.23 410.24 410.25 410.26 410.27 410.28 410.29 410.30 410.31 410.32 410.33 410.34 410.35 410.36 411.1 411.2 411.3 411.4 411.5
411.6 411.7 411.8 411.9 411.10 411.11 411.12 411.13 411.14 411.15 411.16 411.17 411.18 411.19 411.20 411.21 411.22 411.23 411.24 411.25
411.26 411.27 411.28 411.29 411.30 411.31 411.32 411.33 411.34 412.1 412.2 412.3
412.4 412.5 412.6 412.7 412.8 412.9 412.10 412.11 412.12 412.13 412.14 412.15 412.16 412.17 412.18
412.19 412.20 412.21 412.22 412.23 412.24 412.25 412.26 412.27 412.28 412.29 412.30 412.31 412.32 412.33 412.34 413.1 413.2 413.3 413.4 413.5 413.6 413.7 413.8 413.9 413.10 413.11 413.12 413.13 413.14 413.15 413.16 413.17 413.18 413.19 413.20 413.21
413.22 413.23 413.24 413.25 413.26 413.27 413.28 413.29 413.30 413.31 413.32 413.33 413.34 413.35 414.1 414.2 414.3 414.4 414.5 414.6 414.7 414.8 414.9 414.10 414.11 414.12 414.13 414.14 414.15 414.16 414.17 414.18 414.19 414.20 414.21 414.22 414.23 414.24 414.25 414.26 414.27 414.28 414.29 414.30 414.31 414.32 414.33 414.34 414.35 415.1 415.2 415.3 415.4
415.5 415.6 415.7 415.8
415.9 415.10 415.11 415.12 415.13 415.14 415.15 415.16 415.17 415.18 415.19 415.20 415.21 415.22 415.23 415.24 415.25 415.26 415.27 415.28 415.29 415.30
415.31
415.32 415.33 416.1 416.2 416.3 416.4 416.5 416.6 416.7 416.8 416.9 416.10 416.11 416.12 416.13 416.14 416.15 416.16 416.17
416.18
416.19 416.20 416.21 416.22 416.23 416.24 416.25 416.26 416.27 416.28 416.29 416.30 416.31
416.32 416.33 416.34 417.1 417.2 417.3 417.4 417.5 417.6 417.7 417.8 417.9 417.10 417.11 417.12 417.13 417.14 417.15 417.16 417.17 417.18 417.19 417.20 417.21 417.22 417.23 417.24 417.25 417.26 417.27
417.28 417.29
417.30 417.31 417.32 417.33 417.34 418.1 418.2
418.3 418.4 418.5 418.6 418.7 418.8 418.9 418.10 418.11 418.12 418.13 418.14 418.15 418.16 418.17 418.18 418.19 418.20 418.21 418.22 418.23 418.24 418.25 418.26 418.27 418.28 418.29 418.30 418.31 418.32 418.33 418.34 418.35 419.1 419.2 419.3 419.4 419.5 419.6 419.7 419.8 419.9 419.10 419.11 419.12 419.13 419.14 419.15 419.16 419.17 419.18 419.19 419.20 419.21 419.22 419.23 419.24 419.25 419.26 419.27 419.28 419.29 419.30 419.31 419.32 419.33 419.34 419.35 419.36 420.1 420.2 420.3 420.4 420.5 420.6 420.7 420.8 420.9 420.10 420.11 420.12 420.13 420.14 420.15 420.16 420.17 420.18 420.19 420.20 420.21 420.22 420.23 420.24 420.25 420.26 420.27 420.28 420.29 420.30 420.31 420.32 420.33 420.34 420.35 421.1 421.2 421.3 421.4 421.5 421.6 421.7 421.8 421.9 421.10 421.11 421.12 421.13 421.14 421.15 421.16 421.17 421.18
421.19
421.20 421.21 421.22 421.23 421.24 421.25 421.26 421.27 421.28 421.29 421.30 421.31 421.32
421.33 421.34 422.1 422.2 422.3 422.4 422.5 422.6 422.7 422.8 422.9
422.10 422.11 422.12 422.13 422.14 422.15 422.16 422.17 422.18 422.19 422.20 422.21 422.22 422.23 422.24 422.25 422.26 422.27
422.28
422.29 422.30 422.31 422.32 422.33 423.1 423.2 423.3 423.4 423.5 423.6 423.7 423.8 423.9 423.10 423.11 423.12
423.13 423.14 423.15 423.16 423.17 423.18 423.19 423.20
423.21 423.22 423.23 423.24 423.25 423.26 423.27 423.28
423.29 423.30 423.31 423.32 423.33 424.1 424.2 424.3 424.4 424.5 424.6 424.7 424.8 424.9 424.10 424.11 424.12 424.13 424.14 424.15 424.16
424.17 424.18 424.19 424.20 424.21 424.22 424.23 424.24 424.25 424.26 424.27 424.28 424.29 424.30 424.31 424.32 424.33 424.34 424.35 425.1 425.2 425.3 425.4 425.5 425.6 425.7 425.8 425.9 425.10 425.11 425.12 425.13 425.14 425.15 425.16 425.17 425.18 425.19 425.20 425.21 425.22 425.23 425.24 425.25 425.26 425.27 425.28 425.29 425.30 425.31 425.32 425.33 425.34 425.35 425.36 426.1 426.2 426.3 426.4 426.5 426.6 426.7 426.8 426.9 426.10 426.11 426.12 426.13 426.14 426.15 426.16 426.17 426.18 426.19 426.20 426.21 426.22 426.23 426.24 426.25 426.26 426.27 426.28 426.29 426.30 426.31 426.32 426.33 426.34 426.35 426.36 427.1 427.2 427.3 427.4 427.5 427.6 427.7 427.8 427.9 427.10 427.11 427.12 427.13 427.14 427.15 427.16 427.17 427.18 427.19 427.20 427.21 427.22 427.23 427.24 427.25 427.26 427.27 427.28 427.29 427.30 427.31 427.32 427.33
427.34 427.35
428.1 428.2 428.3 428.4 428.5 428.6 428.7 428.8 428.9 428.10 428.11 428.12 428.13 428.14 428.15 428.16 428.17 428.18 428.19 428.20 428.21
428.22 428.23
428.24 428.25 428.26 428.27 428.28 428.29 428.30 428.31 428.32 428.33 428.34 429.1 429.2 429.3 429.4 429.5 429.6 429.7 429.8 429.9 429.10 429.11 429.12 429.13 429.14 429.15 429.16 429.17 429.18 429.19 429.20 429.21 429.22
429.23 429.24
429.25 429.26 429.27 429.28 429.29
429.30 429.31 430.1 430.2 430.3 430.4 430.5 430.6 430.7 430.8 430.9 430.10 430.11 430.12 430.13 430.14 430.15 430.16 430.17 430.18 430.19 430.20 430.21
430.22 430.23 430.24 430.25 430.26
430.27 430.28 430.29 430.30 430.31 430.32 430.33 431.1 431.2 431.3 431.4 431.5 431.6 431.7 431.8 431.9 431.10 431.11 431.12 431.13 431.14 431.15 431.16
431.17 431.18 431.19 431.20
431.21 431.22 431.23
431.24 431.25
431.26 431.27 431.28 431.29 431.30 431.31 431.32 431.33 432.1 432.2 432.3 432.4 432.5 432.6 432.7 432.8 432.9 432.10 432.11 432.12 432.13 432.14 432.15
432.16 432.17 432.18 432.19 432.20 432.21 432.22 432.23 432.24 432.25 432.26 432.27 432.28 432.29 432.30 432.31 432.32 433.1 433.2 433.3 433.4 433.5 433.6 433.7 433.8 433.9 433.10 433.11 433.12 433.13 433.14 433.15 433.16 433.17 433.18 433.19 433.20 433.21 433.22 433.23 433.24 433.25 433.26 433.27 433.28 433.29 433.30 433.31 433.32 434.1 434.2 434.3 434.4 434.5 434.6 434.7 434.8 434.9 434.10 434.11 434.12 434.13 434.14 434.15 434.16 434.17 434.18 434.19 434.20 434.21 434.22 434.23 434.24 434.25 434.26 434.27 434.28 434.29 434.30 435.1 435.2 435.3 435.4 435.5 435.6 435.7 435.8 435.9 435.10 435.11 435.12 435.13 435.14 435.15 435.16 435.17 435.18 435.19 435.20 435.21 435.22 435.23 435.24 435.25 435.26 435.27 435.28 435.29 435.30 435.31 435.32 435.33 435.34 436.1 436.2 436.3 436.4 436.5 436.6 436.7 436.8 436.9 436.10 436.11 436.12 436.13 436.14 436.15 436.16 436.17 436.18 436.19 436.20 436.21 436.22 436.23 436.24 436.25 436.26 436.27 436.28 436.29 436.30 436.31 436.32 436.33 436.34 437.1 437.2 437.3 437.4 437.5 437.6 437.7 437.8 437.9 437.10 437.11 437.12 437.13 437.14 437.15 437.16 437.17 437.18 437.19 437.20 437.21 437.22 437.23 437.24 437.25 437.26 437.27 437.28 437.29 437.30 437.31 437.32 438.1 438.2 438.3 438.4 438.5 438.6 438.7 438.8 438.9 438.10 438.11 438.12 438.13 438.14 438.15 438.16 438.17 438.18 438.19 438.20 438.21 438.22 438.23 438.24 438.25 438.26 438.27 438.28 438.29 438.30 439.1 439.2 439.3 439.4 439.5 439.6 439.7 439.8 439.9 439.10 439.11 439.12 439.13 439.14 439.15 439.16 439.17 439.18 439.19 439.20 439.21 439.22 439.23 439.24 439.25 439.26 439.27 439.28 439.29 440.1 440.2 440.3 440.4 440.5 440.6 440.7 440.8 440.9 440.10 440.11 440.12 440.13 440.14 440.15 440.16 440.17 440.18 440.19 440.20 440.21 440.22 440.23 440.24 440.25 440.26 440.27 440.28 440.29 440.30 440.31 440.32 440.33 440.34 441.1 441.2 441.3 441.4 441.5 441.6 441.7 441.8 441.9 441.10 441.11 441.12 441.13 441.14 441.15 441.16 441.17 441.18 441.19 441.20 441.21 441.22 441.23 441.24 441.25 441.26 441.27 441.28 441.29 441.30 441.31 441.32 441.33 441.34 441.35 442.1 442.2 442.3 442.4 442.5 442.6 442.7 442.8 442.9 442.10 442.11 442.12 442.13 442.14 442.15 442.16 442.17 442.18 442.19 442.20 442.21 442.22 442.23 442.24 442.25 442.26 442.27 442.28 442.29 442.30 442.31 442.32 443.1 443.2 443.3 443.4 443.5 443.6 443.7 443.8 443.9 443.10 443.11 443.12 443.13 443.14 443.15 443.16 443.17 443.18 443.19 443.20 443.21 443.22 443.23 443.24 443.25 443.26 443.27 443.28 443.29 443.30 443.31 444.1 444.2 444.3 444.4 444.5 444.6 444.7 444.8 444.9 444.10 444.11 444.12 444.13 444.14 444.15 444.16 444.17 444.18 444.19 444.20 444.21 444.22 444.23 444.24 444.25 444.26 444.27 444.28 444.29 444.30 444.31 444.32 444.33 445.1 445.2 445.3 445.4 445.5 445.6 445.7 445.8 445.9 445.10 445.11 445.12 445.13 445.14 445.15 445.16 445.17 445.18 445.19 445.20 445.21 445.22 445.23 445.24 445.25 445.26 445.27 445.28 445.29 445.30 445.31 445.32 446.1 446.2 446.3 446.4 446.5 446.6 446.7 446.8 446.9 446.10 446.11 446.12 446.13 446.14 446.15 446.16 446.17 446.18 446.19 446.20 446.21 446.22 446.23 446.24 446.25 446.26 446.27 446.28 446.29 446.30 446.31 446.32 446.33 446.34 446.35 447.1 447.2 447.3 447.4 447.5
447.6 447.7 447.8 447.9 447.10 447.11 447.12 447.13 447.14 447.15 447.16 447.17 447.18 447.19 447.20 447.21 447.22 447.23 447.24 447.25 447.26 447.27 447.28 447.29 447.30 448.1 448.2 448.3 448.4 448.5 448.6 448.7 448.8 448.9 448.10 448.11 448.12 448.13 448.14 448.15 448.16 448.17 448.18 448.19 448.20 448.21 448.22 448.23 448.24 448.25 448.26 448.27 448.28 448.29 448.30 448.31 448.32 448.33 449.1 449.2 449.3 449.4 449.5 449.6 449.7 449.8 449.9 449.10 449.11 449.12
449.13 449.14 449.15 449.16 449.17 449.18 449.19 449.20 449.21 449.22 449.23 449.24 449.25 449.26 449.27 449.28 449.29
449.30 449.31 449.32 450.1 450.2 450.3 450.4 450.5 450.6 450.7 450.8 450.9 450.10 450.11 450.12 450.13 450.14 450.15 450.16 450.17 450.18 450.19 450.20 450.21 450.22 450.23 450.24 450.25 450.26 450.27 450.28 450.29 450.30 450.31 450.32 451.1 451.2 451.3 451.4 451.5 451.6 451.7 451.8 451.9 451.10 451.11 451.12 451.13 451.14 451.15 451.16 451.17 451.18 451.19 451.20 451.21 451.22 451.23
451.24 451.25 451.26 451.27 451.28 451.29 451.30 451.31 451.32 452.1 452.2
452.3 452.4 452.5 452.6 452.7 452.8 452.9 452.10
452.11 452.12 452.13 452.14 452.15 452.16 452.17 452.18
452.19 452.20 452.21 452.22 452.23 452.24 452.25 452.26
452.27 452.28 452.29 452.30 452.31 453.1 453.2
453.3 453.4 453.5 453.6 453.7 453.8 453.9 453.10 453.11 453.12 453.13 453.14 453.15 453.16 453.17 453.18
453.19 453.20 453.21
453.22 453.23
A bill for an act
relating to the financing of state government; making supplemental
appropriations for education, environment and agriculture, economic
development, transportation, public safety, state government, and health and
human services; modifying certain statutory provisions and laws; providing for
certain programs; establishing task forces, commissions, and an office in state
government; fixing and limiting fees; authorizing rulemaking; requiring reports;
providing for penalties; appropriating money; amending Minnesota Statutes
2004, sections 13.6905, by adding a subdivision; 16B.325; 43A.08, subdivision
1a; 47.58, subdivision 8; 62A.045; 62Q.19, subdivision 2; 62S.05, by adding a
subdivision; 62S.08, subdivision 3; 62S.081, subdivision 4; 62S.10, subdivision
2; 62S.13, by adding a subdivision; 62S.14, subdivision 2; 62S.15; 62S.20,
subdivision 1; 62S.24, subdivisions 1, 3, 4, by adding subdivisions; 62S.25,
subdivision 6, by adding a subdivision; 62S.26; 62S.266, subdivision 2; 62S.29,
subdivision 1; 62S.30; 80C.01, subdivision 4; 84.0835, subdivision 3; 85.053,
by adding a subdivision; 85.054, by adding a subdivision; 85.32, subdivision
1; 97A.028, subdivision 3; 97A.045, subdivision 11; 115.03, by adding a
subdivision; 115B.48, subdivision 3; 115E.01, subdivisions 5, 6, 7, 13, by
adding subdivisions; 115E.04, subdivision 2, by adding subdivisions; 115E.05,
subdivisions 1, 2; 115E.08, subdivision 3; 116J.421, subdivision 3; 116J.543;
116L.04, subdivisions 1, 1a; 116L.12, subdivision 4; 119A.50, subdivision 1;
119A.52; 119A.53; 119A.545; 119B.011, by adding a subdivision; 119B.03,
subdivision 4; 119B.05, subdivision 1; 119B.13, by adding a subdivision;
120A.20, subdivision 1; 120A.22, subdivision 3; 120B.021, subdivision 1;
120B.023; 120B.024; 121A.035; 121A.15, subdivision 10; 121A.17, subdivision
3; 122A.09, subdivision 4; 122A.18, subdivision 2; 122A.31, subdivision 1, by
adding a subdivision; 123A.06, subdivision 2; 123A.44; 123A.441; 123A.442;
123A.443; 123B.10, subdivision 1; 123B.57, subdivision 6; 123B.77, subdivision
3, by adding a subdivision; 123B.90, subdivision 2; 123B.91, by adding a
subdivision; 124D.02, subdivisions 2, 4; 124D.095, subdivision 3; 124D.096;
124D.10, subdivision 16; 124D.11, subdivision 9; 124D.13, subdivisions
2, 3; 124D.518, subdivision 4; 124D.52, subdivision 1; 124D.61; 124D.68,
subdivision 3; 125A.02, subdivision 1; 125A.27, subdivisions 3, 7, 8, 11, 15,
18; 125A.29; 125A.30; 125A.32; 125A.33; 125A.48; 125A.515, subdivisions
1, 3, 5, 6, 7, 9, 10; 125A.62, subdivision 1; 125A.63, subdivision 4; 125A.65,
subdivisions 3, 4, 6, 8, 10; 125A.69, subdivision 3; 125A.75, subdivision 1,
by adding a subdivision; 126C.05, subdivision 1; 126C.10, subdivision 6, by
adding subdivisions; 126C.44; 127A.41, subdivision 2; 135A.031, subdivision
7, by adding subdivisions; 135A.053, subdivision 2; 136A.101, subdivisions 4,
8; 136A.15, subdivisions 6, 9, by adding a subdivision; 136A.16, by adding a
subdivision; 136A.162; 136A.1701, subdivisions 4, 7, by adding a subdivision;
136A.233, subdivision 3; 136F.02, subdivision 1; 136F.42, subdivision 1;
136F.71, subdivision 2, by adding a subdivision; 137.17, subdivisions 1, 3;
144.552; 144.6501, subdivision 6; 144.9501, subdivisions 1, 2, by adding
a subdivision; 144.9503, subdivision 3; 144.9507, by adding a subdivision;
144A.071, subdivision 4c; 144A.4605; 144D.01, by adding a subdivision;
144D.015; 144D.02; 144D.03, subdivision 2; 144D.04; 144D.05; 144D.065;
145.925, by adding a subdivision; 169.01, subdivision 6; 169.447, subdivision
2; 169.4501, subdivisions 1, 2; 169.4502, subdivision 5; 169.4503, subdivision
20; 171.321, subdivisions 4, 5; 178.03, by adding a subdivision; 181.101;
183.02, by adding a subdivision; 216C.41, subdivision 4; 245.465, by adding
a subdivision; 245.50, subdivisions 1, 2, 5; 245.771, by adding a subdivision;
245.94, subdivision 1; 245.97, subdivision 6; 245A.023; 245A.14, by adding
a subdivision; 246.54, subdivision 1, by adding a subdivision; 253B.02,
subdivision 2; 256.01, by adding subdivisions; 256.014, by adding subdivisions;
256.975, subdivision 7; 256B.02, subdivision 9; 256B.056, subdivision 2, by
adding subdivisions; 256B.0595, subdivisions 1, 3, 4; 256B.0625, subdivisions
20, 28, by adding subdivisions; 256B.0911, subdivision 3a; 256B.0913, by
adding a subdivision; 256B.0945, subdivisions 1, 4; 256B.15, by adding a
subdivision; 256B.437, subdivision 3; 256B.69, subdivisions 5g, 5h, 9, by adding
a subdivision; 256B.76; 256J.01, by adding a subdivision; 256J.021; 256J.08,
subdivision 65; 256J.37, subdivision 3a; 256J.521, subdivisions 1, 2; 256J.53,
subdivision 2, by adding a subdivision; 256J.626, subdivisions 1, 2, 3, 4, 5;
256L.03, subdivision 3; 256L.04, subdivisions 7, 10, by adding a subdivision;
256L.07, subdivision 2; 256L.11, subdivision 1, by adding subdivisions;
256L.12, subdivision 9a; 256L.15, subdivision 1; 259.87; 298.22, subdivisions 1,
8, by adding a subdivision; 298.2213, subdivision 4; 298.223, subdivisions 2, 3;
299F.30; 326.105; 446A.03, subdivision 5; 446A.12, subdivision 1; 462A.05,
by adding a subdivision; 473.252, subdivision 3; 488A.03, subdivisions 6, 11;
518.551, subdivision 7; 518.5852; 626.556, subdivisions 3b, 3c; Minnesota
Statutes 2005 Supplement, sections 35.05; 85.053, subdivision 2; 85.055,
subdivision 1; 115C.09, subdivision 3j; 116J.551, subdivision 1; 119B.13,
subdivision 1; 120B.021, subdivision 1a; 120B.11, subdivision 2; 120B.131,
subdivision 2; 121A.19; 122A.414, subdivisions 2b, 3; 122A.415, subdivisions
1, 3; 123B.04, subdivision 2; 123B.76, subdivision 3; 123B.92, subdivisions 1,
5; 124D.095, subdivision 4; 124D.111, subdivision 1; 124D.135, subdivision
1; 124D.175; 124D.531, subdivision 1; 124D.68, subdivision 2; 125A.11,
subdivision 1; 125A.28; 125A.79, subdivision 1; 126C.10, subdivisions 24, 31,
34; 126C.43, subdivision 2; 127A.45, subdivision 10; 135A.52, subdivisions 1,
2; 136A.121, subdivision 7a; 136A.1701, subdivision 12; 144.551, subdivision
1; 201.061, subdivision 3; 216C.052, subdivisions 3, 4; 216C.41, subdivision
3; 245.4874; 245C.24, subdivision 2; 256B.0571; 256B.0595, subdivision 2;
256B.06, subdivision 4; 256B.0625, subdivision 1a; 256B.075, subdivision
2; 256B.0911, subdivision 1a; 256B.0918, subdivisions 1, 3, 4; 256B.0946,
subdivision 1; 256B.434, subdivision 4; 256B.69, subdivision 23; 256D.03,
subdivisions 3, 4; 256J.626, subdivision 6; 256L.01, subdivision 4; 256L.03,
subdivisions 1, 5; 256L.035; 256L.04, subdivision 1a; 256L.07, subdivisions 1,
3; 256L.15, subdivision 2; 298.296, subdivision 1; 298.298; 299A.78; 327.201;
626.556, subdivisions 2, 3; Laws 1998, chapter 404, section 15, subdivision 2,
as amended; Laws 2005, chapter 136, article 1, sections 10; 13, subdivision 3;
Laws 2005, chapter 156, article 1, section 11, subdivision 5; Laws 2005, First
Special Session chapter 1, article 2, sections 3, subdivision 2; 11, subdivision
10; article 3, section 2, subdivision 4; Laws 2005, First Special Session chapter
4, article 7, section 59; article 9, sections 3, subdivision 2; 5, subdivision
8; Laws 2005, First Special Session chapter 5, article 1, sections 47; 54,
subdivisions 2, 3, 5, 6, 7, 8; article 2, section 84, subdivisions 2, 3, 4, 6, 7,
10, 13; article 3, section 18, subdivisions 2, 3, 4, 5, 6, 7; article 4, section 25,
subdivisions 2, 3, 4, 6; article 5, section 17, subdivisions 2, 3; article 6, section
1, subdivisions 2, 3, 5; article 7, section 20, subdivisions 2, 3, 4, 5; article 8,
section 8, subdivisions 2, 3, 5; article 9, section 4, subdivision 2; article 10,
section 5, subdivision 2; proposing coding for new law in Minnesota Statutes,
chapters 3; 4; 16E; 43A; 62S; 80C; 85; 115E; 116J; 119A; 121A; 122A; 124D;
135A; 136A; 144; 144A; 144D; 152; 245; 254A; 256; 256B; 256D; 256J;
256K; 256L; 259; 299A; 299F; 325E; 341; proposing coding for new law as
Minnesota Statutes, chapter 144G; repealing Minnesota Statutes 2004, sections
17.10; 62J.694, subdivision 5; 119A.46, subdivisions 4, 5, 6, 7, 9, 10; 119A.51;
120A.20, subdivision 3; 121A.23; 123B.749; 125A.10; 125A.515, subdivision
2; 135A.031, subdivision 5; 135A.033; 136A.15, subdivision 5; 136A.1702;
137.17, subdivisions 2, 4; 169.4502, subdivision 15; 169.4503, subdivisions 17,
18, 26; 245.465, subdivision 2; 256B.0945, subdivisions 5, 6, 7, 8, 9; 256B.83;
256J.626, subdivision 9; 488A.03, subdivision 11b; Minnesota Statutes 2005
Supplement, sections 119A.46, subdivisions 1, 2, 3, 8; 119B.13, subdivision
7; 135A.031, subdivisions 3, 4; 256B.0571, subdivisions 2, 5, 11; 256J.626,
subdivision 7; 256L.035; Laws 2003, First Special Session chapter 14, article
9, section 36; Minnesota Rules, parts 4668.0215; 4850.0011, subparts 10, 14,
27, 9; 4850.0014, subpart 1.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
SUMMARY
Section 1. new text begin APPROPRIATIONS SUMMARY.
|
||||||
|
new text begin
(General Fund Only, Excluding Forecast Adjustments) new text end |
||||||
|
new text begin
APPROPRIATIONS new text end |
new text begin
2006 new text end |
new text begin
2007 new text end |
new text begin
TOTAL new text end |
|||
|
new text begin
Early Childhood Education new text end |
new text begin
$ new text end |
new text begin
124,000 new text end |
new text begin
$ new text end |
new text begin
23,294,000 new text end |
new text begin
$ new text end |
new text begin
23,418,000 new text end |
|
new text begin
K-12 Education new text end |
new text begin
463,000 new text end |
new text begin
34,437,000 new text end |
new text begin
34,900,000 new text end |
|||
|
new text begin
Higher Education new text end |
new text begin
4,700,000 new text end |
new text begin
4,700,000 new text end |
||||
|
new text begin
Environment & Agriculture new text end |
new text begin
523,000 new text end |
new text begin
2,363,000 new text end |
new text begin
2,886,000 new text end |
|||
|
new text begin
Clean Water Legacy new text end |
new text begin
20,000,000 new text end |
new text begin
20,000,000 new text end |
||||
|
new text begin
Economic Development new text end |
new text begin
1,750,000 new text end |
new text begin
2,850,000 new text end |
new text begin
4,600,000 new text end |
|||
|
new text begin
Transportation new text end |
new text begin
4,320,000 new text end |
new text begin
4,320,000 new text end |
||||
|
new text begin
Public Safety new text end |
new text begin
3,562,000 new text end |
new text begin
6,650,000 new text end |
new text begin
10,212,000 new text end |
|||
|
new text begin
State Government new text end |
new text begin
4,250,000 new text end |
new text begin
5,057,000 new text end |
new text begin
9,307,000 new text end |
|||
|
new text begin
Health and Human Services new text end |
new text begin
26,673,000 new text end |
new text begin
66,463,000 new text end |
new text begin
93,136,000 new text end |
|||
|
new text begin
SUBTOTAL new text end |
new text begin
$ new text end |
new text begin
37,345,000 new text end |
new text begin
$ new text end |
new text begin
170,134,000 new text end |
new text begin
$ new text end |
new text begin
207,479,000 new text end |
|
new text begin
TRANSFERS IN new text end |
new text begin
2,933,000 new text end |
new text begin
900,000 new text end |
new text begin
3,833,000 new text end |
|||
|
new text begin
TOTAL new text end |
new text begin
$ new text end |
new text begin
34,412,000 new text end |
new text begin
$ new text end |
new text begin
169,234,000 new text end |
new text begin
$ new text end |
new text begin
203,646,000 new text end |
ARTICLE 2
EARLY CHILDHOOD EDUCATION
Section 1. new text begin EARLY EDUCATION APPROPRIATIONS.
new text end
new text begin Subdivision 1. new text end
new text begin
Summary
new text end
|
new text begin
SUMMARY BY FUND new text end |
||||||
|
new text begin
2006 new text end |
new text begin
2007 new text end |
new text begin
TOTAL new text end |
||||
|
new text begin
General new text end |
new text begin
$ new text end |
new text begin
124,000 new text end |
new text begin
$ new text end |
new text begin
23,294,000 new text end |
new text begin
$ new text end |
new text begin
23,418,000 new text end |
|
new text begin
TANF new text end |
new text begin
-0- new text end |
new text begin
1,475,000 new text end |
new text begin
1,475,000 new text end |
|||
|
new text begin
TOTAL new text end |
new text begin
$ new text end |
new text begin
124,000 new text end |
new text begin
$ new text end |
new text begin
24,769,000 new text end |
new text begin
$ new text end |
new text begin
24,893,000 new text end |
new text begin Subd. 2. new text end
new text begin
Department of Human Services;
|
||||||
new text begin
(a) For child care assistance for eligible
families on the basic sliding fee waiting list
under Minnesota Statutes, section 119B.03,
subdivision 2, as of July 1, 2006.
new text end
|
new text begin
Summary by Fund new text end |
||
|
new text begin
General Fund new text end |
new text begin
-0- new text end |
new text begin
2,672,000 new text end |
|
new text begin
TANF new text end |
new text begin
-0- new text end |
new text begin
1,475,000 new text end |
|
new text begin
TOTAL new text end |
new text begin
-0- new text end |
new text begin
4,147,000 new text end |
new text begin
The TANF appropriation is a onetime
appropriation for fiscal year 2007 only. The
general fund base for the basic sliding fee
program is increased by $4,147,000 in fiscal
years 2008 and 2009.
new text end
|
new text begin
(b) For basic sliding fee child care assistance grants in fiscal year 2007 new text end |
new text begin
-0- new text end |
new text begin
9,603,000 new text end |
||||
new text begin
The general fund base is increased by
$13,348,000 in fiscal year 2008 and
$13,607,000 in fiscal year 2009 for basic
sliding fee child care assistance grants.
new text end
|
new text begin
(c) For the state share of systems cost to implement the provider rate differential for accreditation new text end |
new text begin
-0- new text end |
new text begin
3,000 new text end |
||||
new text begin
(d) As determined by the commissioner,
counties may use up to six percent of either
calendar year 2008 or 2009 allocations under
Minnesota Statutes, section 119B.03, to
fund accelerated payments that may occur
during the preceding calendar year during
conversion to the automated child care
assistance program system. If conversion
occurs over two calendar years, counties
may use up to three percent of the combined
calendar year allocations to fund accelerated
payments. Funding advanced under this
subdivision shall be considered part of the
allocation from which it was originally
advanced for purposes of setting future
allocations under Minnesota Statutes, section
119B.03, subdivisions 6, 6a, 6b, and 8, and
shall include funding for administrative costs
under Minnesota Statutes, section 119B.15.
Notwithstanding the provisions of any
section to the contrary, this provision shall
sunset December 31, 2009.
new text end
Sec. 2.
Minnesota Statutes 2004, section 119A.50, subdivision 1, is amended to read:
Subdivision 1.
Department of Education.
The Department of Education is the
state agency responsible for administering the Head Start program. The commissioner
of education deleted text begin may make grantsdeleted text end new text begin shall allocate funds according to the formula in section
119A.52 new text end to public or private nonprofit agencies for the purpose of providing supplemental
funds for the federal Head Start program.
Sec. 3.
Minnesota Statutes 2004, section 119A.52, is amended to read:
119A.52 DISTRIBUTION OF APPROPRIATION deleted text begin AND PROGRAM
COORDINATIONdeleted text end .
The commissioner of education must distribute money appropriated for that purpose
to new text begin federally designated new text end Head Start deleted text begin program granteesdeleted text end new text begin programs new text end to expand services and to
serve additional low-income children. deleted text begin Money must be allocated to each project Head Start
grantee in existence on the effective date of Laws 1989, chapter 282.deleted text end Migrant and Indian
reservation deleted text begin granteesdeleted text end new text begin programs new text end must be initially allocated money based on the deleted text begin grantees'deleted text end
new text begin programs' new text end share of federal funds. The remaining money must be initially allocated to the
remaining local agencies based equally on the agencies' share of federal funds and on the
proportion of eligible children in the agencies' service area who are not currently being
served. A Head Start grantee must be funded at a per child rate equal to its contracted,
federally funded base level deleted text begin for program accounts 20, 22, and 25deleted text end at the start of the fiscal
year. In allocating funds under this paragraph, the commissioner of education must assure
that each Head Start deleted text begin granteedeleted text end new text begin program in existence in 1993 new text end is allocated no less funding
in any fiscal year than was allocated to that deleted text begin granteedeleted text end new text begin program new text end in fiscal year 1993. deleted text begin The
commissioner may provide additional funding to grantees for start-up costs incurred by
grantees due to the increased number of children to be served.deleted text end Before paying money to
the deleted text begin granteesdeleted text end new text begin programsnew text end , the commissioner must notify each deleted text begin granteedeleted text end new text begin program new text end of its initial
allocation, how the money must be used, and the number of low-income children deleted text begin that
mustdeleted text end new text begin to new text end be served with the allocationnew text begin based upon the federally funded per child ratenew text end .
Each deleted text begin granteedeleted text end new text begin program new text end must present a deleted text begin workdeleted text end plan deleted text begin to the commissioner for approval. The
work plan must include the estimated number of low-income children and families it will
be able to serve, a description of the program design and service delivery area which
meets the needs of and encourages access by low-income working families, a program
design that ensures fair and equitable access to Head Start services for all populations and
parts of the service area, and a plan for coordinating services to maximize assistance
for child care costs available to families under chapter 119B.deleted text end new text begin under section 119A.535.
new text end For any grantee that cannot utilize its full allocation, the commissioner must reduce the
allocation proportionately. Money available after the initial allocations are reduced must
be redistributed to eligible grantees.
Sec. 4.
Minnesota Statutes 2004, section 119A.53, is amended to read:
119A.53 FEDERAL REQUIREMENTS.
deleted text begin Granteesdeleted text end new text begin Programs new text end and the commissioner shall comply with federal regulations
governing the federal Head Start program, except for funding for innovative initiatives
under section , which may be used to
operate differently than federal Head Start regulations. If a state statute or rule conflicts
with a federal statute or regulation, the state statute or rule prevails.
Sec. 5.
new text begin
[119A.535] APPLICATION REQUIREMENTS.
new text end
new text begin
Eligible Head Start organizations must submit a plan to the department for approval
on a form and in the manner prescribed by the commissioner. The plan must include:
new text end
new text begin
(1) the estimated number of low-income children and families the program will be
able to serve;
new text end
new text begin
(2) a description of the program design and service delivery area which meets the
needs of and encourages access by low-income working families;
new text end
new text begin
(3) a program design that ensures fair and equitable access to Head Start services for
all populations and parts of the service area;
new text end
new text begin
(4) a plan for coordinating services to maximize assistance for child care costs
available to families under chapter 119B; and
new text end
new text begin
(5) identification of regular Head Start, early Head Start, and innovative services
based upon demonstrated needs to be provided.
new text end
Sec. 6.
Minnesota Statutes 2004, section 119A.545, is amended to read:
119A.545 AUTHORITY TO WAIVE REQUIREMENTS DURING DISASTER
PERIODS.
The commissioner of education may waive requirements under sections 119A.50
to deleted text begin 119A.53deleted text end new text begin 119A.535new text end , for up to nine months after the disaster, for Head Start deleted text begin granteesdeleted text end
new text begin programs new text end in areas where a federal disaster has been declared under United States Code,
title 42, section 5121, et seq., or the governor has exercised authority under chapter 12.
The commissioner shall notify the chairs of the new text begin appropriate new text end senate deleted text begin Family and Early
Childhood Education Budget Division, the senate Education Finance Committee, thedeleted text end new text begin and
new text end house deleted text begin Family and Early Childhood Education Finance Division, the house Education
Committee, and the house Ways and Means Committeedeleted text end new text begin committees new text end ten days before the
effective date of any waiver granted under this section.
Sec. 7.
Minnesota Statutes 2005 Supplement, section 119B.13, subdivision 1, is
amended to read:
Subdivision 1.
Subsidy restrictions.
deleted text begin
(a)(i) Effective July 1, 2005, the commissioner
of human services shall modify the rate tables for child care centers published in
Department of Human Services Bulletin No. 03-68-07 so that in counties with regional or
statewide cells, the higher of the 100th percentile of the 2002 market rate survey data or
the rate currently identified in the bulletin will be the maximum rate. The rates established
in this clause will be considered as the previous year's rates for purposes of the increase in
item (iii), and shall be compared to the 100th percentile of current market rates.
deleted text end
deleted text begin
(ii) For the period between July 1, 2005, and through the full implementation of the
new rates under item (iii), the rates published in Department of Human Services Bulletin
No. 03-68-07 as adjusted by item (i) shall remain in effect.
deleted text end
deleted text begin (iii) deleted text end new text begin (a) new text end Beginningdeleted text begin January deleted text end new text begin July new text end 1, 2006, the maximum rate paid for child care
assistance in any county or multicounty region under the child care fund shall be thedeleted text begin lesser
of thedeleted text end 75th percentile rate for like-care arrangements in the county or multicounty region
as surveyed by the commissioner deleted text begin or the previous year's rate for like-care arrangements in
the countydeleted text end deleted text begin increased by 1.75 percentdeleted text end new text begin except that in counties where the maximum rate is
set at the 100th percentile on January 1, 2006, as published in Policy Bulletin 05-68-15,
the maximum rate shall continue to be set at the 100th percentilenew text end .
deleted text begin (iv) deleted text end new text begin (b) new text end Rate changes shall be implemented for services provided in deleted text begin March
deleted text end new text begin September new text end 2006 unless a participant eligibility redetermination or a new provider
agreement is completed between deleted text begin Januarydeleted text end new text begin July new text end 1, 2006, and deleted text begin February 28deleted text end new text begin August 31new text end , 2006.
deleted text begin deleted text end
As necessary, appropriate notice of adverse action must be made according to
Minnesota Rules, part 3400.0185, subparts 3 and 4.
New cases approved on or after deleted text begin Januarydeleted text end new text begin July new text end 1, 2006, shall have the maximum rates
underdeleted text begin item (iii)deleted text end new text begin paragraph (a), new text end implemented immediately.
deleted text begin (b)deleted text end new text begin (c) new text end Not less than once every two years, the commissioner shall survey rates
charged by child care providers in Minnesota to determine the 75th percentile for
like-care arrangements in counties. When the commissioner determines that, using the
commissioner's established protocol, the number of providers responding to the survey is
too small to determine the 75th percentile rate for like-care arrangements in a county or
multicounty region, the commissioner may establish the 75th percentile maximum rate
based on like-care arrangements in a county, region, or category that the commissioner
deems to be similar.
deleted text begin (c)deleted text end new text begin (d) new text end A rate which includes a special needs rate paid under subdivision 3 may be in
excess of the maximum rate allowed under this subdivision.
deleted text begin (d)deleted text end new text begin (e) new text end The department shall monitor the effect of this paragraph on provider rates.
The county shall pay the provider's full charges for every child in care up to the maximum
established. The commissioner shall determine the maximum rate for each type of care on
an hourly, full-day, and weekly basis, including special needs and handicapped care.new text begin The
commissioner shall also determine the maximum rate for school age care on a half-day
basis.
new text end
deleted text begin (e)deleted text end new text begin (f) new text end When the provider charge is greater than the maximum provider rate allowed,
the parent is responsible for payment of the difference in the rates in addition to any
family co-payment fee.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 8.
Minnesota Statutes 2004, section 119B.13, is amended by adding a subdivision
to read:
new text begin Subd. 3a. new text end
new text begin Provider rate differential for accreditation. new text end
new text begin
A family child care
provider or child care center shall be paid a 15 percent differential above the maximum rate
established in subdivision 1, up to the actual provider rate, if the provider or center holds a
current early childhood development credential or is accredited. For a family child care
provider, early childhood development credential and accreditation includes an individual
who has earned a child development associate degree, a diploma in child development from
a Minnesota state technical college, or a bachelor's degree in early childhood education
from an accredited college or university, or who is accredited by the National Association
for Family Child Care or the Competency Based Training and Assessment Program. For a
child care center, accreditation includes accreditation by the National Association for the
Education of Young Children, the Council on Accreditation, the National Early Childhood
Program Accreditation, the National School-Age Care Association, or the National Head
Start Association Program of Excellence. For Montessori programs, accreditation includes
the American Montessori Society, Association of Montessori International-USA, or the
National Center for Montessori Education.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin This section is effective July 1, 2006.new text end
Sec. 9.
Minnesota Statutes 2004, section 121A.17, subdivision 3, is amended to read:
Subd. 3.
Screening program.
(a) A screening program must include at least the
following components: developmental assessments, hearing and vision screening or
referral, immunization review and referral, the child's height and weight, identification
of risk factors that may influence learning, an interview with the parent about the child,
and referral for assessment, diagnosis, and treatment when potential needs are identified.
The district and the person performing or supervising the screening must provide a
parent or guardian with clear written notice that the parent or guardian may decline to
answer questions or provide information about family circumstances that might affect
development and identification of risk factors that may influence learning. The notice
must clearly state that declining to answer questions or provide information does not
prevent the child from being enrolled in kindergarten or first grade if all other screening
components are met. If a parent or guardian is not able to read and comprehend the written
notice, the district and the person performing or supervising the screening must convey
the information in another manner. The notice must also inform the parent or guardian
that a child need not submit to the district screening program if the child's health records
indicate to the school that the child has received comparable developmental screening
performed within the preceding 365 days by a public or private health care organization or
individual health care provider. The notice must be given to a parent or guardian at the
time the district initially provides information to the parent or guardian about screening
and must be given again at the screening location.
(b) new text begin The social/emotional component of the developmental assessment must be
completed using a social/emotional screening instrument approved by the commissioner
of education, and consistent with the standards of the commissioners of health and human
services.
new text end
new text begin (c) new text end All screening components shall be consistent with the standards of the state
commissioner of health for early developmental screening programs. A developmental
screening program must not provide laboratory tests or a physical examination to any
child. The district must request from the public or private health care organization or the
individual health care provider the results of any laboratory test or physical examination
within the 12 months preceding a child's scheduled screening.
deleted text begin (c)deleted text end new text begin (d) new text end If a child is without health coverage, the school district must refer the child to
an appropriate health care provider.
deleted text begin (d)deleted text end new text begin (e) new text end A board may offer additional components such as nutritional, physical and
dental assessments, review of family circumstances that might affect development, blood
pressure, laboratory tests, and health history.
deleted text begin (e)deleted text end new text begin (f)new text end If a statement signed by the child's parent or guardian is submitted to the
administrator or other person having general control and supervision of the school that
the child has not been screened because of conscientiously held beliefs of the parent
or guardian, the screening is not required.
Sec. 10.
Minnesota Statutes 2005 Supplement, section 121A.19, is amended to read:
121A.19 DEVELOPMENTAL SCREENING AID.
Each school year, the state must pay a district deleted text begin $50deleted text end for each deleted text begin three-year-old child
screened; $40 for each four-year-old child screened; and $30 for each five-year-olddeleted text end childnew text begin
or studentnew text end screened by the district deleted text begin prior to kindergartendeleted text end according to the requirements of
section 121A.17. new text begin The amount of state aid for each child or student screened shall be: (1)
$50 for a child screened at age three; (2) $40 for a child screened at age four; (3) $30
for a child screened at age five or six prior to kindergarten; and (4) $30 for a student
screened within 30 days after first enrolling in a public school kindergarten if the student
has not previously been screened according to the requirements of section 121A.17. new text end If this
amount of aid is insufficient, the district may permanently transfer from the general fund
an amount that, when added to the aid, is sufficient.new text begin Developmental screening aid shall not
be paid for any student who is screened more than 30 days after the first day of attendance
at a public school kindergarten, except if a student transfers to another public school
kindergarten within 30 days after first enrolling in a Minnesota public school kindergarten
program. In this case, if the student has not been screened, the district to which the student
transfers may receive developmental screening aid for screening that student when the
screening is performed within 30 days of the transfer date.
new text end
Sec. 11.
new text begin
[124D.129] EDUCATE PARENTS PARTNERSHIP.
new text end
new text begin
The commissioner must work in partnership with health care providers and
community organizations to provide parent education information to parents of newborns
at the time of birth. The commissioner must coordinate the partnership and the distribution
of informational material to the parents of newborns before they leave the hospital with
early childhood organizations, including, but not limited to, early childhood family
education, child care resource and referral, and interagency early intervention committees.
The commissioner must develop a resource Web site that promotes, at a minimum, the
department Web site for information and links to resources on child development, parent
education, child care, and consumer safety information.
new text end
Sec. 12.
Minnesota Statutes 2004, section 124D.13, subdivision 2, is amended to read:
Subd. 2.
Program characteristics.
new text begin (a) new text end Early childhood family education programs
are programs for children in the period of life from birth to kindergarten, for the parentsnew text begin
and other relativesnew text end of deleted text begin suchdeleted text end new text begin these new text end children, and for expectant parents. To the extent
that funds are insufficient to provide programs for all children, early childhood family
education programs should emphasize programming for a child from birth to age three
and encourage parentsnew text begin and other relativesnew text end to involve four- and five-year-old children in
school readiness programs, and other public and nonpublic early learning programs. Early
childhood family education programs may include the following:
(1) programs to educate parentsnew text begin and other relativesnew text end about the physical, mental,
and emotional development of children;
(2) programs to enhance the skills of parentsnew text begin and other relativesnew text end in providing for
their children's learning and development;
(3) learning experiences for children and parentsnew text begin and other relativesnew text end that promote
children's development;
(4) activities designed to detect children's physical, mental, emotional, or behavioral
problems that may cause learning problems;
(5) activities and materials designed to encourage self-esteem, skills, and behavior
that prevent sexual and other interpersonal violence;
(6) educational materials which may be borrowed for home use;
(7) information on related community resources;
(8) programs to prevent child abuse and neglect;
(9) other programs or activities to improve the health, development, and school
readiness of children; or
(10) activities designed to maximize development during infancy.
The programs must not include activities for children that do not require substantial
involvement of the children's parentsnew text begin or other relativesnew text end . The programs must be reviewed
periodically to assure the instruction and materials are not racially, culturally, or sexually
biased. The programs must encourage parents to be aware of practices that may affect
equitable development of children.
new text begin
(b) For the purposes of this section, "relative" or "relatives" means noncustodial
grandparents or other persons related to a child by blood, marriage, adoption, or foster
placement, excluding parents.
new text end
Sec. 13.
Minnesota Statutes 2004, section 124D.13, subdivision 3, is amended to read:
Subd. 3.
Substantial parental involvement.
The requirement of substantial
parentalnew text begin new text end new text begin or other relativenew text end involvement in subdivision 2 means that:
(a) parentsnew text begin or other relativesnew text end must be physically present much of the time in classes
with their children or be in concurrent classes;
(b) parenting education or family education must be an integral part of every early
childhood family education program;
(c) early childhood family education appropriations must not be used for traditional
day care or nursery school, or similar programs; and
(d) the form of parent involvement common to kindergarten, elementary school, or
early childhood special education programs such as parent conferences, newsletters, and
notes to parents do not qualify a program under subdivision 2.
Sec. 14.
Minnesota Statutes 2005 Supplement, section 124D.135, subdivision 1,
is amended to read:
Subdivision 1.
Revenue.
The revenue for early childhood family education
programs for a school district equals deleted text begin $96 for fiscal year 2005 and $104deleted text end new text begin $120new text end for fiscal year
deleted text begin 2006deleted text end new text begin 2007new text end and later, times the greater of:
(1) 150; or
(2) the number of people under five years of age residing in the district on October 1
of the previous school year.
Sec. 15. new text begin [124D.136] KINDERGARTEN ENTRANCE ASSESSMENT
INITIATIVE; INTERVENTION PROGRAM.
new text end
new text begin Subdivision 1. new text end
new text begin Kindergarten entrance assessment initiative. new text end
new text begin
(a) The
commissioner of education shall establish a method for assessing the school readiness of
children entering kindergarten, building on the two school readiness studies conducted by
the Department of Education in 2002 and 2003.
new text end
new text begin
(b) Over a three-year period, school sites may implement the kindergarten entrance
assessment initiative based on the school rank under section 124D.081, starting with
the school sites with the highest rank. Under section 124D.081, the commissioner of
education ranks all school sites based on the incidence of free and reduced lunch. The
school sites with the highest incidence of free and reduced lunch receive the highest rank.
The schedule for implementation is as follows:
new text end
new text begin
(1) fiscal year 2008, 30 percent of children entering kindergarten;
new text end
new text begin
(2) fiscal year 2009, 50 percent of children entering kindergarten; and
new text end
new text begin
(3) fiscal year 2010, 100 percent of children entering kindergarten.
new text end
new text begin Subd. 2. new text end
new text begin Intervention program. new text end
new text begin
A school site that participates in the kindergarten
entrance assessment initiative under subdivision 1 must work with the school district and
other community partners to establish a kindergarten readiness intervention program to
provide additional instruction to children who are assessed and identified as being not
yet ready for kindergarten. A school site that participates in the kindergarten entrance
assessment initiative under subdivision 1 must complete the requirements of this section
within available K-12 funding sources. Each child will have a locally determined
intervention strategy focusing the curriculum content on the individualized needs of that
child. The commissioner, at a district's request, must assist the district and the school to
develop the intervention program. At the end of the kindergarten school year, the district
must reassess each child who receives an intervention to evaluate the progress of the child
over the kindergarten year and the success of the intervention strategy developed for that
child. The district must report the results of the intervention and year-end assessment to
the commissioner.
new text end
new text begin Subd. 3. new text end
new text begin Report to legislature. new text end
new text begin
The commissioner shall report annually to the
senate and house of representatives committees having jurisdiction over early childhood
education on the results of the kindergarten entrance assessment initiative, and the results
of the intervention program.
new text end
Sec. 16.
Minnesota Statutes 2005 Supplement, section 124D.175, is amended to read:
124D.175 MINNESOTA EARLY LEARNING FOUNDATION PROPOSAL.
(a) The commissioner must implement an early childhood development grant
program for low-income and other challenged families that increases the effectiveness
and expands the capacity of public and nonpublic early childhood development programs,
which may include child care programs, and leads to improved early childhood parent
education and children's kindergarten readiness. The program must include:
(1) grant awards to existing early childhood development program providers that
also provide parent education programs and to qualified providers proposing to implement
pilot programs for this same purpose;
(2) grant awards to enable low-income families to participate in these programs;
(3) grant awards to improve overall programmatic quality; and
(4) an evaluation of the programmatic and financial efficacy of all these programs,
which may be performed using measures of services, staffing, and management systems
that provide consistent information about system performance, show trends, confirm
successes, and identify potential problems in early childhood development programs.
This grant program must not supplant existing early childhood development programs
or child care funds.
(b) The commissioner must deleted text begin contract withdeleted text end new text begin make a grant tonew text end a private nonprofit, section
501(c)(3) organization to implement the requirements of paragraph (a). new text begin Notwithstanding
any laws to the contrary, the private nonprofit organization may contract with the
University of Minnesota for purposes of implementing paragraph (a), clause (4).new text end The
private nonprofit organization must be governed by a board of new text begin up to 19 new text end directors composed
of members from the public and nonpublic sectors, where the nonpublic sector members
compose a deleted text begin simpledeleted text end majority of board members deleted text begin and where the public sector members are
state and local government officials, kindergarten through grade 12 or postsecondary
educators, and early childhood providers appointed by the governordeleted text end . Membership on the
board of directors by a state agency official are work duties for the official and are not a
conflict of interest under section 43A.38. The board of directors must appoint an executive
director and must seek advice from geographically deleted text begin anddeleted text end new text begin ,new text end ethnicallynew text begin , and economicallynew text end
diverse parents of young children and representatives of early childhood development
providers, kindergarten through grade 12 and postsecondary educators, public libraries,
and the business sector.
new text begin
The governor shall appoint up to seven voting members that include representatives
of:
new text end
new text begin
(1) kindergarten through grade 12 or postsecondary educators;
new text end
new text begin
(2) early childhood development providers, including child care providers;
new text end
new text begin
(3) local school boards;
new text end
new text begin
(4) nonprofit organizations with expertise in early childhood development; and
new text end
new text begin
(5) federal early childhood programs serving low-income children.
new text end
new text begin
The governor shall ensure that, to the extent possible, the board of directors is
balanced according to geography, race, ethnicity, age, gender, and economic status.
new text end
new text begin
The commissioners of education and human services shall be nonvoting members
of the private nonprofit organization. The speaker of the house of representatives, the
minority leader of the house of representatives, the majority leader of the senate, and the
minority leader of the senate shall each appoint a legislator to be nonvoting members of
the board.
new text end
The board of directors is subject to the open meeting law under chapter 13D.
All other terms and conditions under which board members serve and operate must be
described in the articles and bylaws of the organization. The private nonprofit organization
is not a state agency and is not subject to laws governing public agencies except the
provisions of chapter 13, salary limits under section 15A.0815, subdivision 2, and audits
by the legislative auditor under chapter 3 apply.
(c) new text begin In addition to the duties under paragraph (a), the Minnesota Early Learning
Foundation (MELF) shall evaluate the effectiveness of the voluntary NorthStar Quality
Improvement and Rating System. The NorthStar Quality Improvement and Rating System
must:
new text end
new text begin
(1) provide consumer information for parents on child care and early education
program quality and ratings;
new text end
new text begin
(2) set indicators to identify quality in care and early education settings, including
licensed family child care and centers, tribal providers and programs, Head Start and
school-age programs, and identify quality programs through ratings and ongoing
monitoring of programs;
new text end
new text begin
(3) provide funds for provider improvement grants and quality achievement grants;
new text end
new text begin
(4) require participating providers to incorporate the state's early learning standards
in their curriculum activities and develop appropriate child assessments aligned with the
kindergarten readiness assessment;
new text end
new text begin
(5) provide accountability for the NorthStar Quality Improvement and Rating
System's effectiveness in improving child outcomes and kindergarten readiness; and
new text end
new text begin
(6) align current and new state investments to improve the quality of child care
with the NorthStar Quality Improvement and Rating System framework, by providing
accountability and informed parent choice.
new text end
new text begin
The Minnesota Early Learning Foundation shall report back to the legislature by
January 15, 2008, on the progress being made under this paragraph.
new text end
new text begin
(d) The MELF shall convene a workgroup to analyze barriers to Head Start/child
care partnerships, and to develop recommendations for cost-effective strategies to help
Head Start and child care providers develop partnerships to offer full-day, full-year
services to at-risk children who qualify for Head Start and child care assistance.
new text end
new text begin
(1) The workgroup must include representatives from each of the following groups:
new text end
new text begin
(i) state agency staff administering child care and Head Start programs;
new text end
new text begin
(ii) local Head Start programs and child care providers working in partnership;
new text end
new text begin
(iii) statewide organizations representing Head Start programs and child care
providers;
new text end
new text begin
(iv) county agencies administering child care assistance and Minnesota
family-investment programs; and
new text end
new text begin
(v) participants and others who are eligible for Head Start and child care assistance
programs.
new text end
new text begin
(2) A report outlining the workgroup's recommendations must be provided to the
senate and house of representatives committees having jurisdiction over child care and
Head Start issues by January 15, 2007.
new text end
new text begin (e) new text end This section expires June 30, 2011. If no state appropriation is made for purposes
of this section, the commissioner must not implement paragraphs (a) and (b).
new text begin EFFECTIVE DATE. new text end
new text begin
This section, paragraph (b), is effective retroactively from
July 1, 2005.
new text end
Sec. 17.
Minnesota Statutes 2004, section 124D.518, subdivision 4, is amended to read:
Subd. 4.
First prior program year.
"First prior program year" means the deleted text begin period
from May 1 of the second prior fiscal year through April 30 of the first prior fiscal yeardeleted text end new text begin
specific time period defined by the commissioner that aligns to a program academic yearnew text end .
Sec. 18.
Minnesota Statutes 2004, section 124D.52, subdivision 1, is amended to read:
Subdivision 1.
Program requirements.
(a) An adult basic education program is a
day or evening program offered by a district that is for people over 16 years of age who do
not attend an elementary or secondary school. The program offers academic instruction
necessary to earn a high school diploma or equivalency certificate.
(b) Notwithstanding any law to the contrary, a school board or the governing body of
a consortium offering an adult basic education program may adopt a sliding fee schedule
based on a family's income, but must waive the fee for participants who are under the
age of 21 or unable to pay. The fees charged must be designed to enable individuals of
all socioeconomic levels to participate in the program. A program may charge a security
deposit to assure return of materials, supplies, and equipment.
(c) Each approved adult basic education program must develop a memorandum of
understanding with the local workforce development centers located in the approved
program's service delivery area. The memorandum of understanding must describe how
the adult basic education program and the workforce development centers will cooperate
and coordinate services to provide unduplicated, efficient, and effective services to clients.
(d) Adult basic education aid must be spent for adult basic education purposes as
specified in sections 124D.518 to 124D.531.
new text begin
(e) A state-approved adult basic education program must count and submit student
contact hours for a program that offers high school credit toward an adult high school
diploma according to student eligibility requirements and competency demonstration
requirements established by the commissioner.
new text end
Sec. 19.
Minnesota Statutes 2005 Supplement, section 124D.531, subdivision 1,
is amended to read:
Subdivision 1.
State total adult basic education aid.
(a) The state total adult basic
education aid for fiscal year 2005 is $36,509,000. The state total adult basic education aid
for fiscal year 2006 deleted text begin and later is $36,509,000deleted text end new text begin equals $36,587,000new text end plus any amount that is
not paid for during the previous fiscal year, as a result of adjustments under subdivision 4,
paragraph (a), or section 124D.52, subdivision 3. new text begin The state total adult basic education
aid for fiscal year 2007 equals $37,673,000 plus any amount that is not paid for during
the previous fiscal year, as a result of adjustments under subdivision 4, paragraph (a), or
section 124D.52, subdivision 3. The state total adult basic education aid for later fiscal
years equals:
new text end
new text begin
(1) the state total adult basic education aid for the preceding fiscal year plus any
amount that is not paid for during the previous fiscal year, as a result of adjustments under
subdivision 4, paragraph (a), or section 124D.52, subdivision 3; times
new text end
new text begin
(2) the lesser of:
new text end
new text begin
(i) 1.03; or
new text end
new text begin
(ii) the greater of 1.00 or the ratio of the state total contact hours in the first prior
program year to the state total contact hours in the second prior program year.
new text end
Beginning in fiscal year 2002, two percent of the state total adult basic education
aid must be set aside for adult basic education supplemental service grants under section
124D.522.
(b) The state total adult basic education aid, excluding basic population aid, equals
the difference between the amount computed in paragraph (a), and the state total basic
population aid under subdivision 2.
Sec. 20.
Minnesota Statutes 2004, section 125A.27, subdivision 3, is amended to read:
Subd. 3.
Core early intervention services.
"Core early intervention services"
means services that are available at no cost to children and families. These services
include:
(1) identification and referral;
(2) screening;
(3) evaluation;
(4) assessment;
(5) service coordination;
(6) special education and related services deleted text begin provided under section 125A.08, and
United States Code, title 20, section 1401deleted text end new text begin for children who qualify for these services
under Minnesota Rulesnew text end ; and
(7) protection of parent and child rights by means of procedural safeguards.
Sec. 21.
Minnesota Statutes 2004, section 125A.27, subdivision 7, is amended to read:
Subd. 7.
Early intervention system.
"Early intervention system" means the total
effort in the state to meet the needs of eligible children and their familiesdeleted text begin , including,
but not limited to:
deleted text end
deleted text begin
(1) any public agency in the state that receives funds under the Individuals with
Disabilities Education Act, United States Code, title 20, sections 1471 to 1485 (Part
C, Public Law 102-119);
deleted text end
deleted text begin
(2) other state and local agencies administering programs involved in the provision
of early intervention services, including, but not limited to:
deleted text end
deleted text begin
(i) the Maternal and Child Health program under title V of the Social Security Act,
United States Code, title 42, sections 701 to 709;
deleted text end
deleted text begin
(ii) the Individuals with Disabilities Education Act, United States Code, title 20,
sections 1411 to 1420 (Part B);
deleted text end
deleted text begin
(iii) medical assistance under the Social Security Act, United States Code, title
42, section 1396 et seq.;
deleted text end
deleted text begin
(iv) the Developmental Disabilities Assistance and Bill of Rights Act, United States
Code, title 42, sections 6021 to 6030 (Part B); and
deleted text end
deleted text begin
(v) the Head Start Act, United States Code, title 42, sections 9831 to 9852; and
deleted text end
deleted text begin (3) services provided by private groups or third-party payers in conformity with an
individualized family service plandeleted text end .
Sec. 22.
Minnesota Statutes 2004, section 125A.27, subdivision 8, is amended to read:
Subd. 8.
Eligibility for Part C.
"Eligibility for Part C" means eligibility for early
childhood special education under section 125A.02 and Minnesota Rulesdeleted text begin , part 3525.2335,
subpart 1, items A and Bdeleted text end .
Sec. 23.
Minnesota Statutes 2004, section 125A.27, subdivision 11, is amended to read:
Subd. 11.
Interagency child find systems.
"Interagency child find systems"
means activities developed on an interagency basis with the involvement of interagency
early intervention committees and other relevant community groupsnew text begin using rigorous
standards new text end to actively seek out, identify, and refer infants and young childrennew text begin , new text end with, or at
risk of, disabilities, and their familiesnew text begin , including a child under the age of three who: (1)
is involved in a substantiated case of abuse or neglect, or (2) is identified as affected by
illegal substance abuse, or withdrawal symptoms resulting from prenatal drug exposure, to
reduce the need for future servicesnew text end .
Sec. 24.
Minnesota Statutes 2004, section 125A.27, subdivision 15, is amended to read:
Subd. 15.
Part C state plan.
"Part C state plan" means the annual state plan
application approved by the federal government deleted text begin under the Individuals with Disabilities
Education Act, United States Code, title 20, section 1471 et seq. (Part C, Public Law
105-117)deleted text end .
Sec. 25.
Minnesota Statutes 2004, section 125A.27, subdivision 18, is amended to read:
Subd. 18.
State lead agency.
"State lead agency" means the state agency receiving
federal funds deleted text begin under the Individuals with Disabilities Education Act, United States Code,
title 20, section 1471 et seq. (Part H, Public Law 102-119)deleted text end new text begin for the purposes of providing
early intervention servicesnew text end .
Sec. 26.
Minnesota Statutes 2005 Supplement, section 125A.28, is amended to read:
125A.28 STATE INTERAGENCY COORDINATING COUNCIL.
An Interagency Coordinating Council of at least 17, but not more than 25 members
is established, in compliance with Public Law deleted text begin 102-119deleted text end new text begin 108-446new text end , section deleted text begin 682deleted text end new text begin 641new text end . The
members must be appointed by the governor. Council members must elect the council
chair. The representative of the commissioner may not serve as the chair. The council
must be composed of at least five parents, including persons of color, of children with
disabilities under age 12, including at least three parents of a child with a disability
under age seven, five representatives of public or private providers of services for
children with disabilities under age five, including a special education director, county
social service director, local Head Start director, and a community health services or
public health nursing administrator, one member of the senate, one member of the
house of representatives, one representative of teacher preparation programs in early
childhood-special education or other preparation programs in early childhood intervention,
at least one representative of advocacy organizations for children with disabilities under
age five, one physician who cares for young children with special health care needs, one
representative each from the commissioners of commerce, education, health, human
services, a representative from the state agency responsible for child care, new text begin foster care,
mental health, homeless coordinator of education of homeless children and youth, new text end and a
representative from Indian health services or a tribal council. Section 15.059, subdivisions
2 to 5, apply to the council. The council must meet at least quarterly.
The council must address methods of implementing the state policy of developing
and implementing comprehensive, coordinated, multidisciplinary interagency programs of
early intervention services for children with disabilities and their families.
The duties of the council include recommending policies to ensure a comprehensive
and coordinated system of all state and local agency services for children under age five
with disabilities and their families. The policies must address how to incorporate each
agency's services into a unified state and local system of multidisciplinary assessment
practices, individual intervention plans, comprehensive systems to find children in need of
services, methods to improve public awareness, and assistance in determining the role of
interagency early intervention committees.
On the date that Minnesota Part C Annual Performance Report is submitted to the
federal Office of Special Education, the council must recommend to the governor and the
commissioners of education, health, human services, commerce, and employment and
economic development policies for a comprehensive and coordinated system.
Notwithstanding any other law to the contrary, the State Interagency Coordinating
Council expires on June 30, 2009.
Sec. 27.
Minnesota Statutes 2004, section 125A.29, is amended to read:
125A.29 RESPONSIBILITIES OF COUNTY BOARDS AND SCHOOL
BOARDS.
(a) It is the joint responsibility of county boards and school boards to coordinate,
provide, and pay for appropriate services, and to facilitate payment for services from public
and private sources. Appropriate services for children eligible under section 125A.02 must
be determined in consultation with parents, physicians, and other educational, medical,
health, and human services providers. The services provided must be in conformity withnew text begin :
new text end
new text begin (1) new text end an IFSP for each eligible infant and toddler from birth through age two and deleted text begin itsdeleted text end new text begin
the infant's or toddler's new text end familydeleted text begin ,deleted text end new text begin including:
new text end
new text begin
(i) Indian infants and toddlers with disabilities and their families residing on a
reservation geographically located in the state;
new text end
new text begin
(ii) infants and toddlers with disabilities who are homeless children and their
families; and
new text end
new text begin (iii) infants and toddlers with disabilities who are wards of the state; new text end or
new text begin (2) new text end an individual education plan (IEP) or individual service plan (ISP) for each
eligible child ages three through four.
(b) Appropriate services include family education and counseling, home visits,
occupational and physical therapy, speech pathology, audiology, psychological services,
special instruction, nursing, respite, nutrition, assistive technology, transportation
and related costs, social work, vision services, case management including service
coordination under section 125A.33, medical services for diagnostic and evaluation
purposes, early identification, and screening, assessment, and health services necessary to
enable children with disabilities to benefit from early intervention services.
(c) School and county boards shall coordinate early intervention services. In the
absence of agreements established according to section 125A.39, service responsibilities
for children birth through age two are as follows:
(1) school boards must provide, pay for, and facilitate payment for special education
and related services required under sections 125A.05 and 125A.06;
(2) county boards must provide, pay for, and facilitate payment for noneducational
services of social work, psychology, transportation and related costs, nursing, respite, and
nutrition services not required under clause (1).
(d) School and county boards may develop an interagency agreement according
to section 125A.39 to establish agency responsibility that assures early intervention
services are coordinated, provided, paid for, and that payment is facilitated from public
and private sources.
(e) County and school boards must jointly determine the primary agency in this
cooperative effort and must notify the commissioner of the state lead agency of their
decision.
Sec. 28.
Minnesota Statutes 2004, section 125A.30, is amended to read:
125A.30 INTERAGENCY EARLY INTERVENTION COMMITTEES.
(a) A school district, group of districts, or special education cooperative, in
cooperation with the health and human service agencies located in the county or counties
in which the district or cooperative is located, must establish an Interagency Early
Intervention Committee for children with disabilities under age five and their families
under this section, and for children with disabilities ages three to 22 consistent with
the requirements under sections 125A.023 and 125A.027. Committees must include
representatives of local health, education, and county human service agencies, county
boards, school boards, early childhood family education programs, Head Start, parents of
young children with disabilities under age 12, child care resource and referral agencies,
school readiness programs, current service providers, and may also include representatives
from other private or public agencies and school nurses. The committee must elect a chair
from among its members and must meet at least quarterly.
(b) The committee must develop and implement interagency policies and procedures
concerning the following ongoing duties:
(1) develop public awareness systems designed to inform potential recipient
familiesnew text begin , especially parents with premature infants, or infants with other physical risk
factors associated with learning or development complications, new text end of available programs
and services;
(2) implement interagency child find systems designed to actively seek out, identify,
and refer infants and young children with, or at risk of, disabilitiesnew text begin , including a child
under the age of three who: (i) is involved in a substantiated case of abuse or neglect or
(ii) is identified as affected by illegal substance abuse, or withdrawal symptoms resulting
from prenatal drug exposure, to reduce the need for future services; new text end and their familiesnew text begin ,
especially parents with premature infants, or infants with other physical risk factors
associated with learning or development complicationsnew text end ;
(3) establish and evaluate the identification, referral, child and family assessment
systems, procedural safeguard process, and community learning systems to recommend,
where necessary, alterations and improvements;
(4) assure the development of individualized family service plans for all eligible
infants and toddlers with disabilities from birth through age two, and their families, and
individual education plans and individual service plans when necessary to appropriately
serve children with disabilities, age three and older, and their families and recommend
assignment of financial responsibilities to the appropriate agencies;
(5) deleted text begin encourage agencies to develop individual family service plans for children with
disabilities, age three and older;
deleted text end
deleted text begin (6)deleted text end implement a process for assuring that services involve cooperating agencies at all
steps leading to individualized programs;
deleted text begin (7)deleted text end new text begin (6)new text end facilitate the development of a transitional plan if a service provider is not
recommended to continue to provide services;
deleted text begin (8)deleted text end new text begin (7)new text end identify the current services and funding being provided within the
community for children with disabilities under age five and their families;
deleted text begin (9)deleted text end new text begin (8)new text end develop a plan for the allocation and expenditure of additional state and
federal early intervention funds under United States Code, title 20, section 1471 et seq.
(Part C, Public Law deleted text begin 102-119deleted text end new text begin 108-446new text end ) and United States Code, title 20, section 631, et
seq. (Chapter I, Public Law 89-313); and
deleted text begin (10)deleted text end new text begin (9)new text end develop a policy that is consistent with section 13.05, subdivision 9, and
federal law to enable a member of an interagency early intervention committee to allow
another member access to data classified as not public.
(c) The local committee shall also:
(1) participate in needs assessments and program planning activities conducted by
local social service, health and education agencies for young children with disabilities and
their families; and
(2) review and comment on the early intervention section of the total special
education system for the district, the county social service plan, the section or sections of
the community health services plan that address needs of and service activities targeted
to children with special health care needs, the section on children with special needs in
the county child care fund plan, sections in Head Start plans on coordinated planning and
services for children with special needs, any relevant portions of early childhood education
plans, such as early childhood family education or school readiness, or other applicable
coordinated school and community plans for early childhood programs and services, and
the section of the maternal and child health special project grants that address needs of and
service activities targeted to children with chronic illness and disabilities.
Sec. 29.
Minnesota Statutes 2004, section 125A.32, is amended to read:
125A.32 INDIVIDUALIZED FAMILY SERVICE PLANnew text begin (IFSP)new text end .
(a) A team must participate in IFSP meetings to develop the IFSP. The team shall
include:
(1) a parent or parents of the child;
(2) other family members, as requested by the parent, if feasible to do so;
(3) an advocate or person outside of the family, if the parent requests that the
person participate;
(4) the service coordinator who has been working with the family since the
initial referral, or who has been designated by the public agency to be responsible for
implementation of the IFSPnew text begin and coordination with other agencies including transition
servicesnew text end ; and
(5) a person or persons involved in conducting evaluations and assessments.
(b) The IFSP must include:
(1) information about the child's developmental status;
(2) family information, with the consent of the family;
(3) new text begin measurable results or new text end major outcomes expected to be achieved by the child and
the family that include new text begin preliteracy and language skills, as developmentally appropriate
for the child, and new text end the criteria, procedures, and timelines;
(4) specific early intervention services new text begin based on peer-reviewed research, to the
extent practicable, new text end necessary to meet the unique needs of the child and the family to
achieve the outcomes;
(5) payment arrangements, if any;
(6) medical and other services that the child needs, but that are not required under
the Individual with Disabilities Education Act, United States Code, title 20, section 1471
et seq. (Part C, Public Law deleted text begin 102-119deleted text end new text begin 108-446new text end ) including funding sources to be used in
paying for those services and the steps that will be taken to secure those services through
public or private sources;
(7) dates and duration of early intervention services;
(8) name of the service coordinator;
(9) steps to be taken to support a child's transition from early intervention services to
other appropriate servicesnew text begin , including convening a transition conference at least 90 days or,
at the discretion of all parties, not more than nine months prior to the child's eligibility for
preschool servicesnew text end ; and
(10) signature of the parent and authorized signatures of the agencies responsible
for providing, paying for, or facilitating payment, or any combination of these, for early
intervention services.
Sec. 30.
Minnesota Statutes 2004, section 125A.33, is amended to read:
125A.33 SERVICE COORDINATION.
(a) The team developing the IFSP under section 125A.32 must select a service
coordinator to carry out service coordination activities on an interagency basis. Service
coordination must actively promote a family's capacity and competency to identify,
obtain, coordinate, monitor, and evaluate resources and services to meet the family's
needs. Service coordination activities include:
(1) coordinating the performance of evaluations and assessments;
(2) facilitating and participating in the development, review, and evaluation of
individualized family service plans;
(3) assisting families in identifying available service providers;
(4) coordinating and monitoring the delivery of available services;
(5) informing families of the availability of advocacy services;
(6) coordinating with medical, health, and other service providers;
(7) facilitating the development of a transition plan at least 90 days before the time
the child is no longer eligible for early intervention servicesnew text begin ornew text end , new text begin at the discretion of all
parties, not more than nine months prior to the child's eligibility for preschool services,
new text end if appropriate;
(8) managing the early intervention record and submitting additional information to
the local primary agency at the time of periodic review and annual evaluations; and
(9) notifying a local primary agency when disputes between agencies impact service
delivery required by an IFSP.
(b) A service coordinator must be knowledgeable about children and families
receiving services under this section, requirements of state and federal law, and services
available in the interagency early childhood intervention system.
Sec. 31.
Minnesota Statutes 2004, section 125A.48, is amended to read:
125A.48 STATE INTERAGENCY AGREEMENT.
(a) The commissioners of the Departments of Education, Health, and Human
Services must enter into an agreement to implement this section and Part deleted text begin Hdeleted text end new text begin Cnew text end , Public
Law deleted text begin 102-119deleted text end new text begin 108-446new text end , and as required by Code of Federal Regulations, title 34, section
303.523, to promote the development and implementation of interagency, coordinated,
multidisciplinary state and local early childhood intervention service systems for serving
eligible young children with disabilities, birth through age two, and their familiesnew text begin and
to ensure the meaningful involvement of underserved groups, including minority,
low-income, homeless, and rural families and children with disabilities who are wards
of the statenew text end . The agreement must be reviewed annually.
(b) The state interagency agreement must outline at a minimum the conditions,
procedures, purposes, and responsibilities of the participating state and local agencies
for the following:
(1) membership, roles, and responsibilities of a state interagency committee for
the oversight of priorities and budget allocations under Part deleted text begin Hdeleted text end new text begin Cnew text end , Public Law deleted text begin 102-119deleted text end new text begin
108-446new text end , and other state allocations for this program;
(2) child find;
(3) establishment of local interagency agreements;
(4) review by a state interagency committee of the allocation of additional state and
federal early intervention funds by local agencies;
(5) fiscal responsibilities of the state and local agencies;
(6) intraagency and interagency dispute resolution;
(7) payor of last resort;
(8) maintenance of effort;
(9) procedural safeguards, including mediation;
(10) complaint resolution;
(11) quality assurance;
(12) data collection;
(13) an annual summary to the state Interagency Coordinating Council regarding
conflict resolution activities including disputes, due process hearings, and complaints; and
(14) other components of the state and local early intervention system consistent
with Public Law deleted text begin 102-119deleted text end new text begin 108-446new text end .
Written materials must be developed for parents, IEIC's, and local service providers
that describe procedures developed under this section as required by Code of Federal
Regulations, title 34, section 303.
Sec. 32.
Minnesota Statutes 2004, section 245A.023, is amended to read:
245A.023 IN-SERVICE TRAINING.
new text begin (a) new text end For purposes of child care centers, in-service training must be completed within
the license period for which it is required. In-service training completed by staff persons
as required must be transferable upon a staff person's change in employment to another
child care program. License holders shall record all staff in-service training on forms
prescribed by the commissioner of human services.
new text begin
(b) For purposes of family and group family child care, the license holder and each
primary caregiver must complete 12 hours of training each year. For purposes of this
section, a primary caregiver is an adult caregiver who provides services in the licensed
setting more than 30 days in any 12-month period.
new text end
Sec. 33.
Minnesota Statutes 2004, section 245A.14, is amended by adding a
subdivision to read:
new text begin Subd. 9a. new text end
new text begin Early childhood development training. new text end
new text begin
(a) For purposes of child
care centers, the director and all staff hired after July 1, 2006, shall complete and
document at least two hours of early childhood development training within the first year
of employment. Training completed under this subdivision may be used to meet the
requirements of Minnesota Rules, part 9503.0035, subparts 1 and 4.
new text end
new text begin
(b) For purposes of family and group family child care, the license holder and
each adult caregiver who provides care in the licensed setting more than 30 days in any
12-month period shall complete and document at least two hours of early childhood
development training within the first year of licensure or employment. Training completed
under this subdivision may be used to meet the requirements of Minnesota Rules, part
9502.0385, subparts 2 and 3.
new text end
new text begin
(c) Notwithstanding paragraphs (a) and (b), individuals are exempt from this
requirement if they:
new text end
new text begin
(1) have taken a three-credit course on early childhood development within the
past five years;
new text end
new text begin
(2) have received a baccalaureate or masters degree in early childhood education or
school age child care within the past five years;
new text end
new text begin
(3) are licensed in Minnesota as a prekindergarten teacher, an early childhood
educator, a kindergarten to sixth grade teacher with a prekindergarten specialty, an
early childhood special education teacher, or an elementary teacher with a kindergarten
endorsement; or
new text end
new text begin
(4) have received a baccalaureate degree with a Montessori certificate within the
past five years.
new text end
Sec. 34.
Laws 2005, First Special Session chapter 5, article 7, section 20, subdivision
3, is amended to read:
Subd. 3. Early childhood family education aid. For early childhood family
education aid under Minnesota Statutes, section 124D.135:
| deleted text begin 14,356,000 deleted text end | ||||
| $ | new text begin 15,105,000 new text end | ....... | 2006 | |
| deleted text begin 15,137,000 deleted text end | ||||
| $ | new text begin 20,312,000 new text end | ....... | 2007 |
The 2006 appropriation includesdeleted text begin $1,861,000deleted text end new text begin $1,859,000new text end for 2005 anddeleted text begin $12,495,000deleted text end new text begin
$13,246,000new text end for 2006.
The 2007 appropriation includes deleted text begin $2,327,000deleted text end new text begin $1,471,000new text end for 2006 and deleted text begin $12,810,000deleted text end new text begin
$18,842,000new text end for 2007.
Sec. 35.
Laws 2005, First Special Session chapter 5, article 7, section 20, subdivision
4, is amended to read:
Subd. 4. Health and developmental screening aid. For health and developmental
screening aid under Minnesota Statutes, sections 121A.17 and 121A.19:
| deleted text begin 3,076,000 deleted text end | ||||
| $ | new text begin 3,000,000 new text end | ....... | 2006 | |
| deleted text begin 3,511,000 deleted text end | ||||
| $ | new text begin 2,997,000 new text end | ....... | 2007 |
The 2006 appropriation includes $417,000 for 2005 and deleted text begin $2,659,000deleted text end new text begin $2,583,000
new text end for 2006.
The 2007 appropriation includes deleted text begin $494,000deleted text end new text begin $287,000new text end for 2006 and deleted text begin $3,017,000deleted text end new text begin
$2,710,000new text end for 2007.
Sec. 36.
Laws 2005, First Special Session chapter 5, article 7, section 20, subdivision
5, is amended to read:
Subd. 5. Head Start program. For Head Start programs under Minnesota Statutes,
section 119A.52:
| $ | 19,100,000 | ..... | 2006 | |
| $ | 19,100,000 | ..... | 2007 |
new text begin
Any balance in the first year does not cancel but is available in the second year.
new text end
Sec. 37.
Laws 2005, First Special Session chapter 5, article 9, section 4, subdivision 2,
is amended to read:
Subd. 2. Adult basic education aid. For adult basic education aid under Minnesota
Statutes:
| deleted text begin 36,518,000 deleted text end | ||||
| $ | new text begin 38,636,000 new text end | ....... | 2006 | |
| deleted text begin 36,540,000 deleted text end | ||||
| $ | new text begin 37,564,000 new text end | ....... | 2007 |
The 2006 appropriation includes $5,707,000 for 2005 and deleted text begin $30,811,000deleted text end new text begin $32,929,000new text end
for 2006.
The 2007 appropriation includes deleted text begin $5,737,000deleted text end new text begin $3,658,000new text end for 2006 and deleted text begin $30,803,000deleted text end new text begin
$33,906,000new text end for 2007.
Sec. 38. new text begin ADULT LITERACY GRANTS FOR RECENT IMMIGRANTS TO
MINNESOTA.
new text end
new text begin Subdivision 1. new text end
new text begin Establishment. new text end
new text begin
An adult literacy grant program for recent
immigrants to Minnesota is established in fiscal years 2007 and 2008 only in order to
meet the English language needs of the unanticipated refugees and immigrants to the
state of Minnesota.
new text end
new text begin Subd. 2. new text end
new text begin Grants. new text end
new text begin
The commissioner of education shall consult adult basic
education service providers in establishing the form and manner of the grant program.
The commissioner shall award grants to organizations providing adult literacy services in
order to help offset the additional costs due to unanticipated high enrollments of recent
refugees and immigrants.
new text end
Sec. 39. new text begin EARLY CHILDHOOD AND EARLY ELEMENTARY GRADE
INTEGRATION.
new text end
new text begin
For fiscal years 2007 through 2010, a school district, charter school, Head Start
program, or any relevant public or private entity may work together to develop a pilot
program to demonstrate the efficacy of integrating early childhood education and care with
early elementary grades. A district, charter school, or Head Start program that develops
an early childhood integration pilot program must use existing funds to pay for the pilot
program's cost. School districts, charter schools, Head Start programs, and public or
private entities that participate in this pilot program are encouraged to enter into an
agreement to provide early education and care for children under a unified administrative
structure that establishes an education continuum for children during the prekindergarten,
kindergarten, and postkindergarten years through grade 3. School districts, charter
schools, Head Start programs, and public or private entities that participate in this pilot
program are encouraged to provide for the education, support, and empowerment of
parents and special education for children as needed.
new text end
Sec. 40. new text begin STUDY; CERTIFICATION OF SCHOOL READINESS AND CHILD
CARE PROGRAMS.
new text end
new text begin
The commissioner of education, in consultation with the commissioner of human
services, shall contract with a qualified independent contractor to determine appropriate
criteria and structure for certifying child care programs and providers based on a high
quality school readiness component in the child care setting that adequately prepares
children for school.
new text end
new text begin
The contractor must research appropriate criteria for certifying a program or
provider and the structure by which a program or provider would be certified, explore
specific service needs and unique resources available to individual communities, and
explore flexibility in implementing a program or provider plan that prepares children for
kindergarten. The contractor also must evaluate the impact of implementing a school
readiness component in child care settings on providers and families using certified child
care.
new text end
new text begin
The commissioner of education must submit a written report of the contractor's
findings and any recommendations about appropriate criteria and structure for establishing
certified child care programs and providers to the senate and house of representatives
committees having jurisdiction over child care issues by December 15, 2006.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 41. new text begin PARENT FEE SCHEDULE.
new text end
new text begin
Notwithstanding Minnesota Rules, part 3400.0100, subpart 4, the parent fee
schedule for the child care assistance program is as follows:
new text end
|
new text begin
Income Range (as a percentage of the federal poverty guidelines) new text end |
new text begin
Co-payment (as a percentage of adjusted gross income) new text end |
|
new text begin
0-74.99% new text end |
new text begin
$0/month new text end |
|
new text begin
75.00-99.99% new text end |
new text begin
$5/month new text end |
|
new text begin
100.00-104.99% new text end |
new text begin
2.61% new text end |
|
new text begin
105.00-109.99% new text end |
new text begin
2.61% new text end |
|
new text begin
110.00-114.99% new text end |
new text begin
2.61% new text end |
|
new text begin
115.00-119.99% new text end |
new text begin
2.61% new text end |
|
new text begin
120.00-124.99% new text end |
new text begin
2.91% new text end |
|
new text begin
125.00-129.99% new text end |
new text begin
2.91% new text end |
|
new text begin
130.00-134.99% new text end |
new text begin
2.91% new text end |
|
new text begin
135.00-139.99% new text end |
new text begin
2.91% new text end |
|
new text begin
140.00-144.99% new text end |
new text begin
3.21% new text end |
|
new text begin
145.00-149.99% new text end |
new text begin
3.21% new text end |
|
new text begin
150.00-154.99% new text end |
new text begin
3.21% new text end |
|
new text begin
155.00-159.99% new text end |
new text begin
3.84% new text end |
|
new text begin
160.00-164.99% new text end |
new text begin
3.84% new text end |
|
new text begin
165.00-169.99% new text end |
new text begin
4.46% new text end |
|
new text begin
170.00-174.99% new text end |
new text begin
4.76% new text end |
|
new text begin
175.00-179.99% new text end |
new text begin
5.05% new text end |
|
new text begin
180.00-184.99% new text end |
new text begin
5.65% new text end |
|
new text begin
185.00-189.99% new text end |
new text begin
5.95% new text end |
|
new text begin
190.00-194.99% new text end |
new text begin
6.24% new text end |
|
new text begin
195.00-199.99% new text end |
new text begin
6.84% new text end |
|
new text begin
200.00-204.99% new text end |
new text begin
7.58% new text end |
|
new text begin
205.00-209.99% new text end |
new text begin
8.33% new text end |
|
new text begin
210.00-214.99% new text end |
new text begin
9.20% new text end |
|
new text begin
215.00-219.99% new text end |
new text begin
10.07% new text end |
|
new text begin
220.00-224.99% new text end |
new text begin
10.94% new text end |
|
new text begin
225.00-229.99% new text end |
new text begin
11.55% new text end |
|
new text begin
230.00-234.99% new text end |
new text begin
12.16% new text end |
|
new text begin
235.00-239.99% new text end |
new text begin
12.77% new text end |
|
new text begin
240.00-244.99% new text end |
new text begin
13.38% new text end |
|
new text begin
245.00-249.99% new text end |
new text begin
14.00% new text end |
|
new text begin
250% new text end |
new text begin
ineligible new text end |
new text begin
A family's monthly co-payment fee is the fixed percentage established for the
income range multiplied by the highest possible income within that income range.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 42. new text begin LEGISLATIVE COMMISSION TO END POVERTY IN MINNESOTA
BY 2020.
new text end
new text begin Subdivision 1. new text end
new text begin Membership. new text end
new text begin
The Legislative Commission to End Poverty in
Minnesota by 2020 consists of nine members of the senate appointed by the Subcommittee
on Committees of the Committee on Rules and Administration, including four members of
the minority, and nine members of the house of representatives appointed by the speaker,
including four members of the minority. Appointments must be made by members elected
to the 85th session of the legislature and no later than February 15, 2007. The governor
may appoint two nonvoting members to sit with the commission.
new text end
new text begin Subd. 2. new text end
new text begin Guiding principles. new text end
new text begin
In preparing recommendations on how to end poverty
in Minnesota by 2020, the commission must be guided by the following principles:
new text end
new text begin
(a) There should be a consistent and persistent approach that includes participation
of people of faith, nonprofit agencies, government, and business.
new text end
new text begin
(b) All people should be provided with those things that protect human dignity
and make for a healthy life, including adequate food and shelter, meaningful work, safe
communities, health care, and education.
new text end
new text begin
(c) All people are intended to live well together as a whole community, seeking the
common good, avoiding wide disparities between those who have too little to live on and
those who have a disproportionate share of the nation's goods.
new text end
new text begin
(d) All people need to work together to overcome poverty, and this work transcends
both any particular political theory or party and any particular economic theory or
structure. Overcoming poverty requires the use of private and public resources.
new text end
new text begin
(e) Alliances are needed between the faith community, nonprofit agencies,
government, business, and others with a commitment to overcoming poverty.
new text end
new text begin
(f) Overcoming poverty involves both acts of direct service to alleviate the outcomes
of poverty and advocacy to change those structures that result in people living in poverty.
new text end
new text begin
(g) Government is neither solely responsible for alleviating poverty nor removed
from that responsibility. Government is the vehicle by which people order their lives
based on their shared vision. Society is well served when people bring their values into
the public arena. This convergence around issues of poverty and the common good
leads people of varying traditions to call on government to make a critical commitment
to overcoming poverty.
new text end
new text begin Subd. 3. new text end
new text begin Report. new text end
new text begin
The commission shall report its recommendations on how to end
poverty in Minnesota by 2020 to the legislature by December 15, 2008.
new text end
new text begin Subd. 4. new text end
new text begin Expiration. new text end
new text begin
The commission expires December 31, 2008.
new text end
Sec. 43. new text begin RAMSEY COUNTY CHILD CARE PILOT PROJECT.
new text end
new text begin Subdivision 1. new text end
new text begin Authorization for pilot project. new text end
new text begin
The commissioner of human
services shall approve a pilot project in Ramsey County that will help teen parents remain
in school and complete the student's education while providing child care assistance for
the student's child. The pilot project shall increase coordination between services from
the Minnesota family investment program, the child care assistance program, and area
public schools with the goal of removing barriers that prevent teen parents from pursuing
educational goals.
new text end
new text begin Subd. 2. new text end
new text begin Program design and implementation. new text end
new text begin
The Ramsey County child care
pilot project shall be established to improve the coordination of services to teen parents.
The pilot project shall:
new text end
new text begin
(1) provide a streamlined process for sharing information between the Minnesota
family investment program under Minnesota Statutes, chapter 256J, the child care
assistance program under Minnesota Statutes, chapter 119B, and public schools in
Ramsey County;
new text end
new text begin
(2) determine eligibility for child care assistance using the teen parent's eligibility
for reduced-cost or free school lunches in place of income verification; and
new text end
new text begin
(3) waive the child care parent fee under Minnesota Statutes, section 119B.12,
subdivision 2, for teen parents whose income is below poverty level and whose children
attend school-based child care centers.
new text end
new text begin Subd. 3. new text end
new text begin Costs. new text end
new text begin
Increased costs incurred under this section shall not increase the
basic sliding fee appropriation and shall not affect funds available for distribution under
Minnesota Statutes, sections 119B.06 and 119B.08.
new text end
Sec. 44. new text begin APPROPRIATIONS.
new text end
new text begin new text end
new text begin Subdivision 1. new text end
new text begin Department of Education. new text end
new text begin
The sums indicated in this section are
appropriated from the general fund to the Department of Education, unless otherwise
specified, for the fiscal years designated.
new text end
new text begin Subd. 2. new text end
new text begin School readiness and child care programs study. new text end
new text begin
For a school readiness
and child care programs study under section 40:
new text end
|
new text begin
$ new text end |
new text begin
75,000 new text end |
new text begin
..... new text end |
new text begin
2007 new text end |
new text begin
This is a onetime appropriation.
new text end
new text begin Subd. 3. new text end
new text begin Head Start/child care partnerships study. new text end
new text begin
For a grant to the Minnesota
Early Learning Foundation to study partnerships between Head Start and child care
providers under Minnesota Statutes, section 124D.175, paragraph (d):
new text end
|
new text begin
$ new text end |
new text begin
25,000 new text end |
new text begin
..... new text end |
new text begin
2007 new text end |
new text begin
This is a onetime appropriation.
new text end
new text begin Subd. 4. new text end
new text begin Educate parents partnership. new text end
new text begin
For the educate parents partnership under
Minnesota Statutes, section 124D.129:
new text end
|
new text begin
$ new text end |
new text begin
80,000 new text end |
new text begin
..... new text end |
new text begin
2007 new text end |
new text begin
The base for this program in fiscal year 2008 and later is $50,000.
new text end
new text begin Subd. 5. new text end
new text begin
Kindergarten entrance assessment initiative and intervention
program.
new text end
new text begin
For the kindergarten entrance assessment initiative and intervention program
under Minnesota Statutes, section 124D.136:
new text end
|
new text begin
$ new text end |
new text begin
258,000 new text end |
new text begin
..... new text end |
new text begin
2007 new text end |
new text begin Subd. 6. new text end
new text begin Early childhood Part C. new text end
new text begin
For the expansion of early childhood Part C
services:
new text end
|
new text begin
$ new text end |
new text begin
1,049,000 new text end |
new text begin
..... new text end |
new text begin
2007 new text end |
new text begin Subd. 7. new text end
new text begin Adult literacy grants for recent immigrants. new text end
new text begin
For adult literacy grants for
recent immigrants to Minnesota under section 38:
new text end
|
new text begin
$ new text end |
new text begin
1,500,000 new text end |
new text begin
..... new text end |
new text begin
2007 new text end |
new text begin
The base for this program is $1,500,000 in fiscal year 2008 and $0 in fiscal year 2009.
new text end
new text begin Subd. 8. new text end
new text begin NorthStar Quality Improvement and Rating System. new text end
new text begin
For a grant to the
Minnesota Early Learning Foundation for the NorthStar Quality Improvement and Rating
System under Minnesota Statutes, section 124D.175, paragraph (c):
new text end
|
new text begin
$ new text end |
new text begin
1,500,000 new text end |
new text begin
..... new text end |
new text begin
2007 new text end |
new text begin
This appropriation must be used to implement phase one of the NorthStar Quality
Improvement and Rating System including start-up costs, participation of 200 providers,
parent information, and materials and evaluation by the Minnesota Early Learning
Foundation in consultation with the University of Minnesota.
new text end
new text begin
This onetime appropriation is available to June 30, 2008.
new text end
new text begin Subd. 9. new text end
new text begin Legislative Commission to End Poverty by 2020. new text end
new text begin
To the Legislative
Coordinating Commission for the Legislative Commission to End Poverty by 2020 under
section 42:
new text end
|
new text begin
$ new text end |
new text begin
250,000 new text end |
new text begin
..... new text end |
new text begin
2007 new text end |
Sec. 45. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2004, section 119A.51,
new text end
new text begin
and
new text end
new text begin
Minnesota Statutes 2005
Supplement, section 119B.13, subdivision 7,
new text end
new text begin
and
new text end
new text begin
Laws 2003, First Special Session chapter
14, article 9, section 36,
new text end
new text begin
are repealed.
new text end
ARTICLE 3
GENERAL EDUCATION
Section 1.
Minnesota Statutes 2004, section 120A.20, subdivision 1, is amended to
read:
Subdivision 1.
Age limitations; pupils.
new text begin (a)new text end new text begin new text end All schools supported in whole or
in part by state funds are public schools. Admission to a public school is free to any
person whonew text begin : (1)new text end resides within the district that operates the schooldeleted text begin , whodeleted text end new text begin ; (2)new text end is under 21
years of agedeleted text begin ,deleted text end new text begin or who meets the requirements of paragraph (c);new text end and deleted text begin whodeleted text end new text begin (3)new text end satisfies the
minimum age requirements imposed by this section. Notwithstanding the provisions of
any law to the contrary, the conduct of all students under 21 years of age attending a
public secondary school is governed by a single set of reasonable rules and regulations
promulgated by the school board.
deleted text begin Nodeleted text end new text begin (b) Anew text end person shall new text begin not new text end be admitted to deleted text begin anydeleted text end new text begin anew text end public school (1) as a kindergarten
pupil, unless the pupil is at least five years of age on September 1 of the calendar year in
which the school year for which the pupil seeks admission commences; or (2) as a 1st
grade student, unless the pupil is at least six years of age on September 1 of the calendar
year in which the school year for which the pupil seeks admission commences or has
completed kindergarten; except that any school board may establish a policy for admission
of selected pupils at an earlier age.
new text begin
(c) A pupil who becomes age 21 after enrollment is eligible for continued free public
school enrollment until at least one of the following occurs: (1) the first September 1 after
the pupil's 21st birthday; (2) the pupil's completion of the graduation requirements; (3)
the pupil's withdrawal with no subsequent enrollment within 21 calendar days; or (4)
the end of the school year.
new text end
Sec. 2.
Minnesota Statutes 2005 Supplement, section 122A.415, subdivision 1, is
amended to read:
Subdivision 1.
Revenue amount.
(a) A school district, intermediate school district,
school site, or charter school that meets the conditions of section 122A.414 and submits an
application approved by the commissioner is eligible for alternative teacher compensation
revenue.
(b) For school district and intermediate school district applications, the commissioner
must consider only those applications to participate that are submitted jointly by a
district and the exclusive representative of the teachers. The application must contain an
alternative teacher professional pay system agreement that:
(1) implements an alternative teacher professional pay system consistent with
section 122A.414; and
(2) is negotiated and adopted according to the Public Employment Labor Relations
Act under chapter 179A, except that notwithstanding section 179A.20, subdivision 3, a
district may enter into a contract for a term of two or four years.
Alternative teacher compensation revenue for a qualifying school district or site in
which the school board and the exclusive representative of the teachers agree to place
teachers in the district or at the site on the alternative teacher professional pay system
equals $260new text begin times the ratio of the formula allowance for the current fiscal year to the
formula allowance for fiscal year 2007new text end times the number of pupils enrolled at the district
or site on October 1 of the previous fiscal year. Alternative teacher compensation revenue
for a qualifying intermediate school district must be calculated under section 126C.10,
subdivision 34, paragraphs (a) and (b).
(c) For a newly combined or consolidated district, the revenue shall be computed
using the sum of pupils enrolled on October 1 of the previous year in the districts entering
into the combination or consolidation. The commissioner may adjust the revenue
computed for a site using prior year data to reflect changes attributable to school closings,
school openings, or grade level reconfigurations between the prior year and the current
year.
(d) The revenue is available only to school districts, intermediate school districts,
school sites, and charter schools that fully implement an alternative teacher professional
pay system by October 1 of the current school year.
new text begin
(e) The revenue must be maintained in a reserve account within the general fund.
new text end
Sec. 3.
Minnesota Statutes 2005 Supplement, section 122A.415, subdivision 3, is
amended to read:
Subd. 3.
Revenue timing.
(a) Districts, intermediate school districts, school sites,
or charter schools with approved applications must receive alternative compensation
revenue for each school year that the district, intermediate school district, school site,
or charter school implements an alternative teacher professional pay system under this
subdivision and section 122A.414. For fiscal year 2007 and later, a qualifying district,
intermediate school district, school site, or charter school that received alternative teacher
compensation aid for the previous fiscal year must receive at least an amount of alternative
teacher compensation revenue equal to the lesser of the amount it received for the previous
fiscal year or the amount it qualifies for under subdivision 1 for the current fiscal year if
the district, intermediate school district, school site, or charter school submits a timely
application and the commissioner determines that the district, intermediate school district,
school site, or charter school continues to implement an alternative teacher professional
pay system, consistent with its application under this section.
(b) The commissioner shall approve applications that comply with subdivision 1,
and section 122A.414, subdivisions 2, paragraph (b), and 2a, if the applicant is a charter
school, in the order in which they are received, select applicants that qualify for this
program, notify school districts, intermediate school districts, school sites, and charter
schools about the program, develop and disseminate application materials, and carry out
other activities needed to implement this section.
(c) For applications approved under this section before August 1 of the fiscal year for
which the aid is paid, the portion of the state total basic alternative teacher compensation
aid entitlement allocated to charter schools must not exceed $522,000 for fiscal year
2006 and $3,374,000 for fiscal year 2007. For fiscal year 2008 and later, the portion of
the state total basic alternative teacher compensation aid entitlement allocated to charter
schools must not exceed the product of $3,374,000 times the ratio of the state total charter
school enrollment for the previous fiscal year to the state total charter school enrollment
for deleted text begin the second previous yeardeleted text end new text begin fiscal year 2006 times the ratio of the formula allowance for
the current fiscal year to the formula allowance for fiscal year 2007new text end . Additional basic
alternative teacher compensation aid may be approved for charter schools after August 1,
not to exceed the charter school limit for the following fiscal year, if the basic alternative
teacher compensation aid entitlement for school districts new text begin and intermediate school districts
new text end based on applications approved by August 1 does not expend the remaining amount under
the limit.
Sec. 4.
Minnesota Statutes 2004, section 123A.06, subdivision 2, is amended to read:
Subd. 2.
People to be served.
A center shall provide programs for secondary
pupils and adults. A center may also provide programs and services for elementary and
secondary pupils who are not attending the center to assist them in being successful in
school. A center shall use research-based best practices for serving limited English
proficient students and their parents. An individual education plan team may identify a
center as an appropriate placement to the extent a center can provide the student with the
appropriate special education services described in the student's plan. Pupils eligible to
be served are those deleted text begin age five to adults 22 and olderdeleted text end who qualify under the graduation
incentives program in section 124D.68, subdivision 2, new text begin those enrolled under section
124D.02, subdivision 2,new text end or those pupils who are eligible to receive special education
services under sections 125A.03 to 125A.24, and 125A.65.
Sec. 5.
Minnesota Statutes 2005 Supplement, section 123B.76, subdivision 3, is
amended to read:
Subd. 3.
Expenditures by building.
(a) For the purposes of this section, "building"
means education site as defined in section 123B.04, subdivision 1.
(b) Each district shall maintain separate accounts to identify general fund
expenditures for each building. All expenditures for regular instruction, secondary
vocational instruction, and school administration must be reported to the department
separately for each building. All expenditures for special education instruction,
instructional support services, and pupil support services provided within a specific
building must be reported to the department separately for each building. Salary
expenditures reported by building must reflect actual salaries for staff at the building and
must not be based on districtwide averages. All other general fund expenditures may be
reported by building or on a districtwide basis.
(c) The department must annually report information showing school district general
fund expenditures per pupil by program category for each building and estimated school
district general fund revenue generated by pupils attending each building on its Web
site. For purposes of this report:
(1) expenditures not reported by building shall be allocated among buildings on a
uniform per pupil basis;
(2) basic skills revenue shall be allocated according to section 126C.10, subdivision
4;
(3) secondary sparsity revenue and elementary sparsity revenue shall be allocated
according to section 126C.10, subdivisions 7 and 8;
(4) new text begin alternative teacher compensation revenue shall be allocated according to section
122A.415, subdivision 1;
new text end
new text begin (5) new text end other general education revenue shall be allocated on a uniform per pupil unit
basis;
deleted text begin (5)deleted text end new text begin (6)new text end first grade preparedness aid shall be allocated according to section 124D.081;
deleted text begin (6)deleted text end new text begin (7)new text end state and federal special education aid and Title I aid shall be allocated in
proportion to district expenditures for these programs by building; and
deleted text begin (7)deleted text end new text begin (8) new text end other general fund revenues shall be allocated on a uniform per pupil basis,
except that the department may allocate other revenues attributable to specific buildings
directly to those buildings.
Sec. 6.
Minnesota Statutes 2004, section 124D.02, subdivision 2, is amended to read:
Subd. 2.
Secondary school programs.
The board may permit a person who is over
the age of 21 or who has graduated from high school to enroll deleted text begin as a part-time studentdeleted text end in a
class or program at a secondary school if there is space available. In determining if there is
space available, deleted text begin full-timedeleted text end public school studentsdeleted text begin ,deleted text end new text begin eligible for free enrollment under section
120A.20, subdivision 1, andnew text end shared-time studentsnew text begin shall be given priority over students
seeking enrollment pursuant to this subdivisionnew text end , and students returning to complete a
regular course of study shall be given priority over deleted text begin part-timedeleted text end new text begin othernew text end students seeking
enrollment pursuant to this subdivision. The following are not prerequisites for enrollment:
(1) residency in the school district;
(2) United States citizenship; or
(3) for a person over the age of 21, a high school diploma or equivalency certificate.
A person may enroll in a class or program even if that person attends evening school, an
adult or continuing education, or a postsecondary educational program or institution.
Sec. 7.
Minnesota Statutes 2004, section 124D.02, subdivision 4, is amended to read:
Sec. 8.
Minnesota Statutes 2005 Supplement, section 124D.68, subdivision 2, is
amended to read:
Subd. 2.
Eligible pupils.
deleted text begin The following pupils aredeleted text end new text begin A pupil under the age of 21 or
who meets the requirements of section 120A.20, subdivision 1, paragraph (c), isnew text end eligible to
participate in the graduation incentives programdeleted text begin :
deleted text end
deleted text begin (a) any pupil under the age of 21 whodeleted text end new text begin , if the pupilnew text end :
(1) performs substantially below the performance level for pupils of the same age
in a locally determined achievement test;
(2) is at least one year behind in satisfactorily completing coursework or obtaining
credits for graduation;
(3) is pregnant or is a parent;
(4) has been assessed as chemically dependent;
(5) has been excluded or expelled according to sections 121A.40 to 121A.56;
(6) has been referred by a school district for enrollment in an eligible program or
a program pursuant to section 124D.69;
(7) is a victim of physical or sexual abuse;
(8) has experienced mental health problems;
(9) has experienced homelessness sometime within six months before requesting a
transfer to an eligible program;
(10) speaks English as a second language or has limited English proficiency; or
(11) has withdrawn from school or has been chronically truantdeleted text begin ; ordeleted text end new text begin .
new text end
deleted text begin
(b) any person who is at least 21 years of age and who:
deleted text end
deleted text begin
(1) has received fewer than 14 years of public or nonpublic education, beginning
at age 5;
deleted text end
deleted text begin
(2) has not completed the requirements for a high school diploma; and
deleted text end
deleted text begin
(3) at the time of application, (i) is eligible for unemployment benefits or has
exhausted the benefits, (ii) is eligible for, or is receiving income maintenance and support
services, as defined in section deleted text begin 116L.19, subdivision 5deleted text end , or (iii) is eligible for services under
the displaced homemaker program or any programs under the federal Jobs Training
Partnership Act or its successor.
deleted text end
Sec. 9.
Minnesota Statutes 2004, section 124D.68, subdivision 3, is amended to read:
Subd. 3.
Eligible programs.
(a) A pupil who is eligible according to subdivision 2
may enroll in area learning centers under sections 123A.05 to 123A.08.
(b) A pupil who is eligible according to subdivision 2 and who is between the ages
of 16 and 21 may enroll in postsecondary courses under section 124D.09.
(c) A pupil who is eligible under subdivision 2, may enroll in any public elementary
or secondary education program. deleted text begin However, a person who is eligible according to
subdivision 2, clause (b), may enroll only if the school board has adopted a resolution
approving the enrollment.
deleted text end
(d) A pupil who is eligible under subdivision 2, may enroll in any nonpublic,
nonsectarian school that has contracted with the serving school district to provide
educational services.
(e) A pupil who is between the ages of 16 and 21 may enroll in any adult basic
education programs approved under section 124D.52 and operated under the community
education program contained in section 124D.19.
Sec. 10.
Minnesota Statutes 2004, section 126C.05, subdivision 1, is amended to read:
Subdivision 1.
Pupil unit.
Pupil units for each Minnesota resident pupil new text begin under the
age of 21 or who meets the requirements of section 120A.20, subdivision 1, paragraph
(c), new text end in average daily membership enrolled in the district of residence, in another district
under sections 123A.05 to 123A.08, 124D.03, 124D.06, 124D.07, 124D.08, or 124D.68;
in a charter school under section 124D.10; or for whom the resident district pays tuition
under section 123A.18, 123A.22, 123A.30, 123A.32, 123A.44, 123A.488, 123B.88,
subdivision 4, 124D.04, 124D.05, 125A.03 to 125A.24, 125A.51, or 125A.65, shall be
counted according to this subdivision.
(a) A prekindergarten pupil with a disability who is enrolled in a program approved
by the commissioner and has an individual education plan is counted as the ratio of the
number of hours of assessment and education service to 825 times 1.25 with a minimum
average daily membership of 0.28, but not more than 1.25 pupil units.
(b) A prekindergarten pupil who is assessed but determined not to be handicapped is
counted as the ratio of the number of hours of assessment service to 825 times 1.25.
(c) A kindergarten pupil with a disability who is enrolled in a program approved
by the commissioner is counted as the ratio of the number of hours of assessment and
education services required in the fiscal year by the pupil's individual education program
plan to 875, but not more than one.
(d) A kindergarten pupil who is not included in paragraph (c) is counted as .557 of a
pupil unit for fiscal year 2000 and thereafter.
(e) A pupil who is in any of grades 1 to 3 is counted as 1.115 pupil units for fiscal
year 2000 and thereafter.
(f) A pupil who is any of grades 4 to 6 is counted as 1.06 pupil units for fiscal
year 1995 and thereafter.
(g) A pupil who is in any of grades 7 to 12 is counted as 1.3 pupil units.
(h) A pupil who is in the postsecondary enrollment options program is counted
as 1.3 pupil units.
Sec. 11.
Minnesota Statutes 2004, section 126C.10, subdivision 6, is amended to read:
Subd. 6.
Definitions.
The definitions in this subdivision apply only to subdivisions
7 and 8.
(a) "High school" means a new text begin public new text end secondary schoolnew text begin , except a charter school under
section 124D.10,new text end that has pupils enrolled in at least the 10th, 11th, and 12th grades. If
there is no deleted text begin secondarydeleted text end new text begin highnew text end school in the district deleted text begin that has pupils enrolled in at least the
10th, 11th, and 12th grades,deleted text end and the school is at least 19 miles from the next nearest
school, the commissioner must designate one school in the district as a high school for the
purposes of this section.
(b) "Secondary average daily membership" means, for a district that has only one
high school, the average daily membership of pupils served in grades 7 through 12. For a
district that has more than one high school, "secondary average daily membership" for
each high school means the product of the average daily membership of pupils served in
grades 7 through 12 in the high school, times the ratio of six to the number of grades
in the high school.
(c) "Attendance area" means the total surface area of the district, in square miles,
divided by the number of high schools in the district. For a district that does not operate
a high school and is less than 19 miles from the nearest operating high school, the
attendance area equals zero.
(d) "Isolation index" for a high school means the square root of 55 percent of the
attendance area plus the distance in miles, according to the usually traveled routes,
between the high school and the nearest high school. For a district in which there is located
land defined in section 84A.01, 84A.20, or 84A.31, the distance in miles is the sum of:
(1) the square root of one-half of the attendance area; and
(2) the distance from the border of the district to the nearest high school.
(e) "Qualifying high school" means a high school that has an isolation index greater
than 23 and that has secondary average daily membership of less than 400.
(f) "Qualifying elementary school" means deleted text begin andeleted text end new text begin a publicnew text end elementary schoolnew text begin , except a
charter school under section 124D.10,new text end that is located 19 miles or more from the nearest
elementary school or from the nearest elementary school within the district and, in either
case, has an elementary average daily membership of an average of 20 or fewer per grade.
(g) "Elementary average daily membership" means, for a district that has only
one elementary school, the average daily membership of pupils served in kindergarten
through grade 6. For a district that has more than one elementary school, "average daily
membership" for each school means the average daily membership of pupils served in
kindergarten through grade 6 multiplied by the ratio of seven to the number of grades
in the elementary school.
Sec. 12.
Minnesota Statutes 2005 Supplement, section 126C.10, subdivision 31,
is amended to read:
Subd. 31.
Transition revenue.
(a) A district's transition allowance equals the
greater of zero or the product of the ratio of the number of adjusted marginal cost pupil
units the district would have counted for fiscal year 2004 under Minnesota Statutes 2002
to the district's adjusted marginal cost pupil units for fiscal year 2004, times the difference
between: (1) the lesser of the district's general education revenue per adjusted marginal
cost pupil unit for fiscal year 2003 or the amount of general education revenue the district
would have received per adjusted marginal cost pupil unit for fiscal year 2004 according
to Minnesota Statutes 2002, and (2) the district's general education revenue for fiscal year
2004 excluding transition revenue divided by the number of adjusted marginal cost pupil
units the district would have counted for fiscal year 2004 under Minnesota Statutes 2002.
(b) A district's transition revenue for fiscal year 2006 and later equals the sum of
deleted text begin (1)deleted text end the product of the district's transition allowance times the district's adjusted marginal
cost pupil units plus deleted text begin (2) the amount of referendum revenue under section 126C.17 and
general education revenue, excluding transition revenue, for fiscal year 2004 attributable
to pupils four or five years of age on September 1, 2003, enrolled in a prekindergarten
program implemented by the district before July 1, 2003, and reported as kindergarten
pupils under section 126C.05, subdivision 1, for fiscal year 2004, plus (3) the amount of
compensatory education revenue under subdivision 3 for fiscal year 2005 attributable to
pupils four years of age on September 1, 2003, enrolled in a prekindergarten program
implemented by the district before July 1, 2003, and reported as kindergarten pupils
under section 126C.05, subdivision 1, for fiscal year 2004 multiplied by .04deleted text end new text begin the district's
transition for prekindergarten revenue under subdivision 31anew text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for revenue for fiscal year 2007
and later.
new text end
Sec. 13.
Minnesota Statutes 2004, section 126C.10, is amended by adding a
subdivision to read:
new text begin Subd. 31a. new text end
new text begin Transition for prekindergarten revenue. new text end
new text begin
For fiscal year 2007 and
later, a school district's transition for prekindergarten revenue equals the sum of (1) the
amount of referendum revenue under section 126C.17 and general education revenue,
excluding transition revenue, for fiscal year 2004 attributable to pupils four or five years
of age on September 1, 2003, enrolled in a prekindergarten program implemented by the
district before July 1, 2003, and reported as kindergarten pupils under section 126C.05,
subdivision 1, for fiscal year 2004, plus (2) the amount of compensatory education
revenue under subdivision 3 for fiscal year 2005 attributable to pupils four years of
age on September 1, 2003, enrolled in a prekindergarten program implemented by the
district before July 1, 2003, and reported as kindergarten pupils under section 126C.05,
subdivision 1, for fiscal year 2004 multiplied by .04.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for revenue for fiscal year 2007
and later.
new text end
Sec. 14.
Minnesota Statutes 2004, section 126C.10, is amended by adding a
subdivision to read:
new text begin Subd. 31b. new text end
new text begin Uses of transition for prekindergarten revenue. new text end
new text begin
A school district that
receives revenue under subdivision 31a must reserve that revenue for prekindergarten
programs serving students who turn age four by September 1 and who will enter
kindergarten the following year.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for fiscal year 2007 and later.
new text end
Sec. 15.
Minnesota Statutes 2005 Supplement, section 126C.10, subdivision 34,
is amended to read:
Subd. 34.
Basic alternative teacher compensation aid.
(a) For fiscal year 2006,
the basic alternative teacher compensation aid for a school district or an intermediate
school district with a plan approved under section 122A.414, subdivision 2b, equals the
alternative teacher compensation revenue under section 122A.415, subdivision 1. The
basic alternative teacher compensation aid for a charter school with an approved plan
under section 122A.414, subdivision 2b, equals $260 times the number of pupils enrolled
in the school on October 1 of the previous school year, or on October 1 of the current
fiscal year for a charter school in the first year of operation.
(b) For fiscal year 2007 deleted text begin and laterdeleted text end , the basic alternative teacher compensation aid
for a school district with a plan approved under section 122A.414, subdivision 2b, equals
73.1 percent of the alternative teacher compensation revenue under section 122A.415,
subdivision 1. The basic alternative teacher compensation aid for an intermediate school
district or charter school with a plan approved under section 122A.414, subdivisions 2a
and 2b, if the recipient is a charter school, equals $260 times the number of pupils enrolled
in the school on October 1 of the previous fiscal year, or on October 1 of the current fiscal
year for a charter school in the first year of operation, times the ratio of the sum of the
alternative teacher compensation aid and alternative teacher compensation levy for all
participating school districts to the maximum alternative teacher compensation revenue
for those districts under section 122A.415, subdivision 1.
(c) new text begin For fiscal year 2008 and later, the basic alternative teacher compensation aid for
a school district with a plan approved under section 122A.414, subdivision 2b, equals the
alternative teacher compensation revenue under section 122A.415, subdivision 1, minus
$69.94 times the number of pupils enrolled at participating sites on October 1 of the
previous fiscal year. The basic alternative teacher compensation aid for an intermediate
school district or charter school with a plan approved under section 122A.414, subdivisions
2a and 2b, if the recipient is a charter school, equals $260 times the ratio of the formula
allowance for the current fiscal year to the formula allowance for fiscal year 2007 times
the number of pupils enrolled in the school on October 1 of the previous fiscal year, or on
October 1 of the current fiscal year for a charter school in the first year of operation, times
the ratio of the sum of the alternative teacher compensation aid and alternative teacher
compensation levy for all participating school districts to the maximum alternative teacher
compensation revenue for those districts under section 122A.415, subdivision 1.
new text end
new text begin (d) new text end Notwithstanding paragraphs (a) deleted text begin anddeleted text end new text begin ,new text end (b)new text begin , and (c)new text end and section 122A.415,
subdivision 1, the state total basic alternative teacher compensation aid entitlement
must not exceed $19,329,000 for fiscal year 2006 deleted text begin anddeleted text end new text begin ,new text end $75,636,000 for fiscal year 2007
deleted text begin and laterdeleted text end new text begin , and, for fiscal year 2008 and later, $75,636,000 times the ratio of the formula
allowance for the current fiscal year to the formula allowance for fiscal year 2007new text end . The
commissioner must limit the amount of alternative teacher compensation aid approved
under deleted text begin sectiondeleted text end new text begin sectionsnew text end 122A.415new text begin and 122A.416new text end so as not to exceed these limits.
Sec. 16.
Minnesota Statutes 2005 Supplement, section 126C.43, subdivision 2, is
amended to read:
Subd. 2.
Payment to unemployment insurance program trust fund by state
and political subdivisions.
new text begin (a) new text end A district may levy the amount necessary deleted text begin (i)deleted text end new text begin (1)new text end to pay
the district's obligations under section 268.052, subdivision 1, and deleted text begin (ii)deleted text end new text begin (2)new text end to pay for job
placement services offered to employees who may become eligible for benefits pursuant
to section 268.085 for the fiscal year the levy is certified.
new text begin
(b) Districts with a balance remaining in their reserve for reemployment as of June
30, 2003, may not expend the reserved funds for future reemployment expenditures. Each
year a levy reduction must be made to return these funds to taxpayers. The amount of
the levy reduction must be equal to the lesser of: (1) the remaining reserved balance for
reemployment, or (2) the amount of the district's current levy under paragraph (a).
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 17.
Minnesota Statutes 2004, section 126C.44, is amended to read:
126C.44 SAFE SCHOOLS LEVY.
Each district may make a levy on all taxable property located within the district for
the purposes specified in this section. The maximum amount which may be levied for all
costs under this section shall be equal to $27 multiplied by the district's adjusted marginal
cost pupil units for the school year. The proceeds of the levy must be new text begin reserved and new text end used
for directly funding the following purposes or for reimbursing the cities and counties who
contract with the district for the following purposes: (1) to pay the costs incurred for the
salaries, benefits, and transportation costs of peace officers and sheriffs for liaison in
services in the district's schools; (2) to pay the costs for a drug abuse prevention program
as defined in section 609.101, subdivision 3, paragraph (e), in the elementary schools; (3)
to pay the costs for a gang resistance education training curriculum in the district's schools;
(4) to pay the costs for security in the district's schools and on school property; or (5) to
pay the costs for other crime prevention, drug abuse, student and staff safety, and violence
prevention measures taken by the school district. new text begin For expenditures under clause (1), new text end the
district must initially attempt to contract for services to be provided by peace officers or
sheriffs with the police department of each city or the sheriff's department of the county
within the district containing the school receiving the services. If a local police department
or a county sheriff's department does not wish to provide the necessary services, the
district may contract for these services with any other police or sheriff's department
located entirely or partially within the school district's boundaries. deleted text begin The levy authorized
under this section is not included in determining the school district's levy limitations.deleted text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for revenue for fiscal year 2006.
new text end
Sec. 18.
Minnesota Statutes 2005 Supplement, section 127A.45, subdivision 10,
is amended to read:
Subd. 10.
Payments to school nonoperating funds.
Each fiscal year state general
fund payments for a district nonoperating fund must be made at the current year aid
payment percentage of the estimated entitlement during the fiscal year of the entitlement.
This amount shall be paid in 12 equal monthly installments. The amount of the actual
entitlement, after adjustment for actual data, minus the payments made during the fiscal
year of the entitlement must be paid prior to October 31 of the following school year. The
commissioner may make advance payments of debt service equalization aid new text begin and state-paid
tax credits new text end for a district's debt service fund earlier than would occur under the preceding
schedule if the district submits evidence showing a serious cash flow problem in the fund.
The commissioner may make earlier payments during the year and, if necessary, increase
the percent of the entitlement paid to reduce the cash flow problem.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 19.
Laws 2005, First Special Session chapter 5, article 1, section 47, is amended
to read:
Sec. 47. ALTERNATIVE TEACHER COMPENSATION REVENUE
GUARANTEE.
Notwithstanding Minnesota Statutes, sections 122A.415, subdivision 1, and
126C.10, subdivision 34, paragraphs (a) and (b), a school district that received alternative
teacher compensation aid for fiscal year 2005, but does not qualify for alternative
teacher compensation revenue for all sites in the district for fiscal year 2006 deleted text begin ordeleted text end new text begin ,new text end 2007,
new text begin 2008, or 2009, new text end shall receive additional basic alternative teacher compensation aid for
that fiscal year equal to the lesser of the amount of alternative teacher compensation
aid it received for fiscal year 2005 or the amount it would have received for that fiscal
year under Minnesota Statutes 2004, section 122A.415, subdivision 1, for teachers at
sites not qualifying for alternative teacher compensation revenue for that fiscal year, if
the district submits a timely application and the commissioner determines that the district
continues to implement an alternative teacher compensation system, consistent with its
application under Minnesota Statutes 2004, section 122A.415, for fiscal year 2005. The
additional basic alternative teacher compensation aid under this section must not be used
in calculating the alternative teacher compensation levy under Minnesota Statutes, section
126C.10, subdivision 35. This section applies only to fiscal years 2006 deleted text begin and 2007deleted text end new text begin through
2009new text end and does not apply to later fiscal years.
Sec. 20.
Laws 2005, First Special Session chapter 5, article 1, section 54, subdivision
2, is amended to read:
Subd. 2. General education aid. For general education aid under Minnesota
Statutes, section 126C.13, subdivision 4:
| $ |
deleted text begin 5,136,578,000deleted text end new text begin 5,819,153,000 new text end |
..... |
2006 |
|
| $ |
deleted text begin
5,390,196,000 deleted text end new text begin 5,472,238,000 new text end |
..... |
2007 |
The 2006 appropriation includes deleted text begin $784,978,000deleted text end new text begin $787,978,000new text end for 2005 and
deleted text begin $4,351,600,000deleted text end new text begin $5,031,175,000new text end for 2006.
The 2007 appropriation includes deleted text begin $817,588,000deleted text end new text begin $513,848,000new text end for 2006 and
deleted text begin $4,572,608,000deleted text end new text begin $4,958,390,000new text end for 2007.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 21. new text begin ALTERNATIVE TEACHER COMPENSATION REVENUE FOR
SPECIAL SCHOOL DISTRICT NO. 6, SOUTH ST. PAUL.
new text end
new text begin
Notwithstanding Minnesota Statutes, sections 122A.413, 122A.414, 122A.415,
and 126C.10, Special School District No. 6, South St. Paul, shall be eligible for
alternative teacher compensation revenue under Minnesota Statutes, section 122A.415,
for the elementary and middle years international baccalaureate pilot program. The
revenue generated from the alternative teacher compensation program must be used
for preinstructional startup costs, including staff, training, curriculum materials, and
preparation costs.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for revenue for fiscal years 2007
through 2011.
new text end
Sec. 22. new text begin ONETIME SUPPLEMENTAL AID.
new text end
new text begin
(a) For fiscal year 2007 only, a school district's onetime supplemental aid is equal to
$34.50 times its adjusted marginal cost pupil units. For fiscal year 2007 only, a charter
school's onetime supplemental aid is equal to $15 times its adjusted marginal cost pupil
units.
new text end
new text begin
(b) A district that receives revenue under Minnesota Statutes, section 126C.10,
subdivision 31a, must reserve its onetime supplemental aid according to Minnesota
Statutes, section 126C.10, subdivision 31b.
new text end
new text begin
(c) A school district or charter school that does not receive revenue under Minnesota
Statutes, section 126C.10, subdivision 31a, may use its onetime supplemental aid to
reduce class sizes in kindergarten through grade 6, provide all-day kindergarten, reduce its
statutory operating debt, pay for heating and fuel costs, pay for technology costs, provide
prekindergarten programs serving students who turn age four by September 1 and who will
enter kindergarten the following year, or provide limited English proficiency programs.
new text end
new text begin
(d) If a district that is required to reserve its onetime supplemental aid under
paragraph (b) adopts a school board resolution to reallocate its funds, the district may use
its onetime supplemental aid according to paragraph (c). A district that adopts a board
resolution to reallocate the onetime supplemental aid reserve under paragraph (b) must
notify the commissioner of education.
new text end
new text begin
(e) This aid is paid entirely in fiscal year 2007 based on estimated data. By January
31, 2008, the Department of Education shall recalculate the aid for each district using
actual data, and shall adjust the general education aid paid to school districts for fiscal year
2008 by the amount of the difference between the estimated aid and the actual aid.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for revenue for fiscal year 2007 only.
new text end
Sec. 23. new text begin APPROPRIATION.
new text end
new text begin Subdivision 1. new text end
new text begin Department of Education. new text end
new text begin
The sum indicated in this section is
appropriated from the general fund to the Department of Education for the fiscal year
designated.
new text end
new text begin Subd. 2. new text end
new text begin Onetime supplemental aid. new text end
new text begin
For onetime supplemental aid according
to section 23:
new text end
|
new text begin
$ new text end |
new text begin
32,229,000 new text end |
new text begin
..... new text end |
new text begin
2007 new text end |
Sec. 24. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2004, section 120A.20, subdivision 3,
new text end
new text begin
is repealed.
new text end
ARTICLE 4
EDUCATION EXCELLENCE
Section 1.
Minnesota Statutes 2004, section 120A.22, subdivision 3, is amended to
read:
Subd. 3.
Parent defined; residency determined.
(a) In this section and sections
120A.24 and 120A.26, "parent" means a parent, guardian, or other person having legal
custody of a child.
(b) In sections 125A.03 to 125A.24 and 125A.65, "parent" means a parent, guardian,
or other person having legal custody of a child under age 18. For an unmarried pupil age
18 or over, "parent" means the pupil unless a guardian or conservator has been appointed,
in which case it means the guardian or conservator.
(c) For purposes of sections 125A.03 to 125A.24 and 125A.65, the school district of
residence for an unmarried pupil age 18 or over who is a parent under paragraph (b) and
who is placed in a center for care and treatment, shall be the school district in which the
pupil's biological or adoptive parent or designated guardian resides.
(d) For a married pupil age 18 or over, the school district of residence is the school
district in which the married pupil resides.
new text begin
(e) If a district reasonably believes that a student does not meet the residency
requirements of the school district in which the student is attending school, the student
may be removed from the school only after the district sends the student's parents written
notice of the district's belief, including the facts upon which the belief is based, and an
opportunity to provide documentary evidence of residency in person to the superintendent
or designee, or, at the option of the parents, by sending the documentary evidence to the
superintendent, or a designee, who will then make a determination as to the residency
status of the student.
new text end
Sec. 2.
Minnesota Statutes 2004, section 120B.021, subdivision 1, is amended to read:
Subdivision 1.
Required academic standards.
The following subject areas are
required for statewide accountability:
(1) language arts;
(2) mathematics;
(3) science;
(4) social studies, including history, geography, economics, and government and
citizenship;
(5) health and physical education, for which locally developed academic standards
apply; and
(6) the arts, for which statewide or locally developed academic standards apply, as
determined by the school district. Public elementary and middle schools must offer at least
three and require at least two of the following four arts areas: dance; music; theater; and
visual arts. Public high schools must offer at least three and require at least one of the
following five arts areas: media arts; dance; music; theater; and visual arts.
The commissioner must submit proposed standards in science and social studies to
the legislature by February 1, 2004.
For purposes of applicable federal law, the academic standards for language arts,
mathematics, and science apply to all public school students, except the very few students
with extreme cognitive or physical impairments for whom an individualized education
plan team has determined that the required academic standards are inappropriate.
An individualized education plan team that makes this determination must establish
alternative standards.
A school district, no later than the 2007-2008 school year, must adopt graduation
requirements that meet or exceed state graduation requirements established in law or
rule. A school district that incorporates these state graduation requirements before the
2007-2008 school year must provide students who enter the 9th grade in or before
the 2003-2004 school year the opportunity to earn a diploma based on existing locally
established graduation requirements in effect when the students entered the 9th grade.
District efforts to develop, implement, or improve instruction or curriculum as a result
of the provisions of this section must be consistent with sections 120B.10, 120B.11,
and 120B.20.
new text begin
At a minimum, school districts must maintain the same physical education and
health education requirements for students in kindergarten through grade 8 adopted for the
2005-2006 school year through the 2008-2009 school year. Before a revision of the local
health and physical education standards, a school district must consult the grade-specific
benchmarks developed by the Department of Education's health and physical education
quality teaching network for the six national physical education standards and the seven
national health standards.
new text end
new text begin
The commissioner must include the contributions of Minnesota American Indian
tribes and communities as they relate to each of the academic standards during the review
and revision of the required academic standards.
new text end
Sec. 3.
Minnesota Statutes 2005 Supplement, section 120B.021, subdivision 1a,
is amended to read:
Subd. 1a.
Rigorous course of study; waiver.
(a) Upon receiving a student's
application signed by the student's parent or guardian, a school district, area learning
center, or charter school must declare that a student meets or exceeds a specific academic
standard required for graduation under this section if the local school board, the school
board of the school district in which the area learning center is located, or the charter
school board of directors determines that the student:
(1) is participating in a course of study, including an advanced placement or
international baccalaureate course or program; a learning opportunity outside the
curriculum of the district, area learning center, or charter school; or an approved
preparatory program for employment or postsecondary education that is equally or more
rigorous than the corresponding state or local academic standard required by the district,
area learning center, or charter school;
(2) would be precluded from participating in the rigorous course of study, learning
opportunity, or preparatory employment or postsecondary education program if the student
were required to achieve the academic standard to be waived; and
(3) satisfactorily completes the requirements for the rigorous course of study,
learning opportunity, or preparatory employment or postsecondary education program.
Consistent with the requirements of this section, the local school board, the school board
of the school district in which the area learning center is located, or the charter school
board of directors also may formally determine other circumstances in which to declare
that a student meets or exceeds a specific academic standard that the site requires for
graduation under this section.
(b) A student who satisfactorily completes a postsecondary enrollment options
course or program under section 124D.09new text begin , or an advanced placement or international
baccalaureate course or program under section 120B.13,new text end is not required to complete other
requirements of the academic standards corresponding to that specific rigorous course
of study.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 4.
Minnesota Statutes 2004, section 120B.023, is amended to read:
120B.023 BENCHMARKS.
new text begin Subdivision 1. new text end
new text begin
Benchmarks implement, supplement statewide academic
standards.
new text end
(a) The commissioner must supplement required state academic standards with
grade-level benchmarks. High school benchmarks may cover more than one grade. The
benchmarks must implement statewide academic standards by specifying the academic
knowledge and skills that schools must offer and students must achieve to satisfactorily
complete a state standard. new text begin The commissioner must publish new text end benchmarks deleted text begin are publisheddeleted text end to
inform and guide parents, teachers, school districts, and other interested persons and deleted text begin fordeleted text end new text begin tonew text end
use in developing tests consistent with the benchmarks.
(b) The commissioner shall publish benchmarks in the State Register and transmit
the benchmarks in any other manner that makes them accessible to the general public. The
commissioner may charge a reasonable fee for publications.
(c) Once established, the commissioner may change the benchmarks only with
specific legislative authorization and after completing a review under deleted text begin paragraph (d)deleted text end new text begin
subdivision 2new text end .
(d) The commissioner must develop and implement a system for reviewing deleted text begin on
a four-year cycledeleted text end each of the required academic standards and related benchmarks and
elective standards deleted text begin beginning in the 2006-2007 school yeardeleted text end new text begin on a periodic cycle, consistent
with subdivision 2new text end .
(e) The benchmarks are not subject to chapter 14 and section 14.386 does not apply.
new text begin Subd. 2. new text end
new text begin Revisions and reviews required. new text end
new text begin
(a) The commissioner of education must
revise and appropriately embed technology and information literacy standards consistent
with recommendations from school media specialists into the state's academic standards
and graduation requirements and implement a review cycle for state academic standards
and related benchmarks, consistent with this subdivision. During each review cycle, the
commissioner also must examine the alignment of each required academic standard and
related benchmark with the knowledge and skills students need for college readiness and
advanced work in the particular subject area.
new text end
new text begin
(b) The commissioner in the 2006-2007 school year must revise and align the state's
academic standards and high school graduation requirements in mathematics to require
that students satisfactorily complete the revised mathematics standards, beginning in the
2010-2011 school year. Under the revised standards:
new text end
new text begin
(1) students must satisfactorily complete an algebra I credit by the end of eighth
grade; and
new text end
new text begin
(2) students scheduled to graduate in the 2014-2015 school year or later must
satisfactorily complete an algebra II credit or its equivalent.
new text end
new text begin
The commissioner also must ensure that the statewide mathematics assessments
administered to students in grades 3 through 8 and 11 beginning in the 2010-2011
school year are aligned with the state academic standards in mathematics. The statewide
11th grade mathematics test administered to students under clause (2) beginning in
the 2013-2014 school year must include algebra II test items that are aligned with
corresponding state academic standards in mathematics. The commissioner must
implement a review of the academic standards and related benchmarks in mathematics
beginning in the 2015-2016 school year.
new text end
new text begin
(c) The commissioner in the 2007-2008 school year must revise and align the state's
academic standards and high school graduation requirements in the arts to require that
students satisfactorily complete the revised arts standards beginning in the 2010-2011
school year. The commissioner must implement a review of the academic standards and
related benchmarks in arts beginning in the 2016-2017 school year.
new text end
new text begin
(d) The commissioner in the 2008-2009 school year must revise and align the state's
academic standards and high school graduation requirements in science to require that
students satisfactorily complete the revised science standards, beginning in the 2011-2012
school year. Under the revised standards, students scheduled to graduate in the 2014-2015
school year or later must satisfactorily complete a chemistry or physics credit. The
commissioner must implement a review of the academic standards and related benchmarks
in science beginning in the 2017-2018 school year.
new text end
new text begin
(e) The commissioner in the 2009-2010 school year must revise and align the state's
academic standards and high school graduation requirements in language arts to require
that students satisfactorily complete the revised language arts standards beginning in the
2012-2013 school year. The commissioner must implement a review of the academic
standards and related benchmarks in language arts beginning in the 2018-2019 school year.
new text end
new text begin
(f) The commissioner in the 2010-2011 school year must revise and align the state's
academic standards and high school graduation requirements in social studies to require
that students satisfactorily complete the revised social studies standards beginning in the
2013-2014 school year. The commissioner must implement a review of the academic
standards and related benchmarks in social studies beginning in the 2019-2020 school year.
new text end
new text begin
(g) School districts and charter schools must revise and align local academic
standards and high school graduation requirements in health, physical education, world
languages, and career and technical education to require students to complete the revised
standards beginning in a school year determined by the school district or charter school.
School districts and charter schools must formally establish a periodic review cycle for
the academic standards and related benchmarks in health, physical education, world
languages, and career and technical education.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 5.
Minnesota Statutes 2004, section 120B.024, is amended to read:
120B.024 GRADUATION REQUIREMENTS; COURSE CREDITSnew text begin ;
STUDENT TRANSFERSnew text end .
new text begin (a)new text end Students beginning 9th grade in the 2004-2005 school year and later must
successfully complete the following high school level course credits for graduation:
(1) four credits of language arts;
(2) three credits of mathematics, encompassing at least algebra, geometry, statistics,
and probability sufficient to satisfy the academic standard new text begin and beginning in the 2010-2011
school year for students scheduled to graduate in the 2014-2015 school year or later, one
algebra II credit or its equivalentnew text end ;
(3) three credits of science, including at least one credit in biology new text begin and for the
2011-2012 school year and later, one credit in chemistry or physicsnew text end ;
(4) three and one-half credits of social studies, encompassing at least United
States history, geography, government and citizenship, world history, and economics or
three credits of social studies encompassing at least United States history, geography,
government and citizenship, and world history, and one-half credit of economics taught in
a school's social studiesnew text begin , agriculture education,new text end or business department;
(5) one credit in the arts; and
(6) a minimum of seven elective course credits.
new text begin
(b) Students beginning 9th grade in the 2006-2007 school year and later must
complete the following course credits for graduation in addition to those specified in
paragraph (a), clauses (1) to (5):
new text end
new text begin
(1) one-half credit in physical education and one-half credit in health education; and
new text end
new text begin
(2) a minimum of six elective course credits instead of the seven elective course
credits specified in paragraph (a), clause (6).
new text end
new text begin (c)new text end A course credit is equivalent to a student successfully completing an academic
year of study or a student mastering the applicable subject matter, as determined by the
local school district.
new text begin
(d) An agriculture science course may fulfill a science credit requirement under
this section.
new text end
new text begin
(e) A district, area learning center, and charter school must establish processes by
which to transfer as completed:
new text end
new text begin
(1) those course credit requirements that other school sites within the district or
other public schools verify on transcripts as completed; and
new text end
new text begin
(2) the work that educational institutions outside the state accept for completing the
equivalent of course credit requirements and verify on transcripts as completed.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 6.
Minnesota Statutes 2005 Supplement, section 120B.131, subdivision 2, is
amended to read:
Subd. 2.
Reimbursement for examination fees.
The state may reimburse
college-level examination program (CLEP) fees for a Minnesota publicnew text begin or nonpublicnew text end
high school student who has successfully completed one or more college-level courses
in high school deleted text begin and earned a satisfactory score on one or more CLEP examinationsdeleted text end new text begin in the
subject matter of each examinationnew text end in the following subjects: composition and literature,
mathematics and science, social sciences and history, foreign languages, and business and
humanities. The state may reimburse each deleted text begin successfuldeleted text end student for up to six examination
fees. The commissioner shall establish application procedures and a process and schedule
for fee reimbursements. The commissioner must give priority to reimburse the CLEP
examination fees of students of low-income families.
Sec. 7.
new text begin
[121A.02] SCHOOL SAFETY.
new text end
new text begin Subdivision 1. new text end
new text begin School safety advisory council. new text end
new text begin
A school safety advisory council
is established under section 15.059. The advisory council is composed of 12 members
representing law enforcement agencies, mental health services, substance abuse services,
faith communities, school administrators, students, and school athletic departments and
extracurricular organizations. The members of the council shall be appointed by the
commissioner and must be from geographically diverse regions of the state.
new text end
new text begin Subd. 2. new text end
new text begin Duties. new text end
new text begin
The advisory council shall advise the commissioner on issues
related to school safety. The advisory council, in cooperation with the commissioner,
shall make recommendations for the creation of a Center for School Safety for the state
that serves as the central point for the collection and dissemination of information about
successful school safety programs, provide services to schools to assess current school
environments, and provide materials, training, and technical assistance.
new text end
new text begin Subd. 3. new text end
new text begin Center for School Safety. new text end
new text begin
Consistent with the recommendations of
the advisory council, the commissioner shall establish the Center for School Safety.
The advisory council shall continue to advise the commissioner and the center on its
operations. The Center for School Safety shall, at a minimum:
new text end
new text begin
(1) establish a clearinghouse for information and materials concerning school safety;
new text end
new text begin
(2) provide safe school assessments;
new text end
new text begin
(3) provide training and technical assistance customized to individual school needs
for school staff, students, and parents;
new text end
new text begin
(4) provide services to enhance school climate;
new text end
new text begin
(5) coordinate school efforts with the broader community; and
new text end
new text begin
(6) evaluate and report on the implementation and effectiveness of the services
provided by the center.
new text end
Sec. 8.
Minnesota Statutes 2004, section 121A.035, is amended to read:
121A.035 CRISIS MANAGEMENT POLICY.
Subdivision 1.
Model policy.
deleted text begin By December 1, 1999, deleted text end The commissioner shall
maintain and make available to school boards new text begin and charter schools new text end a model crisis
management policynew text begin that includes, among other items, school lock-down and tornado drills,
consistent with subdivision 2, and school fire drills under section 299F.30new text end .
Subd. 2.
School district new text begin and charter school new text end policy.
deleted text begin By July 1, 2000, deleted text end A school
board new text begin and a charter school new text end must adopt a deleted text begin districtdeleted text end crisis management policy to address
potential violent crisis situations in the districtnew text begin or charter schoolnew text end . The policy must be
developed deleted text begin in consultationdeleted text end new text begin cooperativelynew text end with administrators, teachers, employees,
students, parents, community members, law enforcement agencies, new text begin other emergency
management officials, new text end county attorney offices, social service agencies, new text begin emergency medical
responders, new text end and any other appropriate individuals or organizations.new text begin The policy must
include at least five school lock-down drills, five school fire drills consistent with section
299F.30, and one tornado drill.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for the 2006-2007 school year and
later.
new text end
Sec. 9.
new text begin
[121A.231] COMPREHENSIVE FAMILY LIFE AND SEXUALITY
EDUCATION PROGRAMS.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
(a) "Comprehensive family life and sexuality education"
means education in grades 7 through 12 that:
new text end
new text begin
(1) respects community values and encourages family communication;
new text end
new text begin
(2) develops skills in communication, decision making, and conflict resolution;
new text end
new text begin
(3) contributes to healthy relationships;
new text end
new text begin
(4) provides human development and sexuality education that is age appropriate
and medically accurate;
new text end
new text begin
(5) includes an abstinence-first approach to delaying initiation of sexual activity that
emphasizes abstinence while also including education about the use of protection and
contraception; and
new text end
new text begin
(6) promotes individual responsibility.
new text end
new text begin
(b) "Age appropriate" refers to topics, messages, and teaching methods suitable to
particular ages or age groups of children and adolescents, based on developing cognitive,
emotional, and behavioral capacity typical for the age or age group.
new text end
new text begin
(c) "Medically accurate" means verified or supported by research conducted in
compliance with scientific methods and published in peer-reviewed journals, where
appropriate, and recognized as accurate and objective by professional organizations
and agencies in the relevant field, such as the federal Centers for Disease Control
and Prevention, the American Public Health Association, the American Academy of
Pediatrics, or the American College of Obstetricians and Gynecologists.
new text end
new text begin Subd. 2. new text end
new text begin Curriculum requirements. new text end
new text begin
(a) A school district may offer and may
independently establish policies, procedures, curriculum, and services for providing
comprehensive family life and sexuality education that is age appropriate and medically
accurate for kindergarten through grade 6.
new text end
new text begin
(b) A school district must offer and may independently establish policies, procedures,
curriculum, and services for providing comprehensive family life and sexuality education
that is age appropriate and medically accurate for grades 7 through 12.
new text end
new text begin Subd. 3. new text end
new text begin Notice and parental options. new text end
new text begin
(a) It is the legislature's intent to encourage
pupils to communicate with their parents or guardians about human sexuality and to respect
rights of parents or guardians to supervise their children's education on these subjects.
new text end
new text begin
(b) Parents or guardians may excuse their children from all or part of a
comprehensive family life and sexuality education program.
new text end
new text begin
(c) A school district must establish procedures for providing parents or guardians
reasonable notice with the following information:
new text end
new text begin
(1) if the district is offering a comprehensive family life and sexuality education
program to the parents' or guardians' child during the course of the year;
new text end
new text begin
(2) how the parents or guardians may inspect the written and audio/visual
educational materials used in the program and the process for inspection;
new text end
new text begin
(3) if the program is presented by school district personnel or outside consultants,
and if outside consultants are used, who they may be; and
new text end
new text begin
(4) parents' or guardians' right to choose not to have their child participate in the
program and the procedure for exercising that right.
new text end
new text begin
(d) A school district must establish procedures for reasonably restricting the
availability of written and audio/visual educational materials from public view of students
who have been excused from all or part of a comprehensive family life and sexuality
education program at the request of a parent or guardian.
new text end
new text begin Subd. 4. new text end
new text begin Assistance to school districts. new text end
new text begin
(a) The Department of Education may
offer services to school districts to help them implement effective comprehensive family
life and sexuality education programs. In providing these services, the department may
contract with a school district, or a school district in partnership with a local health agency
or a nonprofit organization, to establish up to eight regional training sites, taking into
account geographical balance, to provide:
new text end
new text begin
(1) training for teachers, parents, and community members in the development of
comprehensive family life and sexuality education curriculum or services and in planning
for monitoring and evaluation activities;
new text end
new text begin
(2) resource staff persons to provide expert training, curriculum development and
implementation, and evaluation services;
new text end
new text begin
(3) technical assistance to promote and coordinate community, parent, and youth
forums in communities identified as having high needs for comprehensive family life
and sexuality education;
new text end
new text begin
(4) technical assistance for issue management and policy development training for
school boards, superintendents, principals, and administrators across the state; and
new text end
new text begin
(5) funding for grants to school-based comprehensive family life and sexuality
education programs to promote innovation and to recognize outstanding performance and
promote replication of demonstrably effective strategies.
new text end
new text begin
(b) Technical assistance provided by the department to school districts or regional
training sites may:
new text end
new text begin
(1) promote instruction and use of materials that are age appropriate;
new text end
new text begin
(2) provide information that is medically accurate and objective;
new text end
new text begin
(3) provide instruction and promote use of materials that are respectful of marriage
and commitments in relationships;
new text end
new text begin
(4) provide instruction and promote use of materials that are appropriate for use
with pupils and family experiences based on race, gender, sexual orientation, and ethnic
and cultural background, and appropriately accommodate alternative learning based on
language or disability;
new text end
new text begin
(5) provide instruction and promote use of materials that encourage pupils to
communicate with their parents or guardians about human sexuality;
new text end
new text begin
(6) provide instruction and promote use of age-appropriate materials that teach
abstinence from sexual intercourse as the only certain way to prevent unintended
pregnancy or sexually transmitted infections, including HIV, and provide information
about the role and value of abstinence while also providing medically accurate information
on other methods of preventing and reducing risk for unintended pregnancy and sexually
transmitted infections;
new text end
new text begin
(7) provide instruction and promote use of age-appropriate materials that are
medically accurate in explaining transmission modes, risks, symptoms, and treatments for
sexually transmitted infections, including HIV;
new text end
new text begin
(8) provide instruction and promote use of age-appropriate materials that address
varied societal views on sexuality, sexual behaviors, pregnancy, and sexually transmitted
infections, including HIV, in an age-appropriate manner;
new text end
new text begin
(9) provide instruction and promote use of age-appropriate materials that provide
information about the effectiveness and safety of all FDA-approved methods for
preventing and reducing risk for unintended pregnancy and sexually transmitted
infections, including HIV;
new text end
new text begin
(10) provide instruction and promote use of age-appropriate materials that provide
instruction in skills for making and implementing responsible decisions about sexuality;
new text end
new text begin
(11) provide instruction and promote use of age-appropriate materials that provide
instruction in skills for making and implementing responsible decisions about finding and
using health services; and
new text end
new text begin
(12) provide instruction and promote use of age-appropriate materials that do not
teach or promote religious doctrine or reflect or promote bias against any person on the
basis of any category protected under the Minnesota Human Rights Act, chapter 363A.
new text end
Sec. 10.
Minnesota Statutes 2004, section 122A.09, subdivision 4, is amended to read:
Subd. 4.
License and rules.
(a) The board must adopt rules to license public school
teachers and interns subject to chapter 14.
(b) The board must adopt rules requiring a person to successfully complete a skills
examination in reading, writing, and mathematics as a requirement for initial teacher
licensure. Such rules must require college and universities offering a board-approved
teacher preparation program to provide remedial assistance to persons who did not
achieve a qualifying score on the skills examination, including those for whom English is
a second language.
(c) The board must adopt rules to approve teacher preparation programs. The board,
upon the request of a postsecondary student preparing for teacher licensure or a licensed
graduate of a teacher preparation program, shall assist in resolving a dispute between the
person and a postsecondary institution providing a teacher preparation program when the
dispute involves an institution's recommendation for licensure affecting the person or the
person's credentials. At the board's discretion, assistance may include the application
of chapter 14.
(d) The board must provide the leadership and shall adopt rules for the redesign of
teacher education programs to implement a research based, results-oriented curriculum that
focuses on the skills teachers need in order to be effective. The board shall implement new
systems of teacher preparation program evaluation to assure program effectiveness based
on proficiency of graduates in demonstrating attainment of program outcomes.new text begin The board
must require that persons enrolled in a teacher preparation program receive instruction
in historical and cultural competencies related to Minnesota American Indian tribes and
communities and their contributions to Minnesota, consistent with sections 124D.71 to
124D.82. The competencies related to Minnesota American Indian tribes and communities
must include, among other components, standards for instructional practices most effective
for successfully teaching elementary and secondary American Indian students.
new text end
(e) The board must adopt rules requiring successful completion of an examination
of general pedagogical knowledge and examinations of licensure-specific teaching
skills. The rules shall be effective on the dates determined by the board but not later
than September 1, 2001.
(f) The board must adopt rules requiring teacher educators to work directly with
elementary or secondary school teachers in elementary or secondary schools to obtain
periodic exposure to the elementary or secondary teaching environment.
(g) The board must grant licenses to interns and to candidates for initial licenses.
(h) The board must design and implement an assessment system which requires a
candidate for an initial license and first continuing license to demonstrate the abilities
necessary to perform selected, representative teaching tasks at appropriate levels.
(i) The board must receive recommendations from local committees as established
by the board for the renewal of teaching licenses.
(j) The board must grant life licenses to those who qualify according to requirements
established by the board, and suspend or revoke licenses pursuant to sections 122A.20 and
214.10. The board must not establish any expiration date for application for life licenses.
(k) The board must adopt rules that require all licensed teachers who are renewing
their continuing license to include in their renewal requirements further preparation in
the areas of using positive behavior interventions and in accommodating, modifying, and
adapting curricula, materials, and strategies to appropriately meet the needs of individual
students and ensure adequate progress toward the state's graduation rule.
(l) In adopting rules to license public school teachers who provide health-related
services for disabled children, the board shall adopt rules consistent with license or
registration requirements of the commissioner of health and the health-related boards who
license personnel who perform similar services outside of the school.
(m) The board must adopt rules that require all licensed teachers who are renewing
their continuing license to include in their renewal requirements further reading
preparation, consistent with section 122A.06, subdivision 4. The rules do not take effect
until they are approved by law. Teachers who do not provide direct instruction including, at
least, counselors, school psychologists, school nurses, school social workers, audiovisual
directors and coordinators, and recreation personnel are exempt from this section.
(n) The board must adopt rules that require all licensed teachers who are renewing
their continuing license to include in their renewal requirements further preparation
in understanding the key warning signs of early-onset mental illness in children and
adolescents.
new text begin
(o) The board must adopt rules to include instruction and other development
activities to improve the understanding and effective instruction of and communication
with Minnesota American Indian tribes and communities, consistent with paragraph (d)
and sections 124D.71 to 124D.82, in the 125 clock hours of professional development that
teachers must complete to renew their professional teaching license.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for the 2006-2007 school year and
later.
new text end
Sec. 11.
Minnesota Statutes 2004, section 122A.18, subdivision 2, is amended to read:
Subd. 2.
Teacher and support personnel qualifications.
(a) The Board of
Teaching must issue licenses under its jurisdiction to persons the board finds to be
qualified and competent for their respective positions.
(b) The board must require a person to successfully complete an examination of
skills in reading, writing, and mathematics before being granted an initial teaching license
to provide direct instruction to pupils in prekindergarten, elementary, secondary, or special
education programs. The board must require colleges and universities offering a board
approved teacher preparation program to provide remedial assistance that includes a
formal diagnostic component to persons enrolled in their institution who did not achieve a
qualifying score on the skills examination, including those for whom English is a second
language. The colleges and universities must provide assistance in the specific academic
areas of deficiency in which the person did not achieve a qualifying score. School
districts must provide similar, appropriate, and timely remedial assistance that includes a
formal diagnostic component and mentoring to those persons employed by the district
who completed their teacher education program outside the state of Minnesota, received
a one-year license to teach in Minnesota and did not achieve a qualifying score on the
skills examination, including those persons for whom English is a second language. The
Board of Teaching shall report annually to the education committees of the legislature
on the total number of teacher candidates during the most recent school year taking the
skills examination, the number who achieve a qualifying score on the examination, the
number who do not achieve a qualifying score on the examination, the distribution of all
candidates' scores, the number of candidates who have taken the examination at least once
before, and the number of candidates who have taken the examination at least once before
and achieve a qualifying score.
(c) A person who has completed an approved teacher preparation program and
obtained a one-year license to teach, but has not successfully completed the skills
examination, may renew the one-year license for two additional one-year periods. Each
renewal of the one-year license is contingent upon the licensee:
(1) providing evidence of participating in an approved remedial assistance program
provided by a school district or postsecondary institution that includes a formal diagnostic
component in the specific areas in which the licensee did not obtain qualifying scores; and
(2) attempting to successfully complete the skills examination during the period
of each one-year license.
(d) The Board of Teaching must grant continuing licenses only to those persons who
have met board criteria for granting a continuing license, which includes successfully
completing the skills examination in reading, writing, and mathematics.
(e) All colleges and universities approved by the board of teaching to prepare persons
for teacher licensure must include in their teacher preparation programs a common core
of teaching knowledge and skills to be acquired by all persons recommended for teacher
licensure. This common core shall meet the standards developed by the interstate new
teacher assessment and support consortium in its 1992 "model standards for beginning
teacher licensing and developmentdeleted text begin .deleted text end new text begin ,new text end " new text begin and must include technology and information
literacy standards that are consistent with recommendations from media specialists and
the department's Educator Licensing and Teacher Quality Division. The board must
develop and implement a system for reviewing on a seven-year cycle all standards of
effective practice for teachers beginning in the 2007-2008 school year. new text end Amendments to
standards adopted under this paragraph are covered by chapter 14. The board of teaching
shall report annually to the education committees of the legislature on the performance
of teacher candidates on common core assessments of knowledge and skills under this
paragraph during the most recent school year.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 12.
Minnesota Statutes 2004, section 122A.31, subdivision 1, is amended to read:
Subdivision 1.
Requirements for American sign language/English interpreters.
(a) new text begin Except as provided under subdivision 1a and new text end in addition to any other requirements
that a school district establishes, any person employed to provide American sign
language/English interpreting or sign transliterating services on a full-time or part-time
basis for a school district after July 1, 2000, must:
(1) hold current interpreter and transliterator certificates awarded by the Registry
of Interpreters for the Deaf (RID), or the general level interpreter proficiency certificate
awarded by the National Association of the Deaf (NAD), or a comparable state
certification from the commissioner of education; and
(2) satisfactorily complete an interpreter/transliterator training program affiliated
with an accredited educational institution.
(b) New graduates of an interpreter/transliterator program affiliated with an
accredited education institution shall be granted a two-year provisional certificate by
the commissioner. During the two-year provisional period, the interpreter/transliterator
must develop and implement an education plan in collaboration with a mentor under
paragraph (c).
(c) A mentor of a provisionally certified interpreter/transliterator must be an
interpreter/transliterator who has either NAD level IV or V certification or RID
certified interpreter and certified transliterator certification and have at least three
years interpreting/transliterating experience in any educational setting. The mentor, in
collaboration with the provisionally certified interpreter/transliterator, shall develop and
implement an education plan designed to meet the requirements of paragraph (a), clause
(1), and include a weekly on-site mentoring process.
(d) Consistent with the requirements of this paragraph, a person holding a
provisional certificate may apply to the commissioner for one time-limited extension. The
commissioner, in consultation with the Commission Serving Deaf and Hard-of-Hearing
People, must grant the person a time-limited extension of the provisional certificate based
on the following documentation:
(1) letters of support from the person's mentor, a parent of a pupil the person serves,
the special education director of the district in which the person is employed, and a
representative from the regional service center of the deaf and hard-of-hearing;
(2) records of the person's formal education, training, experience, and progress on
the person's education plan; and
(3) an explanation of why the extension is needed.
As a condition of receiving the extension, the person must comply with a plan
and the accompanying time line for meeting the requirements of this subdivision. A
committee composed of the director of the Minnesota Resource Center Serving Deaf and
Hard-of-Hearing, or the director's designee, a representative of the Minnesota Association
of Deaf Citizens, a representative of the Minnesota Registry of Interpreters of the Deaf,
and other appropriate persons selected by the commissioner must develop the plan and
time line for the person receiving the extension.
(e) A school district may employ deleted text begin onlydeleted text end an interpreter/transliterator who has been
certified under paragraph (a) or (b), or for whom a time-limited extension has been
granted under paragraph (d)new text begin , or a person qualified as an interpreter/transliterator under
subdivision 1anew text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for the 2006-2007 school year and
later.
new text end
Sec. 13.
Minnesota Statutes 2004, section 122A.31, is amended by adding a
subdivision to read:
new text begin Subd. 1a. new text end
new text begin Qualified deaf and hard-of-hearing interpreters/transliterators. new text end
new text begin
In
addition to employing a qualified interpreter/transliterator under subdivision 1, a school
district or charter school also may employ as an interpreter/transliterator a person who is
deaf or hard-of-hearing and holds a current reverse skills certificate (RSC) or a certified
deaf interpreter (CDI) certificate awarded by the Registry of Interpreters for the Deaf
(RID). The qualified deaf or hard-of-hearing person must be able to interpret between
American sign language and English-based sign language or transliterate between spoken
English and a signed code for English. The district or charter school may employ a
qualified person under this subdivision for a broad range of interpreting or transliterating
assignments.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for the 2006-2007 school year and
later.
new text end
Sec. 14.
Minnesota Statutes 2005 Supplement, section 122A.414, subdivision 2b,
is amended to read:
Subd. 2b.
Approval process.
(a) Consistent with the requirements of this section
and sections 122A.413 and 122A.415, the department must prepare and transmit to
interested school districts, intermediate school districts, school sites, and charter schools
a standard form for applying to participate in the alternative teacher professional pay
system. An interested school district, intermediate school district, school site, or charter
school must submit to the commissioner a completed application executed by the district
superintendent and the exclusive bargaining representative of the teachers if the applicant
is a school district, intermediate school district, or school site, or executed by the charter
school board of directors if the applicant is a charter school. The application must include
the proposed alternative teacher professional pay system agreement under subdivision
2. The department must convene a review committee that at least includes teachers and
administrators within 30 days of receiving a completed application to recommend to
the commissioner whether to approve or disapprove the application. The commissioner
must approve applications on a first-come, first-served basis. The applicant's alternative
teacher professional pay system agreement must be legally binding on the applicant
and the collective bargaining representative before the applicant receives alternative
compensation revenue. The commissioner must approve or disapprove an application
based new text begin solely new text end on the new text begin explicit new text end requirements under subdivisions 2 and 2anew text begin and may not impose
any other conditions for approvalnew text end .
(b) If the commissioner disapproves an application, the commissioner must give the
applicant timely notice of the specific reasons in detail for disapproving the application.
The applicant may revise and resubmit its application and related documents to the
commissioner within 30 days of receiving notice of the commissioner's disapproval and
the commissioner must approve or disapprove the revised application, consistent with this
subdivision. Applications that are revised and then approved are considered submitted on
the date the applicant initially submitted the application.
Sec. 15.
Minnesota Statutes 2005 Supplement, section 122A.414, subdivision 3,
is amended to read:
Subd. 3.
Report; continued funding.
(a) Participating districts, intermediate
school districts, school sites, and charter schools must report on the implementation and
effectiveness of the alternative teacher professional pay system, particularly addressing
each requirement under subdivision 2 and make annual recommendations by June 15 to
their school boards. The school board or board of directors shall transmit a copy of the
report with a summary of the findings and recommendations of the district, intermediate
school district, school site, or charter school to the commissioner.
(b) If the commissioner determines that a school district, intermediate school district,
school site, or charter school that receives alternative teacher compensation revenue is not
complying with the requirements of this section, the commissioner may withhold funding
from that participant. Before making the determination, the commissioner must notify the
participant of any deficiencies and provide the participant an opportunity to comply.
new text begin
(c) The commissioner's review and evaluation of an alternative teacher professional
pay system must be judged relative to the participant's approved plan and may not impose
any criteria other than are contained in the plan or the explicit requirements of this section.
new text end
Sec. 16.
new text begin
[122A.416] ALTERNATIVE TEACHER COMPENSATION REVENUE
FOR PERPICH CENTER FOR ARTS EDUCATION AND MULTIDISTRICT
INTEGRATION COLLABORATIVES.
new text end
new text begin
Notwithstanding sections 122A.413, 122A.414, 122A.415, and 126C.10,
multidistrict integration collaboratives and the Perpich Center for Arts Education are
eligible to receive alternative teacher compensation revenue as if they were intermediate
school districts. To qualify for alternative teacher compensation revenue, a multidistrict
integration collaborative or the Perpich Center for Arts Education must meet all of the
requirements of sections 122A.413, 122A.414, and 122A.415 that apply to intermediate
school districts, must report its enrollment as of October 1 of each year to the department,
and must annually report its expenditures for the alternative teacher professional pay
system consistent with the uniform financial accounting and reporting standards to the
department by November 30 of each year.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for revenue for fiscal year 2007.
new text end
Sec. 17.
Minnesota Statutes 2004, section 123B.77, subdivision 3, is amended to read:
Subd. 3.
Statement for comparison and correction.
new text begin (a) new text end By November 30 of the
calendar year of the submission of the unaudited financial data, the district must provide to
the commissioner audited financial data for the preceding fiscal year. The audit must be
conducted in compliance with generally accepted governmental auditing standards, the
federal Single Audit Act, and the Minnesota legal compliance guide issued by the Office
of the State Auditor. An audited financial statement prepared in a form which will allow
comparison with and correction of material differences in the unaudited financial data
shall be submitted to the commissioner and the state auditor by December 31. The audited
financial statement must also provide a statement of assurance pertaining to uniform
financial accounting and reporting standards compliance and a copy of the management
letter submitted to the district by the school district's auditor.
new text begin
(b) By January 15 of the calendar year following the submission of the unaudited
financial data, the commissioner shall convert the audited financial data required by this
subdivision into the consolidated financial statement format required under subdivision 1a
and publish the information on the department's Web site.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for financial statements prepared in
2006 and later.
new text end
Sec. 18.
Minnesota Statutes 2004, section 123B.90, subdivision 2, is amended to read:
Subd. 2.
Student training.
(a) Each district must provide public school pupils
enrolled in kindergarten through grade 10 with age-appropriate school bus safety training,
as described in this section, of the following concepts:
(1) transportation by school bus is a privilege and not a right;
(2) district policies for student conduct and school bus safety;
(3) appropriate conduct while on the school bus;
(4) the danger zones surrounding a school bus;
(5) procedures for safely boarding and leaving a school bus;
(6) procedures for safe street or road crossing; and
(7) school bus evacuation.
(b) Each nonpublic school located within the district must provide all nonpublic
school pupils enrolled in kindergarten through grade 10 who are transported by school
bus at public expense and attend school within the district's boundaries with training as
required in paragraph (a).
(c) Students enrolled in kindergarten through grade 6 who are transported by school
bus and are enrolled during the first or second week of school must receive the school bus
safety training competencies by the end of the third week of school. Students enrolled in
grades 7 through 10 who are transported by school bus and are enrolled during the first or
second week of school and have not previously received school bus safety training must
receive the training or receive bus safety instructional materials by the end of the sixth
week of school. Students deleted text begin taking driver's training instructional classes and other studentsdeleted text end in
deleted text begin grades 9 anddeleted text end new text begin grade 9 ornew text end 10 must receive training in the laws and proper procedures when
operating a motor vehicle in the vicinity of a school bus. Students enrolled in kindergarten
through grade 10 who enroll in a school after the second week of school and are
transported by school bus and have not received training in their previous school district
shall undergo school bus safety training or receive bus safety instructional materials
within four weeks of the first day of attendance. new text begin Upon request of the superintendent
of schools, new text end the school transportation safety director in each district must certify to the
superintendent deleted text begin of schools annuallydeleted text end that all students transported by school bus within
the district have received the school bus safety training according to this section. new text begin Upon
request of the superintendent of the school district where the nonpublic school is located,
new text end the principal or other chief administrator of each nonpublic school must certify deleted text begin annuallydeleted text end to
the school transportation safety director of the district in which the school is located that
the school's students transported by school bus at public expense have received training
according to this section.
(d) A district and a nonpublic school with students transported by school bus at
public expense may provide kindergarten pupils with bus safety training before the first
day of school.
(e) A district and a nonpublic school with students transported by school bus at
public expense may also provide student safety education for bicycling and pedestrian
safety, for students enrolled in kindergarten through grade 5.
(f) A district and a nonpublic school with students transported by school bus at
public expense must make reasonable accommodations for the school bus safety training
of pupils known to speak English as a second language and pupils with disabilities.
(g) The district and a nonpublic school with students transported by school bus at
public expense must provide students enrolled in kindergarten through grade 3 school bus
safety training twice during the school year.
(h) A district and a nonpublic school with students transported by school bus at public
expense must conduct a school bus evacuation drill at least once during the school year.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 19.
Minnesota Statutes 2004, section 123B.91, is amended by adding a
subdivision to read:
new text begin Subd. 1a. new text end
new text begin Compliance by nonpublic and charter school students. new text end
new text begin
A nonpublic or
charter school student transported by a public school district shall comply with student bus
conduct and student bus discipline policies of the transporting public school district.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 20.
Minnesota Statutes 2005 Supplement, section 123B.92, subdivision 1, is
amended to read:
Subdivision 1.
Definitions.
For purposes of this section and section 125A.76, the
terms defined in this subdivision have the meanings given to them.
(a) "Actual expenditure per pupil transported in the regular and excess transportation
categories" means the quotient obtained by dividing:
(1) the sum of:
(i) all expenditures for transportation in the regular category, as defined in paragraph
(b), clause (1), and the excess category, as defined in paragraph (b), clause (2), plus
(ii) an amount equal to one year's depreciation on the district's school bus fleet
and mobile units computed on a straight line basis at the rate of 15 percent per year for
districts operating a program under section 124D.128 for grades 1 to 12 for all students in
the district and 12-1/2 percent per year for other districts of the cost of the fleet, plus
(iii) an amount equal to one year's depreciation on the district's type three school
buses, as defined in section 169.01, subdivision 6, clause (5), which must be used a
majority of the time for pupil transportation purposes, computed on a straight line basis at
the rate of 20 percent per year of the cost of the type three school buses by:
(2) the number of pupils eligible for transportation in the regular category, as defined
in paragraph (b), clause (1), and the excess category, as defined in paragraph (b), clause (2).
(b) "Transportation category" means a category of transportation service provided to
pupils as follows:
(1) Regular transportation is:
(i) transportation to and from school during the regular school year for resident
elementary pupils residing one mile or more from the public or nonpublic school they
attend, and resident secondary pupils residing two miles or more from the public
or nonpublic school they attend, excluding desegregation transportation and noon
kindergarten transportation; but with respect to transportation of pupils to and from
nonpublic schools, only to the extent permitted by sections 123B.84 to 123B.87;
(ii) transportation of resident pupils to and from language immersion programs;
(iii) transportation of a pupil who is a custodial parent and that pupil's child between
the pupil's home and the child care provider and between the provider and the school, if
the home and provider are within the attendance area of the school;
(iv) transportation to and from or board and lodging in another district, of resident
pupils of a district without a secondary school; and
(v) transportation to and from school during the regular school year required under
subdivision 3 for nonresident elementary pupils when the distance from the attendance
area border to the public school is one mile or more, and for nonresident secondary pupils
when the distance from the attendance area border to the public school is two miles or
more, excluding desegregation transportation and noon kindergarten transportation.
For the purposes of this paragraph, a district may designate a licensed day care
facility, new text begin school day care facility, new text end respite care facility, the residence of a relative, or the
residence of a person chosen by the pupil's parent or guardian as the home of a pupil for
part or all of the day, if requested by the pupil's parent or guardian, and if that facility or
residence is within the attendance area of the school the pupil attends.
(2) Excess transportation is:
(i) transportation to and from school during the regular school year for resident
secondary pupils residing at least one mile but less than two miles from the public or
nonpublic school they attend, and transportation to and from school for resident pupils
residing less than one mile from school who are transported because of extraordinary
traffic, drug, or crime hazards; and
(ii) transportation to and from school during the regular school year required under
subdivision 3 for nonresident secondary pupils when the distance from the attendance area
border to the school is at least one mile but less than two miles from the public school
they attend, and for nonresident pupils when the distance from the attendance area border
to the school is less than one mile from the school and who are transported because of
extraordinary traffic, drug, or crime hazards.
(3) Desegregation transportation is transportation within and outside of the district
during the regular school year of pupils to and from schools located outside their normal
attendance areas under a plan for desegregation mandated by the commissioner or under
court order.
(4) "Transportation services for pupils with disabilities" is:
(i) transportation of pupils with disabilities who cannot be transported on a regular
school bus between home or a respite care facility and school;
(ii) necessary transportation of pupils with disabilities from home or from school to
other buildings, including centers such as developmental achievement centers, hospitals,
and treatment centers where special instruction or services required by sections 125A.03
to 125A.24, 125A.26 to 125A.48, and 125A.65 are provided, within or outside the district
where services are provided;
(iii) necessary transportation for resident pupils with disabilities required by sections
125A.12, and 125A.26 to 125A.48;
(iv) board and lodging for pupils with disabilities in a district maintaining special
classes;
(v) transportation from one educational facility to another within the district for
resident pupils enrolled on a shared-time basis in educational programs, and necessary
transportation required by sections 125A.18, and 125A.26 to 125A.48, for resident pupils
with disabilities who are provided special instruction and services on a shared-time basis
or if resident pupils are not transported, the costs of necessary travel between public
and private schools or neutral instructional sites by essential personnel employed by the
district's program for children with a disability;
(vi) transportation for resident pupils with disabilities to and from board and lodging
facilities when the pupil is boarded and lodged for educational purposes; and
(vii) services described in clauses (i) to (vi), when provided for pupils with
disabilities in conjunction with a summer instructional program that relates to the pupil's
individual education plan or in conjunction with a learning year program established
under section 124D.128.
For purposes of computing special education base revenue under section 125A.76,
subdivision 2, the cost of providing transportation for children with disabilities includes
(A) the additional cost of transporting a homeless student from a temporary nonshelter
home in another district to the school of origin, or a formerly homeless student from a
permanent home in another district to the school of origin but only through the end of the
academic year; and (B) depreciation on district-owned school buses purchased after July 1,
2005, and used primarily for transportation of pupils with disabilities, calculated according
to paragraph (a), clauses (ii) and (iii). Depreciation costs included in the disabled
transportation category must be excluded in calculating the actual expenditure per pupil
transported in the regular and excess transportation categories according to paragraph (a).
(5) "Nonpublic nonregular transportation" is:
(i) transportation from one educational facility to another within the district for
resident pupils enrolled on a shared-time basis in educational programs, excluding
transportation for nonpublic pupils with disabilities under clause (4);
(ii) transportation within district boundaries between a nonpublic school and a
public school or a neutral site for nonpublic school pupils who are provided pupil support
services pursuant to section 123B.44; and
(iii) late transportation home from school or between schools within a district for
nonpublic school pupils involved in after-school activities.
(c) "Mobile unit" means a vehicle or trailer designed to provide facilities for
educational programs and services, including diagnostic testing, guidance and counseling
services, and health services. A mobile unit located off nonpublic school premises is a
neutral site as defined in section 123B.41, subdivision 13.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 21.
Minnesota Statutes 2005 Supplement, section 123B.92, subdivision 5, is
amended to read:
Subd. 5.
District reports.
(a) Each district must report data to the department as
required by the department to account for transportation expenditures.
(b) Salaries and fringe benefits of district employees whose primary duties are
other than transportation, including central office administrators and staff, building
administrators and staff, teachers, social workers, school nurses, and instructional aides,
must not be included in a district's transportation expenditures, except that a district may
include salaries and benefits according to paragraph (c) for (1) an employee designated
as the district transportation director, (2) an employee providing direct support to the
transportation director, or (3) an employee providing direct transportation services such as
a bus driver or bus aide.
(c) Salaries and fringe benefits of deleted text begin otherdeleted text end new text begin thenew text end district employees new text begin listed in paragraph
(b), clauses (1), (2), and (3), new text end who work part time in transportation and part time in other
areas must not be included in a district's transportation expenditures unless the district
maintains documentation of the employee's time spent on pupil transportation matters in
the form and manner prescribed by the department.
(d) Pupil transportation expenditures, excluding expenditures for capital outlay,
leased buses, student board and lodging, crossing guards, and aides on buses, must
be allocated among transportation categories based on cost-per-mile, cost-per-student,
cost-per-hour, or cost-per-route, regardless of whether the transportation services are
provided on district-owned or contractor-owned school buses. Expenditures for school
bus driver salaries and fringe benefits may either be directly charged to the appropriate
transportation category or may be allocated among transportation categories based
on cost-per-mile, cost-per-student, cost-per-hour, or cost-per-route. Expenditures
by private contractors or individuals who provide transportation exclusively in one
transportation category must be charged directly to the appropriate transportation category.
Transportation services provided by contractor-owned school bus companies incorporated
under different names but owned by the same individual or group of individuals must be
treated as the same company for cost allocation purposes.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for fiscal year 2006.
new text end
Sec. 22.
Minnesota Statutes 2004, section 124D.095, subdivision 3, is amended to read:
Subd. 3.
Authorization; notice; limitations on enrollment.
(a) A student may
apply to an on-line learning provider to enroll in on-line learning. A student age 17 or
younger must have the written consent of a parent or guardian to apply. No school district
or charter school may prohibit a student from applying to enroll in on-line learning. An
on-line learning provider that accepts a student under this section must, within ten days,
notify the student and the enrolling district if the enrolling district is not the on-line
learning provider. The notice must report the student's course or program and hours
of instruction.
(b) An on-line learning student must notify the enrolling district at least deleted text begin 30deleted text end new text begin 45new text end
days before taking an on-line learning course or program deleted text begin if the enrolling district is not
providing the on-line learningdeleted text end . An on-line learning provider must notify the commissioner
that it is delivering on-line learning and report the number of on-line learning students it is
accepting and the on-line learning courses and programs it is delivering.
(c) An on-line learning provider may limit enrollment if the provider's school board
or board of directors adopts by resolution specific standards for accepting and rejecting
students' applications.
(d) An enrolling district may reduce an on-line learning student's regular classroom
instructional membership in proportion to the student's membership in on-line learning
courses.
Sec. 23.
Minnesota Statutes 2005 Supplement, section 124D.095, subdivision 4,
is amended to read:
Subd. 4.
Online learning parameters.
(a) An online learning student must receive
academic credit for completing the requirements of an online learning course or program.
Secondary credits granted to an online learning student must be counted toward the
graduation and credit requirements of the enrolling district. The enrolling district must
apply the same graduation requirements to all students, including online learning students,
and must continue to provide nonacademic services to online learning students. If a
student completes an online learning course or program that meets or exceeds a graduation
standard or grade progression requirement at the enrolling district, that standard or
requirement is met. The enrolling district must use the same criteria for accepting online
learning credits or courses as it does for accepting credits or courses for transfer students
under section 124D.03, subdivision 9. The enrolling district may reduce the teacher
contact time of an online learning student in proportion to the number of online learning
courses the student takes from an online learning provider that is not the enrolling district.
(b) An online learning student may:
(1) enroll during a single school year in a maximum of 12 semester-long courses or
their equivalent delivered by an online learning provider or the enrolling district;
(2) complete course work at a grade level that is different from the student's current
grade level; and
(3) enroll in additional courses with the online learning provider under a separate
agreement that includes terms for payment of any tuition or course fees.
deleted text begin
(c) A student with a disability may enroll in an online learning course or program
if the student's IEP team determines that online learning is appropriate education for
the student.
deleted text end
deleted text begin (d)deleted text end new text begin (c) new text end An online learning student has the same access to the computer hardware
and education software available in a school as all other students in the enrolling district.
An online learning provider must assist an online learning student whose family qualifies
for the education tax credit under section 290.0674 to acquire computer hardware and
educational software for online learning purposes.
deleted text begin (e)deleted text end new text begin (d) new text end An enrolling district may offer online learning to its enrolled students.
Such online learning does not generate online learning funds under this section. An
enrolling district that offers online learning only to its enrolled students is not subject
to the reporting requirements or review criteria under subdivision 7. A teacher with a
Minnesota license must assemble and deliver instruction to enrolled students receiving
online learning from an enrolling district. The delivery of instruction occurs when the
student interacts with the computer or the teacher and receives ongoing assistance and
assessment of learning. The instruction may include curriculum developed by persons
other than a teacher with a Minnesota license.
deleted text begin (f)deleted text end new text begin (e) new text end An online learning provider that is not the enrolling district is subject to
the reporting requirements and review criteria under subdivision 7. A teacher with a
Minnesota license must assemble and deliver instruction to online learning students. The
delivery of instruction occurs when the student interacts with the computer or the teacher
and receives ongoing assistance and assessment of learning. The instruction may include
curriculum developed by persons other than a teacher with a Minnesota license. Unless
the commissioner grants a waiver, a teacher providing online learning instruction must not
instruct more than 40 students in any one online learning course or program.
Sec. 24.
Minnesota Statutes 2004, section 124D.096, is amended to read:
124D.096 ON-LINE LEARNING AID.
(a) The on-line learning aid for an on-line learning provider equals the product
of the adjusted on-line learning average daily membership for students under section
124D.095, subdivision 8, paragraph (d), times the student grade level weighting under
section 126C.05, subdivision 1, times the formula allowance.
(b) Notwithstanding section 127A.45, the department must pay each on-line learning
provider deleted text begin 80 percent ofdeleted text end new text begin the current year aid payment percentage multiplied bynew text end the amount
in paragraph (a) within 45 days of receiving final enrollment and course completion
information each quarter or semester. deleted text begin A final payment equal to 20 percent of the amount in
paragraph (a)deleted text end new text begin The final adjustment payment must be the amount of the actual entitlement,
after adjustment for actual data, minus the payments made during the fiscal year of the
entitlement. This paymentnew text end must be made on September 30 of the next fiscal year.
Sec. 25.
Minnesota Statutes 2004, section 124D.10, subdivision 16, is amended to read:
Subd. 16.
Transportation.
(a) deleted text begin By July 1 of eachdeleted text end deleted text begin year, a charter schooldeleted text end new text begin A charter
school after its first fiscal year of operation by March 1 of each fiscal year and a charter
school by July 1 of its first fiscal year of operationnew text end must notify the district in which the
school is located and the Department of Education if it will provide deleted text begin transportation for
pupils enrolled in the schooldeleted text end new text begin its own transportation or use the transportation services of the
district in which it is locatednew text end for the fiscal year.
(b) If a charter school elects to provide transportation for pupils, the transportation
must be provided by the charter school within the district in which the charter school is
located. The state must pay transportation aid to the charter school according to section
124D.11, subdivision 2.
For pupils who reside outside the district in which the charter school is located, the
charter school is not required to provide or pay for transportation between the pupil's
residence and the border of the district in which the charter school is located. A parent
may be reimbursed by the charter school for costs of transportation from the pupil's
residence to the border of the district in which the charter school is located if the pupil is
from a family whose income is at or below the poverty level, as determined by the federal
government. The reimbursement may not exceed the pupil's actual cost of transportation
or 15 cents per mile traveled, whichever is less. Reimbursement may not be paid for
more than 250 miles per week.
At the time a pupil enrolls in a charter school, the charter school must provide the
parent or guardian with information regarding the transportation.
(c) If a charter school does not elect to provide transportation, transportation for
pupils enrolled at the school must be provided by the district in which the school is
located, according to sections 123B.88, subdivision 6, and 124D.03, subdivision 8, for a
pupil residing in the same district in which the charter school is located. Transportation
may be provided by the district in which the school is located, according to sections
123B.88, subdivision 6, and 124D.03, subdivision 8, for a pupil residing in a different
district. If the district provides the transportation, the scheduling of routes, manner and
method of transportation, control and discipline of the pupils, and any other matter relating
to the transportation of pupils under this paragraph shall be within the sole discretion,
control, and management of the district.
Sec. 26.
Minnesota Statutes 2004, section 124D.11, subdivision 9, is amended to read:
Subd. 9.
Payment of aids to charter schools.
(a) Notwithstanding section 127A.45,
subdivision 3, aid payments for the current fiscal year to a charter school not in its first
year of operation shall be of an equal amount on each of the 23 payment dates. A charter
school in its first year of operation shall receive, on its first payment date, ten percent of its
cumulative amount guaranteed for the year and 22 payments of an equal amount thereafter
the sum of which shall deleted text begin be 90 percent ofdeleted text end new text begin equal the current year aid payment percentage
multiplied bynew text end the cumulative amount guaranteed.
(b) Notwithstanding paragraph (a), for a charter school ceasing operation prior to the
end of a school year, deleted text begin 80 percent ofdeleted text end new text begin the current year aid payment percentage multiplied by
new text end the amount due for the school year may be paid to the school after audit of prior fiscal year
and current fiscal year pupil counts.new text begin For a charter school ceasing operations prior to, or at
the end of, a school year, notwithstanding section 127A.45, subdivision 3, preliminary
final payments may be made after audit of pupil counts, monitoring of special education
expenditures, and documentation of lease expenditures for the final year of operation.
Final payment may be made upon receipt of audited financial statements under section
123B.77, subdivision 3.
new text end
(c) Notwithstanding section 127A.45, subdivision 3, and paragraph (a), 80 percent
of the start-up cost aid under subdivision 8 shall be paid within 45 days after the first day
of student attendance for that school year.
(d) In order to receive state aid payments under this subdivision, a charter school in
its first three years of operation must submit a school calendar in the form and manner
requested by the department and a quarterly report to the Department of Education. The
report must list each student by grade, show the student's start and end dates, if any,
with the charter school, and for any student participating in a learning year program,
the report must list the hours and times of learning year activities. The report must be
submitted not more than two weeks after the end of the calendar quarter to the department.
The department must develop a Web-based reporting form for charter schools to use
when submitting enrollment reports. A charter school in its fourth and subsequent year of
operation must submit a school calendar and enrollment information to the department in
the form and manner requested by the department.
new text begin
(e) Notwithstanding sections 317A.701 to 317A.791, upon closure of a charter
school and satisfaction of creditors, cash and investment balances remaining shall be
returned to the state.
new text end
Sec. 27.
Minnesota Statutes 2004, section 124D.61, is amended to read:
124D.61 GENERAL REQUIREMENTS FOR PROGRAMS.
A district deleted text begin which receives aid pursuant to section 124D.65 must comply withdeleted text end new text begin that
enrolls one or more children of limited English proficiency must implement an educational
program that includes at a minimumnew text end the following deleted text begin programdeleted text end requirements:
(1) new text begin identification and reclassification criteria for children of limited English
proficiency and program entrance and exit criteria for children with limited English
proficiency must be documented by the district, applied uniformly to children of limited
English proficiency, and made available to parents and other stakeholders upon request;
new text end
new text begin
(2) a written plan of services that describes programming by English proficiency
level made available to parents upon request. The plan must articulate the amount and
scope of service offered to children of limited English proficiency through an educational
program for children of limited English proficiency;
new text end
new text begin
(3) professional development opportunities for ESL, bilingual education,
mainstream, and all staff working with children of limited English proficiency which are:
(i) coordinated with the district's professional development activities; (ii) related to the
needs of children of limited English proficiency; and (iii) ongoing;
new text end
new text begin (4) new text end to the extent possible, deleted text begin the district mustdeleted text end avoid isolating children of limited English
proficiency for a substantial part of the school day; and
deleted text begin (2)deleted text end new text begin (5)new text end in predominantly nonverbal subjects, such as art, music, and physical
education, new text begin permit new text end pupils of limited English proficiency deleted text begin shall be permitteddeleted text end to participate
fully and on an equal basis with their contemporaries in public school classes provided
for these subjects. To the extent possible, the district must assure to pupils enrolled in a
program for limited English proficient students an equal and meaningful opportunity to
participate fully with other pupils in all extracurricular activities.
Sec. 28.
Minnesota Statutes 2004, section 125A.02, subdivision 1, is amended to read:
Subdivision 1.
Child with a disability.
Every child who has a hearing impairment,
new text begin blindness, new text end visual disability, speech or language impairment, physical handicap, other
health impairment, mental handicap, emotional/behavioral disorder, specific learning
disability, autism, traumatic brain injury, multiple disabilities, or deaf/blind disability and
needs special instruction and services, as determined by the standards of the commissioner,
is a child with a disability. In addition, every child under age three, and at local district
discretion from age three to age seven, who needs special instruction and services, as
determined by the standards of the commissioner, because the child has a substantial delay
or has an identifiable physical or mental condition known to hinder normal development is
a child with a disability.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 29.
Minnesota Statutes 2004, section 125A.75, is amended by adding a
subdivision to read:
new text begin Subd. 9. new text end
new text begin Litigation costs; annual report. new text end
new text begin
(a) By November 30 of each year,
a school district must annually report the district's special education litigation costs,
including attorney fees and costs of due process hearings, to the commissioner of
education, consistent with the Uniform Financial Accounting and Reporting Standards.
new text end
new text begin
(b) By January 15 of each year, the commissioner shall report school district special
education litigation costs to the house of representatives and the senate committees having
jurisdiction over kindergarten through grade 12 education finance.
new text end
Sec. 30.
Minnesota Statutes 2004, section 169.01, subdivision 6, is amended to read:
Subd. 6.
School bus.
"School bus" means a motor vehicle used to transport pupils
to or from a school defined in section 120A.22, or to or from school-related activities, by
the school or a school district, or by someone under an agreement with the school or a
school district. A school bus does not include a motor vehicle transporting children to or
from school for which parents or guardians receive direct compensation from a school
district, a motor coach operating under charter carrier authority, a transit bus providing
services as defined in section 174.22, subdivision 7, a multifunction school activity bus
as defined by federal motor vehicle safety standards, or a vehicle otherwise qualifying
as a type III vehicle under paragraph (5), when the vehicle is properly registered and
insured and being driven by an employee or agent of a school district for nonscheduled
or nonregular transportation. A school bus may be type A, type B, type C, or type D, or
type III as follows:
(1) A "type A school bus" is a deleted text begin vandeleted text end conversion deleted text begin ordeleted text end bus constructed utilizing a cutaway
front section vehicle with a left-side driver's door. deleted text begin The entrance door is behind the front
wheels.deleted text end This definition includes two classifications: type A-I, with a gross vehicle weight
rating (GVWR) deleted text begin less than or equal to 10,000deleted text end new text begin 14,500new text end poundsnew text begin or lessnew text end ; and type A-II, with a
GVWR greater than deleted text begin 10,000deleted text end new text begin 14,500new text end poundsnew text begin and less than or equal to 21,500 poundsnew text end .
(2) A "type B school bus" is constructed utilizing a stripped chassis. The entrance
door is behind the front wheels. This definition includes two classifications: type B-I,
with a GVWR less than or equal to 10,000 pounds; and type B-II, with a GVWR greater
than 10,000 pounds.
(3) A "type C school bus" is constructed utilizing a chassis with a hood and front
fender assembly. The entrance door is behind the front wheels.new text begin A "type C school bus" also
includes a cutaway truck chassis or truck chassis with cab with or without a left side door
and with a GVWR greater than 21,500 pounds.
new text end
(4) A "type D school bus" is constructed utilizing a stripped chassis. The entrance
door is ahead of the front wheels.
(5) Type III school buses and type III Head Start buses are restricted to passenger
cars, station wagons, vans, and buses having a maximum manufacturer's rated seating
capacity of ten or fewer people, including the driver, and a gross vehicle weight rating of
10,000 pounds or less. In this subdivision, "gross vehicle weight rating" means the value
specified by the manufacturer as the loaded weight of a single vehicle. A "type III school
bus" and "type III Head Start bus" must not be outwardly equipped and identified as a type
A, B, C, or D school bus or type A, B, C, or D Head Start bus. A van or bus converted to a
seating capacity of ten or fewer and placed in service on or after August 1, 1999, must
have been originally manufactured to comply with the passenger safety standards.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2007.
new text end
Sec. 31.
Minnesota Statutes 2004, section 169.447, subdivision 2, is amended to read:
Subd. 2.
Driver seat belt.
deleted text begin Newdeleted text end School buses and Head Start buses manufactured
after December 31, 1994, must be equipped with driver seat belts and seat belt assemblies
of the type described in section 169.685, subdivision 3. School bus drivers and Head
Start bus drivers must use these seat belts.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 32.
Minnesota Statutes 2004, section 169.4501, subdivision 1, is amended to read:
Subdivision 1.
National standards adopted.
Except as provided in sections
169.4502 and 169.4503, the construction, design, equipment, and color of types A,
B, C, and D school buses used for the transportation of school children shall meet the
requirements of the "bus chassis standards" and "bus body standards" in the deleted text begin 2000deleted text end new text begin 2005new text end
edition of the "National School Transportation Specifications and Procedures" adopted
by the National deleted text begin Conferencedeleted text end new text begin Congressnew text end on School Transportation. Except as provided
in section 169.4504, the construction, design, and equipment of types A, B, C, and D
school buses used for the transportation of students with disabilities also shall meet the
requirements of the "specially equipped school bus standards" in the deleted text begin 2000deleted text end new text begin 2005new text end National
School Transportation Specifications and Procedures. The "bus chassis standards," "bus
body standards," and "specially equipped school bus standards" sections of the deleted text begin 2000deleted text end new text begin
2005new text end edition of the "National School Transportation Specifications and Procedures" are
incorporated by reference in this chapter.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2007.
new text end
Sec. 33.
Minnesota Statutes 2004, section 169.4501, subdivision 2, is amended to read:
Subd. 2.
Applicability.
(a) The standards adopted in this section and sections
169.4502 and 169.4503, govern the construction, design, equipment, and color of school
buses used for the transportation of school children, when owned or leased and operated
by a school or privately owned or leased and operated under a contract with a school.
Each school, its officers and employees, and each person employed under the contract is
subject to these standards.
(b) The standards apply to school buses manufactured after deleted text begin October 31, 2004deleted text end new text begin
December 31, 2006new text end . Buses complying with the standards when manufactured need not
comply with standards established later except as specifically provided for by law.
(c) A school bus manufactured on or before deleted text begin October 31, 2004deleted text end new text begin December 31,
2006new text end , must conform to the Minnesota standards in effect on the date the vehicle was
manufactured except as specifically provided for in law.
(d) A new bus body may be remounted on a used chassis provided that the remounted
vehicle meets state and federal standards for new buses which are current at the time of the
remounting. Permission must be obtained from the commissioner of public safety before
the remounting is done. A used bus body may not be remounted on a new or used chassis.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2007.
new text end
Sec. 34.
Minnesota Statutes 2004, section 169.4502, subdivision 5, is amended to read:
Subd. 5.
Electrical system; battery.
(a) The storage battery, as established by the
manufacturer's rating, must be of sufficient capacity to care for starting, lighting, signal
devices, heating, and other electrical equipment. In a bus with a gas-powered chassis, the
battery or batteries must provide a minimum of 800 cold cranking amperes. In a bus
with a diesel-powered chassis, the battery or batteries must provide a minimum of 1050
cold cranking amperes.
(b) In a type B bus with a gross vehicle weight rating of 15,000 pounds or more, and
type C and D buses, the battery shall be temporarily mounted on the chassis frame. The
final location of the battery and the appropriate cable lengths in these buses must comply
with the SBMI design objectives booklet.
(c) All batteries shall be mounted according to chassis manufacturers'
recommendations.
(d) In a type C bus, other than are powered by diesel fuel, a battery providing at least
550 cold cranking amperes may be installed in the engine compartment only if used in
combination with a generator or alternator of at least deleted text begin 120deleted text end new text begin 130new text end amperes.
(e) A bus with a gross vehicle weight rating of 15,000 pounds or less may be
equipped with a battery to provide a minimum of 550 cold cranking amperes only if used
in combination with an alternator of at least deleted text begin 80deleted text end new text begin 130new text end amperes. This paragraph does not
apply to those buses with wheelchair lifts or diesel engines.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2007.
new text end
Sec. 35.
Minnesota Statutes 2004, section 169.4503, subdivision 20, is amended to
read:
Subd. 20.
Seat and crash barriers.
new text begin (a) new text end All restraining barriers and passenger seats
shall be covered with a material that has fire retardant or fire block characteristics.
new text begin
(b) All seats must have a minimum cushion depth of 15 inches and a seat back
height of at least 20 inches above the seating reference point.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2007.
new text end
Sec. 36.
Minnesota Statutes 2004, section 171.321, subdivision 4, is amended to read:
Subd. 4.
Training.
(a) No person shall drive a class A, B, C, or D school bus when
transporting school children to or from school or upon a school-related trip or activity
without having demonstrated sufficient skills and knowledge to transport students in
a safe and legal manner.
(b) A bus driver must have training or experience that allows the driver to meet at
least the following competencies:
(1) safely operate the type of school bus the driver will be driving;
(2) understand student behavior, including issues relating to students with
disabilities;
(3) encourage orderly conduct of students on the bus and handle incidents of
misconduct appropriately;
(4) know and understand relevant laws, rules of the road, and local school bus
safety policies;
(5) handle emergency situations; and
(6) safely load and unload students.
(c) The commissioner of public safety shall develop a comprehensive model
school bus driver training program and model assessments for school bus driver training
competencies, which are not subject to chapter 14. A school districtnew text begin , nonpublic school, or
private contractor new text end may use alternative assessments for bus driver training competencies
with the approval of the commissioner of public safety. new text begin After completion of bus driver
training competencies, a driver may receive at least eight hours of school bus in-service
training any year as an alternative to being assessed for bus driver competencies. new text end The
employer shall keep the assessment new text begin and a record of the in-service training new text end for the current
period available for inspection by representatives of the commissioner.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 37.
Minnesota Statutes 2004, section 171.321, subdivision 5, is amended to read:
Subd. 5.
Annual evaluation and license verification.
(a) A school district,
nonpublic school, or private contractor shall provide in-service training deleted text begin annuallydeleted text end new text begin by June
30 of each yearnew text end to each school bus driver.
(b) A school district, nonpublic school, or private contractor shall deleted text begin annuallydeleted text end new text begin by June
30 of each year new text end verify the validity of the driver's license of each employee who regularly
transports students for the district in a type A school bus, a type B school bus, a type C
school bus, or type D school bus, or regularly transports students for the district in a type
III vehicle with the National Driver Register or with the Department of Public Safety.
new text begin
(c) Members of a nonprofit bus drivers' trade association under private contract
with an independent school district shall not be charged a fee greater than the fee, if any,
imposed upon an independent school district for accessing an employee's driver's license
records from the Department of Public Safety in compliance with this section.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 38.
Minnesota Statutes 2004, section 299F.30, is amended to read:
299F.30 FIRE DRILL IN SCHOOL; DOORS AND EXITS.
Subdivision 1.
Duties of fire marshal.
new text begin Consistent with this section and section
121A.035, new text end it shall be the duty of the state fire marshal, deputies and assistants, to require
public and private schools and educational institutions to have deleted text begin at least ninedeleted text end fire drills
each school year and to keep all doors and exits unlocked from the inside of the building
during school hours.new text begin The fire marshal must require nonpublic schools and educational
institutions not subject to section 121A.035 to have at least one fire drill each month
during the school year.
new text end
Subd. 2.
Fire drill.
Each superintendent, principal or other person in charge of a
public or private school, educational institution, children's home or orphanage housing 20
or more students or other persons, shall instruct and train such students or other persons to
quickly and expeditiously quit the premises in case of fire or other emergency by means of
drills or rapid dismissals deleted text begin at least once each monthdeleted text end while such school, institution, home or
orphanage is in operation. Records of such drills shall be posted so that such records are
available for review by the state fire marshal at all times and shall include the drill date
and the time required to evacuate the building.
Subd. 3.
School doors and exits.
new text begin Consistent with this section and section
121A.035, new text end each superintendent, principal or other person in charge of a public or private
school, educational institution, children's home or orphanage shall keep all doors and exits
of such school, institution, home or orphanage unlocked so that persons can leave by such
doors or exits at any time during the hours of normal operation.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for the 2006-2007 school year and
later.
new text end
Sec. 39.
Minnesota Statutes 2005 Supplement, section 626.556, subdivision 3, is
amended to read:
Subd. 3.
Persons mandated to report.
(a) new text begin Subject to paragraph (c), new text end a person who
knows or has reason to believe a child is being neglected or physically or sexually abused,
as defined in subdivision 2, or has been neglected or physically or sexually abused within
the preceding three years, shall immediately report the information to the local welfare
agency, agency responsible for assessing or investigating the report, police department, or
the county sheriff if the person is:
(1) a professional or professional's delegate who is engaged in the practice of
the healing arts, social services, hospital administration, psychological or psychiatric
treatment, child care, education, correctional supervision, probation and correctional
services, or law enforcement; or
(2) employed as a member of the clergy and received the information while
engaged in ministerial duties, provided that a member of the clergy is not required by
this subdivision to report information that is otherwise privileged under section 595.02,
subdivision 1, paragraph (c).
The police department or the county sheriff, upon receiving a report, shall
immediately notify the local welfare agency or agency responsible for assessing or
investigating the report, orally and in writing. The local welfare agency, or agency
responsible for assessing or investigating the report, upon receiving a report, shall
immediately notify the local police department or the county sheriff orally and in writing.
The county sheriff and the head of every local welfare agency, agency responsible for
assessing or investigating reports, and police department shall each designate a person
within their agency, department, or office who is responsible for ensuring that the
notification duties of this paragraph and paragraph (b) are carried out. Nothing in this
subdivision shall be construed to require more than one report from any institution, facility,
school, or agency.new text begin If the agency receiving a report determines that it is not responsible for
assessing or investigating the report, the agency shall immediately notify the agency it
determines is responsible for assessing or investigating the report under this section.
new text end
(b) Any person may voluntarily report to the local welfare agency, agency
responsible for assessing or investigating the report, police department, or the county
sheriff if the person knows, has reason to believe, or suspects a child is being or has been
neglected or subjected to physical or sexual abuse. The police department or the county
sheriff, upon receiving a report, shall immediately notify the local welfare agency or
agency responsible for assessing or investigating the report, orally and in writing. The
local welfare agency or agency responsible for assessing or investigating the report, upon
receiving a report, shall immediately notify the local police department or the county
sheriff orally and in writing.
(c) A person mandated to report physical or sexual child abuse or neglect occurring
within a deleted text begin licenseddeleted text end facility new text begin or a school as defined under subdivision 3b,new text end shall report the
information to the agency responsible for licensing the facility under sections 144.50 to
144.58; 241.021; 245A.01 to 245A.16; or chapter 245Bdeleted text begin ; or a nonlicensed personal care
provider organization as defined in sections 256B.04, subdivision 16; and 256B.0625,
subdivision 19deleted text end new text begin , or to the agency responsible for assessing or investigating the report, if the
facility is not licensednew text end . A health or corrections agency receiving a report may request the
local welfare agency to provide assistance pursuant to subdivisions 10, 10a, and 10b. A
board or other entity whose licensees perform work within a school facility, upon receiving
a complaint of alleged maltreatment, shall provide information about the circumstances of
the alleged maltreatment to the commissioner of education. Section 13.03, subdivision 4,
applies to data received by the commissioner of education from a licensing entity.
(d) Any person mandated to report shall receive a summary of the disposition of
any report made by that reporter, including whether the case has been opened for child
protection or other services, or if a referral has been made to a community organization,
unless release would be detrimental to the best interests of the child. Any person who is
not mandated to report shall, upon request to the local welfare agency, receive a concise
summary of the disposition of any report made by that reporter, unless release would be
detrimental to the best interests of the child.
(e) For purposes of this subdivision, "immediately" means as soon as possible but in
no event longer than 24 hours.
Sec. 40.
Minnesota Statutes 2004, section 626.556, subdivision 3b, is amended to read:
Subd. 3b.
deleted text begin Agencydeleted text end new text begin Department of Education new text end responsible for assessing or
investigating reports of maltreatment.
The Department of Education is the agency
responsible for assessing or investigating allegations of child maltreatment in schools
as defined in sections deleted text begin 120A.05, subdivisions 9, 11, and 13;deleted text end new text begin 120A.05, subdivisions 9,
11, 13, and 17,new text end and 124D.10new text begin , unless the alleged maltreatment occurred in a program or
facility licensed by the commissioner of human services. "School" includes a school-age
care program, Head Start program, early childhood family education program, school
district-administered day treatment facility, or other program licensed or administered
by the commissioner of education that provides services for minors and is located in
or operated by a schoolnew text end .
Sec. 41.
Minnesota Statutes 2004, section 626.556, subdivision 3c, is amended to read:
Subd. 3c.
deleted text begin Agencydeleted text end new text begin Local welfare agency, Department of Human Services,
or Department of Health new text end responsible for assessing or investigating reports of
maltreatment.
deleted text begin
The following agencies are the administrative agencies responsible for
assessing or investigating reports of alleged child maltreatment in facilities made under
this section:
deleted text end
deleted text begin (1)deleted text end new text begin (a) new text end The county local welfare agency is the agency responsible for assessing or
investigatingnew text begin :
new text end
new text begin (1)new text end allegations of maltreatment in child foster care, family child care, and legally
unlicensed child care and in juvenile correctional facilities licensed under section 241.021
located in the local welfare agency's county;new text begin and
new text end
new text begin (2) other allegations of maltreatment that are not the responsibility of another agency
under this subdivision or subdivision 3b.new text end
deleted text begin (2)deleted text end new text begin (b) new text end The Department of Human Services is the agency responsible for assessing
or investigating allegations of maltreatment in facilities licensed under chapters 245A and
245B, except for child foster care and family child caredeleted text begin ; anddeleted text end new text begin .
new text end
deleted text begin (3)deleted text end new text begin (c) new text end The Department of Health is the agency responsible for assessing or
investigating allegations of child maltreatment in facilities licensed under sections 144.50
to 144.58, and in unlicensed home health care.
Sec. 42.
Laws 2005, First Special Session chapter 5, article 2, section 84, subdivision
13, is amended to read:
Subd. 13. Examination fees; teacher training and support programs. (a) For
students' advanced placement and international baccalaureate examination fees under
Minnesota Statutes, section 120B.13, subdivision 3, and the training and related costs
for teachers and other interested educators under Minnesota Statutes, section 120B.13,
subdivision 1:
| $ | 4,500,000 | ..... | 2006 | |
| $ | 4,500,000 | ..... | 2007 |
(b) The advanced placement program shall receive 75 percent of the appropriation
each year and the international baccalaureate program shall receive 25 percent of the
appropriation each year. The department, in consultation with representatives of the
advanced placement and international baccalaureate programs selected by the Advanced
Placement Advisory Council and IBMN, respectively, shall determine the amounts of
the expenditures each year for examination fees and training and support programs for
each program.
(c) Notwithstanding Minnesota Statutes, section 120B.13, subdivision 1, at least
$500,000 each year is for teachers to attend subject matter summer training programs
and follow-up support workshops approved by the advanced placement or international
baccalaureate programs. deleted text begin The amount of the subsidy for each teacher attending an
deleted text end deleted text begin advanced placement or international baccalaureate summer training program or workshop
deleted text end deleted text begin shall be the same. The commissioner shall determine the payment process and the amount
deleted text end deleted text begin of the subsidy.deleted text end new text begin Teachers shall apply for teacher training scholarships to prepare for
teaching in the advanced placement or international baccalaureate program. Any reserved
funding not expended for teacher training may be used for exam fees and other support
programs for each program.new text end
(d) The commissioner shall pay all examination fees for all students of low-income
families under Minnesota Statutes, section 120B.13, subdivision 3, and to the extent
of available appropriations shall also pay examination fees for students sitting for an
advanced placement examination, international baccalaureate examination, or both.
Any balance in the first year does not cancel but is available in the second year.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 43. new text begin RULE ON VISUALLY IMPAIRED TO INCLUDE REFERENCES TO
"BLIND" AND "BLINDNESS."
new text end
new text begin
The commissioner of education, where appropriate, must incorporate references to
"blind" and "blindness" into the definition of visually impaired under Minnesota Rules,
part 3525.1345, and amend the rule title to include the word "blind."
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 44. new text begin PILOT PROGRAM TO FACILITATE YOUNG CHILDREN'S SECOND
LANGUAGE LEARNING AND STRONGER LITERACY AND VERBAL SKILLS.
new text end
new text begin
(a) A pilot program for fiscal year 2007 is established to allow school districts to
use child-relevant American sign language to encourage children in kindergarten through
grade 3 to learn a second language and develop stronger literacy and verbal skills and
better classroom attention. School districts that have (1) child care centers or Head Start
classrooms, (2) English language learners, foreign language classrooms, or language
immersion programs, (3) resident families with internationally adopted children, or (4)
classrooms in which children with special needs are served may apply to the education
commissioner, in the form and manner the commissioner determines, for a pilot program
grant. School districts that receive a grant under this section must use the grant to train
education staff who work with children in kindergarten through grade 3, including
at least classroom teachers, teachers' assistants, ESL teachers, and special education
teachers to use 600 child-relevant signs in sign language to help hearing students acquire
vocabulary quickly and easily, become better problem solvers, become creative thinkers
and communicators and better prepared academically, and to use effective strategies to
incorporate sign language into classroom instruction.
new text end
new text begin
(b) The commissioner may award grants to qualified school districts on a first-come
first-served basis to allow training for 1,000 education staff under this section.
new text end
new text begin
(c) The commissioner shall provide for an independent evaluation of the efficacy
of the pilot program under this section and shall recommend to the education policy and
finance committees of the legislature by February 15, 2008, whether or not the program
should be continued and expanded.
new text end
Sec. 45. new text begin CHINESE LANGUAGE PROGRAMS; CURRICULUM
DEVELOPMENT PROJECT.
new text end
new text begin Subdivision 1. new text end
new text begin Project parameters. new text end
new text begin
(a) Notwithstanding other law to the contrary,
the commissioner of education may contract with the Board of Regents of the University
of Minnesota or other Minnesota public entity the commissioner determines is qualified
to undertake the development of an articulated K-12 Chinese curriculum for Minnesota
schools that involves:
new text end
new text begin
(1) creating a network of Chinese teachers and educators able to develop new and
modify or expand existing world languages K-12 curricula, materials, assessments, and
best practices needed to provide Chinese language instruction to students; and
new text end
new text begin
(2) coordinating statewide efforts to develop and expand Chinese language
instruction so that it is uniformly available to students throughout the state, and making
innovative use of media and technology, including television, distance learning, and online
courses to broaden students' access to the instruction.
new text end
new text begin
(b) The entity with which the commissioner contracts under paragraph (a) must have
sufficient knowledge and expertise to ensure the professional development of appropriate,
high-quality curricula, supplementary materials, aligned assessments, and best practices
that accommodate different levels of student ability and types of programs.
new text end
new text begin
(c) Project participants must:
new text end
new text begin
(1) work throughout the project to develop curriculum, supplementary materials,
aligned assessments, and best practices; and
new text end
new text begin
(2) make curriculum, supplementary materials, aligned assessments, and best
practices equitably available to Minnesota schools and students.
new text end
new text begin Subd. 2. new text end
new text begin Project participants. new text end
new text begin
The entity with which the commissioner contracts
must work with the network of Chinese teachers and educators to:
new text end
new text begin
(1) conduct an inventory of Chinese language curricula, supplementary materials,
and professional development initiatives currently used in Minnesota or other states;
new text end
new text begin
(2) develop Chinese language curricula and benchmarks aligned to local world
language standards and classroom-based assessments; and
new text end
new text begin
(3) review and recommend to the commissioner how best to build an educational
infrastructure to provide more students with Chinese language instruction, including
how to develop and provide: (i) an adequate supply of Chinese language teachers; (ii)
an adequate number of high-quality school programs; (iii) appropriate curriculum,
instructional materials, and aligned assessments that include technology-based delivery
systems; (iv) teacher preparation programs to train Chinese language teachers; (v)
expedited licensing of Chinese language teachers; (vi) best practices in existing
educational programs that can be used to establish K-12 Chinese language programs;
and (vii) technical assistance resources.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 46. new text begin 2006 SCHOOL ACCOUNTABILITY REPORT.
new text end
new text begin
Notwithstanding Minnesota Statutes, section 120B.36, for 2006 reporting only, the
Department of Education may delay the release to the public and the posting of the 2006
school performance report cards and adequate yearly progress data on its public Web
site to no later than November 30, 2006.
new text end
Sec. 47. new text begin NORTHWESTERN ONLINE COLLEGE IN THE HIGH SCHOOL
PROGRAM.
new text end
new text begin
For fiscal year 2007 only, the Northwestern Online College in the High School
program is eligible for $50,000 for professional development and to develop Web-based
technology.
new text end
Sec. 48. new text begin APPROPRIATION.
new text end
new text begin Subdivision 1. new text end
new text begin Department of Education. new text end
new text begin
The sums indicated in this section are
appropriated from the general fund to the Department of Education for the fiscal years
designated.
new text end
new text begin Subd. 2. new text end
new text begin Northwestern Online College in the High School program. new text end
new text begin
For
Northwestern Online College in the High School program under section 47:
new text end
|
new text begin
$ new text end |
new text begin
50,000 new text end |
new text begin
..... new text end |
new text begin
2007 new text end |
new text begin Subd. 3. new text end
new text begin Chinese language. new text end
new text begin
For the Chinese language curriculum project under
section 45:
new text end
|
new text begin
$ new text end |
new text begin
250,000 new text end |
new text begin
..... new text end |
new text begin
2007 new text end |
new text begin
The commissioner must report to the house of representatives and senate committees
having jurisdiction over kindergarten through grade 12 education policy and finance on
the range of the program by February 15, 2007. The report shall address the applicability
of the Chinese language curriculum project to other world languages and include the
availability of instructors, curriculum, high-quality school programs, assessments, and
best practices as they apply to world languages.
new text end
new text begin
This is a onetime appropriation.
new text end
new text begin Subd. 4. new text end
new text begin Child-relevant American sign language. new text end
new text begin
For a contract with a qualified
provider to train education staff to use child-relevant American sign language to facilitate
young children's development of second language learning and stronger literacy and
verbal skills under section 44:
new text end
|
new text begin
$ new text end |
new text begin
225,000 new text end |
new text begin
..... new text end |
new text begin
2007 new text end |
new text begin
Of this appropriation, $150,000 is for actual training costs, $35,000 is for
an independent evaluation of the efficacy of the pilot program, and $40,000 is for
administrative and marketing costs incurred by the Department of Education.
new text end
new text begin Subd. 5. new text end
new text begin Scholars of distinction. new text end
new text begin
For the scholars of distinction program:
new text end
|
new text begin
$ new text end |
new text begin
25,000 new text end |
new text begin
..... new text end |
new text begin
2007 new text end |
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 49. new text begin REPEALER.
new text end
new text begin
(a) Minnesota Statutes 2004, sections 121A.23; and 123B.749,
new text end
new text begin
are repealed.
new text end
new text begin
(b) Minnesota Statutes 2004, sections 169.4502, subdivision 15; and 169.4503,
subdivisions 17, 18, and 26,
new text end
new text begin
are repealed.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section, paragraph (b), is effective January 1, 2007.
new text end
ARTICLE 5
SPECIAL EDUCATION
Section 1.
Minnesota Statutes 2005 Supplement, section 123B.76, subdivision 3, is
amended to read:
Subd. 3.
Expenditures by building.
(a) For the purposes of this section, "building"
means education site as defined in section 123B.04, subdivision 1.
(b) Each district shall maintain separate accounts to identify general fund
expenditures for each building. All expenditures for regular instruction, secondary
vocational instruction, and school administration must be reported to the department
separately for each building. All expenditures for special education instruction,
instructional support services, and pupil support services provided within a specific
building must be reported to the department separately for each building. Salary
expenditures reported by building must reflect actual salaries for staff at the building
and must not be based on districtwide averages. new text begin All expenditures for special education
instruction and services and transportation for nonpublic school pupils must be reported
separately. new text end All other general fund expenditures may be reported by building or on a
districtwide basis.
(c) The department must annually report information showing school district general
fund expenditures per pupil by program category for each building and estimated school
district general fund revenue generated by pupils attending each building on its Web
site. For purposes of this report:
(1) expenditures not reported by building shall be allocated among buildings on a
uniform per pupil basis;
(2) basic skills revenue shall be allocated according to section 126C.10, subdivision
4;
(3) secondary sparsity revenue and elementary sparsity revenue shall be allocated
according to section 126C.10, subdivisions 7 and 8;
(4) other general education revenue shall be allocated on a uniform per pupil unit
basis;
(5) first grade preparedness aid shall be allocated according to section 124D.081;
(6) state and federal special education aid and Title I aid shall be allocated in
proportion to district expenditures for these programs by building; and
(7) other general fund revenues shall be allocated on a uniform per pupil basis,
except that the department may allocate other revenues attributable to specific buildings
directly to those buildings.
new text begin
(d) The amount of state and federal special education aid for nonpublic school pupils
receiving special education instruction and services and transportation and the number
of nonpublic school pupils with a disability assessed and receiving special education
instruction and services and transportation from school districts must be shown in a
separate category.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for fiscal year 2006 and later.
new text end
Sec. 2.
Minnesota Statutes 2005 Supplement, section 125A.11, subdivision 1, is
amended to read:
Subdivision 1.
Nonresident tuition rate; other costs.
(a) For fiscal year 2006,
when a school district provides instruction and services outside the district of residence,
board and lodging, and any tuition to be paid, shall be paid by the district of residence. The
tuition rate to be charged for any child with a disability, excluding a pupil for whom tuition
is calculated according to section 127A.47, subdivision 7, paragraph (d), must be the sum
of (1) the actual cost of providing special instruction and services to the child including
a proportionate amount for special transportation and unreimbursed building lease and
debt service costs for facilities used primarily for special education, plus (2) the amount
of general education revenue and referendum aid attributable to the pupil, minus (3) the
amount of special education aid for children with a disability received on behalf of that
child, minus (4) if the pupil receives special instruction and services outside the regular
classroom for more than 60 percent of the school day, the amount of general education
revenue and referendum aid, excluding portions attributable to district and school
administration, district support services, operations and maintenance, capital expenditures,
and pupil transportation, attributable to that pupil for the portion of time the pupil receives
new text begin special new text end instruction deleted text begin indeleted text end new text begin and services outside ofnew text end the regular classroom. If the boards involved
do not agree upon the tuition rate, either board may apply to the commissioner to fix the
rate. Notwithstanding chapter 14, the commissioner must then set a date for a hearing or
request a written statement from each board, giving each board at least ten days' notice,
and after the hearing or review of the written statements the commissioner must make an
order fixing the tuition rate, which is binding on both school districts. General education
revenue and referendum aid attributable to a pupil must be calculated using the resident
district's average general education and referendum revenue per adjusted pupil unit.
(b) For fiscal year 2007 and later, when a school district provides special instruction
and services for a pupil with a disability as defined in section 125A.02 outside the district
of residence, excluding a pupil for whom an adjustment to special education aid is
calculated according to section 127A.47, subdivision 7, paragraph (e), special education
aid paid to the resident district must be reduced by an amount equal to (1) the actual
cost of providing special instruction and services to the pupil, including a proportionate
amount for special transportation and unreimbursed building lease and debt service costs
for facilities used primarily for special education, plus (2) the amount of general education
revenue and referendum aid attributable to that pupil, minus (3) the amount of special
education aid for children with a disability received on behalf of that child, minus (4) if the
pupil receives special instruction and services outside the regular classroom for more than
60 percent of the school day, the amount of general education revenue and referendum
aid, excluding portions attributable to district and school administration, district support
services, operations and maintenance, capital expenditures, and pupil transportation,
attributable to that pupil for the portion of time the pupil receives new text begin special new text end instruction deleted text begin indeleted text end new text begin
and services outside of new text end the regular classroom. General education revenue and referendum
aid attributable to a pupil must be calculated using the resident district's average general
education revenue and referendum aid per adjusted pupil unit. Special education aid
paid to the district or cooperative providing special instruction and services for the pupil
must be increased by the amount of the reduction in the aid paid to the resident district.
Amounts paid to cooperatives under this subdivision and section 127A.47, subdivision
7, shall be recognized and reported as revenues and expenditures on the resident school
district's books of account under sections 123B.75 and 123B.76. If the resident district's
special education aid is insufficient to make the full adjustment, the remaining adjustment
shall be made to other state aid due to the district.
(c) Notwithstanding paragraphs (a) and (b) and section 127A.47, subdivision 7,
paragraphs (d) and (e), a charter school where more than 30 percent of enrolled students
receive special education and related services, an intermediate district, deleted text begin ordeleted text end a special
education cooperativenew text begin , or a school district that served as the applicant agency for a group
of school districts for federal special education aids for fiscal year 2006new text end may apply to the
commissioner for authority to charge the resident district an additional amount to recover
any remaining unreimbursed costs of serving pupils with a disability. The application must
include a description of the costs and the calculations used to determine the unreimbursed
portion to be charged to the resident district. Amounts approved by the commissioner
under this paragraph must be included in the tuition billings or aid adjustments under
paragraph (a) or (b), or section 127A.47, subdivision 7, paragraph (d) or (e), as applicable.
new text begin
(d) For purposes of this subdivision and section 127A.47, subdivision 7, paragraphs
(d) and (e), "general education revenue and referendum aid" means the sum of the general
education revenue according to section 126C.10, subdivision 1, excluding alternative
teacher compensation revenue, plus the referendum aid according to section 126C.17,
subdivision 7, as adjusted according to section 127A.47, subdivision 7, paragraphs (a)
to (c).
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for fiscal year 2006.
new text end
Sec. 3.
Minnesota Statutes 2004, section 125A.515, subdivision 1, is amended to read:
Subdivision 1.
Approval of education programs.
The commissioner shall
approve education programs for placement of children and youth in deleted text begin care and treatmentdeleted text end
new text begin residentialnew text end facilities including detention centers, before being licensed by the Department
of Human Services deleted text begin under Minnesota Rules, parts 9545.0905 to 9545.1125 and 9545.1400
to 9545.1480,deleted text end or the Department of Corrections deleted text begin under Minnesota Rules, chapters 2925,
2930, 2935, and 2950deleted text end . Education programs in these facilities shall conform to state and
federal education laws including the Individuals with Disabilities Education Act (IDEA).new text begin
This section applies only to placements in facilities licensed by the Department of Human
Services or the Department of Corrections.
new text end
Sec. 4.
Minnesota Statutes 2004, section 125A.515, subdivision 3, is amended to read:
Subd. 3.
Responsibilities for providing education.
(a) The district in which the
new text begin residentialnew text end facility is located must provide education services, including special education
if eligible, to all students placed in a facility deleted text begin for care and treatmentdeleted text end .
(b) For education programs operated by the Department of Corrections, the
providing district shall be the Department of Corrections. For students remanded to the
commissioner of corrections, the providing and resident district shall be the Department
of Corrections.
deleted text begin
(c) Placement for care and treatment does not automatically make a student eligible
for special education. A student placed in a care and treatment facility is eligible for
special education under state and federal law including the Individuals with Disabilities
Education Act under United States Code, title 20, chapter 33.
deleted text end
Sec. 5.
Minnesota Statutes 2004, section 125A.515, subdivision 5, is amended to read:
Subd. 5.
Education programs for students placed innew text begin residentialnew text end facilitiesdeleted text begin for
care and treatmentdeleted text end .
(a) When a student is placed in a deleted text begin care and treatmentdeleted text end facilitynew text begin
approved under this sectionnew text end that has an on-site education program, the providing district,
upon notice from the care and treatment facility, must contact the resident district within
one business day to determine if a student has been identified as having a disability, and
to request at least the student's transcript, and for students with disabilities, the most
recent individualized education plan (IEP) and evaluation report, and to determine if the
student has been identified as a student with a disability. The resident district must send a
facsimile copy to the providing district within two business days of receiving the request.
(b) If a student placed deleted text begin for care and treatmentdeleted text end new text begin under this sectionnew text end has been identified as
having a disability and has an individual education plan in the resident district:
(1) the providing agency must conduct an individualized education plan meeting
to reach an agreement about continuing or modifying special education services in
accordance with the current individualized education plan goals and objectives and to
determine if additional evaluations are necessary; and
(2) at least the following people shall receive written notice or documented phone
call to be followed with written notice to attend the individualized education plan meeting:
(i) the person or agency placing the student;
(ii) the resident district;
(iii) the appropriate teachers and related services staff from the providing district;
(iv) appropriate staff from the deleted text begin care and treatmentdeleted text end new text begin residentialnew text end facility;
(v) the parents or legal guardians of the student; and
(vi) when appropriate, the student.
(c) For a student who has not been identified as a student with a disability, a
screening must be conducted by the providing districts as soon as possible to determine
the student's educational and behavioral needs and must include a review of the student's
educational records.
Sec. 6.
Minnesota Statutes 2004, section 125A.515, subdivision 6, is amended to read:
Subd. 6.
Exit report summarizing educational progress.
If a student has been
placed in a deleted text begin care and treatmentdeleted text end facilitynew text begin under this sectionnew text end for 15 or more business days, the
providing district must prepare an exit report summarizing the regular education, special
education, evaluation, educational progress, and service information and must send the
report to the resident district and the next providing district if different, the parent or
legal guardian, and any appropriate social service agency. For students with disabilities,
this report must include the student's IEP.
Sec. 7.
Minnesota Statutes 2004, section 125A.515, subdivision 7, is amended to read:
Subd. 7.
Minimum educational services required.
new text begin When a student is placed in a
facility approved under this section, new text end at a minimum, the providing district is responsible for:
(1) the education necessary, including summer school services, for a student who is
not performing at grade level as indicated in the education record or IEP; and
(2) a school day, of the same length as the school day of the providing district, unless
the unique needs of the student, as documented through the IEP or education record in
consultation with treatment providers, requires an alteration in the length of the school day.
Sec. 8.
Minnesota Statutes 2004, section 125A.515, subdivision 9, is amended to read:
Subd. 9.
Reimbursement for education services.
(a) Education services
provided to students who have been placed deleted text begin for care and treatmentdeleted text end new text begin under this section new text end are
reimbursable in accordance with special education and general education statutes.
(b) Indirect or consultative services provided in conjunction with regular education
prereferral interventions and assessment provided to regular education students suspected
of being disabled and who have demonstrated learning or behavioral problems in a
screening are reimbursable with special education categorical aids.
(c) Regular education, including screening, provided to students with or without
disabilities is not reimbursable with special education categorical aids.
Sec. 9.
Minnesota Statutes 2004, section 125A.515, subdivision 10, is amended to read:
Subd. 10.
Students unable to attend school but not deleted text begin placed in care and treatment
facilitiesdeleted text end new text begin covered under this sectionnew text end .
Students who are absent from, or predicted to
be absent from, school for 15 consecutive or intermittent days, new text begin and placed new text end at home or
in facilities not licensed by the Departments of Corrections or Human Services are deleted text begin not
students placed for care and treatmentdeleted text end new text begin entitled to regular and special education services
consistent with applicable law and rulenew text end . These students include students with and without
disabilities who are home due to accident or illness, in a hospital or other medical facility,
or in a day treatment center. deleted text begin These students are entitled to education services through
their district of residence.
deleted text end
Sec. 10.
Minnesota Statutes 2004, section 125A.63, subdivision 4, is amended to read:
Subd. 4.
Advisory committees.
The deleted text begin Special Education Advisory Councildeleted text end new text begin
commissioner new text end shall establish an advisory committee for each resource center. The
advisory committees shall develop recommendations regarding the resource centersnew text begin and
submit an annual report to the commissioner on the form and in the manner prescribed by
the commissionernew text end .
Sec. 11.
Minnesota Statutes 2004, section 125A.75, subdivision 1, is amended to read:
Subdivision 1.
Travel aid.
The state must pay each district one-half of the sum
actually expended by a districtnew text begin , based on mileage, new text end for necessary travel of essential
personnel providing home-based services to children with a disability under age five
and their families.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 12.
Minnesota Statutes 2005 Supplement, section 125A.79, subdivision 1, is
amended to read:
Subdivision 1.
Definitions.
For the purposes of this section, the definitions in this
subdivision apply.
(a) "Unreimbursed special education cost" means the sum of the following:
(1) expenditures for teachers' salaries, contracted services, supplies, equipment, and
transportation services eligible for revenue under section 125A.76; plus
(2) expenditures for tuition bills received under sections 125A.03 to 125A.24 and
125A.65 for services eligible for revenue under section 125A.76, subdivision 2; minus
(3) revenue for teachers' salaries, contracted services, supplies, and equipment under
section 125A.76; minus
(4) tuition receipts under sections 125A.03 to 125A.24 and 125A.65 for services
eligible for revenue under section 125A.76, subdivision 2.
(b) "General revenue" means the sum of the general education revenue according to
section 126C.10, subdivision 1, deleted text begin as adjusted according to section 127A.47, subdivisions
7 and 8new text begin new text end deleted text end new text begin excluding alternative teacher compensation revenuenew text end , plus the total qualifying
referendum revenue specified in paragraph (e) minus transportation sparsity revenue
minus total operating capital revenue.
(c) "Average daily membership" has the meaning given it in section 126C.05.
(d) "Program growth factor" means 1.02 for fiscal year 2003, and 1.0 for fiscal
year 2004 and later.
(e) "Total qualifying referendum revenue" means two-thirds of the district's total
referendum revenue new text begin as adjusted according to section 127A.47, subdivision 7, paragraphs
(a) to (c), new text end for fiscal year 2006, one-third of the district's total referendum revenue for fiscal
year 2007, and none of the district's total referendum revenue for fiscal year 2008 and later.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for revenue for fiscal year 2006.
new text end
Sec. 13. new text begin SPECIAL EDUCATION FORECAST MAINTENANCE OF EFFORT.
new text end
new text begin
(a) If, on the basis of a forecast of general fund revenues and expenditures under
Minnesota Statutes, section 16A.103; expenditures for special education aid under
Minnesota Statutes, section 125A.76; transition for disabled students under Minnesota
Statutes, section 124D.454; travel for home-based services under Minnesota Statutes,
section 124A.75, subdivision 1; aid for students with disabilities under Minnesota Statutes,
section 125A.75, subdivision 3; court-placed special education under Minnesota Statutes,
section 125A.79, subdivision 4; or out-of-state tuition under Minnesota Statutes, section
125A.79, subdivision 8, are projected to be less than the amount previously forecast for an
enacted budget, the forecast excess from these programs, up to an amount sufficient to
meet federal special education maintenance of effort, is added to the state total special
education aid in Minnesota Statutes, section 125A.76, subdivision 4.
new text end
new text begin
(b) If, on the basis of a forecast of general fund revenues and expenditures under
Minnesota Statutes, section 16A.103, expenditures in the programs in this section are
projected to be greater than previously forecast for an enacted budget, and an addition to
state total special education aid has been made under paragraph (a), the state total special
education aid must be reduced by the lesser of the amount of the expenditure increase or
the amount previously added to state total special education aid, and this amount must be
taken from the programs that were forecast to have a forecast excess.
new text end
new text begin
(c) For the purpose of this section, "previously forecast for an enacted budget" means
the allocation of funding for these programs in the most recent forecast of general fund
revenues and expenditures or the act appropriating money for these programs, whichever
occurred most recently. It does not include planning estimates for a future biennium.
new text end
Sec. 14. new text begin INTERMEDIATE DISTRICT SPECIAL EDUCATION TUITION
BILLING FOR FISCAL YEARS 2006 AND 2007.
new text end
new text begin
(a) Notwithstanding Minnesota Statutes, sections 125A.11, subdivision 1, paragraph
(a), and 127A.47, subdivision 7, paragraph (d), for fiscal year 2006, an intermediate
district is not subject to the uniform special education tuition billing calculations, but may
instead continue to bill the resident school districts for the actual unreimbursed costs of
serving pupils with a disability as determined by the intermediate district.
new text end
new text begin
(b) Notwithstanding Minnesota Statutes, section 125A.11, subdivision 1, paragraph
(c), for fiscal year 2007 only, an intermediate district may apply to the commissioner of
education for a waiver from the uniform special education tuition calculations and aid
adjustments under Minnesota Statutes, sections 125A.11, subdivision 1, paragraph (b), and
127A.47, subdivision 7, paragraph (e). The commissioner must grant the waiver within 30
days of receiving the following information from the intermediate district:
new text end
new text begin
(1) a detailed description of the intermediate district's methodology for calculating
special education tuition for fiscal years 2006 and 2007, as required by the intermediate
district to recover the full cost of serving pupils with a disability;
new text end
new text begin
(2) sufficient data to determine the total amount of special education tuition actually
charged for each student with a disability, as required by the intermediate district to
recover the full cost of serving pupils with a disability in fiscal year 2006; and
new text end
new text begin
(3) sufficient data to determine the amount that would have been charged for each
student for fiscal year 2006 using the uniform tuition billing methodology according
to Minnesota Statutes, section 125A.11, subdivision 1, or 127A.47, subdivision 7, as
applicable.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment
for fiscal year 2006.
new text end
Sec. 15. new text begin SPECIAL EDUCATION STUDY.
new text end
new text begin
(a) The commissioner of education must contract with an independent consultant that
has extensive experience working with various states on special education finance systems
to evaluate Minnesota's special education funding structure and make recommendations
to improve its effectiveness. The recommendations must be in conformance with Public
Law 108-446, section 612(a) (5) (B) (i).
new text end
new text begin
(b) The consultant must:
new text end
new text begin
(1) conduct an in-depth analysis of the current special education finance system
in Minnesota;
new text end
new text begin
(2) convene a task force in Minnesota consisting of superintendents, special
education directors, representatives from special education advocacy organizations,
and parents of children receiving special education services to help formulate
recommendations for improvement; and
new text end
new text begin
(3) prepare a report to be submitted to the Department of Education and the
legislature.
new text end
new text begin
(c) In addition to the requirements in paragraph (b), the consultant must analyze
and report on the effectiveness of the current special education program in educating
Minnesota students. The consultant must use a statistical analysis to help explain
differences in spending across school districts while controlling for student performance.
new text end
new text begin
(d) The commissioner must report on the findings on the contract to the legislative
committees having jurisdiction over kindergarten through grade 12 finance before
December 15, 2007.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 16. new text begin APPROPRIATION.
new text end
new text begin Subdivision 1. new text end
new text begin Department of Education. new text end
new text begin
The sum indicated in this section is
appropriated from the general fund to the Department of Education for the fiscal year
designated.
new text end
new text begin Subd. 2. new text end
new text begin Special education study contract. new text end
new text begin
For a contract to examine Minnesota's
special education funding structure under section 15:
new text end
|
new text begin
$ new text end |
new text begin
250,000 new text end |
new text begin
..... new text end |
new text begin
2007 new text end |
Sec. 17. new text begin DEPARTMENT OF EDUCATION RULES.
new text end
new text begin
Before July 1, 2007, the Department of Education shall amend Minnesota Rules,
part 3525.2325, to conform with Minnesota Statutes, section 125A.515.
new text end
Sec. 18. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2004, sections 125A.10; and 125A.515, subdivision 2,
new text end
new text begin
are
repealed.
new text end
ARTICLE 6
FACILITIES, ACCOUNTING, AND TECHNOLOGY
Section 1.
Minnesota Statutes 2004, section 123A.44, is amended to read:
123A.44 CITATION.
Sections 123A.441 to 123A.446 may be cited as the "Cooperative deleted text begin Secondarydeleted text end
Facilities Grant Act."
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 2.
Minnesota Statutes 2004, section 123A.441, is amended to read:
123A.441 POLICY AND PURPOSE.
Because of the rates of decline in school-aged population, population shifts and
economic changes that the state has experienced in recent years and anticipates in future
years, and because in some instances local districts have not, and will not be able to
provide the required construction funds through local property taxes, the purpose of the
cooperative deleted text begin secondarydeleted text end facilities grant program is to provide an incentive to encourage
cooperation in making available to all deleted text begin secondarydeleted text end students those educational programs,
services and facilities that are most efficiently and effectively provided by a cooperative
effort of deleted text begin severaldeleted text end school districts. The policy and purpose of sections 123A.442 to
123A.446 is to use the credit of the state, to a limited degree, to provide grants to
cooperating groups of districts to improve and expand the educational opportunities and
facilities available to their deleted text begin secondarydeleted text end students.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 3.
Minnesota Statutes 2004, section 123A.442, is amended to read:
123A.442 APPROVAL AUTHORITY; APPLICATION FORMS.
Subdivision 1.
Approval by commissioner.
To the extent money is available, the
commissioner may approve projects from applications submitted under section 123A.443.
The grant money must be used only to acquire, construct, remodel or improve the building
or site of a cooperative deleted text begin secondarydeleted text end facility under contracts to be entered into within 15
months after the date on which each grant is awarded.
Subd. 2.
Cooperation and combination.
Districts that new text begin have not already
consolidated and new text end receive a cooperative deleted text begin secondarydeleted text end facilities grant deleted text begin after May 1, 1991,deleted text end shall:
(1) submit a new text begin consolidation new text end plan deleted text begin as set forth indeleted text end new text begin undernew text end section deleted text begin 123A.36deleted text end new text begin 123A.48new text end for
approval by the deleted text begin State Board of Education before December 31, 1999, ordeleted text end Department of
Education deleted text begin after December 30, 1999deleted text end ; and
(2) hold a referendum on the question of deleted text begin combinationdeleted text end new text begin consolidationnew text end no later than
four years after a grant is awarded under subdivision 1.
The districts are eligible for deleted text begin cooperation and combinationdeleted text end new text begin consolidationnew text end revenue
under section deleted text begin 123A.39, subdivision 3deleted text end new text begin 123A.485new text end .
new text begin Subd. 3. new text end
new text begin Consolidated districts. new text end
new text begin
A school district that has consolidated with
another school district since July 1, 1980, is eligible for a cooperative facilities grant.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 4.
Minnesota Statutes 2004, section 123A.443, is amended to read:
123A.443 GRANT APPLICATION PROCESS.
Subdivision 1.
Qualification.
Any group of districts new text begin or a consolidated district
new text end that meets the criteria required under subdivision 2 may apply for an incentive grant for
construction of a new deleted text begin secondarydeleted text end facility or for remodeling and improving an existing
deleted text begin secondarydeleted text end facility. A grant for new construction must not exceed the lesser of deleted text begin $5,000,000deleted text end new text begin
$10,000,000new text end or 75 percent of the approved construction costs of a cooperative deleted text begin secondarydeleted text end
education facility. A grant for remodeling and improving an existing facility must not
exceed deleted text begin $200,000deleted text end new text begin $1,000,000new text end .
Subd. 2.
Review by commissioner.
(a) A group of districts new text begin or a consolidated district
new text end that submits an application for a grant must submit a proposal to the commissioner for
review and comment under section 123B.71. The commissioner shall prepare a review
and comment on the proposed facility by July 1 of an odd-numbered year, regardless
of the amount of the capital expenditure required to acquire, construct, remodelnew text begin ,new text end or
improve the deleted text begin secondarydeleted text end facility. The commissioner shall not approve an application for an
incentive grant for any deleted text begin secondarydeleted text end facility unless the facility receives a favorable review
and comment under section 123B.71 and the following criteria are met:
(1) new text begin the applicant is a consolidated district or new text end a minimum of two or more districtsdeleted text begin ,
with kindergarten to grade 12 enrollments in each district of no more than 1,200 pupils,
enterdeleted text end new text begin that have enterednew text end into a joint powers agreement;
(2) new text begin for a group of districts, new text end a joint powers board representing all participating
districts is established under section 471.59 to govern the cooperative deleted text begin secondarydeleted text end facility;
deleted text begin
(3) the planned secondary facility will result in the joint powers district meeting the
requirements of Minnesota Rules, parts 3500.2010 and 3500.2110;
deleted text end
deleted text begin
(4) at least 198 pupils would be served in grades 10 to 12, 264 pupils would be
served in grades 9 to 12, or 396 pupils would be served in grades 7 to 12;
deleted text end
deleted text begin (5)deleted text end new text begin (3) for a group of districts,new text end no more than one superintendent is employed by the
joint powers board as a result of the cooperative deleted text begin secondarydeleted text end facility agreement;
deleted text begin (6)deleted text end new text begin (4)new text end a statement of need is submitted, that may include reasons why the current
deleted text begin secondarydeleted text end facilities are inadequate, unsafe or inaccessible to the deleted text begin handicappeddeleted text end new text begin disablednew text end ;
deleted text begin (7)deleted text end new text begin (5)new text end an educational plan is prepared, that includes input from both community and
professional staff;
deleted text begin (8)deleted text end new text begin (6) for a group of districts,new text end a combined seniority list for all participating districts
is developed by the joint powers board;
deleted text begin (9)deleted text end new text begin (7) for a group of districts,new text end an education program is developed that provides for
more learning opportunities and course offerings, including the offering of advanced
placement courses, for students than is currently available in any single member district;
deleted text begin (10)deleted text end new text begin (8)new text end a plan is developed for providing instruction of any resident students in
other districts when distance to the deleted text begin secondarydeleted text end education facility makes attendance at the
facility unreasonably difficult or impractical; and
deleted text begin (11)deleted text end new text begin (9) for a secondary facility,new text end the joint powers board established under clause (2)
discusses with technical colleges located in the area how vocational education space in
the cooperative deleted text begin secondarydeleted text end facility could be jointly used for secondary and postsecondary
purposes.
(b) To the extent possible, the joint powers board is encouraged to provide for
severance pay or for early retirement incentives under section 122A.48, for any teacher
or administrator, as defined under section 122A.40, subdivision 1, who is placed on
unrequested leave as a result of the cooperative deleted text begin secondarydeleted text end facility agreement.
(c) For the purpose of paragraph (a), clause deleted text begin (8)deleted text end new text begin (6)new text end , each district must be considered
to have started school each year on the same date.
(d) The districts may develop a plan that provides for the location of social service,
health, and other programs serving pupils and community residents within the cooperative
deleted text begin secondarydeleted text end facility. The commissioner shall consider this plan when preparing a review
and comment on the proposed facility.
(e) The districts must schedule and conduct a meeting on library services. The
school districts, in cooperation with the regional public library system and its appropriate
member libraries, must discuss the possibility of including jointly operated library services
at the cooperative deleted text begin secondarydeleted text end facility.
(f) The board of a district that has reorganized under section 123A.37 or 123A.48
and that is applying for a grant for remodeling or improving an existing facility may act in
the place of a joint powers board to meet the criteria of this subdivision.
Subd. 3.
Reorganizing districts.
A district that is a member of a joint powers
board established under subdivision 2 and that is planning to reorganize under section
123A.45, 123A.46, or 123A.48 must notify the joint powers board one year in advance of
the effective date of the reorganization. Notwithstanding section 471.59 or any other law
to the contrary, the board of a district that reorganizes under section 123A.45, 123A.46, or
123A.48 may appoint representatives to the joint powers board who will serve on the joint
powers board for two years after the effective date of the reorganization if authorized in
the agreement establishing the joint powers board to govern the cooperative deleted text begin secondarydeleted text end
facility. These representatives shall have the same powers as representatives of any other
school district under the joint powers agreement.
Subd. 4.
District procedures.
A joint powers board of a deleted text begin secondarydeleted text end district
established under subdivision 2 or a school board of a reorganized district that intends
to apply for a grant must adopt a resolution stating the proposed costs of the project,
the purpose for which the costs are to be incurred, and an estimate of the dates when
the facilities for which the grant is requested will be contracted for and completed.
Applications for the state grants must be accompanied by (a) a copy of the resolution, (b)
a certificate by the clerk and treasurer of the joint powers board showing the current
outstanding indebtedness of each member district, and (c) a certificate by the county
auditor of each county in which a portion of the joint powers district lies showing the
information in the auditor's official records that is required to be used in computing the
debt limit of the district under section 475.53, subdivision 4. The clerk's and treasurer's
certificate must show, as to each outstanding bond issue of each member district, the
amount originally issued, the purpose for which issued, the date of issue, the amount
remaining unpaid as of the date of the resolution, and the interest rates and due dates
and amounts of principal thereon. Applications and necessary data must be in the
form prescribed by the commissioner deleted text begin and the rules of the State Board of Education
before December 31, 1999, and after December 30, 1999, in the form prescribed by the
commissionerdeleted text end . Applications must be received by the commissioner by September 1 of an
odd-numbered year. When an application is received, the commissioner shall obtain from
the commissioner of revenue, and from the Public Utilities Commission when required,
the information in their official records that is required to be used in computing the debt
limit of the joint powers district under section 475.53, subdivision 4.
Subd. 5.
Award of grants.
By November 1 of the odd-numbered year, the
commissioner shall examine and consider all applications for grants, and if any district is
found not qualified, the commissioner shall promptly notify that board.
A grant award is subject to verification by the district as specified in subdivision
8. A grant award for a new facility must not be made until the site of the deleted text begin secondarydeleted text end
facility has been determined. A grant award to remodel or improve an existing facility
must not be made until the districts have reorganized. If the total amount of the approved
applications exceeds the amount that is or can be made available, the commissioner
shall allot the available amount equally between the approved applicant districts. The
commissioner shall promptly certify to each qualified district the amount, if any, of the
grant awarded to it.
Subd. 6.
Collocation grant.
A group of districts that receives a grant for a new
facility under subdivision 4 is also eligible to receive an additional grant in the amount of
$1,000,000. To receive the additional grant, the group of districts must develop a plan
under subdivision 2, paragraph (d), that provides for the location of a significant number
of noneducational student and community service programs within the cooperative
deleted text begin secondarydeleted text end facility.
Subd. 7.
Referendum; bond issue.
Within 180 days after being awarded a grant
for a new facility under subdivision 5, the joint powers board must submit the question
of authorizing the borrowing of funds for the deleted text begin secondarydeleted text end facility to the voters of the joint
powers district at a special election, which may be held in conjunction with the annual
election of the school board members of the member districts. The question submitted
must state the total amount of funding needed from all sources. A majority of those voting
in the affirmative on the question is sufficient to authorize the joint powers board to accept
the grant and to issue the bonds on public sale deleted text begin in accordance withdeleted text end new text begin according tonew text end chapter
475. The clerk of the joint powers board must certify the vote of the bond election to the
commissioner. If the question is approved by the voters, the commissioner shall notify the
approved applicant districts that the grant amount certified under subdivision 5 is available
and appropriated for payment under this subdivision. If a majority of those voting on the
question do not vote in the affirmative, the grant must be canceled.
Subd. 8.
Contract.
Each grant must be evidenced by a contract between the board
and the state acting through the commissioner. The contract obligates the state to pay to
the board an amount computed according to subdivision 5, and according to a schedule,
and terms and conditions acceptable to the commissioner of finance.
Subd. 9.
Consolidation.
A group of districts that operates a cooperative deleted text begin secondarydeleted text end
facility that was acquired, constructed, remodeled, or improved under this section and
implements consolidation proceedings according to section 123A.48, may propose a
temporary school board structure in the petition or resolution required under section
123A.48, subdivision 2. The districts may propose the number of existing school board
members of each district to become members of the board of the consolidated district
and a method to gradually reduce the membership to six or seven. The proposal must
be approved, disapproved, or modified by the deleted text begin state board of educationdeleted text end new text begin commissionernew text end .
The election requirements of section 123A.48, subdivision 20, do not apply to a
proposal approved by the state board. Elections conducted after the effective date of the
consolidation are subject to the Minnesota Election Law.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 5.
Minnesota Statutes 2004, section 123B.10, subdivision 1, is amended to read:
Subdivision 1.
Budgets.
deleted text begin By October 1,deleted text end Every board must publish revenue and
expenditure budgets for the current year and the actual revenues, expenditures, fund
balances for the prior year and projected fund balances for the current year in a form
prescribed by the commissionernew text begin within one week of the acceptance of the final audit by
the board, or November 30, whichever is earliernew text end . The forms prescribed must be designed
so that year to year comparisons of revenue, expenditures and fund balances can be made.
These budgets, reports of revenue, expenditures and fund balances must be published in
a qualified newspaper of general circulation in the districtnew text begin or on the district's official
Web site. If published on the district's official Web site, the district must also publish an
announcement in a qualified newspaper of general circulation in the district that includes
the Internet address where the information has been postednew text end .
Sec. 6.
Minnesota Statutes 2004, section 123B.57, subdivision 6, is amended to read:
Subd. 6.
Uses of health and safety revenue.
(a) Health and safety revenue may
be used only for approved expenditures necessary to correct fire and life safety hazards,
or for the removal or encapsulation of asbestos from school buildings or property
owned or being acquired by the district, asbestos-related repairs, cleanup and disposal
of polychlorinated biphenyls found in school buildings or property owned or being
acquired by the district, or the cleanup, removal, disposal, and repairs related to storing
heating fuel or transportation fuels such as alcohol, gasoline, fuel oil, and special fuel,
as defined in section 296A.01, Minnesota occupational safety and health administration
regulated facility and equipment hazards, indoor air quality mold abatement, upgrades
or replacement of mechanical ventilation systems to meet American Society of Heating,
Refrigerating and Air Conditioning Engineers standards and State Mechanical Code,
Department of Health Food Code and swimming pool hazards excluding depth correction,
and health, safety, and environmental management. new text begin Testing and calibration activities are
permitted for existing mechanical ventilation systems at intervals no less than every five
years. new text end Health and safety revenue must not be used to finance a lease purchase agreement,
installment purchase agreement, or other deferred payments agreement. Health and safety
revenue must not be used for the construction of new facilities or the purchase of portable
classrooms, for interest or other financing expenses, or for energy efficiency projects
under section 123B.65. The revenue may not be used for a building or property or part
of a building or property used for postsecondary instruction or administration or for a
purpose unrelated to elementary and secondary education.
(b) Notwithstanding paragraph (a), health and safety revenue must not be used for
replacement of building materials or facilities including roof, walls, windows, internal
fixtures and flooring, nonhealth and safety costs associated with demolition of facilities,
structural repair or replacement of facilities due to unsafe conditions, violence prevention
and facility security, ergonomics, building and heating, ventilating and air conditioning
supplies, maintenance, new text begin and new text end cleaningdeleted text begin , testing, and calibrationdeleted text end activities. All assessments,
investigations, inventories, and support equipment not leading to the engineering or
construction of a project shall be included in the health, safety, and environmental
management costs in subdivision 8, paragraph (a).
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for revenue for fiscal year 2008
and later.
new text end
Sec. 7.
Minnesota Statutes 2004, section 123B.77, is amended by adding a subdivision
to read:
new text begin Subd. 1a. new text end
new text begin School district consolidated financial statement. new text end
new text begin
The commissioner,
in consultation with the advisory committee on financial management, accounting, and
reporting, shall develop and maintain a school district consolidated financial statement
format that converts uniform financial accounting and reporting standards data under
subdivision 1 into a more understandable format.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 8.
Minnesota Statutes 2004, section 127A.41, subdivision 2, is amended to read:
Subd. 2.
Errors in distribution.
On determining that the amount of state aid
distributed to a school district is in error, the commissioner is authorized to adjust the
amount of aid consistent with this subdivision. On determining that the amount of aid is
in excess of the school district's entitlement, the commissioner is authorized to recover
the amount of the excess by any appropriate means. Notwithstanding the fiscal years
designated by the appropriation, the excess may be recovered by reducing future aid
payments to the district. Notwithstanding any law to the contrary, if the aid reduced is not
of the same type as that overpaid, the district must adjust all necessary financial accounts
to properly reflect all revenues earned in accordance with the uniform financial accounting
and reporting standards pursuant to sections 123B.75 to 123B.83. Notwithstanding the
fiscal years designated by the appropriation, on determining that the amount of an aid paid
is less than the school district's entitlement, the commissioner is authorized to increase
such aid from the current appropriation.new text begin If the aid program has been discontinued and has
no appropriation, the appropriation for general education shall be used for recovery or
payment of the aid decrease or increase. Any excess of aid recovery over aid payment
shall be canceled to the state general fund.new text end
Sec. 9.
Minnesota Statutes 2004, section 181.101, is amended to read:
181.101 WAGES; HOW OFTEN PAID.
Every employer must pay all wages earned by an employee at least once every 31
days on a regular pay day designated in advance by the employer regardless of whether
the employee requests payment at longer intervals. Unless paid earlier, the wages earned
during the first half of the first 31-day pay period become due on the first regular payday
following the first day of work. If wages earned are not paid, the commissioner of labor
and industry or the commissioner's representative may demand payment on behalf of an
employee. If payment is not made within ten days of demand, the commissioner may
charge and collect the wages earned and a penalty in the amount of the employee's average
daily earnings at the rate agreed upon in the contract of employment, not exceeding 15
days in all, for each day beyond the ten-day limit following the demand. Money collected
by the commissioner must be paid to the employee concerned. This section does not
prevent an employee from prosecuting a claim for wages. This section does not prevent
a school district deleted text begin ordeleted text end new text begin , new text end other public school entitynew text begin , or other school, as defined under section
120A.22, new text end from paying any wages earned by its employees during a school year on regular
pay days in the manner provided by an applicable contract or collective bargaining
agreement, or a personnel policy adopted by the governing board. For purposes of this
section, "employee" includes a person who performs agricultural labor as defined in
section 181.85, subdivision 2. For purposes of this section, wages are earned on the
day an employee works.
Sec. 10.
Laws 2005, First Special Session chapter 5, article 4, section 25, subdivision
3, is amended to read:
Subd. 3. Debt service equalization. For debt service aid according to Minnesota
Statutes, section 123B.53, subdivision 6:
| $ |
deleted text begin
25,654,000 deleted text end new text begin 27,194,000 new text end |
..... |
2006 |
|
| $ |
deleted text begin
24,134,000 deleted text end new text begin 18,410,000 new text end |
..... |
2007 |
The 2006 appropriation includes deleted text begin $4,654,000deleted text end new text begin $4,653,000new text end for 2005 and deleted text begin $21,000,000deleted text end
new text begin $22,541,000new text end for 2006.
The 2007 appropriation includes deleted text begin $3,911,000deleted text end new text begin $2,504,000new text end for 2006 and deleted text begin $20,223,000deleted text end
new text begin $15,906,000new text end for 2007.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 11.
Laws 2005, First Special Session chapter 5, article 4, section 25, subdivision
6, is amended to read:
Subd. 6. Emergency aid, Red Lake. For Independent School District No. 38, Red
Lake, for onetime emergency aid to repair infrastructure damage to the Red Lake High
School as a result of the March 21, 2005, school shooting:
|
deleted text begin
50,000 deleted text end |
||||
| $ |
new text begin
524,000 new text end |
..... |
2006 |
The school district must submit deleted text begin proposed expenditures for these funds for review
and comment approval under Minnesota Statutes, section 123B.71deleted text end new text begin actual expenditure
information to support this appropriation to the Department of Educationnew text end , before the
commissioner releases the funds to the district. deleted text begin The district must report the amount of its
unreimbursed costs to the commissioner.
deleted text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 12. new text begin CONSOLIDATED FINANCIAL STATEMENT IMPLEMENTATION.
new text end
new text begin
The Department of Education shall pay for the implementation of the consolidated
financial statement system under Minnesota Statutes, section 123B.77, subdivision 1a,
from the department's existing biennial appropriations for fiscal years 2006 and 2007.
new text end
Sec. 13. new text begin HEALTH AND SAFETY REVENUE USES; BELLE PLAINE.
new text end
new text begin
Notwithstanding Minnesota Statutes, sections 123B.57 and 123B.59, upon approval
of the commissioner of education, Independent School District No. 716, Belle Plaine, may
use up to $125,000 of its health and safety revenue raised through an alternative facilities
bond for other qualifying health and safety projects.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 14. new text begin LEVY; RED WING.
new text end
new text begin
For taxes payable in 2007 only, Independent School District No. 256, Red Wing,
may levy an amount up to $158,000 for the construction deficit for building the community
ice arena.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for revenue for fiscal year 2007.
new text end
Sec. 15. new text begin APPROPRIATION; WASECA LEVY.
new text end
new text begin
Independent School District No. 829, Waseca, may levy up to $343,550 beginning
in 2006 over five years for health and safety revenue lost due to miscalculation. $316,000
is appropriated in fiscal year 2007 to the commissioner of education for payment of the aid
portion of lost revenue. If the district does not levy the full amount authorized within the
five-year period, other state aid due to the district shall be reduced proportionately. This is
a onetime appropriation for fiscal year 2007.
new text end
Sec. 16. new text begin APPROPRIATION; ROCORI SCHOOL DISTRICT.
new text end
new text begin
$137,000 is appropriated in fiscal year 2007 from the general fund to the
commissioner of education for a grant to Independent School District No. 750, Rocori.
The grant is for a continuation of district activities that were developed in concert with
the district's federal School Emergency Response to Violence, or Project SERV, grant.
The grant may be used to continue the district's recovery efforts, and uses include: an
academic program and impact of tragedy or program assessment of educational adequacy;
an organizational analysis; a strategic planning overview; a district assessment survey;
continued recovery support; staff development initiatives; and any other activities
developed in response to the federal Project SERV grant.
new text end
new text begin
The base budget for this program for fiscal year 2008 only is $53,000.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 17. new text begin FUND TRANSFERS.
new text end
new text begin Subdivision 1. new text end
new text begin A.C.G.C. new text end
new text begin
Notwithstanding Minnesota Statutes, sections 123B.79,
123B.80, and 475.61, subdivision 4, Independent School District No. 2396, A.C.G.C., on
June 30, 2006, may permanently transfer up to $219,000 from its debt redemption fund
to its reserved for operating capital account in its general fund and up to $203,000 from
its reserved account for disabled accessibility to its unrestricted general fund without
making a levy reduction.
new text end
new text begin Subd. 2. new text end
new text begin Alden-Conger. new text end
new text begin
Notwithstanding Minnesota Statutes, sections 123B.79 and
123B.80, as of June 30, 2006, Independent School District No. 242, Alden-Conger, may
permanently transfer up to $164,000 from its reserved for disabled accessibility account to
its unrestricted general fund account without making a levy reduction.
new text end
new text begin Subd. 3. new text end
new text begin Eden Valley-Watkins. new text end
new text begin
Notwithstanding Minnesota Statutes, sections
123B.79, 123B.80, and 475.61, subdivision 4, Independent School District No. 463, Eden
Valley-Watkins, as of June 30, 2006, may permanently transfer up to $50,000 from its debt
redemption fund to the capital account in its general fund without making a levy reduction.
new text end
new text begin Subd. 4. new text end
new text begin Fosston. new text end
new text begin
Notwithstanding Minnesota Statutes, sections 123B.79 and
123B.80, as of June 30, 2006, Independent School District No. 601, Fosston, may
permanently transfer up to $80,000 from its reserved for disabled accessibility account to
its unrestricted general fund account without making a levy reduction.
new text end
new text begin Subd. 5. new text end
new text begin Hopkins. new text end
new text begin
Notwithstanding Minnesota Statutes, section 123B.79 or
123B.80, on June 30, 2006, Independent School District No. 270, Hopkins, may
permanently transfer up to $300,000 from its community education reserve fund balance
to its undesignated general fund balance to assist the district in decreasing its statutory
operating debt.
new text end
new text begin Subd. 6. new text end
new text begin Lester Prairie. new text end
new text begin
Notwithstanding Minnesota Statutes, sections 123B.79
or 123B.80, on June 30, 2006, Independent School District No. 424, Lester Prairie, may
permanently transfer up to $150,000 from its reserved for operating capital account and up
to $107,000 from its reserved for severance account, to its undesignated balance in the
general fund.
new text end
new text begin Subd. 7. new text end
new text begin Milroy. new text end
new text begin
Notwithstanding Minnesota Statutes, section 123B.79 or 123B.80,
on June 30, 2006, Independent School District No. 635, Milroy, may permanently transfer
up to $26,000 from its reserved for disability accessibility account to its undesignated
general fund balance without making a levy reduction.
new text end
new text begin Subd. 8. new text end
new text begin New London-Spicer. new text end
new text begin
Notwithstanding Minnesota Statutes, sections
123B.79, 123B.80, and 475.61, subdivision 4, Independent School District No. 345, New
London-Spicer, may permanently transfer up to $150,000 each year for five years from its
debt redemption fund to its general fund without making a levy reduction for the purpose
of replacing the roof on the Prairie Woods Elementary School. The district must make its
initial transfer according to this section on June 30, 2006. The subsequent four transfers
must be made on June 30 of each subsequent year.
new text end
new text begin Subd. 9. new text end
new text begin Northland Community Schools. new text end
new text begin
Notwithstanding Minnesota Statutes,
section 123B.79 or 123B.80, on or before June 30, 2006, Independent School District No.
118, Northland Community Schools, may permanently transfer up to $197,000 from its
reserved for disabled accessibility account to its reserved for operating capital account in
its general fund without making a levy reduction.
new text end
new text begin Subd. 10. new text end
new text begin Rocori. new text end
new text begin
Notwithstanding Minnesota Statutes, sections 123B.79, 123B.80,
and 475.61, subdivision 4, on June 30, 2006, Independent School District No. 750, Rocori,
may permanently transfer up to $250,000 from its debt redemption fund to the operating
capital account in its general fund without making a levy reduction.
new text end
new text begin Subd. 11. new text end
new text begin Roseville. new text end
new text begin
Notwithstanding Minnesota Statutes, sections 123B.79,
123B.80, and 475.61, subdivision 4, on June 30, 2006, Independent School District No.
623, Roseville, may permanently transfer up to $90,000 from its debt redemption fund to
its general fund without making a levy reduction.
new text end
new text begin Subd. 12. new text end
new text begin Tyler. new text end
new text begin
Notwithstanding Minnesota Statutes, section 123B.79 or 123B.80,
Independent School District No. 409, Tyler, on June 30, 2006, may permanently transfer
up to $451,000 from its reserved for capital operating account to its debt redemption fund.
new text end
new text begin Subd. 13. new text end
new text begin Willmar. new text end
new text begin
Notwithstanding Minnesota Statutes, sections 123B.79,
123B.80, and 475.61, subdivision 4, Independent School District No. 347, Willmar, on
June 30, 2006, may permanently transfer up to $335,200 from its debt redemption fund to
its unrestricted general fund without making a levy reduction.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
ARTICLE 7
NUTRITION AND LIBRARIES
Section 1.
Minnesota Statutes 2005 Supplement, section 124D.111, subdivision 1,
is amended to read:
Subdivision 1.
School lunch aid computation.
Each school year, the state must pay
participants in the national school lunch program the amount of deleted text begin tendeleted text end new text begin 10.5new text end cents for each full
paid, reduced, and free student lunch served to students.
Sec. 2.
Laws 2005, First Special Session chapter 5, article 5, section 17, subdivision 2,
is amended to read:
Subd. 2. School lunch. For school lunch aid according to Minnesota Statutes,
section 124D.111, and Code of Federal Regulations, title 7, section 210.17:
| $ |
deleted text begin
8,998,000 deleted text end new text begin 9,760,000 new text end |
..... |
2006 |
|
| $ |
deleted text begin
9,076,000 deleted text end new text begin 10,391,000 new text end |
..... |
2007 |
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 3.
Laws 2005, First Special Session chapter 5, article 6, section 1, subdivision 2,
is amended to read:
Subd. 2. Basic system support. For basic system support grants under Minnesota
Statutes, section 134.355:
| $ | deleted text begin 8,570,000 deleted text end new text begin 9,058,000 new text end | ..... | 2006 | |
| $ | deleted text begin 8,570,000 deleted text end new text begin 9,020,000 new text end | ..... | 2007 |
The 2006 appropriation includes $1,345,000 for 2005 and deleted text begin $7,225,000 deleted text end new text begin $7,713,000
new text end for 2006.
The 2007 appropriation includes deleted text begin $1,345,000deleted text end new text begin $857,000 new text end for 2006 and deleted text begin $7,225,000
deleted text end new text begin $8,163,000 new text end for 2007.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
ARTICLE 8
STATE AGENCIES
Section 1.
Minnesota Statutes 2004, section 125A.65, subdivision 3, is amended to
read:
Subd. 3.
Educational program; tuition.
new text begin (a) new text end When it is determined pursuant to
section 125A.69, subdivision 1 or 2, that the child is entitled to attend either school,
the board of the Minnesota State Academies must provide the appropriate educational
program for the child.
new text begin (b) For fiscal year 2006, new text end the board of the Minnesota State Academies must make a
tuition charge to the child's district of residence for the cost of providing the program.
The amount of tuition charged must not exceed new text begin the sum of (1) new text end the general education
revenue formula allowance times the pupil unit weighting factor pursuant to section
126C.05 for that child, for the amount of time the child is in the programnew text begin , plus (2), if
the child was enrolled at the Minnesota State Academies on October 1 of the previous
fiscal year, the compensatory education revenue attributable to that child under section
126C.10, subdivision 3new text end . The district of the child's residence must pay the tuition and
may claim general education aid for the child. Tuition received by the board of the
Minnesota State Academies, except for new text begin tuition for compensatory education revenue under
this paragraph and new text end tuition received under subdivision 4, must be deposited in the state
treasury as provided in subdivision 8.
new text begin
(c) For fiscal year 2007 and later, the district of the child's residence shall
claim general education revenue for the child, except as provided in this paragraph.
Notwithstanding section 127A.47, subdivision 1, an amount equal to the general education
revenue formula allowance times the pupil unit weighting factor pursuant to section
126C.05 for that child for the amount of time the child is in the program, as adjusted
according to subdivision 8, paragraph (d), must be paid to the Minnesota State Academies.
Notwithstanding section 126C.15, subdivision 2, paragraph (d), the compensatory
education revenue under section 126C.10, subdivision 3, attributable to children enrolled at
the Minnesota State Academies on October 1 of the previous fiscal year must be paid to the
Minnesota State Academies. General education aid paid to the Minnesota State Academies
under this paragraph must be credited to their general operation account. Other general
education aid attributable to the child must be paid to the district of the child's residence.
new text end
Sec. 2.
Minnesota Statutes 2004, section 125A.65, subdivision 4, is amended to read:
Subd. 4.
Unreimbursed costs.
new text begin (a) For fiscal year 2006, new text end in addition to the tuition
charge allowed in subdivision 3, the academies may charge the child's district of residence
for the academy's unreimbursed cost of providing an instructional aide assigned to that
child,new text begin after deducting the special education aid under section 125A.76, attributable to the
child,new text end if that aide is required by the child's individual education plan. Tuition received
under this paragraph must be used by the academies to provide the required service.
new text begin
(b) For fiscal year 2007 and later, the special education aid paid to the academies
shall be increased by the academy's unreimbursed cost of providing an instructional
aide assigned to a child, after deducting the special education aid under section 125A.76
attributable to the child, if that aide is required by the child's individual education plan.
Aid received under this paragraph must be used by the academies to provide the required
service.
new text end
new text begin
(c) For fiscal year 2007 and later, the special education aid paid to the district of
the child's residence shall be reduced by the amount paid to the academies for district
residents under paragraph (b).
new text end
new text begin
(d) Notwithstanding section 127A.45, subdivision 3, beginning in fiscal year 2008,
the commissioner shall make an estimated final adjustment payment to the Minnesota
State Academies for general education aid and special education aid for the prior fiscal
year by August 15.
new text end
Sec. 3.
Minnesota Statutes 2004, section 125A.65, subdivision 6, is amended to read:
Subd. 6.
Tuition reduction.
Notwithstanding the provisions of subdivisions 3 and
5, the board of the Minnesota State Academies may agree to make a tuition chargenew text begin , or
receive an aid adjustment, as applicable,new text end for less than the amount specified in subdivision
3 for pupils attending the applicable school who are residents of the district where the
institution is located and who do not board at the institution, if that district agrees to make
a tuition charge to the board of the Minnesota State Academies for less than the amount
specified in subdivision 5 for providing appropriate educational programs to pupils
attending the applicable school.
Sec. 4.
Minnesota Statutes 2004, section 125A.65, subdivision 8, is amended to read:
Subd. 8.
Student count; tuition.
(a) On May 1, 1996, and each year thereafter,
the board of the Minnesota State Academies shall count the actual number of Minnesota
resident special education eligible students enrolled and receiving education services at the
Minnesota State Academy for the Deaf and the Minnesota State Academy for the Blind.
new text begin (b) For fiscal year 2006, new text end the board of the Minnesota State Academies shall deposit in
the state treasury an amount equal to all tuition received new text begin for the basic revenue according to
subdivision 3, new text end less the amount calculated in paragraph deleted text begin (b)deleted text end new text begin (c)new text end .
deleted text begin (b)deleted text end new text begin (c) For fiscal year 2006,new text end the Minnesota State Academies shall credit to their
general operation account an amount equal to the tuition received which represents tuition
earned for the total number of students over 175 based on:
(1) the total number of enrolled students on May 1 less 175; times
(2) the ratio of the number of students in that grade category to the total number of
students on May 1; times
(3) the general education revenue formula allowance; times
(4) the pupil unit weighting factor pursuant to section 126C.05.
new text begin
(d) For fiscal year 2007 and later, the Minnesota State Academies shall report to
the department the number of students by grade level counted according to paragraph (a).
The amount paid to the Minnesota State Academies under subdivision 3, paragraph (c),
must be reduced by an amount equal to:
new text end
new text begin
(1) the ratio of 175 to the total number of students on May 1; times
new text end
new text begin
(2) the total basic revenue determined according to subdivision 3, paragraph (c).
new text end
Sec. 5.
Minnesota Statutes 2004, section 125A.65, subdivision 10, is amended to read:
Subd. 10.
Annual appropriation.
There is annually appropriated to the department
for the Minnesota State Academies the tuition new text begin or aid payment new text end amounts received and
credited to the general operation account of the academies under this section. A balance
in an appropriation under this paragraph does not cancel but is available in successive
fiscal years.
Sec. 6.
Minnesota Statutes 2004, section 125A.69, subdivision 3, is amended to read:
Subd. 3.
Out-of-state admissions.
An applicant from another state who can benefit
from attending either academy may be admitted to the academy if the admission does not
prevent an eligible Minnesota resident from being admitted. The board of the Minnesota
State Academies must obtain reimbursement from the other state for the costs of the
out-of-state admission. The state board may enter into an agreement with the appropriate
authority in the other state for the reimbursement. Money received from another state
must be deposited in the deleted text begin generaldeleted text end new text begin special revenuenew text end fund and credited to the general operating
account of the academies. The money is appropriated to the academies.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective retroactively from fiscal year 2001.
new text end
Sec. 7.
Laws 2005, First Special Session chapter 5, article 10, section 5, subdivision 2,
is amended to read:
Subd. 2. Department. (a) For the Department of Education:
| $ | 21,997,000 | ..... | 2006 | |
| $ | deleted text begin 22,847,000 deleted text end new text begin 22,867,000 new text end | ..... | 2007 |
Any balance in the first year does not cancel but is available in the second year.
(b) $260,000 each year is for the Minnesota Children's Museum.
(c) $41,000 each year is for the Minnesota Academy of Science.
(d) $605,000 each year is for the Board of Teaching.
(e) $160,000 each year is for the Board of School Administrators.
(f) $300,000 in fiscal year 2006 and $1,150,000 in fiscal year 2007 are for the
value-added index assessment model.
(g) The expenditures of federal grants and aids as shown in the biennial budget
document and its supplements are approved and appropriated and shall be spent as
indicated.
new text begin (h) The base for fiscal years 2008 and 2009 is $22,847,000.
new text end
ARTICLE 9
EDUCATION FORECAST ADJUSTMENTS
A. GENERAL EDUCATION
Section 1.
Laws 2005, First Special Session chapter 5, article 1, section 54, subdivision
3, is amended to read:
Subd. 3. Referendum tax base replacement aid. For referendum tax base
replacement aid under Minnesota Statutes, section 126C.17, subdivision 7a:
| $ |
deleted text begin 8,704,000deleted text end new text begin 9,200,000 new text end |
..... |
2006 |
|
| $ |
8,704,000 |
..... |
2007 |
The 2006 appropriation includes $1,366,000 for 2005 and deleted text begin $7,338,000 deleted text end new text begin $7,834,000new text end
for 2006.
The 2007 appropriation includes deleted text begin $1,366,000 deleted text end new text begin $870,000new text end for 2006 and deleted text begin $7,338,000deleted text end
new text begin $7,834,000 new text end for 2007.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 2.
Laws 2005, First Special Session chapter 5, article 1, section 54, subdivision 5,
is amended to read:
Subd. 5. Abatement revenue. For abatement aid under Minnesota Statutes, section
127A.49:
| $ |
deleted text begin
903,000 deleted text end new text begin 909,000 new text end |
..... |
2006 |
|
| $ |
deleted text begin
955,000 deleted text end new text begin 1,026,000 new text end |
..... |
2007 |
The 2006 appropriation includes $187,000 for 2005 and deleted text begin $716,000deleted text end new text begin $722,000 new text end for 2006.
The 2007 appropriation includes deleted text begin $133,000deleted text end new text begin $80,000 new text end for 2006 and deleted text begin $822,000deleted text end new text begin $946,000
new text end for 2007.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 3.
Laws 2005, First Special Session chapter 5, article 1, section 54, subdivision 6,
is amended to read:
Subd. 6. Consolidation transition. For districts consolidating under Minnesota
Statutes, section 123A.485:
| $ |
deleted text begin
253,000 deleted text end new text begin 527,000 new text end |
..... |
2007 |
The 2007 appropriation includes $0 for 2006 and deleted text begin $253,000deleted text end new text begin $527,000new text end for 2007.
Sec. 4.
Laws 2005, First Special Session chapter 5, article 1, section 54, subdivision 7,
is amended to read:
Subd. 7. Nonpublic pupil education aid. For nonpublic pupil education aid under
Minnesota Statutes, sections 123B.87 and 123B.40 to 123B.43:
| $ |
deleted text begin
15,370,000 deleted text end new text begin 15,458,000 new text end |
..... |
2006 |
|
| $ |
deleted text begin
16,434,000 deleted text end new text begin 15,991,000 new text end |
..... |
2007 |
The 2006 appropriation includes deleted text begin $2,305,000 deleted text end new text begin $1,864,000 new text end for 2005 and deleted text begin $13,065,000
deleted text end new text begin $13,594,000 new text end for 2006.
The 2007 appropriation includes deleted text begin $2,433,000 deleted text end new text begin $1,510,000 new text end for 2006 and deleted text begin $14,001,000
deleted text end new text begin $14,481,000 new text end for 2007.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 5.
Laws 2005, First Special Session chapter 5, article 1, section 54, subdivision 8,
is amended to read:
Subd. 8. Nonpublic pupil transportation. For nonpublic pupil transportation aid
under Minnesota Statutes, section 123B.92, subdivision 9:
| $ |
deleted text begin
21,451,000 deleted text end new text begin 21,371,000 new text end |
..... |
2006 |
|
| $ |
deleted text begin
23,043,000 deleted text end new text begin 20,843,000 new text end |
..... |
2007 |
The 2006 appropriation includes $3,274,000 for 2005 and deleted text begin $18,177,000 deleted text end new text begin $18,097,000new text end
for 2006.
The 2007 appropriation includes deleted text begin $3,385,000deleted text end new text begin $2,010,000new text end for 2006 and deleted text begin $19,658,000deleted text end
new text begin $18,833,000new text end for 2007.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
B. EDUCATION EXCELLENCE
Sec. 6.
Laws 2005, First Special Session chapter 5, article 2, section 84, subdivision 2,
is amended to read:
Subd. 2. Charter school building lease aid. For building lease aid under Minnesota
Statutes, section 124D.11, subdivision 4:
| $ |
deleted text begin
25,465,000 deleted text end new text begin 25,331,000 new text end |
..... |
2006 |
|
| $ |
deleted text begin
30,929,000 deleted text end new text begin 27,806,000 new text end |
..... |
2007 |
The 2006 appropriation includes deleted text begin $3,324,000deleted text end new text begin $3,173,000 new text end for 2005 and deleted text begin $22,141,000deleted text end
new text begin $22,158,000new text end for 2006.
The 2007 appropriation includes deleted text begin $4,123,000deleted text end new text begin $2,462,000 new text end for 2006 and deleted text begin $26,806,000deleted text end
new text begin $25,344,000 new text end for 2007.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 7.
Laws 2005, First Special Session chapter 5, article 2, section 84, subdivision 3,
is amended to read:
Subd. 3. Charter school startup aid. For charter school startup cost aid under
Minnesota Statutes, section 124D.11:
| $ |
deleted text begin
1,393,000 deleted text end new text begin 1,291,000 new text end |
..... |
2006 |
|
| $ |
deleted text begin
3,185,000 deleted text end new text begin 2,347,000 new text end |
..... |
2007 |
The 2006 appropriation includes $0 for 2005 and deleted text begin $1,393,000 deleted text end new text begin $1,291,000new text end for 2006.
The 2007 appropriation includes deleted text begin $259,000deleted text end new text begin $143,000 new text end for 2006 and deleted text begin $2,926,000deleted text end
new text begin $2,204,000new text end for 2007.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 8.
Laws 2005, First Special Session chapter 5, article 2, section 84, subdivision 4,
is amended to read:
Subd. 4. Integration aid. For integration aid under Minnesota Statutes, section
124D.86, subdivision 5:
| $ |
deleted text begin
57,801,000 deleted text end new text begin 59,404,000 new text end |
..... |
2006 |
|
| $ |
deleted text begin
57,536,000 deleted text end new text begin 58,405,000 new text end |
..... |
2007 |
The 2006 appropriation includes $8,545,000 for 2005 and deleted text begin $49,256,000deleted text end new text begin $50,859,000
new text end for 2006.
The 2007 appropriation includes deleted text begin $9,173,000deleted text end new text begin $5,650,000 new text end for 2006 and deleted text begin $48,363,000deleted text end
new text begin $52,755,000 new text end for 2007.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 9.
Laws 2005, First Special Session chapter 5, article 2, section 84, subdivision 6,
is amended to read:
Subd. 6. Interdistrict desegregation or integration transportation grants. For
interdistrict desegregation or integration transportation grants under Minnesota Statutes,
section 124D.87:
| $ |
deleted text begin
7,768,000 deleted text end new text begin 6,032,000 new text end |
..... |
2006 |
|
| $ |
deleted text begin
9,908,000 deleted text end new text begin 10,134,000 new text end |
..... |
2007 |
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 10.
Laws 2005, First Special Session chapter 5, article 2, section 84, subdivision
7, is amended to read:
Subd. 7. Success for the future. For American Indian success for the future grants
under Minnesota Statutes, section 124D.81:
| $ |
deleted text begin
2,137,000 deleted text end new text begin 2,240,000 new text end |
..... |
2006 |
|
| $ |
2,137,000 |
..... |
2007 |
The 2006 appropriation includes deleted text begin $335,000deleted text end new text begin $316,000new text end for 2005 and deleted text begin $1,802,000deleted text end
new text begin $1,924,000 new text end for 2006.
The 2007 appropriation includes deleted text begin $335,000deleted text end new text begin $213,000 new text end for 2006 and deleted text begin $1,802,000deleted text end
new text begin $1,924,000new text end for 2007.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 11.
Laws 2005, First Special Session chapter 5, article 2, section 84, subdivision
10, is amended to read:
Subd. 10. Tribal contract schools. For tribal contract school aid under Minnesota
Statutes, section 124D.83:
| $ |
deleted text begin
2,389,000 deleted text end new text begin 2,338,000 new text end |
..... |
2006 |
|
| $ |
deleted text begin
2,603,000 deleted text end new text begin 2,357,000 new text end |
..... |
2007 |
The 2006 appropriation includes $348,000 for 2005 and deleted text begin $2,041,000deleted text end new text begin $1,990,000new text end
for 2006.
The 2007 appropriation includes deleted text begin $380,000deleted text end new text begin $221,000new text end for 2006 and deleted text begin $2,223,000deleted text end
new text begin $2,136,000new text end for 2007.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
C. SPECIAL PROGRAMS
Sec. 12.
Laws 2005, First Special Session chapter 5, article 3, section 18, subdivision
2, is amended to read:
Subd. 2. Special education; regular. For special education aid under Minnesota
Statutes, section 125A.75:
| $ |
deleted text begin
528,846,000 deleted text end new text begin 559,485,000 new text end |
..... |
2006 |
|
| $ |
deleted text begin
527,446,000 deleted text end new text begin 528,106,000 new text end |
..... |
2007 |
The 2006 appropriation includes $83,078,000 for 2005 and deleted text begin $445,768,000deleted text end
new text begin $476,407,000new text end for 2006.
The 2007 appropriation includes deleted text begin $83,019,000deleted text end new text begin $52,934,000new text end for 2006 and
deleted text begin $444,427,000deleted text end new text begin $475,172,000new text end for 2007.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 13.
Laws 2005, First Special Session chapter 5, article 3, section 18, subdivision
3, is amended to read:
Subd. 3. Aid for children with disabilities. For aid under Minnesota Statutes,
section 125A.75, subdivision 3, for children with disabilities placed in residential facilities
within the district boundaries for whom no district of residence can be determined:
| $ |
deleted text begin
2,212,000 deleted text end new text begin 1,527,000 new text end |
..... |
2006 |
|
| $ |
deleted text begin
2,615,000 deleted text end new text begin 1,624,000 new text end |
..... |
2007 |
If the appropriation for either year is insufficient, the appropriation for the other
year is available.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 14.
Laws 2005, First Special Session chapter 5, article 3, section 18, subdivision
4, is amended to read:
Subd. 4. Travel for home-based services. For aid for teacher travel for home-based
services under Minnesota Statutes, section 125A.75, subdivision 1:
| $ |
deleted text begin
187,000 deleted text end new text begin 198,000 new text end |
..... |
2006 |
|
| $ |
195,000 |
..... |
2007 |
The 2006 appropriation includes $28,000 for 2005 and deleted text begin $159,000deleted text end new text begin $170,000new text end for 2006.
The 2007 appropriation includes deleted text begin $29,000deleted text end new text begin $18,000new text end for 2006 and deleted text begin $166,000deleted text end new text begin $177,000new text end
for 2007.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 15.
Laws 2005, First Special Session chapter 5, article 3, section 18, subdivision
5, is amended to read:
Subd. 5. Special education; excess costs. For excess cost aid under Minnesota
Statutes, section 125A.79, subdivision 7:
| $ |
deleted text begin
102,083,000 deleted text end new text begin 106,453,000 new text end |
..... |
2006 |
|
| $ |
deleted text begin
104,286,000 deleted text end new text begin 104,333,000 new text end |
..... |
2007 |
The 2006 appropriation includes $37,455,000 for 2005 and deleted text begin $64,628,000deleted text end new text begin $68,998,000new text end
for 2006.
The 2007 appropriation includes deleted text begin $38,972,000deleted text end new text begin $34,602,000new text end for 2006 and deleted text begin $65,314,000deleted text end
new text begin $69,731,000new text end for 2007.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 16.
Laws 2005, First Special Session chapter 5, article 3, section 18, subdivision
6, is amended to read:
Subd. 6. Transition for disabled students. For aid for transition programs for
children with disabilities under Minnesota Statutes, section 124D.454:
| $ |
deleted text begin
8,788,000 deleted text end new text begin 9,300,000 new text end |
..... |
2006 |
|
| $ |
deleted text begin
8,765,000 deleted text end new text begin 8,781,000 new text end |
..... |
2007 |
The 2006 appropriation includes $1,380,000 for 2005 and deleted text begin $7,408,000deleted text end new text begin $7,920,000new text end
for 2006.
The 2007 appropriation includes deleted text begin $1,379,000deleted text end new text begin $880,000new text end for 2006 and deleted text begin $7,386,000deleted text end
new text begin $7,901,000new text end for 2007.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 17.
Laws 2005, First Special Session chapter 5, article 3, section 18, subdivision
7, is amended to read:
Subd. 7. Court-placed special education revenue. For reimbursing serving
school districts for unreimbursed eligible expenditures attributable to children placed in
the serving school district by court action under Minnesota Statutes, section 125A.79,
subdivision 4:
| $ |
deleted text begin
65,000 deleted text end new text begin 46,000 new text end |
..... |
2006 |
|
| $ |
70,000 |
..... |
2007 |
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 18.
Laws 2005, First Special Session chapter 5, article 4, section 25, subdivision
2, is amended to read:
Subd. 2. Health and safety revenue. For health and safety aid according to
Minnesota Statutes, section 123B.57, subdivision 5:
| $ |
deleted text begin
802,000 deleted text end new text begin 823,000 new text end |
..... |
2006 |
|
| $ |
deleted text begin
578,000 deleted text end new text begin 352,000 new text end |
..... |
2007 |
The 2006 appropriation includes $211,000 for 2005 and deleted text begin $591,000deleted text end new text begin $612,000new text end for 2006.
The 2007 appropriation includes deleted text begin $109,000deleted text end new text begin $68,000new text end for 2006 and deleted text begin $469,000deleted text end new text begin $284,000new text end
for 2007.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 19.
Laws 2005, First Special Session chapter 5, article 4, section 25, subdivision
4, is amended to read:
Subd. 4. Alternative facilities bonding aid. For alternative facilities bonding aid,
according to Minnesota Statutes, section 123B.59, subdivision 1:
| $ |
deleted text begin
19,287,000 deleted text end new text begin 20,387,000 new text end |
..... |
2006 |
|
| $ |
19,287,000 |
..... |
2007 |
The 2006 appropriation includes $3,028,000 for 2005 and deleted text begin $16,259,000deleted text end new text begin $17,359,000new text end
for 2006.
The 2007 appropriation includes deleted text begin $3,028,000deleted text end new text begin $1,928,000new text end for 2006 and deleted text begin $16,259,000deleted text end
new text begin $17,359,000new text end for 2007.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
D. NUTRITION AND ACCOUNTING
Sec. 20.
Laws 2005, First Special Session chapter 5, article 5, section 17, subdivision
3, is amended to read:
Subd. 3. Traditional school breakfast; kindergarten milk. For traditional school
breakfast aid and kindergarten milk under Minnesota Statutes, sections 124D.1158 and
124D.118:
| $ |
deleted text begin
4,878,000 deleted text end new text begin 4,856,000 new text end |
..... |
2006 |
|
| $ |
deleted text begin
4,968,000 deleted text end new text begin 5,044,000 new text end |
..... |
2007 |
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
E. LIBRARIES
Sec. 21.
Laws 2005, First Special Session chapter 5, article 6, section 1, subdivision 3,
is amended to read:
Subd. 3. Multicounty, multitype library systems. For grants under Minnesota
Statutes, sections 134.353 and 134.354, to multicounty, multitype library systems:
| $ |
deleted text begin 903,000deleted text end new text begin 954,000 new text end |
..... |
2006 |
|
| $ |
903,000 |
..... |
2007 |
The 2006 appropriation includes $141,000 for 2005 and deleted text begin $762,000deleted text end new text begin $813,000new text end for 2006.
The 2007 appropriation includes deleted text begin $141,000deleted text end new text begin $90,000new text end for 2006 and deleted text begin $762,000deleted text end new text begin $813,000new text end
for 2007.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 22.
Laws 2005, First Special Session chapter 5, article 6, section 1, subdivision 5,
is amended to read:
Subd. 5. Regional library telecommunications aid. For regional library
telecommunications aid under Minnesota Statutes, section 134.355:
| $ |
deleted text begin 1,200,000deleted text end new text begin 1,268,000 new text end |
..... |
2006 |
|
| $ |
1,200,000 |
..... |
2007 |
The 2006 appropriation includes $188,000 for 2005 and deleted text begin $1,012,000deleted text end new text begin $1,080,000new text end
for 2006.
The 2007 appropriation includes deleted text begin $188,000deleted text end new text begin $120,000new text end for 2006 and deleted text begin $1,012,000deleted text end
new text begin $1,080,000new text end for 2007.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
F. EARLY CHILDHOOD EDUCATION
Sec. 23.
Laws 2005, First Special Session chapter 5, article 7, section 20, subdivision
2, is amended to read:
Subd. 2. School readiness. For revenue for school readiness programs under
Minnesota Statutes, sections 124D.15 and 124D.16:
| $ |
deleted text begin
9,020,000 deleted text end new text begin 9,528,000 new text end |
..... |
2006 |
|
| $ |
deleted text begin
9,042,000 deleted text end new text begin 9,020,000 new text end |
..... |
2007 |
The 2006 appropriation includes deleted text begin $1,417,000deleted text end new text begin $1,415,000new text end for 2005 and deleted text begin $7,603,000deleted text end
new text begin $8,113,000new text end for 2006.
The 2007 appropriation includes deleted text begin $1,415,000deleted text end new text begin $901,000new text end for 2006 and deleted text begin $7,627,000deleted text end
new text begin $8,119,000new text end for 2007.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
G. PREVENTION
Sec. 24.
Laws 2005, First Special Session chapter 5, article 8, section 8, subdivision 2,
is amended to read:
Subd. 2. Community education aid. For community education aid under
Minnesota Statutes, section 124D.20:
| $ |
deleted text begin
1,918,000 deleted text end new text begin 2,043,000 new text end |
..... |
2006 |
|
| $ |
deleted text begin
1,837,000 deleted text end new text begin 1,949,000 new text end |
..... |
2007 |
The 2006 appropriation includes deleted text begin $390,000deleted text end new text begin $385,000new text end for 2005 and deleted text begin $1,528,000deleted text end
new text begin $1,658,000new text end for 2006.
The 2007 appropriation includes deleted text begin $284,000deleted text end new text begin $184,000new text end for 2006 and deleted text begin $1,553,000deleted text end
new text begin $1,765,000new text end for 2007.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 25.
Laws 2005, First Special Session chapter 5, article 8, section 8, subdivision 3,
is amended to read:
Subd. 3. Adults with disabilities program aid. For adults with disabilities
programs under Minnesota Statutes, section 124D.56:
| $ |
deleted text begin
710,000 deleted text end new text begin 750,000 new text end |
..... |
2006 |
|
| $ |
710,000 |
..... |
2007 |
The 2006 appropriation includes $111,000 for 2005 and deleted text begin $599,000deleted text end new text begin $639,000new text end for 2006.
The 2007 appropriation includes deleted text begin $111,000deleted text end new text begin $71,000new text end for 2006 and deleted text begin $599,000deleted text end new text begin $639,000new text end
for 2007.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 26.
Laws 2005, First Special Session chapter 5, article 8, section 8, subdivision 5,
is amended to read:
Subd. 5. School-age care revenue. For extended day aid under Minnesota Statutes,
section 124D.22:
| $ | 17,000 | ..... | 2006 | |
| deleted text begin 7,000 deleted text end | ||||
| $ | new text begin 4,000 new text end | ....... | 2007 |
The 2006 appropriation includes $4,000 for 2005 and $13,000 for 2006.
The 2007 appropriation includes deleted text begin $2,000deleted text end new text begin $1,000new text end for 2006 and deleted text begin $5,000deleted text end new text begin $3,000new text end for 2007.
ARTICLE 10
TECHNICAL AND CONFORMING AMENDMENTS
Section 1.
Minnesota Statutes 2005 Supplement, section 120B.11, subdivision 2, is
amended to read:
Subd. 2.
Adopting policies.
deleted text begin (a)deleted text end A school board shall have in place an adopted
written policy that includes the following:
(1) district goals for instruction including the use of best practices, district and
school curriculum, and achievement for all student subgroups;
(2) a process for evaluating each student's progress toward meeting academic
standards and identifying the strengths and weaknesses of instruction and curriculum
affecting students' progress;
(3) a system for periodically reviewing and evaluating all instruction and curriculum;
(4) a plan for improving instruction, curriculum, and student achievement; and
(5) an education effectiveness plan aligned with section 122A.625 that integrates
instruction, curriculum, and technology.
Sec. 2.
Minnesota Statutes 2004, section 121A.15, subdivision 10, is amended to read:
Subd. 10.
Requirements for immunization statements.
new text begin (a) new text end A statement required
to be submitted under subdivisions 1, 2, and 4 to document evidence of immunization
shall include month, day, and year for immunizations administered after January 1, 1990.
deleted text begin
(a) For persons enrolled in grades 7 and 12 during the 1996-1997 school term, the
statement must indicate that the person has received a dose of tetanus and diphtheria
toxoid no earlier than 11 years of age.
deleted text end
deleted text begin
(b) Except as specified in paragraph (e), for persons enrolled in grades 7, 8, and 12
during the 1997-1998 school term, the statement must indicate that the person has received
a dose of tetanus and diphtheria toxoid no earlier than 11 years of age.
deleted text end
deleted text begin
(c) Except as specified in paragraph (e), for persons enrolled in grades 7 through
12 during the 1998-1999 school term and for each year thereafter, the statement must
indicate that the person has received a dose of tetanus and diphtheria toxoid no earlier
than 11 years of age.
deleted text end
deleted text begin
(d) For persons enrolled in grades 7 through 12 during the 1996-1997 school year
and for each year thereafter, the statement must indicate that the person has received at
least two doses of vaccine against measles, mumps, and rubella, given alone or separately
and given not less than one month apart.
deleted text end
deleted text begin (e) deleted text end new text begin (b) new text end A person who has received at least three doses of tetanus and diphtheria
toxoids, with the most recent dose given after age six and before age 11, is not required to
have additional immunization against diphtheria and tetanus until ten years have elapsed
from the person's most recent dose of tetanus and diphtheria toxoid.
deleted text begin (f) deleted text end new text begin (c) new text end The requirement for hepatitis B vaccination shall apply to persons enrolling in
kindergarten beginning with the 2000-2001 school term.
deleted text begin (g) deleted text end new text begin (d) new text end The requirement for hepatitis B vaccination shall apply to persons enrolling
in grade 7 beginning with the 2001-2002 school term.
Sec. 3.
Minnesota Statutes 2005 Supplement, section 123B.04, subdivision 2, is
amended to read:
Subd. 2.
Agreement.
(a) Upon the request of 60 percent of the licensed employees
of a site or a school site decision-making team, the school board shall enter into
discussions to reach an agreement concerning the governance, management, or control of
the school. A school site decision-making team may include the school principal, teachers
in the school or their designee, other employees in the school, representatives of pupils
in the school, or other members in the community. A school site decision-making team
must include at least one parent of a pupil in the school. For purposes of formation of a
new site, a school site decision-making team may be a team of teachers that is recognized
by the board as a site. The school site decision-making team shall include the school
principal or other person having general control and supervision of the school. The site
decision-making team must reflect the diversity of the education site. At least one-half
of the members shall be employees of the district, unless an employee is the parent of a
student enrolled in the school site, in which case the employee may elect to serve as a
parent member of the site team.
(b) School site decision-making agreements must delegate powers, duties, and
broad management responsibilities to site teams and involve staff members, students as
appropriate, and parents in decision making.
(c) An agreement shall include a statement of powers, duties, responsibilities, and
authority to be delegated to and within the site.
(d) An agreement may include:
(1) an achievement contract according to subdivision 4;
(2) a mechanism to allow principals, a site leadership team, or other persons having
general control and supervision of the school, to make decisions regarding how financial
and personnel resources are best allocated at the site and from whom goods or services
are purchased;
(3) a mechanism to implement parental involvement programs under section
124D.895 and to provide for effective parental communication and feedback on this
involvement at the site level;
(4) a provision that would allow the team to determine who is hired into licensed
and nonlicensed positions;
(5) a provision that would allow teachers to choose the principal or other person
having general control;
(6) an amount of revenue allocated to the site under subdivision 3; and
(7) any other powers and duties determined appropriate by the board.
The school board of the district remains the legal employer under clauses (4) and (5).
(e) Any powers or duties not delegated to the school site management team in the
school site management agreement shall remain with the school board.
(f) Approved agreements shall be filed with the commissioner. If a school board
denies a request or the school site and school board fail to reach an agreement to enter
into a school site management agreement, the school board shall provide a copy of the
request and the reasons for its denial to the commissioner.
(g) A site decision-making grant program is established, consistent with this
subdivision, to allow sites to implement an agreement that at least:
(1) notwithstanding subdivision 3, allocates to the site all revenue that is attributable
to the students at that site;
(2) new text begin includes new text end a provision, consistent with current law and the collective bargaining
agreement in effect, new text begin that new text end allows the site team to decide who is selected from within the
district for licensed and nonlicensed positions at the site and to make staff assignments
in the site; and
(3) includes a completed performance agreement under subdivision 4.
The commissioner shall establish the form and manner of the application for a grant
and annually, at the end of each fiscal year, report to the house of representatives and
senate committees having jurisdiction over education on the progress of the program.
Sec. 4.
Minnesota Statutes 2004, section 125A.62, subdivision 1, is amended to read:
Subdivision 1.
Governance.
The board of the Minnesota State Academies shall
govern the State deleted text begin Academiesdeleted text end new text begin Academynew text end for the Deaf and the State Academy for the Blind.
The board must promote academic standards based on high expectation and an assessment
system to measure academic performance toward the achievement of those standards. The
board must focus on the academies' needs as a whole and not prefer one school over the
other. The board of the Minnesota State Academies shall consist of nine persons. The
members of the board shall be appointed by the governor with the advice and consent of
the senate. One member must be from the seven-county metropolitan area, one member
must be from greater Minnesota, and one member may be appointed at-large. The board
must be composed of:
(1) one present or former superintendent of an independent school district;
(2) one present or former special education director;
(3) the commissioner of education or the commissioner's designee;
(4) one member of the blind community;
(5) one member of the deaf community;
(6) two members of the general public with business, administrative, or financial
expertise;
(7) one nonvoting, unpaid ex officio member appointed by the site council for the
State Academy for the Deaf; and
(8) one nonvoting, unpaid ex officio member appointed by the site council for the
State Academy for the Blind.
Sec. 5.
Minnesota Statutes 2005 Supplement, section 126C.10, subdivision 24, is
amended to read:
Subd. 24.
Equity revenue.
(a) A school district qualifies for equity revenue if:
(1) the school district's adjusted marginal cost pupil unit amount of basic revenue,
supplemental revenue, transition revenue, and referendum revenue is less than the value of
the school district at or immediately above the 95th percentile of school districts in its
equity region for those revenue categories; and
(2) the school district's administrative offices are not located in a city of the first
class on July 1, 1999.
(b) Equity revenue for a qualifying district that receives referendum revenue under
section 126C.17, subdivision 4, equals the product of (1) the district's adjusted marginal
cost pupil units for that year; times (2) the sum of (i) $13, plus (ii) $75, times the school
district's equity index computed under subdivision 27.
(c) Equity revenue for a qualifying district that does not receive referendum revenue
under section 126C.17, subdivision 4, equals the product of the district's adjusted marginal
cost pupil units for that year times $13.
(d) A school district's equity revenue is increased by the greater of zero or an amount
equal to the district's resident marginalnew text begin costnew text end pupil units times the difference between ten
percent of the statewide average amount of referendum revenue per resident marginal cost
pupil unit for that year and the district's referendum revenue per resident marginal cost
pupil unit. A school district's revenue under this paragraph must not exceed $100,000 for
that year.
(e) A school district's equity revenue for a school district located in the metro equity
region equals the amount computed in paragraphs (b), (c), and (d) multiplied by 1.25.
(f) For fiscal year 2007 and later, notwithstanding paragraph (a), clause (2), a school
district that has per pupil referendum revenue below the 95th percentile qualifies for
additional equity revenue equal to $46 times its adjusted marginal cost pupil unit.
(g) A district that does not qualify for revenue under paragraph (f) qualifies for
equity revenue equal to one-half of the per pupil allowance in paragraph (f) times its
adjusted marginal cost pupil units.
Sec. 6.
Minnesota Statutes 2005 Supplement, section 626.556, subdivision 2, is
amended to read:
Subd. 2.
Definitions.
As used in this section, the following terms have the meanings
given them unless the specific content indicates otherwise:
(a) "Family assessment" means a comprehensive assessment of child safety, risk
of subsequent child maltreatment, and family strengths and needs that is applied to a
child maltreatment report that does not allege substantial child endangerment. Family
assessment does not include a determination as to whether child maltreatment occurred
but does determine the need for services to address the safety of family members and the
risk of subsequent maltreatment.
(b) "Investigation" means fact gathering related to the current safety of a child
and the risk of subsequent maltreatment that determines whether child maltreatment
occurred and whether child protective services are needed. An investigation must be used
when reports involve substantial child endangerment, and for reports of maltreatment in
facilities required to be licensed under chapter 245A or 245B; under sections 144.50 to
144.58 and 241.021; in a school as defined in sections 120A.05, subdivisions 9, 11, and
13, and 124D.10; or in a nonlicensed personal care provider association as defined in
sections 256B.04, subdivision 16, and 256B.0625, subdivision 19a.
(c) "Substantial child endangerment" means a person responsible for a child's care, a
person who has a significant relationship to the child as defined in section 609.341, or a
person in a position of authority as defined in section 609.341, who by act or omission
commits or attempts to commit an act against a child under their care that constitutes
any of the following:
(1) egregious harm as defined in section 260C.007, subdivision 14;
(2) sexual abuse as defined in paragraph (d);
(3) abandonment under section 260C.301, subdivision 2;
(4) neglect as defined in paragraph (f), clause (2), that substantially endangers the
child's physical or mental health, including a growth delay, which may be referred to as
failure to thrive, that has been diagnosed by a physician and is due to parental neglect;
(5) murder in the first, second, or third degree under section 609.185, 609.19, or
609.195;
(6) manslaughter in the first or second degree under section 609.20 or 609.205;
(7) assault in the first, second, or third degree under section 609.221, 609.222, or
609.223;
(8) solicitation, inducement, and promotion of prostitution under section 609.322;
(9) criminal sexual conduct under sections 609.342 to 609.3451;
(10) solicitation of children to engage in sexual conduct under section 609.352;
(11) malicious punishment or neglect or endangerment of a child under section
609.377 or 609.378;
(12) use of a minor in sexual performance under section 617.246; or
(13) parental behavior, status, or condition which mandates that the county attorney
file a termination of parental rights petition under section 260C.301, subdivision 3,
paragraph (a).
(d) "Sexual abuse" means the subjection of a child by a person responsible for the
child's care, by a person who has a significant relationship to the child, as defined in
section 609.341, or by a person in a position of authority, as defined in section 609.341,
subdivision 10, to any act which constitutes a violation of section 609.342 (criminal sexual
conduct in the first degree), 609.343 (criminal sexual conduct in the second degree),
609.344 (criminal sexual conduct in the third degree), 609.345 (criminal sexual conduct
in the fourth degree), or 609.3451 (criminal sexual conduct in the fifth degree). Sexual
abuse also includes any act which involves a minor which constitutes a violation of
prostitution offenses under sections 609.321 to 609.324 or 617.246. Sexual abuse includes
threatened sexual abuse.
(e) "Person responsible for the child's care" means (1) an individual functioning
within the family unit and having responsibilities for the care of the child such as a
parent, guardian, or other person having similar care responsibilities, or (2) an individual
functioning outside the family unit and having responsibilities for the care of the child
such as a teacher, school administrator, other school employees or agents, or other lawful
custodian of a child having either full-time or short-term care responsibilities including,
but not limited to, day care, babysitting whether paid or unpaid, counseling, teaching,
and coaching.
(f) "Neglect" means:
(1) failure by a person responsible for a child's care to supply a child with necessary
food, clothing, shelter, health, medical, or other care required for the child's physical or
mental health when reasonably able to do so;
(2) failure to protect a child from conditions or actions that seriously endanger the
child's physical or mental health when reasonably able to do so, including a growth delay,
which may be referred to as a failure to thrive, that has been diagnosed by a physician and
is due to parental neglect;
(3) failure to provide for necessary supervision or child care arrangements
appropriate for a child after considering factors as the child's age, mental ability, physical
condition, length of absence, or environment, when the child is unable to care for the
child's own basic needs or safety, or the basic needs or safety of another child in their care;
(4) failure to ensure that the child is educated as defined in sections 120A.22 and
260C.163, subdivision 11, which does not include a parent's refusal to provide the parent's
child with sympathomimetic medications, consistent with section 125A.091, subdivision 5;
(5) nothing in this section shall be construed to mean that a child is neglected solely
because the child's parent, guardian, or other person responsible for the child's care in
good faith selects and depends upon spiritual means or prayer for treatment or care of
disease or remedial care of the child in lieu of medical care; except that a parent, guardian,
or caretaker, or a person mandated to report pursuant to subdivision 3, has a duty to report
if a lack of medical care may cause serious danger to the child's health. This section does
not impose upon persons, not otherwise legally responsible for providing a child with
necessary food, clothing, shelter, education, or medical care, a duty to provide that care;
(6) prenatal exposure to a controlled substance, as defined in section 253B.02,
subdivision 2, used by the mother for a nonmedical purpose, as evidenced by withdrawal
symptoms in the child at birth, results of a toxicology test performed on the mother at
delivery or the child at birth, or medical effects or developmental delays during the child's
first year of life that medically indicate prenatal exposure to a controlled substance;
(7) "medical neglect" as defined in section 260C.007, subdivision 6, clause (5);
(8) chronic and severe use of alcohol or a controlled substance by a parent or
person responsible for the care of the child that adversely affects the child's basic needs
and safety; or
(9) emotional harm from a pattern of behavior which contributes to impaired
emotional functioning of the child which may be demonstrated by a substantial and
observable effect in the child's behavior, emotional response, or cognition that is not
within the normal range for the child's age and stage of development, with due regard to
the child's culture.
(g) "Physical abuse" means any physical injury, mental injury, or threatened injury,
inflicted by a person responsible for the child's care on a child other than by accidental
means, or any physical or mental injury that cannot reasonably be explained by the child's
history of injuries, or any aversive or deprivation procedures, or regulated interventions,
that have not been authorized under section 121A.67 or 245.825. Abuse does not include
reasonable and moderate physical discipline of a child administered by a parent or legal
guardian which does not result in an injury. Abuse does not include the use of reasonable
force by a teacher, principal, or school employee as allowed by section 121A.582. Actions
which are not reasonable and moderate include, but are not limited to, any of the following
that are done in anger or without regard to the safety of the child:
(1) throwing, kicking, burning, biting, or cutting a child;
(2) striking a child with a closed fist;
(3) shaking a child under age three;
(4) striking or other actions which result in any nonaccidental injury to a child
under 18 months of age;
(5) unreasonable interference with a child's breathing;
(6) threatening a child with a weapon, as defined in section 609.02, subdivision 6;
(7) striking a child under age one on the face or head;
(8) purposely giving a child poison, alcohol, or dangerous, harmful, or controlled
substances which were not prescribed for the child by a practitioner, in order to control
or punish the child; or other substances that substantially affect the child's behavior,
motor coordination, or judgment or that results in sickness or internal injury, or subjects
the child to medical procedures that would be unnecessary if the child were not exposed
to the substances;
(9) unreasonable physical confinement or restraint not permitted under section
609.379, including but not limited to tying, caging, or chaining; or
(10) in a school facility or school zone, an act by a person responsible for the child's
care that is a violation under section 121A.58.
(h) "Report" means any report received by the local welfare agency, police
department, county sheriff, or agency responsible for assessing or investigating
maltreatment pursuant to this section.
(i) "Facility" meansnew text begin :new text end
new text begin (1) new text end a licensed or unlicensed day care facility, residential facility, agency, hospital,
sanitarium, or other facility or institution required to be licensed under sections 144.50 to
144.58, 241.021, or 245A.01 to 245A.16, or chapter 245B; deleted text begin or
deleted text end
new text begin (2)new text end a school as defined in sections 120A.05, subdivisions 9, 11, and 13; and
124D.10; or
new text begin (3) new text end a nonlicensed personal care provider organization as defined in sections 256B.04,
subdivision 16, and 256B.0625, subdivision 19a.
(j) "Operator" means an operator or agency as defined in section 245A.02.
(k) "Commissioner" means the commissioner of human services.
(l) "Practice of social services," for the purposes of subdivision 3, includes but is
not limited to employee assistance counseling and the provision of guardian ad litem and
parenting time expeditor services.
(m) "Mental injury" means an injury to the psychological capacity or emotional
stability of a child as evidenced by an observable or substantial impairment in the child's
ability to function within a normal range of performance and behavior with due regard to
the child's culture.
(n) "Threatened injury" means a statement, overt act, condition, or status that
represents a substantial risk of physical or sexual abuse or mental injury. Threatened
injury includes, but is not limited to, exposing a child to a person responsible for the
child's care, as defined in paragraph (e), clause (1), who has:
(1) subjected a child to, or failed to protect a child from, an overt act or condition
that constitutes egregious harm, as defined in section 260C.007, subdivision 14, or a
similar law of another jurisdiction;
(2) been found to be palpably unfit under section 260C.301, paragraph (b), clause
(4), or a similar law of another jurisdiction;
(3) committed an act that has resulted in an involuntary termination of parental rights
under section 260C.301, or a similar law of another jurisdiction; or
(4) committed an act that has resulted in the involuntary transfer of permanent legal
and physical custody of a child to a relative under section 260C.201, subdivision 11,
paragraph (d), clause (1), or a similar law of another jurisdiction.
(o) Persons who conduct assessments or investigations under this section shall take
into account accepted child-rearing practices of the culture in which a child participates
and accepted teacher discipline practices, which are not injurious to the child's health,
welfare, and safety.
ARTICLE 11
HIGHER EDUCATION
Section 1. new text begin HIGHER EDUCATION APPROPRIATIONS.
|
new text begin
The sums shown in the columns marked "APPROPRIATIONS" are added to or, if
shown in parentheses, subtracted from the appropriations in Laws 2005, chapter 107,
article 1, or other law to the agencies and for the purposes specified in this article. The
appropriations are from the general fund or another named fund and are available for the
fiscal years indicated for each purpose. The figures "2006" and "2007" used in this article
mean that the addition to the appropriation listed under them is available for the fiscal year
ending June 30, 2006, or June 30, 2007, respectively. "The first year" is fiscal year 2006.
"The second year" is fiscal year 2007. "The biennium" is fiscal years 2006 and 2007.
new text end
|
new text begin
SUMMARY BY FUND new text end |
||||||
|
new text begin
2006 new text end |
new text begin
2007 new text end |
new text begin
TOTAL new text end |
||||
|
new text begin
General new text end |
new text begin
$ new text end |
new text begin
-0- new text end |
new text begin
$ new text end |
new text begin
4,700,000 new text end |
new text begin
$ new text end |
new text begin
4,700,000 new text end |
|
new text begin
SUMMARY BY AGENCY - ALL FUNDS new text end |
||||||
|
new text begin
2006 new text end |
new text begin
2007 new text end |
new text begin
TOTAL new text end |
||||
|
new text begin
Office of Higher Education new text end |
new text begin
$ new text end |
new text begin
-0- new text end |
new text begin
$ new text end |
new text begin
(300,000) new text end |
new text begin
$ new text end |
new text begin
(300,000) new text end |
|
new text begin
Board of Regents of the University of Minnesota new text end |
new text begin
-0- new text end |
new text begin
5,000,000 new text end |
new text begin
5,000,000 new text end |
|||
|
new text begin
APPROPRIATIONS new text end |
||||||
|
new text begin
Available for the Year new text end |
||||||
|
new text begin
Ending June 30 new text end |
||||||
|
new text begin
2006 new text end |
new text begin
2007 new text end |
|||||
Sec. 2. new text begin OFFICE OF HIGHER EDUCATION
|
new text begin
-0- new text end |
new text begin
(300,000) new text end |
||||
new text begin
State grant program
new text end
new text begin
The appropriation base is $144,406,000 for
fiscal year 2008 and $144,406,000 for fiscal
year 2009.
new text end
Sec. 3. new text begin BOARD OF REGENTS OF THE
|
new text begin
-0- new text end |
new text begin
5,000,000 new text end |
||||
new text begin
University of Minnesota - Rochester
new text end
new text begin
For academic programs supporting the
University of Minnesota - Rochester,
including faculty, staff, and program
planning and development in the areas
of biomedical technologies, engineering
and computer technologies, health care
administration, and allied health programs;
ongoing operations of industrial liaison
activities; and operation of leased facilities.
The appropriation base is $5,000,000 for
fiscal year 2008 and $6,330,000 for fiscal
year 2009.
new text end
Sec. 4.
Minnesota Statutes 2004, section 135A.031, is amended by adding a
subdivision to read:
new text begin Subd. 3a. new text end
new text begin Determination of instructional services base. new text end
new text begin
The instructional services
base for each public postsecondary system is the sum of: (1) the state share; (2) the
legislatively estimated tuition for the second year of the most recent biennium; and (3)
adjustments for inflation and enrollment changes as calculated in subdivision 4a.
new text end
Sec. 5.
Minnesota Statutes 2004, section 135A.031, is amended by adding a
subdivision to read:
new text begin Subd. 4a. new text end
new text begin Adjustment for enrollments. new text end
new text begin
(a) Each public postsecondary system's
instructional services base shall be adjusted for estimated changes in enrollments. For
each two percent change in estimated full-year equivalent enrollment, an adjustment shall
be made to 65 percent of the instructional services base. The remaining 35 percent of the
instructional services base is not subject to the adjustment in this subdivision.
new text end
new text begin
(b) When student enrollment is used for budgeting purposes, the student enrollment
shall be measured in full-year equivalents and shall include only enrollments in courses
that award credit or otherwise satisfy any of the requirements of an academic or vocational
program.
new text end
new text begin
(c) The enrollment adjustment shall be made for each year of the subsequent
biennium. The base enrollment year is the 1995 fiscal year enrollment. The base
enrollment shall be updated for each two percent change in estimated full-year equivalent
enrollment. If the actual enrollment differs from the estimated enrollment, an adjustment
shall be made in the next biennium.
new text end
Sec. 6.
Minnesota Statutes 2004, section 135A.031, subdivision 7, is amended to read:
Subd. 7.
Reports.
Instructional expenditure and enrollment data deleted text begin for each
instructional categorydeleted text end shall be submitted new text begin to the Office of Higher Education and the
Department of Finance and included new text end in the biennial budget document.new text begin The specific data
shall be submitted only after the director of the Office of Higher Education has consulted
with a data advisory task force to determine the need, content, and detail of the information.
new text end
Sec. 7.
new text begin
[135A.043] RESIDENT TUITION.
new text end
new text begin
(a) A student shall qualify for a resident tuition rate or its equivalent at state
universities and colleges, including the University of Minnesota, if the student meets
all of the following requirements:
new text end
new text begin
(1) high school attendance within the state for three or more years;
new text end
new text begin
(2) graduation from a state high school or attainment within the state of the
equivalent of high school graduation; and
new text end
new text begin
(3) registration as an entering student at, or current enrollment in, a public institution
of higher education.
new text end
new text begin
(b) This section is in addition to any other statute, rule, or higher education
institution regulation or policy providing eligibility for a resident tuition rate or its
equivalent to a student.
new text end
new text begin
(c) To qualify for resident tuition under this section an individual who is not a citizen
or permanent resident of the United States must provide the college or university with
an affidavit that the individual will file an application to become a permanent resident at
the earliest opportunity the individual is eligible to do so.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment
and applies to tuition for school terms commencing on or after that date.
new text end
Sec. 8.
Minnesota Statutes 2004, section 135A.053, subdivision 2, is amended to read:
Subd. 2.
Performance and accountability.
Higher education systems and
campuses are expected to achieve the objectives in subdivision 1 and will be held
accountable for doing so. The legislature is increasing the flexibility of the systems and
campuses to provide greater responsibility to higher education in deciding how to achieve
statewide objectives, and to decentralize authority so that those decisions can be made
at the level where the education is delivered. deleted text begin To demonstrate their accountability, the
legislature expects each system and campus to measure and report on its performance,
using meaningful indicators that are critical to achieving the objectives in subdivision 1,
as provided in section 135A.033.deleted text end Nothing in this section precludes a system or campus
from determining its own objectives and performance measures beyond those identified
in this section.
Sec. 9.
Minnesota Statutes 2005 Supplement, section 135A.52, subdivision 1, is
amended to read:
Subdivision 1.
Fees and tuition.
Except for an administration fee established by the
governing board at a level to recover costs, to be collected only when a course is taken for
credit, a senior citizen who is a legal resident of Minnesota is entitled without payment
of tuition or activity fees to attend courses offered for credit, audit any courses offered
for credit, or enroll in any noncredit courses in any state supported institution of higher
education in Minnesota when space is available after all tuition-paying students have been
accommodated. A senior citizen enrolled under this section must pay any materials,
personal property, or service charges for the course. In addition, a senior citizen who is
enrolled in a course for credit must pay an administrative fee in an amount established
by the governing board of the institution to recover deleted text begin the coursedeleted text end costs. There shall be no
administrative fee charges to a senior citizen auditing a course. For the purposes of this
section and section 135A.51, the term "noncredit courses" shall not include those courses
designed and offered specifically and exclusively for senior citizens.
The provisions of this section and section 135A.51 do not apply to noncredit courses
designed and offered by the University of Minnesota, and the Minnesota State Colleges
and Universities specifically and exclusively for senior citizens. Senior citizens enrolled
under the provisions of this section and section 135A.51 shall not be included by such
institutions in their computation of full-time equivalent students when requesting staff
or appropriations.
Sec. 10.
Minnesota Statutes 2005 Supplement, section 135A.52, subdivision 2, is
amended to read:
Subd. 2.
Term; income of senior citizens.
(a) Except under paragraph (b), there
shall be no limit to the number of terms, quartersnew text begin ,new text end or semesters a senior citizen may attend
courses, nor income limitation imposed in determining eligibility.
(b) A senior citizen enrolled in a closed enrollment contract training deleted text begin or professional
continuing educationdeleted text end program is not eligible for benefits under subdivision 1.
Sec. 11.
Minnesota Statutes 2004, section 136A.101, subdivision 4, is amended to read:
Subd. 4.
Eligible institution.
"Eligible institution" means a postsecondary
educational institutionnew text begin that:new text end
new text begin (1) is new text end located in this state or in a state with which the office has entered into a higher
education reciprocity agreement on state student aid programs deleted text begin that either (1)deleted text end new text begin ;new text end
new text begin (2) new text end is operated by this statenew text begin or by the University of Minnesotanew text end , or deleted text begin (2)deleted text end is operated
publicly or privately and, as determined by the office, maintains academic standards
substantially equivalent to those of comparable institutions operated in this statedeleted text begin .deleted text end new text begin ; and
new text end
new text begin
(3) is licensed or registered as a postsecondary institution by the Office of Higher
Education or another state agency.
new text end
new text begin
Eligible institutions must participate in federal student aid programs under Title IV
of the Higher Education Act of 1965, as amended. An institution that participated in
the state grant program in fiscal year 2007 but did not participate in federal student aid
programs under Title IV of the Higher Education Act of 1965, as amended, must become
a participant in the federal student aid programs by July 1, 2009, or lose eligibility to
participate in the state grant program.
new text end
Sec. 12.
Minnesota Statutes 2004, section 136A.101, subdivision 8, is amended to read:
Subd. 8.
Resident student.
"Resident student" means a student who meets one of
the following conditions:
(1) a student who has resided in Minnesota for purposes other than postsecondary
education for at least 12 months without being enrolled at a postsecondary educational
institution for more than five credits in any term;
(2) a dependent student whose parent or legal guardian resides in Minnesota at the
time the student applies;
(3) a student who graduated from a Minnesota high school, if the student was a
resident of Minnesota during the student's period of attendance at the Minnesota high
schoolnew text begin and the student is physically attending a Minnesota postsecondary educational
institutionnew text end ; deleted text begin or
deleted text end
(4) a student who, after residing in the state for a minimum of one year, earned a
high school equivalency certificate in Minnesotadeleted text begin .deleted text end new text begin ;
new text end
new text begin
(5) a member, spouse, or dependent of a member of the armed forces of the United
States stationed in Minnesota on active federal military service as defined in section
190.05, subdivision 5c;
new text end
new text begin
(6) a person or spouse of a person who relocated to Minnesota from an area that
is declared a presidential disaster area within the preceding 12 months if the disaster
interrupted the person's postsecondary education; or
new text end
new text begin
(7) a person defined as a refugee under United States Code, title 8, section
1101(a)(42), who, upon arrival in the United States, moved to Minnesota and has
continued to reside in Minnesota.
new text end
Sec. 13.
Minnesota Statutes 2005 Supplement, section 136A.121, subdivision 7a,
is amended to read:
Subd. 7a.
Surplus appropriation.
If the amount appropriated is determined by the
office to be more than sufficient to fund projected grant demand in the second year of the
biennium, the office may increase the living and miscellaneous expense allowance in the
second year of the biennium by up to an amount that retains sufficient appropriations
to fund the projected grant demand. The adjustment may be made one or more times.
In making the determination that there are more than sufficient funds, the office shall
balance the need for sufficient resources to meet the projected demand for grants with the
goal of fully allocating the appropriation for state grants. An increase in the living and
miscellaneous expense allowance under this subdivision does not carry forward into a
subsequent biennium. This subdivision expires June 30, deleted text begin 2007deleted text end new text begin 2009new text end .
Sec. 14.
Minnesota Statutes 2004, section 136A.15, subdivision 6, is amended to read:
Subd. 6.
Eligible institution.
"Eligible institution" means a postsecondary
educational institution that deleted text begin eitherdeleted text end new text begin :new text end
(1) is operated or regulated by this statenew text begin or by the University of Minnesotanew text end , or deleted text begin (2)deleted text end is
operated publicly or privately in another state, is approved by the United States Secretary
of Education, and, as determined by the office, maintains academic standards substantially
equal to those of comparable institutions operated in this statedeleted text begin . It also includes any
institution chartered in a province.deleted text end new text begin ; or
new text end
new text begin
(2) is licensed or registered as a postsecondary institution by the Office of Higher
Education or another state agency.
new text end
new text begin
Eligible institutions must participate in federal student aid programs under Title
IV of the Higher Education Act of 1965, as amended. An institution that participated
in the SELF program in fiscal year 2007 but did not participate in federal student aid
programs under Title IV of the Higher Education Act of 1965, as amended, must become
a participant in the federal student aid programs by July 1, 2009, or lose eligibility to
participate in the SELF program.
new text end
new text begin
An eligible institution must sign an institutional loan participation agreement with
the office that lists the duties and responsibilities of both the institution and the office.
new text end
Sec. 15.
Minnesota Statutes 2004, section 136A.15, subdivision 9, is amended to read:
Subd. 9.
new text begin Minnesota new text end resident deleted text begin studentdeleted text end .
"new text begin Minnesota new text end resident deleted text begin studentdeleted text end " means a
student who meets new text begin one of new text end the new text begin following new text end conditions deleted text begin in section 136A.101, subdivision 8.deleted text end new text begin :new text end
new text begin
(1) a student who has resided in Minnesota for purposes other than postsecondary
education for at least 12 months without being enrolled at a postsecondary educational
institution for more than five credits in any term;
new text end
new text begin
(2) a dependent student whose parent or legal guardian resides in Minnesota at the
time the student applies;
new text end
new text begin
(3) a student who graduated from a Minnesota high school, if the student was a
resident of Minnesota during the student's period of attendance at the Minnesota high
school and the student is physically attending a Minnesota postsecondary educational
institution; or
new text end
new text begin
(4) a student who, after residing in the state for a minimum of one year, earned a
high school equivalency certificate in Minnesota.
new text end
Sec. 16.
Minnesota Statutes 2004, section 136A.15, is amended by adding a
subdivision to read:
new text begin Subd. 10. new text end
new text begin Eligible cosigner. new text end
new text begin
"Eligible cosigner" means a cosigner who:
new text end
new text begin
(1) is at least 24 years old, and at least 18 years old if a sibling;
new text end
new text begin
(2) is a United States citizen or permanent resident;
new text end
new text begin
(3) permanently resides in the United States;
new text end
new text begin
(4) agrees to the release of information to a consumer credit reporting agency, as
specified in section 136A.162, paragraph (b); and
new text end
new text begin
(5) is creditworthy by meeting all of the following requirements:
new text end
new text begin
(i) no balances at a consumer credit reporting agency discharged through bankruptcy
within the seven years prior to application for credit;
new text end
new text begin
(ii) no garnishments, attachments, foreclosure, repossession, or defendant in a suit to
collect a debt appearing on the credit report;
new text end
new text begin
(iii) no tax or mechanics liens or judgments appearing on the credit report;
new text end
new text begin
(iv) no items that are charged off or are delinquent for 120 days or more, that
in total exceed $50; and
new text end
new text begin
(v) no more than five percent of current balances at a consumer credit reporting
agency past due, that in total exceed $50.
new text end
new text begin
The office may establish alternative credit requirements using credit scoring.
new text end
Sec. 17.
Minnesota Statutes 2004, section 136A.16, is amended by adding a
subdivision to read:
new text begin Subd. 16. new text end
new text begin Interest rate swaps and other agreements. new text end
new text begin
(a) The office may enter into
interest rate exchange or swap agreements, hedges, forward purchase or sale agreements,
or other comparable interest rate protection agreements with a third party in connection
with the issuance or proposed issuance of bonds, outstanding bonds or notes, or existing
comparable interest rate protection agreements.
new text end
new text begin
(b) The agreements authorized by this subdivision include, without limitation, master
agreements, options, or contracts to enter into those agreements in the future and related
agreements, including, without limitation, agreements to provide credit enhancement,
liquidity, or remarketing.
new text end
new text begin
(c) The agreements authorized by this subdivision may be entered into on the basis
of negotiation with a qualified third party or through a competitive proposal process on
terms and conditions as and with covenants and provisions approved by the office and
may include, without limitation:
new text end
new text begin
(1) provisions establishing reserves;
new text end
new text begin
(2) pledging assets or revenues of the office for current or other payments or
termination payments;
new text end
new text begin
(3) contracting with the other parties to the agreements to provide for the custody,
collection, securing, investment, and payment of money of the office or money held in
trust; or
new text end
new text begin
(4) requiring the issuance of bonds or other agreements authorized by this section
in the future.
new text end
new text begin
(d) With respect to bonds or notes outstanding or proposed to be issued bearing
interest at a variable rate, the office may agree to pay sums equal to interest at a fixed rate
or at a different variable rate determined in accordance with a formula set out in the
agreement on an amount not exceeding the outstanding principal amount of the bonds or
notes at the time of payment in exchange for an agreement by the third party to pay sums
equal to interest on a like amount at a variable rate determined according to a formula
set out in the agreement.
new text end
new text begin
(e) With respect to bonds or notes outstanding or proposed to be issued bearing
interest at a fixed rate or rates, the office may agree to pay sums equal to interest at a
variable rate determined in accordance with a formula set out in the agreement on an
amount not exceeding the outstanding principal amount of the bonds or notes at the time of
payment in exchange for an agreement by the third party to pay sums equal to interest on a
like amount at a fixed rate or rates determined according to a formula set in the agreement.
new text end
new text begin
(f) Subject to any applicable covenants of the office, payments required to be made
by the office under the agreement, including termination payments, may be made from
amounts pledged or available to pay debt service on the bonds or notes with respect to
which the agreement was made or from assets of the loan capital fund of the office.
The office may issue bonds or notes to provide for any payments, including, without
limitation, a termination payment due or to become due under an agreement authorized
under this section.
new text end
Sec. 18.
Minnesota Statutes 2004, section 136A.162, is amended to read:
136A.162 CLASSIFICATION OF DATA.
All data on applicants for financial assistance collected and used by the Higher
Education Services Office for student financial aid programs administered by that office
shall be classified as private data on individuals under section 13.02, subdivision 12.
Exceptions to this classification are that:
(a) deleted text begin the names and addresses of program recipients or participants are public data;
deleted text end
deleted text begin (b)deleted text end data on applicants may be disclosed to the commissioner of human services
to the extent necessary to determine eligibility under section 136A.121, subdivision 2,
clause (5); and
deleted text begin (c)deleted text end new text begin (b)new text end the following data collected in the Minnesota supplemental loan program
under section 136A.1701 may be disclosed to a consumer credit reporting agency only
if the borrower and the cosigner give informed consent, according to section 13.05,
subdivision 4, at the time of application for a loan:
(1) the lender-assigned borrower identification number;
(2) the name and address of borrower;
(3) the name and address of cosigner;
(4) the date the account is opened;
(5) the outstanding account balance;
(6) the dollar amount past due;
(7) the number of payments past due;
(8) the number of late payments in previous 12 months;
(9) the type of account;
(10) the responsibility for the account; and
(11) the status or remarks code.
Sec. 19.
Minnesota Statutes 2004, section 136A.1701, subdivision 4, is amended to
read:
Subd. 4.
Terms and conditions of loans.
new text begin (a) new text end The office may loan money upon such
terms and conditions as the office may prescribe. The principal amount of a loan to an
undergraduate student for a single academic year shall not exceed $6,000new text begin for grade levels
1 and 2 effective July 1, 2006, through June 30, 2007. Effective July 1, 2007, the principal
amount of a loan for grade levels 1 and 2 shall not exceed $7,500. The principal amount
of a loan for grade levels 3, 4, and 5 shall not exceed $7,500 effective July 1, 2006new text end . The
aggregate principal amount of all loans made under this section to an undergraduate
student shall not exceed deleted text begin $25,000deleted text end new text begin $34,500 through June 30, 2007, and $37,500 after June
30, 2007new text end . The principal amount of a loan to a graduate student for a single academic year
shall not exceed $9,000. The aggregate principal amount of all loans made under this
section to a student as deleted text begin adeleted text end new text begin an undergraduate andnew text end graduate student shall not exceed deleted text begin $40,000.deleted text end new text begin
$52,500 through June 30, 2007, and $55,500 after June 30, 2007.new text end new text begin The amount of the loan
may not exceed the cost of attendance less all other financial aid, including PLUS loans or
other similar parent loans borrowed on the student's behalf. The cumulative SELF loan
debt must not exceed the borrowing maximums in paragraph (b).
new text end
new text begin
(b) The cumulative undergraduate borrowing maximums for SELF loans are:
new text end
new text begin
(1) effective July 1, 2006, through June 30, 2007:
new text end
new text begin
(i) grade level 1, $6,000;
new text end
new text begin
(ii) grade level 2, $12,000;
new text end
new text begin
(iii) grade level 3, $19,500;
new text end
new text begin
(iv) grade level 4, $27,000; and
new text end
new text begin
(v) grade level 5, $34,500; and
new text end
new text begin
(2) effective July 1, 2007:
new text end
new text begin
(i) grade level 1, $7,500;
new text end
new text begin
(ii) grade level 2, $15,000;
new text end
new text begin
(iii) grade level 3, $22,500;
new text end
new text begin
(iv) grade level 4, $30,000; and
new text end
new text begin
(v) grade level 5, $37,500.
new text end
Sec. 20.
Minnesota Statutes 2004, section 136A.1701, subdivision 7, is amended to
read:
Subd. 7.
Repayment of loans.
new text begin (a) new text end The office shall establish repayment procedures
for loans made under this section, but in no event shall the period of permitted repayment
new text begin for SELF II or SELF III loans new text end exceed ten years from the eligible student's termination of
the student's postsecondary academic or vocational program, or 15 years from the date of
the student's first loan under this section, whichever is less.
new text begin
(b) For SELF loans from phases after SELF III, eligible students with aggregate
principal loan balances from all SELF phases that are less than $18,750 shall have a
repayment period not exceeding ten years from the eligible student's graduation or
termination date. For SELF loans from phases after SELF III, eligible students with
aggregate principal loan balances from all SELF phases of $18,750 or greater shall
have a repayment period not exceeding 15 years from the eligible student's graduation
or termination date. For SELF loans from phases after SELF III, the loans shall enter
repayment no later than seven years after the first disbursement date on the loan.
new text end
Sec. 21.
Minnesota Statutes 2005 Supplement, section 136A.1701, subdivision 12,
is amended to read:
Subd. 12.
Eligible student.
"Eligible student" means a student who is a Minnesota
resident who is enrolled or accepted for enrollment at an eligible institution in Minnesota
or in another state deleted text begin or provincedeleted text end . Non-Minnesota residents are eligible students if they are
enrolled or accepted for enrollment in a minimum of one course of at least 30 days in
length during the academic year that requires physical attendance at an eligible institution
located in Minnesota. Non-Minnesota resident students enrolled exclusively during the
academic year in correspondence courses or courses offered over the Internet are not
eligible students. Non-Minnesota resident students not physically attending classes in
Minnesota due to enrollment in a study abroad program for 12 months or less are eligible
students. Non-Minnesota residents enrolled in study abroad programs exceeding 12
months are not eligible students. For purposes of this section, an "eligible student" must
also meet the eligibility requirements of section 136A.15, subdivision 8.
Sec. 22.
Minnesota Statutes 2004, section 136A.1701, is amended by adding a
subdivision to read:
new text begin Subd. 13. new text end
new text begin Cosigner requirement. new text end
new text begin
All borrowers under this section must have an
eligible cosigner. The cosigner is jointly and separately responsible for making loan
payments, including principal, interest, and other charges.
new text end
Sec. 23.
new text begin
[136A.1704] LOAN REHABILITATION.
new text end
new text begin
(a) For SELF loans that have defaulted, the borrower or cosigner has the option to
rehabilitate the loan, as loan rehabilitation is not prohibited under any federal or state
statute, rule, regulation, act, or requirement.
new text end
new text begin
(b) A defaulted SELF loan can be rehabilitated only once and rehabilitation can
only be attempted twice per loan.
new text end
new text begin
(c) An agreement specifying the required payment amount and payment due date
must be signed by the borrower or cosigner prior to the start of the rehabilitation process
and within two years of the default date.
new text end
new text begin
(d) Twelve consecutive months of on-time payments are required to consider the
loan rehabilitated. There is a five-business-day grace period.
new text end
new text begin
(e) If the loan is paid in full within 90 days of default, the loan will be considered
rehabilitated upon receipt of a rehabilitation request.
new text end
new text begin
(f) Rehabilitation results in removal of the defaulted status, but not the past due
history, from the credit bureau.
new text end
Sec. 24.
new text begin
[136A.1705] TEMPORARY TOTAL DISABILITY.
new text end
new text begin
A temporary total disability for up to three years may be granted to a borrower upon
medical certification that the total disability is expected to last four months or longer. The
total disability must have originated after the loan was fully disbursed. The borrower is
required to provide a certification from a qualified physician. A qualified physician is a
doctor of medicine or osteopathy who is legally authorized to practice medicine. Periodic
recertifications of the total disability status must be provided upon request. During the
approved total disability period, the loan does not accrue interest. The borrower shall be
given the option to sign a payment extension agreement at the time payments are resumed.
new text end
Sec. 25.
Minnesota Statutes 2004, section 136A.233, subdivision 3, is amended to read:
Subd. 3.
Payments.
Work-study payments shall be made to eligible students by
postsecondary institutions as provided in this subdivision.
(a) Students shall be selected for participation in the program by the postsecondary
institution on the basis of student financial need.
(b) In selecting students for participation, priority must be given to students enrolled
for at least 12 credits. new text begin In each academic year, a student may be awarded work-study
payments for one period of nonenrollment or less than half-time enrollment if the student
enrolls on at least a half-time basis during the following academic term.
new text end
(c) Students will be paid for hours actually worked and the maximum hourly rate
of pay shall not exceed the maximum hourly rate of pay permitted under the federal
college work-study program.
(d) Minimum pay rates will be determined by an applicable federal or state law.
(e) The office shall annually establish a minimum percentage rate of student
compensation to be paid by an eligible employer.
(f) Each postsecondary institution receiving money for state work-study grants
shall make a reasonable effort to place work-study students in employment with eligible
employers outside the institution. However, a public employer other than the institution
may not terminate, lay off, or reduce the working hours of a permanent employee for the
purpose of hiring a work-study student, or replace a permanent employee who is on layoff
from the same or substantially the same job by hiring a work-study student.
(g) The percent of the institution's work-study allocation provided to graduate
students shall not exceed the percent of graduate student enrollment at the participating
institution.
(h) An institution may use up to 30 percent of its allocation for student internships
with private, for-profit employers.
Sec. 26.
Minnesota Statutes 2004, section 136F.42, subdivision 1, is amended to read:
Subdivision 1.
Time reporting.
As provided in Executive Order 96-2, the board,
in consultation with the commissioners of employee relations and finance, may develop
policies to allow system office or campus employees on salaries, as defined in section
43A.17, subdivision 1, to use negative time reporting in which employees report only that
time for which leave is taken. deleted text begin By the end of the 1997 fiscal year, the board, in consultation
with the commissioners of employee relations and finance, shall evaluate the use of
negative time reporting and its potential for use with other state employees.
deleted text end
Sec. 27.
Minnesota Statutes 2004, section 136F.02, subdivision 1, is amended to read:
Subdivision 1.
Membership.
The board consists of 15 members appointed by the
governor with the advice and consent of the senate. At least one member of the board
must be a resident of each congressional district. Three members must be students who are
enrolled at least half time in a degree, diploma, or certificate program or have graduated
from an institution governed by the board within one year of the date of appointment. The
student members shall include: one member from a community college, one member from
a state university, and one member from a technical college. The remaining members must
be appointed to represent the state at large.new text begin At least one member must be a representative
of organized labor and at least one member must be a representative of business.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment,
applies to appointments to the board made on and after that date, and must be complied
with as soon as vacancies can be filled.
new text end
Sec. 28.
Minnesota Statutes 2004, section 136F.71, subdivision 2, is amended to read:
Subd. 2.
Activity funds.
All receipts attributable to the state colleges and
universities activity funds deleted text begin and deposited in the state treasurydeleted text end are appropriated to the board
and are not subject to budgetary control as exercised by the commissioner of finance.
Sec. 29.
Minnesota Statutes 2004, section 136F.71, is amended by adding a subdivision
to read:
new text begin Subd. 4. new text end
new text begin Banking services. new text end
new text begin
Notwithstanding section 16A.27, the board shall
have authority to control the amount and manner of deposit of all receipts described in
this section in depositories selected by the board. The board's authority shall include
specifying the considerations, financial activities, and conditions required from the
depository, including the requirement of collateral security or a corporate surety bond
as described in section 118A.03. The board may compensate the depository, including
paying a reasonable charge to the depository, maintaining appropriate compensating
balances with the depository, or purchasing non-interest-bearing certificates of deposit
from the depository for performing depository-related services.
new text end
Sec. 30.
Minnesota Statutes 2004, section 137.17, subdivision 1, is amended to read:
Subdivision 1.
Establish.
The Board of Regents may establish a deleted text begin school of
professional and graduate studies as a nonresidentialdeleted text end branch campus of the University of
Minnesotadeleted text begin ,deleted text end new text begin innew text end Rochester, to serve the new text begin educational new text end needs of deleted text begin working adults and other
nontraditionaldeleted text end students deleted text begin in southeastern Minnesota. The campus shall be a joint partnership
of the University of Minnesota with Rochester Community and Technical College, and
Winona State University.deleted text end new text begin and to foster the economic goals of the region and the state. The
legislature intends that the University of Minnesota expand higher education offerings in
Rochester. It is the intent of the legislature that this be achieved in part by developing new
and strengthening existing partnerships with higher education institutions in Rochester
and the region in which the state already has a significant investment.
new text end
deleted text begin
The Board of Trustees of the Minnesota State Colleges and Universities shall
cooperate to achieve the foregoing.
deleted text end
Sec. 31.
Minnesota Statutes 2004, section 137.17, subdivision 3, is amended to read:
Subd. 3.
Missions.
The legislature new text begin intends that the mission of the expanded
education offerings in Rochester be congruent with the university's unique core mission of
teaching, research, and outreach in order to support the educational needs and economic
development of this region and the state. The legislature new text end recognizes that the distinctiveness
of each of the deleted text begin partner deleted text end new text begin higher education new text end institutions in Rochester must be maintained to
achieve success in serving the higher education needs of the community and the economic
goals of the state. deleted text begin Further, the legislature intends that the University of Minnesota and the
other partner institutions avoid duplicative offerings of courses and programs. Therefore,
the University of Minnesota, Winona State University, and Rochester Community and
Technical College shall develop jointly a statement of missions, roles, and responsibilities
for the programs and services at Rochester which shall be submitted to the legislature by
January 30, 2000, and any time thereafter that the missions, roles, and responsibilities
change.
deleted text end
Sec. 32. new text begin TEMPORARY PROVISION FOR APPROVAL OF CERTAIN HIGHER
EDUCATION DEGREES.
new text end
new text begin Subdivision 1. new text end
new text begin Supersede. new text end
new text begin
This section supersedes any conflicting Minnesota
statute or rule.
new text end
new text begin Subd. 2. new text end
new text begin Degree approval. new text end
new text begin
A school licensed pursuant to Minnesota Statutes,
chapter 141, may not grant a degree as defined in Minnesota Statutes, section 136A.62,
subdivision 4, unless the degree is approved by the Office of Higher Education.
new text end
new text begin Subd. 3. new text end
new text begin Approval criteria. new text end
new text begin
A school licensed pursuant to Minnesota Statutes,
chapter 141, to obtain approval to grant a degree must provide evidence to the Office of
Higher Education that the following requirements are met:
new text end
new text begin
(1) the school employs qualified teaching personnel to provide the educational
programs for each degree for which approval is sought;
new text end
new text begin
(2) the educational program is appropriate to each degree for which approval is
sought;
new text end
new text begin
(3) the school has appropriate and accessible library, laboratory, and other physical
facilities to support the education program for each degree for which approval is sought;
and
new text end
new text begin
(4) the school makes a rationale showing that the degree programs are consistent
with the school's mission and goals.
new text end
new text begin Subd. 4. new text end
new text begin Effect of approval. new text end
new text begin
Approval to grant a degree under this section has the
same effect as approval under Minnesota Statutes, section 136A.65.
new text end
new text begin Subd. 5. new text end
new text begin Notice of changes. new text end
new text begin
A school authorized to grant a degree under this section
must notify the Office of Higher Education of proposed changes to the degree and the
addition of majors or specialty areas to a degree.
new text end
new text begin Subd. 6. new text end
new text begin Expiration. new text end
new text begin
This section expires June 30, 2007.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 33. new text begin HIGHER EDUCATION TEXTBOOK COST STUDY.
new text end
new text begin
The Minnesota Office of Higher Education shall convene an advisory task force
to study the costs of required textbooks for students attending public and nonpublic
postsecondary institutions. The task force must, at a minimum, include students, faculty,
and administrators. The study must, without limitation, examine textbook pricing trends
and strategies, the practice of textbook rental, policies related to repurchase of textbooks
from students, textbook selection policies, and purchasing practices of colleges and
universities. The task force must review the findings and recommendations of other
existing studies and any state or national laws that have been considered or adopted to
reduce the financial burden of textbook costs. The office must report on its findings and
present any recommendations by January 15, 2007, to the legislative committees with
jurisdiction over higher education policy and finance.
new text end
Sec. 34. new text begin MINNESOTA STATE UNIVERSITY, MANKATO, CONSTRUCTION
AUTHORIZATION.
new text end
new text begin
The Board of Trustees of the Minnesota State Colleges and Universities may design,
construct, furnish, and equip an academic building on the Minnesota State University,
Mankato campus for the College of Business at a site approved by the board using
nonstate money.
new text end
Sec. 35. new text begin UNIVERSITY OF MINNESOTA LICENSING AND MINNESOTA
MARKET IMPACT STUDY.
new text end
new text begin
The University of Minnesota is requested to establish a task force to study the
market impact on Minnesota producers of agricultural products from the University of
Minnesota licensing germplasm and to make recommendations to the legislature and the
Board of Regents on ways to mitigate any negative impacts on Minnesota businesses that
arise from University of Minnesota license agreements.
new text end
new text begin
The task force must include:
new text end
new text begin
(1) a representative of the University of Minnesota;
new text end
new text begin
(2) a representative of the Department of Agriculture, serving as the chair; and
new text end
new text begin
(3) representatives of the Minnesota Farm Bureau, the Minnesota Farmers Union,
agricultural commodity organizations, the Minnesota Apple Growers Association, the
Minnesota Fruit and Vegetable Growers Association, the Minnesota Nursery Landscape
Association, and the Minnesota Grown Program. The chair may also invite participation
from other staff and faculty of the University of Minnesota as necessary to fulfill the
purpose of the task force. Members serve on the task force on a voluntary basis.
new text end
new text begin
The task force is requested to report to the committees of the legislature with
responsibility for higher education no later than January 15, 2007.
new text end
Sec. 36. new text begin REVISOR'S INSTRUCTION.
new text end
new text begin
The revisor of statutes shall delete the term "sections 136A.15 to 136A.1702" and
insert "sections 136A.15 to 136A.1705" wherever it appears in Minnesota Statutes and
Minnesota Rules.
new text end
Sec. 37. new text begin EXPIRATION OF RULE.
new text end
new text begin
Minnesota Rules, part 4830.0100, subpart 5, item F, expires on the effective date
of this section.
new text end
Sec. 38. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2004, sections 135A.031, subdivision 5; 135A.033; 136A.15,
subdivision 5; 136A.1702; and 137.17, subdivisions 2 and 4;
new text end
new text begin
Minnesota Statutes 2005
Supplement, section 135A.031, subdivisions 3 and 4;
new text end
new text begin
and Minnesota Rules, parts
4850.0011, subparts 9, 10, 14, and 27; and 4850.0014, subpart 1,
new text end
new text begin
are repealed.
new text end
ARTICLE 12
ENVIRONMENT, NATURAL RESOURCES, AND AGRICULTURE
Section 1. new text begin ENVIRONMENTAL, NATURAL RESOURCES, AND
|
new text begin
The sums shown in the columns marked "APPROPRIATIONS" are added to the
appropriations in Laws 2005, First Special Session chapter 1, articles 1 and 2, or other
specified law, to the named agencies and for the specified programs or activities. The sums
shown are appropriated from the general fund, or another named fund, to be available for
the fiscal years indicated for each purpose. The figures "2006" and "2007" used in this
article mean that the appropriation or appropriations listed under them are available for
the fiscal year ending June 30, 2006, or June 30, 2007, respectively. Appropriations in
this article for the fiscal year ending June 30, 2006, are effective the day following final
enactment.
new text end
|
new text begin
SUMMARY BY FUND new text end |
||||||
|
new text begin
2006 new text end |
new text begin
2007 new text end |
new text begin
TOTAL new text end |
||||
|
new text begin
General new text end |
new text begin
$ new text end |
new text begin
523,000 new text end |
new text begin
$ new text end |
new text begin
2,363,000 new text end |
new text begin
$ new text end |
new text begin
2,886,000 new text end |
|
new text begin
Natural Resources new text end |
new text begin
-0- new text end |
new text begin
465,000 new text end |
new text begin
465,000 new text end |
|||
|
new text begin
Game and Fish new text end |
new text begin
340,000 new text end |
new text begin
60,000 new text end |
new text begin
400,000 new text end |
|||
|
new text begin
TOTAL new text end |
new text begin
$ new text end |
new text begin
863,000 new text end |
new text begin
$ new text end |
new text begin
2,888,000 new text end |
new text begin
$ new text end |
new text begin
3,751,000 new text end |
|
new text begin
APPROPRIATIONS new text end |
||||||
|
new text begin
Available for the Year new text end |
||||||
|
new text begin
Ending June 30 new text end |
||||||
|
new text begin
2006 new text end |
new text begin
2007 new text end |
|||||
Sec. 2. new text begin DEPARTMENT OF AGRICULTURE
|
new text begin
$ new text end |
new text begin
158,000 new text end |
new text begin
$ new text end |
new text begin
1,073,000 new text end |
||
new text begin
This appropriation includes money for the
following purposes:
new text end
|
new text begin
(a) Invasive species control activities new text end |
new text begin
118,000 new text end |
new text begin
130,000 new text end |
||||
|
new text begin
(b) Compensation payments for livestock depredation and crop damage new text end |
new text begin
40,000 new text end |
new text begin
53,000 new text end |
||||
|
new text begin
(c) Plant pathology and biological control facility operations new text end |
new text begin
-0- new text end |
new text begin
190,000 new text end |
||||
|
new text begin
(d) Grant to Second Harvest Heartland on behalf of Minnesota's six Second Harvest food banks new text end |
new text begin
-0- new text end |
new text begin
200,000 new text end |
||||
new text begin
For the purchase of milk for distribution
to Minnesota's food shelves and other
charitable organizations that are eligible
to receive food from the food banks. This
appropriation becomes base-level funding.
new text end
new text begin
Milk purchased under the grants must be
acquired from Minnesota milk processors
and based on low-cost bids. The milk
must be allocated to each Second Harvest
food bank serving Minnesota according
to the formula used in the distribution of
United States Department of Agriculture
commodities under the Emergency Food
Assistance Program. Second Harvest
Heartland must submit quarterly reports
to the commissioner on forms prescribed
by the commissioner. The reports must
include, but are not limited to, information
on the expenditure of money, the amount
of milk purchased, and the organizations
to which the milk was distributed. Second
Harvest Heartland may enter into contracts
or agreements with food banks for shared
funding or reimbursement of the direct
purchase of milk. Each food bank receiving
money from this appropriation may use up to
two percent of the grant for administrative
expenses.
new text end
|
new text begin
(e) E85 pump installation grants new text end |
new text begin
-0- new text end |
new text begin
500,000 new text end |
||||
new text begin
For grants to gasoline service station owners
who, after the effective date of this section,
install pumps in this state for dispensing E85
gasoline. The commissioner may reimburse
owners of gasoline service stations for up to
50 percent of the total cost of installing an
E85 pump, including the tank and any related
components, up to a maximum of $15,000
per E85 pump. The commissioner shall grant
priority for E85 pumps installed in areas of
the state where gasoline service stations with
E85 pumps are not reasonably available to the
general public. $75,000 of this appropriation
is for grants to organizations that promote
the installation of E85 pumps in service
stations. This is a onetime appropriation and
is available until spent.
new text end
Sec. 3. new text begin BOARD OF ANIMAL HEALTH
|
new text begin
277,000 new text end |
new text begin
408,000 new text end |
||||
new text begin
To eliminate bovine tuberculosis from cattle
herds in Minnesota. This is a onetime
appropriation.
new text end
Sec. 4. new text begin NATURAL RESOURCES
|
new text begin
428,000 new text end |
new text begin
1,407,000 new text end |
||||
|
new text begin
Summary by Fund new text end |
||
|
new text begin
2006 new text end |
new text begin
2007 new text end |
|
|
new text begin
General new text end |
new text begin
88,000 new text end |
new text begin
882,000 new text end |
|
new text begin
Natural Resources new text end |
new text begin
-0- new text end |
new text begin
465,000 new text end |
|
new text begin
Game and Fish new text end |
new text begin
340,000 new text end |
new text begin
60,000 new text end |
|
new text begin
(a) Bovine tuberculosis surveillance and diagnosis new text end |
new text begin
88,000 new text end |
new text begin
132,000 new text end |
||||
new text begin
To diminish the risk of disease transmission
in domestic livestock. This is a onetime
appropriation.
new text end
|
new text begin
(b) Prevention and control of harmful invasive species new text end |
new text begin
-0- new text end |
new text begin
550,000 new text end |
||||
new text begin
Of this amount, $150,000 is for educational
and enforcement efforts with commercial
businesses to reduce the risk of introducing
harmful invasive species; $150,000 is
for reducing the impact of terrestrial
invasive species on state recreational and
forest lands; $50,000 is for implementing
best management practices designed to
prevent the spread of invasive species from
department field operations; $50,000 is
for prevention education and awareness
programs; and $150,000 is for grants to local
units of government and lake associations
to reduce the impacts of aquatic invasive
species. This appropriation includes money
for the control of curly leaf pondweed in
Lake Osakis.
new text end
|
new text begin
(c) Minnesota Shooting Sports Education Center new text end |
new text begin
-0- new text end |
new text begin
100,000 new text end |
||||
new text begin
The commissioner may make direct
expenditures for the operation of the center
or contract with another entity to operate the
center. This appropriation is available only
to the extent it is matched by at least $1 of
nonstate money from gifts or grants for each
$2 of state money. This appropriation is
added to the agency base of the Department
of Natural Resources.
new text end
|
new text begin
(d) Canoe routes new text end |
new text begin
-0- new text end |
new text begin
65,000 new text end |
||||
new text begin
This appropriation is from the water
recreation account in the natural resources
fund to the commissioner of natural resources
to cooperate with local units of government
in marking routes and designating river
accesses and campsites under Minnesota
Statutes, section 85.32. This is a onetime
appropriation and is available until spent.
new text end
|
new text begin
(e) Emergency deterrent materials assistance new text end |
new text begin
340,000 new text end |
new text begin
60,000 new text end |
||||
new text begin
This appropriation is from the game and fish
fund for the emergency deterrent materials
assistance program under Minnesota
Statutes, section 97A.028, subdivision 3.
new text end
|
new text begin
(f) Federal recreation area operation new text end |
new text begin
-0- new text end |
new text begin
500,000 new text end |
||||
new text begin
$100,000 is from the general fund and
$400,000 is from the state parks account
in the natural resources fund to operate
and maintain the U.S. Army Corps of
Engineers recreation sites on Cross Lake,
Gull Lake, Sandy Lake, Leech Lake, Lake
Pokegama, and Lake Winnibigoshish. This
appropriation is contingent upon acceptance
of a long-term agreement with the U.S.
Army Corps of Engineers. Acceptance may
be through a lease arrangement, a transfer
of the recreation lands, or other agreement
with the U.S. Army Corps of Engineers. The
commissioner shall establish fees for these
recreation sites as provided in Minnesota
Statutes, section 85.052, subdivision 3. The
money collected from fees established under
this section shall be deposited in the natural
resources fund and credited to the state parks
account. This is a onetime appropriation and
is available until spent.
new text end
Sec. 5.
Minnesota Statutes 2005 Supplement, section 35.05, is amended to read:
35.05 AUTHORITY OF STATE BOARD.
(a) The state board may quarantine or kill any domestic animal infected with, or
which has been exposed to, a contagious or infectious dangerous disease if it is necessary
to protect the health of the domestic animals of the state.
(b) The board may regulate or prohibit the arrival in and departure from the state of
infected or exposed animals and, in case of violation of any rule or prohibition, may detain
any animal at its owner's expense. The board may regulate or prohibit the importation of
domestic animals which, in its opinion, may injure the health of Minnesota livestock.
(c) When the governor declares an emergency under section 35.0661, the board,
through its executive director, may assume control of such resources within the University
of Minnesota's Veterinary Diagnostic Laboratory as necessary to effectively address the
disease outbreak. The director of the laboratory and other laboratory personnel must
cooperate fully in performing necessary functions related to the outbreak or threatened
outbreak.
(d) deleted text begin Rules adopted by the board under authority of this chapter must be published
in the State Registerdeleted text end new text begin The board may test or require tests of any bovine or cervidae in
the state when the board deems it necessary to achieve or maintain bovine tuberculosis
accredited free state or zone status under the regulations and laws administered by the
United States Department of Agriculturenew text end .
Sec. 6.
Minnesota Statutes 2004, section 84.0835, subdivision 3, is amended to read:
Subd. 3.
Citation authority.
Employees designated by the commissioner under
subdivision 1 may issue citations, as specifically authorized under this subdivision, for
violations of:
(1) sections 85.052, subdivision 3 (payment of camping fees in state parks) deleted text begin anddeleted text end new text begin ,new text end
85.45, subdivision 1 (cross-country ski pass)new text begin , and 85.46 (horse trail pass)new text end ;
(2) rules relating to hours and days of operation, restricted areas, noise, fireworks,
environmental protection, fires and refuse, pets, picnicking, camping and dispersed
camping, nonmotorized uses, construction of unauthorized permanent trails, mooring of
boats, fish cleaning, swimming, storage and abandonment of personal property, structures
and stands, animal trespass, state park individual and group motor vehicle permits,
licensed motor vehicles, designated roads, and snowmobile operation off trails;
(3) rules relating to off-highway vehicle registration, display of registration numbers,
required equipment, operation restrictions, off-trail use for hunting and trapping, and
operation in lakes, rivers, and streams;
(4) rules relating to off-highway vehicle and snowmobile operation causing damage
or in closed areas within the Richard J. Dorer Memorial Hardwood State Forest;
(5) rules relating to parking, snow removal, and damage on state forest roads; and
(6) rules relating to controlled hunting zones on major wildlife management units.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2007.
new text end
Sec. 7.
Minnesota Statutes 2005 Supplement, section 85.053, subdivision 2, is
amended to read:
Subd. 2.
Requirement.
Except as provided in section 85.054, a motor vehicle
may not enter a state park, state recreation area, or state wayside over 50 acres in area,
without a state park permit issued under this section. Except for vehicles permitted under
deleted text begin subdivisiondeleted text end new text begin subdivisionsnew text end 7, paragraph (a), clause (2),new text begin and 8, new text end the state park permit must be
affixed to the lower right corner windshield of the motor vehicle and must be completely
affixed by its own adhesive to the windshield, or the commissioner may, by written order,
provide an alternative means to display and validate annual permits.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2007.
new text end
Sec. 8.
Minnesota Statutes 2004, section 85.053, is amended by adding a subdivision
to read:
new text begin Subd. 8. new text end
new text begin Towed vehicles. new text end
new text begin
The commissioner shall prescribe and issue a temporary
permit for a vehicle that enters a park towed by a vehicle used for camping. The temporary
permit must be issued with the camping permit and allows the towed vehicle to be driven
in state parks until the camping permit expires.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2007.
new text end
Sec. 9.
Minnesota Statutes 2004, section 85.054, is amended by adding a subdivision
to read:
new text begin Subd. 12. new text end
new text begin Soudan Underground Mine State Park. new text end
new text begin
A state park permit is not
required and a fee may not be charged for motor vehicle entry or parking at the visitor
parking area of Soudan Underground Mine State Park.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2007.
new text end
Sec. 10.
Minnesota Statutes 2005 Supplement, section 85.055, subdivision 1, is
amended to read:
Subdivision 1.
Fees.
The fee for state park permits for:
(1) an annual use of state parks is $25;
(2) a second vehicle state park permit is $18;
(3) a state park permit valid for one day is deleted text begin $7deleted text end new text begin $5new text end ;
(4) a daily vehicle state park permit for groups is deleted text begin $5deleted text end new text begin $3new text end ;
(5) new text begin an annual permit for motorcycles is $20;
new text end
new text begin (6) new text end an employee's state park permit is without charge; and
deleted text begin (6)deleted text end new text begin (7)new text end a state park permit for deleted text begin handicappeddeleted text end new text begin disablednew text end persons under section 85.053,
subdivision 7, clauses (1) and (2), is $12.
The fees specified in this subdivision include any sales tax required by state law.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2007.
new text end
Sec. 11.
Minnesota Statutes 2004, section 85.32, subdivision 1, is amended to read:
Subdivision 1.
Areas marked.
The commissioner of natural resources is authorized
in cooperation with local units of government and private individuals and groups when
feasible to mark canoe and boating routes on the Little Fork, Big Fork, Minnesota,
St. Croix, Snake, Mississippi, Red Lake, Cannon, Straight, Des Moines, Crow Wing,
St. Louis, Pine, Rum, Kettle, Cloquet, Root, Zumbro, Pomme de Terre within Swift
County, Watonwan, Cottonwood, Whitewater, Chippewa from Benson in Swift County
to Montevideo in Chippewa County, Long Prairie, Red River of the North, new text begin Sauk, new text end and
Crow Rivers which have historic and scenic values and to mark appropriately points of
interest, portages, camp sites, and all dams, rapids, waterfalls, whirlpools, and other
serious hazards which are dangerous to canoe and watercraft travelers.
Sec. 12.
new text begin
[85.46] HORSE TRAIL PASS.
new text end
new text begin Subdivision 1. new text end
new text begin Pass in possession. new text end
new text begin
While riding, leading, or driving a horse on
horse trails and associated day use areas on state trails, in state parks, in state recreation
areas, and in state forests, a person 16 years of age or over shall carry in immediate
possession and visibly display on person or horse tack, a valid horse trail pass. The pass
must be available for inspection by a peace officer, a conservation officer, or an employee
designated under section 84.0835.
new text end
new text begin Subd. 2. new text end
new text begin License agents. new text end
new text begin
(a) The commissioner of natural resources may appoint
agents to issue and sell horse trail passes. The commissioner may revoke the appointment
of an agent at any time.
new text end
new text begin
(b) The commissioner may adopt additional rules as provided in section 97A.485,
subdivision 11. An agent shall observe all rules adopted by the commissioner for the
accounting and handling of passes according to section 97A.485, subdivision 11.
new text end
new text begin
(c) An agent must promptly deposit and remit all money received from the sale of
passes, except issuing fees, to the commissioner.
new text end
new text begin Subd. 3. new text end
new text begin Issuance. new text end
new text begin
The commissioner of natural resources and agents shall issue
and sell horse trail passes. The pass shall include the applicant's signature and other
information deemed necessary by the commissioner. To be valid, a pass must be signed by
the person riding, leading, or driving the horse.
new text end
new text begin Subd. 4. new text end
new text begin Pass fees. new text end
new text begin
(a) The fee for an annual horse trail pass is $20 for an individual
16 years of age and over. The fee shall be collected at the time the pass is purchased.
Annual passes are valid for one year beginning January 1 and ending December 31.
new text end
new text begin
(b) The fee for a daily horse trail pass is $4 for an individual 16 years of age and
over. The fee shall be collected at the time the pass is purchased. The daily pass is valid
only for the date designated on the pass form.
new text end
new text begin Subd. 5. new text end
new text begin Issuing fee. new text end
new text begin
In addition to the fee for a horse trail pass, an issuing fee of
$1 per pass shall be charged. The issuing fee shall be retained by the seller of the pass.
Issuing fees for passes sold by the commissioner of natural resources shall be deposited in
the state treasury and credited to the horse trail account in the natural resources fund and
are appropriated to the commissioner for the operation of the electronic licensing system.
A pass shall indicate the amount of the fee that is retained by the seller.
new text end
new text begin Subd. 6. new text end
new text begin Disposition of receipts. new text end
new text begin
Fees collected under this section, except for the
issuing fee, shall be deposited in the state treasury and credited to the horse trail account
in the natural resources fund. Except for the electronic licensing system commission
established by the commissioner under section 84.027, subdivision 15, the fees are
appropriated to the commissioner of natural resources for trail acquisition, trail and facility
development, and maintenance, enforcement, and rehabilitation of horse trails or trails
authorized for horse use, whether for riding, leading, or driving, on state trails and in state
parks, state recreation areas, and state forests.
new text end
new text begin Subd. 7. new text end
new text begin Duplicate horse trail passes. new text end
new text begin
The commissioner of natural resources and
agents shall issue a duplicate pass to a person whose pass is lost or destroyed using the
process established under section 97A.405, subdivision 3, and rules adopted thereunder.
The fee for a duplicate horse trail pass is $2, with an issuing fee of 50 cents.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2007.
new text end
Sec. 13.
Minnesota Statutes 2004, section 97A.028, subdivision 3, is amended to read:
Subd. 3.
Emergency deterrent materials assistance.
(a) For the purposes of this
subdivision, "cooperative damage management agreement" means an agreement between
a landowner or tenant and the commissioner that establishes a program for addressing the
problem of destruction of the landowner's or tenant's specialty crops or stored forage
crops by wild animals, or destruction of agricultural crops by flightless Canada geese.
(b) A landowner or tenant may apply to the commissioner for emergency deterrent
materials assistance in controlling destruction of the landowner's or tenant's specialty
crops or stored forage crops by wild animals, or destruction of agricultural crops by
flightless Canada geese. Subject to the availability of money appropriated for this purpose,
the commissioner shall provide suitable deterrent materials when the commissioner
determines that:
(1) immediate action is necessary to prevent significant damage from continuingnew text begin
or to prevent the spread of disease in wild animalsnew text end ; and
(2) a cooperative damage management agreement cannot be implemented
immediately.
(c) A person may receive emergency deterrent materials assistance under this
subdivision more than once, but the cumulative total value of deterrent materials provided
to a person, or for use on a parcel, may not exceed $3,000 for specialty cropsnew text begin or measures
to prevent the spread of disease in wild animals in animal disease quarantine areas
established by the Board of Animal Healthnew text end , deleted text begin ordeleted text end $750 for new text begin protecting new text end stored forage crops,
or $500 for agricultural crops damaged by flightless Canada geese. If a person is a
co-owner or cotenant with respect to the specialty crops for which the deterrent materials
are provided, the deterrent materials are deemed to be "provided" to the person for the
purposes of this paragraph.
(d) As a condition of receiving emergency deterrent materials assistance under this
subdivision, a landowner or tenant shall enter into a cooperative damage management
agreement with the commissioner. Deterrent materials provided by the commissioner may
include repellents, fencing materials, or other materials recommended in the agreement
to alleviate the damage problem. If requested by a landowner or tenant, any fencing
materials provided must be capable of providing long-term protection of specialty crops.
A landowner or tenant who receives emergency deterrent materials assistance under
this subdivision shall comply with the terms of the cooperative damage management
agreement.
Sec. 14.
Minnesota Statutes 2004, section 97A.045, subdivision 11, is amended to read:
Subd. 11.
Power to prevent or control wildlife disease.
(a) If the commissioner
determines that action is necessary to prevent or control a wildlife disease, the
commissioner may prevent or control wildlife disease in a species of wild animal in
addition to the protection provided by the game and fish laws by further limiting, closing,
expanding, or opening seasons or areas of the state; by reducing or increasing limits in
areas of the state; by establishing disease management zones; by authorizing free licenses;
by allowing shooting from motor vehicles by persons designated by the commissioner;
by issuing replacement licenses for sick animals; by requiring sample collection from
hunter-harvested animals; by limiting wild animal possession, transportation, and
disposition; and by restricting wildlife feeding.
(b) new text begin The commissioner shall restrict wildlife feeding within a 15-mile radius of a
cattle herd that is infected with bovine tuberculosis.
new text end
new text begin (c) new text end The commissioner may prevent or control wildlife disease in a species of wild
animal in the state by emergency rule adopted under section 84.027, subdivision 13.
Sec. 15.
Minnesota Statutes 2004, section 115B.48, subdivision 3, is amended to read:
Subd. 3.
Dry cleaning facility.
"Dry cleaning facility" means a facility located in
this state that is or has been used for a dry cleaning operation, other than:
(1) a coin-operated dry cleaning operation;
(2) a facility located on a United States military base;
(3) a uniform service or linen supply facility;
(4) a prison or other penal institution;
(5) a facility on the national priorities list established under the federal Superfund
Act; or
(6) a facility at which a response action has been taken or started deleted text begin under section
115B.17deleted text end before July 1, 1995, except as authorized in a settlement agreement approved by
the commissioner by July 1, 1997.
Sec. 16.
Laws 2005, First Special Session chapter 1, article 2, section 3, subdivision 2,
is amended to read:
Subd. 2.Land and Mineral Resources | |
| 8,903,000 | 8,675,000 |
| Summary by Fund | ||
| General | 5,498,000 | 5,248,000 |
| Natural Resources | 2,222,000 | 2,222,000 |
| Game and Fish | 983,000 | 1,005,000 |
| Permanent School | 200,000 | 200,000 |
$275,000 the first year and $275,000 the
second year are for iron ore cooperative
research, of which $137,500 the first year
and $137,500 the second year are available
only as matched by $1 of nonstate money for
each $1 of state money. The match may be
cash or in-kind.
$86,000 the first year and $86,000 the
second year are for minerals cooperative
environmental research, of which $43,000
the first year and $43,000 the second year are
available only as matched by $1 of nonstate
money for each $1 of state money. The
match may be cash or in-kind.
$2,046,000 the first year and $2,046,000
the second year are from the minerals
management account in the natural resources
fund for only the purposes specified in
new Minnesota Statutes, section 93.2236,
paragraph (c). Of this amount, $1,526,000
the first year and $1,526,000 the second
year are for mineral resource management,
$420,000 the first year and $420,000 the
second year are for projects to enhance future
income and promote new opportunities,
including value-added iron products,
geological mapping, and mercury research,
and $100,000 the first year and $100,000 the
second year are for environmental review and
the processing of permits for mining projects
that involve state-owned mineral rights. The
appropriation is from the revenue deposited
in the minerals management account
under Minnesota Statutes, section 93.22,
subdivision 1, paragraph (b). $100,000 each
year is a onetime appropriation.
$150,000 the first year and $150,000
the second year are from the state forest
suspense account in the permanent school
fund to accelerate land exchanges, land
sales, and commercial leasing of school
trust lands. This appropriation is to be used
toward meeting the provisions of Minnesota
Statutes, section 92.121, to exchange school
trust lands or put alternatives in effect when
management practices have diminished
or prohibited revenue generation, and the
direction of Minnesota Statutes, section
127A.31, to secure maximum long-term
economic return from the school trust lands
consistent with fiduciary responsibilities and
sound natural resources conservation and
management principles.
$50,000 the first year and $50,000 the second
year are from the state forest suspense
account in the permanent school fund to
identify, evaluate, and lease construction
aggregate located on school trust lands.
$250,000 the first year is for deleted text begin a grant to
the Board of Regents of the University of
Minnesota to drill a 5,000 foot core sampling
bore hole at the Tower-Soudan mine complex
in support of a National Science Foundation
grantdeleted text end new text begin building renovations at the International
Wolf Centernew text end . This is a onetime appropriationnew text begin
and is available until June 30, 2007.new text end
Sec. 17.
Laws 2005, First Special Session chapter 1, article 2, section 11, subdivision
10, is amended to read:
Subd. 10.Energy
|
1,896,000 |
1,896,000 |
||||
| Summary by Fund |
||
| Trust Fund |
1,896,000 |
1,896,000 |
(a) Clean Energy Resource Teams and
Community Wind Energy Rebate new text begin and
Financial Assistancenew text end Program
$350,000 the first year and $350,000 the
second year are from the trust fund to the
commissioner of commerce. $300,000 of
this appropriation is to provide technical
assistance to implement cost-effective
conservation, energy efficiency, and
renewable energy projects. $400,000 of this
appropriation is to assist deleted text begin twodeleted text end Minnesota
communities in developing locally owned
wind energy projects by offering financial
assistance new text begin andnew text end rebates.new text begin This appropriation
is available until June 30, 2009, at which
time the project must be completed and final
products delivered, unless an earlier date is
specified in the work program.new text end
(b) [Paragraph (b) was vetoed by the
governor.]
(c) Manure Methane Digester Compatible
Wastes and Electrical Generation
$50,000 the first year and $50,000 the
second year are from the trust fund to the
commissioner of agriculture to research the
potential for a centrally located, multifarm
manure digester and the potential use of
compatible waste streams with manure
digesters.
(d) Dairy Farm Digesters
$168,000 the first year and $168,000 the
second year are from the trust fund to the
commissioner of natural resources for an
agreement with the Minnesota Project for a
pilot project to evaluate anaerobic digester
technology on average size dairy farms of
50 to 300 cows.
(e) Wind to Hydrogen Demonstration
$400,000 the first year and $400,000 the
second year are from the trust fund to the
commissioner of natural resources for an
agreement with the University of Minnesota,
West Central Research and Outreach Center,
to develop a model community-scale
wind-to-hydrogen facility.
(f) Natural Gas Production from Agricultural
Biomass
$50,000 the first year and $50,000 the
second year are from the trust fund to the
commissioner of natural resources for an
agreement with Sebesta Blomberg and
Associates to demonstrate potential natural
gas yield using anaerobic digestion of blends
of chopped grasses or crop residue with hog
manure and determine optimum operating
conditions for conversion to natural gas.
(g) Biomass-Derived Oils for Generating
Electricity and Reducing Emissions
$75,000 the first year and $75,000 the second
year are from the trust fund to the University
of Minnesota to evaluate the environmental
and performance benefits of using renewable
biomass-derived oils, such as soybean oil,
for generating electricity.
(h) [Paragraph (h) was vetoed by the
governor.]
(i) [Paragraph (i) was vetoed by the
governor.]
Sec. 18. new text begin CARRYFORWARD.
new text end
new text begin
The appropriation under Laws 2003, chapter 128, article 1, section 9, subdivision
6, paragraph (c), for local initiative grants - parks and natural areas, is available until
June 30, 2007.
new text end
Sec. 19. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2004, section 17.10,
new text end
new text begin
is repealed.
new text end
Sec. 20. new text begin EFFECTIVE DATE.
new text end
new text begin
Unless otherwise specified, this article is effective the day following final enactment.
new text end
ARTICLE 13
CLEAN WATER LEGACY
Section 1. new text begin CLEAN WATER LEGACY APPROPRIATIONS.
|
||||||
new text begin
The sums shown in the columns marked "APPROPRIATIONS" are appropriated
from the general fund to the agencies and for the purposes specified in this article. Unless
otherwise specified, the appropriations in this article are available for the fiscal year
ending June 30, 2007. Appropriations in this article that are encumbered under contract,
including grant contracts, on or before June 30, 2007, are available until June 30, 2009.
All the appropriations in this article are onetime appropriations.
new text end
new text begin
Notwithstanding any other law enacted during the 2006 regular legislative session,
the maximum total general fund appropriation authorized for the purposes of this article
under all laws enacted during the 2006 regular legislative session is $20,000,000. Any
amounts appropriated from the general fund in any other law enacted during the 2006
regular legislative session that would cause the general fund appropriations to exceed
$20,000,000 are canceled.
new text end
new text begin
The appropriations in this article must be used to protect, restore, and preserve
the quality of Minnesota's surface waters. Allowable activities include surface water
assessments, program activities that target identified impairments, and development of
total maximum daily load studies (TMDL's) as required by section 303(d) of the federal
Clean Water Act, United States Code, title 33, section 1313(d), and applicable federal
regulations.
new text end
|
new text begin
SUMMARY BY FUND new text end |
||||||
|
new text begin
2007 new text end |
new text begin
TOTAL new text end |
|||||
|
new text begin
General new text end |
new text begin
$ new text end |
new text begin
20,000,000 new text end |
new text begin
$ new text end |
new text begin
20,000,000 new text end |
||
|
new text begin
APPROPRIATIONS new text end |
||||||
|
new text begin
Available for the Year new text end |
||||||
|
new text begin
Ending June 30 new text end |
||||||
|
new text begin
2007 new text end |
||||||
Sec. 2. new text begin POLLUTION CONTROL AGENCY
|
new text begin
$ new text end |
new text begin
5,030,000 new text end |
||||
new text begin
This appropriation may be spent for the
following purposes:
new text end
|
new text begin
(a) Statewide assessment of surface water quality and trends new text end |
new text begin
1,860,000 new text end |
|||||
new text begin new text end
new text begin
Up to $1,010,000 is available for grants or
contracts to support citizen monitoring of
surface waters.
new text end
|
new text begin
(b) Develop TMDL's and TMDL implementation plans for waters listed on the United States Environmental Protection Agency approved 2004 impaired waters list new text end |
new text begin
3,170,000 new text end |
|||||
new text begin
Up to $1,740,000 is available for grants or
contracts to develop TMDL's.
new text end
Sec. 3. new text begin PUBLIC FACILITIES AUTHORITY
|
new text begin
4,310,000 new text end |
|||||
new text begin
This appropriation may be spent for the
following purposes and is available until
spent:
new text end
|
new text begin
(a) Phosphorus reduction grants new text end |
new text begin
2,000,000 new text end |
|||||
new text begin
This appropriation is for phosphorus
reduction grants up to a maximum of
$500,000 per project.
new text end
|
new text begin
(b) Small community wastewater treatment loans and grants new text end |
new text begin
1,000,000 new text end |
|||||
|
new text begin
(c) Wastewater, storm water, and TMDL grants new text end |
new text begin
1,310,000 new text end |
|||||
new text begin
To the water pollution control revolving fund
under Minnesota Statutes, section 446A.07,
for wastewater treatment and storm water
projects and for total maximum daily load
grants under Minnesota Statutes, section
446A.073.
new text end
Sec. 4. new text begin AGRICULTURE DEPARTMENT
|
new text begin
2,600,000 new text end |
|||||
new text begin
This appropriation may be spent for the
following purposes:
new text end
|
new text begin
(a) Agricultural best management practices loan program new text end |
new text begin
1,400,000 new text end |
|||||
new text begin
For loans to producers and rural landowners.
This appropriation is available until spent.
new text end
new text begin
$1,200,000 is available for pass-through
to local governments and lenders for
low-interest loans.
new text end
|
new text begin
(b) Technical assistance new text end |
new text begin
800,000 new text end |
|||||
new text begin
To expand technical assistance to producers
and conservation professionals on nutrient
and pasture management, target practices to
sources of water impairments, coordinate
federal and state farm conservation programs
to fully utilize federal conservation funds,
and expand conservation planning assistance
for producers.
new text end
new text begin
$210,000 is available for grants or contracts
to develop nutrient and conservation
planning assistance information materials.
new text end
|
new text begin
(c) Research, evaluation, and effectiveness monitoring of agricultural practices in restoring impaired waters new text end |
new text begin
400,000 new text end |
|||||
Sec. 5. new text begin BOARD OF WATER AND SOIL
|
new text begin
5,930,000 new text end |
|||||
new text begin
All of the money appropriated in this section
as grants to local governments shall be
administered through the Board of Water
and Soil Resources' local water resources
protection and management program under
Minnesota Statutes, section 103B.3369.
new text end
new text begin
This appropriation may be spent for the
following purposes:
new text end
|
new text begin
(a) Targeted nonpoint restoration cost-share and incentive payments new text end |
new text begin
1,500,000 new text end |
|||||
new text begin
Up to $1,400,000 is available for grants.
new text end
new text begin new text end
|
new text begin
(b) Targeted nonpoint restoration technical, compliance, and engineering assistance activities new text end |
new text begin
2,000,000 new text end |
|||||
new text begin
Up to $1,900,000 is available for grants.
new text end
|
new text begin
(c) Reporting and evaluation of applied soil and water conservation practices new text end |
new text begin
200,000 new text end |
|||||
|
new text begin
(d) Grants to implement county individual sewage treatment system programs new text end |
new text begin
730,000 new text end |
|||||
|
new text begin
(e) Grants to support local nonpoint source protection activities related to lake and river protection and management new text end |
new text begin
1,500,000 new text end |
|||||
Sec. 6. new text begin DEPARTMENT OF NATURAL
|
new text begin
2,130,000 new text end |
|||||
new text begin
This appropriation may be spent for the
following purposes:
new text end
|
new text begin
(a) Statewide assessment of surface water quality and trends new text end |
new text begin
280,000 new text end |
|||||
|
new text begin
(b) Acquire high priority, sensitive riparian lands new text end |
new text begin
1,000,000 new text end |
|||||
|
new text begin
(c) Forest stewardship planning and implementation; research, evaluation, and monitoring; and technical assistance to local units of government new text end |
new text begin
850,000 new text end |
|||||
Sec. 7.
Minnesota Statutes 2004, section 115.03, is amended by adding a subdivision to
read:
new text begin Subd. 10. new text end
new text begin Nutrient loading offset. new text end
new text begin
Prior to the completion of a total maximum
daily load for an impaired water, the Pollution Control Agency may issue a permit for
a new discharger or an expanding discharger if it does not result in increased loading to
an impaired water. Where a new discharger or an expanding existing discharger cannot
effectively implement zero discharge options, the agency may issue a permit if the
increased loading is offset by reductions from other sources of loading to the impaired
water. The term "new discharger" is as defined in Code of Federal Regulations, title
40, section 122.2.
new text end
ARTICLE 14
ECONOMIC DEVELOPMENT
Section 1. new text begin ECONOMIC DEVELOPMENT APPROPRIATIONS.
new text end
new text begin
The sums shown in the columns marked "APPROPRIATIONS" are added to the
appropriations in Laws 2005, First Special Session chapter 1, article 3, or other law to the
agencies and for the purposes specified in this article. The appropriations are from the
general fund or another named fund and are available for the fiscal years indicated for
each purpose. The figures "2006" and "2007" used in this article mean that the addition
to the appropriation listed under them is available for the fiscal year ending June 30,
2006, or June 30, 2007, respectively. "The first year" is fiscal year 2006. "The second
year" is fiscal year 2007. "The biennium" is fiscal years 2006 and 2007. Supplementary
appropriations and reductions to appropriations for the fiscal year ending June 30, 2006,
are effective the day following final enactment.
new text end
|
new text begin
SUMMARY BY FUND new text end |
||||||
|
new text begin
2006 new text end |
new text begin
2007 new text end |
new text begin
TOTAL new text end |
||||
|
new text begin
General new text end |
new text begin
$ new text end |
new text begin
1,750,000 new text end |
new text begin
$ new text end |
new text begin
2,850,000 new text end |
new text begin
$ new text end |
new text begin
4,600,000 new text end |
|
new text begin
Special Revenue new text end |
new text begin
300,000 new text end |
new text begin
300,000 new text end |
||||
|
new text begin
Workforce Development new text end |
new text begin
1,920,000 new text end |
new text begin
2,170,000 new text end |
new text begin
4,090,000 new text end |
|||
|
new text begin
Petroleum Tank Cleanup new text end |
new text begin
450,000 new text end |
new text begin
450,000 new text end |
new text begin
900,000 new text end |
|||
|
new text begin
Telecommunications Access new text end |
new text begin
240,000 new text end |
new text begin
240,000 new text end |
||||
|
new text begin
TOTAL new text end |
new text begin
$ new text end |
new text begin
4,120,000 new text end |
new text begin
$ new text end |
new text begin
6,010,000 new text end |
new text begin
$ new text end |
new text begin
10,130,000 new text end |
|
new text begin
APPROPRIATIONS new text end |
||||||
|
new text begin
Available for the Year new text end |
||||||
|
new text begin
Ending June 30 new text end |
||||||
|
new text begin
2006 new text end |
new text begin
2007 new text end |
|||||
Sec. 2. new text begin DEPARTMENT OF EMPLOYMENT
|
||||||
new text begin Subdivision 1. new text end
new text begin
Total appropriation
|
new text begin
$ new text end |
new text begin
1,920,000 new text end |
new text begin
$ new text end |
new text begin
4,970,000 new text end |
||
new text begin
This appropriation includes money for the
purposes in subdivisions 2 to 8.
new text end
new text begin Subd. 2. new text end
new text begin
Business and community
|
new text begin
500,000 new text end |
|||||
new text begin
For a grant to BioBusiness Alliance
of Minnesota for bioscience business
development programs that will work to grow
and create bioscience jobs in this state and
position Minnesota as a global biobusiness
leader. An annual report on the expenditure
of the appropriation must be submitted to
the senate Environment, Agriculture, and
Economic Development Budget Division,
and the house of representatives Jobs and
Economic Opportunity Policy and Finance
Committee by June 30 of each fiscal year
until the appropriation is expended. The
report must include the impact, if available,
of the subsidy on reducing consumer costs of
bioengineered products, and the jobs created,
including wages and benefits. This is a
onetime appropriation.
new text end
new text begin Subd. 3. new text end
new text begin
Biotech partnership
|
new text begin
2,000,000 new text end |
|||||
new text begin
For direct and indirect expenses of the
collaborative research partnership between
the University of Minnesota and the Mayo
Foundation for research in biotechnology
and medical genomics. This is a onetime
appropriation. An annual report on the
expenditure of this appropriation must be
submitted to the governor and the chairs
of the senate Higher Education Budget
Division, the house of representatives
Higher Education Finance Committee,
the senate Environment, Agriculture, and
Economic Development Budget Division,
and the house of representatives Jobs and
Economic Opportunity Policy and Finance
Committee by June 30 of each fiscal year
until the appropriation is expended. The
report must include the impact, if available,
of the subsidy on reducing consumer costs
of bioengineered products and the jobs
created, including wages and benefits. This
appropriation is available until expended.
new text end
new text begin Subd. 4. new text end
new text begin
Programs for persons with
|
new text begin
150,000 new text end |
|||||
new text begin
For a grant to Advocating Change Together.
The grant must be used to provide training,
technical assistance, and resource materials
to persons with developmental and mental
health disabilities. This appropriation
becomes part of the base appropriation
for the Department of Employment and
Economic Development.
new text end
new text begin Subd. 5. new text end
new text begin
Wastewater treatment
|
new text begin
100,000 new text end |
|||||
new text begin
For a grant to the city of Cedar Mills for costs
it incurred in construction of a wastewater
treatment system for 28 properties. The
city must use the money to reduce its
indebtedness for additional costs of the
system that was not part of the originally
planned project and resulted in excessive
costs to homeowners. This is a onetime
appropriation.
new text end
new text begin Subd. 6. new text end
new text begin
Pilot workforce program
|
new text begin
250,000 new text end |
|||||
new text begin
This appropriation is from the workforce
development fund for grants to the West
Central Initiative in Fergus Falls. These
grants must be used to implement and operate
Northern Connections, a pilot workforce
program that provides one-stop supportive
services to assist individuals as they transition
into the workforce. This appropriation is
available to the extent matched by $1 of
nonstate money for each $1 of state money.
This is a onetime appropriation.
new text end
new text begin Subd. 7. new text end
new text begin
Summer youth employment
|
new text begin
1,920,000 new text end |
new text begin
1,920,000 new text end |
||||
new text begin
This appropriation is from the workforce
development fund for grants to fund summer
youth employment in Minneapolis. The
grants shall be used to fund up to 500 jobs for
youth each summer. Of this appropriation,
$250,000 the first year and $250,000 the
second year are for a grant to the learn-to-earn
summer youth employment program. The
commissioner shall establish criteria for
awarding the grants. This appropriation is
available in either year of the biennium and
is available until spent.
new text end
new text begin Subd. 8. new text end
new text begin
Veterans' memorial
|
new text begin
50,000 new text end |
|||||
new text begin
For a grant to the city of Worthington for
the construction of a veterans' memorial in
Freedom Veterans' Memorial Park. This
appropriation is contingent upon the receipt
of local matching money on a $1 to $1 basis.
This is a onetime appropriation.
new text end
Sec. 3. new text begin DEPARTMENT OF COMMERCE
|
new text begin
450,000 new text end |
new text begin
450,000 new text end |
||||
new text begin
Notwithstanding Minnesota Statutes, section
115C.09, subdivision 2a, this appropriation
is from the petroleum tank release cleanup
fund for costs reimbursable under Minnesota
Statutes, section 115C.09, that were incurred
before January 1, 2004.
new text end
Sec. 4. new text begin HOUSING FINANCE AGENCY
|
new text begin
300,000 new text end |
|||||
new text begin
This appropriation is from the real estate
education, research, and recovery fund
under Minnesota Statutes, section 82.43, for
mortgage foreclosure prevention under the
homeownership education, counseling, and
training program under Minnesota Statutes,
section 462A.209.
new text end
Sec. 5. new text begin DEPARTMENT OF HUMAN
|
new text begin
240,000 new text end |
|||||
new text begin
This appropriation is from the
telecommunications access Minnesota fund
under Minnesota Statutes, section 237.52,
to supplement the ongoing operational
expenses of the Commission Serving
Deaf and Hard-of-Hearing People. This
appropriation shall become part of base level
funding for the commission for the biennium
beginning July 1, 2007.
new text end
Sec. 6. new text begin BOXING COMMISSION
|
new text begin
50,000 new text end |
|||||
new text begin
To operate and administer the commission.
This appropriation is the annual base for
future years. This appropriation is contingent
upon enactment of new Minnesota Statutes,
sections 341.21 to 341.37.
new text end
Sec. 7. new text begin EXPLORE MINNESOTA TOURISM
|
new text begin
1,750,000 new text end |
|||||
new text begin
For a grant to the Minnesota Film and
TV Board for reimbursements of up to 15
percent of film production costs incurred in
Minnesota, under Minnesota Statutes, section
116J.543. This appropriation is available for
films that begin filming on or after May 1,
2006, and is available until June 30, 2007.
new text end
Sec. 8.
Laws 2005, First Special Session chapter 1, article 3, section 2, subdivision 4,
is amended to read:
Subd. 4.Workforce Services | 27,960,000 | 28,160,000 | ||||
| Summary by Fund | ||
| General | 20,165,000 | 20,165,000 |
| Workforce Development | 7,795,000 | 7,995,000 |
$4,864,000 the first year and $4,864,000 the
second year are from the general fund and
$7,420,000 the first year and $7,420,000
the second year are from the workforce
development fund for extended employment
services for persons with severe disabilities
or related conditions under Minnesota
Statutes, section 268A.15. Of the amount
from the workforce development fund,
$500,000 each year is onetime.
$1,690,000 the first year and $1,690,000
the second year are from the general
fund for grants under Minnesota Statutes,
section 268A.11, for the eight centers for
independent living. Money not expended the
first year is available the second year.
$150,000 the first year and $150,000 the
second year are from the general fund
and $175,000 the first year and $175,000
the second year are from the workforce
development fund for grants under Minnesota
Statutes, section 268A.03, to Rise, Inc.
for the Minnesota Employment Center for
People Who are Deaf or Hard-of-Hearing.
Money not expended the first year is available
the second year. Of the amount from the
workforce development fund, $150,000 each
year isdeleted text begin onetimedeleted text end new text begin added to the budget basenew text end .
$1,000,000 the first year and $1,000,000
the second year are from the general fund
and $200,000 the first year and $400,000
the second year are from the workforce
development fund for grants for programs
that provide employment support services to
persons with mental illness under Minnesota
Statutes, sections 268A.13 and 268A.14.
Up to $77,000 each year may be used
for administrative and salary expenses.
The appropriation from the workforce
development fund is onetime.
$4,940,000 the first year and $4,940,000 the
second year are from the general fund for
state services for the blind activities.
$7,521,000 the first year and $7,521,000 the
second year are from the general fund for the
state's vocational rehabilitation program for
people with significant disabilities to assist
with employment, under Minnesota Statutes,
chapter 268A.
On or after July 1, 2005, the commissioner
of finance shall cancel the unencumbered
balance in the contaminated site cleanup and
development account to the unrestricted fund
balance in the general fund.
Sec. 9.
Minnesota Statutes 2004, section 16B.325, is amended to read:
16B.325 SUSTAINABLE BUILDING GUIDELINES.
new text begin Subdivision 1. new text end
new text begin Energy, lighting, air quality, and other guidelines. new text end
The Department
of Administration and the Department of Commerce, with the assistance of other agencies,
shall develop sustainable building design guidelines for all new state buildings by January
15, 2003. The primary objectives of these guidelines are to ensure that all new state
buildings initially exceed existing energy code, as established in Minnesota Rules, chapter
7676, by at least 30 percent. The guidelines must focus on achieving the lowest possible
lifetime cost for new buildings and allow for changes in the guidelines that encourage
continual energy conservation improvements in new buildings. The design guidelines
must establish sustainability guidelines that include air quality and lighting standards and
that create and maintain a healthy environment and facilitate productivity improvements;
specify ways to reduce material costs; and must consider the long-term operating costs of
the building, including the use of renewable energy sources and distributed electric energy
generation that uses a renewable source or natural gas or a fuel that is as clean or cleaner
than natural gas. In developing the guidelines, the departments shall use an open process,
including providing the opportunity for public comment. The guidelines established under
this deleted text begin sectiondeleted text end new text begin subdivision new text end are mandatory for all new buildings receiving funding from the
bond proceeds fund after January 1, 2004.
new text begin Subd. 2. new text end
new text begin Greenhouse gases. new text end
new text begin
The Department of Administration and the Department
of Commerce, with the assistance of other agencies, shall report to the legislature by
March 15, 2007, on guidelines and procedures for a requirement that no net increases
in greenhouse gases are allowed as a result of new building projects. The guidelines
established under this subdivision are mandatory for all new buildings receiving funding
from the bond proceeds fund after January 1, 2008.
new text end
Sec. 10.
Minnesota Statutes 2004, section 43A.08, subdivision 1a, is amended to read:
Subd. 1a.
Additional unclassified positions.
Appointing authorities for the
following agencies may designate additional unclassified positions according to this
subdivision: the Departments of Administration; Agriculture; Commerce; Corrections;
Education; Employee Relations; Employment and Economic Developmentnew text begin ; Explore
Minnesota Tourismnew text end ; Finance; Health; Human Rights; Labor and Industry; Natural
Resources; Public Safety; Human Services; Revenue; Transportation; and Veterans
Affairs; the Housing Finance and Pollution Control Agencies; the State Lottery; the state
Board of Investment; the Office of Administrative Hearings; the Office of Environmental
Assistance; the Offices of the Attorney General, Secretary of State, and State Auditor;
the Minnesota State Colleges and Universities; the Higher Education Services Office; the
Perpich Center for Arts Education; and the Minnesota Zoological Board.
A position designated by an appointing authority according to this subdivision must
meet the following standards and criteria:
(1) the designation of the position would not be contrary to other law relating
specifically to that agency;
(2) the person occupying the position would report directly to the agency head or
deputy agency head and would be designated as part of the agency head's management
team;
(3) the duties of the position would involve significant discretion and substantial
involvement in the development, interpretation, and implementation of agency policy;
(4) the duties of the position would not require primarily personnel, accounting, or
other technical expertise where continuity in the position would be important;
(5) there would be a need for the person occupying the position to be accountable to,
loyal to, and compatible with, the governor and the agency head, the employing statutory
board or commission, or the employing constitutional officer;
(6) the position would be at the level of division or bureau director or assistant
to the agency head; and
(7) the commissioner has approved the designation as being consistent with the
standards and criteria in this subdivision.
Sec. 11.
Minnesota Statutes 2004, section 80C.01, subdivision 4, is amended to read:
Subd. 4.
Franchise.
(a) "Franchise" means (1) a contract or agreement, either
express or implied, whether oral or written, for a definite or indefinite period, between
two or more persons:
(i) by which a franchisee is granted the right to engage in the business of offering or
distributing goods or services using the franchisor's trade name, trademark, service mark,
logotype, advertising, or other commercial symbol or related characteristics;
(ii) in which the franchisor and franchisee have a community of interest in the
marketing of goods or services at wholesale, retail, by lease, agreement, or otherwise; and
(iii) for which the franchisee pays, directly or indirectly, a franchise fee; or
(2) a contract, lease, or other agreement, either express or implied, whether oral or
written, for a definite or indefinite period, between two or more persons, whereby the
franchisee is authorized, permitted, or granted the right to market motor vehicle fuel at
retail under the franchisor's trade name, trademark, service mark, logotype, or other
commercial symbol or related characteristics owned or controlled by the franchisor; or
(3) the sale or lease of any products, equipment, chattels, supplies, or services to the
purchaser, other than the sale of sales demonstration equipment, materials or samples for a
total price of $500 or less to any one person, for the purpose of enabling the purchaser
to start a business and in which the seller:
(i) represents that the seller, lessor, or an affiliate thereof will provide locations or
assist the purchaser in finding locations for the use or operation of vending machines,
racks, display cases, or similar devices, or currency operated amusement machines or
devices, on premises neither owned or leased by the purchaser or seller; or
(ii) represents that the seller will purchase any or all products made, produced,
fabricated, grown, bred, or modified by the purchaser using, in whole or in part, the
supplies, services, or chattels sold to the purchaser; or
(iii) guarantees that the purchaser will derive income from the business which
exceeds the price paid to the seller; or
(4) an oral or written contract or agreement, either expressed or implied, for a
definite or indefinite period, between two or more persons, under which a manufacturer,
selling security systems through dealers or distributors in this state, requires regular
payments from the distributor or dealer as royalties or residuals for products purchased
and paid for by the dealer or distributor.
(b) "Franchise" does not include any business which is operated under a lease or
license on the premises of the lessor or licensor as long as such business is incidental to
the business conducted by the lessor or licensor on such premises, including, without
limitation, leased departments, licensed departments, and concessions.
(c) "Franchise" does not include any contract, lease or other agreement whereby the
franchisee is required to pay less than $100 on an annual basis, except those franchises
identified in paragraph (a), clause (2).
(d) "Franchise" does not include a contract, lease or other agreement between a new
motor vehicle manufacturer, distributor, or factory branch and a franchisee whereby the
franchisee is granted the right to market automobiles, motorcycles, trucks, truck-tractors,
or self-propelled motor homes or campers if the foregoing are designed primarily for the
transportation of persons or property on public highways.
(e) "Franchise" does not include a contract, lease, or other agreement or arrangement
between two or more air carriers, or between one or more air carriers and one or more
foreign air carriers. The terms "air carrier" and "foreign air carrier" shall have the
meanings assigned to them by the Federal Aviation Act, United States Code Appendix,
title 49, sections 1301(3) and 1301(22), respectively.
new text begin
(f) For purposes of paragraph (a), clause (2), "franchise" does not include the
marketing of motor vehicle fuel in circumstances where all the following are present:
new text end
new text begin
(1) the franchisor or an affiliate of the franchisor is not a refiner of motor vehicle
fuel, diesel fuel, or gasoline;
new text end
new text begin
(2) the franchisor's trade name, trademark, service mark, logotype, or other
commercial symbol or related characteristics is not used to identify the marketing premises
generally, but only the gasoline dispensers, canopy, and gasoline price signage, provided,
however, this circumstance is not changed by a voluntary decision by the retailer to
identify the buildings on the premises in the manner selected by the retailer;
new text end
new text begin
(3) the franchisor does not impose any requirements or franchise fee on nonmotor
vehicle fuel products or sales, provided this circumstance is not changed by a voluntary
decision by the retailer to purchase nonmotor vehicle fuel products from the franchisor or
an affiliate of the franchisor; and
new text end
new text begin
(4) the facility is not leased from the franchisor or affiliate of the franchisor.
new text end
deleted text begin (f) deleted text end new text begin (g) new text end For purposes of this chapter, a person who sells motor vehicle fuel at
wholesale who does not own or control, or is not an affiliate of a person who owns or
controls, the trademark, trade name, service mark, logotype, or other commercial symbol
or related characteristics under which the motor vehicle fuel is sold at retail, is not a
franchisor or a franchisee, and is not considered to be part of a franchise relationship.
Sec. 12.
new text begin
[80C.144] EXEMPT MOTOR FUEL FRANCHISES; ALTERNATIVE
COMPLIANCE.
new text end
new text begin
A motor fuel franchise exempt from regulation under this chapter pursuant to section
80C.01, subdivision 4, paragraph (f), is subject to regulation under chapter 80F.
new text end
Sec. 13.
Minnesota Statutes 2005 Supplement, section 115C.09, subdivision 3j,
is amended to read:
Subd. 3j.
Retail locations and transport vehicles.
(a) As used in this subdivision,
"retail location" means a facility located in the metropolitan area as defined in section
473.121, subdivision 2, where gasoline is offered for sale to the general public for use in
automobiles and trucks. "Transport vehicle" means a liquid fuel cargo tank used to deliver
gasoline into underground storage tanks during 2002 deleted text begin anddeleted text end new text begin ornew text end 2003 at a retail location.
(b) Notwithstanding any other provision in this chapter, and any rules adopted under
this chapter, the board shall reimburse 90 percent of an applicant's cost for retrofits of
retail locations and transport vehicles completed between January 1, 2001, and deleted text begin Januarydeleted text end new text begin
Septembernew text end 1, 2006, to comply with section 116.49, subdivisions 3 and 4, provided that the
board determines the costs were incurred and reasonable. The reimbursement may not
exceed $3,000 per retail location and $3,000 per transport vehicle.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective retroactively from August 1, 2003.
new text end
Sec. 14.
Minnesota Statutes 2004, section 116J.421, subdivision 3, is amended to read:
Subd. 3.
Duties.
The center shall:
(1) research and identify present and emerging social and economic issues for rural
Minnesota, including health care, transportation, crime, housing, and job training;
(2) forge alliances and partnerships with rural communities to find practical solutions
to economic and social problems;
(3) provide a resource center for rural communities on issues of importance to them;
(4) encourage collaboration across higher education institutions to provide
interdisciplinary team approaches to problem solving with rural communities; deleted text begin and
deleted text end
(5) involve students in center projectsnew text begin ; and
new text end
new text begin (6) submit to the legislature a report on the "State of Rural Minnesota" no later
than March 1 in each odd-numbered yearnew text end .
Sec. 15.
Minnesota Statutes 2004, section 116J.543, is amended to read:
116J.543 FILM PRODUCTION JOBS PROGRAM.
new text begin (a) new text end The film production jobs program is created. The program shall be operated
by the Minnesota Film new text begin and TV new text end Board with administrative oversight and control by the
commissioner of employment and economic development. The program shall make
payment to producers of deleted text begin long-form and narrative film productionsdeleted text end new text begin feature films, national
television programs, documentaries, music videos, and commercials new text end that directly create
new film jobs in Minnesota. To be eligible for a payment, a producer must submit
documentation to the Minnesota Film new text begin and TV new text end Board of expenditures for deleted text begin wages for work
on new film production jobs in Minnesota by resident Minnesotans. The film jobs include
work such as technical crews, acting talent, set construction, soundstage or equipment
rental, local postproduction film processing, and other film production jobsdeleted text end new text begin production
costs incurred in Minnesota that are directly attributable to the production in Minnesota of
a film productnew text end .
The new text begin Minnesota new text end Film new text begin and TV new text end Board deleted text begin mustdeleted text end new text begin shallnew text end make recommendations to the
commissioner about program payment, but deleted text begin the recommendations are not binding anddeleted text end
the commissioner has the authority to make the final determination on payments. The
commissioner's determination must be based on deleted text begin the amount of wages documented to the
Film Board and the likelihood that the payment will lead to further documentable wage
payments. Payment may not exceed $100,000 for a single long-form and narrative filmdeleted text end new text begin
proper documentation of eligible production costs submitted for paymentsnew text end . No more than
five percent of the funds appropriated for the program in any year may be expended for
administration. deleted text begin Individual feature film projects shooting on or after January 1, 1997, will
be eligible for fund allocations.
deleted text end
new text begin
(b) For the purposes of this section:
new text end
new text begin
(1) "production costs" means the cost of the following:
new text end
new text begin
(i) a story and scenario to be used for a film;
new text end
new text begin
(ii) salaries of talent, management, and labor, including payments to personal
services corporations for the services of a performing artist;
new text end
new text begin
(iii) set construction and operations, wardrobe, accessories, and related services;
new text end
new text begin
(iv) photography, sound synchronization, lighting, and related services;
new text end
new text begin
(v) editing and related services;
new text end
new text begin
(vi) rental of facilities and equipment; or
new text end
new text begin
(vii) other direct costs of producing the film in accordance with generally accepted
entertainment industry practice; and
new text end
new text begin
(2) "film" means a movie, television show, documentary, music video, or television
commercial, whether on film or video. Film does not include news, current events, public
programming, or a program that includes weather or market reports; a talk show; a
production with respect to a questionnaire or contest; a sports event or sports activity; a
gala presentation or awards show; a finished production that solicits funds; or a production
for which the production company is required under United States Code, title 18, section
2257, to maintain records with respect to a performer portrayed in a single-media or
multimedia program.
new text end
Sec. 16.
Minnesota Statutes 2005 Supplement, section 116J.551, subdivision 1, is
amended to read:
Subdivision 1.
Grant account.
A contaminated site cleanup and development grant
account is created in the general fund. Money in the account may be used, as appropriated
by law, to make grants as provided in section 116J.554 and to pay for the commissioner's
costs in reviewing applications and making grants. Notwithstanding section 16A.28,deleted text begin
money appropriated to the account is available for four yearsdeleted text end new text begin grant money appropriated
for this program, from any source, is available until spentnew text end .
Sec. 17.
new text begin
[116J.656] SMALL BUSINESS ACCESS TO FEDERAL RESEARCH
FUNDS.
new text end
new text begin
(a) The commissioner shall assist small businesses to access federal money through
the federal Small Business Innovation Research program and the Small Business
Technology Transfer program. In providing this assistance, the commissioner shall
maintain connections to eligible federal programs, assess specific funding opportunities,
review funding proposals, provide referrals to specific consulting services, and hold
training workshops throughout the state.
new text end
new text begin
(b) Unless prohibited by federal law, the commissioner must implement fees for
services that help companies seek federal Phase II Small Business Innovation Research
grants. The fees must be deposited in a special revenue account and are annually
appropriated to the commissioner for the Small Business Innovation Research and Small
Business Technology Transfer programs.
new text end
Sec. 18.
Minnesota Statutes 2004, section 116L.04, subdivision 1, is amended to read:
Subdivision 1.
Partnership program.
(a) The partnership program may provide
grants-in-aid to educational or other nonprofit educational institutions using the following
guidelines:
(1) the educational or other nonprofit educational institution is a provider of training
within the state in either the public or private sector;
(2) the program involves skills training that is an area of employment need; and
(3) preference will be given to educational or other nonprofit training institutions
which serve economically disadvantaged people, minorities, or those who are victims of
economic dislocation and to businesses located in rural areas.
(b) A single grant to any one institution shall not exceed $400,000. deleted text begin Up to 25 percentdeleted text end
new text begin A portion new text end of a grant may be used for preemployment training.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 19.
Minnesota Statutes 2004, section 116L.04, subdivision 1a, is amended to read:
Subd. 1a.
Pathways program.
The pathways program may provide grants-in-aid
for developing programs which assist in the transition of persons from welfare to work and
assist individuals at or below 200 percent of the federal poverty guidelines. The program
is to be operated by the board. The board shall consult and coordinate with program
administrators at the Department of Employment and Economic Development to design
and provide services for temporary assistance for needy families recipients.
Pathways grants-in-aid may be awarded to educational or other nonprofit training
institutions for education and training programs and services supporting education and
training programs that serve eligible recipients.
Preference shall be given to projects that:
(1) provide employment with benefits paid to employees;
(2) provide employment where there are defined career paths for trainees;
(3) pilot the development of an educational pathway that can be used on a continuing
basis for transitioning persons from welfare to work; and
(4) demonstrate the active participation of Department of Employment and
Economic Development workforce centers, Minnesota State College and University
institutions and other educational institutions, and local welfare agencies.
Pathways projects must demonstrate the active involvement and financial
commitment of private business. Pathways projects must be matched with cash or in-kind
contributions on at least a one-to-one ratio by participating private business.
A single grant to any one institution shall not exceed $400,000. deleted text begin Up to 25 percent ofdeleted text end
new text begin A portion of new text end a grant may be used for preemployment training.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 20.
Minnesota Statutes 2004, section 116L.12, subdivision 4, is amended to read:
Subd. 4.
Grants.
Within the limits of available appropriations, the board shall make
grants not to exceed $400,000 each to qualifying consortia to operate local, regional, or
statewide training and retention programs. Grants may be made from TANF funds, general
fund appropriations, and any other funding sources available to the board, provided the
requirements of those funding sources are satisfied.deleted text begin Up to 25 percent deleted text end new text begin A portion new text end of a
grant may be used for preemployment training. Grant awards must establish specific,
measurable outcomes and timelines for achieving those outcomes.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 21.
Minnesota Statutes 2004, section 178.03, is amended by adding a subdivision
to read:
new text begin Subd. 3a. new text end
new text begin Apprentice wages. new text end
new text begin
(a) The graduated schedule of wages for an
apprenticeship agreement will be determined by the percentage rate used in the majority of
individual apprenticeship agreements on file with the Department of Labor and Industry,
Division of Voluntary Apprenticeship, in any particular trade. The beginning rate must be
at least the federal or state minimum wage rate, whichever is higher.
new text end
new text begin
(b) The journeyman wage rate for apprenticeship agreements where no bargaining
agreement exists must be determined by counties, for all trades. If there is either a state or
federal prevailing wage determination or apprenticeship agreement for a trade, the most
current rate of the determination or agreement must be used as the journeyman wage rate.
new text end
new text begin
(c) This subdivision does not apply to programs in penal institutions including
stipends paid by the Department of Corrections.
new text end
Sec. 22.
Minnesota Statutes 2004, section 183.02, is amended by adding a subdivision
to read:
new text begin Subd. 4. new text end
new text begin Inland waters. new text end
new text begin
"Inland waters" means navigable bodies of water within
the boundaries of this state, excluding boundary lakes and boundary rivers.
new text end
Sec. 23.
Minnesota Statutes 2005 Supplement, section 216C.052, subdivision 3,
is amended to read:
Subd. 3.
Assessment and appropriation.
In addition to the amount noted in
subdivision 2, the commission may assess utilities, using the mechanism specified in that
subdivision, up to an additional $500,000 annually through June 30, deleted text begin 2006deleted text end new text begin 2008new text end . The
amounts assessed under this subdivision are appropriated to the commission, and some or
all of the amounts assessed may be transferred to the commissioner of administration, for
the purposes specified in section 16B.325 and Laws 2001, chapter 212, article 1, section
3, as needed to implement those sections.
Sec. 24.
Minnesota Statutes 2005 Supplement, section 216C.052, subdivision 4,
is amended to read:
Subd. 4.
Expiration.
deleted text begin This section expiresdeleted text end new text begin Subdivisions 1 and 2 expire new text end June 30,
2007.new text begin Subdivision 3 expires June 30, 2008.
new text end
Sec. 25.
Minnesota Statutes 2005 Supplement, section 216C.41, subdivision 3, is
amended to read:
Subd. 3.
Eligibility window.
Payments may be made under this section only for
electricity generated:
(1) from a qualified hydroelectric facility that is operational and generating
electricity before December 31, deleted text begin 2007deleted text end new text begin 2009new text end ;
(2) from a qualified wind energy conversion facility that is operational and
generating electricity before January 1, deleted text begin 2007deleted text end new text begin 2008new text end ; or
(3) from a qualified on-farm biogas recovery facility from July 1, 2001, through
December 31, 2017.
Sec. 26.
Minnesota Statutes 2004, section 216C.41, subdivision 4, is amended to read:
Subd. 4.
Payment period.
(a) A facility may receive payments under this section for
a ten-year period. No payment under this section may be made for electricity generated:
(1) by a qualified hydroelectric facility after December 31, deleted text begin 2017deleted text end new text begin 2019new text end ;
(2) by a qualified wind energy conversion facility after December 31, deleted text begin 2017deleted text end new text begin 2018new text end ; or
(3) by a qualified on-farm biogas recovery facility after December 31, 2015.
(b) The payment period begins and runs consecutively from the date the facility
begins generating electricity or, in the case of refurbishment of a hydropower facility, after
substantial repairs to the hydropower facility dam funded by the incentive payments are
initiated.
Sec. 27.
Minnesota Statutes 2004, section 298.22, subdivision 1, is amended to read:
Subdivision 1.
The office of the commissioner of Iron Range resources and
rehabilitation.
(1) The office of the commissioner of Iron Range resources and
rehabilitation is creatednew text begin as an agency in the executive branch of state governmentnew text end . The
governor shall appoint the commissioner of Iron Range resources and rehabilitation under
section 15.06.
(2) The commissioner may hold other positions or appointments that are not
incompatible with duties as commissioner of Iron Range resources and rehabilitation. The
commissioner may appoint a deputy commissioner. All expenses of the commissioner,
including the payment of deleted text begin suchdeleted text end new text begin staff and othernew text end assistance as may be necessary, must be
paid out of the amounts appropriated by section 298.28new text begin or otherwise made available by
law to the commissionernew text end .
(3) When the commissioner determines that distress and unemployment exists or
may exist in the future in any county by reason of the removal of natural resources or
a possibly limited use of natural resources in the future and any resulting decrease in
employment, the commissioner may use whatever amounts of the appropriation made to
the commissioner of revenue in section 298.28 that are determined to be necessary and
proper in the development of the remaining resources of the county and in the vocational
training and rehabilitation of its residents, except that the amount needed to cover cost
overruns awarded to a contractor by an arbitrator in relation to a contract awarded by
the commissioner or in effect after July 1, 1985, is appropriated from the general fund.
For the purposes of this section, "development of remaining resources" includes, but is
not limited to, the promotion of tourism.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 28.
Minnesota Statutes 2004, section 298.22, subdivision 8, is amended to read:
Subd. 8.
Spending priority.
In making or approving any expenditures on programs
or projects, the commissioner and the board shall give the highest priority to programs
and projects that target relief to those areas of the taconite assistance area as defined in
section 273.1341, that have the largest percentages of job losses and population losses
directly attributable to the economic downturn in the taconite industry since the 1980s.
The commissioner and the board shall compare the 1980 population and employment
figures with the 2000 population and employment figures, and shall specifically consider
the job losses in 2000 and 2001 resulting from the closure of LTV Steel Mining Company,
in making or approving expenditures consistent with this subdivision, as well as the areas
of residence of persons who suffered job loss for which relief is to be targeted under this
subdivision. new text begin The commissioner may lease, for a term not exceeding 50 years and upon the
terms determined by the commissioner and approved by the board, surface and mineral
interests owned or acquired by the state of Minnesota acting by and through the office
of the commissioner of Iron Range resources and rehabilitation within those portions of
the taconite assistance area impacted by the closure of the LTV Steel Mining Company
facility near Hoyt Lakes. The payments and royalties from these leases must be deposited
into the fund established in section 298.292. new text end This subdivision supersedes any other
conflicting provisions of law and does not preclude the commissioner and the board from
making expenditures for programs and projects in other areas.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 29.
Minnesota Statutes 2004, section 298.22, is amended by adding a subdivision
to read:
new text begin Subd. 11. new text end
new text begin Budgeting. new text end
new text begin
The commissioner of Iron Range resources and rehabilitation
shall annually prepare a budget of operational expenditures, programs, and projects, and
submit it to the Iron Range Resources and Rehabilitation Board and the governor for
approval. Upon board approval, the commissioner is authorized to expend available funds
approved in the budget for operational expenditures, projects, and programs.
new text end
Sec. 30.
Minnesota Statutes 2004, section 298.2213, subdivision 4, is amended to read:
Subd. 4.
Project approval.
The boardnew text begin and commissionernew text end shall by August 1 each
year prepare a list of projects to be funded from the money appropriated in this section
with necessary supporting information including descriptions of the projects, plans, and
cost estimates. A project must not be approved by the board unless it finds that:
(1) the project will materially assist, directly or indirectly, the creation of additional
long-term employment opportunities;
(2) the prospective benefits of the expenditure exceed the anticipated costs; and
(3) in the case of assistance to private enterprise, the project will serve a sound
business purpose.
deleted text begin To be proposed by the board, adeleted text end new text begin Eachnew text end project must be approved by a majority of
the Iron Range Resources and Rehabilitation Board members and the commissioner of
Iron Range resources and rehabilitation. The list of projects must be submitted to the
governor, who shall, by November 15 of each year, approve, disapprove, or return for
further consideration, each project. The money for a project may be spent only upon
approval of the project by the governor. The board may submit supplemental projects
for approval at any time.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 31.
Minnesota Statutes 2004, section 298.223, subdivision 2, is amended to read:
Subd. 2.
Administration.
The taconite new text begin area new text end environmental protection fund shall be
administered by the commissioner of the Iron Range Resources and Rehabilitation Board.
The commissioner shall by September 1 of each year submit to the board a list of projects
to be funded from the taconite new text begin area new text end environmental protection fund, with such supporting
information including description of the projects, plans, and cost estimates as may be
necessary. Upon approval by a majority of the members of the Iron Range Resources
and Rehabilitation Board, this list shall be submitted to the governor by November 1 of
each year. By December 1 of each year, the governor shall approve or disapprove, or
return for further consideration, each project. Funds for a project may be expended only
upon approval of the project by the board and governor. The commissioner may submit
supplemental projects to the board and governor for approval at any time.
Sec. 32.
Minnesota Statutes 2004, section 298.223, subdivision 3, is amended to read:
Subd. 3.
Appropriation.
There is deleted text begin herebydeleted text end annually appropriated to the commissioner
of Iron Range resources and rehabilitation deleted text begin suchdeleted text end new text begin taconite area environmental protectionnew text end
funds deleted text begin as aredeleted text end necessary to carry out deleted text begin thedeleted text end new text begin approvednew text end projects deleted text begin approveddeleted text end new text begin and programsnew text end and
deleted text begin suchdeleted text end new text begin thenew text end funds deleted text begin as aredeleted text end necessary for administration of this section. Annual administrative
costs, not including detailed engineering expenses for the projects, shall not exceed five
percent of the amount annually expended from the fund.
Funds for the purposes of this section are provided by section 298.28, subdivision
11, relating to the taconite new text begin area new text end environmental protection fund.
Sec. 33.
Minnesota Statutes 2005 Supplement, section 298.296, subdivision 1, is
amended to read:
Subdivision 1.
Project approval.
The board new text begin and commissioner new text end shall by August 1 of
each year prepare a list of projects to be funded from the Douglas J. Johnson economic
protection trust with necessary supporting information including description of the
projects, plans, and cost estimates. These projects shall be consistent with the priorities
established in section 298.292 and shall not be approved by the board unless it finds that:
(a) the project will materially assist, directly or indirectly, the creation of additional
long-term employment opportunities;
(b) the prospective benefits of the expenditure exceed the anticipated costs; and
(c) in the case of assistance to private enterprise, the project will serve a sound
business purpose.
deleted text begin To be proposed by the board, adeleted text end new text begin Eachnew text end project must be approved by at least eight
Iron Range Resources and Rehabilitation Board members and the commissioner of
Iron Range resources and rehabilitation. The list of projects shall be submitted to the
governor, who shall, by November 15 of each year, approve or disapprove, or return for
further consideration, each project. The money for a project may be expended only upon
approval of the project by the governor. The board may submit supplemental projects
for approval at any time.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 34.
Minnesota Statutes 2005 Supplement, section 298.298, is amended to read:
298.298 LONG-RANGE PLAN.
Consistent with the policy established in sections 298.291 to 298.298, the Iron
Range Resources and Rehabilitation Board new text begin and commissioner new text end shall prepare and present
to the governor and the legislature by deleted text begin January 1, 1984deleted text end new text begin December 31, 2006,new text end a long-range
plan for the use of the Douglas J. Johnson economic protection trust fund for the
economic development and diversification of the taconite assistance area defined in
section 273.1341. deleted text begin The Iron Range Resources and Rehabilitation Board shall, before
November 15 of each even numbered year, prepare a report to the governor and legislature
updating and revising this long-range plan and reporting on the Iron Range Resources and
Rehabilitation Board's progress on those matters assigned to it by law. After January 1,
1984,deleted text end No project shall be approved by the Iron Range Resources and Rehabilitation Board
which is not consistent with the goals and objectives established in the long-range plan.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 35.
new text begin
[299F.50] DEFINITIONS.
new text end
new text begin Subdivision 1. new text end
new text begin Scope. new text end
new text begin
As used in sections 299F.50 to 299F.52, the terms defined in
this section have the meanings given them.
new text end
new text begin Subd. 2. new text end
new text begin Installed. new text end
new text begin
"Installed" means that an approved carbon monoxide alarm is
hardwired into the electrical wiring, directly plugged into an electrical outlet without a
switch, or, if the alarm is battery-powered, attached to the wall of the dwelling.
new text end
new text begin Subd. 3. new text end
new text begin Single and multifamily dwelling. new text end
new text begin
"Single and multifamily dwelling"
means any building or structure that is wholly or partly used or intended to be used for
living or sleeping by human occupants.
new text end
new text begin Subd. 4. new text end
new text begin Dwelling unit. new text end
new text begin
"Dwelling unit" means an area meant for living or sleeping
by human occupants.
new text end
new text begin Subd. 5. new text end
new text begin Approved carbon monoxide alarm. new text end
new text begin
"Approved carbon monoxide alarm"
means a device meant for the purpose of detecting carbon monoxide that is certified by a
nationally recognized testing laboratory to conform to the latest Underwriters Laboratories
Standards (known as UL2034 standards).
new text end
new text begin Subd. 6. new text end
new text begin Operational. new text end
new text begin
"Operational" means working and in service according to
manufacturer's directions.
new text end
Sec. 36.
new text begin
[299F.51] REQUIREMENTS FOR CARBON MONOXIDE ALARMS.
new text end
new text begin Subdivision 1. new text end
new text begin Generally. new text end
new text begin
Every single-family dwelling and every dwelling unit in
a multifamily dwelling must have an approved and operational carbon monoxide alarm
installed on each level of the residence and within ten feet of each room lawfully used for
sleeping purposes.
new text end
new text begin Subd. 2. new text end
new text begin Owner's duties. new text end
new text begin
The owner of a multifamily dwelling that is required to
be equipped with one or more approved carbon monoxide alarms must:
new text end
new text begin
(1) provide and install one approved and operational carbon monoxide alarm on each
level of the dwelling and within ten feet of each room lawfully used for sleeping; and
new text end
new text begin
(2) replace any approved carbon monoxide alarm that has been stolen, removed,
found missing, or rendered inoperable during a prior occupancy of the dwelling unit
and that has not been replaced by the prior occupant before the commencement of a
new occupancy of a dwelling unit.
new text end
new text begin Subd. 3. new text end
new text begin Occupant's duties. new text end
new text begin
The occupant of each dwelling unit in a multifamily
dwelling in which an approved and operational carbon monoxide alarm has been provided
and installed by the owner must:
new text end
new text begin
(1) keep and maintain the device in good repair according to manufacturer's
directions; and
new text end
new text begin
(2) replace any device that is stolen, removed, missing, or rendered inoperable
during the occupancy of the dwelling unit.
new text end
new text begin Subd. 4. new text end
new text begin Battery removal prohibited. new text end
new text begin
A person shall not remove batteries from, or
in any way render inoperable, a required carbon monoxide alarm.
new text end
Sec. 37.
new text begin
[299F.52] ENFORCEMENT.
new text end
new text begin
A violation of section 299F.50 or 299F.51 subjects the owner of the single family
dwelling, multifamily dwelling, or dwelling unit to the same penalty and enforcement
mechanism provided for violations of the Minnesota Fire Code provided in section
299F.011, subdivision 6.
new text end
Sec. 38.
Minnesota Statutes 2004, section 326.105, is amended to read:
326.105 FEES.
The fee for licensure or renewal of licensure as an architect, professional engineer,
land surveyor, landscape architect, or geoscience professional is $120 per biennium.
The fee for certification as a certified interior designer or for renewal of the certificate
is $120 per biennium. The fee for an architect applying for original certification as a
certified interior designer is $50 per biennium. The initial license or certification fee for
all professions is $120. The renewal fee shall be paid biennially on or before June 30 of
each even-numbered year. The renewal fee, when paid by mail, is not timely paid unless it
is postmarked on or before June 30 of each even-numbered year. The application fee is
$25 for in-training applicants and $75 for professional license applicants.
deleted text begin
The fee for monitoring licensing examinations for applicants is $25, payable by
the applicant.
deleted text end
Sec. 39.
Minnesota Statutes 2005 Supplement, section 327.201, is amended to read:
327.201 STATE FAIR CAMPING AREA.
Notwithstanding sections 327.14 to 327.28 or any rule adopted by the commissioner
of health, the State Agricultural Society must operate and maintain a camping area on the
State Fairgrounds during the State Fairnew text begin and the Minnesota Street Rod Association's Back
to the 50's eventnew text end , subject to the following conditions:
(1) recreational camping vehicles and tents, including their attachments, must be
separated from each other and from other structures by at least seven feet;
(2) a minimum area of 300 square feet per site must be provided and the total number
of sites must not exceed one site for every 300 square feet of usable land area; and
(3) each site must face a driveway at least 16 feet in width and each driveway must
have unobstructed access to a public roadway.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 40.
new text begin
[341.21] DEFINITIONS.
new text end
new text begin Subdivision 1. new text end
new text begin Applicability. new text end
new text begin
The definitions in this section apply to this chapter.
new text end
new text begin Subd. 2. new text end
new text begin Boxing. new text end
new text begin
"Boxing" means the act of attack and defense with the fists, using
padded gloves, that is practiced as a sport under the rules of the World Boxing Association,
the World Boxing Council, the International Boxing Federation, or equivalent. Where
applicable, boxing includes full contact karate.
new text end
new text begin Subd. 3. new text end
new text begin Commission. new text end
new text begin
"Commission" means the Minnesota Boxing Commission.
new text end
new text begin Subd. 4. new text end
new text begin Contest. new text end
new text begin
"Contest" means any boxing or nontraditional fighting contest,
match, or exhibition.
new text end
new text begin Subd. 5. new text end
new text begin Nontraditional fighting contest. new text end
new text begin
"Nontraditional fighting contest" means
any competition between two or more persons, with or without gloves, who use any
combination of fighting skills, including boxing, wrestling, hitting, kicking, martial arts,
and other combative full contact techniques. Nontraditional fighting contests include, but
are not limited to, ultimate fighting, extreme fighting, elimination contests, cage fighting,
mixed martial arts fighting, tough man contests, shoot fighting, but do not include kick
boxing or any recognized martial arts competition.
new text end
new text begin Subd. 6. new text end
new text begin Professional. new text end
new text begin
"Professional" means any person who competes for any
money prize or a prize that exceeds the value of $50 or teaches, pursues, or assists in
the practice of boxing or nontraditional fighting as a means of obtaining a livelihood
or pecuniary gain.
new text end
new text begin Subd. 7. new text end
new text begin Director. new text end
new text begin
"Director" means the executive director of the commission.
new text end
new text begin Subd. 8. new text end
new text begin Tough man contest. new text end
new text begin
"Tough man contest" means any boxing match
consisting of one-minute rounds between two or more persons who use their hands,
wearing padded gloves that weigh not less than 12 ounces, or their feet, or both, in any
manner. Tough man contest does not include kick boxing, any recognized martial arts
competition, or boxing as defined in subdivision 2.
new text end
Sec. 41.
new text begin
[341.22] BOXING COMMISSION.
new text end
new text begin
There is created the Minnesota Boxing Commission consisting of seven members
who are citizens of this state. Three members of the commission must be retired judges
of the Minnesota district court, Minnesota Court of Appeals, Minnesota Supreme Court,
the United States District Court for the District of Minnesota, or the Eighth Circuit Court
of Appeals; two members must be licensed medical doctors; and two members must
be boxers. No member may fulfill more than one of these requirements at the same
time. Membership terms, compensation of members, removal of members, the filling of
membership vacancies, and fiscal year and reporting requirements must be as provided
in sections 214.07 to 214.09. The provision of staff, administrative services, and office
space; the review and processing of complaints; the setting of fees; and other provisions
relating to commission operations must be as provided in chapter 214.
new text end
Sec. 42.
new text begin
[341.23] LIMITATIONS.
new text end
new text begin
No member of the Boxing Commission may directly or indirectly promote a boxing
or nontraditional fighting contest, or directly or indirectly engage in the managing of a
boxer or fighter, or have an interest in any manner in the proceeds from a boxing match or
nontraditional fighting contest.
new text end
Sec. 43.
new text begin
[341.24] EXECUTIVE DIRECTOR.
new text end
new text begin
The commission may appoint, and at its pleasure remove, an executive director and
prescribe the powers and duties of the office. The executive director is not a member of
the commission. The commission may employ personnel necessary to the performance of
its duties.
new text end
Sec. 44.
new text begin
[341.25] RULES.
new text end
new text begin
(a) The commission may adopt rules that include standards for the physical
examination and condition of boxers, nontraditional fighters, and referees.
new text end
new text begin
(b) The commission may adopt other rules necessary to carry out the purposes of this
chapter, including, but not limited to, the conduct of boxing exhibitions, bouts, fights, and
nontraditional fighting contests and events, and their manner, supervision, time, and place.
new text end
Sec. 45.
new text begin
[341.26] MEETINGS.
new text end
new text begin
The commission shall hold a regular meeting quarterly and may hold special
meetings. Except as otherwise provided in law, all meetings of the commission must be
open to the public and reasonable notice of the meetings must be given under chapter 13D.
new text end
Sec. 46.
new text begin
[341.27] COMMISSION DUTIES.
new text end
new text begin
The commission shall:
new text end
new text begin
(1) issue, deny, renew, suspend, or revoke licenses;
new text end
new text begin
(2) make and maintain records of its acts and proceedings including the issuance,
denial, renewal, suspension, or revocation of licenses;
new text end
new text begin
(3) keep public records of the commission open to inspection at all reasonable times;
new text end
new text begin
(4) assist the director in the development of rules to be implemented under this
chapter; and
new text end
new text begin
(5) conform to the rules adopted under this chapter.
new text end
Sec. 47.
new text begin
[341.28] REGULATION OF BOXING AND NONTRADITIONAL
FIGHTING CONTESTS.
new text end
new text begin Subdivision 1. new text end
new text begin Regulatory authority; boxing. new text end
new text begin
All boxing contests are subject to
this chapter. Every contestant in a boxing contest shall wear padded gloves that weigh at
least eight ounces. The commission shall, for every boxing contest:
new text end
new text begin
(1) direct a commission member to be present; and
new text end
new text begin
(2) direct the attending commission member to make a written report of the contest.
new text end
new text begin
All boxing contests must be conducted according to the provisions of this chapter.
new text end
new text begin Subd. 2. new text end
new text begin Regulatory authority; tough man contests. new text end
new text begin
All tough man contests,
including amateur tough man contests, are subject to this chapter. Every contestant in a
tough man contest shall wear padded gloves that weight at least 12 ounces.
new text end
new text begin Subd. 3. new text end
new text begin Regulatory authority; nontraditional fighting. new text end
new text begin
All nontraditional
fighting, including amateur nontraditional fighting contests, is subject to this chapter and
the rules adopted by the commission. Contestants in nontraditional fighting contests shall
not strike other contestants in the spinal column or in the back of the head, and shall not
strike with their knees or elbows.
new text end
Sec. 48.
new text begin
[341.29] JURISDICTION OF COMMISSION.
new text end
new text begin
The commission shall:
new text end
new text begin
(1) have sole direction, supervision, regulation, control, and jurisdiction over all
boxing contests, tough man contests, and nontraditional fighting contests held within this
state unless a contest is exempt from the application of this chapter under federal law;
new text end
new text begin
(2) have sole control, authority, and jurisdiction over all licenses required by this
chapter; and
new text end
new text begin
(3) grant a license to an applicant if, in the judgment of the commission, the financial
responsibility, experience, character, and general fitness of the applicant are consistent
with the public interest, convenience, or necessity and the best interests of boxing and
conforms with this chapter and the commission's rules.
new text end
Sec. 49.
new text begin
[341.30] LICENSURE; PERSONS REQUIRED TO OBTAIN
LICENSES; REQUIREMENTS; BACKGROUND INFORMATION; FEE; BOND.
new text end
new text begin Subdivision 1. new text end
new text begin Licensure; individuals. new text end
new text begin
All referees, judges, matchmakers,
promoters, trainers, ring announcers, timekeepers, ringside physicians, boxers,
nontraditional fighters, boxers' managers, and boxers' seconds are required to be licensed
by the commission. The commission shall not permit any of these persons to participate
in the holding or conduct of any boxing contest unless the commission has first issued
the person a license.
new text end
new text begin Subd. 2. new text end
new text begin Entity licensure. new text end
new text begin
Before participating in the holding or conduct of any
boxing or nontraditional fighting contest, a corporation, partnership, limited liability
company, or other business entity organized and existing under law, its officers and
directors, and any person holding 25 percent or more of the ownership of the corporation
shall obtain a license from the commission and must be authorized to do business under
the laws of this state.
new text end
new text begin Subd. 3. new text end
new text begin Background investigation. new text end
new text begin
The commission shall require referees,
judges, matchmakers, promoters, boxers, and nontraditional fighters' managers to furnish
fingerprints and background information under commission rules before licensure. The
commission shall charge a fee for receiving fingerprints and background information
in an amount determined by the commission. The commission may require referees,
judges, matchmakers, promoters, boxers, and nontraditional fighters' managers to furnish
fingerprints and background information before license renewal. The fee may include a
reasonable charge for expenses incurred by the commission or the Department of Public
Safety. For this purpose, the commission and the Department of Public Safety may enter
into an interagency agreement.
new text end
new text begin Subd. 4. new text end
new text begin Prelicensure requirements. new text end
new text begin
(a) Before the commission issues a license to
a promoter, matchmaker, corporation, or other business entity, the applicant shall:
new text end
new text begin
(1) provide the commission with a copy of any agreement between a contestant and
the applicant that binds the applicant to pay the contestant a certain fixed fee or percentage
of the gate receipts;
new text end
new text begin
(2) show on the application the owner or owners of the applicant entity and the
percentage of interest held by each owner holding a 25 percent or more interest in the
applicant;
new text end
new text begin
(3) provide the commission with a copy of the latest financial statement of the
entity; and
new text end
new text begin
(4) provide the commission with a copy or other proof acceptable to the commission
of the insurance contract or policy required by this chapter.
new text end
new text begin
(b) Before the commission issues a license to a promoter, the applicant shall deposit
with the commission a cash bond or surety bond in an amount set by the commission.
The bond shall be executed in favor of this state and shall be conditioned on the faithful
performance by the promoter of the promoter's obligations under this chapter and the
rules adopted under it.
new text end
new text begin
(c) Before the commission issues a license to a boxer or nontraditional fighter, the
applicant shall submit to the commission the results of a current medical examination on
forms furnished or approved by the commission. The medical examination must include
an ophthalmological and neurological examination. The ophthalmological examination
must be designed to detect any retinal defects or other damage or condition of the
eye that could be aggravated by boxing or nontraditional fighting. The neurological
examination must include an electroencephalogram or medically superior test if the
boxer or nontraditional fighter has been knocked unconscious in a previous boxing,
nontraditional fighting, or other athletic competition. The commission may also order an
electroencephalogram or other appropriate neurological or physical examination before
any contest, match, or exhibition if it determines that the examination is desirable to
protect the health of the boxer or nontraditional fighter.
new text end
Sec. 50.
new text begin
[341.31] SIMULCAST LICENSES.
new text end
new text begin
The commission shall issue a license to a person or organization holding, showing,
or exhibiting a simultaneous telecast of any live, current, or spontaneous boxing or
sparring match or nontraditional fighting exhibition or performance on a closed circuit
telecast or subscription television program viewed within the state, whether originating
in this state or elsewhere, and for which a charge is made. Each person or organization
shall apply for such a license in advance of each showing. No showing may be licensed
unless the person or organization applying for the license:
new text end
new text begin
(1) certifies that the match is subject to the jurisdiction and regulation of a boxing or
athletic regulatory authority in another state or country;
new text end
new text begin
(2) certifies the match is in compliance with the requirements of the authority;
new text end
new text begin
(3) identifies the authority; and
new text end
new text begin
(4) provides any information the commission may require.
new text end
Sec. 51.
new text begin
[341.32] LICENSE FEES; EXPIRATION; RENEWAL.
new text end
new text begin Subdivision 1. new text end
new text begin Annual licensure. new text end
new text begin
The commission may establish and issue annual
licenses subject to the collection of advance fees by the commission for promoters,
matchmakers, managers, judges, referees, ring announcers, ringside physicians,
timekeepers, boxers, nontraditional fighters, boxers' trainers, boxers' seconds, business
entities filing for a license to participate in the holding of any boxing contest, and officers,
directors, or other persons affiliated with the business entity.
new text end
new text begin Subd. 2. new text end
new text begin Expiration and renewal. new text end
new text begin
A license expires December 31 at midnight in
the year of its issuance and may be renewed by filing an application for renewal with the
commission and payment of the license fee. An application for a license and renewal of a
license must be on a form provided by the commission. There is a 30-day grace period
during which a license may be renewed if a late filing penalty fee equal to the license fee
is submitted with the regular license fee. A licensee that files late shall not conduct any
activity regulated by this chapter until the commission has renewed the license. If the
licensee fails to apply to the commission within the 30-day grace period, the licensee must
apply for a new license under subdivision 1.
new text end
Sec. 52.
new text begin
[341.33] CONTESTANTS AND REFEREES; PHYSICAL
EXAMINATION; ATTENDANCE OF PHYSICIAN; PAYMENT OF FEES;
INSURANCE.
new text end
new text begin Subdivision 1. new text end
new text begin Examination by physician. new text end
new text begin
All boxers, nontraditional fighters,
and referees shall be examined by a physician licensed by this state within three hours
before entering the ring, and the examining physician shall immediately file with the
commission a written report of the examination. The physician's examination shall report
on the condition of the boxer's heart and general physical and neurological condition. The
physician's report may record the condition of the boxer's nervous system and brain as
required by the commission. The physician may prohibit the boxer from entering the ring
if, in the physician's professional opinion, it is in the best interest of the boxer's health.
The cost of the examination is payable by the person or entity conducting the contest
or exhibition.
new text end
new text begin Subd. 2. new text end
new text begin Attendance of physician. new text end
new text begin
A person holding or sponsoring a boxing or
nontraditional fighting contest shall have in attendance a physician licensed by this state.
The commission may establish a schedule of fees to be paid to each attending physician
by the person holding or sponsoring the contest.
new text end
Sec. 53.
new text begin
[341.34] INSURANCE.
new text end
new text begin Subdivision 1. new text end
new text begin Required insurance. new text end
new text begin
The commission shall:
new text end
new text begin
(1) require insurance coverage for a boxer or nontraditional fighter to provide
for medical, surgical, and hospital care for injuries sustained in the ring in an amount
of $100,000 with $25 deductible and payable to the boxer or nontraditional fighter as
beneficiary; and
new text end
new text begin
(2) require life insurance for a boxer or nontraditional fighter in the amount of
$50,000 payable in case of accidental death resulting from injuries sustained in the ring.
new text end
new text begin Subd. 2. new text end
new text begin Payment for insurance. new text end
new text begin
The cost of the insurance required by this section
is payable by the promoter.
new text end
Sec. 54.
new text begin
[341.35] PENALTIES FOR NONLICENSED EXHIBITIONS.
new text end
new text begin
Any person or persons who send or cause to be sent, published, or otherwise made
known, any challenge to fight what is commonly known as a prize fight, or engage in any
public boxing or sparring match, or nontraditional exhibition or contest, with or without
gloves, for any prize, reward, or compensation, or for which any admission fee is charged
directly or indirectly, or go into training preparatory for the fight, exhibition, or contest,
or act as a trainer, aider, abettor, backer, umpire, referee, second, surgeon, assistant, or
attendant at the fight, exhibition, or contest, or in any preparation for same, and any owner
or lessee of any ground, building, or structure of any kind permitting the same to be
used for any fight, exhibition, or contest, is guilty of a misdemeanor unless a license
for the holding of the fight, exhibition, or contest has been issued by the commission in
compliance with the rules adopted by it.
new text end
Sec. 55.
new text begin
[341.37] APPROPRIATION.
new text end
new text begin
A Boxing Commission account is created in the special revenue fund. Money in
the account is annually appropriated to the Boxing Commission for the purposes of
conducting its statutory responsibilities and obligations.
new text end
Sec. 56.
Minnesota Statutes 2004, section 446A.03, subdivision 5, is amended to read:
Subd. 5.
Executive director.
The commissioner shall employ, with the concurrence
of the authority, an executive directornew text begin in the unclassified servicenew text end . The director shall
perform duties that the authority may require in carrying out its responsibilities.
Sec. 57.
Minnesota Statutes 2004, section 446A.12, subdivision 1, is amended to read:
Subdivision 1.
Bonding authority.
The authority may issue negotiable bonds in a
principal amount that the authority determines necessary to provide sufficient funds for
achieving its purposes, including the making of loans and purchase of securities, the
payment of interest on bonds of the authority, the establishment of reserves to secure its
bonds, the payment of fees to a third party providing credit enhancement, and the payment
of all other expenditures of the authority incident to and necessary or convenient to carry
out its corporate purposes and powers, but not including the making of grants. Bonds of
the authority may be issued as bonds or notes or in any other form authorized by law. The
principal amount of bonds issued and outstanding under this section at any time may not
exceed deleted text begin $1,250,000,000deleted text end new text begin $1,500,000,000new text end , excluding bonds for which refunding bonds or
crossover refunding bonds have been issued.
Sec. 58.
Minnesota Statutes 2004, section 473.252, subdivision 3, is amended to read:
Subd. 3.
Distribution of funds.
(a) The council must use the funds in the account
to make grants to municipalities or development authorities for the cleanup of polluted
land in the metropolitan area. A grant to a metropolitan county or a development authority
must be used for a project in a participating municipality. The council shall prescribe
and provide the grant application form to municipalities. The council must consider the
probability of funding from other sources when making grants under this section.
(b)(1) The legislature expects that applications for grants will exceed the available
funds and the council will be able to provide grants to only some of the applicant
municipalities. If applications for grants for qualified sites exceed the available funds,
the council shall make grants that provide the highest return in public benefits for the
public costs incurred, that encourage development that will lead to the preservation or
growth of living-wage jobs or the production of affordable housing, and that enhance the
tax base of the recipient municipality.new text begin For purposes of ranking applications, equal weight
shall be given to preservation or growth of living-wage jobs and to the production of
affordable housing.
new text end
new text begin
For purposes of this section, affordable housing includes both:
new text end
new text begin
(i) affordable rental housing for persons or families whose income, at the time
of initial occupancy, does not exceed 60 percent of median income as determined by
the United States Department of Housing and Urban Development for the metropolitan
area; and
new text end
new text begin
(ii) affordable ownership housing units for persons or families whose income, at the
time of initial occupancy, does not exceed 80 percent of median income as determined by
the United States Department of Housing and Urban Development for the metropolitan
area.
new text end
(2) In making grants, the council shall establish regular application deadlines in
which grants will be awarded from the available money in the account. If the council
provides for application cycles of less than six-month intervals, the council must reserve
at least 40 percent of the receipts of the account for a year for application deadlines that
occur in the second half of the year. If the applications for grants exceed the available
funds for an application cycle, no more than one-half of the funds may be granted to
projects in a statutory or home rule charter city and no more than three-quarters of the
funds may be granted to projects located in cities of the first class.
(c) A municipality may use the grant to provide a portion of the local match
requirement for project costs that qualify for a grant under sections 116J.551 to 116J.557.
Sec. 59. new text begin EFFECTIVE DATE.
new text end
new text begin Sections 35 to 37 are effective January 1, 2007, for all newly constructed
single-family and multifamily dwelling units and August 1, 2008, for all existing and
newly constructed single family and multifamily dwelling units.new text end
ARTICLE 15
TRANSPORTATION
Section 1. new text begin TRANSPORTATION APPROPRIATIONS.
new text end
new text begin
The sums shown in the columns marked "APPROPRIATIONS" are added to
the appropriations in Laws 2005, First Special Session chapter 6, article 1, or other
specified law, to the named agencies and for the specified purposes. The sums shown are
appropriated from the general fund, or another named fund, to be available for the fiscal
years indicated for each purpose. The figures "2006" and "2007" used in this article mean
that the appropriation or appropriations listed under them are available for the fiscal year
ending June 30, 2006, or June 30, 2007, respectively. Appropriations in this article for the
fiscal year ending June 30, 2006, are effective the day following final enactment.
new text end
|
new text begin
SUMMARY BY FUND new text end |
||||||
|
new text begin
2006 new text end |
new text begin
2007 new text end |
new text begin
TOTAL new text end |
||||
|
new text begin
General new text end |
new text begin
$ new text end |
new text begin
-0- new text end |
new text begin
$ new text end |
new text begin
4,320,000 new text end |
new text begin
$ new text end |
new text begin
4,320,000 new text end |
|
new text begin
APPROPRIATIONS new text end |
||||||
|
new text begin
Available for the Year new text end |
||||||
|
new text begin
Ending June 30 new text end |
||||||
|
new text begin
2006 new text end |
new text begin
2007 new text end |
|||||
|
new text begin
$ new text end |
new text begin
$ new text end |
|||||
Sec. 2. new text begin TRANSPORTATION
|
new text begin
-0- new text end |
new text begin
1,880,000 new text end |
||||
new text begin
This onetime appropriation includes money
for the following purposes:
new text end
|
new text begin
(a)
new text end
new text begin
Town road sign replacement program new text end |
new text begin
1,500,000 new text end |
|||||
new text begin
To implement the town road sign replacement
program established in Laws 2005, First
Special Session chapter 6, article 3, section
89. For the purpose of this appropriation,
implementation includes the purchase and
installation of new signs. This appropriation
may be used to satisfy any local matching
requirement for the receipt of federal
funds. This appropriation is available until
expended.
new text end
|
new text begin
(b)
new text end
new text begin
Department of Transportation radio tower new text end |
new text begin
380,000 new text end |
|||||
new text begin
To design and construct a new radio tower
in Roseau County. This appropriation is
available until expended.
new text end
Sec. 3. new text begin METROPOLITAN COUNCIL
|
new text begin
2,040,000 new text end |
|||||
new text begin
This onetime appropriation includes money
for the following purposes:
new text end
|
new text begin
(a)
new text end
new text begin
Bus transit new text end |
new text begin
1,540,000 new text end |
|||||
new text begin
For bus system operations.
new text end
|
new text begin
(b) Light rail transit feasibility study new text end |
new text begin
500,000 new text end |
|||||
new text begin new text end
new text begin
For a study of and report on the feasibility
of the use of light rail transit in the marked
Interstate Highway 394 corridor between
downtown Minneapolis and Ridgedale
Drive in Minnetonka, with the alternative
of extending to Wayzata. The Metropolitan
Council may hire a consultant to assist in the
study and report.
new text end
new text begin
The light rail transit feasibility study shall
include, without limitation:
new text end
new text begin
(1) an identification of major operational
characteristics of light rail transit in the
corridor;
new text end
new text begin
(2) a quantification of capital and operating
costs;
new text end
new text begin
(3) an evaluation of the interface of the light
rail transit system with other transportation
systems in the corridor;
new text end
new text begin
(4) an evaluation of the impact of the light
rail transit system on land-use and urban
development;
new text end
new text begin
(5) an estimate of the cost and impact of
necessary associated exercise of eminent
domain;
new text end
new text begin
(6) an evaluation of the impact of the
light rail transit system on energy and the
environment;
new text end
new text begin
(7) a comparison of the light rail transit
system with multipassenger alternatives such
as buses and carpools;
new text end
new text begin
(8) an estimate of ridership potential;
new text end
new text begin
(9) a cost-benefit analysis that compares the
total cost of the project with the benefits of
the light rail transit line to its users, other
users of the highway, and adjacent property
owners;
new text end
new text begin
(10) an identification of potential sources of
federal, state, local, private, and other funds;
and
new text end
new text begin
(11) an identification of the conditions
necessary for light rail transit to be feasible in
the marked Interstate Highway 394 corridor.
new text end
Sec. 4. new text begin STATE PATROL
|
new text begin
400,000 new text end |
|||||
new text begin
For purchase of automated external
defibrillators for State Patrol vehicles. This
is a onetime appropriation.
new text end
Sec. 5. new text begin EFFECTIVE DATE.
new text end
new text begin
This article is effective the day following final enactment.
new text end
ARTICLE 16
PUBLIC SAFETY
Section 1. new text begin PUBLIC SAFETY APPROPRIATIONS.
|
new text begin
The sums shown in the columns marked "APPROPRIATIONS" are added to the
appropriations in Laws 2005, chapter 136, article 1, or other law to the agencies and for
the purposes specified in this article. The appropriations are from the general fund or
another named fund and are available for the fiscal years indicated for each purpose. The
figures "2006" and "2007" used in this article mean that the addition to the appropriation
listed under them is available for the fiscal year ending June 30, 2006, or June 30,
2007, respectively. "The first year" is fiscal year 2006. "The second year" is fiscal year
2007. "The biennium" is fiscal years 2006 and 2007. Supplementary appropriations and
reductions to appropriations for the fiscal year ending June 30, 2006, are effective the
day following final enactment.
new text end
|
new text begin
SUMMARY BY FUND new text end |
||||||
|
new text begin
2006 new text end |
new text begin
2007 new text end |
new text begin
TOTAL new text end |
||||
|
new text begin
General new text end |
new text begin
$ new text end |
new text begin
3,562,000 new text end |
new text begin
$ new text end |
new text begin
6,650,000 new text end |
new text begin
$ new text end |
new text begin
10,212,000 new text end |
|
new text begin
Special Revenue new text end |
new text begin
-0- new text end |
new text begin
200,000 new text end |
new text begin
200,000 new text end |
|||
|
new text begin
TOTAL new text end |
new text begin
$ new text end |
new text begin
3,562,000 new text end |
new text begin
$ new text end |
new text begin
6,850,000 new text end |
new text begin
$ new text end |
new text begin
10,412,000 new text end |
|
new text begin
APPROPRIATIONS new text end |
||||||
|
new text begin
Available for the Year new text end |
||||||
|
new text begin
Ending June 30 new text end |
||||||
|
new text begin
2006 new text end |
new text begin
2007 new text end |
|||||
Sec. 2. new text begin SUPREME COURT
|
new text begin
$ new text end |
new text begin
-0- new text end |
new text begin
$ new text end |
new text begin
600,000 new text end |
||
|
new text begin
AOD offenders new text end |
||||||
new text begin
For the first phase of a judicial initiative
to more effectively address the increasing
numbers of alcohol and other drug (AOD)
offenders coming into Minnesota courts,
including the increase in methamphetamine
offenders. This is a onetime appropriation.
Of this amount:
new text end
new text begin
(1) $300,000 is for a study to recommend a
more uniform and cost-effective structure
for creating statewide applications of the
problem-solving court model;
new text end
new text begin
(2) $100,000 is to augment treatment services
for problem-solving courts; and
new text end
new text begin
(3) $200,000 is for development of a
multicounty pilot problem-solving court.
new text end
Sec. 3. new text begin BOARD ON JUDICIAL
|
new text begin
172,000 new text end |
new text begin
-0- new text end |
||||
|
new text begin
Special hearings new text end |
||||||
new text begin
For costs of special hearings and an
investigation regarding complaints of judicial
misconduct. This is a onetime appropriation
and is available until June 30, 2007.
new text end
Sec. 4. new text begin BOARD OF PUBLIC DEFENSE
|
new text begin
-0- new text end |
new text begin
60,000 new text end |
||||
|
new text begin
Appellate transcripts new text end |
||||||
new text begin
For additional costs associated with appellate
transcripts.
new text end
Sec. 5. new text begin PUBLIC SAFETY
|
||||||
new text begin Subdivision 1. new text end
new text begin
Total appropriation
|
new text begin
177,000 new text end |
new text begin
2,160,000 new text end |
||||
new text begin
These appropriations are added to the
appropriations in Laws 2005, chapter 136,
article 1, section 9. The amounts that may
be spent from these appropriations for each
program are specified in subdivisions 2 to 4.
new text end
new text begin Subd. 2. new text end
new text begin
Emergency management
|
||||||
|
new text begin
Extraordinarily hazardous substances new text end |
new text begin
-0- new text end |
new text begin
60,000 new text end |
||||
new text begin
To implement the changes made in this article
to Minnesota Statutes, chapter 115E, relating
to extraordinarily hazardous substances.
new text end
new text begin Subd. 3. new text end
new text begin
Criminal apprehension
|
||||||
|
new text begin
(a) Predatory offender database new text end |
new text begin
-0- new text end |
new text begin
125,000 new text end |
||||
new text begin
To enhance the predatory offender database
to facilitate notification of noncompliant sex
offenders on the Internet. The base budget
for this activity is $116,000 in fiscal year
2008 and fiscal year 2009.
new text end
|
new text begin
(b) Missing persons and unidentified bodies backlog new text end |
new text begin
-0- new text end |
new text begin
100,000 new text end |
||||
new text begin
To address the missing persons and
unidentified bodies backlog. This is a
onetime appropriation.
new text end
new text begin
The superintendent shall coordinate with
federal and local units of government;
federal, state, and local law enforcement
agencies; medical examiners; coroners;
odontologists; and other entities to reduce
the state's reporting, data entry, and
record-keeping backlog relating to missing
persons and unidentified bodies. To the
degree feasible, the superintendent shall
ensure that all necessary data and samples,
including, but not limited to, DNA samples
and dental records get entered into all
relevant federal and state databases.
new text end
new text begin
By February 1, 2007, the superintendent shall
report to the chairs and ranking minority
members of the senate and house committees
and divisions having jurisdiction over
criminal justice policy and funding on the
efforts to reduce the state's backlog. The
report must give detailed information on how
this appropriation was spent and how this
affected the backlog. In addition, the report
must make recommendations for changes
to state law, including suggested legislative
language, to improve reporting, data entry,
and record keeping relating to future cases
involving missing persons and unidentified
bodies.
new text end
|
new text begin
(c) Missing adults model policy new text end |
new text begin new text end | |||||
new text begin
The superintendent, in consultation with
the Minnesota Sheriffs Association and the
Minnesota Chiefs of Police Association,
shall develop a model policy to address law
enforcement efforts and duties regarding
missing adults and provide training to local
law enforcement agencies on this model
policy.
new text end
new text begin
By February 1, 2007, the superintendent shall
report to the chairs and ranking minority
members of the senate and house committees
and divisions having jurisdiction over
criminal justice policy and funding on the
model policy and training.
new text end
new text begin Subd. 4. new text end
new text begin
Office of justice programs
|
||||||
|
new text begin
(a) Gang strike force and narcotic task forces new text end |
new text begin
-0- new text end |
new text begin
800,000 new text end |
||||
new text begin
For expanded operations of the criminal gang
strike force and narcotics task forces. This
money is to be used to expand the activities
of the criminal gang strike force and narcotics
task forces to include investigations of gang
or narcotics-related human trafficking and
domestic or international drug trafficking
cases. This appropriation must be used to
increase the complement of individuals
assigned to the criminal gang strike force and
narcotics task forces throughout the state.
new text end
|
new text begin
(b) Safe harbor for sexually exploited youth pilot project new text end |
new text begin
-0- new text end |
new text begin
98,000 new text end |
||||
new text begin
For a grant to Ramsey County to implement
the safe harbor for sexually exploited youth
pilot project. The project must develop a
victim services model to address the needs
of sexually exploited youth. The project
must focus on intervention and prevention
methods; training for law enforcement,
educators, social services providers, health
care workers, advocates, court officials,
prosecutors, and public defenders; and
programs promoting positive outcomes
for victims. The project must include
development and implementation of a
statewide model protocol for intervention
and response methods for professionals,
individuals, and agencies that may encounter
sexually exploited youth. "Sexually
exploited youth" include juvenile runaways,
truants, and victims of criminal sexual
conduct, prostitution, labor trafficking, sex
trafficking, domestic abuse, and assault. This
is a onetime appropriation.
new text end
new text begin
By January 15, 2008, Ramsey County shall
report to the chairs and ranking minority
members of the senate and house committees
and divisions having jurisdiction over
criminal justice funding and policy on the
results of the pilot project.
new text end
|
new text begin
(c) Human trafficking task force and plan new text end |
new text begin
-0- new text end |
new text begin
75,000 new text end |
||||
new text begin
To implement Minnesota Statutes, sections
299A.78 to 299A.7955, relating to the human
trafficking task force and plan. This is a
onetime appropriation.
new text end
|
new text begin
(d) Legal advocacy trafficking victims new text end |
new text begin
-0- new text end |
new text begin
60,000 new text end |
||||
new text begin
For grants to three weekly clinics in
Hennepin County that are staffed by
attorneys from a nonprofit organization that
provides free legal services to immigrants.
This is a onetime appropriation.
new text end
|
new text begin
(e) Toll-free hotline new text end |
new text begin
-0- new text end |
new text begin
35,000 new text end |
||||
new text begin
To implement the toll-free hotline for
trafficking victims described in Minnesota
Statutes, section 299A.7957. The base
budget for this activity is $15,000 in fiscal
year 2008 and fiscal year 2009.
new text end
|
new text begin
(f) Youth intervention programs new text end |
new text begin
-0- new text end |
new text begin
200,000 new text end |
||||
new text begin
For youth intervention programs under
Minnesota Statutes, section 299A.73.
This money must be used to help existing
programs serve unmet needs in communities
and to create new programs in underserved
areas of the state. This appropriation is added
to the program's base budget and is available
until spent.
new text end
|
new text begin
(g) Crime victim support grant new text end |
new text begin
-0- new text end |
new text begin
150,000 new text end |
||||
new text begin
For a grant to a private, nonprofit
organization dedicated to providing
immediate and long-term emotional support
and practical help for the families and friends
of individuals who have died by homicide,
suicide, or accident. This is a onetime
appropriation.
new text end
|
new text begin
(h) Minneapolis Security Collaborative new text end |
new text begin
-0- new text end |
new text begin
180,000 new text end |
||||
new text begin
For a grant to the city of Minneapolis. This
grant money is to be used by the Minneapolis
Police Department to expand the worksite
system throughout the city that supports the
downtown security collaborative currently in
use in the city's first precinct. The city shall
give the highest priority to expanding the
system to neighborhoods having the highest
crime rate per capita.
new text end
|
new text begin
(i) Additional Minneapolis peace officers new text end |
new text begin
-0- new text end |
new text begin
100,000 new text end |
||||
new text begin
For a grant to the city of Minneapolis.
This grant money is to be used by the
Minneapolis Police Department to hire
additional peace officers to be assigned to
downtown Minneapolis.
new text end
new text begin
The commissioner shall work with
the Bureau of Criminal Apprehension,
the State Patrol, the Hennepin County
Sheriff's Office, the Minneapolis Police
Department, and the Metro Transit Police,
in a collaborative manner to increase and
coordinate law enforcement efforts in
downtown Minneapolis.
new text end
|
new text begin
(j) Financial Crimes Task Force new text end |
new text begin
177,000 new text end |
new text begin
177,000 new text end |
||||
Sec. 6. new text begin CORRECTIONS
|
||||||
new text begin Subdivision 1. new text end
new text begin
Total appropriation
|
new text begin
3,213,000 new text end |
new text begin
3,830,000 new text end |
||||
new text begin
These appropriations are added to the
appropriations in Laws 2005, chapter 136,
article 1, section 13. The amounts that may
be spent from these appropriations for each
program are specified in subdivisions 2 and
3.
new text end
new text begin Subd. 2. new text end
new text begin
Correctional institutions
|
new text begin
2,668,000 new text end |
new text begin
3,109,000 new text end |
||||
new text begin
The commissioner may not cut correctional
officer positions. To the degree feasible,
the commissioner shall maintain chemical
dependency programs at or near current
levels. If cuts to chemical dependency
programs are necessary, the commissioner
shall attempt to preserve the state match for
federal funding.
new text end
new text begin Subd. 3. new text end
new text begin
Community services
|
||||||
|
new text begin
(a) General operations new text end |
new text begin
545,000 new text end |
new text begin
-0- new text end |
||||
|
new text begin
(b) Mentoring program new text end |
new text begin
-0- new text end |
new text begin
250,000 new text end |
||||
new text begin
For a grant to a nonprofit organization that
is located in the greater Twin Cities and
provides one-to-one mentoring relationships
to youth enrolled between the ages of seven
to 13 whose parent or other significant
family member is incarcerated in a county
workhouse, county jail, state prison, or other
type of correctional facility or is subject to
correctional supervision. The grant must be
used to provide children with adult mentors
to strengthen developmental outcomes,
including enhanced self-confidence and
esteem; improved academic performance;
and improved relationships with peers,
family, and other adults designed to prevent
the mentored youth from entering the
juvenile justice system.
new text end
new text begin
As a condition of receiving the grant, the
grant recipient must:
new text end
new text begin
(1) collaborate with other organizations
that have a demonstrated history of
providing services to youth and families in
disadvantaged situations;
new text end
new text begin
(2) implement procedures to ensure that the
mentors pose no safety risk to the child and
have the skills to participate in a mentoring
relationship;
new text end
new text begin
(3) provide enhanced training to mentors
focusing on asset building and family
dynamics when a parent is incarcerated; and
new text end
new text begin
(4) provide individual family plan and
aftercare.
new text end
new text begin
The grant recipient must submit an evaluation
plan to the commissioner delineating the
program and student outcome goals and
activities implemented to achieve the stated
outcomes. The goals must be clearly stated
and measurable. The grant recipient must
collect, analyze, and report on participation
and outcome data that enable the department
to verify that the program goals were met.
new text end
|
new text begin
(c) Scott County new text end |
new text begin
-0- new text end |
new text begin
196,000 new text end |
||||
new text begin
To increase the Community Corrections Act
subsidy for the addition of Scott County.
The money must be distributed according
to the community corrections aid formula
contained in Minnesota Statutes, section
401.10.
new text end
|
new text begin
(d) Discharge planning new text end |
new text begin
-0- new text end |
new text begin
200,000 new text end |
||||
new text begin
For discharge planning for inmates with
mental illness.
new text end
|
new text begin
(e) Immigration specialist new text end |
new text begin
-0- new text end |
new text begin
75,000 new text end |
||||
new text begin
For a departmental immigration specialist to
serve as a statewide resource for counties
with noncitizens convicted of criminal
offenses. The specialist shall provide
information on, and actively seek, any
federal reimbursement programs that provide
funding to states and localities for both the
direct costs under the state criminal alien
assistance program and indirect costs related
to the incarceration of noncitizens convicted
of criminal offenses.
new text end
Sec. 7. new text begin PEACE OFFICER STANDARDS
|
||||||
new text begin
The board shall conduct a training audit of its
practitioners, including chiefs of police and
county sheriffs, to determine what training
is currently offered, what new training is
necessary, and how it should be implemented.
Training topics shall include the policing of
immigrant communities and racial profiling.
new text end
Sec. 8.
Laws 2005, chapter 136, article 1, section 10, is amended to read:
Sec. 10.PEACE OFFICER STANDARDS
|
4,154,000 |
deleted text begin
4,014,000 deleted text end new text begin 4,214,000 new text end |
||||
EXCESS AMOUNTS TRANSFERRED.
This appropriation is from the peace officer
training account in the special revenue fund.
Any new receipts credited to that account in
the first year in excess of $4,154,000 must be
transferred and credited to the general fund.
Any new receipts credited to that account
in the second year in excess of deleted text begin $4,014,000deleted text end new text begin
$4,214,000new text end must be transferred and credited
to the general fund.
TECHNOLOGY IMPROVEMENTS.
$140,000 the first year is for technology
improvements.
PEACE OFFICER TRAINING
REIMBURSEMENT. $2,909,000 deleted text begin eachdeleted text end new text begin the
first new text end yearnew text begin and $3,109,000 the second yearnew text end is
for reimbursements to local governments for
peace officer training costs.
Sec. 9.
Laws 2005, chapter 136, article 1, section 13, subdivision 3, is amended to read:
Subd. 3. Community Services
|
103,556,000 |
103,369,000 |
||||
| Summary by Fund |
||
| General Fund |
103,456,000 |
103,269,000 |
| Special Revenue |
100,000 |
100,000 |
SHORT-TERM OFFENDERS. $1,207,000
each year is for costs associated with the
housing and care of short-term offenders.
The commissioner may use up to 20 percent
of the total amount of the appropriation
for inpatient medical care for short-term
offenders with less than six months to
serve as affected by the changes made to
Minnesota Statutes, section 609.105, in
2003. All funds remaining at the end of
the fiscal year not expended for inpatient
medical care shall be added to and distributed
with the housing funds. These funds shall
be distributed proportionately based on the
total number of days short-term offenders are
placed locally, not to exceed $70 per day.
Short-term offenders may be housed in a
state correctional facility at the discretion of
the commissioner.
The Department of Corrections is exempt
from the state contracting process for the
purposes of Minnesota Statutes, section
609.105, as amended by Laws 2003, First
Special Session chapter 2, article 5, sections
7 to 9.
GPS MONITORING OF SEX
OFFENDERS. $500,000 the first
year and $162,000 the second year are for the
acquisition and service of bracelets equipped
with tracking devices designed to track
and monitor the movement and location of
criminal offenders. The commissioner shall
use the bracelets to monitor high-risk sex
offenders who are on supervised release,
conditional release, parole, or probation to
help ensure that the offenders do not violate
conditions of their release or probation.
END OF CONFINEMENT REVIEWS.
$94,000 each year is for end of confinement
reviews.
COMMUNITY SURVEILLANCE AND
SUPERVISION. $1,370,000 each year is
to provide housing options to maximize
community surveillance and supervision.
INCREASE IN INTENSIVE
SUPERVISED RELEASE SERVICES.
$1,800,000 each year is to increase intensive
supervised release services.
SEX OFFENDER ASSESSMENT
REIMBURSEMENTS. $350,000 each year
is to deleted text begin provide grants todeleted text end new text begin reimbursenew text end counties new text begin or
their designees, or courts new text end for deleted text begin reimbursementsdeleted text end
deleted text begin fordeleted text end sex offender assessments as required
under Minnesota Statutes, section 609.3452,
subdivision 1, which is being renumbered as
section 609.3457.
SEX OFFENDER TREATMENT AND
POLYGRAPHS. $1,250,000 each year
is to provide treatment for sex offenders
on community supervision and to pay for
polygraph testing.
INCREASED SUPERVISION OF SEX
OFFENDERS, DOMESTIC VIOLENCE
OFFENDERS, AND OTHER VIOLENT
OFFENDERS. $1,500,000 each year is for
the increased supervision of sex offenders
and other violent offenders, including
those convicted of domestic abuse. These
appropriations may not be used to supplant
existing state or county probation officer
positions.
The commissioner shall distribute $1,050,000
in grants each year to Community Corrections
Act counties and $450,000 each year to the
Department of Corrections Probation and
Supervised Release Unit. The commissioner
shall distribute the funds to the Community
Corrections Act counties according to the
formula contained in Minnesota Statutes,
section 401.10.
Prior to the distribution of these funds, each
Community Corrections Act jurisdiction and
the Department of Corrections Probation
and Supervised Release Unit shall submit
to the commissioner an analysis of need
along with a plan to meet their needs and
reduce the number of sex offenders and other
violent offenders, including domestic abuse
offenders, on probation officer caseloads.
COUNTY PROBATION OFFICERS.
$500,000 each year is to increase county
probation officer reimbursements.
INTENSIVE SUPERVISION AND
AFTERCARE FOR CONTROLLED
SUBSTANCES OFFENDERS; REPORT.
$600,000 each year is for intensive
supervision and aftercare services for
controlled substances offenders released
from prison under Minnesota Statutes,
section 244.055. These appropriations are
not added to the department's base budget.
By January 15, 2008, the commissioner
shall report to the chairs and ranking
minority members of the senate and house
of representatives committees and divisions
having jurisdiction over criminal justice
policy and funding on how this appropriation
was spent.
REPORT ON ELECTRONIC
MONITORING OF SEX OFFENDERS.
By March 1, 2006, the commissioner shall
report to the chairs and ranking minority
members of the senate and house of
representatives committees and divisions
having jurisdiction over criminal justice
policy and funding on implementing an
electronic monitoring system for sex
offenders who are under community
supervision. The report must address the
following:
(1) the advantages and disadvantages in
implementing this system, including the
impact on public safety;
(2) the types of sex offenders who should be
subject to the monitoring;
(3) the time period that offenders should be
subject to the monitoring;
(4) the financial costs associated with the
monitoring and who should be responsible
for these costs; and
(5) the technology available for the
monitoring.
Sec. 10.
Minnesota Statutes 2004, section 13.6905, is amended by adding a subdivision
to read:
new text begin Subd. 1a. new text end
new text begin Facility security assessments and plans. new text end
new text begin
Hazardous substance or oil
facility security assessments and plans are classified under section 115E.04, subdivision
4b.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 11.
Minnesota Statutes 2004, section 115E.01, subdivision 5, is amended to read:
Subd. 5.
Facility.
"Facility" means a structure, group of structures, equipment,
or device, other than a vessel, that is used for one or more of the following purposes:
exploring for, drilling for, producing, storing, handling, transferring, processing, or
transporting oil or a hazardous substance. Facility includes a motor vehicle, rolling stock,
or pipeline used for one or more of these purposes. new text begin Facility also includes a research and
development laboratory, which means a specially designated area used primarily for
research, development, and testing activity and not primarily involved in the production of
goods for commercial sale. new text end A facility may be in, on, or under land, or in, on, or under
waters of the state as defined in section 115.01, subdivision 22.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 12.
Minnesota Statutes 2004, section 115E.01, subdivision 6, is amended to read:
Subd. 6.
Hazardous substance.
"Hazardous substance" has the meaning given
in section 115B.02, subdivision 8. new text begin In addition, hazardous substance includes the
substances listed under section 112r of the Clean Air Act, as provided by Code of Federal
Regulations, title 40, part 68.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 13.
Minnesota Statutes 2004, section 115E.01, subdivision 7, is amended to read:
Subd. 7.
Lead agency.
"Lead agency" means:
(1) the Department of Agriculture, with respect to agricultural chemicals; deleted text begin or
deleted text end
(2) the Pollution Control Agency, for other hazardous substances or oilnew text begin ; or
new text end
new text begin (3) the Department of Public Safety, with respect to the security planning and
security measuresnew text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 14.
Minnesota Statutes 2004, section 115E.01, is amended by adding a subdivision
to read:
new text begin Subd. 11d. new text end
new text begin Security measure. new text end
new text begin
"Security measure" means an action carried out to
increase the security of a facility, including employee training and background checks,
limitation and prevention of access to controls of the facility, protection of the perimeter
of the facility, installation and operation of an intrusion detection sensor, or a measure to
increase computer or computer network security.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 15.
Minnesota Statutes 2004, section 115E.01, is amended by adding a subdivision
to read:
new text begin Subd. 11e. new text end
new text begin Use of inherently safer technology. new text end
new text begin
"Use of inherently safer
technology" means the use of a technology, product, raw material, or practice that, as
compared with the technologies, products, raw materials, or practices currently in use,
reduces or eliminates the possibility of a release, and reduces or eliminates the threats to the
public health or safety and environment associated with the release or threatened release.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 16.
Minnesota Statutes 2004, section 115E.01, subdivision 13, is amended to read:
Subd. 13.
Worst case discharge.
"Worst case discharge" means:
(1) in the case of a vessel, sudden loss of the entire contents of the vessel in weather
conditions that impede cleanup;
(2) for each tank of a storage tank facility, sudden loss of the entire contents of the
tank in weather conditions that impede cleanup;
(3) in the case of railroad rolling stock facilities, sudden loss of the contents of the
maximum expected number of the rail cars containing oil or hazardous substance of a train
onto land or into water in weather conditions that impede cleanup;
(4) in the case of truck and trailer rolling stock facilities, sudden loss of the entire
contents of the truck or trailer onto land or into water in weather conditions that impede
cleanup;
(5) in the case of a pipeline facility, sudden loss of the contents of the pipeline
which would be expected from complete failure of the pipeline onto land or into water in
weather conditions that impede cleanup;
(6) in the case of oil or hazardous substance transfer facilities, sudden loss of the
largest volume which could occur during transfer into or out of a facility; deleted text begin or
deleted text end
(7) new text begin in the case of a facility with more than the threshold quantity of any substance
listed in Code of Federal Regulations, title 40, part 68, under section 112r of the Clean
Air Act, on the property at any point in the year, sudden loss of the maximum expected
inventory of the substances; or
new text end
new text begin (8) new text end the worst case discharge for the facility as described by regulations under the
Oil Pollution Act of 1990 if the regulations, when adopted, describe a discharge worse
than one described in clauses (1) to deleted text begin (6)deleted text end new text begin (7)new text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 17.
new text begin
[115E.025] DUTY TO SECURE FACILITIES.
new text end
new text begin new text end
new text begin Subdivision 1. new text end
new text begin General security. new text end
new text begin
A person who owns or operates a vessel or
facility transporting, storing, or otherwise handling hazardous substances or oil, or who
is otherwise in control of hazardous substances or oil, shall take reasonable security
measures to prevent the unauthorized access of persons to the facilities or to the control
mechanisms of the facilities.
new text end
new text begin Subd. 2. new text end
new text begin Specific security measures. new text end
new text begin
The following persons shall comply with the
specific requirements of section 115E.04, subdivision 1a:
new text end
new text begin
(1) persons who own or operate facilities subject to Code of Federal Regulations,
title 40, part 68, under section 112r of the Clean Air Act, except for retail facilities at
which more than one-half of the income is obtained from direct sales of ammonia or
propane to end users; and
new text end
new text begin
(2) persons who own or operate facilities containing 1,000,000 gallons or more of
oil or hazardous substance in tank storage at any time.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 18.
Minnesota Statutes 2004, section 115E.04, is amended by adding a subdivision
to read:
new text begin Subd. 1a. new text end
new text begin Security plan. new text end
new text begin
Persons required to show specific security measures
under section 115E.025, subdivision 2, shall prepare and maintain a facility security
plan. The security plan must be completed in consultation with local law enforcement
agencies. The security plan must:
new text end
new text begin
(1) summarize the methods used and results of an assessment of vulnerability of
the facility to a terrorist attack or other unauthorized entry and release, the expertise
and affiliation of the evaluators, and any direct or indirect relationship between the
vulnerability evaluators and the owner or operator of the facility;
new text end
new text begin
(2) provide an inventory of the hazardous substance or oil subject to the security
plan, with ranges of the quantity of each substance expected to be in the facility and
entering and leaving the facility during the course of a year;
new text end
new text begin
(3) assess the use of inherently safer technology in reducing or eliminating the
vulnerability of the facility and the possibility of an unauthorized release;
new text end
new text begin
(4) describe actions and procedures, including safer design and maintenance of
the facility, use of inherently safer technology, and all appropriate security measures
undertaken to eliminate or significantly lessen the vulnerability to an unauthorized entry to
the facility or an unauthorized release of oil or a hazardous substance; and
new text end
new text begin
(5) list the names of all insurance carriers underwriting the facility's environmental
liability and workers' compensation insurance policies and the scope of the policies,
including any limitations and exclusions.
new text end
new text begin
A plan submitted to the federal government under the Oil Pollution Act of 1990 or
prepared under any other law may be used to satisfy the security plan requirement, if the
information required by this subdivision is included in the plan. A community water
system vulnerability assessment and emergency response plan prepared under the Public
Health Security and Bioterrorism Preparedness and Response Act of 2002 may be used
to satisfy the security plan requirement.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 19.
Minnesota Statutes 2004, section 115E.04, subdivision 2, is amended to read:
Subd. 2.
Timing.
(a) A person required to be prepared under section 115E.03, other
than a person who owns or operates a motor vehicle, rolling stock, or a facility that stores
less than 250,000 gallons of oil or a hazardous substance, shall complete the response plan
required by this section by March 1, 1993, unless one of the commissioners orders the
person to demonstrate preparedness at an earlier date under section 115E.05.
(b) A person who owns or operates a motor vehicle, rolling stock, or a facility
that stores less than 250,000 gallons of oil or a hazardous substance shall complete the
response plan required by this section by January 1, 1994.
(c) new text begin A person required to prepare a security plan shall complete it within 90 days of
the effective date of this section. The security plan must be amended following significant
change in the security measures, vulnerability, or presence of hazardous substances on
the facility.
new text end
new text begin (d) new text end Plans required under section 115E.04 or 115E.045 must be updated every three
years. Plans must be updated before three years following a significant discharge, upon
significant change in vessel or facility operation or ownership, upon significant change in
the national or area contingency plans under the Oil Pollution Act of 1990, or upon change
in the capabilities or role of a person named in a plan who has an important response role.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 20.
Minnesota Statutes 2004, section 115E.04, is amended by adding a subdivision
to read:
new text begin Subd. 4a. new text end
new text begin Review of security plans. new text end
new text begin
(a) A person required to complete a security
plan under section 115E.025, subdivision 2, must submit a copy of the security plan to the
commissioner of public safety within five business days of its completion.
new text end
new text begin
(b) The commissioner of public safety or a person authorized by the commissioner
must be granted access to the facility for the purpose of inspecting security measures.
new text end
new text begin
(c) Upon the request of the commissioner of public safety or a person authorized
by the commissioner, a person shall demonstrate the adequacy of the security plan and
security measures by conducting announced or unannounced drills, calling persons and
organizations named in a security plan and verifying roles and capabilities, locating and
testing security measure procedures or equipment, questioning facility personnel, or other
means that in the judgment of the commissioner or sheriff demonstrate security. Before
requesting an unannounced security drill, the commissioner of public safety or authorized
person shall invite the county sheriff to participate in or witness the drill. If an announced
drill is conducted to the satisfaction of the commissioner, the person conducting the
security drill may not be required to conduct an additional unannounced security drill in
the same calendar year.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 21.
Minnesota Statutes 2004, section 115E.04, is amended by adding a subdivision
to read:
new text begin Subd. 4b. new text end
new text begin Data. new text end
new text begin
Assessments and plans prepared under this section and material
specifically related to preparation, review, or approval of a plan are nonpublic data as
defined in section 13.02, except that the data may be provided to law enforcement,
firefighters, members of the National Guard, or other representatives of a government
entity responding to a request for services at a facility that is the subject of the assessment
and plan.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 22.
Minnesota Statutes 2004, section 115E.05, subdivision 1, is amended to read:
Subdivision 1.
Amendment to plan.
If one or more of the commissioners finds
the prevention and response plans or preparedness measures of a person do not meet the
requirements of this chapter, new text begin or if the commissioner of public safety finds that the security
plan does not meet the requirements of this chapter, new text end the commissioner or commissioners
making the finding may by order require that reasonable amendments to the plan or
reasonable additional preventive deleted text begin ordeleted text end new text begin , new text end preparednessnew text begin , or security new text end measures be implemented
in a timely fashion. If more than one commissioner makes the finding, the order must
be a joint order.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 23.
Minnesota Statutes 2004, section 115E.05, subdivision 2, is amended to read:
Subd. 2.
Compliance.
If oil or a hazardous substance is discharged while it is under
the control of a person not identified in section new text begin 115E.025 or new text end 115E.03, subdivision 2, any
one of the commissioners new text begin with appropriate jurisdiction new text end may by order require the person to
comply with the prevention and response plan new text begin or security plan new text end requirements of sections
115E.03 and 115E.04 in a timely manner if:
(1) land, water, or air of the state is polluted or threatened; or
(2) human life, safety, health, natural resources, or property is damaged or threatened.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 24.
Minnesota Statutes 2004, section 115E.08, subdivision 3, is amended to read:
Subd. 3.
Jurisdiction.
Except as otherwise provided, the following agencies have
primary responsibility for the specified areas in carrying out the duties and authorities
of this chapter:
(1) the Department of Agriculture, for agricultural chemicals;
(2) the Department of Public Safety, for public safety deleted text begin anddeleted text end new text begin , new text end protection of propertynew text begin ,
and security measuresnew text end ;
(3) the Department of Natural Resources, for assessment and rehabilitation of water
resources;
(4) the Pollution Control Agency, for all other matters subject to this chapter; and
(5) the Department of Transportation, with respect to requirements related to the
packaging, labeling, placarding, routing, and written reporting on releases of hazardous
materials that are being transported.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 25.
Minnesota Statutes 2005 Supplement, section 299A.78, is amended to read:
299A.78 STATEWIDE HUMAN TRAFFICKING ASSESSMENT.
Subdivision 1.
Definitions.
For purposes of sections 299A.78 to , the following definitions apply:
(a) "Commissioner" means the commissioner of the Department of Public Safety.
(b) "Nongovernmental organizations" means nonprofit, nongovernmental
organizations that provide legal, social, or other community services.
(c) "Blackmail" has the meaning given in section 609.281, subdivision 2.
(d) "Debt bondage" has the meaning given in section 609.281, subdivision 3.
(e) "Forced labor or services" has the meaning given in section 609.281, subdivision
4.
(f) "Labor trafficking" has the meaning given in section 609.281, subdivision 5.
(g) "Labor trafficking victim" has the meaning given in section 609.281, subdivision
6.
(h) "Sex trafficking" has the meaning given in section 609.321, subdivision 7a.
(i) "Sex trafficking victim" has the meaning given in section 609.321, subdivision 7b.
(j) "Trafficking" includes "labor trafficking" and "sex trafficking."
(k) "Trafficking victim" includes "labor trafficking victim" and "sex trafficking
victim."
Subd. 2.
General duties.
The commissioner of public safety, in cooperation with
local authorities, shallnew text begin :
new text end
new text begin (1)new text end collect, share, and compile trafficking data among government agencies to assess
the nature and extent of trafficking in Minnesotadeleted text begin .deleted text end new text begin ; and
new text end
new text begin
(2) analyze the collected data to develop a plan to address and prevent human
trafficking.
new text end
Subd. 3.
Outside services.
As provided for in section 15.061, the commissioner of
public safety may contract with professional or technical services in connection with the
duties to be performed under deleted text begin sectiondeleted text end new text begin sections new text end 299A.785new text begin , 299A.79, and 299A.795new text end . The
commissioner may also contract with other outside organizations to assist with the duties
to be performed under deleted text begin sectiondeleted text end new text begin sections new text end 299A.785new text begin , 299A.79, and 299A.795new text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 26.
new text begin
[299A.79] TRAFFICKING STUDY; ANALYSIS AND USE OF DATA.
new text end
new text begin Subdivision 1. new text end
new text begin Data analysis. new text end
new text begin
The commissioner shall analyze the data collected
in section 299A.785 to develop a plan to address current trafficking and prevent future
trafficking in this state. The commissioner may evaluate various approaches used by
other state and local governments to address trafficking. The plan must include, but not
be limited to:
new text end
new text begin
(1) ways to train agencies, organizations, and officials involved in law enforcement,
prosecution, and social services;
new text end
new text begin
(2) ways to increase public awareness of trafficking; and
new text end
new text begin
(3) procedures to enable the state government to work with nongovernmental
organizations to prevent trafficking.
new text end
new text begin Subd. 2. new text end
new text begin Training plan. new text end
new text begin
The training plan required in subdivision 1 must include:
new text end
new text begin
(1) methods used in identifying trafficking victims, including preliminary interview
techniques and appropriate interrogation methods;
new text end
new text begin
(2) methods for prosecuting traffickers;
new text end
new text begin
(3) methods for protecting the rights of trafficking victims, taking into account
the need to consider human rights and special needs of women and children trafficking
victims; and
new text end
new text begin
(4) methods for promoting the safety of trafficking victims.
new text end
new text begin Subd. 3. new text end
new text begin Public awareness initiative. new text end
new text begin
The public awareness initiative required in
subdivision 1 must address, at a minimum, the following subjects:
new text end
new text begin
(1) the risks of becoming a trafficking victim;
new text end
new text begin
(2) common recruitment techniques; use of debt bondage, blackmail, forced labor
and services, prostitution, and other coercive tactics; and risks of assault, criminal sexual
conduct, exposure to sexually transmitted diseases, and psychological harm;
new text end
new text begin
(3) crime victims' rights; and
new text end
new text begin
(4) reporting recruitment activities involved in trafficking.
new text end
new text begin Subd. 4. new text end
new text begin Report to legislature. new text end
new text begin
The commissioner shall report the plan to the chairs
and ranking minority members of the senate and house committees and divisions having
jurisdiction over criminal justice policy and funding by December 15, 2006.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 27.
new text begin
[299A.795] TRAFFICKING VICTIM ASSISTANCE.
new text end
new text begin
The commissioner may review the existing services and facilities to meet trafficking
victims' needs and recommend a plan that would coordinate the services including, but
not limited to:
new text end
new text begin
(1) medical and mental health services;
new text end
new text begin
(2) housing;
new text end
new text begin
(3) education and job training;
new text end
new text begin
(4) English as a second language;
new text end
new text begin
(5) interpreting services;
new text end
new text begin
(6) legal and immigration services; and
new text end
new text begin
(7) victim compensation.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 28.
new text begin
[299A.7955] HUMAN TRAFFICKING TASK FORCE.
new text end
new text begin Subdivision 1. new text end
new text begin Creation and duties. new text end
new text begin
By September 1, 2006, the commissioner shall
appoint a 22-member task force on human trafficking to advise the commissioner on the
commissioner's duties in sections 299A.78 to 299A.795. The task force shall also serve as
a liaison between the commissioner and agencies and nongovernmental organizations that
provide services to trafficking victims. The members must receive expense reimbursement
as specified in section 15.059.
new text end
new text begin Subd. 2. new text end
new text begin Membership. new text end
new text begin
To the extent possible, the human trafficking task force
consists of the following individuals, or their designees, who are knowledgeable in
trafficking, crime victims' rights, or violence protection:
new text end
new text begin
(1) a representative of the Minnesota Chiefs of Police Association;
new text end
new text begin
(2) a representative of the Bureau of Criminal Apprehension;
new text end
new text begin
(3) a representative of the Minnesota Sheriffs' Association;
new text end
new text begin
(4) a peace officer who works and resides in the metropolitan area, composed of
Hennepin, Ramsey, Anoka, Dakota, Scott, Washington, and Carver Counties;
new text end
new text begin
(5) a peace officer who works and resides in the nonmetropolitan area;
new text end
new text begin
(6) a county attorney who works in Hennepin County;
new text end
new text begin
(7) a county attorney who works in Ramsey County;
new text end
new text begin
(8) a representative of the attorney general's office;
new text end
new text begin
(9) a representative of the Department of Public Safety's office of justice program;
new text end
new text begin
(10) a representative of the federal Homeland Security Department;
new text end
new text begin
(11) a representative of the Department of Health and Human Services;
new text end
new text begin
(12) the chair or executive director of the Council on Asian-Pacific Minnesotans;
new text end
new text begin
(13) the chair or executive director of the Minnesota Chicano-Latino Affairs Council;
new text end
new text begin
(14) a representative of the United States Attorney's Office; and
new text end
new text begin
(15) eight representatives from nongovernmental organizations, which may include
representatives of:
new text end
new text begin
(i) the Minnesota Coalition for Battered Women;
new text end
new text begin
(ii) the Minnesota Coalition Against Sexual Assault;
new text end
new text begin
(iii) a statewide or local organization that provides civil legal services to women
and children;
new text end
new text begin
(iv) a statewide or local organization that provides mental health services to women
and children;
new text end
new text begin
(v) a statewide or local human rights and social justice advocacy organization;
new text end
new text begin
(vi) a statewide or local organization that provides services to victims of torture,
trauma, or human trafficking;
new text end
new text begin
(vii) a statewide or local organization that serves the needs of immigrants and
refugee women and children from diverse ethnic communities; and
new text end
new text begin
(viii) a statewide or local organization that provides legal services to low-income
immigrants.
new text end
new text begin Subd. 3. new text end
new text begin Officers; meetings. new text end
new text begin
(a) The task force shall annually elect a chair and
vice-chair from among its members, and may elect other officers as necessary. The task
force shall meet at least quarterly, or upon the call of its chair. The task force shall meet
sufficiently enough to accomplish the tasks identified in this section.
new text end
new text begin
(b) The task force shall seek out and enlist the cooperation and assistance of
nongovernmental organizations and academic researchers, especially those specializing in
trafficking, representing diverse communities disproportionately affected by trafficking, or
focusing on child services and runaway services.
new text end
new text begin Subd. 4. new text end
new text begin Expiration. new text end
new text begin
Notwithstanding section 15.059, the task force expires June
30, 2011, or once it has implemented and evaluated the programs and policies in sections
299A.78 to 299A.795 to the satisfaction of the commissioner, whichever occurs first.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 29.
new text begin
[299A.7957] TOLL-FREE HOTLINE FOR TRAFFICKING VICTIMS.
new text end
new text begin
(a) As used in this section, "trafficking victim" has the meaning given in section
299A.78, subdivision 1.
new text end
new text begin
(b) The commissioner of public safety shall contract with a nonprofit organization
that provides legal services to domestic and international trafficking victims to maintain a
toll-free telephone hotline for trafficking victims.
new text end
new text begin
The hotline must be in place by January 1, 2007, and must be operated 24 hours
a day, 365 days a year. The hotline must offer language interpreters for languages
commonly spoken in Minnesota, including, but not limited to, Spanish, Vietnamese,
Hmong, and Somali. At a minimum, the hotline must screen trafficking victims, both
domestic and international, and provide appropriate referrals to attorneys and victims'
services organizations.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 30.
Minnesota Statutes 2004, section 488A.03, subdivision 6, is amended to read:
Subd. 6.
Disposition of fines, fees and other money; accounts.
(a) Except as
otherwise provided deleted text begin hereindeleted text end new text begin within this subdivision new text end and except as otherwise provided by law,
the court administrator shall pay deleted text begin to the Hennepin county treasurerdeleted text end all fines and penalties
collected by the court administrator, all fees collected by the court administrator for court
administrator's services, all sums forfeited to the court as deleted text begin hereinafterdeleted text end providednew text begin in this
subdivisionnew text end , and all other money received by the court administratordeleted text begin .deleted text end new text begin to the subdivision
of government entitled to it as follows on or before the 20th day after the last day of
the month in which the money was collected. Eighty percent of all fines and penalties
collected during the previous month shall be paid to the treasurer of the municipality or
subdivision of government where the crime was committed. The remainder of the fines
and penalties shall be credited to the general fund of the state. In all cases in which the
county attorney had charge of the prosecution, all fines and penalties shall be credited
to the state general fund.
new text end
(b) The court administrator shall deleted text begin provide the county treasurer withdeleted text end new text begin identifynew text end the name
of the municipality or other subdivision of government where the offense was committed
deleted text begin and the name and official position of the officer who prosecuted the offense for each fine
or penalty,deleted text end and the total amount of fines or penalties collected for each deleted text begin suchdeleted text end municipality
or other subdivision of governmentnew text begin , new text end deleted text begin ordeleted text end for the countynew text begin , or for the statenew text end .
deleted text begin
(c) At the beginning of the first day of any month the amount owing to any
municipality or county in the hands of the court administrator shall not exceed $5,000.
deleted text end
deleted text begin
(d) On or before the last day of each month the county treasurer shall pay over to
the treasurer of each municipality or subdivision of government in Hennepin County all
fines or penalties collected during the previous month for offenses committed within
such municipality or subdivision of government, except that all such fines and penalties
attributable to cases in which the county attorney had charge of the prosecution shall be
retained by the county treasurer and credited to the county general revenue fund.
deleted text end
deleted text begin (e) deleted text end new text begin (c) new text end Amounts represented by checks issued by the court administrator or received
by the court administrator which have not cleared by the end of the month may be shown
on the monthly account as having been paid or received, subject to adjustment on later
monthly accounts.
deleted text begin (f)deleted text end new text begin (d) new text end The court administrator may receive negotiable instruments in payment
of fines, penalties, fees or other obligations as conditional payments, and is not held
accountable deleted text begin therefordeleted text end new text begin for this new text end until collection in cash is made and then only to the extent of
the net collection after deduction of the necessary expense of collection.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 31.
Minnesota Statutes 2004, section 488A.03, subdivision 11, is amended to read:
Subd. 11.
Fees payable to administrator.
(a) The civil fees payable to the
administrator for services are the same in amount as the fees then payable to the District
Court of Hennepin County for like services. Library and filing fees are not required of
the defendant in an eviction action. The fees payable to the administrator for all other
services of the administrator or the court shall be fixed by rules promulgated by a majority
of the judges.
(b) Fees are payable to the administrator in advance.
(c) Judgments will be entered only upon written application.
deleted text begin
(d) The following fees shall be taxed for all charges filed in court where applicable:
(a) The state of Minnesota and any governmental subdivision within the jurisdictional area
of any district court herein established may present cases for hearing before said district
court; (b) In the event the court takes jurisdiction of a prosecution for the violation of a
statute or ordinance by the state or a governmental subdivision other than a city or town
in Hennepin County, all fines, penalties, and forfeitures collected shall be paid over to
the treasurer of the governmental subdivision which submitted charges for prosecution
under ordinance violation and to the county treasurer in all other charges except where
a different disposition is provided by law, in which case, payment shall be made to
the public official entitled thereto. The following fees shall be taxed to the county or
to the state or governmental subdivision which would be entitled to payment of the
fines, forfeiture or penalties in any case, and shall be paid to the court administrator for
disposing of the matter:
deleted text end
deleted text begin
(1) For each charge where the defendant is brought into court and pleads guilty and
is sentenced, or the matter is otherwise disposed of without trial .......... $5.
deleted text end
deleted text begin
(2) In arraignments where the defendant waives a preliminary examination ..........
$10.
deleted text end
deleted text begin
(3) For all other charges where the defendant stands trial or has a preliminary
examination by the court .......... $15.
deleted text end
deleted text begin
(e) This paragraph applies to the distribution of fines paid by defendants without a
court appearance in response to a citation. On or before the tenth day after the last day of
the month in which the money was collected, the county treasurer shall pay 80 percent
of the fines to the treasurer of the municipality or subdivision within the county where
the violation was committed. The remainder of the fines shall be credited to the general
revenue fund of the county.
deleted text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 32. new text begin SENTENCING GUIDELINES MODIFICATIONS; DELAY IN
IMPLEMENTATION.
new text end
new text begin
The modifications related to sex offenses proposed by the Minnesota Sentencing
Guidelines Commission and described in the January 2006 Report to the Legislature,
pages 31 to 45, take effect on August 1, 2007.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 33. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2004, section 488A.03, subdivision 11b,
new text end
new text begin
is repealed.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
ARTICLE 17
STATE GOVERNMENT
Section 1. new text begin STATE GOVERNMENT APPROPRIATIONS.
new text end
new text begin
The sums shown in the columns marked "APPROPRIATIONS" are added to the
appropriations in Laws 2005, chapter 156, article 1, or other law to the agencies and for
the purposes specified in this article. The appropriations are from the general fund or
another named fund and are available for the fiscal years indicated for each purpose. The
figures "2006" and "2007" used in this article mean that the addition to the appropriation
listed under them is available for the fiscal year ending June 30, 2006, or June 30,
2007, respectively. "The first year" is fiscal year 2006. "The second year" is fiscal year
2007. "The biennium" is fiscal years 2006 and 2007. Supplementary appropriations and
reductions to appropriations for the fiscal year ending June 30, 2006, are effective the
day following final enactment.
new text end
|
new text begin
SUMMARY BY FUND new text end |
||||||
|
new text begin
2006 new text end |
new text begin
2007 new text end |
new text begin
TOTAL new text end |
||||
|
new text begin
General new text end |
new text begin
$ new text end |
new text begin
4,250,000 new text end |
new text begin
$ new text end |
new text begin
5,057,000 new text end |
new text begin
$ new text end |
new text begin
9,307,000 new text end |
|
new text begin
APPROPRIATIONS new text end |
||||||
|
new text begin
Available for the Year new text end |
||||||
|
new text begin
Ending June 30 new text end |
||||||
|
new text begin
2006 new text end |
new text begin
2007 new text end |
|||||
Sec. 2. new text begin LEGISLATURE
|
new text begin new text end | new text begin new text end | ||||
new text begin Subdivision 1. new text end
new text begin
Total Appropriation
|
new text begin
$ new text end |
new text begin
-0- new text end |
new text begin
$ new text end |
new text begin
37,000 new text end |
||
new text begin
The appropriations in this section are to the
Legislative Coordinating Commission for
the purposes in subdivisions 2 and 3.
new text end
new text begin Subd. 2. new text end
new text begin
Legislative forums
|
new text begin
30,000 new text end |
|||||
new text begin
For the cost of annual forums to improve
legislative effectiveness, as required by
Minnesota Statutes, section 3.051.
new text end
new text begin Subd. 3. new text end
new text begin
International Legislators' Forum
|
new text begin
7,000 new text end |
|||||
new text begin
For the International Legislators' Forum,
to allow Minnesota legislators to meet with
counterparts from South Dakota, North
Dakota, and Manitoba, Canada, to discuss
issues of mutual concern. This is a onetime
appropriation.
new text end
Sec. 3. new text begin GOVERNOR AND LIEUTENANT
|
new text begin
(700,000) new text end |
|||||
|
new text begin
Interagency agreements new text end |
||||||
new text begin
This reduction is intended to offset the value
of employees provided to the Office of the
Governor and Lieutenant Governor through
interagency agreements. This is a onetime
reduction in appropriation.
new text end
Sec. 4. new text begin FINANCE
|
new text begin
-0- new text end |
new text begin
200,000 new text end |
||||
|
new text begin
Northwest Airlines bankruptcy counsel new text end |
||||||
new text begin
For the state's share of the cost of bankruptcy
counsel representing joint interests of the
state and the city of Duluth in the Northwest
Airlines bankruptcy. The commissioner
must request the city of Duluth to pay
its proportional share of the cost of the
bankruptcy counsel. This is a onetime
appropriation.
new text end
Sec. 5. new text begin OFFICE OF ENTERPRISE
|
new text begin
-0- new text end |
new text begin
1,900,000 new text end |
||||
new text begin
For comprehensive planning,
implementation, and administration of
enterprise information technology security
according to Minnesota Statutes, sections
16E.01 and 16E.03. $1,700,000 is added
to the appropriation base for fiscal years
2008 and thereafter to provide for continuing
administration of enterprise security.
new text end
Sec. 6. new text begin EMPLOYEE RELATIONS
|
||||||
new text begin Subdivision 1. new text end
new text begin
Total Appropriation
|
new text begin
4,000,000 new text end |
new text begin
100,000 new text end |
||||
new text begin
This appropriation may be spent for the
purposes in subdivisions 2 and 3.
new text end
new text begin Subd. 2. new text end
new text begin
Government shutdown
|
new text begin
4,000,000 new text end |
|||||
new text begin
To reimburse state employees, as defined
in Minnesota Statutes, section 43A.02,
subdivision 21, for hours for which they
were not compensated due to the partial
government shutdown of July 1, 2005, to
July 14, 2005.
new text end
new text begin
The commissioner of employee relations
must determine the number of hours an
employee was prevented from working due
to the partial government shutdown. The
commissioner must credit an employee's
vacation bank with the number of hours
so determined. Notwithstanding any law
or policy to the contrary, an employee
credited with hours under this subdivision
may choose to be paid in cash for these
hours, rather than having the hours credited
to the employee's vacation bank. If a
memorandum of understanding or other
agreement or policy provides an employee
with partial compensation for hours not
worked due to the partial government
shutdown, compensation provided under
that agreement or policy must be subtracted
from compensation in cash or in credit to
the employee's vacation bank that otherwise
would be due under this subdivision. The
commissioner must make payments or
credits required by this subdivision within 30
days of the effective date of this section. The
commissioner must also use this general fund
appropriation to reimburse funds other than
the general fund for the cost of the payments
or credits required by this subdivision. If
the appropriation is insufficient to cover all
reimbursements, it must be prorated among
the eligible agencies and funds in proportion
to their share of the total amount reimbursed.
This is a onetime appropriation.
new text end
new text begin Subd. 3. new text end
new text begin
Center for Health Care Purchasing
|
new text begin
100,000 new text end |
|||||
new text begin
To establish and operate the Center for
Health Care Purchasing Improvement. This
is a onetime appropriation.
new text end
Sec. 7. new text begin VETERANS AFFAIRS
|
||||||
new text begin Subdivision 1. new text end
new text begin
Total Appropriation
|
new text begin
250,000 new text end |
new text begin
3,430,000 new text end |
||||
new text begin
This appropriation may be spent for the
purposes in subdivisions 2 to 7.
new text end
new text begin Subd. 2. new text end
new text begin
Soldiers' assistance fund
|
new text begin
1,900,000 new text end |
|||||
new text begin
For deposit in the state soldiers' assistance
fund established in Minnesota Statutes,
section 197.03.
new text end
new text begin Subd. 3. new text end
new text begin
Web site development
|
new text begin
100,000 new text end |
|||||
new text begin
To create a centralized Web site to contain
information on all state, federal, local, and
private agencies and organizations that
provide goods or services to veterans or their
families.
new text end
new text begin Subd. 4. new text end
new text begin
Grants to counties
|
new text begin
200,000 new text end |
|||||
new text begin
For grants to counties under the terms of this
subdivision. The commissioner shall issue a
request for proposals for grants to enhance
the benefits, programs, and services provided
to veterans. The request must specify that
priority will be given to proposals that meet
the programmatic goals established by the
commissioner, including proposals that:
new text end
new text begin
(1) will provide the most effective outreach
to veterans;
new text end
new text begin
(2) reintegrate combat veterans into society;
new text end
new text begin
(3) collaborate with other social service
agencies, educational institutions, and other
relevant community resources;
new text end
new text begin
(4) reduce homelessness among veterans;
and
new text end
new text begin
(5) provide measurable outcomes.
new text end
new text begin
The commissioner may provide incentives to
encourage regional collaboration for service
delivery.
new text end
new text begin
The grants may be for a term of up to two
years. The commissioner shall ensure that
grants are made throughout all regions of
the state and shall develop a description of
best practices for the use of these grants. A
county may not reduce its veterans service
office budget by any amount received as a
grant under this subdivision. Grants made
under this subdivision are in addition to
and not subject to the requirements for
grants made under Minnesota Statutes,
section 197.608. The Vinland Center and the
Minnesota Assistance Council for Veterans
may apply for grants under this subdivision
in fiscal year 2007. This appropriation must
be included in the appropriation base through
fiscal year 2009.
new text end
new text begin Subd. 5. new text end
new text begin
Higher education veterans
|
new text begin
900,000 new text end |
|||||
new text begin
For the higher education veterans assistance
program in section 16. This appropriation
must be included in the appropriation base
through fiscal year 2009.
new text end
new text begin Subd. 6. new text end
new text begin
Outreach and assistance
|
new text begin
250,000 new text end |
new text begin
250,000 new text end |
||||
new text begin
For an outreach and assistance initiative for
underserved veterans.
new text end
new text begin Subd. 7. new text end
new text begin
Veterans organizations
|
new text begin
80,000 new text end |
|||||
new text begin
For veterans' services provided by Veterans
of Foreign Wars, the Military Order of the
Purple Heart, Disabled American Veterans,
and the Vietnam Veterans of America. This
is a onetime appropriation.
new text end
Sec. 8. new text begin AMATEUR SPORTS COMMISSION
|
new text begin
-0- new text end |
new text begin
90,000 new text end |
||||
new text begin
This is a onetime appropriation.
new text end
Sec. 9.
new text begin
[3.051] LEGISLATIVE TRAINING FORUMS.
new text end
new text begin Subdivision 1. new text end
new text begin Purposes. new text end
new text begin
The Legislative Coordinating Commission shall oversee
two legislative training forums each year. The commission shall:
new text end
new text begin
(1) create an annual gathering of legislators to be held within the first two weeks of
January each year, and one other legislative training forum each year;
new text end
new text begin
(2) select speakers, including executive or nonpartisan legislative staff, who
will provide an overview of the issues affecting Minnesota, including demographic,
environmental, sociological, and economic perspectives on Minnesota, background on key
policy issues the legislature is expected to address that year, training to improve legislative
skills in running effective meetings, and training on other issues; and
new text end
new text begin
(3) invite current executive branch officials in order to provide opportunities for
legislators and invited executive branch officials to interact and work to form cooperative
solutions to Minnesota issues, problems, and challenges.
new text end
new text begin Subd. 2. new text end
new text begin Partners. new text end
new text begin
The Legislative Coordinating Commission may select a partner
or partners from Minnesota's institutions of higher education and nonprofit communities,
and if such a choice is made, must give all interested institutions an opportunity to submit
a proposal to conduct the training, schedule activities, and create meeting agendas. The
commission may accept donations from foundations, corporations, and individuals to
defray costs of the forums, and shall publish those donations on the legislature's Web site.
A registered lobbyist or principal may not contribute for this purpose. Donations received
are appropriated to the Legislative Coordinating Commission for purposes of this section.
new text end
Sec. 10.
new text begin
[4.51] EXPENSES OF GOVERNOR-ELECT.
new text end
new text begin
This section applies after a state general election in which a person who is not the
current governor is elected to take office as the next governor. The commissioner of
administration must request a transfer from the general fund contingent account of an
amount equal to 4.5 percent of the amount appropriated for operation of the Office of the
Governor and Lieutenant Governor for the current fiscal year. This request is subject to
the review and advice of the Legislative Advisory Commission under section 3.30. If the
transfer is approved, the commissioner of administration must make this amount available
to the governor-elect before the governor-elect takes office. The commissioner must
provide office space for the governor-elect and for any employees the governor-elect hires.
new text end
Sec. 11.
new text begin
[16E.21] INFORMATION AND TELECOMMUNICATIONS
ACCOUNT.
new text end
new text begin Subdivision 1. new text end
new text begin Account established; appropriation. new text end
new text begin
The information and
telecommunications technology systems and services account is created in the special
revenue fund. Receipts credited to the account are appropriated to the Office of Enterprise
Technology for the purpose of defraying the costs of personnel and technology for
activities that create government efficiencies in accordance with this chapter.
new text end
new text begin Subd. 2. new text end
new text begin Charges. new text end
new text begin
Upon agreement of the participating agency, the Office
of Enterprise Technology may collect a charge for purchases of information and
telecommunications technology systems and services by state agencies and other
governmental entities through state contracts for purposes described in subdivision
1. Charges collected under this section must be credited to the information and
telecommunications technology systems and services account.
new text end
Sec. 12.
new text begin
[43A.312] CENTER FOR HEALTH CARE PURCHASING
IMPROVEMENT.
new text end
new text begin Subdivision 1. new text end
new text begin Establishment; administration. new text end
new text begin
The commissioner shall establish
and administer the Center for Health Care Purchasing Improvement as an administrative
unit within the Department of Employee Relations. The Center for Health Care Purchasing
Improvement shall support the state in its efforts to be a more prudent and efficient
purchaser of quality health care services. The center shall aid the state in developing and
using more common strategies and approaches for health care performance measurement
and health care purchasing. The common strategies and approaches shall promote greater
transparency of health care costs and quality, and greater accountability for health
care results and improvement. The center shall also identify barriers to more efficient,
effective, quality health care and options for overcoming the barriers.
new text end
new text begin Subd. 2. new text end
new text begin Staffing; duties; scope. new text end
new text begin
(a) The commissioner may appoint a director, and
up to three additional senior-level staff or codirectors, and other staff as needed who are
under the direction of the commissioner. The staff of the center are in the unclassified
service.
new text end
new text begin
(b) With the authorization of the commissioner of employee relations, and in
consultation or interagency agreement with the appropriate commissioners of state
agencies, the director, or codirectors, may:
new text end
new text begin
(1) initiate projects to develop plan designs for state health care purchasing;
new text end
new text begin
(2) require reports or surveys to evaluate the performance of current health care
purchasing strategies;
new text end
new text begin
(3) calculate fiscal impacts, including net savings and return on investment, of health
care purchasing strategies and initiatives;
new text end
new text begin
(4) conduct policy audits of state programs to measure conformity to state statute or
other purchasing initiatives or objectives;
new text end
new text begin
(5) support the Administrative Uniformity Committee under section 62J.50 and
other relevant groups or activities to advance agreement on health care administrative
process streamlining;
new text end
new text begin
(6) consult with the Health Economics Unit of the Department of Health regarding
reports and assessments of the health care marketplace;
new text end
new text begin
(7) consult with the departments of Health and Commerce regarding health care
regulatory issues and legislative initiatives;
new text end
new text begin
(8) work with appropriate Department of Human Services staff and the Centers for
Medicare and Medicaid Services to address federal requirements and conformity issues
for health care purchasing;
new text end
new text begin
(9) assist the Minnesota Comprehensive Health Association in health care
purchasing strategies;
new text end
new text begin
(10) convene medical directors of agencies engaged in health care purchasing for
advice, collaboration, and exploring possible synergies;
new text end
new text begin
(11) contact and participate with other relevant health care task forces, study
activities, and similar efforts with regard to health care performance measurement and
performance-based purchasing; and
new text end
new text begin
(12) assist in seeking external funding through appropriate grants or other funding
opportunities and may administer grants and externally funded projects.
new text end
new text begin Subd. 3. new text end
new text begin Report. new text end
new text begin
The commissioner must report annually to the legislature and the
governor on the operations, activities, and impacts of the center. The report must be
posted on the Department of Employee Relations Web site and must be available to the
public. The report must include a description of the state's efforts to develop and use more
common strategies for health care performance measurement and health care purchasing.
The report must also include an assessment of the impacts of these efforts, especially in
promoting greater transparency of health care costs and quality, and greater accountability
for health care results and improvement.
new text end
Sec. 13.
Minnesota Statutes 2005 Supplement, section 201.061, subdivision 3, is
amended to read:
Subd. 3.
Election day registration.
(a) An individual who is eligible to vote may
register on election day by appearing in person at the polling place for the precinct in
which the individual maintains residence, by completing a registration application, making
an oath in the form prescribed by the secretary of state and providing proof of residence.
An individual may prove residence for purposes of registering by:
(1) presenting a driver's license or Minnesota identification card issued pursuant
to section 171.07;
(2) presenting any document approved by the secretary of state as proper
identification;
(3) presenting one of the following:
(i) a current valid student identification card from a postsecondary educational
institution in Minnesota, if a list of students from that institution has been prepared under
section 135A.17 and certified to the county auditor in the manner provided in rules of
the secretary of state; or
(ii) a current student fee statement that contains the student's valid address in the
precinct together with a picture identification card; or
(4) having a voter who is registered to vote in the precinct, or who is an employee
employed by and working in a residential facility in the precinct and vouching for a
resident in the facility, sign an oath in the presence of the election judge vouching that the
voter or employee personally knows that the individual is a resident of the precinct. A
voter who has been vouched for on election day may not sign a proof of residence oath
vouching for any other individual on that election day. A voter who is registered to vote in
the precinct may sign up to 15 proof-of-residence oaths on any election day. This limitation
does not apply to an employee of a residential facility described in this clause. The
secretary of state shall provide a form for election judges to use in recording the number
of individuals for whom a voter signs proof-of-residence oaths on election day. The
form must include space for the maximum number of individuals for whom a voter may
sign proof-of-residence oaths. For each proof-of-residence oath, the form must include
a statement that the voter is registered to vote in the precinct, personally knows that the
individual is a resident of the precinct, and is making the statement on oath. The form must
include a space for the voter's printed name, signature, telephone number, and address.
The oath required by this subdivision and Minnesota Rules, part 8200.9939, must
be attached to the voter registration application and the information on the oath must be
recorded on the records of both the voter registering on election day and the voter who
is vouching for the person's residence, and entered into the statewide voter registration
system by the county auditor when the voter registration application is entered into that
system.
(b) The operator of a residential facility shall prepare a list of the names of its
employees currently working in the residential facility and the address of the residential
facility. The operator shall certify the list and provide it to the appropriate county auditor
no less than 20 days before each election for use in election day registration.
(c) "Residential facility" means transitional housing as defined in section 256E.33,
subdivision 1; a supervised living facility licensed by the commissioner of health under
section 144.50, subdivision 6; a nursing home as defined in section 144A.01, subdivision
5; a residence registered with the commissioner of health as a housing with services
establishment as defined in section 144D.01, subdivision 4; a veterans home operated by
the board of directors of the Minnesota Veterans Homes under chapter 198; a residence
licensed by the commissioner of human services to provide a residential program as
defined in section 245A.02, subdivision 14; a residential facility for persons with a
developmental disability licensed by the commissioner of human services under section
252.28; group residential housing as defined in section 256I.03, subdivision 3; a shelter
for battered women as defined in section 611A.37, subdivision 4; or a supervised
publicly or privately operated shelter or dwelling designed to provide temporary living
accommodations for the homeless.
(d) For tribal band members, an individual may prove residence for purposes of
registering bynew text begin :
new text end
new text begin (1)new text end presenting an identification card issued by the tribal government of a tribe
recognized by the Bureau of Indian Affairs, United States Department of the Interior, that
contains the name, address, signature, and picture of the individualnew text begin ; or
new text end
new text begin (2) presenting an identification card issued by the tribal government of a tribe
recognized by the Bureau of Indian Affairs, United States Department of the Interior, that
contains the name, signature, and picture of the individual, and also presenting one of the
documents listed in Minnesota Rules, part 8200.5100, subpart 2, item Bnew text end .
(e) A county, school district, or municipality may require that an election judge
responsible for election day registration initial each completed registration application.
Sec. 14.
Laws 1998, chapter 404, section 15, subdivision 2, as amended by Laws
2005, chapter 20, article 1, section 40, and Laws 2005, chapter 156, article 2, section
43, is amended to read:
Subd. 2.National Sports Center
|
4,800,000 |
|||||
$1,700,000 is to purchase and develop land
adjacent to the National Sports Center in
Blaine for use as athletic fields.
$3,100,000 is to develop the National
Children's Golf Course. The primary
purpose of the National Children's Golf
Course is to serve youth of 18 years and
younger. Market rates must be charged for
adult golf.
new text begin Notwithstanding Minnesota Statutes, section
16B.24, subdivision 5,new text end the Minnesota
Amateur Sports Commission may lease
up to 20 percent of the area of the land
purchased with money from the general
fund appropriations in this subdivision for
a term of up to 30 yearsnew text begin , plus two renewals
for a term of up to 30 years each,new text end to one or
more governmental or private entities for
any use by the lessee, whether public or
private, so long as the use provides some
benefit to amateur sports. The commission
must submit proposed leases for the land
described in this subdivision to the chairs of
the legislative committees with jurisdiction
over state government policy and finance for
review at least 30 days before the leases may
be entered into by the commission. Up to
$300,000 of lease payments received by the
commission each fiscal year is appropriated
to the commission for the purposes specified
in Minnesota Statutes, chapter 240A. The
land purchased from the general fund
appropriations may be used for any amateur
sport.
Sec. 15.
Laws 2005, chapter 156, article 1, section 11, subdivision 5, is amended to
read:
Subd. 5.Public Broadcasting |
|
| 1,855,000 |
1,855,000 |
$963,000 the first year and $963,000 the
second year are for matching grants for
public television.
$398,000 the first year and $398,000
the second year are for public television
equipment grants.
Equipment or matching grant allocations
shall be made after considering the
recommendations of the Minnesota Public
Television Association.
$17,000 the first year and $17,000 the second
year are for grants to the Twin Cities regional
cable channel.
$287,000 the first year and $287,000 the
second year are for community service grants
to public educational radio stations. The
grants must be allocated after considering
the recommendations of the Association of
Minnesota Public Educational Radio Stations
under Minnesota Statutes, section 129D.14.
$190,000 the first year and $190,000 the
second year are for equipment grants
to Minnesota Public Radio, Inc. deleted text begin This
appropriation is contingent on Minnesota
Public Radio, Inc. making public a list
containing the position and salary of each
employee and single individual providing
personal services under a contract who is paid
more than $100,000 per year by Minnesota
Public Radio, Inc. or a related organization
as defined in Minnesota Statutes, section
317A.011, subdivision 18.deleted text end
Any unencumbered balance remaining the
first year for grants to public television or
radio stations does not cancel and is available
for the second year.
Sec. 16. new text begin HIGHER EDUCATION VETERANS ASSISTANCE PROGRAM.
new text end
new text begin Subdivision 1. new text end
new text begin Assistance provided. new text end
new text begin
The commissioner of veterans affairs shall
provide central liaison staff and campus veterans assistance officers to serve the needs
of students who are veterans at higher education institutions in Minnesota. Methods of
assistance may include, but are not limited to, work-study positions for veterans, and
providing information and assistance regarding the availability of state, federal, local,
and private resources.
new text end
new text begin Subd. 2. new text end
new text begin Steering committee. new text end
new text begin
The commissioner of veterans affairs shall chair a
higher education veterans assistance program steering committee composed of:
new text end
new text begin
(1) the adjutant general or the adjutant general's designee;
new text end
new text begin
(2) a representative of Minnesota State Colleges and Universities, designated by
the chancellor;
new text end
new text begin
(3) a representative of the University of Minnesota, appointed by the president of
the university;
new text end
new text begin
(4) a representative of private colleges and universities in Minnesota, appointed by
the governor;
new text end
new text begin
(5) a representative of the Office of Higher Education, appointed by the executive
director;
new text end
new text begin
(6) a representative of county veterans service offices, appointed by the
commissioner of veterans affairs; and
new text end
new text begin
(7) a representative of the Department of Employment and Economic Development,
appointed by the commissioner of that department.
new text end
new text begin
The steering committee shall advise the commissioner of veterans affairs regarding the
allocation of appropriations for the purposes of this section and shall develop a long-range
plan to serve the needs of students at higher education institutions in Minnesota who are
veterans.
new text end
new text begin Subd. 3. new text end
new text begin Office space provided. new text end
new text begin
Each campus of the University of Minnesota and
each institution within the Minnesota State Colleges and Universities system shall provide
adequate space for a veterans assistance office to be administered by the commissioner
of veterans affairs, and each private college and university in Minnesota is encouraged
to provide adequate space for a veterans assistance office to be administered by the
commissioner of veterans affairs. The veterans assistance office must provide information
and assistance to veterans who are students or family members of students at the school
regarding the availability of state, federal, local, and private resources.
new text end
new text begin Subd. 4. new text end
new text begin Report. new text end
new text begin
Beginning January 15, 2007, and each year thereafter, the
steering committee established in subdivision 2 shall report to the chairs of the legislative
committees with jurisdiction over veterans affairs policy and finance and higher education
policy and finance regarding the implementation and effectiveness of the program
established in this section.
new text end
new text begin Subd. 5. new text end
new text begin Expiration. new text end
new text begin
This section expires on June 30, 2009.
new text end
Sec. 17. new text begin EFFECTIVE DATE.
new text end
new text begin
This article is effective the day following final enactment.
new text end
ARTICLE 18
HUMAN SERVICES FORECAST ADJUSTMENTS
Section 1. new text begin DEPARTMENT OF HUMAN SERVICES FORECAST ADJUSTMENT.
|
new text begin
The dollar amounts shown are added to or, if shown in parentheses, subtracted from,
the appropriations in Laws 2005, First Special Session chapter 4, and are appropriated
from the general fund, or any other fund named, to the Department of Human Services for
the purposes specified in this article, to be available for the fiscal year indicated for each
purpose. The figures "2006" and "2007" used in this article mean that the appropriation or
appropriations listed are available for the respective fiscal year ending June 30, 2006, or
June 30, 2007.
new text end
|
new text begin
SUMMARY BY FUND new text end |
||||||
|
new text begin
2006 new text end |
new text begin
2007 new text end |
|||||
|
new text begin
General Fund new text end |
new text begin
$ new text end |
new text begin
(58,333,000) new text end |
new text begin
$ new text end |
new text begin
(17,589,000) new text end |
||
|
new text begin
Health Care Access Fund new text end |
new text begin
(44,511,000) new text end |
new text begin
(62,360,000) new text end |
||||
|
new text begin
TANF new text end |
new text begin
(13,807,000) new text end |
new text begin
(3,866,000) new text end |
||||
|
new text begin
TOTAL new text end |
new text begin
$ new text end |
new text begin
(116,651,000) new text end |
new text begin
$ new text end |
new text begin
(83,815,000) new text end |
||
Sec. 2. new text begin COMMISSIONER OF HUMAN
|
||||||
new text begin Subdivision 1. new text end
new text begin
Total Appropriation
|
new text begin
$ new text end |
new text begin
(116,651,000) new text end |
new text begin
$ new text end |
new text begin
(83,815,000) new text end |
||
|
new text begin
Summary by Fund new text end |
||
|
new text begin
General new text end |
new text begin
(58,333,000) new text end |
new text begin
(17,589,000) new text end |
|
new text begin
Health Care Access new text end |
new text begin
(44,511,000) new text end |
new text begin
(62,360,000) new text end |
|
new text begin
TANF new text end |
new text begin
(13,807,000) new text end |
new text begin
(3,866,000) new text end |
new text begin Subd. 2. new text end
new text begin
Revenue and Pass-Through
|
||||||
|
new text begin
TANF new text end |
new text begin
(1,446,000) new text end |
new text begin
(1,177,000) new text end |
||||
new text begin Subd. 3. new text end
new text begin
Children and Economic Assistance
|
||||||
|
new text begin
General new text end |
new text begin
(4,469,000) new text end |
new text begin
1,785,000 new text end |
||||
|
new text begin
TANF new text end |
new text begin
(12,361,000) new text end |
new text begin
(2,689,000) new text end |
||||
new text begin
The amount that may be spent from this
appropriation for each purpose is as follows:
new text end
|
new text begin
(a) Minnesota Family Investment Program new text end |
||||||
|
new text begin
General new text end |
new text begin
6,048,000 new text end |
new text begin
(393,000) new text end |
||||
|
new text begin
TANF new text end |
new text begin
(12,361,000) new text end |
new text begin
(2,689,000) new text end |
||||
|
new text begin
(b) MFIP Child Care Assistance Grants new text end |
new text begin
(5,090,000) new text end |
new text begin
2,751,000 new text end |
||||
|
new text begin
(c) General Assistance new text end |
new text begin
2,540,000 new text end |
new text begin
3,947,000 new text end |
||||
|
new text begin
(d) Minnesota Supplemental Aid new text end |
new text begin
(285,000) new text end |
new text begin
551,000 new text end |
||||
|
new text begin
(e) Group Residential Housing new text end |
new text begin
(7,682,000) new text end |
new text begin
(5,071,000) new text end |
||||
new text begin Subd. 4. new text end
new text begin
Basic Health Care Grants
|
||||||
|
new text begin
General new text end |
new text begin
(19,022,000) new text end |
new text begin
10,499,000 new text end |
||||
|
new text begin
Health Care Access new text end |
new text begin
(44,511,000) new text end |
new text begin
(62,360,000) new text end |
||||
new text begin
The amount that may be spent from this
appropriation for each purpose is as follows:
new text end
|
new text begin
(a) MinnesotaCare new text end |
new text begin
(44,511,000) new text end |
new text begin
(62,360,000) new text end |
||||
new text begin
This appropriation is from the health care
access fund.
new text end
|
new text begin
(b) MA Basic Health Care - Families and Children new text end |
new text begin
(29,882,000) new text end |
new text begin
(54,401,000) new text end |
||||
|
new text begin
(c) MA Basic Health Care - Elderly and Disabled new text end |
new text begin
(2,857,000) new text end |
new text begin
33,179,000 new text end |
||||
|
new text begin
(d) General Assistance Medical Care new text end |
new text begin
13,717,000 new text end |
new text begin
31,721,000 new text end |
||||
new text begin Subd. 5. new text end
new text begin
Continuing Care Grants
|
new text begin
(34,842,000) new text end |
new text begin
(29,873,000) new text end |
||||
new text begin
The amount that may be spent from this
appropriation for each purpose is as follows:
new text end
|
new text begin
(a) MA Long-Term Care Waivers new text end |
new text begin
(23,368,000) new text end |
new text begin
(35,953,000) new text end |
||||
|
new text begin
(b) MA Long-Term Care Facilities new text end |
new text begin
(16,251,000) new text end |
new text begin
(5,202,000) new text end |
||||
|
new text begin
(c) Chemical Dependency Entitlement Grants new text end |
new text begin
4,777,000 new text end |
new text begin
11,282,000 new text end |
||||
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
ARTICLE 19
HEALTH DEPARTMENT
Section 1.
new text begin
[144.366] E-HEALTH RECORD GRANTS.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
The following definitions are used for the purposes
of this section.
new text end
new text begin
(a) "Eligible community e-health collaborative" means an existing or newly
established collaborative to support the adoption and use of interoperable electronic
health records. A collaborative must consist of at least three or more eligible health
care entities in at least two of the categories listed in paragraph (b) and have a focus on
interconnecting the members of the collaborative for secure and interoperable exchange of
health care information.
new text end
new text begin
(b) "Eligible health care entity" means one of the following:
new text end
new text begin
(1) community clinics, as defined under section 145.9268;
new text end
new text begin
(2) hospitals eligible for rural hospital capital improvement grants, as defined
in section 144.148;
new text end
new text begin
(3) physician clinics located in a community with a population of less than 50,000
according to United States Census Bureau statistics and outside the seven-county
metropolitan area;
new text end
new text begin
(4) nursing facilities licensed under sections 144A.01 to 144A.27;
new text end
new text begin
(5) community health boards as established under chapter 145A;
new text end
new text begin
(6) nonprofit entities with a purpose to provide health information exchange
coordination governed by a representative, multistakeholder board of directors; and
new text end
new text begin
(7) other providers of health or health care services approved by the commissioner
for which interoperable electronic health record capability would improve quality of
care, patient safety, or community health.
new text end
new text begin Subd. 2. new text end
new text begin Grants authorized. new text end
new text begin
The commissioner of health shall award grants to
eligible community e-health collaborative projects to improve the implementation and
use of interoperable electronic health records including, but not limited to, the following
projects:
new text end
new text begin
(1) collaborative efforts to host and support fully functional interoperable electronic
health records in multiple care settings;
new text end
new text begin
(2) electronic medication history and electronic patient registration information;
new text end
new text begin
(3) electronic personal health records for persons with chronic diseases and for
prevention services;
new text end
new text begin
(4) rural and underserved community models for electronic prescribing; and
new text end
new text begin
(5) enabling local public health systems to rapidly and electronically exchange
information needed to participate in community e-health collaboratives or for public
health emergency preparedness and response.
new text end
new text begin
Grant funds may not be used for construction of health care or other buildings or
facilities.
new text end
new text begin Subd. 3. new text end
new text begin Allocation of grants. new text end
new text begin
(a) To receive a grant under this section, an eligible
community e-health collaborative must submit an application to the commissioner of
health by the deadline established by the commissioner. A grant may be awarded upon the
signing of a grant contract. In awarding grants, the commissioner shall give preference to
projects benefiting providers located in rural and underserved areas of Minnesota which
the commissioner has determined have an unmet need for the development and funding
of electronic health records. Applicants may apply for and the commissioner may award
grants for one-year, two-year, or three-year periods.
new text end
new text begin
(b) An application must be on a form and contain information as specified by the
commissioner, but at a minimum must contain:
new text end
new text begin
(1) a description of the purpose or project for which grant funds will be used;
new text end
new text begin
(2) a description of the problem or problems the grant funds will be used to address,
including an assessment likelihood of the project occurring absent grant funding;
new text end
new text begin
(3) a description of achievable objectives; a workplan; a budget and budget
narrative; a project communications plan; a timeline for implementation and completion
of processes or projects enabled by the grant; and an assessment of privacy and security
issues, and a proposed approach to address these issues;
new text end
new text begin
(4) a description of the health care entities and other groups participating in the
project, including identification of the lead entity responsible for applying for and
receiving grant funds;
new text end
new text begin
(5) a plan for how patients and consumers will be involved in development of
policies and procedures related to the access to and interchange of information;
new text end
new text begin
(6) evidence of consensus and commitment among the health care entities and others
who developed the proposal and are responsible for its implementation; and
new text end
new text begin
(7) a plan for documenting and evaluating results of the grant.
new text end
new text begin
(c) The commissioner shall review each application to determine whether the
application is complete and whether the applicant and the project are eligible for a
grant. In evaluating applications, the commissioner shall take into consideration factors
including, but not limited to, the following:
new text end
new text begin
(1) the degree to which the proposal interconnects the various providers of care
in the applicant's geographic community;
new text end
new text begin
(2) the degree to which the project provides for the interoperability of electronic
health records or related health information technology between the members of the
collaborative, and the presence and scope of a description of how the project intends to
interconnect with other providers not part of the project in the future;
new text end
new text begin
(3) the degree to which the project addresses current unmet needs pertaining
to interoperable electronic health records in a geographic area of Minnesota and the
likelihood that the needs would not be met absent grant funds;
new text end
new text begin
(4) the applicant's thoroughness and clarity in describing the project; how the project
will improve patient safety, quality of care, and consumer empowerment; and the role of
the various collaborative members;
new text end
new text begin
(5) the recommendations of the Health Information and Technology Infrastructure
Advisory Committee; and
new text end
new text begin
(6) other factors that the commissioner deems relevant.
new text end
new text begin
(d) Grant funds shall be awarded on a three-to-one match basis. Applicants shall
be required to provide $1 in the form of cash or in-kind staff or services for each $3
provided under the grant program.
new text end
new text begin
(e) Grants shall not exceed $900,000 per grant. The commissioner has discretion
over the size and number of grants awarded.
new text end
new text begin Subd. 4. new text end
new text begin Evaluation and report. new text end
new text begin
The commissioner of health shall evaluate the
overall effectiveness of the grant program. The commissioner shall collect progress
and expenditure reports to evaluate the grant program from the eligible community
collaboratives receiving grants. Every two years, as part of the evaluation, the
commissioner shall, in coordination with the Health Information Technology and
Infrastructure Advisory Committee, report to the legislature on the needs of the community
and provide any recommendations for adding or changing eligible activities.
new text end
Sec. 2.
Minnesota Statutes 2005 Supplement, section 144.551, subdivision 1, is
amended to read:
Subdivision 1.
Restricted construction or modification.
(a) The following
construction or modification may not be commenced:
(1) any erection, building, alteration, reconstruction, modernization, improvement,
extension, lease, or other acquisition by or on behalf of a hospital that increases the bed
capacity of a hospital, relocates hospital beds from one physical facility, complex, or site
to another, or otherwise results in an increase or redistribution of hospital beds within
the state; and
(2) the establishment of a new hospital.
(b) This section does not apply to:
(1) construction or relocation within a county by a hospital, clinic, or other health
care facility that is a national referral center engaged in substantial programs of patient
care, medical research, and medical education meeting state and national needs that
receives more than 40 percent of its patients from outside the state of Minnesota;
(2) a project for construction or modification for which a health care facility held
an approved certificate of need on May 1, 1984, regardless of the date of expiration of
the certificate;
(3) a project for which a certificate of need was denied before July 1, 1990, if a
timely appeal results in an order reversing the denial;
(4) a project exempted from certificate of need requirements by Laws 1981, chapter
200, section 2;
(5) a project involving consolidation of pediatric specialty hospital services within
the Minneapolis-St. Paul metropolitan area that would not result in a net increase in the
number of pediatric specialty hospital beds among the hospitals being consolidated;
(6) a project involving the temporary relocation of pediatric-orthopedic hospital
beds to an existing licensed hospital that will allow for the reconstruction of a new
philanthropic, pediatric-orthopedic hospital on an existing site and that will not result in a
net increase in the number of hospital beds. Upon completion of the reconstruction,
the licenses of both hospitals must be reinstated at the capacity that existed on each site
before the relocation;
(7) the relocation or redistribution of hospital beds within a hospital building or
identifiable complex of buildings provided the relocation or redistribution does not result
in: (i) an increase in the overall bed capacity at that site; (ii) relocation of hospital beds
from one physical site or complex to another; or (iii) redistribution of hospital beds within
the state or a region of the state;
(8) relocation or redistribution of hospital beds within a hospital corporate system
that involves the transfer of beds from a closed facility site or complex to an existing site
or complex provided that: (i) no more than 50 percent of the capacity of the closed facility
is transferred; (ii) the capacity of the site or complex to which the beds are transferred
does not increase by more than 50 percent; (iii) the beds are not transferred outside of a
federal health systems agency boundary in place on July 1, 1983; and (iv) the relocation or
redistribution does not involve the construction of a new hospital building;
(9) a construction project involving up to 35 new beds in a psychiatric hospital in
Rice County that primarily serves adolescents and that receives more than 70 percent of its
patients from outside the state of Minnesota;
(10) a project to replace a hospital or hospitals with a combined licensed capacity
of 130 beds or less if: (i) the new hospital site is located within five miles of the current
site; and (ii) the total licensed capacity of the replacement hospital, either at the time of
construction of the initial building or as the result of future expansion, will not exceed 70
licensed hospital beds, or the combined licensed capacity of the hospitals, whichever is
less;
(11) the relocation of licensed hospital beds from an existing state facility operated
by the commissioner of human services to a new or existing facility, building, or complex
operated by the commissioner of human services; from one regional treatment center
site to another; or from one building or site to a new or existing building or site on the
same campus;
(12) the construction or relocation of hospital beds operated by a hospital having a
statutory obligation to provide hospital and medical services for the indigent that does not
result in a net increase in the number of hospital beds, notwithstanding section 144.552, 27
beds, of which 12 serve mental health needs, may be transferred from Hennepin County
Medical Center to Regions Hospital under this clause;
(13) a construction project involving the addition of up to 31 new beds in an existing
nonfederal hospital in Beltrami County;
(14) a construction project involving the addition of up to eight new beds in an
existing nonfederal hospital in Otter Tail County with 100 licensed acute care beds;
(15) a construction project involving the addition of 20 new hospital beds
used for rehabilitation services in an existing hospital in Carver County serving the
southwest suburban metropolitan area. Beds constructed under this clause shall not be
eligible for reimbursement under medical assistance, general assistance medical care,
or MinnesotaCare;
(16) a project for the construction or relocation of up to 20 hospital beds for the
operation of up to two psychiatric facilities or units for children provided that the operation
of the facilities or units have received the approval of the commissioner of human services;
(17) a project involving the addition of 14 new hospital beds to be used for
rehabilitation services in an existing hospital in Itasca County;
(18) a project to add 20 licensed beds in existing space at a hospital in Hennepin
County that closed 20 rehabilitation beds in 2002, provided that the beds are used only
for rehabilitation in the hospital's current rehabilitation building. If the beds are used for
another purpose or moved to another location, the hospital's licensed capacity is reduced
by 20 beds; deleted text begin or
deleted text end
(19) a critical access hospital established under section 144.1483, clause (9), and
section 1820 of the federal Social Security Act, United States Code, title 42, section
1395i-4, that delicensed beds since enactment of the Balanced Budget Act of 1997, Public
Law 105-33, to the extent that the critical access hospital does not seek to exceed the
maximum number of beds permitted such hospital under federal lawdeleted text begin .deleted text end new text begin ;
new text end
new text begin
(20) a project for the construction of a hospital with up to 25 beds in Cass County
within a 20-mile radius of the state Ah-Gwah-Ching facility, provided the hospital's
license holder is approved by the Cass County Board; or
new text end
new text begin
(21) a project approved under section 144.553.
new text end
Sec. 3.
Minnesota Statutes 2004, section 144.552, is amended to read:
144.552 PUBLIC INTEREST REVIEW.
(a) new text begin The following entities must submit a plan to the commissioner:
new text end
new text begin (1) new text end a hospital seeking to increase its number of licensed bedsnew text begin ;new text end or
new text begin (2) new text end an organization seeking to obtain a hospital license deleted text begin must submit a plan to
the commissioner of healthdeleted text end new text begin and notified by the commissioner under section 144.553,
subdivision 1, paragraph (c), that it is subject to this sectionnew text end .
The plan must include information that includes an explanation of how the expansion will
meet the public's interest. When submitting a plan to the commissioner, an applicant shall
pay the commissioner for the commissioner's cost of reviewing the plan, as determined
by the commissioner and notwithstanding section 16A.1283. Money received by the
commissioner under this section is appropriated to the commissioner for the purpose of
administering this section.
(b) Plans submitted under this section shall include detailed information necessary
for the commissioner to review the plan and reach a finding. The commissioner may
request additional information from the hospital submitting a plan under this section and
from others affected by the plan that the commissioner deems necessary to review the
plan and make a finding.
(c) The commissioner shall review the plan and, within 90 days, but no more than
six months if extenuating circumstances apply, issue a finding on whether the plan is in
the public interest. In making the recommendation, the commissioner shall consider
issues including but not limited to:
(1) whether the new hospital or hospital beds are needed to provide timely access to
care or access to new or improved services;
(2) the financial impact of the new hospital or hospital beds on existing acute-care
hospitals that have emergency departments in the region;
(3) how the new hospital or hospital beds will affect the ability of existing hospitals
in the region to maintain existing staff;
(4) the extent to which the new hospital or hospital beds will provide services to
nonpaying or low-income patients relative to the level of services provided to these groups
by existing hospitals in the region; and
(5) the views of affected parties.
new text begin
Prior to making a recommendation, the commissioner shall conduct a public hearing in the
affected hospital service area to take testimony from interested persons.
new text end
(d) Upon making a recommendation under paragraph (c), the commissioner shall
provide a copy of the recommendation to the chairs of the house and senate committees
having jurisdiction over health and human services policy and finance.
Sec. 4.
new text begin
[144.553] ALTERNATIVE APPROVAL PROCESS FOR NEW
HOSPITAL CONSTRUCTION.
new text end
new text begin new text end
new text begin Subdivision 1. new text end
new text begin
Letter of intent; publication; acceptance of additional proposals.
new text end
new text begin
(a) An organization seeking to obtain a hospital license must submit a letter of intent to the
commissioner, specifying the community in which the proposed hospital would be located
and the number of beds proposed for the new hospital. When multiple letters of intent are
received, the commissioner shall determine whether they constitute requests for separate
projects or are competing proposals to serve the same or a similar service area.
new text end
new text begin
(b) Upon receipt of a letter under paragraph (a), the commissioner shall publish a
notice in the State Register that includes the information received from the organization
under paragraph (a). The notice must state that another organization interested in seeking
a hospital license to serve the same or a similar service area must notify the commissioner
within 30 days.
new text end
new text begin
(c) If no responses are received from additional organizations under paragraph (b),
the commissioner shall notify the entity seeking a license that it is required to submit a
plan under section 144.552 and shall notify the chairs of the house of representatives and
senate committees having jurisdiction over health and human services policy and finance
that the project is subject to sections 144.551 and 144.552.
new text end
new text begin Subd. 2. new text end
new text begin Needs assessment. new text end
new text begin
(a) If one or more responses are received by the
commissioner under subdivision 1, paragraph (b), the commissioner shall within 90 days
complete a needs assessment to determine if a new hospital is needed in the proposed
service area.
new text end
new text begin
(b) The organizations that have filed or responded to a letter of intent under
subdivision 1 shall provide to the commissioner, within 30 days of a request from the
commissioner, a statement justifying the need for a new hospital in the service area and
sufficient information, as determined by the commissioner, to allow the commissioner to
determine the need for a new hospital. The information may include, but is not limited
to, a demographic analysis of the proposed service area, the number of proposed beds,
the types of hospital services to be provided, and distances and travel times to existing
hospitals currently providing services in the service area.
new text end
new text begin
(c) The commissioner shall make a determination of need for the new hospital. If
the commissioner determines that a new hospital in the service area is not justified, the
commissioner shall notify the applicants in writing, stating the reasons for the decision.
new text end
new text begin Subd. 3. new text end
new text begin Process when hospital need is determined. new text end
new text begin
(a) If the commissioner
determines that a new hospital is needed in the proposed service area, the commissioner
shall notify the applicants of that finding and shall select the applicant determined under
the process established in this subdivision to be best able to provide services consistent
with the review criteria established in this subdivision.
new text end
new text begin
(b) The commissioner shall:
new text end
new text begin
(1) determine market-specific criteria that shall be used to evaluate all proposals.
The criteria must include standards regarding:
new text end
new text begin
(i) access to care;
new text end
new text begin
(ii) quality of care;
new text end
new text begin
(iii) cost of care; and
new text end
new text begin
(iv) overall project feasibility;
new text end
new text begin
(2) establish additional criteria at the commissioner's discretion. In establishing the
criteria, the commissioner shall consider the need for:
new text end
new text begin
(i) mental health services in the service area, including both inpatient and outpatient
services for adults, adolescents, and children;
new text end
new text begin
(ii) a significant commitment to providing uncompensated care, including discounts
for uninsured patients and coordination with other providers of care to low-income
uninsured persons; and
new text end
new text begin
(iii) coordination with other hospitals so that specialized services are not
unnecessarily duplicated and are provided in sufficient volume to ensure the maintenance
of high-quality care. The criteria determined under this paragraph shall constitute the sole
criteria under which the competing proposals shall be evaluated; and
new text end
new text begin
(3) define a service area for the proposed hospital. The service area shall consist of:
new text end
new text begin
(i) in the 11-county metropolitan area, in St. Cloud, and in Duluth, the zip codes
located within a 20-mile radius of the proposed new hospital location; and
new text end
new text begin
(ii) in the remainder of the state, the zip codes within a 30-mile radius of the
proposed new hospital location.
new text end
new text begin
(c) The commissioner shall publish the criteria determined under paragraph (b) in the
State Register within 60 days of the determination under subdivision 2. Once published,
the criteria shall not be modified with respect to the particular project and applicants
to which they apply. The commissioner shall publish with the criteria guidelines for a
proposal and submission review process.
new text end
new text begin
(d) For 60 days after the publication under paragraph (c), the commissioner shall
accept proposals to construct a hospital from organizations that have submitted a letter
of intent under subdivision 1, paragraph (a), or have notified the commissioner under
subdivision 1, paragraph (b). The proposal must include a plan for the new hospital and
evidence of compliance with the criteria specified under paragraph (b). Once submitted,
the proposal may not be revised except:
new text end
new text begin
(1) to submit corrections of material facts; or
new text end
new text begin
(2) in response to a request from the commissioner to provide clarification or
further information.
new text end
new text begin
(e) Within 90 days of the deadline for applications under paragraph (d), the
commissioner shall determine which applicant has demonstrated that it is best able to
provide services consistent with the published criteria. The commissioner shall make the
determination by order following a hearing according to this paragraph. The hearing
shall not constitute or be considered to be a contested case hearing under chapter 14 and
shall be conducted solely under the procedures specified in this paragraph. The hearing
shall commence upon at least 30 days' notice to the applicants by the commissioner.
The hearing may be conducted by the commissioner or by a person designated by the
commissioner. The designee may be an administrative law judge. The purpose of the
hearing shall be to receive evidence to assist the commissioner in determining which
applicant has demonstrated that it best meets the published criteria.
new text end
new text begin
The parties to the hearing shall consist only of those applicants who have submitted
a completed application. Each applicant shall have the right to be represented by
counsel, to present evidence deemed relevant by the commissioner, and to examine and
cross-examine witnesses. Persons who are not parties to the proceeding but who wish
to present comments or submit information may do so in the manner determined by
the commissioner or the commissioner's designee. A person who is not a party to the
hearing shall have no right to examine or cross-examine witnesses. The commissioner
may participate as an active finder of fact in the hearing and may ask questions to elicit
information or clarify answers or responses.
new text end
new text begin
(f) Prior to making a determination selecting an application, the commissioner shall
hold a public hearing in the proposed hospital service area to accept comments from
members of the public. The commissioner shall take this information into consideration in
making the determination. The commissioner must also consider the input and preferences
of legislators and local elected officials who represent the service area regarding the
selection of the hospital provider. Following the closing of the record of the hearing as
determined by the hearing officer, the commissioner shall issue an order selecting an
application. The commissioner's order shall include a statement of the reasons the selected
application best meets the published criteria.
new text end
new text begin
(g) Following the determination under paragraph (e), the commissioner shall
recommend the selected proposal to the legislature on or before March 1 in an
odd-numbered year and within 15 days of the first day of the regular session in
an even-numbered year to be accepted or rejected. Legislative acceptance of the
commissioner's recommendation constitutes approval of the proposal under section
144.551. Legislative rejection of the recommendation concludes the process but does not
prohibit a new application under this section and section 144.552.
new text end
new text begin
(h) In the event of legislative failure to act on the recommendation made under this
subdivision, upon the conclusion of the legislative session the commissioner shall make
the commissioner's recommendation the final approval of the project. The commissioner's
decision to grant final approval to the commissioner's recommendation constitutes
approval of the proposal under section 144.551.
new text end
new text begin
(i) For purposes of this subdivision, "legislative acceptance" means the
recommended project is approved by law; "legislative rejection" means the recommended
project is rejected by law; and "legislative failure to act" means any other action or lack of
action taken by the legislature.
new text end
new text begin Subd. 4. new text end
new text begin Payment of commissioner's expenses. new text end
new text begin
Notwithstanding section
16A.1283, applicants who are a party at any stage of the administrative process established
in this section shall pay the cost of that stage of the process, as determined by the
commissioner. The cost of the needs assessment, criteria development, and hearing shall
be divided equally among the applicants. Money received by the commissioner under
this subdivision is appropriated to the commissioner for the purpose of administering
this section.
new text end
Sec. 5.
new text begin
[144.90] STATE-LEVEL METHAMPHETAMINE COORDINATOR.
new text end
new text begin Subdivision 1. new text end
new text begin Establishment; purpose; appointment. new text end
new text begin
A state-level,
statewide methamphetamine coordinator is created in the Department of Health. The
methamphetamine coordinator shall coordinate Minnesota's efforts to reduce the incidence
of methamphetamine addiction and related consequences by working with various state
agencies, local units of government, law enforcement, courts, the chemical dependency
treatment community, the federal government, other states, and other interested individuals
and parties in order to coordinate the state's resources to provide and oversee education,
research, and training related to methamphetamine. To the extent possible, the coordinator
must coordinate efforts with tribal governments. The coordinator shall be appointed by
the governor.
new text end
new text begin Subd. 2. new text end
new text begin Duties. new text end
new text begin
The duties of the methamphetamine coordinator include, but
are not limited to:
new text end
new text begin
(1) providing health-based information and safety training materials to law
enforcement, first responders, and others exposed to methamphetamine use and
manufacturing;
new text end
new text begin
(2) promoting and tracking first responder training provided by the Minnesota Bureau
of Criminal Apprehension, the United States Drug Enforcement Agency, and others;
new text end
new text begin
(3) providing train-the-trainer materials for state and local agencies and community
groups working to respond to methamphetamine problems in their communities;
new text end
new text begin
(4) serving as a clearinghouse for information and materials on all aspects
of methamphetamine response, including treatment and treatment providers, law
enforcement, corrections and drug courts, education, prevention, children's issues, staff
training and safety, and K-12 curricula;
new text end
new text begin
(5) tracking of grant and other funding opportunities available to Minnesota
agencies, organizations, and communities;
new text end
new text begin
(6) coordinating media-based prevention opportunities, including methamphetamine
and other antidrug materials available for use by local communities;
new text end
new text begin
(7) establishing a speaker's bureau of experts on methamphetamine and other
addictions;
new text end
new text begin
(8) fielding methamphetamine-related calls;
new text end
new text begin
(9) maintaining current knowledge and understanding of methamphetamine-related
research in the areas of remediation, children's health, health of users, best prevention
and treatment practices, and other issues;
new text end
new text begin
(10) tracking trends in use, manufacturing, incidence of methamphetamine labs
and seizures, costs, incarcerations, and child involvement nationwide and for Minnesota
specifically;
new text end
new text begin
(11) making recommendations to the legislature for methamphetamine policy
changes and funding;
new text end
new text begin
(12) serving as coordinator or point-of-contact for a Minnesota drug endangered
children's alliance; and
new text end
new text begin
(13) coordinating prevention information efforts related to methamphetamine with
the Minnesota Prevention Resource Center.
new text end
new text begin Subd. 3. new text end
new text begin Toll-free telephone number. new text end
new text begin
The coordinator shall establish a toll-free
telephone number during business hours for providing information and counseling on
methamphetamine use and addiction.
new text end
new text begin Subd. 4. new text end
new text begin Annual report. new text end
new text begin
The methamphetamine coordinator shall submit to the
legislature an annual report by January 15 of each year beginning January 15, 2008,
summarizing goals that have been established and met, and plans for the upcoming year.
new text end
new text begin Subd. 5. new text end
new text begin Office space. new text end
new text begin
The commissioner of health shall provide the coordinator
with adequate office space and administrative services.
new text end
Sec. 6.
Minnesota Statutes 2004, section 144.9501, subdivision 1, is amended to read:
Sec. 7.
Minnesota Statutes 2004, section 144.9501, subdivision 2, is amended to read:
Sec. 8.
Minnesota Statutes 2004, section 144.9501, is amended by adding a subdivision
to read:
new text begin Subd. 9a. new text end
new text begin Eligible organization. new text end
new text begin
"Eligible organization" means a city, board of
health, community health department, community action agency, nonprofit organization,
or community development corporation.
new text end
Sec. 9.
Minnesota Statutes 2004, section 144.9503, subdivision 3, is amended to read:
Subd. 3.
Primary prevention lead education strategy.
The commissioner of
health shall develop and maintain a primary prevention lead education strategy to prevent
lead exposure. The strategy includes:
(1) lead education materials that describe the health effects of lead exposure, safety
measures, and methods to be used in the lead hazard reduction process;
(2) providing lead education materials to the general publicnew text begin including, but not
limited to, information on the dangers and hazards of jewelry containing leadnew text end ;
(3) providing lead education materials to property owners, landlords, and tenants
by swab team workers and public health professionals, such as nurses, sanitarians,
health educators, nonprofit organizations working on lead issues, and other public health
professionals in areas at high risk for toxic lead exposure; and
(4) promoting awareness of community, legal, and housing resources.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 10.
Minnesota Statutes 2004, section 144.9507, is amended by adding a
subdivision to read:
new text begin Subd. 6. new text end
new text begin Medical assistance. new text end
new text begin
Medical assistance reimbursement for lead risk
assessment services under section 256B.0625, subdivision 49, shall not be used to replace
or decrease existing state or local funding for lead services and lead-related activities.
new text end
Sec. 11.
new text begin
[144.9512] LEAD ABATEMENT PROGRAM.
new text end
new text begin Subdivision 1. new text end
new text begin Grants; administration. new text end
new text begin
Within the limits of the available
appropriation, the commissioner may make grants to eligible organizations to train
workers to provide swab team services for residential property. Grants may be awarded to
eligible organizations to provide technical assistance and training to ensure quality and
consistency within the statewide program.
new text end
new text begin Subd. 2. new text end
new text begin Applicants. new text end
new text begin
(a) Interested eligible organizations may apply to the
commissioner for grants under this section. Two or more eligible organizations may
jointly apply for a grant. Priority shall be given to community action agencies in greater
Minnesota and to either community action agencies or neighborhood-based nonprofit
organizations in cities of the first class. Of the total annual appropriation, 12.5 percent may
be used for administrative purposes. The commissioner may deviate from this percentage
if a grantee can justify the need for a larger administrative allowance. Of this amount,
up to five percent may be used by the commissioner for state administrative purposes.
Applications must provide information requested by the commissioner, including at least
the information required to assess the factors listed in paragraph (d).
new text end
new text begin
(b) The commissioner must consult with boards of health to provide swab team
services for purposes of secondary prevention. The priority for swab teams created
by grants to eligible organizations under this section must be work assigned by the
commissioner, or by a board of health if so designated by the commissioner, to provide
secondary prevention swab team services to fulfill the requirements of section 144.9504,
subdivision 6, in response to a lead order. Swab teams assigned work under this section
by the commissioner, that are not engaged daily in fulfilling the requirements of section
144.9504, subdivision 6, must deliver swab team services in response to elevated blood
lead levels as defined in section 144.9501, subdivision 9, where lead orders were not
issued, and for purposes of primary prevention in census tracts known to be in areas at
high risk for toxic lead exposure as described in section 144.9503, subdivision 2.
new text end
new text begin
(c) Any additional money must be used for grants to establish swab teams for
primary prevention under section 144.9503 in census tracts in areas at high risk for toxic
lead exposure as determined under section 144.9503, subdivision 2.
new text end
new text begin
(d) In evaluating grant applications, the commissioner must consider the following
criteria:
new text end
new text begin
(1) plans for the provision of swab team services for primary and secondary
prevention;
new text end
new text begin
(2) plans for resident and property owner education on lead safety;
new text end
new text begin
(3) measures of program effectiveness;
new text end
new text begin
(4) coordination of program activities with other federal, state, and local public
health and housing renovation programs; and
new text end
new text begin
(5) prior experience in providing swab team services.
new text end
new text begin Subd. 3. new text end
new text begin Eligible grant activities. new text end
new text begin
An eligible organization receiving a grant
under this section must ensure that all participating lead supervisors or certified firms are
licensed and that all swab team workers are certified by the Department of Health under
section 144.9505. Eligible organizations may participate in the program by:
new text end
new text begin
(1) providing on-the-job training for swab team workers;
new text end
new text begin
(2) providing swab team services to meet the requirements of sections 144.9503,
subdivision 4, and 144.9504, subdivision 6;
new text end
new text begin
(3) providing lead hazard reduction to meet the requirements of section 144.9501,
subdivision 17;
new text end
new text begin
(4) providing lead dust cleanup equipment and materials, as described in section
144.9503, subdivision 1, to residents; or
new text end
new text begin
(5) having a swab team worker instruct residents and property owners on appropriate
lead control techniques, including the lead-safe directives developed by the commissioner.
new text end
new text begin Subd. 4. new text end
new text begin Swab team workers. new text end
new text begin
Each worker engaged in swab team services
established under this section must have blood lead concentrations below 15 micrograms
of lead per deciliter of whole blood as determined by a baseline blood lead screening. Any
organization receiving a grant under this section is responsible for lead screening and must
ensure that all swab team workers meet the standards established in this subdivision.
Grantees must use appropriate workplace procedures including following the lead-safe
directives developed by the commissioner to reduce risk of elevated blood lead levels.
Grantees and participating contractors must report all employee blood lead levels that
exceed 15 micrograms of lead per deciliter of whole blood to the commissioner.
new text end
new text begin Subd. 5. new text end
new text begin Program benefits. new text end
new text begin
As a condition of providing swab team services under
this section, an organization may require a property owner to not increase rents on a
property solely as a result of a substantial improvement made with public funds under the
programs in this section.
new text end
new text begin Subd. 6. new text end
new text begin Requirements of organizations receiving grants. new text end
new text begin
An eligible
organization that is awarded a grant under this section must prepare and submit a quarterly
progress report to the commissioner beginning three months after receipt of the grant.
new text end
Sec. 12.
new text begin
[144.995] HEALTHY MINNESOTAN'S BIOMONITORING
PROGRAM.
new text end
new text begin Subdivision 1. new text end
new text begin Citation. new text end
new text begin
Sections 144.995 to 144.999 may be cited as the healthy
Minnesotan's biomonitoring program.
new text end
new text begin Subd. 2. new text end
new text begin Definitions. new text end
new text begin
(a) For purposes of sections 144.995 to 144.999, the
definitions in paragraphs (b) to (f) have the meanings given.
new text end
new text begin
(b) "Biomonitoring" means the process by which the presence and concentration
of toxic chemicals and their metabolites are identified within a biospecimen as a means
to assess the accumulation of pollutants in a human body.
new text end
new text begin
(c) "Biospecimen" means a sample of human blood, hair, urine, breast milk, body
fat, or other body tissue or any other biophysical substance that is reasonably available as
a medium to measure the presence and concentration of toxic chemicals.
new text end
new text begin
(d) "Commissioner" means the commissioner of health.
new text end
new text begin
(e) "Panel" means the Healthy Minnesotan's Biomonitoring Program Advisory
Panel established under section 144.996.
new text end
new text begin
(f) "Toxic chemical" means a chemical:
new text end
new text begin
(1) for which data provided by scientific, peer-reviewed animal, cell, or human
studies have demonstrated the chemical is known or strongly suspected to negatively
impact human health by contributing to an increase in serious illness or mortality; and
new text end
new text begin
(2) that has been identified according to section 144.997.
new text end
new text begin Subd. 3. new text end
new text begin Establishment; duties. new text end
new text begin
(a) The commissioner shall establish the healthy
Minnesotan's biomonitoring program. The program shall provide community-based
biomonitoring on a strictly voluntary and confidential basis by utilizing biospecimens, as
appropriate, to identify toxic chemicals that may be present in the environment.
new text end
new text begin
(b) Initially, to the extent that funds are available, the program shall examine breast
milk in three economically, racially, and geographically diverse communities and identify
any toxic chemical that is present in the breast milk. The commissioner shall expand
the program, to the extent that funds are available, by examining other biospecimens in
additional communities.
new text end
new text begin
(c) When a toxic chemical is detected in a program participant, the commissioner, in
consultation with the commissioners of agriculture, natural resources, and the Pollution
Control Agency, and other public or private entities, as appropriate, shall examine the
possible presence of the toxic chemical in the surrounding environment and possible
routes of exposure and disease outcomes and shall develop recommendations to reduce or
minimize possible contamination or exposure to the toxic chemical.
new text end
new text begin Subd. 4. new text end
new text begin Participation. new text end
new text begin
(a) Participation in the biomonitoring program is voluntary.
All participants shall be evaluated for the presence of toxic chemicals as a component of
the biomonitoring process. Participants shall receive consultation, health care referrals,
and follow-up counseling and shall be offered educational materials including, but not
limited to, information regarding possible routes of exposure, ways to reduce exposure,
and the availability of state and local resources.
new text end
new text begin
(b) Data collected under the biomonitoring program are health data for purposes of
section 13.3805 and shall not be made public without the written and informed consent of
the individual to whom it pertains.
new text end
new text begin Subd. 5. new text end
new text begin Program guidelines. new text end
new text begin
(a) The commissioner, in consultation with the
panel, shall develop:
new text end
new text begin
(1) model protocols or program guidelines that address the science and practice of
biomonitoring to be utilized and procedures for changing those protocols to incorporate
new and more accurate or efficient technologies as they become available. The model
protocols shall be developed utilizing a peer review process in a manner that is
participatory and community-based in design, implementation, and evaluation;
new text end
new text begin
(2) guidelines for ensuring confidentiality; informed consent; follow-up counseling
and support; and communicating findings to participants, communities, and the general
public;
new text end
new text begin
(3) educational and outreach materials that are culturally appropriate for
dissemination to program participants and communities. Priority shall be given to the
development of materials specifically designed to ensure that parents are informed about
all of the benefits of breastfeeding so that the program does not result in an unjustified fear
of toxins in breast milk, which might inadvertently lead parents to avoid breastfeeding.
The materials shall communicate relevant scientific findings; data on the accumulation of
pollutants; possible routes of exposure; population-based health effects and toxicity; the
benefits of linking the accumulation of pollutants to community health; and the required
responses by local, state, and other governmental entities in regulating toxicant exposures;
new text end
new text begin
(4) a training program that is culturally sensitive specifically for health care
providers, health educators, and other program administrators; and
new text end
new text begin
(5) a designation process for state and private laboratories that are qualified to
analyze biospecimens and report the findings.
new text end
new text begin
(b) The commissioner may enter into contractual agreements with health clinics,
community-based organizations, or experts in a particular field to perform any of the
activities described under this subdivision.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006, or upon receiving
sufficient nonstate funds to implement the healthy Minnesotan's biomonitoring program,
whichever is later. In the event that nonstate funds are not secured by the commissioner
of health to adequately fund the implementation of the program, the commissioner is
not required to implement Minnesota Statutes, section 144.995, without subsequent
appropriation from the legislature.
new text end
Sec. 13.
new text begin
[144.996] HEALTHY MINNESOTAN'S BIOMONITORING PROGRAM
ADVISORY PANEL.
new text end
new text begin Subdivision 1. new text end
new text begin Creation. new text end
new text begin
(a) The commissioner shall establish the Healthy
Minnesotan's Biomonitoring Program Advisory Panel. The panel shall be composed of
two committees, the scientific committee and the community representative committee,
with a membership of eight voting members on each committee. The community
representative committee shall also include nonvoting members appointed according
to subdivision 2, paragraph (d).
new text end
new text begin
(b) The commissioner shall appoint, from the panel's membership, the chair of each
of the committees, who shall also serve as cochairs of the panel.
new text end
new text begin
(c) The panel shall meet as often as it deems necessary, but at a minimum on a
quarterly basis.
new text end
new text begin
(d) Members of the panel and the committees shall serve without compensation but
shall be reimbursed for travel and other necessary expenses incurred through performance
of their duties under sections 144.995 to 144.997.
new text end
new text begin Subd. 2. new text end
new text begin Membership. new text end
new text begin
(a) Eight of the voting members shall be appointed by
the commissioner, four of the voting members shall be appointed under the rules of the
senate, and four of the voting members shall be appointed under the rules of the house of
representatives. Nonvoting members shall be appointed by the commissioner according
to paragraph (d). All members shall be appointed to the panel by July 1, 2006. Each
voting member shall be appointed for a three-year term. All appointments made by the
commissioner shall be approved by the governor.
new text end
new text begin
(b) The scientific committee shall be composed of eight members with background
or training in interpreting biomonitoring studies or in related fields or science including,
but not limited to, the fields of health tracking, social science, laboratory science,
occupational health, industrial hygiene, toxicology, epidemiology, environmental health,
environmental hazards, and public health.
new text end
new text begin
(c) The community representative committee shall be composed of eight members
from the following nongovernmental organizations:
new text end
new text begin
(1) one member from a breast cancer awareness organization;
new text end
new text begin
(2) one member from an organization with a focus on environmental health;
new text end
new text begin
(3) one member from an organization with a focus on environmental justice;
new text end
new text begin
(4) one member from an organization with a focus on child environmental health;
new text end
new text begin
(5) one member from an organization promoting breastfeeding;
new text end
new text begin
(6) one member from a labor organization;
new text end
new text begin
(7) one member from private industry with a verifiable and consistent commitment
to sustainable core business practices that reduce environmental toxins; and
new text end
new text begin
(8) one member from a public health organization.
new text end
new text begin
(d) The commissioner shall appoint the following additional nonvoting members to
the community representative committee:
new text end
new text begin
(1) one representative from the Maternal and Child Health Division of the
Department of Health; and
new text end
new text begin
(2) one member from each participating community.
new text end
new text begin
Members appointed under this paragraph may be reappointed at any time and are not
subject to the three-year term.
new text end
new text begin Subd. 3. new text end
new text begin Committee duties. new text end
new text begin
(a) The scientific committee shall make
recommendations to the panel on:
new text end
new text begin
(1) chemicals that should be added to or deleted from the list of chemicals identified
under section 144.997;
new text end
new text begin
(2) priorities for biomonitoring in Minnesota;
new text end
new text begin
(3) the adequacy and appropriate interpretation of biomonitoring investigations
carried out under the program; and
new text end
new text begin
(4) collecting and analyzing data, including the tracking of diseases for which there
is scientific evidence of an environmental etiology.
new text end
new text begin
(b) The community representative committee shall make recommendations to the
panel on:
new text end
new text begin
(1) study sites or communities for the program;
new text end
new text begin
(2) identifying possible community partners;
new text end
new text begin
(3) training programs and educational and outreach materials; and
new text end
new text begin
(4) dissemination of findings to biomonitoring program participants and to the
general public.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006, or upon receiving
sufficient nonstate funds to implement the healthy Minnesotan's biomonitoring program,
whichever is later. In the event that nonstate funds are not secured by the commissioner
of health to adequately fund the implementation of the program, the commissioner is
not required to implement Minnesota Statutes, section 144.996, without subsequent
appropriation from the legislature.
new text end
Sec. 14.
new text begin
[144.997] TOXIC CHEMICALS.
new text end
new text begin Subdivision 1. new text end
new text begin Identification. new text end
new text begin
The commissioner shall identify and list toxic
chemicals that shall be included within the scope of the healthy Minnesotan's
biomonitoring program. To be included on the list, all of the following criteria must be
met:
new text end
new text begin
(1) the chemical is recommended for inclusion by the scientific committee under
section 144.996;
new text end
new text begin
(2) the scientific, peer-reviewed data from animal, cell, or human studies have
demonstrated the chemical is known or strongly suspected to negatively impact human
health by contributing to an increase in serious illness or mortality;
new text end
new text begin
(3) Minnesotans are exposed to the chemical; and
new text end
new text begin
(4) the chemical is listed as a toxic chemical on either a state or federal list.
new text end
new text begin Subd. 2. new text end
new text begin Implementation. new text end
new text begin
(a) The commissioner shall prioritize the toxic chemicals
under subdivision 1 according to the threat the chemicals pose to public health.
new text end
new text begin
(b) The commissioner shall initially implement the biomonitoring activities of the
program with regard to the 20 toxic chemicals that present the greatest public health risk.
new text end
new text begin
(c) The commissioner shall add additional chemicals in order of priority to the
extent funds are available.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006, or upon receiving
sufficient nonstate funds to implement the healthy Minnesotan's biomonitoring program,
whichever is later. In the event that nonstate funds are not secured by the commissioner
of health to adequately fund the implementation of the program, the commissioner is
not required to implement Minnesota Statutes, section 144.997, without subsequent
appropriation from the legislature.
new text end
Sec. 15.
new text begin
[144.998] BIOMONITORING FISCAL PROVISIONS.
new text end
new text begin Subdivision 1. new text end
new text begin Creation of account. new text end
new text begin
A healthy Minnesotan's biomonitoring
program account is established in the state government special revenue fund. The account
consists of money appropriated by the legislature and any other funds identified for use by
the healthy Minnesotan's biomonitoring program. All interest earned on money deposited
into the account shall be retained in the account. Money in the account is appropriated
to the commissioner for the purpose of implementing the healthy Minnesotan's
biomonitoring program.
new text end
new text begin Subd. 2. new text end
new text begin Other funding. new text end
new text begin
The commissioner shall seek funding from federal and
private sources.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006, or upon receiving
sufficient nonstate funds to implement the healthy Minnesotan's biomonitoring program,
whichever is later. In the event that nonstate funds are not secured by the commissioner
of health to adequately fund the implementation of the program, the commissioner is
not required to implement Minnesota Statutes, section 144.998, without subsequent
appropriation from the legislature.
new text end
Sec. 16.
new text begin
[144.999] BIOMONITORING REPORTS.
new text end
new text begin
(a) By January 15, 2008, the commissioner shall submit a report to the legislature
summarizing the initial activities of the healthy Minnesotan's biomonitoring program,
including a program description, the methodology used, and the initial outcomes.
new text end
new text begin (b) Thereafter, the commissioner shall prepare a biennial report describing the
effectiveness of the program, including analysis of the health and environmental exposure
data collected to adequately monitor the activities under section 144.995. The report shall
be made available to local public health departments and the general public in a summary
format that protects the confidentiality of program participants. The commissioner shall
disseminate the report via the Department of Health's Web site.new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006, or upon receiving
sufficient nonstate funds to implement the healthy Minnesotan's biomonitoring program,
whichever is later. In the event that nonstate funds are not secured by the commissioner
of health to adequately fund the implementation of the program, the commissioner is
not required to implement Minnesota Statutes, section 144.999, without subsequent
appropriation from the legislature.
new text end
Sec. 17.
Laws 2005, First Special Session chapter 4, article 9, section 3, subdivision 2,
is amended to read:
Subd. 2.Community and Family Health
|
||||||
| Summary by Fund |
||
| General |
40,413,000 |
40,382,000 |
| State Government Special Revenue |
141,000 |
128,000 |
| Health Care Access |
3,510,000 |
3,516,000 |
| Federal TANF |
6,000,000 |
6,000,000 |
deleted text begin FAMILY PLANNING BASE
REDUCTION. deleted text end deleted text begin Base level funding for
the family planning special projects grant
program is reduced by $1,877,000 each
year of the biennium beginning July 1,
2007, provided that this reduction shall
only take place upon full implementation of
the family planning project section of the
1115 waiver. Notwithstanding Minnesota
Statutes, section 145.925, the commissioner
shall give priority to community health care
clinics providing family planning services
that either serve a high number of women
who do not qualify for medical assistance
or are unable to participate in the medical
assistance program as a medical assistance
provider when allocating the remaining
appropriations. Notwithstanding section 15,
this paragraph shall not expire.
deleted text end
SHAKEN BABY VIDEO. Of the
state government special revenue fund
appropriation, $13,000 in 2006 is
appropriated to the commissioner of health
to provide a video to hospitals on shaken
baby syndrome. The commissioner of health
shall assess a fee to hospitals to cover the
cost of the approved shaken baby video and
the revenue received is to be deposited in the
state government special revenue fund.
Sec. 18. new text begin LEAD REDUCTION STUDY.
new text end
new text begin
The commissioner of health, in consultation with the Department of Employment
and Economic Development, the Minnesota Housing Finance Agency, and the Department
of Human Services, shall develop and evaluate the best strategies to reduce the number of
children endangered by lead paint. The study shall make recommendations on how to:
new text end
new text begin
(1) promote and encourage primary prevention;
new text end
new text begin
(2) ensure that all children at risk are tested; and
new text end
new text begin
(3) provide a lead prevention program to assist families and protect children with
blood lead levels more than five micrograms of lead per deciliter of whole blood from
reaching levels of ten micrograms or greater.
new text end
new text begin
The commissioner shall submit the results of the study and any recommendations,
including any necessary legislative changes to the legislature by January 15, 2007.
new text end
Sec. 19. new text begin REVISOR'S INSTRUCTION.
new text end
new text begin
The revisor of statutes shall change the range reference "144.9501 to 144.9509"
to "144.9501 to 144.9512" wherever the reference appears in Minnesota Statutes and
Minnesota Rules.
new text end
Sec. 20. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2004, section 119A.46, subdivisions 4, 5, 6, 7, 9, and 10;
new text end
new text begin
and
new text end
new text begin
Minnesota Statutes 2005 Supplement, section 119A.46, subdivisions 1, 2, 3, and 8,
new text end
new text begin
are
repealed.
new text end
ARTICLE 20
HEALTH CARE
Section 1.
Minnesota Statutes 2004, section 47.58, subdivision 8, is amended to read:
Subd. 8.
Counseling; requirement; penalty.
A lender, mortgage banking company,
or other mortgage lender not related to the mortgagor must keep a certificate on file
documenting that the borrower, prior to entering into the reverse mortgage loan, received
counseling as defined in this subdivision from an organization that meets the requirements
of section 462A.209 and is a housing counseling agency approved by the Department of
Housing and Urban Development. The certificate must be signed by the mortgagor and
the counselor and include the date of the counseling, the name, address, and telephone
number of both the mortgagor and the organization providing counseling. A failure by
the lender to comply with this subdivision results in a $1,000 civil penalty payable to
the mortgagor. For the purposes of this subdivision, "counseling" means the following
services are provided to the borrower:
(1) a review of the advantages and disadvantages of reverse mortgage programs;
(2) an explanation of how the reverse mortgage affects the borrower's estate and
public benefits;
(3) an explanation of the lending process;
(4) a discussion of the borrower's supplemental income needs; deleted text begin and
deleted text end
(5) new text begin an explanation of the provisions of sections 256B.0913, subdivision 17, and
462A.05, subdivision 42; and
new text end
new text begin (6) new text end an opportunity to ask questions of the counselor.
Sec. 2.
Minnesota Statutes 2004, section 144A.071, subdivision 4c, is amended to read:
Subd. 4c.
Exceptions for replacement beds after June 30, 2003.
(a) The
commissioner of health, in coordination with the commissioner of human services, may
approve the renovation, replacement, upgrading, or relocation of a nursing home or
boarding care home, under the following conditions:
(1) to license and certify an 80-bed city-owned facility in Nicollet County to be
constructed on the site of a new city-owned hospital to replace an existing 85-bed facility
attached to a hospital that is also being replaced. The threshold allowed for this project
under section 144A.073 shall be the maximum amount available to pay the additional
medical assistance costs of the new facility;
(2) to license and certify 29 beds to be added to an existing 69-bed facility in St.
Louis County, provided that the 29 beds must be transferred from active or layaway status
at an existing facility in St. Louis County that had 235 beds on April 1, 2003.
The licensed capacity at the 235-bed facility must be reduced to 206 beds, but the payment
rate at that facility shall not be adjusted as a result of this transfer. The operating payment
rate of the facility adding beds after completion of this project shall be the same as it was
on the day prior to the day the beds are licensed and certified. This project shall not
proceed unless it is approved and financed under the provisions of section 144A.073; deleted text begin anddeleted text end
(3) to license and certify a new 60-bed facility in Austin, provided that: (i) 45 of
the new beds are transferred from a 45-bed facility in Austin under common ownership
that is closed and 15 of the new beds are transferred from a 182-bed facility in Albert Lea
under common ownership; (ii) the commissioner of human services is authorized by the
2004 legislature to negotiate budget-neutral planned nursing facility closures; and (iii)
money is available from planned closures of facilities under common ownership to make
implementation of this clause budget-neutral to the state. The bed capacity of the Albert
Lea facility shall be reduced to 167 beds following the transfer. Of the 60 beds at the
new facility, 20 beds shall be used for a special care unit for persons with Alzheimer's
disease or related dementiasdeleted text begin .deleted text end new text begin ; and
new text end
new text begin
(4) to license and certify up to 80 beds transferred from an existing state-owned
nursing facility in Cass County to a new facility in the same county. The operating
cost payment rates for the new facility shall be determined based on the interim and
settle-up payment provisions of Minnesota Rules, part 9549.0057, and the reimbursement
provisions of section 256B.431. The property payment rate for the first three years of
operation shall be $25 per day.
new text end
(b) Projects approved under this subdivision shall be treated in a manner equivalent
to projects approved under subdivision 4a.
Sec. 3.
new text begin
[144A.441] ASSISTED LIVING BILL OF RIGHTS ADDENDUM.
new text end
new text begin
Assisted living clients, as defined in section 144G.01, subdivision 3, shall be
provided with the home care bill of rights required by section 144A.44, except that the
home care bill of rights provided to these clients must include the following provision in
place of the provision in section 144A.44, subdivision 1, clause (16):
new text end
new text begin
"(16) the right to reasonable, advance notice of changes in services or charges,
including at least 30 days' advance notice of the termination of a service by a provider,
except in cases where:
new text end
new text begin
(i) the recipient of services engages in conduct that alters the conditions of
employment as specified in the employment contract between the home care provider
and the individual providing home care services, or creates an abusive or unsafe work
environment for the individual providing home care services;
new text end
new text begin
(ii) an emergency for the informal caregiver or a significant change in the recipient's
condition has resulted in service needs that exceed the current service provider agreement
and that cannot be safely met by the home care provider; or
new text end
new text begin
(iii) the provider has not received payment for services, for which at least ten days'
advance notice of the termination of a service shall be provided."
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2007.
new text end
Sec. 4.
new text begin
[144A.442] TERMINATION OF HOME CARE SERVICES FOR
ASSISTED LIVING CLIENTS.
new text end
new text begin
If an arranged home care provider, as defined in section 144D.01, subdivision 2a,
who is not also Medicare certified terminates a service agreement or service plan with
an assisted living client, as defined in section 144G.01, subdivision 3, the home care
provider shall provide the assisted living client and the legal or designated representatives
of the client, if any, with a written notice of termination which includes the following
information:
new text end
new text begin
(1) the effective date of termination;
new text end
new text begin
(2) the reason for termination;
new text end
new text begin
(3) without extending the termination notice period, an affirmative offer to meet with
the assisted living client or client representatives within no more than five business days of
the date of the termination notice to discuss the termination;
new text end
new text begin
(4) contact information for a reasonable number of other home care providers in
the geographic area of the assisted living client, as required by Minnesota Rules, part
4668.0050;
new text end
new text begin
(5) a statement that the provider will participate in a coordinated transfer of the care
of the client to another provider or caregiver, as required by section 144A.44, subdivision
1, clause (17);
new text end
new text begin
(6) the name and contact information of a representative of the home care provider
with whom the client may discuss the notice of termination;
new text end
new text begin
(7) a copy of the home care bill of rights; and
new text end
new text begin
(8) a statement that the notice of termination of home care services by the home care
provider does not constitute notice of termination of the housing with services contract
with a housing with services establishment.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2007.
new text end
Sec. 5.
Minnesota Statutes 2004, section 144A.4605, is amended to read:
144A.4605 deleted text begin ASSISTED LIVING HOME CAREdeleted text end new text begin CLASS Fnew text end PROVIDER.
Subdivision 1.
Definitions.
For purposes of this section, the term "deleted text begin assisted
livingdeleted text end new text begin class Fnew text end home care provider" means a home care provider who provides nursing
services, delegated nursing services, other services performed by unlicensed personnel, or
central storage of medications solely for residents of one or more housing with services
establishments registered under chapter 144D.
Subd. 2.
deleted text begin Assisted livingdeleted text end new text begin Class Fnew text end home care license established.
A home care
provider license category entitled deleted text begin assisted livingdeleted text end new text begin class Fnew text end home care provider is hereby
established. A home care provider may obtain deleted text begin an assisted livingdeleted text end new text begin a class Fnew text end license if the
program meets the following requirements:
(a) nursing services, delegated nursing services, other services performed by
unlicensed personnel, or central storage of medications under the deleted text begin assisted livingdeleted text end new text begin class
Fnew text end license are provided solely for residents of one or more housing with services
establishments registered under chapter 144D;
(b) unlicensed personnel perform home health aide and home care aide tasks
identified in Minnesota Rules, parts 4668.0100, subparts 1 and 2, and 4668.0110, subpart 1.
Qualifications to perform these tasks shall be established in accordance with subdivision 3;
(c) periodic supervision of unlicensed personnel is provided as required by rule;
(d) notwithstanding Minnesota Rules, part 4668.0160, subpart 6, item D, client
records shall include:
(1) daily records or a weekly summary of home care services provided;
(2) documentation each time medications are administered to a client; and
(3) documentation on the day of occurrence of any significant change in the client's
status or any significant incident, such as a fall or refusal to take medications.
All entries must be signed by the staff providing the services and entered into the
record no later than two weeks after the end of the service day, except as specified in
clauses (2) and (3);
(e) medication and treatment orders, if any, are included in the client record and
are renewed at least every 12 months, or more frequently when indicated by a clinical
assessment;
(f) the central storage of medications in a housing with services establishment
registered under chapter 144D is managed under a system that is established by a
registered nurse and addresses the control of medications, handling of medications,
medication containers, medication records, and disposition of medications; and
(g) in other respects meets the requirements established by rules adopted under
sections 144A.45 to 144A.47.
Subd. 3.
Training or competency evaluations required.
(a) Unlicensed personnel
must:
(1) satisfy the training or competency requirements established by rule under
sections 144A.45 to 144A.47; or
(2) be trained or determined competent by a registered nurse in each task identified
under Minnesota Rules, part 4668.0100, subparts 1 and 2, when offered to clients in a
housing with services establishment as described in paragraphs (b) to (e).
(b) Training for tasks identified under Minnesota Rules, part 4668.0100, subparts
1 and 2, shall use a curriculum which meets the requirements in Minnesota Rules, part
4668.0130.
(c) Competency evaluations for tasks identified under Minnesota Rules, part
4668.0100, subparts 1 and 2, must be completed and documented by a registered nurse.
(d) Unlicensed personnel performing tasks identified under Minnesota Rules, part
4668.0100, subparts 1 and 2, shall be trained or demonstrate competency in the following
topics:
(1) an overview of sections 144A.43 to 144A.47 and rules adopted thereunder;
(2) recognition and handling of emergencies and use of emergency services;
(3) reporting the maltreatment of vulnerable minors or adults under sections 626.556
and 626.557;
(4) home care bill of rights;
(5) handling of clients' complaints and reporting of complaints to the Office of
Health Facility Complaints;
(6) services of the ombudsman for older Minnesotans;
(7) observation, reporting, and documentation of client status and of the care or
services provided;
(8) basic infection control;
(9) maintenance of a clean, safe, and healthy environment;
(10) communication skills;
(11) basic elements of body functioning and changes in body function that must be
reported to an appropriate health care professional; and
(12) physical, emotional, and developmental needs of clients, and ways to work with
clients who have problems in these areas, including respect for the client, the client's
property, and the client's family.
(e) Unlicensed personnel who administer medications must comply with rules
relating to the administration of medications in Minnesota Rules, part 4668.0100, subpart
2, except that unlicensed personnel need not comply with the requirements of Minnesota
Rules, part 4668.0100, subpart 5.
Subd. 4.
License required.
(a) A housing with services establishment registered
under chapter 144D that is required to obtain a home care license must obtain deleted text begin an assisted
livingdeleted text end new text begin a class Fnew text end home care license according to this section or a class A or class deleted text begin Edeleted text end new text begin Bnew text end license
according to rule. A housing with services establishment that obtains a class deleted text begin Edeleted text end new text begin Bnew text end license
under this subdivision remains subject to the payment limitations in sections 256B.0913,
subdivision 5f, paragraph (b), and 256B.0915, subdivision 3d.
(b) A board and lodging establishment registered for special services as of December
31, 1996, and also registered as a housing with services establishment under chapter
144D, must deliver home care services according to sections 144A.43 to 144A.47, and
may apply for a waiver from requirements under Minnesota Rules, parts 4668.0002 to
4668.0240, to operate a licensed agency under the standards of section 157.17. Such
waivers as may be granted by the department will expire upon promulgation of home care
rules implementing section 144A.4605.
deleted text begin
(c) An adult foster care provider licensed by the Department of Human Services and
registered under chapter 144D may continue to provide health-related services under its
foster care license until the promulgation of home care rules implementing this section.
deleted text end
deleted text begin (d) An assisted livingdeleted text end new text begin (c) A class Fnew text end home care provider licensed under this section
must comply with the disclosure provisions of section 325F.72 to the extent they are
applicable.
Subd. 5.
License fees.
The license fees for deleted text begin assisted livingdeleted text end new text begin class Fnew text end home care
providers shall be as follows:
(1) $125 annually for those providers serving a monthly average of 15 or fewer
clients, and for deleted text begin assisted livingdeleted text end new text begin class Fnew text end providers of all sizes during the first year of
operation;
(2) $200 annually for those providers serving a monthly average of 16 to 30 clients;
(3) $375 annually for those providers serving a monthly average of 31 to 50 clients;
and
(4) $625 annually for those providers serving a monthly average of 51 or more
clients.
Subd. 6.
Waiver.
Upon request of the home care provider, the commissioner may
waive the provisions of this section relating to registered nurse duties.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2007.
new text end
Sec. 6.
Minnesota Statutes 2004, section 144D.01, is amended by adding a subdivision
to read:
new text begin Subd. 2a. new text end
new text begin Arranged home care provider. new text end
new text begin
"Arranged home care provider" means a
home care provider licensed under Minnesota Rules, chapter 4668, that provides services
to some or all of the residents of a housing with services establishment and that is either
the establishment itself or another entity with which the establishment has an arrangement.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2007.
new text end
Sec. 7.
Minnesota Statutes 2004, section 144D.015, is amended to read:
144D.015 ASSISTED LIVING FACILITY new text begin OR ASSISTED LIVING
RESIDENCE new text end DEFINITION FOR PURPOSES OF LONG-TERM CARE
INSURANCE.
For purposes of consistency with terminology commonly used in long-term
care insurance policiesnew text begin and notwithstanding chapter 144Gnew text end , a housing with services
establishment that is registered under section 144D.03 and that holds, or deleted text begin contractsdeleted text end new text begin makes
arrangementsnew text end with an individual or entity that holdsdeleted text begin , adeleted text end new text begin any type ofnew text end home care license and
all other licenses, permits, registrations, or other governmental approvals legally required
for delivery of the services the establishment offers or provides to its residents, constitutes
an "assisted living facility" or "assisted living residence."
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2007.
new text end
Sec. 8.
Minnesota Statutes 2004, section 144D.02, is amended to read:
144D.02 REGISTRATION REQUIRED.
No entity may establish, operate, conduct, or maintain deleted text begin an elderlydeleted text end new text begin anew text end housing with
services establishment in this state without registering and operating as required in
sections 144D.01 to 144D.06.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2007.
new text end
Sec. 9.
Minnesota Statutes 2004, section 144D.03, subdivision 2, is amended to read:
Subd. 2.
Registration information.
The establishment shall provide the following
information to the commissioner in order to be registered:
(1) the business name, street address, and mailing address of the establishment;
(2) the name and mailing address of the owner or owners of the establishment and, if
the owner or owners are not natural persons, identification of the type of business entity
of the owner or owners, and the names and addresses of the officers and members of the
governing body, or comparable persons for partnerships, limited liability corporations, or
other types of business organizations of the owner or owners;
(3) the name and mailing address of the managing agent, whether through
management agreement or lease agreement, of the establishment, if different from the
owner or owners, and the name of the on-site manager, if any;
(4) verification that the establishment has entered into deleted text begin an elderlydeleted text end new text begin anew text end housing with
services contract, as required in section 144D.04, with each resident or resident's
representative;
(5) verification that the establishment is complying with the requirements of section
325F.72, if applicable;
(6) the name and address of at least one natural person who shall be responsible
for dealing with the commissioner on all matters provided for in sections 144D.01 to
144D.06, and on whom personal service of all notices and orders shall be made, and who
shall be authorized to accept service on behalf of the owner or owners and the managing
agent, if any; and
(7) the signature of the authorized representative of the owner or owners or, if
the owner or owners are not natural persons, signatures of at least two authorized
representatives of each owner, one of which shall be an officer of the owner.
Personal service on the person identified under clause (6) by the owner or owners in
the registration shall be considered service on the owner or owners, and it shall not be a
defense to any action that personal service was not made on each individual or entity. The
designation of one or more individuals under this subdivision shall not affect the legal
responsibility of the owner or owners under sections 144D.01 to 144D.06.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2007.
new text end
Sec. 10.
Minnesota Statutes 2004, section 144D.04, is amended to read:
144D.04 deleted text begin ELDERLYdeleted text end HOUSING WITH SERVICES CONTRACTS.
Subdivision 1.
Contract required.
No deleted text begin elderlydeleted text end housing with services establishment
may operate in this state unless a written deleted text begin elderlydeleted text end housing with services contract, as defined
in subdivision 2, is executed between the establishment and each resident or resident's
representative and unless the establishment operates in accordance with the terms of the
contract. The resident or the resident's representative shall be given a complete copy of
the contract and all supporting documents and attachments and any changes whenever
changes are made.
Subd. 2.
Contents of contract.
deleted text begin An elderlydeleted text end new text begin Anew text end housing with services contract, which
need not be entitled as such to comply with this section, shall include at least the following
elements in itself or through supporting documents or attachments:
(1) new text begin the new text end name, street address, and mailing address of the establishment;
(2) the name and mailing address of the owner or owners of the establishment and, if
the owner or owners is not a natural person, identification of the type of business entity
of the owner or owners;
(3) the name and mailing address of the managing agent, through management
agreement or lease agreement, of the establishment, if different from the owner or owners;
(4) the name and address of at least one natural person who is authorized to accept
service new text begin of process new text end on behalf of the owner or owners and managing agent;
(5)new text begin anew text end statement describing the registration and licensure status of the establishment
and any provider providing health-related or supportive services under an arrangement
with the establishment;
(6)new text begin thenew text end term of the contract;
(7) new text begin a new text end description of the services to be provided to the resident in the base rate to
be paid by resident;
(8) new text begin a new text end description of any additional servicesnew text begin , including home care services,new text end available
for an additional fee from the establishment directly or through arrangements with the
establishmentnew text begin , and a schedule of fees charged for these servicesnew text end ;
deleted text begin
(9) fee schedules outlining the cost of any additional services;
deleted text end
deleted text begin (10)deleted text end new text begin (9) anew text end description of the process through which the contract may be modified,
amended, or terminated;
deleted text begin (11)deleted text end new text begin (10)new text end new text begin anew text end description of the establishment's complaint resolution process available
to residents including the toll-free complaint line for the Office of Ombudsman for Older
Minnesotans;
deleted text begin (12)deleted text end new text begin (11)new text end the resident's designated representative, if any;
deleted text begin (13)deleted text end new text begin (12)new text end the establishment's referral procedures if the contract is terminated;
deleted text begin (14) criteriadeleted text end new text begin (13) requirements of residencynew text end used by the establishment to determine
who may new text begin reside or new text end continue to reside in the deleted text begin elderlydeleted text end housing with services establishment;
deleted text begin (15)deleted text end new text begin (14)new text end billing and payment procedures and requirements;
deleted text begin (16)deleted text end new text begin (15) anew text end statement regarding the ability of residents to receive services from
service providers with whom the establishment does not have an arrangement; deleted text begin and
deleted text end
deleted text begin (17)deleted text end new text begin (16) anew text end statement regarding the availability of public funds for payment for
residence or services in the establishmentnew text begin ; and
new text end
new text begin (17) a statement regarding the availability of and contact information for long-
term care consultation services under section 256B.0911 in the county in which the
establishment is locatednew text end .
Subd. 3.
Contracts in permanent files.
deleted text begin Elderlydeleted text end Housing with services contracts
and related documents executed by each resident or resident's representative shall be
maintained by the establishment in files from the date of execution until three years after
the contract is terminated. The contracts and the written disclosures required under section
325F.72, if applicable, shall be made available for on-site inspection by the commissioner
upon request at any time.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2007.
new text end
Sec. 11.
new text begin
[144D.045] INFORMATION CONCERNING ARRANGED HOME
CARE PROVIDERS.
new text end
new text begin
If a housing with services establishment has one or more arranged home care
providers, the establishment shall arrange to have that arranged home care provider deliver
the following information in writing to a prospective resident, prior to the date on which
the prospective resident executes a contract with the establishment or the prospective
resident's move-in date, whichever is earlier:
new text end
new text begin
(1) the name, mailing address, and telephone number of the arranged home care
provider;
new text end
new text begin
(2) the name and mailing address of at least one natural person who is authorized to
accept service of process on behalf of the entity described in clause (1);
new text end
new text begin
(3) a description of the process through which a home care service agreement or
service plan between a resident and the arranged home care provider, if any, may be
modified, amended, or terminated;
new text end
new text begin
(4) the arranged home care provider's billing and payment procedures and
requirements; and
new text end
new text begin
(5) any limits to the services available from the arranged provider.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2007.
new text end
Sec. 12.
Minnesota Statutes 2004, section 144D.05, is amended to read:
144D.05 AUTHORITY OF COMMISSIONER.
The commissioner shall, upon receipt of information which may indicate the failure
of the deleted text begin elderlydeleted text end housing with services establishment, a resident, a resident's representative,
or a service provider to comply with a legal requirement to which one or more of them
may be subject, make appropriate referrals to other governmental agencies and entities
having jurisdiction over the subject matter. The commissioner may also make referrals
to any public or private agency the commissioner considers available for appropriate
assistance to those involved.
The commissioner shall have standing to bring an action for injunctive relief
in the district court in the district in which an establishment is located to compel the
deleted text begin elderlydeleted text end housing with services establishment to meet the requirements of this chapter or
other requirements of the state or of any county or local governmental unit to which the
establishment is otherwise subject. Proceedings for securing an injunction may be brought
by the commissioner through the attorney general or through the appropriate county
attorney. The sanctions in this section do not restrict the availability of other sanctions.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2007.
new text end
Sec. 13.
Minnesota Statutes 2004, section 144D.065, is amended to read:
144D.065 ESTABLISHMENTS THAT SERVE PERSONS WITH
ALZHEIMER'S DISEASE OR RELATED DISORDERS.
(a) If a housing with services establishment registered under this chapter markets or
otherwise promotes services for persons with Alzheimer's disease or related disorders,
whether in a segregated or general unit, the deleted text begin facility'sdeleted text end new text begin establishment'snew text end direct care staff and
their supervisors must be trained in dementia care.
(b) Areas of required training include:
(1) an explanation of Alzheimer's disease and related disorders;
(2) assistance with activities of daily living;
(3) problem solving with challenging behaviors; and
(4) communication skills.
(c) The establishment shall provide to consumers in written or electronic form a
description of the training program, the categories of employees trained, the frequency
of training, and the basic topics covered. This information satisfies the disclosure
requirements of section 325F.72, subdivision 2, clause (4).
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2007.
new text end
Sec. 14.
new text begin
[144G.01] DEFINITIONS.
new text end
new text begin Subdivision 1. new text end
new text begin Scope; other definitions. new text end
new text begin
For purposes of sections 144G.01 to
144G.05, the following definitions apply. In addition, the definitions provided in section
144D.01 also apply to sections 144G.01 to 144G.05.
new text end
new text begin Subd. 2. new text end
new text begin Assisted living. new text end
new text begin
"Assisted living" means a service or package of services
advertised, marketed, or otherwise described, offered, or promoted using the phrase
"assisted living" either alone or in combination with other words, whether orally or in
writing, and which is subject to the requirements of this chapter.
new text end
new text begin Subd. 3. new text end
new text begin Assisted living client. new text end
new text begin
"Assisted living client" or "client" means a housing
with services resident who receives assisted living that is subject to the requirements
of this chapter.
new text end
new text begin Subd. 4. new text end
new text begin Commissioner. new text end
new text begin
"Commissioner" means the commissioner of health.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2007.
new text end
Sec. 15.
new text begin
[144G.02] ASSISTED LIVING; PROTECTED TITLE; RESTRICTION
ON USE; REGULATORY FUNCTIONS.
new text end
new text begin Subdivision 1. new text end
new text begin Protected title; restriction on use. new text end
new text begin
No person or entity may use the
phrase "assisted living," whether alone or in combination with other words and whether
orally or in writing, to advertise, market, or otherwise describe, offer, or promote itself, or
any housing, service, service package, or program that it provides within this state, unless
the person or entity is a housing with services establishment that meets the requirements of
this chapter, or is a person or entity that provides some or all components of assisted living
that meet the requirements of this chapter. A person or entity entitled to use the phrase
"assisted living" shall use the phrase only in the context of its participation in assisted
living that meets the requirements of this chapter. A housing with services establishment
offering or providing assisted living that is not made available to residents in all of its
housing units shall identify the number or location of the units in which assisted living
is available, and may not use the term "assisted living" in the name of the establishment
registered with the commissioner under chapter 144D, or in the name the establishment
uses to identify itself to residents or the public.
new text end
new text begin Subd. 2. new text end
new text begin Authority of commissioner. new text end
new text begin
(a) The commissioner, upon receipt of
information that may indicate the failure of a housing with services establishment, the
arranged home care provider, an assisted living client, or an assisted living client's
representative to comply with a legal requirement to which one or more of the entities may
be subject, shall make appropriate referrals to other governmental agencies and entities
having jurisdiction over the subject matter. The commissioner may also make referrals
to any public or private agency the commissioner considers available for appropriate
assistance to those involved.
new text end
new text begin
(b) In addition to the authority with respect to licensed home care providers under
sections 144A.45 and 144A.46 and with respect to housing with services establishments
under chapter 144D, the commissioner shall have standing to bring an action for injunctive
relief in the district court in the district in which a housing with services establishment
is located to compel the housing with services establishment or the arranged home care
provider to meet the requirements of this chapter or other requirements of the state or of
any county or local governmental unit to which the establishment or arranged home care
provider is otherwise subject. Proceedings for securing an injunction may be brought by
the commissioner through the attorney general or through the appropriate county attorney.
The sanctions in this section do not restrict the availability of other sanctions.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2007.
new text end
Sec. 16.
new text begin
[144G.03] ASSISTED LIVING REQUIREMENTS.
new text end
new text begin Subdivision 1. new text end
new text begin Verification in annual registration. new text end
new text begin
A registered housing with
services establishment using the phrase "assisted living," pursuant to section 144G.02,
subdivision 1, shall verify to the commissioner in its annual registration pursuant to chapter
144D that the establishment is complying with sections 144G.01 to 144G.05, as applicable.
new text end
new text begin Subd. 2. new text end
new text begin Minimum requirements for assisted living. new text end
new text begin
(a) Assisted living shall
be provided or made available only to individuals residing in a registered housing with
services establishment. Except as expressly stated in this chapter, a person or entity
offering assisted living may define the available services and may offer assisted living to
all or some of the residents of a housing with services establishment. The services that
comprise assisted living may be provided or made available directly by a housing with
services establishment or by persons or entities with which the housing with services
establishment has made arrangements.
new text end
new text begin
(b) A person or entity entitled to use the phrase "assisted living," according to
section 144G.02, subdivision 1, shall do so only with respect to a housing with services
establishment, or a service, service package, or program available within a housing with
services establishment that, at a minimum:
new text end
new text begin
(1) provides or makes available health-related services under a class A or class F
home care license. At a minimum, health-related services must include:
new text end
new text begin
(i) assistance with self-administration of medication as defined in Minnesota Rules,
part 4668.0003, subpart 2a, or medication administration as defined in Minnesota Rules,
part 4668.0003, subpart 21a; and
new text end
new text begin
(ii) assistance with at least three of the following seven activities of daily living:
bathing, dressing, grooming, eating, transferring, continence care, and toileting.
new text end
new text begin
All health related services shall be provided in a manner that complies with applicable
home care licensure requirements in chapter 144A and Minnesota Rules, chapter 4668,
and with sections 148.171 to 148.285;
new text end
new text begin
(2) provides necessary assessments of the physical and cognitive needs of assisted
living clients by a registered nurse, as required by applicable home care licensure
requirements in chapter 144A and Minnesota Rules, chapter 4668, and by sections
148.171 to 148.285;
new text end
new text begin
(3) has and maintains a system for delegation of health care activities to unlicensed
assistive health care personnel by a registered nurse, including supervision and evaluation
of the delegated activities as required by applicable home care licensure requirements in
chapter 144A and Minnesota Rules, chapter 4668, and by sections 148.171 to 148.285;
new text end
new text begin
(4) provides staff access to an on-call registered nurse 24 hours per day, seven
days per week;
new text end
new text begin
(5) has and maintains a system to check on each assisted living client at least daily;
new text end
new text begin
(6) provides a means for assisted living clients to request assistance for health and
safety needs 24 hours per day, seven days per week, from the establishment or a person or
entity with which the establishment has made arrangements;
new text end
new text begin
(7) has a person or persons available 24 hours per day, seven days per week, who
is responsible for responding to the requests of assisted living clients for assistance with
health or safety needs, who shall be:
new text end
new text begin
(i) awake;
new text end
new text begin
(ii) located in the same building, in an attached building, or on a contiguous campus
with the housing with services establishment in order to respond within a reasonable
amount of time;
new text end
new text begin
(iii) capable of communicating with assisted living clients;
new text end
new text begin
(iv) capable of recognizing the need for assistance;
new text end
new text begin
(v) capable of providing either the assistance required or summoning the appropriate
assistance; and
new text end
new text begin
(vi) capable of following directions;
new text end
new text begin
(8) offers to provide or make available at least the following supportive services
to assisted living clients:
new text end
new text begin
(i) two meals per day;
new text end
new text begin
(ii) weekly housekeeping;
new text end
new text begin
(iii) weekly laundry service;
new text end
new text begin
(iv) upon the request of the client, reasonable assistance with arranging for
transportation to medical and social services appointments, and the name of or other
identifying information about the person or persons responsible for providing this
assistance;
new text end
new text begin
(v) upon the request of the client, reasonable assistance with accessing community
resources and social services available in the community, and the name of or other
identifying information about the person or persons responsible for providing this
assistance; and
new text end
new text begin
(vi) periodic opportunities for socialization; and
new text end
new text begin
(9) makes available to all prospective and current assisted living clients information
consistent with the uniform format and the required components adopted by the
commissioner under section 144G.06. This information must be made available beginning
no later than six months after the commissioner makes the uniform format and required
components available to providers according to section 144G.06.
new text end
new text begin Subd. 3. new text end
new text begin Exemption from awake-staff requirement. new text end
new text begin
(a) A housing with services
establishment that offers or provides assisted living is exempt from the requirement in
subdivision 2, paragraph (b), clause (7), item (i), that the person or persons available and
responsible for responding to requests for assistance must be awake, if the establishment
meets the following requirements:
new text end
new text begin
(1) the establishment has a maximum capacity to serve 12 or fewer assisted living
clients;
new text end
new text begin
(2) the person or persons available and responsible for responding to requests for
assistance are physically present within the housing with services establishment in which
the assisted living clients reside;
new text end
new text begin
(3) the establishment has a system in place that is compatible with the health, safety,
and welfare of the establishment's assisted living clients;
new text end
new text begin
(4) the establishment's housing with services contract, as required by section
144D.04, includes a statement disclosing the establishment's qualification for, and
intention to rely upon, this exemption;
new text end
new text begin
(5) the establishment files with the commissioner, for purposes of public information
but not review or approval by the commissioner, a statement describing how the
establishment meets the conditions in clauses (1) to (5), and makes a copy of this statement
available to actual and prospective assisted living clients; and
new text end
new text begin
(6) the establishment indicates on its housing with services registration, under
section 144D.02 or 144D.03, as applicable, that it qualifies for and intends to rely upon the
exemption under this subdivision.
new text end
new text begin Subd. 4. new text end
new text begin Nursing assessment. new text end
new text begin
(a) A housing with services establishment offering or
providing assisted living shall:
new text end
new text begin
(1) offer to have the arranged home care provider conduct a nursing assessment by
a registered nurse of the physical and cognitive needs of the prospective resident and
propose a service agreement or service plan prior to the date on which a prospective
resident executes a contract with a housing with services establishment or the date on
which a prospective resident moves in, whichever is earlier; and
new text end
new text begin
(2) inform the prospective resident of the availability of and contact information for
long-term care consultation services under section 256B.0911, prior to the date on which a
prospective resident executes a contract with a housing with services establishment or the
date on which a prospective resident moves in, whichever is earlier.
new text end
new text begin
(b) An arranged home care provider is not obligated to conduct a nursing assessment
by a registered nurse when requested by a prospective resident if either the geographic
distance between the prospective resident and the provider, or urgent or unexpected
circumstances, do not permit the assessment to be conducted prior to the date on which
the prospective resident executes a contract or moves in, whichever is earlier. When such
circumstances occur, the arranged home care provider shall offer to conduct a telephone
conference whenever reasonably possible.
new text end
new text begin
(c) The arranged home care provider shall comply with applicable home care
licensure requirements in chapter 144A and Minnesota Rules, chapter 4668, and with
sections 148.171 to 148.285 with respect to the provision of a nursing assessment prior
to the delivery of nursing services and the execution of a home care service plan or
service agreement.
new text end
new text begin Subd. 5. new text end
new text begin Assistance with arranged home care provider. new text end
new text begin
The housing with services
establishment shall provide each assisted living client with identifying information about a
person or persons reasonably available to assist the client with concerns the client may
have with respect to the services provided by the arranged home care provider. The
establishment shall keep each assisted living client reasonably informed of any changes in
the personnel referenced in this subdivision. Upon request of the assisted living client,
such personnel or designee shall provide reasonable assistance to the assisted living client
in addressing concerns regarding services provided by the arranged home care provider.
new text end
new text begin Subd. 6. new text end
new text begin Termination of housing with services contract. new text end
new text begin
If a housing with
services establishment terminates a housing with services contract with an assisted living
client, the establishment shall provide the assisted living client, and the legal or designated
representative of the assisted living client, if any, with a written notice of termination
which includes the following information:
new text end
new text begin
(1) the effective date of termination;
new text end
new text begin
(2) the section of the contract that authorizes the termination;
new text end
new text begin
(3) without extending the termination notice period, an affirmative offer to meet with
the assisted living client and, if applicable, client representatives, within no more than five
business days of the date of the termination notice to discuss the termination;
new text end
new text begin
(4) an explanation that:
new text end
new text begin
(i) the assisted living client must vacate the apartment, along with all personal
possessions, on or before the effective date of termination;
new text end
new text begin
(ii) failure to vacate the apartment by the date of termination may result in the filing
of an eviction action in court by the establishment, and that the assisted living client may
present a defense, if any, to the court at that time; and
new text end
new text begin
(iii) the assisted living client may seek legal counsel in connection with the notice
of termination;
new text end
new text begin
(5) a statement that, with respect to the notice of termination, reasonable
accommodation is available for the disability of the assisted living client, if any; and
new text end
new text begin
(6) the name and contact information of the representative of the establishment
with whom the assisted living client or client representatives may discuss the notice of
termination.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2007.
new text end
Sec. 17.
new text begin
[144G.04] RESERVATION OF RIGHTS.
new text end
new text begin Subdivision 1. new text end
new text begin Use of services. new text end
new text begin
Nothing in this chapter requires an assisted living
client to utilize any service provided or made available in assisted living.
new text end
new text begin Subd. 2. new text end
new text begin Housing with services contracts. new text end
new text begin
Nothing in this chapter requires a
housing with services establishment to execute or refrain from terminating a housing with
services contract with a prospective or current resident who is unable or unwilling to meet
the requirements of residency, with or without assistance.
new text end
new text begin Subd. 3. new text end
new text begin Provision of services. new text end
new text begin
Nothing in this chapter requires the arranged home
care provider to offer or continue to provide services under a service agreement or service
plan to a prospective or current resident of the establishment whose needs cannot be
met by the arranged home care provider.
new text end
new text begin Subd. 4. new text end
new text begin Altering operations; service packages. new text end
new text begin
Nothing in this chapter requires
a housing with services establishment or arranged home care provider offering assisted
living to fundamentally alter the nature of the operations of the establishment or the
provider in order to accommodate the request or need for facilities or services by any
assisted living client, or to refrain from requiring, as a condition of residency, that an
assisted living client pay for a package of assisted living services even if the client does
not choose to utilize all or some of the services in the package.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2007.
new text end
Sec. 18.
new text begin
[144G.05] REIMBURSEMENT UNDER ASSISTED LIVING SERVICE
PACKAGES.
new text end
new text begin
Notwithstanding the provisions of this chapter, the requirements for the elderly
waiver program's assisted living payment rates under section 256B.0915, subdivision
3e, shall continue to be effective and providers who do not meet the requirements of
this chapter may continue to receive payment under section 256B.0915, subdivision 3e,
as long as they continue to meet the definitions and standards for assisted living and
assisted living plus set forth in the federally approved Elderly Home and Community
Based Services Waiver Program (Control Number 0025.91).
new text end
new text begin
Providers of assisted living for the Community Alternatives for Disabled Individuals
(CADI) and Traumatic Brain Injury (TBI) waivers shall continue to receive payment as
long as they continue to meet the definitions and standards for assisted living and assisted
living plus set forth in the federally approved CADI and TBI waiver plans.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2007.
new text end
Sec. 19.
new text begin
[144G.06] UNIFORM CONSUMER INFORMATION GUIDE.
new text end
new text begin
(a) The commissioner of health shall establish an advisory committee consisting
of representatives of consumers, providers, county and state officials, and other
groups the commissioner considers appropriate. The advisory committee shall present
recommendations to the commissioner on:
new text end
new text begin
(1) a format for a guide to be used by individual providers of assisted living, as
defined in section 144G.01, that includes information about services offered by that
provider, service costs, and other relevant provider-specific information, as well as a
statement of philosophy and values associated with assisted living, presented in uniform
categories that facilitate comparison with guides issued by other providers; and
new text end
new text begin
(2) requirements for informing assisted living clients, as defined in section 144G.01,
of their applicable legal rights.
new text end
new text begin
(b) The commissioner, after reviewing the recommendations of the advisory
committee, shall adopt a uniform format for the guide to be used by individual providers,
and the required components of materials to be used by providers to inform assisted
living clients of their legal rights, and shall make the uniform format and the required
components available to assisted living providers.
new text end
Sec. 20.
Minnesota Statutes 2004, section 256.01, is amended by adding a subdivision
to read:
new text begin Subd. 2b. new text end
new text begin Performance payments. new text end
new text begin
The commissioner shall develop and implement
a pay-for-performance system to provide performance payments to medical groups that
demonstrate optimum care in serving individuals with chronic diseases who are enrolled
in health care programs administered by the commissioner under chapters 256B, 256D,
and 256L.
new text end
Sec. 21.
Minnesota Statutes 2004, section 256.01, is amended by adding a subdivision
to read:
new text begin Subd. 23. new text end
new text begin Reverse mortgage information and referral. new text end
new text begin
The commissioner, in
cooperation with the commissioner of the Minnesota Housing Finance Agency, shall:
new text end
new text begin
(1) establish an information and referral system to inform eligible persons regarding
the availability of reverse mortgages and state incentives available to persons who take
out certain reverse mortgages. The information and referral system shall be established
involving the Senior LinkAge Line, county and tribal agencies, community housing
agencies and organizations, reverse mortgage counselors and lenders, senior and elder
community organizations, and other relevant entities; and
new text end
new text begin
(2) coordinate necessary training for Senior LinkAge Line employees, mortgage
counselors, and lenders regarding the provisions of sections 256B.0913, subdivision
17, and 462A.05, subdivision 42.
new text end
Sec. 22.
new text begin
[256.9545] PRESCRIPTION DRUG DISCOUNT PROGRAM.
new text end
new text begin Subdivision 1. new text end
new text begin Establishment; administration. new text end
new text begin
The commissioner shall establish
and administer the prescription drug discount program.
new text end
new text begin Subd. 2. new text end
new text begin Commissioner's authority. new text end
new text begin
The commissioner shall administer a drug
rebate program for drugs purchased according to the prescription drug discount program.
The commissioner shall execute a rebate agreement from all manufacturers that choose to
participate in the program for those drugs covered under the medical assistance program.
For each drug, the amount of the rebate shall be equal to the rebate as defined for purposes
of the federal rebate program in United States Code, title 42, section 1396r-8. The
rebate program shall utilize the terms and conditions used for the federal rebate program
established according to section 1927 of title XIX of the federal Social Security Act.
new text end
new text begin Subd. 3. new text end
new text begin Definitions. new text end
new text begin
For purposes of this section, the following terms have the
meanings given them.
new text end
new text begin
(a) "Commissioner" means the commissioner of human services.
new text end
new text begin
(b) "Covered prescription drug" means a prescription drug as defined in section
151.44, paragraph (d), that is covered under medical assistance as described in section
256B.0625, subdivision 13, and that is provided by a participating manufacturer that has a
fully executed rebate agreement with the commissioner under this section and complies
with that agreement.
new text end
new text begin
(c) "Enrolled individual" means a person who is eligible for the program under
subdivision 4 and has enrolled in the program according to subdivision 5.
new text end
new text begin
(d) "Health carrier" means an insurance company licensed under chapter 60A to
offer, sell, or issue an individual or group policy of accident and sickness insurance as
defined in section 62A.01; a nonprofit health service plan corporation operating under
chapter 62C; a health maintenance organization operating under chapter 62D; a joint
self-insurance employee health plan operating under chapter 62H; a community integrated
service network licensed under chapter 62N; a fraternal benefit society operating under
chapter 64B; a city, county, school district, or other political subdivision providing
self-insured health coverage under section 471.617 or sections 471.98 to 471.982; and a
self-funded health plan under the Employee Retirement Income Security Act of 1974, as
amended.
new text end
new text begin
(e) "Participating manufacturer" means a manufacturer as defined in section 151.44,
paragraph (c), that agrees to participate in the prescription drug discount program.
new text end
new text begin
(f) "Participating pharmacy" means a pharmacy as defined in section 151.01,
subdivision 2, that agrees to participate in the prescription drug discount program.
new text end
new text begin Subd. 4. new text end
new text begin Eligibility. new text end
new text begin
(a) To be eligible for the program, an applicant must:
new text end
new text begin
(1) be a permanent resident of Minnesota as defined in section 256L.09, subdivision
4;
new text end
new text begin
(2) not be enrolled in medical assistance, general assistance medical care, or
MinnesotaCare;
new text end
new text begin
(3) not be enrolled in and have currently available prescription drug coverage under
a health plan offered by a health carrier or employer or under a pharmacy benefit program
offered by a pharmaceutical manufacturer;
new text end
new text begin
(4) not be enrolled in and have currently available prescription drug coverage under
a Medicare supplement policy, as defined in sections 62A.31 to 62A.44; and
new text end
new text begin
(5) have individual or family gross income equal to or less than 300 percent of the
federal poverty guidelines. The commissioner shall adjust the income limit each July 1 by
the annual update of the federal poverty guidelines following publication by the United
States Department of Health and Human Services.
new text end
new text begin
(b) Notwithstanding paragraph (a), clause (3), an individual who is enrolled in a
Medicare Part D prescription drug plan or Medicare Advantage plan is eligible for the
program but only for drugs that are not covered under the Medicare Part D plan or for
drugs that are covered under the plan, but according to the conditions of the plan, the
individual is responsible for 100 percent of the cost of the prescription drug.
new text end
new text begin Subd. 5. new text end
new text begin Application procedure. new text end
new text begin
(a) Applications and information on the program
must be made available at county social services agencies, health care provider offices, and
agencies and organizations serving senior citizens. Individuals shall submit applications
and any information specified by the commissioner as being necessary to verify eligibility
directly to the commissioner. The commissioner shall determine an applicant's eligibility
for the program within 30 days from the date the application is received. Upon notice of
approval, the applicant must submit to the commissioner the enrollment fee specified in
subdivision 10. Eligibility begins the month after the enrollment fee is received by the
commissioner.
new text end
new text begin
(b) An enrollee's eligibility must be renewed every 12 months with the 12-month
period beginning in the month after the application is approved.
new text end
new text begin
(c) The commissioner shall develop an application form that does not exceed one
page in length and requires information necessary to determine eligibility for the program.
new text end
new text begin Subd. 6. new text end
new text begin Participating pharmacy. new text end
new text begin
(a) Upon implementation of the prescription
drug discount program, and until January 1, 2008, a participating pharmacy, with a
valid prescription, must sell a covered prescription drug to an enrolled individual at the
medical assistance rate.
new text end
new text begin
(b) After January 1, 2008, a participating pharmacy, with a valid prescription, must
sell a covered prescription drug to an enrolled individual at the medical assistance rate,
minus an amount that is equal to the rebate amount described in subdivision 8.
new text end
new text begin
(c) Each participating pharmacy shall provide the commissioner with all information
necessary to administer the program, including, but not limited to, information on
prescription drug sales to enrolled individuals and usual and customary retail prices.
new text end
new text begin Subd. 7. new text end
new text begin Notification of rebate amount. new text end
new text begin
The commissioner shall notify each
participating manufacturer, each calendar quarter or according to a schedule established
by the commissioner, of the amount of the rebate owed on the prescription drugs sold by
participating pharmacies to enrolled individuals.
new text end
new text begin Subd. 8. new text end
new text begin Provision of rebate. new text end
new text begin
To the extent that a participating manufacturer's
prescription drugs are prescribed to a resident of this state, the manufacturer must provide
a rebate equal to the rebate provided under the medical assistance program for any
prescription drug distributed by the manufacturer that is purchased at a participating
pharmacy by an enrolled individual. The participating manufacturer must provide full
payment within 38 days of receipt of the state invoice for the rebate, or according to
a schedule to be established by the commissioner. The commissioner shall deposit all
rebates received into the Minnesota prescription drug dedicated fund established under
subdivision 11. The manufacturer must provide the commissioner with any information
necessary to verify the rebate determined per drug.
new text end
new text begin Subd. 9. new text end
new text begin Payment to pharmacies. new text end
new text begin
Beginning January 1, 2008, the commissioner
shall distribute on a biweekly basis an amount that is equal to an amount collected under
subdivision 8 to each participating pharmacy based on the prescription drugs sold by that
pharmacy to enrolled individuals on or after January 1, 2008.
new text end
new text begin Subd. 10. new text end
new text begin Enrollment fee. new text end
new text begin
Beginning July 1, 2008, the commissioner shall establish
an annual enrollment fee that covers the commissioner's expenses for enrollment,
processing claims, and distributing rebates under this program.
new text end
new text begin Subd. 11. new text end
new text begin Dedicated fund; creation; use of fund. new text end
new text begin
(a) The Minnesota prescription
drug dedicated fund is established as an account in the state treasury. The commissioner
of finance shall credit to the dedicated fund all rebates paid under subdivision 8, any
federal funds received for the program, all enrollment fees paid by the enrollees, and
any appropriations or allocations designated for the fund. The commissioner of finance
shall ensure that fund money is invested under section 11A.25. All money earned by the
fund must be credited to the fund. The fund shall earn a proportionate share of the total
state annual investment income.
new text end
new text begin
(b) Money in the fund is appropriated to the commissioner to reimburse participating
pharmacies for prescription drugs provided to enrolled individuals under subdivision 6,
paragraph (b); to reimburse the commissioner for costs related to enrollment, processing
claims, and distributing rebates and for other reasonable administrative costs related to
administration of the prescription drug discount program; and to repay the appropriation
provided by law for this section. The commissioner must administer the program so that
the costs total no more than funds appropriated plus the drug rebate proceeds.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2007.
new text end
Sec. 23.
Minnesota Statutes 2004, section 256.975, subdivision 7, is amended to read:
Subd. 7.
Consumer information and assistance; Senior LinkAge.
(a) The
Minnesota Board on Aging shall operate a statewide information and assistance service
to aid older Minnesotans and their families in making informed choices about long-term
care options and health care benefits. Language services to persons with limited English
language skills may be made available. The service, known as Senior LinkAge Line, must
be available during business hours through a statewide toll-free number and must also
be available through the Internet.
(b) The service must assist older adults, caregivers, and providers in accessing
information about choices in long-term care services that are purchased through private
providers or available through public options. The service must:
(1) develop a comprehensive database that includes detailed listings in both
consumer- and provider-oriented formats;
(2) make the database accessible on the Internet and through other telecommunication
and media-related tools;
(3) link callers to interactive long-term care screening tools and make these tools
available through the Internet by integrating the tools with the database;
(4) develop community education materials with a focus on planning for long-term
care and evaluating independent living, housing, and service options;
(5) conduct an outreach campaign to assist older adults and their caregivers in
finding information on the Internet and through other means of communication;
(6) implement a messaging system for overflow callers and respond to these callers
by the next business day;
(7) link callers with county human services and other providers to receive more
in-depth assistance and consultation related to long-term care options; deleted text begin and
deleted text end
(8) new text begin provide information and assistance to inform older adults about reverse
mortgages, including the provisions of sections 47.58; 256B.0913, subdivision 17; and
462A.05, subdivision 42; and
new text end
new text begin (9)new text end link callers with quality profiles for nursing facilities and other providers
developed by the commissioner of health.
(c) The Minnesota Board on Aging shall conduct an evaluation of the effectiveness
of the statewide information and assistance, and submit this evaluation to the legislature
by December 1, 2002. The evaluation must include an analysis of funding adequacy, gaps
in service delivery, continuity in information between the service and identified linkages,
and potential use of private funding to enhance the service.
Sec. 24.
Minnesota Statutes 2004, section 256B.0625, is amended by adding a
subdivision to read:
new text begin Subd. 13i. new text end
new text begin Medicare Part D co-payments. new text end
new text begin
For recipients who are enrolled in a
Medicare Part D prescription drug plan or Medicare Advantage plan, medical assistance
covers the co-payments which the recipient is responsible for under the Medicare Part D
prescription drug plan or Medicare Advantage plan.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 25.
Minnesota Statutes 2004, section 256B.0625, is amended by adding a
subdivision to read:
new text begin Subd. 49. new text end
new text begin Lead risk assessments. new text end
new text begin
(a) Effective October 1, 2006, or six months after
federal approval, whichever is later, medical assistance covers lead risk assessments
provided by a lead risk assessor who is licensed by the commissioner of health under
section 144.9505 and employed by an assessing agency as defined in section 144.9501.
Medical assistance covers a onetime on-site investigation of a recipient's home or primary
residence to determine the existence of lead so long as the recipient is under the age of
21 and has a venous blood lead level as set forth in section 144.9504, subdivision 2,
paragraph (a).
new text end
new text begin
(b) Medical assistance reimbursement covers the lead risk assessor's time to
complete the following activities:
new text end
new text begin
(1) gathering samples;
new text end
new text begin
(2) interviewing family members;
new text end
new text begin
(3) gathering data, including meter readings; and
new text end
new text begin
(4) providing a report with the results of the investigation and options for reducing
lead-based paint hazards.
new text end
new text begin
Medical assistance coverage of lead risk assessment does not include testing of
environmental substances such as water, paint, or soil or any other laboratory services.
Medical assistance coverage of lead risk assessments is not included in the capitated
services for children enrolled in health plans through the prepaid medical assistance
program and the MinnesotaCare program.
new text end
new text begin
(c) Payment for lead risk assessment must be cost-based and must meet the criteria
for federal financial participation under the medical assistance program. The rate must
be based on allowable expenditures from statewide cost information gathered. Under
section 144.9507, subdivision 5, federal medical assistance funds may not replace existing
funding for lead-related activities. The nonfederal share of costs for services provided
under this subdivision must be from state or local funds and is the responsibility of the
agency providing the risk assessment. Eligible expenditures for the nonfederal share of
costs may not be made from federal funds or funds used to match other federal funds,
except as allowed for Indian tribes under federal law. Any federal disallowances are the
responsibility of the agency providing risk assessment services.
new text end
Sec. 26.
Minnesota Statutes 2005 Supplement, section 256B.075, subdivision 2,
is amended to read:
Subd. 2.
Fee-for-service.
(a) The commissioner shall develop and implement
a disease management program for medical assistance and general assistance medical
care recipients who are not enrolled in the prepaid medical assistance or prepaid general
assistance medical care programs and who are receiving services on a fee-for-service
basis. The commissioner may contract with an outside organization to provide deleted text begin thesedeleted text end
servicesnew text begin under this subdivisionnew text end .
(b) The commissioner shall seek any federal approval necessary to implement this
section and to obtain federal matching funds.
(c) The commissioner shall develop and implement a pilot intensive care
management program for medical assistance children with complex and chronic medical
issues who are not able to participate in the metro-based U Special Kids program due
to geographic distance.
new text begin
(d) The commissioner shall develop and implement an intensive care management
pilot program for children, adults, and families who have complex and chronic medical
conditions, or who are at high risk of developing them, and who receive their primary
care through a federally qualified health center or community clinic. For purposes of
this paragraph, "federally qualified health center" means an entity that is receiving a
grant under United States Code, title 42, section 254b, or, based on the recommendation
of the Health Resources and Services Administration within the Public Health Service,
is determined by the secretary to meet the requirements for receiving such a grant; and
"community clinic" means a clinic that is not a federally qualified health center, but is
certified by the Minnesota Department of Health as being eligible to receive a grant under
section 145.9268.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 27.
Minnesota Statutes 2005 Supplement, section 256B.0911, subdivision 1a,
is amended to read:
Subd. 1a.
Definitions.
For purposes of this section, the following definitions apply:
(a) "Long-term care consultation services" means:
(1) providing information and education to the general public regarding availability
of the services authorized under this section;
(2) an intake process that provides access to the services described in this section;
(3) assessment of the health, psychological, and social needs of referred individuals;
(4) assistance in identifying services needed to maintain an individual in the least
restrictive environment;
(5) providing recommendations on cost-effective community services that are
available to the individual;
(6) development of an individual's community support plannew text begin , which may include the
use of reverse mortgage payments to pay for services needed to maintain the individual in
the person's homenew text end ;
(7) providing information regarding eligibility for Minnesota health care programs;
(8) preadmission screening to determine the need for a nursing facility level of care;
(9) preliminary determination of Minnesota health care programs eligibility for
individuals who need a nursing facility level of care, with appropriate referrals for final
determination;
(10) providing recommendations for nursing facility placement when there are no
cost-effective community services available; and
(11) assistance to transition people back to community settings after facility
admission.
(b) "Minnesota health care programs" means the medical assistance program under
chapter 256B and the alternative care program under section 256B.0913.
Sec. 28.
Minnesota Statutes 2004, section 256B.0911, subdivision 3a, is amended to
read:
Subd. 3a.
Assessment and support planning.
(a) Persons requesting assessment,
services planning, or other assistance intended to support community-based living must be
visited by a long-term care consultation team within ten working days after the date on
which an assessment was requested or recommended. Assessments must be conducted
according to paragraphs (b) to (g).
(b) The county may utilize a team of either the social worker or public health nurse,
or both, to conduct the assessment in a face-to-face interview. The consultation team
members must confer regarding the most appropriate care for each individual screened or
assessed.
(c) The long-term care consultation team must assess the health and social needs of
the person, using an assessment form provided by the commissioner.
(d) The team must conduct the assessment in a face-to-face interview with the
person being assessed and the person's legal representative, if applicable.
(e) The team must provide the person, or the person's legal representative, with
written recommendations for facility- or community-based services. The team must
document that the most cost-effective alternatives available were offered to the individual.
For purposes of this requirement, "cost-effective alternatives" means community services
and living arrangements that cost the same as or less than nursing facility care.
(f) If the person chooses to use community-based services, the team must provide
the person or the person's legal representative with a written community support plan,
regardless of whether the individual is eligible for Minnesota health care programs.
The person may request assistance in developing a community support plan without
participating in a complete assessment.new text begin If the person chooses to obtain a reverse mortgage
under section 47.58 as part of the community support plan, the plan must include a
spending plan for the reverse mortgage payments.
new text end
(g) The team must give the person receiving assessment or support planning, or
the person's legal representative, materials supplied by the commissioner containing
the following information:
(1) the purpose of preadmission screening and assessment;
(2) information about Minnesota health care programsnew text begin and about reverse mortgages,
including the provisions of sections 47.58; 256B.0913, subdivision 17; and 462A.05,
subdivision 42new text end ;
(3) the person's freedom to accept or reject the recommendations of the team;
(4) the person's right to confidentiality under the Minnesota Government Data
Practices Act, chapter 13; and
(5) the person's right to appeal the decision regarding the need for nursing facility
level of care or the county's final decisions regarding public programs eligibility according
to section 256.045, subdivision 3.
Sec. 29.
Minnesota Statutes 2004, section 256B.0913, is amended by adding a
subdivision to read:
new text begin Subd. 17. new text end
new text begin Services for persons using reverse mortgages. new text end
new text begin
(a) Alternative care
services are available to a person who satisfies the following criteria:
new text end
new text begin
(1) the person qualifies for the reverse mortgage incentive program under section
462A.05, subdivision 42, and has received the final payment on a qualifying reverse
mortgage, or the person satisfies the criteria in section 462A.05, subdivision 42, paragraph
(b), clauses (1) to (5), and has otherwise obtained a reverse mortgage and payments
received from the reverse mortgage for a period of at least 24 months or in an amount of
at least $15,000 are used for services and supports, including basic shelter needs, home
maintenance, and modifications or adaptations, necessary to allow the person to remain in
the home as an alternative to a nursing facility placement; and
new text end
new text begin
(2) the person satisfies the eligibility criteria under this section, other than age,
income, and assets, and verifies that reverse mortgage expenditures were made according
to the spending plan established under section 256B.0911, if one has been established.
new text end
new text begin
(b) In addition to the other services provided under this section, a person who
qualifies under this subdivision shall not be assessed a monthly participation fee under
subdivision 12 nor be subject to an estate claim under section 256B.15 for services
received under this section.
new text end
new text begin
(c) The commissioner shall require a certification of loan satisfaction or other
documentation that the person qualifies under this subdivision.
new text end
Sec. 30.
Minnesota Statutes 2005 Supplement, section 256B.0918, subdivision 1,
is amended to read:
Subdivision 1.
Program criteria.
Beginning on or after October 1, 2005, within
the limits of appropriations specifically available for this purpose, the commissioner shall
provide funding to qualified provider applicants for employee scholarships for education
in nursing and other health care fields. Employee scholarships must be for a course of
study that is expected to lead to career advancement with the provider or in the field
of long-term care, including home care or care of persons with disabilities, or nursing.
Providers that secure this funding must use it to award scholarships to employees who
work an average of at least 20 hours per week for the provider. new text begin Executive new text end management
staffnew text begin without direct care dutiesnew text end , registered nurses, and therapists are not eligible to receive
scholarships under this section.
Sec. 31.
Minnesota Statutes 2005 Supplement, section 256B.0918, subdivision 3,
is amended to read:
Subd. 3.
Provider selection criteria.
To be considered for scholarship funding,
the provider shall submit a completed application within the time frame specified by the
commissioner. In awarding funding, the commissioner shall consider the following:
(1) the size of the provider as measured in annual billing to the medical assistance
program. To be eligible, a provider must receive at least deleted text begin $500,000deleted text end new text begin $300,000 new text end annually
in medical assistance payments;
(2) the percentage of employees meeting the scholarship program recipient
requirements;
(3) staff retention rates for paraprofessionals; and
(4) other criteria determined by the commissioner.
Sec. 32.
Minnesota Statutes 2005 Supplement, section 256B.0918, subdivision 4,
is amended to read:
Subd. 4.
Funding specifics.
Within the limits of appropriations specifically
available for this purpose, for the rate period beginning on or after October 1, 2005, to
September 30, 2007, the commissioner shall provide to each provider listed in subdivision
2 and awarded funds under subdivision 3 a medical assistance rate increase to fund
scholarships up to deleted text begin two-tenthsdeleted text end new text begin three-tenths new text end percent of the medical assistance reimbursement
rate. The commissioner shall require providers to repay any portion of funds awarded
under subdivision 3 that is not used to fund scholarships. If applications exceed available
funding, funding shall be targeted to providers that employ a higher percentage of
paraprofessional staff or have lower rates of turnover of paraprofessional staff. During
the subsequent years of the program, the rate adjustment may be recalculated, at the
discretion of the commissioner. In making a recalculation the commissioner may consider
the provider's success at granting scholarships based on the amount spent during the
previous year and the availability of appropriations to continue the program.
Sec. 33.
Minnesota Statutes 2004, section 256B.15, is amended by adding a
subdivision to read:
new text begin Subd. 9. new text end
new text begin Recovery of alternative care and certain reverse mortgages. new text end
new text begin
The state
and a county agency shall not recover alternative care paid for a person under section
256B.0913, subdivision 17, under this section.
new text end
Sec. 34.
Minnesota Statutes 2005 Supplement, section 256B.434, subdivision 4,
is amended to read:
Subd. 4.
Alternate rates for nursing facilities.
(a) For nursing facilities which
have their payment rates determined under this section rather than section 256B.431, the
commissioner shall establish a rate under this subdivision. The nursing facility must enter
into a written contract with the commissioner.
(b) A nursing facility's case mix payment rate for the first rate year of a facility's
contract under this section is the payment rate the facility would have received under
section 256B.431.
(c) A nursing facility's case mix payment rates for the second and subsequent years
of a facility's contract under this section are the previous rate year's contract payment
rates plus an inflation adjustment and, for facilities reimbursed under this section or
section 256B.431, an adjustment to include the cost of any increase in Health Department
licensing fees for the facility taking effect on or after July 1, 2001. The index for the
inflation adjustment must be based on the change in the Consumer Price Index-All Items
(United States City average) (CPI-U) forecasted by the commissioner of finance's national
economic consultant, as forecasted in the fourth quarter of the calendar year preceding
the rate year. The inflation adjustment must be based on the 12-month period from the
midpoint of the previous rate year to the midpoint of the rate year for which the rate is
being determined. For the rate years beginning on July 1, 1999, July 1, 2000, July 1, 2001,
July 1, 2002, July 1, 2003, July 1, 2004, July 1, 2005, July 1, 2006, July 1, 2007, and July
1, 2008, this paragraph shall apply only to the property-related payment rate, except
that adjustments to include the cost of any increase in Health Department licensing fees
taking effect on or after July 1, 2001, shall be provided. Beginning in 2005, adjustment to
the property payment rate under this section and section 256B.431 shall be effective on
October 1. In determining the amount of the property-related payment rate adjustment
under this paragraph, the commissioner shall determine the proportion of the facility's
rates that are property-related based on the facility's most recent cost report. Beginning
October 1, 2006, facilities reimbursed under this section shall be allowed to receive a
property rate adjustment for building projects under section 144A.071, subdivision 2.
new text begin
(d) The commissioner shall develop additional incentive-based payments of up to
five percent above a facility's operating payment rate for achieving outcomes specified
in a contract. The commissioner may solicit contract amendments and implement those
which, on a competitive basis, best meet the state's policy objectives. The commissioner
shall limit the amount of any incentive payment and the number of contract amendments
under this paragraph to operate the incentive payments within funds appropriated for this
purpose. The contract amendments may specify various levels of payment for various
levels of performance. Incentive payments to facilities under this paragraph may be in
the form of time-limited rate adjustments or supplemental payments. In establishing the
specified outcomes and related criteria, the commissioner shall consider the following
state policy objectives:
new text end
new text begin
(1) successful diversion or discharge of residents to the residents' prior home or
other community-based alternatives;
new text end
new text begin
(2) adoption of new technology to improve quality or efficiency;
new text end
new text begin
(3) improved quality as measured in the Nursing Home Report Card;
new text end
new text begin
(4) reduced acute care costs; and
new text end
new text begin
(5) any additional outcomes proposed by a nursing facility that the commissioner
finds desirable.
new text end
Sec. 35.
Minnesota Statutes 2004, section 256B.437, subdivision 3, is amended to read:
Subd. 3.
Applications for planned closure of nursing facilities.
(a) By August
15, 2001, the commissioner of human services shall implement and announce a program
for closure or partial closure of nursing facilities. Names and identifying information
provided in response to the announcement shall remain private unless approved, according
to the timelines established in the plan. The announcement must specify:
(1) the criteria in subdivision 4 that will be used by the commissioner to approve or
reject applications;
(2) the information that must accompany an application; and
(3) that applications may combine planned closure rate adjustments with moratorium
exception funding, in which case a single application may serve both purposes.
Between August 1, 2001, and June 30, 2003, the commissioner may approve planned
closures of up to 5,140 nursing facility beds, less the number of beds delicensed in
facilities during the same time period without approved closure plans or that have notified
the commissioner of health of their intent to close without an approved closure plan.
Beginning July 1, 2004, the commissioner may negotiate a planned closure for nursing
facilities providing the proposal has no cost to the state.
(b) A facility or facilities reimbursed under section 256B.431 or 256B.434 with a
closure plan approved by the commissioner under subdivision 5 may assign a planned
closure rate adjustment to another facility or facilities that are not closing or in the case of
a partial closure, to the facility undertaking the partial closure. A facility may also elect to
have a planned closure rate adjustment shared equally by the five nursing facilities with
the lowest total operating payment rates in the state development region designated under
section 462.385, in which the facility that is closing is located. The planned closure
rate adjustment must be calculated under subdivision 6. Facilities that delicense beds
without a closure plan, or whose closure plan is not approved by the commissioner, are not
eligible to assign a planned closure rate adjustment under subdivision 6, unless they are
delicensing five or fewer beds, or less than six percent of their total licensed bed capacity,
whichever is greater, are located in a county in the top three quartiles of beds per 1,000
persons aged 65 or older, and have not delicensed beds in the prior three months. Facilities
meeting these criteria are eligible to assign the amount calculated under subdivision 6 to
themselves. If a facility is delicensing the greater of six or more beds, or six percent or
more of its total licensed bed capacity, and does not have an approved closure plan or is
not eligible for the adjustment under subdivision 6, the commissioner shall calculate the
amount the facility would have been eligible to assign under subdivision 6, and shall use
this amount to provide equal rate adjustments to the five nursing facilities with the lowest
total operating payment rates in the state development region designated under section
462.385, in which the facility that delicensed beds is located.
(c) To be considered for approval, an application must include:
(1) a description of the proposed closure plan, which must include identification of
the facility or facilities to receive a planned closure rate adjustment;
(2) the proposed timetable for any proposed closure, including the proposed dates
for announcement to residents, commencement of closure, and completion of closure;
(3) if available, the proposed relocation plan for current residents of any facility
designated for closure. If a relocation plan is not available, the application must include a
statement agreeing to develop a relocation plan designed to comply with section 144A.161;
(4) a description of the relationship between the nursing facility that is proposed for
closure and the nursing facility or facilities proposed to receive the planned closure rate
adjustment. If these facilities are not under common ownership, copies of any contracts,
purchase agreements, or other documents establishing a relationship or proposed
relationship must be provided;
(5) documentation, in a format approved by the commissioner, that all the nursing
facilities receiving a planned closure rate adjustment under the plan have accepted joint
and several liability for recovery of overpayments under section 256B.0641, subdivision
2, for the facilities designated for closure under the plan; and
(6) an explanation of how the application coordinates with planning efforts under
subdivision 2. If the planning group does not support a level of nursing facility closures
that the commissioner considers to be reasonable, the commissioner may approve a
planned closure proposal without its support.
(d) The application must address the criteria listed in subdivision 4.
new text begin
(e) After April 1, 2006, in consideration of the authority provided in section
144A.071, subdivision 4c, paragraph (a), clause (4), the commissioner shall not approve
an application for planned closure and shall not provide a planned closure rate adjustment
under this subdivision, and shall not provide a single-bed incentive under section
256B.431, subdivision 42, for any bed closures in Cass County.
new text end
Sec. 36.
Minnesota Statutes 2004, section 256B.69, subdivision 9, is amended to read:
Subd. 9.
Reporting.
new text begin (a) new text end Each demonstration provider shall submit information as
required by the commissioner, including data required for assessing client satisfaction,
quality of care, cost, and utilization of services for purposes of project evaluation. The
commissioner shall also develop methods of data new text begin reporting and new text end collection deleted text begin from county
advocacy activitiesdeleted text end in order to provide aggregate enrollee information on encounters
and outcomes to determine access and quality assurance. Required information shall be
specified before the commissioner contracts with a demonstration provider.
new text begin
(b) Aggregate nonpersonally identifiable health plan encounter data, aggregate
spending data for major categories of service as reported to the commissioners of health
and commerce under section 62D.08, subdivision 3, and criteria for service authorization
and service use are public data that the commissioner shall make available and use
in public reports. The commissioner shall require each health plan and county-based
purchasing plan to provide:
new text end
new text begin
(1) encounter data for each service provided, using standard codes and unit of
service definitions set by the commissioner, in a form that the commissioner can report by
age, eligibility groups, and health plan; and
new text end
new text begin
(2) criteria, written policies, and procedures required to be disclosed under section
62M.10, subdivision 7, and Code of Federal Regulations, title 42, part 438.210(b)(1), used
for each type of service for which authorization is required.
new text end
Sec. 37.
Minnesota Statutes 2005 Supplement, section 256B.69, subdivision 23,
is amended to read:
Subd. 23.
Alternative services; elderly and disabled persons.
(a) The
commissioner may implement demonstration projects to create alternative integrated
delivery systems for acute and long-term care services to elderly persons and persons
with disabilities as defined in section 256B.77, subdivision 7a, that provide increased
coordination, improve access to quality services, and mitigate future cost increases.
The commissioner may seek federal authority to combine Medicare and Medicaid
capitation payments for the purpose of such demonstrationsnew text begin and may contract with
Medicare-approved special needs plans to provide Medicaid servicesnew text end . Medicare funds and
services shall be administered according to the terms and conditions of the federal waiver
and demonstration provisions. For the purpose of administering medical assistance funds,
demonstrations under this subdivision are subject to subdivisions 1 to 22. The provisions
of Minnesota Rules, parts 9500.1450 to 9500.1464, apply to these demonstrations, with the
exceptions of parts 9500.1452, subpart 2, item B; and 9500.1457, subpart 1, items B and
C, which do not apply to persons enrolling in demonstrations under this section. An initial
open enrollment period may be provided. Persons who disenroll from demonstrations
under this subdivision remain subject to Minnesota Rules, parts 9500.1450 to 9500.1464.
When a person is enrolled in a health plan under these demonstrations and the health
plan's participation is subsequently terminated for any reason, the person shall be provided
an opportunity to select a new health plan and shall have the right to change health plans
within the first 60 days of enrollment in the second health plan. Persons required to
participate in health plans under this section who fail to make a choice of health plan shall
not be randomly assigned to health plans under these demonstrations. Notwithstanding
section 256L.12, subdivision 5, and Minnesota Rules, part 9505.5220, subpart 1, item A,
if adopted, for the purpose of demonstrations under this subdivision, the commissioner
may contract with managed care organizations, including counties, to serve only elderly
persons eligible for medical assistance, elderly and disabled persons, or disabled persons
only. For persons with primary diagnoses of mental retardation or a related condition,
serious and persistent mental illness, or serious emotional disturbance, the commissioner
must ensure that the county authority has approved the demonstration and contracting
design. Enrollment in these projects for persons with disabilities shall be voluntary. The
commissioner shall not implement any demonstration project under this subdivision for
persons with primary diagnoses of mental retardation or a related condition, serious and
persistent mental illness, or serious emotional disturbance, without approval of the county
board of the county in which the demonstration is being implemented.
(b) Notwithstanding chapter 245B, sections 252.40 to 252.46, 256B.092, 256B.501
to 256B.5015, and Minnesota Rules, parts 9525.0004 to 9525.0036, 9525.1200 to
9525.1330, 9525.1580, and 9525.1800 to 9525.1930, the commissioner may implement
under this section projects for persons with developmental disabilities. The commissioner
may capitate payments for ICF/MR services, waivered services for mental retardation or
related conditions, including case management services, day training and habilitation and
alternative active treatment services, and other services as approved by the state and by the
federal government. Case management and active treatment must be individualized and
developed in accordance with a person-centered plan. Costs under these projects may not
exceed costs that would have been incurred under fee-for-service. Beginning July 1, 2003,
and until two years after the pilot project implementation date, subcontractor participation
in the long-term care developmental disability pilot is limited to a nonprofit long-term
care system providing ICF/MR services, home and community-based waiver services,
and in-home services to no more than 120 consumers with developmental disabilities in
Carver, Hennepin, and Scott Counties. The commissioner shall report to the legislature
prior to expansion of the developmental disability pilot project. This paragraph expires
two years after the implementation date of the pilot project.
(c) Before implementation of a demonstration project for disabled persons, the
commissioner must provide information to appropriate committees of the house of
representatives and senate and must involve representatives of affected disability groups
in the design of the demonstration projects.
(d) A nursing facility reimbursed under the alternative reimbursement methodology
in section 256B.434 may, in collaboration with a hospital, clinic, or other health care entity
provide services under paragraph (a). The commissioner shall amend the state plan and
seek any federal waivers necessary to implement this paragraph.
(e) The commissioner, in consultation with the commissioners of commerce and
health, may approve and implement programs for all-inclusive care for the elderly (PACE)
according to federal laws and regulations governing that program and state laws or rules
applicable to participating providers. The process for approval of these programs shall
begin only after the commissioner receives grant money in an amount sufficient to cover
the state share of the administrative and actuarial costs to implement the programs during
state fiscal years 2006 and 2007. Grant amounts for this purpose shall be deposited in an
account in the special revenue fund and are appropriated to the commissioner to be used
solely for the purpose of PACE administrative and actuarial costs. A PACE provider is
not required to be licensed or certified as a health plan company as defined in section
62Q.01, subdivision 4. Persons age 55 and older who have been screened by the county
and found to be eligible for services under the elderly waiver or community alternatives
for disabled individuals or who are already eligible for Medicaid but meet level of
care criteria for receipt of waiver services may choose to enroll in the PACE program.
Medicare and Medicaid services will be provided according to this subdivision and
federal Medicare and Medicaid requirements governing PACE providers and programs.
PACE enrollees will receive Medicaid home and community-based services through the
PACE provider as an alternative to services for which they would otherwise be eligible
through home and community-based waiver programs and Medicaid State Plan Services.
The commissioner shall establish Medicaid rates for PACE providers that do not exceed
costs that would have been incurred under fee-for-service or other relevant managed care
programs operated by the state.
(f) The commissioner shall seek federal approval to expand the Minnesota disability
health options (MnDHO) program established under this subdivision in stages, first to
regional population centers outside the seven-county metro area and then to all areas
of the state.new text begin Until January 1, 2008, expansion for MnDHO projects that include home
and community-based services is limited to the two projects and service areas in effect
on March 1, 2006. Enrollment in integrated MnDHO programs that include home and
community-based services shall remain voluntary. Costs for home and community-based
services included under MnDHO must not exceed costs that would have been incurred
under the fee-for-service program. In developing program specifications for expansion of
integrated programs, the commissioner shall involve and consult the state-level stakeholder
group established in subdivision 28, paragraph (d), including consultation on whether and
how to include home and community-based waiver programs. Plans for further expansion
of MnDHO projects shall be presented to the chairs of the house and senate committees
with jurisdiction over health and human services policy and finance by February 1, 2007.
new text end
(g) Notwithstanding section 256B.0261, health plans providing services under this
section are responsible for home care targeted case management and relocation targeted
case management. Services must be provided according to the terms of the waivers and
contracts approved by the federal government.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 38.
Minnesota Statutes 2004, section 256B.69, is amended by adding a
subdivision to read:
new text begin Subd. 28. new text end
new text begin
Medicare special needs plans and medical assistance basic health
care for persons with disabilities.
new text end
new text begin
(a) The commissioner may contract with qualified
Medicare-approved special needs plans to provide medical assistance basic health care
services to persons with disabilities, including those with developmental disabilities.
Basic health care services include:
new text end
new text begin
(1) those services covered by the medical assistance state plan except for ICF/MR
services, home and community-based waiver services, case management for persons with
developmental disabilities under section 256B.0625, subdivision 20a, and personal care
and certain home care services defined by the commissioner in consultation with the
stakeholder group established under paragraph (d); and
new text end
new text begin
(2) basic health care services may also include risk for up to 100 days of nursing
facility services for persons who reside in a noninstitutional setting and home health
services related to rehabilitation as defined by the commissioner after consultation with
the stakeholder group.
new text end
new text begin
The commissioner may exclude other medical assistance services from the basic
health care benefit set. Enrollees in these plans can access any excluded services on the
same basis as other medical assistance recipients who have not enrolled. Unless a person
is otherwise required to enroll in managed care, enrollment in these plans for Medicaid
services must be voluntary. For purposes of this subdivision, automatic enrollment with an
option to opt out is not voluntary enrollment.
new text end
new text begin
(b) Beginning January 1, 2007, the commissioner may contract with qualified
Medicare special needs plans to provide basic health care services under medical
assistance to persons who are dually eligible for both Medicare and Medicaid and those
Social Security beneficiaries eligible for Medicaid but in the waiting period for Medicare.
The commissioner shall consult with the stakeholder group under paragraph (d) in
developing program specifications for these services. The commissioner shall report to
the chairs of the house and senate committees with jurisdiction over health and human
services policy and finance by February 1, 2007, on implementation of these programs and
the need for increased funding for the ombudsman for managed care and other consumer
assistance and protections needed due to enrollment in managed care of persons with
disabilities. Payment for Medicaid services provided under this subdivision for the months
of May and June will be made no earlier than July 1 of the same calendar year.
new text end
new text begin
(c) Beginning January 1, 2008, the commissioner may expand contracting under this
subdivision to all persons with disabilities not otherwise required to enroll in managed
care.
new text end
new text begin
(d) The commissioner shall establish a state-level stakeholder group to provide
advice on managed care programs for persons with disabilities, including both MnDHO
and contracts with special needs plans that provide basic health care services as described
in paragraphs (a) and (b). The stakeholder group shall provide advice on program
expansions under this subdivision and subdivision 23, including:
new text end
new text begin
(1) implementation efforts;
new text end
new text begin
(2) consumer protections; and
new text end
new text begin
(3) program specifications such as quality assurance measures, data collection and
reporting, and evaluation of costs, quality, and results.
new text end
new text begin
(e) Each plan under contract to provide medical assistance basic health care services
shall establish a local or regional stakeholder group, including representatives of the
counties covered by the plan, members, consumer advocates, and providers, for advice on
issues that arise in the local or regional area.
new text end
Sec. 39.
Minnesota Statutes 2004, section 256B.76, is amended to read:
256B.76 PHYSICIAN AND DENTAL REIMBURSEMENT.
(a) Effective for services rendered on or after October 1, 1992, the commissioner
shall make payments for physician services as follows:
(1) payment for level one Centers for Medicare and Medicaid Services' common
procedural coding system codes titled "office and other outpatient services," "preventive
medicine new and established patient," "delivery, antepartum, and postpartum care,"
"critical care," cesarean delivery and pharmacologic management provided to psychiatric
patients, and level three codes for enhanced services for prenatal high risk, shall be paid
at the lower of (i) submitted charges, or (ii) 25 percent above the rate in effect on June
30, 1992. If the rate on any procedure code within these categories is different than the
rate that would have been paid under the methodology in section 256B.74, subdivision 2,
then the larger rate shall be paid;
(2) payments for all other services shall be paid at the lower of (i) submitted charges,
or (ii) 15.4 percent above the rate in effect on June 30, 1992;
(3) all physician rates shall be converted from the 50th percentile of 1982 to the 50th
percentile of 1989, less the percent in aggregate necessary to equal the above increases
except that payment rates for home health agency services shall be the rates in effect
on September 30, 1992;
(4) effective for services rendered on or after January 1, 2000, payment rates for
physician and professional services shall be increased by three percent over the rates in
effect on December 31, 1999, except for home health agency and family planning agency
services; and
(5) the increases in clause (4) shall be implemented January 1, 2000, for managed
care.
(b) Effective for services rendered on or after October 1, 1992, the commissioner
shall make payments for dental services as follows:
(1) dental services shall be paid at the lower of (i) submitted charges, or (ii) 25
percent above the rate in effect on June 30, 1992;
(2) dental rates shall be converted from the 50th percentile of 1982 to the 50th
percentile of 1989, less the percent in aggregate necessary to equal the above increases;
(3) effective for services rendered on or after January 1, 2000, payment rates for
dental services shall be increased by three percent over the rates in effect on December
31, 1999;
(4) the commissioner shall award grants to community clinics or other nonprofit
community organizations, political subdivisions, professional associations, or other
organizations that demonstrate the ability to provide dental services effectively to public
program recipients. Grants may be used to fund the costs related to coordinating access for
recipients, developing and implementing patient care criteria, upgrading or establishing
new facilities, acquiring furnishings or equipment, recruiting new providers, or other
development costs that will improve access to dental care in a region. In awarding grants,
the commissioner shall give priority to applicants that plan to serve areas of the state in
which the number of dental providers is not currently sufficient to meet the needs of
recipients of public programs or uninsured individuals. The commissioner shall consider
the following in awarding the grants:
(i) potential to successfully increase access to an underserved population;
(ii) the ability to raise matching funds;
(iii) the long-term viability of the project to improve access beyond the period
of initial funding;
(iv) the efficiency in the use of the funding; and
(v) the experience of the proposers in providing services to the target population.
The commissioner shall monitor the grants and may terminate a grant if the grantee
does not increase dental access for public program recipients. The commissioner shall
consider grants for the following:
(i) implementation of new programs or continued expansion of current access
programs that have demonstrated success in providing dental services in underserved
areas;
(ii) a pilot program for utilizing hygienists outside of a traditional dental office to
provide dental hygiene services; and
(iii) a program that organizes a network of volunteer dentists, establishes a system to
refer eligible individuals to volunteer dentists, and through that network provides donated
dental care services to public program recipients or uninsured individuals;
(5) beginning October 1, 1999, the payment for tooth sealants and fluoride treatments
shall be the lower of (i) submitted charge, or (ii) 80 percent of median 1997 charges;
(6) the increases listed in clauses (3) and (5) shall be implemented January 1, 2000,
for managed care; and
(7) effective for services provided on or after January 1, 2002, payment for
diagnostic examinations and dental x-rays provided to children under age 21 shall be the
lower of (i) the submitted charge, or (ii) 85 percent of median 1999 charges.
(c) Effective for dental services rendered on or after deleted text begin January 1, 2002deleted text end new text begin July 1, 2006new text end ,
the commissioner deleted text begin may, within the limits of available appropriation,deleted text end new text begin shall new text end increase
reimbursements to dentists and dental clinics deemed by the commissioner to be critical
access dental providersdeleted text begin . Reimbursement to a critical access dental provider may be
increaseddeleted text end by deleted text begin not more than 50deleted text end new text begin 6.88 new text end percent above the reimbursement rate that would
otherwise be paid to the provider. Payments to deleted text begin health plan companiesdeleted text end new text begin prepaid health plans
new text end shall be adjusted to reflect increased reimbursements to critical access dental providers as
approved by the commissioner. In determining which dentists and dental clinics shall be
deemed critical access dental providers, the commissioner shall review:
(1) the utilization rate in the service area in which the dentist or dental clinic operates
for dental services to patients covered by medical assistance, general assistance medical
care, or MinnesotaCare as their primary source of coverage;
(2) the level of services provided by the dentist or dental clinic to patients covered
by medical assistance, general assistance medical care, or MinnesotaCare as their primary
source of coverage; and
(3) whether the level of services provided by the dentist or dental clinic is critical to
maintaining adequate levels of patient access within the service area.
new text begin
(d) The commissioner shall award special hardship grants to nonprofit dental
providers with a high proportion of uninsured patients that equals or exceeds 15 percent
of the total number of patients served by that provider and the provider does not receive
a financial benefit comparable to other critical access dental providers under the critical
access dental provider formula described in paragraph (c). The commissioner shall award
a grant to these providers allocated in proportion to each critical access dental provider's
ratio of uninsured patients to the total number of patients served by all providers who
qualify for a grant under this paragraph.
new text end
In the absence of a critical access dental provider in a service area, the commissioner may
designate a dentist or dental clinic as a critical access dental provider if the dentist or
dental clinic is willing to provide care to patients covered by medical assistance, general
assistance medical care, or MinnesotaCare at a level which significantly increases access
to dental care in the service area.
deleted text begin (d)deleted text end new text begin (e)new text end An entity that operates both a Medicare certified comprehensive outpatient
rehabilitation facility and a facility which was certified prior to January 1, 1993, that is
licensed under Minnesota Rules, parts 9570.2000 to 9570.3600, and for whom at least 33
percent of the clients receiving rehabilitation services in the most recent calendar year are
medical assistance recipients, shall be reimbursed by the commissioner for rehabilitation
services at rates that are 38 percent greater than the maximum reimbursement rate
allowed under paragraph (a), clause (2), when those services are (1) provided within the
comprehensive outpatient rehabilitation facility and (2) provided to residents of nursing
facilities owned by the entity.
deleted text begin (e)deleted text end new text begin (f)new text end Effective for services rendered on or after January 1, 2007, the commissioner
shall make payments for physician and professional services based on the Medicare
relative value units (RVUs). This change shall be budget neutral and the cost of
implementing RVUs will be incorporated in the established conversion factor.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 40.
Minnesota Statutes 2005 Supplement, section 256D.03, subdivision 3, is
amended to read:
Subd. 3.
General assistance medical care; eligibility.
(a) General assistance
medical care may be paid for any person who is not eligible for medical assistance under
chapter 256B, including eligibility for medical assistance based on a spenddown of excess
income according to section 256B.056, subdivision 5, or MinnesotaCare as defined in
paragraph (b), except as provided in paragraph (c), and:
(1) who is receiving assistance under section 256D.05, except for families with
children who are eligible under Minnesota family investment program (MFIP), or who is
having a payment made on the person's behalf under sections 256I.01 to 256I.06; or
(2) who is a resident of Minnesota; and
(i) who has gross countable income not in excess of 75 percent of the federal poverty
guidelines for the family size, using a six-month budget period and whose equity in assets
is not in excess of $1,000 per assistance unit. Exempt assets, the reduction of excess
assets, and the waiver of excess assets must conform to the medical assistance program in
section 256B.056, subdivision 3, with the following exception: the maximum amount of
undistributed funds in a trust that could be distributed to or on behalf of the beneficiary by
the trustee, assuming the full exercise of the trustee's discretion under the terms of the
trust, must be applied toward the asset maximum;
(ii) who has gross countable income above 75 percent of the federal poverty
guidelines but not in excess of 175 percent of the federal poverty guidelines for the
family size, using a six-month budget period, whose equity in assets is not in excess
of the limits in section 256B.056, subdivision 3c, and who applies during an inpatient
hospitalization; or
(iii) the commissioner shall adjust the income standards under this section each July
1 by the annual update of the federal poverty guidelines following publication by the
United States Department of Health and Human Services.
(b) Effective for applications and renewals processed on or after September 1, 2006,
general assistance medical care may not be paid for applicants or recipients who are adults
with dependent children under 21 whose gross family income is equal to or less than 275
percent of the federal poverty guidelines who are not described in paragraph (e).
(c) Effective for applications and renewals processed on or after September 1, 2006,
general assistance medical care may be paid for applicants and recipients who meet all
eligibility requirements of paragraph (a), clause (2), item (i), for a temporary period
beginning the date of application. Immediately following approval of general assistance
medical care, enrollees shall be enrolled in MinnesotaCare under section 256L.04,
subdivision 7, with covered services as provided in section 256L.03 for the rest of the
six-month eligibility period, until their six-month renewal.
(d) To be eligible for general assistance medical care following enrollment in
MinnesotaCare as required by paragraph (c), an individual must complete a new
application.
(e) Applicants and recipients eligible under paragraph (a), clause (1)deleted text begin , ordeleted text end new text begin ;new text end who have
applied for and are awaiting a determination of blindness or disability by the state medical
review team or a determination of eligibility for Supplemental Security Income or Social
Security Disability Insurance by the Social Security Administrationdeleted text begin , ordeleted text end new text begin ;new text end who fail to meet
the requirements of section 256L.09, subdivision 2deleted text begin ,deleted text end new text begin ; who are classified as end-stage renal
disease beneficiaries in the Medicare program; who are enrolled in private health care
coverage as defined in section 256B.02, subdivision 9; who are eligible under paragraph
(j); or who receive treatment funded pursuant to section 254B.02 new text end are exempt from the
MinnesotaCare enrollment requirements of this subdivision.
(f) For applications received on or after October 1, 2003, eligibility may begin no
earlier than the date of application. For individuals eligible under paragraph (a), clause
(2), item (i), a redetermination of eligibility must occur every 12 months. Individuals are
eligible under paragraph (a), clause (2), item (ii), only during inpatient hospitalization but
may reapply if there is a subsequent period of inpatient hospitalization.
(g) Beginning September 1, 2006, Minnesota health care program applications and
renewals completed by recipients and applicants who are persons described in paragraph
(c) and submitted to the county agency shall be determined for MinnesotaCare eligibility
by the county agency. If all other eligibility requirements of this subdivision are met,
eligibility for general assistance medical care shall be available in any month during which
MinnesotaCare enrollment is pending. Upon notification of eligibility for MinnesotaCare,
notice of termination for eligibility for general assistance medical care shall be sent to
an applicant or recipient. If all other eligibility requirements of this subdivision are
met, eligibility for general assistance medical care shall be available until enrollment in
MinnesotaCare subject to the provisions of paragraphs (c), (e), and (f).
(h) The date of an initial Minnesota health care program application necessary to
begin a determination of eligibility shall be the date the applicant has provided a name,
address, and Social Security number, signed and dated, to the county agency or the
Department of Human Services. If the applicant is unable to provide a name, address,
Social Security number, and signature when health care is delivered due to a medical
condition or disability, a health care provider may act on an applicant's behalf to establish
the date of an initial Minnesota health care program application by providing the county
agency or Department of Human Services with provider identification and a temporary
unique identifier for the applicant. The applicant must complete the remainder of the
application and provide necessary verification before eligibility can be determined. The
county agency must assist the applicant in obtaining verification if necessary.
(i) County agencies are authorized to use all automated databases containing
information regarding recipients' or applicants' income in order to determine eligibility
for general assistance medical care or MinnesotaCare. Such use shall be considered
sufficient in order to determine eligibility and premium payments by the county agency.
(j) General assistance medical care is not available for a person in a correctional
facility unless the person is detained by law for less than one year in a county correctional
or detention facility as a person accused or convicted of a crime, or admitted as an
inpatient to a hospital on a criminal hold order, and the person is a recipient of general
assistance medical care at the time the person is detained by law or admitted on a criminal
hold order and as long as the person continues to meet other eligibility requirements
of this subdivision.
(k) General assistance medical care is not available for applicants or recipients who
do not cooperate with the county agency to meet the requirements of medical assistance.
(l) In determining the amount of assets of an individual eligible under paragraph
(a), clause (2), item (i), there shall be included any asset or interest in an asset, including
an asset excluded under paragraph (a), that was given away, sold, or disposed of for
less than fair market value within the 60 months preceding application for general
assistance medical care or during the period of eligibility. Any transfer described in this
paragraph shall be presumed to have been for the purpose of establishing eligibility for
general assistance medical care, unless the individual furnishes convincing evidence to
establish that the transaction was exclusively for another purpose. For purposes of this
paragraph, the value of the asset or interest shall be the fair market value at the time it
was given away, sold, or disposed of, less the amount of compensation received. For any
uncompensated transfer, the number of months of ineligibility, including partial months,
shall be calculated by dividing the uncompensated transfer amount by the average monthly
per person payment made by the medical assistance program to skilled nursing facilities
for the previous calendar year. The individual shall remain ineligible until this fixed period
has expired. The period of ineligibility may exceed 30 months, and a reapplication for
benefits after 30 months from the date of the transfer shall not result in eligibility unless
and until the period of ineligibility has expired. The period of ineligibility begins in the
month the transfer was reported to the county agency, or if the transfer was not reported,
the month in which the county agency discovered the transfer, whichever comes first. For
applicants, the period of ineligibility begins on the date of the first approved application.
(m) When determining eligibility for any state benefits under this subdivision,
the income and resources of all noncitizens shall be deemed to include their sponsor's
income and resources as defined in the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996, title IV, Public Law 104-193, sections 421 and 422, and
subsequently set out in federal rules.
(n) Undocumented noncitizens and nonimmigrants are ineligible for general
assistance medical care. For purposes of this subdivision, a nonimmigrant is an individual
in one or more of the classes listed in United States Code, title 8, section 1101(a)(15), and
an undocumented noncitizen is an individual who resides in the United States without the
approval or acquiescence of the Immigration and Naturalization Service.
(o) Notwithstanding any other provision of law, a noncitizen who is ineligible for
medical assistance due to the deeming of a sponsor's income and resources, is ineligible
for general assistance medical care.
(p) Effective July 1, 2003, general assistance medical care emergency services end.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective September 1, 2006.
new text end
Sec. 41.
Minnesota Statutes 2005 Supplement, section 256L.01, subdivision 4, is
amended to read:
Subd. 4.
Gross individual or gross family income.
(a) "Gross individual or gross
family income" for nonfarm self-employed means income calculated for the six-month
period of eligibility using the net profit or loss reported on the applicant's federal income
tax form for the previous year and using the medical assistance families with children
methodology for determining allowable and nonallowable self-employment expenses and
countable income.
(b) "Gross individual or gross family income" for farm self-employed means income
calculated for the six-month period of eligibility using as the baseline the adjusted gross
income reported on the applicant's federal income tax form for the previous year deleted text begin and
adding back in reported depreciation amounts that apply to the business in which the
family is currently engageddeleted text end .
(c) "Gross individual or gross family income" means the total income for all family
members, calculated for the six-month period of eligibility.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2007, or upon federal
approval, whichever is later.
new text end
Sec. 42.
Minnesota Statutes 2005 Supplement, section 256L.03, subdivision 1, is
amended to read:
Subdivision 1.
Covered health services.
deleted text begin For individuals under section 256L.04,
subdivision 7, with income no greater than 75 percent of the federal poverty guidelines
or for families with children under section 256L.04, subdivision 1, all subdivisions of
this section apply.deleted text end "Covered health services" means the health services reimbursed
under chapter 256B, with the exception of inpatient hospital services, special education
services, private duty nursing services, adult dental care services other than services
covered under section 256B.0625, subdivision 9, orthodontic services, nonemergency
medical transportation services, personal care assistant and case management services,
nursing home or intermediate care facilities services, inpatient mental health services,
and chemical dependency services. Outpatient mental health services covered under the
MinnesotaCare program are limited to diagnostic assessments, psychological testing,
explanation of findings, mental health telemedicine, psychiatric consultation, medication
management by a physician, day treatment, partial hospitalization, and individual, family,
and group psychotherapy.
No public funds shall be used for coverage of abortion under MinnesotaCare
except where the life of the female would be endangered or substantial and irreversible
impairment of a major bodily function would result if the fetus were carried to term; or
where the pregnancy is the result of rape or incest.
Covered health services shall be expanded as provided in this section.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2007.
new text end
Sec. 43.
Minnesota Statutes 2004, section 256L.03, subdivision 3, is amended to read:
Subd. 3.
Inpatient hospital services.
(a) Covered health services shall include
inpatient hospital services, including inpatient hospital mental health services and inpatient
hospital and residential chemical dependency treatment, subject to those limitations
necessary to coordinate the provision of these services with eligibility under the medical
assistance spenddown. deleted text begin Prior to July 1, 1997, the inpatient hospital benefit for adult
enrollees is subject to an annual benefit limit of $10,000.deleted text end The inpatient hospital benefit
for adult enrollees who qualify under section 256L.04, subdivision 7, or who qualify
under section 256L.04, subdivisions 1 and 2, with family gross income that exceeds
175 percent of the federal poverty guidelines and who are not pregnant, is subject to an
annual limit of deleted text begin $10,000deleted text end new text begin $20,000new text end .
(b) Admissions for inpatient hospital services paid for under section 256L.11,
subdivision 3, must be certified as medically necessary in accordance with Minnesota
Rules, parts 9505.0500 to 9505.0540, except as provided in clauses (1) and (2):
(1) all admissions must be certified, except those authorized under rules established
under section 254A.03, subdivision 3, or approved under Medicare; and
(2) payment under section 256L.11, subdivision 3, shall be reduced by five percent
for admissions for which certification is requested more than 30 days after the day of
admission. The hospital may not seek payment from the enrollee for the amount of the
payment reduction under this clause.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2007.
new text end
Sec. 44.
Minnesota Statutes 2005 Supplement, section 256L.03, subdivision 5, is
amended to read:
Subd. 5.
Co-payments and coinsurance.
(a) Except as provided in paragraphs (b)
and (c), the MinnesotaCare benefit plan shall include the following co-payments and
coinsurance requirements for all enrollees:
(1) ten percent of the paid charges for inpatient hospital services for adult enrollees,
subject to an annual inpatient out-of-pocket maximum of $1,000 per individual and
$3,000 per family;
(2) $3 per prescription for adult enrollees;
(3) $25 for eyeglasses for adult enrollees;
(4) $3 per nonpreventive visit. For purposes of this subdivision, a "visit" means an
episode of service which is required because of a recipient's symptoms, diagnosis, or
established illness, and which is delivered in an ambulatory setting by a physician or
physician ancillary, chiropractor, podiatrist, nurse midwife, advanced practice nurse,
audiologist, optician, or optometrist;new text begin and
new text end
(5) $6 for nonemergency visits to a hospital-based emergency roomdeleted text begin ; anddeleted text end new text begin .
new text end
deleted text begin
(6) 50 percent of the fee-for-service rate for adult dental care services other than
preventive care services for persons eligible under section deleted text begin 256L.04, subdivisions 1 to 7deleted text end ,
with income equal to or less than 175 percent of the federal poverty guidelines.
deleted text end
(b) Paragraph (a), clause (1), does not apply to parents and relative caretakers of
children under the age of 21 deleted text begin in households with family income equal to or less than 175
percent of the federal poverty guidelines. Paragraph (a), clause (1), does not apply to
parents and relative caretakers of children under the age of 21 in households with family
income greater than 175 percent of the federal poverty guidelines for inpatient hospital
admissions occurring on or after January 1, 2001deleted text end .
(c) Paragraph (a), clauses (1) to (4), do not apply to pregnant women and children
under the age of 21.
(d) Adult enrollees with family gross income that exceeds 175 percent of the
federal poverty guidelines and who are not pregnant shall be financially responsible for
the coinsurance amount, if applicable, and amounts which exceed the deleted text begin $10,000deleted text end new text begin $20,000new text end new text begin
new text end inpatient hospital benefit limit.
(e) When a MinnesotaCare enrollee becomes a member of a prepaid health
plan, or changes from one prepaid health plan to another during a calendar year, any
charges submitted towards the deleted text begin $10,000deleted text end new text begin $20,000new text end annual inpatient benefit limit, and any
out-of-pocket expenses incurred by the enrollee for inpatient services, that were submitted
or incurred prior to enrollment, or prior to the change in health plans, shall be disregarded.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2007.
new text end
Sec. 45.
Minnesota Statutes 2005 Supplement, section 256L.04, subdivision 1a,
is amended to read:
Subd. 1a.
Social Security number required.
(a) Individuals and families applying
for MinnesotaCare coverage must provide a Social Security number.new text begin This requirement
does not apply to an undocumented noncitizen or nonimmigrant who is eligible for
MinnesotaCare.
new text end
(b) The commissioner shall not deny eligibility to an otherwise eligible applicant
who has applied for a Social Security number and is awaiting issuance of that Social
Security number.
(c) Newborns enrolled under section 256L.05, subdivision 3, are exempt from the
requirements of this subdivision.
(d) Individuals who refuse to provide a Social Security number because of
well-established religious objections are exempt from the requirements of this subdivision.
The term "well-established religious objections" has the meaning given in Code of Federal
Regulations, title 42, section 435.910.
Sec. 46.
Minnesota Statutes 2004, section 256L.04, subdivision 7, is amended to read:
Subd. 7.
Single adults and households with no children.
The definition of eligible
persons includes all individuals and households with no children who have gross family
incomes that are equal to or less than deleted text begin 175deleted text end new text begin 200 new text end percent of the federal poverty guidelines.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2007.
new text end
Sec. 47.
Minnesota Statutes 2004, section 256L.04, subdivision 10, is amended to read:
Subd. 10.
Citizenship requirements.
new text begin (a) new text end Eligibility for MinnesotaCare is limited
to citizens new text begin or nationals new text end of the United States, qualified noncitizens, and other persons
residing lawfully in the United States as described in section 256B.06, subdivision 4,
paragraphs (a) to (e) and (j). Undocumented noncitizens and nonimmigrants are ineligible
for MinnesotaCare. deleted text begin For purposes of this subdivision, a nonimmigrant is an individual in
one or more of the classes listed in United States Code, title 8, section 1101(a)(15), and an
undocumented noncitizen is an individual who resides in the United States without the
approval or acquiescence of the Immigration and Naturalization Servicedeleted text end new text begin This paragraph
does not apply to childrennew text end .
new text begin
(b) Families with children who are citizens or nationals of the United States must
cooperate in obtaining satisfactory documentary evidence of citizenship or nationality as
required by the federal Deficit Reduction Act of 2005, Public Law 109-171.
new text end
new text begin
(c) For purposes of this subdivision, a nonimmigrant is an individual in one or
more of the classes listed in United States Code, title 8, section 1101(a)(15), and an
undocumented noncitizen is an individual who resides in the United States without the
approval or acquiescence of the Immigration and Naturalization Service.
new text end
Sec. 48.
Minnesota Statutes 2004, section 256L.04, is amended by adding a subdivision
to read:
new text begin Subd. 14. new text end
new text begin MinnesotaCare outreach. new text end
new text begin
(a) The commissioner shall award grants to
public or private organizations to provide information on the importance of maintaining
insurance coverage and on how to obtain coverage through the MinnesotaCare program in
areas of the state with high uninsured populations.
new text end
new text begin
(b) In awarding the grants, the commissioner shall consider the following:
new text end
new text begin
(1) geographic areas and populations with high uninsured rates;
new text end
new text begin
(2) the ability to raise matching funds; and
new text end
new text begin
(3) the ability to contact or serve eligible populations.
new text end
new text begin
The commissioner shall monitor the grants and may terminate a grant if the outreach
effort does not increase enrollment in medical assistance, general assistance medical care,
or the MinnesotaCare program.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 49.
Minnesota Statutes 2005 Supplement, section 256L.07, subdivision 1, is
amended to read:
Subdivision 1.
General requirements.
(a) deleted text begin Children enrolled in the original
children's health plan as of September 30, 1992, children who enrolled in the
MinnesotaCare program after September 30, 1992, pursuant to Laws 1992, chapter 549,
article 4, section 17, and children who have family gross incomes that are equal to or
less than 150 percent of the federal poverty guidelines are eligible without meeting
the requirements of subdivision 2 and the four-month requirement in subdivision 3, as
long as they maintain continuous coverage in the MinnesotaCare program or medical
assistance. Children who apply for MinnesotaCare on or after the implementation date
of the employer-subsidized health coverage program as described in Laws 1998, chapter
407, article 5, section 45, who have family gross incomes that are equal to or less than 150
percent of the federal poverty guidelines, must meet the requirements of subdivision 2 to
be eligible for MinnesotaCare.
deleted text end
deleted text begin (b)deleted text end Families enrolled in MinnesotaCare under section 256L.04, subdivision 1,
whose income increases above 275 percent of the federal poverty guidelines, are no
longer eligible for the program and shall be disenrolled by the commissioner. Individuals
enrolled in MinnesotaCare under section 256L.04, subdivision 7, whose income increases
above deleted text begin 175deleted text end new text begin 200new text end percent of the federal poverty guidelines are no longer eligible for the
program and shall be disenrolled by the commissioner. For persons disenrolled under
this subdivision, MinnesotaCare coverage terminates the last day of the calendar month
following the month in which the commissioner determines that the income of a family or
individual exceeds program income limits.
deleted text begin (c)deleted text end new text begin (b) new text end Notwithstanding paragraph deleted text begin (b)deleted text end new text begin (a)new text end , children may remain enrolled in
MinnesotaCare if ten percent of their gross individual or gross family income as defined
in section 256L.01, subdivision 4, is less than the premium for a six-month policy with
a $500 deductible available through the Minnesota Comprehensive Health Association.
Children who are no longer eligible for MinnesotaCare under this clause shall be given a
12-month notice period from the date that ineligibility is determined before disenrollment.
The premium for children remaining eligible under this clause shall be the maximum
premium determined under section 256L.15, subdivision 2, paragraph (b).
deleted text begin (d)deleted text end new text begin (c) new text end Notwithstanding paragraphs deleted text begin (b)deleted text end new text begin (a) new text end and deleted text begin (c)deleted text end new text begin (b)new text end , parents are not eligible for
MinnesotaCare if gross household income exceeds $25,000 for the six-month period
of eligibility.
new text begin EFFECTIVE DATE. new text end
new text begin
Amendments to paragraph (a) are effective January 1, 2009,
and amendments to paragraph (b) are effective July 1, 2007.
new text end
Sec. 50.
Minnesota Statutes 2004, section 256L.07, subdivision 2, is amended to read:
Subd. 2.
Must not have access to employer-subsidized coverage.
(a) To be
eligible, deleted text begin a family or individualdeleted text end new text begin an adultnew text end must not have access to subsidized health coverage
through an employer and must not have had access to employer-subsidized coverage
through a current employer for 18 months prior to application or reapplication. deleted text begin A family
or individualdeleted text end new text begin An adultnew text end whose employer-subsidized coverage is lost due to an employer
terminating health care coverage as an employee benefit during the previous 18 months
is not eligible.
(b) This subdivision does not apply to deleted text begin a family or individualdeleted text end new text begin an adultnew text end who was
enrolled in MinnesotaCare within six months or less of reapplication and who no longer
has employer-subsidized coverage due to the employer terminating health care coverage
as an employee benefit.
(c) For purposes of this requirement, subsidized health coverage means health
coverage for which the employer pays at least 50 percent of the cost of coverage for
the employee or dependent, or a higher percentage as specified by the commissioner.
deleted text begin Children are eligible for employer-subsidized coverage through either parent, including
the noncustodial parent.deleted text end The commissioner must treat employer contributions to Internal
Revenue Code Section 125 plans and any other employer benefits intended to pay
health care costs as qualified employer subsidies toward the cost of health coverage for
employees for purposes of this subdivision.
new text begin
(d) This subdivision does not apply to children.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2009.
new text end
Sec. 51.
Minnesota Statutes 2005 Supplement, section 256L.07, subdivision 3, is
amended to read:
Subd. 3.
Other health coverage.
(a) deleted text begin Families and individualsdeleted text end new text begin Adults new text end enrolled in
the MinnesotaCare program must have no health coverage while enrolled or for at least
four months prior to application and renewal. deleted text begin Children enrolled in the original children's
health plan and children in families with income equal to or less than 150 percent of the
federal poverty guidelines, who have other health insurance, are eligible if the coverage:
deleted text end
deleted text begin
(1) lacks two or more of the following:
deleted text end
deleted text begin
(i) basic hospital insurance;
deleted text end
deleted text begin
(ii) medical-surgical insurance;
deleted text end
deleted text begin
(iii) prescription drug coverage;
deleted text end
deleted text begin
(iv) dental coverage; or
deleted text end
deleted text begin
(v) vision coverage;
deleted text end
deleted text begin
(2) requires a deductible of $100 or more per person per year; or
deleted text end
deleted text begin
(3) lacks coverage because the child has exceeded the maximum coverage for a
particular diagnosis or the policy excludes a particular diagnosis.
deleted text end
The commissioner may change this eligibility criterion for sliding scale premiums in
order to remain within the limits of available appropriations. deleted text begin The requirement of no health
coveragedeleted text end new text begin This paragraphnew text end does not apply to deleted text begin newbornsdeleted text end new text begin childrennew text end .
(b) Medical assistance, general assistance medical care, and the Civilian Health and
Medical Program of the Uniformed Service, CHAMPUS, or other coverage provided under
United States Code, title 10, subtitle A, part II, chapter 55, are not considered insurance or
health coverage for purposes of the four-month requirement described in this subdivision.
(c) For purposes of this subdivision, an applicant or enrollee who is entitled to
Medicare Part A or enrolled in Medicare Part B coverage under title XVIII of the Social
Security Act, United States Code, title 42, sections 1395c to 1395w-152, is considered to
have health coverage. An applicant or enrollee who is entitled to premium-free Medicare
Part A may not refuse to apply for or enroll in Medicare coverage to establish eligibility
for MinnesotaCare.
(d) Applicants who were recipients of medical assistance or general assistance
medical care within one month of application must meet the provisions of this subdivision
and subdivision 2.
(e) Cost-effective health insurance that was paid for by medical assistance is not
considered health coverage for purposes of the four-month requirement under this
section, except if the insurance continued after medical assistance no longer considered it
cost-effective or after medical assistance closed.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2009.
new text end
Sec. 52.
Minnesota Statutes 2004, section 256L.11, subdivision 1, is amended to read:
Subdivision 1.
Medical assistance rate to be used.
Payment to providers under
sections 256L.01 to 256L.11 shall be at the same rates and conditions established for
medical assistance, except as provided in subdivisions 2 to deleted text begin 6deleted text end new text begin 8new text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 53.
Minnesota Statutes 2004, section 256L.11, is amended by adding a subdivision
to read:
new text begin Subd. 7. new text end
new text begin Critical access dental providers. new text end
new text begin
Effective for dental services provided
to MinnesotaCare enrollees on or after January 1, 2007, the commissioner shall increase
payment rates to dentists and dental clinics deemed by the commissioner to be critical
access providers under section 256B.76, paragraph (c), by 50 percent above the payment
rate that would otherwise be paid to the provider. The commissioner shall adjust the
rates paid on or after January 1, 2007, to prepaid health plans under contract with the
commissioner to reflect this rate increase. The prepaid health plan must pass this rate
increase to providers who have been identified by the commissioner as critical access
dental providers under section 256B.76, paragraph (c).
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 54.
Minnesota Statutes 2004, section 256L.11, is amended by adding a subdivision
to read:
new text begin Subd. 8. new text end
new text begin Provider rate increase. new text end
new text begin
(a) Effective for services provided on or after July
1, 2006, payments to providers shall be increased by 1.85 percent over the rates in effect
on June 30, 2006. The commissioner shall adjust the rates paid on or after January 1,
2007, to prepaid health plans under contract with the commissioner to reflect this payment
increase. The prepaid health plan must pass this payment increase to providers.
new text end
new text begin
(b) On September 1 of each year, beginning September 1, 2008, the commissioner of
finance shall determine the projected balance of the health care access fund as of June
30 of the following year based on the most recent February forecast adjusted for any
legislative session changes. If the commissioner of finance determines that the projected
balance in the health care access fund as of that June 30 will exceed five percent of the
projected expenditures from the fund for the fiscal year ending the following June 30, the
rate increase described in paragraph (a) shall be paid at a percentage adjusted so that the
projected balance in the fund is reduced to an amount equal to five percent of the projected
expenditures from the fund. If the commissioner of finance determines that the projected
balance in the health care access fund as of June 30 will not exceed five percent of the
projected expenditures from the fund for the fiscal year ending the following June 30, the
rate increase described in paragraph (a) shall not be paid for the following fiscal year.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 55.
Minnesota Statutes 2004, section 256L.15, subdivision 1, is amended to read:
Subdivision 1.
Premium determination.
(a) Families with children and individuals
shall pay a premium determined according to subdivision 2.
(b) Pregnant women and children under age two are exempt from the provisions
of section 256L.06, subdivision 3, paragraph (b), clause (3), requiring disenrollment
for failure to pay premiums. For pregnant women, this exemption continues until the
first day of the month following the 60th day postpartum. Women who remain enrolled
during pregnancy or the postpartum period, despite nonpayment of premiums, shall be
disenrolled on the first of the month following the 60th day postpartum for the penalty
period that otherwise applies under section 256L.06, unless they begin paying premiums.
new text begin
(c) Members of the military and their families who meet the eligibility criteria for
MinnesotaCare upon eligibility approval made within 24 months following the end of
the member's tour of active duty shall have their premiums paid by the commissioner.
The effective date of coverage for an individual or family who meets the criteria of this
paragraph shall be the first day of the month following the month in which eligibility is
approved. This exemption shall apply for 12 months if the individual or family remains
eligible upon six-month renewal.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2007, or upon federal
approval, whichever is later.
new text end
Sec. 56.
Minnesota Statutes 2005 Supplement, section 256L.15, subdivision 2, is
amended to read:
Subd. 2.
Sliding fee scale to determine percentage of monthly gross individual
or family income.
(a) The commissioner shall establish a sliding fee scale to determine
the percentage of monthly gross individual or family income that households at different
income levels must pay to obtain coverage through the MinnesotaCare program. The
sliding fee scale must be based on the enrollee's monthly gross individual or family
income. The sliding fee scale must contain separate tables based on enrollment of one,
two, or three or more persons. The sliding fee scale begins with a premium of 1.5 percent
of monthly gross individual or family income for individuals or families with incomes
below the limits for the medical assistance program for families and children in effect on
January 1, 1999, and proceeds through the following evenly spaced steps: 1.8, 2.3, 3.1,
3.8, 4.8, 5.9, 7.4, and 8.8 percent. These percentages are matched to evenly spaced income
steps ranging from the medical assistance income limit for families and children in effect
on January 1, 1999, to 275 percent of the federal poverty guidelines for the applicable
family size, up to a family size of five. The sliding fee scale for a family of five must be
used for families of more than five. Effective October 1, 2003, the commissioner shall
increase each percentage by 0.5 percentage points for enrollees with income greater than
100 percent but not exceeding 200 percent of the federal poverty guidelines and shall
increase each percentage by 1.0 percentage points for families and children with incomes
greater than 200 percent of the federal poverty guidelines. The sliding fee scale and
percentages are not subject to the provisions of chapter 14. If a family or individual
reports increased income after enrollment, premiums shall be adjusted at the time the
change in income is reported.
(b) Children in families whose gross income is above 275 percent of the federal
poverty guidelines shall pay the maximum premium. The maximum premium is defined
as a base charge for one, two, or three or more enrollees so that if all MinnesotaCare
cases paid the maximum premium, the total revenue would equal the total cost of
MinnesotaCare medical coverage and administration. In this calculation, administrative
costs shall be assumed to equal ten percent of the total. The costs of medical coverage
for pregnant women and children under age two and the enrollees in these groups shall
be excluded from the total. The maximum premium for two enrollees shall be twice the
maximum premium for one, and the maximum premium for three or more enrollees shall
be three times the maximum premium for one.
deleted text begin
(c) After calculating the percentage of premium each enrollee shall pay under
paragraph (a), eight percent shall be added to the premium.
deleted text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2007.
new text end
Sec. 57.
new text begin
[256L.20] MINNESOTACARE OPTION FOR SMALL EMPLOYERS.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
(a) For the purposes of this section, the terms used
have the meanings given them.
new text end
new text begin
(b) "Dependent" means an unmarried child under the age of 21.
new text end
new text begin
(c) "Eligible employee" means an employee who works at least 20 hours per week
for an eligible employer. Eligible employee does not include an employee who works
on a temporary or substitute basis or who does not work more than 26 weeks annually.
Coverage of an eligible employee includes the employee's spouse.
new text end
new text begin
(d) "Eligible employer" means a business that employs at least two, but not more
than 50, eligible employees, the majority of whom are employed in the state, and includes
a municipality that has 50 or fewer employees.
new text end
new text begin
(e) "Maximum premium" has the meaning given under section 256L.15, subdivision
2, paragraph (b), clause (3).
new text end
new text begin
(f) "Participating employer" means an eligible employer who meets the requirements
in subdivision 3 and applies to the commissioner to enroll its eligible employees and their
dependents in the MinnesotaCare program.
new text end
new text begin
(g) "Program" means the MinnesotaCare program.
new text end
new text begin Subd. 2. new text end
new text begin Option. new text end
new text begin
Eligible employees and their dependents may enroll in
MinnesotaCare if the eligible employer meets the requirements of subdivision 3. The
effective date of coverage is as defined in section 256L.05, subdivision 3.
new text end
new text begin Subd. 3. new text end
new text begin Employer requirements. new text end
new text begin
The commissioner shall establish procedures for
an eligible employer to apply for coverage through the program. In order to participate, an
eligible employer must meet the following requirements:
new text end
new text begin
(1) agree to contribute toward the cost of the premium for the employee, the
employee's spouse, and the employee's dependents according to subdivision 4;
new text end
new text begin
(2) certify that at least 75 percent of its eligible employees who do not have other
creditable health coverage are enrolled in the program;
new text end
new text begin
(3) offer coverage to all eligible employees, spouses, and dependents of eligible
employees; and
new text end
new text begin
(4) have not provided employer-subsidized health coverage as an employee benefit
during the previous 12 months, as defined in section 256L.07, subdivision 2, paragraph (c).
new text end
new text begin Subd. 4. new text end
new text begin Premiums. new text end
new text begin
(a) The premium for coverage provided under this section is
equal to the maximum premium regardless of the income of the eligible employee, as
defined in section 256L.15, subdivision 2, paragraph (b).
new text end
new text begin
(b) For eligible employees without dependents with income equal to or less than 175
percent of the federal poverty guidelines and for eligible employees with dependents with
income equal to or less than 275 percent of the federal poverty guidelines, the participating
employer shall pay 50 percent of the premium established under paragraph (a) for the
eligible employee, the employee's spouse, and any dependents, if applicable.
new text end
new text begin
(c) For eligible employees without dependents with income over 175 percent of the
federal poverty guidelines and for eligible employees with dependents with income over
275 percent of the federal poverty guidelines, the participating employer shall pay the
full cost of the premium established under paragraph (a) for the eligible employee, the
employee's spouse, and any dependents, if applicable. The participating employer may
require the employee to pay a portion of the cost of the premium so long as the employer
pays 50 percent. If the employer requires the employee to pay a portion of the premium,
the employee shall pay the portion of the cost to the employer.
new text end
new text begin
(d) The commissioner shall collect premium payments from participating employers
for eligible employees, spouses, and dependents who are covered by the program as
provided under this section. All premiums collected shall be deposited in the health care
access fund.
new text end
new text begin Subd. 5. new text end
new text begin Coverage. new text end
new text begin
The coverage offered to those enrolled in the program under
this section must include all health services described under section 256L.03 and all
co-payments and coinsurance requirements under section 256L.03, subdivision 5, apply.
new text end
new text begin Subd. 6. new text end
new text begin Enrollment. new text end
new text begin
Upon payment of the premium, according to this section
and section 256L.06, eligible employees, spouses, and dependents shall be enrolled in
MinnesotaCare. For purposes of enrollment under this section, income eligibility limits
established under sections 256L.04 and 256L.07, subdivision 1, and asset limits established
under section 256L.17 do not apply. The barriers established under section 256L.07,
subdivision 2 or 3, do not apply to enrollees eligible under this section. The commissioner
may require eligible employees to provide income verification to determine premiums.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2008.
new text end
Sec. 58.
Minnesota Statutes 2004, section 462A.05, is amended by adding a
subdivision to read:
new text begin Subd. 42. new text end
new text begin Reverse mortgage incentive program. new text end
new text begin
(a) The agency shall, within the
limits of appropriations made available for this purpose, establish, in cooperation with
the commissioner of human services, a program to encourage eligible persons to obtain
reverse mortgages to pay for eligible costs of maintaining the person in the home as an
alternative to a nursing facility placement.
new text end
new text begin
(b) The incentive program shall be made available to a person who has been
determined by the commissioner of human services or the commissioner's designated
agent to meet all of the following criteria:
new text end
new text begin
(1) is age 62 or older;
new text end
new text begin
(2) would be eligible for medical assistance within 365 days of admission to a
nursing home;
new text end
new text begin
(3) is not a medical assistance recipient, is not eligible for medical assistance without
a spenddown or waiver obligation, is not ineligible for the medical assistance program due
to an asset transfer penalty, and does not have income greater than the maintenance needs
allowance under section 256B.0915, subdivision 1d, but equal to or less than 120 percent
of the federal poverty guidelines effective July 1 in the year for which program eligibility
is established, who would be eligible for the elderly waiver with a waiver obligation;
new text end
new text begin
(4) needs services that are not funded through other state or federal funding for
which the person qualifies;
new text end
new text begin
(5) obtains a reverse mortgage loan under section 47.58 on a home with an estimated
market value not to exceed $150,000. This limit shall be adjusted annually on April 1
by the percentage change for the previous calendar year in the housing component of the
United States Consumer Price Index - All Urban Consumers; and
new text end
new text begin
(6) agrees to make expenditures of reverse mortgage payments in accordance with a
spending plan established under section 256B.0911, subdivision 3a, in which payments,
services, and supports meet the following standards:
new text end
new text begin
(i) payments received under the loan for a period of at least 24 months or in an
amount of at least $15,000 are used for services and supports, including basic shelter
needs, home maintenance, and modifications or adaptations, necessary to allow the person
to remain in the home as an alternative to a nursing facility placement;
new text end
new text begin
(ii) reimbursements for services, supplies, and equipment shall not exceed the
market rate; and
new text end
new text begin
(iii) if the person's spouse qualifies under section 256B.0913, subdivisions 1 to 14,
the reverse mortgage payments may be used to pay client fees under that section.
new text end
new text begin
(c) The incentives available under this program shall include:
new text end
new text begin
(1) payment of the initial mortgage insurance premium for a reverse mortgage.
The maximum payment under this clause shall be limited to $1,500. This limit shall be
adjusted annually on April 1 by the percentage change for the previous calendar year in the
housing component of the United States Consumer Price Index - All Urban Consumers;
new text end
new text begin
(2) with federal approval, payments to reduce service fee set-asides, through an
advance payment to the lender, an agreement to guarantee fee payments after 60 months
if the set-aside is limited to 60 months, or through other mechanisms approved by the
commissioner; and
new text end
new text begin
(3) other incentives approved by the commissioner.
new text end
new text begin
(d) After calculating the adjusted maximum payment limits under paragraphs (b)
and (c), the commissioner shall annually notify the Office of the Revisor of Statutes in
writing, on or before May 1, of the adjusted limits. The revisor shall annually publish in
the Minnesota Statutes the adjusted maximum payment limits under paragraph (b).
new text end
Sec. 59.
Laws 2005, First Special Session chapter 4, article 9, section 5, subdivision 8,
is amended to read:
Subd. 8.Board of Nursing
|
3,078,000 |
3,631,000 |
||||
new text begin new text end
BASE ADJUSTMENT. The base for the
board of nursing is increased by $141,000
in fiscal year 2008 and by $216,000 in fiscal
year 2009.
BOARD OF NURSING
APPROPRIATIONS INCREASE. Of
this appropriation, $120,000 the first year
and $126,000 the second year are for the
increased cost of board operations, excluding
salary increases and $85,000 each year is to
hire an advanced practice registered nurse.
TRANSFERS FROM SPECIAL
REVENUE FUND. Of this appropriation,
the following transfers shall be made as
directed from the state government special
revenue fund:
(a) $392,000 in fiscal year 2006, $864,000
in fiscal year 2007, $930,000 in fiscal year
2008, and $930,000 in fiscal year 2009
shall be transferred to the general fund
and is appropriated to the Department
of Human Services to offset the state
share of the medical assistance program
costs of the long-term care and home and
community-based care employee scholarship
program and associated administrative costs.
At the end of each biennium, any funds
not expended for the scholarship program
and associated administrative costs shall
be deleted text begin transferred to the state government
special revenue funddeleted text end new text begin carried over to the
next biennium for the same purposenew text end .
Notwithstanding section 15, this paragraph
expires June 30, deleted text begin 2009deleted text end new text begin 2011new text end .
(b) $125,000 the first year and $200,000 the
second year shall be transferred to the health
professional education loan forgiveness
program account for loan forgiveness
for nurses under Minnesota Statutes,
section 144.1501. This appropriation shall
become part of base level funding for the
commissioner for the biennium beginning
July 1, 2007, but shall not be part of base
level funding for the biennium beginning
July 1, 2009. Notwithstanding section 15,
this paragraph expires on June 30, 2009.
Sec. 60. new text begin FEDERAL GOVERNMENT CHANGES.
new text end
new text begin
The commissioner of human services shall seek reimbursement from the federal
government for funds expended by the state to provide drug coverage to medical
assistance recipients who are enrolled or in the process of enrolling in Medicare Part
D. The commissioner shall also continue to pursue federal changes to Medicare Part D
to address lapses in drug coverage for medical assistance recipients who are enrolled
in Medicare Part D but who are taking prescription drugs that are not included in the
formularies used by the Medicare Part D drug plans that meet the low-income premium
benchmark set for Minnesota or who are in the process of enrolling in a Medicare Part
D prescription drug plan.
new text end
Sec. 61. new text begin LIST OF COUNTY LONG-TERM CARE FUNCTIONS.
new text end
new text begin
The commissioner of human services, in consultation with county organizations,
shall provide a status report to the legislature by January 15, 2007, that includes a list of
core county long-term care functions and an analysis of existing and potential funding
sources for these functions.
new text end
Sec. 62. new text begin PHARMACY PAYMENT REFORM ADVISORY COMMITTEE.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
For purposes of this section, the following words, terms,
and phrases have the following meanings:
new text end
new text begin
(a) "Department" means the Department of Human Services.
new text end
new text begin
(b) "Commissioner" means the commissioner of human services.
new text end
new text begin
(c) "Cost of dispensing" includes, but is not limited to, operational and overhead
costs; professional counseling as required under the Omnibus Budget Reconciliation Act
of 1990, excluding medication management services under Minnesota Statutes, section
256B.0625, subdivision 13h; salaries; and other associated administrative costs, as well
as a reasonable return on investment. In addition, cost of dispensing includes expenses
transferred by wholesale drug distributors to pharmacies as a result of the wholesale drug
distributor tax under Minnesota Statutes, sections 295.52 to 295.582.
new text end
new text begin
(d) "Additional costs" include, but are not limited to, costs relating to coordination of
benefits, bad debt, uncollected co-pays, payment lag times, and high rate of rejected claims.
new text end
new text begin
(e) "Advisory committee" means the Pharmacy Payment Reform Advisory
Committee established by this section.
new text end
new text begin Subd. 2. new text end
new text begin Advisory committee. new text end
new text begin
The Pharmacy Payment Reform Advisory
Committee is established under the direction of the commissioner of human services.
The commissioner, after receiving recommendations from the Minnesota Pharmacists
Association, the Minnesota Retailers Association, the Minnesota Hospital Association,
and the Minnesota Wholesale Druggists Association, shall convene a pharmacy payment
reform advisory committee to advise the commissioner and make recommendations to the
legislature on implementation of pharmacy reforms contained in title VI, chapter IV, of
the Deficit Reduction Act of 2005. The committee shall be comprised of three licensed
pharmacists representing both independent and chain pharmacy entities, one of whom
must have expertise in pharmacoeconomics, two individuals representing hospitals with
outpatient pharmacies, and two individuals with expertise in wholesale drug distribution.
The committee shall be staffed by an employee of the department who shall serve as an
ex officio nonvoting member of the committee. The department's pharmacy program
manager shall also serve as an ex officio, nonvoting member of the committee. The
committee is governed by Minnesota Statutes, section 15.059, except that committee
members do not receive compensation or reimbursement for expenses. The advisory
committee expires on January 31, 2008.
new text end
new text begin Subd. 3. new text end
new text begin Cost of dispensing study. new text end
new text begin
The commissioner shall conduct a prescription
drug cost of dispensing study to determine the average cost of dispensing Medicaid
prescriptions in Minnesota. The commissioner shall contract with an independent third
party in the state that has experience conducting business cost allocation studies, such as
an academic institution, to conduct a prescription drug cost of dispensing study. If no
independent third-party entity exists in the state, the commissioner may contract with an
out-of-state entity. The cost of dispensing study shall be completed by an independent
third party no later than October 1, 2006, and reported to the commissioner and the
advisory committee upon completion.
new text end
new text begin Subd. 4. new text end
new text begin Content of study. new text end
new text begin
The study shall determine the cost of dispensing
the average prescription and any additional costs that might be incurred for dispensing
Medicaid prescriptions. The study shall include the current level of dispensing fees paid
to providers and an estimate of revenues required to adequately adjust reimbursement
to cover the cost to pharmacies.
new text end
new text begin Subd. 5. new text end
new text begin Methodology of study and publishing requirement. new text end
new text begin
The independent
third-party entity performing the cost of dispensing research shall submit to the advisory
committee the entity's proposed research methodology and shall publish the collected data
to allow other independent researchers to validate the study results. The data shall be
published in a manner that does not identify the source of the data.
new text end
new text begin Subd. 6. new text end
new text begin Recommendations. new text end
new text begin
The advisory committee shall use the information
from the cost of dispensing study and make recommendations to the commissioner on
implementation of pharmacy reforms contained in title VI, chapter IV, of the Deficit
Reduction Act of 2005. The commissioner shall report the findings of the study and the
recommendations of the advisory committee to the legislature by January 15, 2007. The
commissioner, in consultation with the advisory committee, shall make recommendations
to the legislature on how to adequately adjust reimbursement rates to pharmacies to cover
the costs of dispensing and additional costs to pharmacies. Reports shall include the
current level of dispensing fees paid to providers and an estimate of revenues required to
adequately adjust reimbursement to ensure that:
new text end
new text begin
(1) reimbursement is sufficient to enlist an adequate number of participating
pharmacy providers so that pharmacy services are as available for Medicaid recipients
under the program as for the state's general population;
new text end
new text begin
(2) Medicaid dispensing fees are adequate to reimburse pharmacy providers for the
costs of dispensing prescriptions under the Medicaid program;
new text end
new text begin
(3) Medicaid pharmacy reimbursement for multiple-source drugs included on the
federal upper reimbursement limit is set at the level established by the federal government
under United States Code, title 42, section 1396r-8(e)(5);
new text end
new text begin
(4) the combined Medicaid program reimbursement for prescription drug product
and the dispensing fee provides a return adequate to provide a reasonable profit for the
participating pharmacy; and
new text end
new text begin
(5) the new payment system does not create disincentives for pharmacists to
dispense generic drugs.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 63. new text begin REPAYMENT DELAY.
new text end
new text begin
A county that overspent its allowed amounts in calendar year 2004 or 2005 under
the waivered services program for persons with developmental disabilities shall not be
required to pay back the amount of overspending until May 31, 2007.
new text end
Sec. 64. new text begin STAKEHOLDER PARTICIPATION.
new text end
new text begin
The commissioner of human services shall confer with one or more stakeholder
groups of interested persons, including representatives of recipients, advocacy groups,
counties, providers, and health plans to provide information and advice on the development
of any substantial proposals for changes in the medical assistance program authorized by
the federal Deficit Reduction Act of 2005, Public Law 109-171. In addition, for any
substantial Deficit Reduction Act-related medical assistance change that affects recipients
and that is proposed outside of the legislative or rulemaking process, the commissioner
shall convene a stakeholder meeting and provide a 30-day comment period before the
change becomes effective. If the time frame required to comply with a federal mandate
precludes the 30-day advance notice, notice shall be given to the stakeholder group as
soon as possible.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 65. new text begin REVISOR'S INSTRUCTION.
new text end
new text begin (a) new text end
new text begin
The revisor of statutes shall strike all references to the "Class E assisted living
home care programs license," "Class E license," and similar terms in Minnesota Rules,
chapters 4668 and 4669. In sections affected by this instruction, the revisor may make
changes necessary to correct the punctuation, grammar, or structure of the remaining text
and preserve its meaning.
new text end
new text begin (b) new text end
new text begin
The revisor of statutes shall change the term "assisted living home care provider,"
"assisted living license," and similar terms to "Class F home care provider," "Class F
license," in Minnesota Rules, chapter 4668. In sections affected by this instruction, the
revisor may make changes necessary to correct the punctuation, grammar, or structure of
the remaining text and preserve its meaning.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2007.
new text end
Sec. 66. new text begin REPEALER.
new text end
new text begin
(a) Minnesota Statutes 2005 Supplement, section 256L.035,
new text end
new text begin
is repealed, effective
July 1, 2007.
new text end
new text begin
(b) Minnesota Rules, part 4668.0215,
new text end
new text begin
is repealed, effective January 1, 2007.
new text end
ARTICLE 21
HEALTH CARE FEDERAL COMPLIANCE
Section 1.
Minnesota Statutes 2004, section 62A.045, is amended to read:
62A.045 PAYMENTS ON BEHALF OF ENROLLEES IN GOVERNMENT
HEALTH PROGRAMS.
(a) new text begin As a condition of doing business in Minnesota, each health insurer shall comply
with the requirements of the federal Deficit Reduction Act of 2005, Public Law 109-171,
including any federal regulations adopted under that act, to the extent that it imposes a
requirement that applies in this state and that is not also required by the laws of this state.
This section does not require compliance with any provision of the federal act prior to
the effective date provided for that provision in the federal act. The commissioner shall
enforce this section.
new text end
new text begin
For the purpose of this section, "health insurer" includes self-insured plans; group
health plans, as defined in section 607(1) of the Employee Retirement Income Security Act
of 1974; service benefit plans; managed care organizations; pharmacy benefit managers;
or other parties that are by contract legally responsible to pay a claim for a healthcare item
or service for an individual receiving benefits under paragraph (b).
new text end
new text begin (b) new text end No health plan issued or renewed to provide coverage to a Minnesota resident
shall contain any provision denying or reducing benefits because services are rendered to a
person who is eligible for or receiving medical benefits pursuant to title XIX of the Social
Security Act (Medicaid) in this or any other state; chapter 256; 256B; or 256D or services
pursuant to section 252.27; 256L.01 to 256L.10; 260B.331, subdivision 2; 260C.331,
subdivision 2; or 393.07, subdivision 1 or 2. No health carrier providing benefits under
plans covered by this section shall use eligibility for medical programs named in this
section as an underwriting guideline or reason for nonacceptance of the risk.
deleted text begin (b)deleted text end new text begin (c)new text end If payment for covered expenses has been made under state medical programs
for health care items or services provided to an individual, and a third party has a legal
liability to make payments, the rights of payment and appeal of an adverse coverage
decision for the individual, or in the case of a child their responsible relative or caretaker,
will be subrogated to the state agency. The state agency may assert its rights under this
section within three years of the date the service was rendered. For purposes of this
section, "state agency" includes prepaid health plans under contract with the commissioner
according to sections 256B.69, 256D.03, subdivision 4, paragraph (c), and 256L.12;
children's mental health collaboratives under section 245.493; demonstration projects for
persons with disabilities under section 256B.77; nursing homes under the alternative
payment demonstration project under section 256B.434; and county-based purchasing
entities under section 256B.692.
deleted text begin (c)deleted text end new text begin (d)new text end Notwithstanding any law to the contrary, when a person covered by a health
plan receives medical benefits according to any statute listed in this section, payment for
covered services or notice of denial for services billed by the provider must be issued
directly to the provider. If a person was receiving medical benefits through the Department
of Human Services at the time a service was provided, the provider must indicate this
benefit coverage on any claim forms submitted by the provider to the health carrier for
those services. If the commissioner of human services notifies the health carrier that
the commissioner has made payments to the provider, payment for benefits or notices
of denials issued by the health carrier must be issued directly to the commissioner.
Submission by the department to the health carrier of the claim on a Department of
Human Services claim form is proper notice and shall be considered proof of payment of
the claim to the provider and supersedes any contract requirements of the health carrier
relating to the form of submission. Liability to the insured for coverage is satisfied to the
extent that payments for those benefits are made by the health carrier to the provider or the
commissioner as required by this section.
deleted text begin (d)deleted text end new text begin (e)new text end When a state agency has acquired the rights of an individual eligible for
medical programs named in this section and has health benefits coverage through a
health carrier, the health carrier shall not impose requirements that are different from
requirements applicable to an agent or assignee of any other individual covered.
deleted text begin (e)deleted text end new text begin (f)new text end For the purpose of this section, health plan includes coverage offered by
community integrated service networks, any plan governed under the federal Employee
Retirement Income Security Act of 1974 (ERISA), United States Code, title 29, sections
1001 to 1461, and coverage offered under the exclusions listed in section 62A.011,
subdivision 3, clauses (2), (6), (9), (10), and (12).
Sec. 2.
Minnesota Statutes 2004, section 144.6501, subdivision 6, is amended to read:
Subd. 6.
Medical assistance payment.
(a) An admission contract for a facility that
is certified for participation in the medical assistance program must state that neither the
prospective resident, nor anyone on the resident's behalf, is required to pay privately any
amount for which the resident's care at the facility has been approved for payment by
medical assistance or to make any kind of donation, voluntary or otherwise. new text begin Except as
permitted under federal law, new text end an admission contract must state that the facility does not
require as a condition of admission, either in its admission contract or by oral promise
before signing the admission contract, that residents remain in private pay status for
any period of time.
(b) The admission contract must state that upon presentation of proof of eligibility,
the facility will submit a medical assistance claim for reimbursement and will return any
and all payments made by the resident, or by any person on the resident's behalf, for
services covered by medical assistance, upon receipt of medical assistance payment.
(c) A facility that participates in the medical assistance program shall not charge for
the day of the resident's discharge from the facility or subsequent days.
(d) If a facility's charges incurred by the resident are delinquent for 30 days, and
no person has agreed to apply for medical assistance for the resident, the facility may
petition the court under chapter 525 to appoint a representative for the resident in order to
apply for medical assistance for the resident.
(e) The remedy provided in this subdivision does not preclude a facility from seeking
any other remedy available under other laws of this state.
Sec. 3.
Minnesota Statutes 2004, section 256B.02, subdivision 9, is amended to read:
Subd. 9.
Private health care coverage.
"Private health care coverage" means any
plan regulated by chapter 62A, 62C or 64B. Private health care coverage also includes
any deleted text begin self-insurancedeleted text end new text begin self-insured new text end plan providing health care benefitsnew text begin , pharmacy benefit
manager, service benefit plan, managed care organization, and other parties that are by
contract legally responsible for payment of a claim for a health care item or service for an
individual receiving medical benefits under chapter 256B, 256D, or 256Lnew text end .
Sec. 4.
Minnesota Statutes 2004, section 256B.056, subdivision 2, is amended to read:
Subd. 2.
Homesteaddeleted text begin ;deleted text end exclusion new text begin and homestead equity limit new text end for institutionalized
persons.
new text begin (a) new text end The homestead shall be excluded for the first six calendar months of a
person's stay in a long-term care facility and shall continue to be excluded for as long as
the recipient can be reasonably expected to return to the homestead. For purposes of
this subdivision, "reasonably expected to return to the homestead" means the recipient's
attending physician has certified that the expectation is reasonable, and the recipient can
show that the cost of care upon returning home will be met through medical assistance
or other sources. The homestead shall continue to be excluded for persons residing in
a long-term care facility if it is used as a primary residence by one of the following
individuals:
deleted text begin (a)deleted text end new text begin (1)new text end the spouse;
deleted text begin (b)deleted text end new text begin (2)new text end a child under age 21;
deleted text begin (c)deleted text end new text begin (3)new text end a child of any age who is blind or permanently and totally disabled as defined
in the supplemental security income program;
deleted text begin (d)deleted text end new text begin (4)new text end a sibling who has equity interest in the home and who resided in the home for
at least one year immediately before the date of the person's admission to the facility; or
deleted text begin (e)deleted text end new text begin (5)new text end a child of any age, or, subject to federal approval, a grandchild of any age,
who resided in the home for at least two years immediately before the date of the person's
admission to the facility, and who provided care to the person that permitted the person to
reside at home rather than in an institution.
new text begin
(b) The equity interest in the homestead of an individual whose eligibility for
long-term care services is determined on or after January 1, 2006, shall not exceed
$500,000, unless it is the lawful residence of the individual's spouse or child who is under
age 21, blind, or disabled. The amount specified in this paragraph shall be increased
beginning in year 2011, from year-to-year based on the percentage increase in the
Consumer Price Index for all urban consumers (all items; United States city average),
rounded to the nearest $1,000. This provision may be waived in the case of demonstrated
hardship by a process to be determined by the secretary of health and human services
pursuant to section 6014 of the Deficit Reduction Act of 2005, Public Law 109-171.
new text end
Sec. 5.
Minnesota Statutes 2004, section 256B.056, is amended by adding a
subdivision to read:
new text begin Subd. 3e. new text end
new text begin
Treatment of continuing care retirement and life care community
entrance fees.
new text end
new text begin
An entrance fee paid by an individual to a continuing care retirement or
life care community shall be treated as an available asset to the extent that:
new text end
new text begin
(1) the individual has the ability to use the entrance fee, or the contract provides that
the entrance fee may be used, to pay for care should other resources or income of the
individual be insufficient to pay for care;
new text end
new text begin
(2) the individual is eligible for a refund of any remaining entrance fees when
the individual dies or terminates the continuing care retirement or life care community
contract and leaves the community; and
new text end
new text begin
(3) the entrance fee does not confer an ownership interest in the continuing care
retirement or life care community.
new text end
Sec. 6.
Minnesota Statutes 2004, section 256B.056, is amended by adding a
subdivision to read:
new text begin Subd. 11. new text end
new text begin Treatment of annuities. new text end
new text begin
(a) Any individual applying for or seeking
recertification of eligibility for medical assistance payment of long-term care services
shall provide a complete description of any interest either the individual or the individual's
spouse has in annuities. The individual and the individual's spouse shall furnish the
agency responsible for determining eligibility with complete current copies of their
annuities and related documents for review as part of the application process on disclosure
forms provided by the department as part of their application.
new text end
new text begin
(b) The disclosure form shall include a statement that the department becomes the
remainder beneficiary under the annuity or similar financial instrument by virtue of the
receipt of medical assistance. The disclosure form shall include a notice to the issuer of
the department's right under this section as a preferred remainder beneficiary under the
annuity or similar financial instrument for medical assistance furnished to the individual
or the individual's spouse, and require the issuer to provide confirmation that a remainder
beneficiary designation has been made and to notify the county agency when there is a
change in the amount of the income or principal being withdrawn from the annuity or
other similar financial instrument at the time of the most recent disclosure required under
this section. The individual and the individual's spouse shall execute separate disclosure
forms for each annuity or similar financial instrument that they are required to disclose
under this section and in which they have an interest.
new text end
new text begin
(c) An issuer of an annuity or similar financial instrument who receives notice on a
disclosure form as described in paragraph (b) shall provide confirmation to the requesting
agency that a remainder beneficiary designating the state has been made and shall notify
the county agency when there is a change in the amount of income or principal being
withdrawn from the annuity or other similar financial instrument.
new text end
Sec. 7.
Minnesota Statutes 2005 Supplement, section 256B.0571, is amended to read:
256B.0571 LONG-TERM CARE PARTNERSHIPnew text begin PROGRAMnew text end .
Subdivision 1.
Definitions.
For purposes of this section, the following terms have
the meanings given them.
deleted text begin Subd. 2. deleted text end
deleted text begin Home care service. deleted text end
deleted text begin
"Home care service" means care described in section
.
deleted text end
Subd. 3.
Long-term care insurance.
"Long-term care insurance" means a policy
described in section 62S.01.
Subd. 4.
Medical assistance.
"Medical assistance" means the program of medical
assistance established under section 256B.01.
deleted text begin Subd. 5. deleted text end
deleted text begin Nursing home. deleted text end
deleted text begin
"Nursing home" means a nursing home as described
in section .
deleted text end
Subd. 6.
Partnership policy.
"Partnership policy" means a long-term care insurance
policy that meets the requirements under subdivision 10 deleted text begin or 11, regardless of when the
policydeleted text end new text begin andnew text end was deleted text begin firstdeleted text end issuednew text begin on or after the effective date of the state plan amendment
implementing the partnership program in Minnesotanew text end .
Subd. 7.
Partnership program.
"Partnership program" means the Minnesota
partnership for long-term care program established under this section.
new text begin Subd. 7a. new text end
new text begin Protected assets. new text end
new text begin
"Protected assets" means assets or proceeds of assets
that are protected from recovery under subdivisions 13 and 15.
new text end
Subd. 8.
Program established.
(a) The commissioner, in cooperation with the
commissioner of commerce, shall establish the Minnesota partnership for long-term care
program to provide for the financing of long-term care through a combination of private
insurance and medical assistance.
(b) An individual who meets the requirements in this paragraph is eligible to
participate in the partnership program. The individual must:
(1) be a Minnesota residentnew text begin at the time coverage first became effective under the
partnership policynew text end ;
(2) deleted text begin purchase a partnership policy that is delivered, issued for delivery, or renewed on
or after the effective date of Laws 2005, First Special Session chapter 4, article 7, section
5, and maintain the partnership policy in effect throughout the period of participation
in the partnership programdeleted text end new text begin be a beneficiary of a partnership policy that (i) is issued on
or after the effective date of the state plan amendment implementing the partnership
program in Minnesota, or (ii) qualifies as a partnership policy under the provisions of
subdivision 8anew text end ; and
(3) deleted text begin exhaust the minimumdeleted text end new text begin have exhausted all of the new text end benefits under the partnership
policy as described in this section. Benefits received under a long-term care insurance
policy before deleted text begin the effective date of Laws 2005, First Special Session chapter 4, article 7,
section 5deleted text end new text begin July 1, 2006new text end , do not count toward the exhaustion of benefits required in this
subdivision.
new text begin Subd. 8a. new text end
new text begin
Exchange for long-term care partnership policy; addition of policy
rider.
new text end
new text begin
(a) If federal law is amended or federal approval is granted with respect to the
partnership program established in this section, a long-term care insurance policy that
was issued before the effective date of the state plan amendment implementing the
partnership program in Minnesota that was exchanged after the effective date of the state
plan amendment for a long-term care partnership policy that meets the requirements
of Public Law 109-171, section 6021, qualifies as a long-term care partnership policy
under this section.
new text end
new text begin
(b) If federal law is amended or federal approval is granted with respect to the
partnership program established in this section, a long-term care insurance policy that was
issued before the effective date of the state plan amendment implementing the partnership
program in Minnesota that has a rider added after the effective date of the state plan
amendment that meets the requirements of Public Law 109-171, section 6021, qualifies
as a long-term care partnership policy under this section.
new text end
Subd. 9.
Medical assistance eligibility.
(a) Upon application deleted text begin ofdeleted text end new text begin for medical
assistance program payment of long-term care services by new text end an individual who meets the
requirements described in subdivision 8, the commissioner shall determine the individual's
eligibility for medical assistance according to paragraphs (b) deleted text begin and (c)deleted text end new text begin to (i)new text end .
(b) After deleted text begin disregarding financialdeleted text end new text begin determining new text end assets deleted text begin exempted under medical
assistance eligibility requirementsdeleted text end new text begin subject to the asset limit under section 256B.056,
subdivision 3 or 3c, or 256B.057, subdivision 9 or 10new text end , the commissioner shall deleted text begin disregard an
additional amount of financial assets equaldeleted text end new text begin allow the individual to designate assets to be
protected from recovery under subdivisions 13 and 15 up new text end to the dollar amount of deleted text begin coveragedeleted text end
new text begin the benefits new text end utilized under the partnership policy.new text begin Designated assets shall be disregarded
for purposes of determining eligibility for payment of long-term care services.
new text end
(c) deleted text begin The commissioner shall consider the individual's income according to medical
assistance eligibility requirements.deleted text end new text begin The individual shall identify the designated assets and
the full fair market value of those assets and designate them as assets to be protected at
the time of initial application for medical assistance. The full fair market value of real
property or interests in real property shall be based on the most recent full assessed value
for property tax purposes for the real property, unless the individual provides a complete
professional appraisal by a licensed appraiser to establish the full fair market value. The
extent of a life estate in real property shall be determined using the life estate table in the
health care program's manual. Ownership of any asset in joint tenancy shall be treated as
ownership as tenants in common for purposes of its designation as a disregarded asset.
The unprotected value of any protected asset is subject to estate recovery according to
subdivisions 13 and 15.
new text end
new text begin
(d) The right to designate assets to be protected is personal to the individual and
ends when the individual dies, except as otherwise provided in subdivisions 13 and
15. It does not include the increase in the value of the protected asset and the income,
dividends, or profits from the asset. It may be exercised by the individual or by anyone
with the legal authority to do so on the individual's behalf. It shall not be sold, assigned,
transferred, or given away.
new text end
new text begin
(e) If the dollar amount of the benefits utilized under a partnership policy is greater
than the full fair market value of all assets protected at the time of the application for
medical assistance long-term care services, the individual may designate additional assets
that become available during the individual's lifetime for protection under this section.
The individual must make the designation in writing to the county agency no later than
the last date on which the individual must report a change in circumstances to the county
agency, as provided for under the medical assistance program. Any excess used for this
purpose shall not be available to the individual's estate to protect assets in the estate from
recovery under section 256B.15 or 524.3-1202, or otherwise.
new text end
new text begin
(f) This section applies only to estate recovery under United States Code, title 42,
section 1396p, subsections (a) and (b), and does not apply to recovery authorized by other
provisions of federal law, including, but not limited to, recovery from trusts under United
States Code, title 42, section 1396p, subsection (d)(4)(A) and (C), or to recovery from
annuities, or similar legal instruments, subject to section 6012, subsections (a) and (b), of
the Deficit Reduction Act of 2005, Public Law 109-171.
new text end
new text begin
(g) An individual's protected assets owned by the individual's spouse who applies
for payment of medical assistance long-term care services shall not be protected assets or
disregarded for purposes of eligibility of the individual's spouse solely because they were
protected assets of the individual.
new text end
new text begin
(h) Assets designated under this subdivision shall not be subject to penalty under
section 256B.0595.
new text end
new text begin
(i) The commissioner shall otherwise determine the individual's eligibility
for payment of long-term care services according to medical assistance eligibility
requirements.
new text end
Subd. 10.
deleted text begin Dollar-for-dollar asset protection policiesdeleted text end new text begin Long-term care partnership
policy inflation protectionnew text end .
deleted text begin
(a) A dollar-for-dollar asset protection policy must meet all
of the requirements in paragraphs (b) to (e).
deleted text end
deleted text begin
(b) The policy must satisfy the requirements of chapter 62S.
deleted text end
deleted text begin
(c) The policy must offer an elimination period of not more than 180 days for an
adjusted premium.
deleted text end
deleted text begin
(d) The policy must satisfy the requirements established by the commissioner of
human services under subdivision 14.
deleted text end
deleted text begin (e) Minimum daily benefits shall be $130 for nursing home care or $65 for home
care, with inflation protection provided in the policy as described in section deleted text begin 62S.23,
subdivision 1deleted text end , clause (1). These minimum daily benefit amounts shall be adjusted by the
commissioner on October 1 of each year by a percentage equal to the inflation protection
feature described in section deleted text begin 62S.23, subdivision 1deleted text end , clause (1), for purposes of setting
minimum requirements that a policy must meet in future years in order to initially qualify
as an approved policy under this subdivision. Adjusted minimum daily benefit amounts
shall be rounded to the nearest whole dollar.deleted text end new text begin A long-term care partnership policy must
provide the inflation protection described in this subdivision. If the policy is sold to an
individual who:
new text end
new text begin
(1) has not attained age 61 as of the date of purchase, the policy must provide
compound annual inflation protection;
new text end
new text begin
(2) has attained age 61, but has not attained age 76 as of such date, the policy must
provide some level of inflation protection; and
new text end
new text begin
(3) has attained age 76 as of such date, the policy may, but is not required to, provide
some level of inflation protection.
new text end
deleted text begin Subd. 11. deleted text end
deleted text begin Total asset protection policies. deleted text end
deleted text begin
(a) A total asset protection policy must
meet all of the requirements in subdivision 10, paragraphs (b) to (d), and this subdivision.
deleted text end
deleted text begin
(b) Minimum coverage shall be for a period of not less than three years and for a
dollar amount equal to 36 months of nursing home care at the minimum daily benefit rate
determined and adjusted under paragraph (c).
deleted text end
deleted text begin
(c) Minimum daily benefits shall be $150 for nursing home care or $75 for home
care, with inflation protection provided in the policy as described in section deleted text begin 62S.23,
subdivision 1deleted text end , clause (1). These minimum daily benefit amounts shall also be adjusted
by the commissioner on October 1 of each year by a percentage equal to the inflation
protection feature described in section deleted text begin 62S.23, subdivision 1deleted text end , clause (1), for purposes of
setting minimum requirements that a policy must meet in future years in order to initially
qualify as an approved policy under this subdivision. Adjusted minimum daily benefit
amounts shall be rounded to the nearest whole dollar.
deleted text end
deleted text begin
(d) The policy must cover all of the following services:
deleted text end
deleted text begin
(1) nursing home stay;
deleted text end
deleted text begin
(2) home care service; and
deleted text end
deleted text begin
(3) care management.
deleted text end
Subd. 12.
Compliance with federal law.
An issuer of a partnership policy must
comply with deleted text begin any federal law authorizing partnership policies in Minnesotadeleted text end new text begin Public Law
109-171, section 6021new text end , including any federal regulations, as amended, adopted under that
law. deleted text begin This subdivision does not require compliance with any provision of this federal
law until the date upon which the law requires compliance with the provision. The
commissioner has authority to enforce this subdivision.
deleted text end
Subd. 13.
Limitations on estate recovery.
(a) deleted text begin For an individual who exhausts the
minimum benefits of adeleted text end deleted text begin dollar-for-dollar asset protectiondeleted text end deleted text begin policy under subdivision 10, and
is determined eligible for medical assistance under subdivision 9, the state shall limit
recovery under the provisions of section 256B.15 against the estate of the individual
or individual's spouse for medical assistance benefits received by that individual to an
amount that exceeds the dollar amount of coverage utilized under the partnership policy.deleted text end new text begin
Protected assets of the individual shall not be subject to recovery under section 256B.15
or 524.3-1201 for medical assistance or alternative care paid on behalf of the individual.
Protected assets of the individual in the estate of the individual's surviving spouse shall
not be liable to pay a claim for recovery of medical assistance paid for the predeceased
individual that is filed in the estate of the surviving spouse under section 256B.15.
Protected assets of the individual shall not be protected assets in the surviving spouse's
estate by reason of the preceding sentence and shall be subject to recovery under section
256B.15 or 524.3-1201 for medical assistance paid on behalf of the surviving spouse.
new text end
(b) deleted text begin For an individual who exhausts the minimum benefits of a total asset protection
policy under subdivision 11, and is determined eligible for medical assistance under
subdivision 9, the state shall not seek recovery under the provisions of section 256B.15
against the estate of the individual or individual's spouse for medical assistance benefits
received by that individual.deleted text end new text begin The personal representative may protect the full fair market
value of an individual's unprotected assets in the individual's estate in an amount equal
to the unused amount of asset protection the individual had on the date of death. The
personal representative shall apply the asset protection so that the full fair market value of
any unprotected asset in the estate is protected. When or if the asset protection available
to the personal representative is or becomes less than the full fair market value of any
remaining unprotected asset, it shall be applied to partially protect one unprotected asset.
new text end
new text begin
(c) The asset protection described in paragraph (a) terminates with respect to an asset
includable in the individual's estate under chapter 524 or section 256B.15:
new text end
new text begin
(1) when the estate distributes the asset; or
new text end
new text begin
(2) if the estate of the individual has not been probated within one year from the
date of death.
new text end
new text begin
(d) If an individual owns a protected asset on the date of death and the estate is
opened for probate more than one year after death, the state or a county agency may file
and collect claims in the estate under section 256B.15, and no statute of limitations in
chapter 524 that would otherwise limit or bar the claim shall apply.
new text end
new text begin
(e) Except as otherwise provided, nothing in this section shall limit or prevent
recovery of medical assistance.
new text end
Subd. 14.
Implementation.
deleted text begin
(a) If federal law is amended or a federal waiver is
granted to permit implementation of this section, the commissioner, in consultation with
the commissioner of commerce, may alter the requirements of subdivisions 10 and 11,
and may establish additional requirements for approved policies in order to conform with
federal law or waiver authority. In establishing these requirements, the commissioner shall
seek to maximize purchase of qualifying policies by Minnesota residents while controlling
medical assistance costs.
deleted text end
deleted text begin
(b) The commissioner is authorized to suspend implementation of this section
until the next session of the legislature if the commissioner, in consultation with the
commissioner of commerce, determines that the federal legislation or federal waiver
authorizing a partnership program in Minnesota is likely to impose substantial unforeseen
costs on the state budget.
deleted text end
deleted text begin
(c) The commissioner must take action under paragraph (a) or (b) within 45 days of
final federal action authorizing a partnership policy in Minnesota.
deleted text end
deleted text begin
(d) The commissioner must notify the appropriate legislative committees of
action taken under this subdivision within 50 days of final federal action authorizing a
partnership policy in Minnesota.
deleted text end
deleted text begin
(e) The commissioner must publish a notice in the State Register of implementation
decisions made under this subdivision as soon as practicable.
deleted text end
new text begin
The commissioner shall
submit a state plan amendment to the federal government to implement the long-term care
partnership program in accordance with this section.
new text end
new text begin Subd. 15. new text end
new text begin Limitation on liens. new text end
new text begin
(a) An individual's interest in real property shall
not be subject to a medical assistance lien or a notice of potential claim while and to the
extent it is protected under subdivision 9.
new text end
new text begin
(b) Medical assistance liens or liens arising under notices of potential claims against
an individual's interests in real property in the individual's estate that are designated as
protected under subdivision 13, paragraph (b), shall be released to the extent of the dollar
value of the protection applied to the interest.
new text end
new text begin
(c) If an interest in real property is protected from a lien for recovery of medical
assistance paid on behalf of the individual under paragraph (a) or (b), no lien for recovery
of medical assistance paid on behalf of that individual shall be filed against the protected
interest in real property after it is distributed to the individual's heirs or devisees.
new text end
new text begin Subd. 16. new text end
new text begin Burden of proof. new text end
new text begin
Any individual or the personal representative of the
individual's estate who asserts that an asset is a disregarded or protected asset under
this section in connection with any determination of eligibility for benefits under the
medical assistance program or any appeal, case, controversy, or other proceedings, shall
have the initial burden of:
new text end
new text begin
(1) documenting and proving by clear and convincing evidence that the asset or
source of funds for the asset in question was designated as disregarded or protected;
new text end
new text begin
(2) tracing the asset and the proceeds of the asset from that time forward; and
new text end
new text begin
(3) documenting that the asset or proceeds of the asset remained disregarded or
protected at all relevant times.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 8.
new text begin
[256B.0594] PAYMENT OF BENEFITS FROM AN ANNUITY.
new text end
new text begin
When payment becomes due under an annuity that names the department a
remainder beneficiary as described in section 256B.056, subdivision 11, the issuer shall
pay the department an amount equal to the lesser of the amount due the department under
the annuity or the total amount of medical assistance paid on behalf of the individual
or the individual's spouse. The issuer shall request and the department shall provide a
written statement of the total amount of medical assistance paid. Any amounts remaining
after the issuer's payment to the department shall be payable according to the terms of
the annuity or similar financial instrument.
new text end
Sec. 9.
Minnesota Statutes 2004, section 256B.0595, subdivision 1, is amended to read:
Subdivision 1.
Prohibited transfers.
(a) For transfers of assets made on or before
August 10, 1993, if a person or the person's spouse has given away, sold, or disposed of,
for less than fair market value, any asset or interest therein, except assets other than the
homestead that are excluded under the supplemental security program, within 30 months
before or any time after the date of institutionalization if the person has been determined
eligible for medical assistance, or within 30 months before or any time after the date of the
first approved application for medical assistance if the person has not yet been determined
eligible for medical assistance, the person is ineligible for long-term care services for the
period of time determined under subdivision 2.
(b) Effective for transfers made after August 10, 1993, a person, a person's spouse,
or any person, court, or administrative body with legal authority to act in place of, on
behalf of, at the direction of, or upon the request of the person or person's spouse, may not
give away, sell, or dispose of, for less than fair market value, any asset or interest therein,
except assets other than the homestead that are excluded under the supplemental security
income program, for the purpose of establishing or maintaining medical assistance
eligibility. This applies to all transfers, including those made by a community spouse
after the month in which the institutionalized spouse is determined eligible for medical
assistance. For purposes of determining eligibility for long-term care services, any transfer
of such assets within 36 months before or any time after an institutionalized person applies
for medical assistance, or 36 months before or any time after a medical assistance recipient
becomes institutionalized, for less than fair market value may be considered. Any such
transfer is presumed to have been made for the purpose of establishing or maintaining
medical assistance eligibility and the person is ineligible for long-term care services for
the period of time determined under subdivision 2, unless the person furnishes convincing
evidence to establish that the transaction was exclusively for another purpose, or unless
the transfer is permitted under subdivision 3 or 4. deleted text begin Notwithstanding the provisions of this
paragraph, deleted text end In the case of payments from a trust or portions of a trust that are considered
transfers of assets under federal law, new text begin or in the case of any other disposal of assets made on
or after February 8, 2006, new text end any transfers made within 60 months before or any time after an
institutionalized person applies for medical assistance and within 60 months before or any
time after a medical assistance recipient becomes institutionalized, may be considered.
(c) This section applies to transfers, for less than fair market value, of income
or assets, including assets that are considered income in the month received, such as
inheritances, court settlements, and retroactive benefit payments or income to which the
person or the person's spouse is entitled but does not receive due to action by the person,
the person's spouse, or any person, court, or administrative body with legal authority
to act in place of, on behalf of, at the direction of, or upon the request of the person or
the person's spouse.
(d) This section applies to payments for care or personal services provided by a
relative, unless the compensation was stipulated in a notarized, written agreement which
was in existence when the service was performed, the care or services directly benefited
the person, and the payments made represented reasonable compensation for the care
or services provided. A notarized written agreement is not required if payment for the
services was made within 60 days after the service was provided.
(e) This section applies to the portion of any asset or interest that a person, a person's
spouse, or any person, court, or administrative body with legal authority to act in place of,
on behalf of, at the direction of, or upon the request of the person or the person's spouse,
transfers to any annuity that exceeds the value of the benefit likely to be returned to the
person or spouse while alive, based on estimated life expectancy using the life expectancy
tables employed by the supplemental security income program to determine the value
of an agreement for services for life. The commissioner may adopt rules reducing life
expectancies based on the need for long-term care. This section applies to an annuity
described in this paragraph purchased on or after March 1, 2002, that:
(1) is not purchased from an insurance company or financial institution that is
subject to licensing or regulation by the Minnesota Department of Commerce or a similar
regulatory agency of another state;
(2) does not pay out principal and interest in equal monthly installments; or
(3) does not begin payment at the earliest possible date after annuitization.
new text begin
(f) Effective for transactions, including the purchase of an annuity, occurring on or
after February 8, 2006, the purchase of an annuity by or on behalf of an individual who
has applied for long-term care services shall be treated as the disposal of an asset for
less than fair market value unless:
new text end
new text begin
(1) the department is named as the remainder beneficiary in first position for an
amount equal to at least the total amount of medical assistance paid on behalf of the
individual or the individual's spouse; or the department is named as the remainder
beneficiary in second position for an amount equal to at least the total amount of medical
assistance paid on behalf of the individual or the individual's spouse after the individual's
community spouse or minor or disabled child and is named as the remainder beneficiary in
the first position if the community spouse or a representative of the minor or disabled child
disposes of the remainder for less than fair market value. Any subsequent change to the
designation of the department as a remainder beneficiary shall result in the annuity being
treated as a disposal of assets for less than fair market value. The amount of such transfer
shall be the maximum amount the individual or the individual's spouse could receive from
the annuity or similar financial instrument. Any change in the amount of the income or
principal being withdrawn from the annuity or other similar financial instrument at the
time of the most recent disclosure shall be deemed to be a transfer of assets for less than
fair market value unless the individual or the individual's spouse demonstrates that the
transaction was for fair market value; or
new text end
new text begin
(2) the annuity is:
new text end
new text begin
(i) an annuity described in subsection (b) or (q) of section 408 of the Internal
Revenue Code of 1986; or
new text end
new text begin
(ii) purchased with proceeds from:
new text end
new text begin
(A) an account or trust described in subsection (a), (c), or (p) of section 408 of the
Internal Revenue Code;
new text end
new text begin
(B) a simplified employee pension within the meaning of section 408(k) of the
Internal Revenue Code; or
new text end
new text begin
(C) a Roth IRA described in section 408A of the Internal Revenue Code; or
new text end
new text begin
(iii) an annuity that is irrevocable and nonassignable; is actuarially sound as
determined in accordance with actuarial publications of the Office of the Chief Actuary of
the Social Security Administration; and provides for payments in equal amounts during
the term of the annuity, with no deferral and no balloon payments made.
new text end
deleted text begin (f)deleted text end new text begin (g)new text end For purposes of this section, long-term care services include services in a
nursing facility, services that are eligible for payment according to section 256B.0625,
subdivision 2, because they are provided in a swing bed, intermediate care facility for
persons with mental retardation, and home and community-based services provided
pursuant to sections 256B.0915, 256B.092, and 256B.49. For purposes of this subdivision
and subdivisions 2, 3, and 4, "institutionalized person" includes a person who is an
inpatient in a nursing facility or in a swing bed, or intermediate care facility for persons
with mental retardation or who is receiving home and community-based services under
sections 256B.0915, 256B.092, and 256B.49.
new text begin
(h) This section applies to funds used to purchase a promissory note, loan, or
mortgage unless such note, loan, or mortgage:
new text end
new text begin
(1) has a repayment term that is actuarially sound;
new text end
new text begin
(2) provides for payments to be made in equal amounts during the term of the loan,
with no deferral and no balloon payments made; and
new text end
new text begin
(3) prohibits the cancellation of the balance upon the death of the lender.
new text end
new text begin
In the case of a promissory note, loan, or mortgage that does not meet an exception
in paragraph (a), the value of such note, loan, or mortgage shall be the outstanding balance
due as of the date of the individual's application for long-term care services.
new text end
new text begin
(i) This section applies to the purchase of a life estate interest in another individual's
home unless the purchaser resides in the home for a period of at least one year after the
date of purchase.
new text end
Sec. 10.
Minnesota Statutes 2005 Supplement, section 256B.0595, subdivision 2,
is amended to read:
Subd. 2.
Period of ineligibility.
(a) For any uncompensated transfer occurring on or
before August 10, 1993, the number of months of ineligibility for long-term care services
shall be the lesser of 30 months, or the uncompensated transfer amount divided by the
average medical assistance rate for nursing facility services in the state in effect on the
date of application. The amount used to calculate the average medical assistance payment
rate shall be adjusted each July 1 to reflect payment rates for the previous calendar year.
The period of ineligibility begins with the month in which the assets were transferred.
If the transfer was not reported to the local agency at the time of application, and the
applicant received long-term care services during what would have been the period of
ineligibility if the transfer had been reported, a cause of action exists against the transferee
for the cost of long-term care services provided during the period of ineligibility, or for the
uncompensated amount of the transfer, whichever is less. The action may be brought by
the state or the local agency responsible for providing medical assistance under chapter
256G. The uncompensated transfer amount is the fair market value of the asset at the time
it was given away, sold, or disposed of, less the amount of compensation received.
(b) For uncompensated transfers made after August 10, 1993, the number of months
of ineligibility for long-term care services shall be the total uncompensated value of the
resources transferred divided by the average medical assistance rate for nursing facility
services in the state in effect on the date of application. The amount used to calculate the
average medical assistance payment rate shall be adjusted each July 1 to reflect payment
rates for the previous calendar year. The period of ineligibility begins with the first day
of the month after the month in which the assets were transferred except that if one or
more uncompensated transfers are made during a period of ineligibility, the total assets
transferred during the ineligibility period shall be combined and a penalty period calculated
to begin on the first day of the month after the month in which the first uncompensated
transfer was made. If the transfer was reported to the local agency after the date that
advance notice of a period of ineligibility that affects the next month could be provided to
the recipient and the recipient received medical assistance services or the transfer was not
reported to the local agency, and the applicant or recipient received medical assistance
services during what would have been the period of ineligibility if the transfer had been
reported, a cause of action exists against the transferee for the cost of medical assistance
services provided during the period of ineligibility, or for the uncompensated amount of
the transfer, whichever is less. The action may be brought by the state or the local agency
responsible for providing medical assistance under chapter 256G. The uncompensated
transfer amount is the fair market value of the asset at the time it was given away, sold, or
disposed of, less the amount of compensation received. Effective for transfers made on or
after March 1, 1996, involving persons who apply for medical assistance on or after April
13, 1996, no cause of action exists for a transfer unless:
(1) the transferee knew or should have known that the transfer was being made by a
person who was a resident of a long-term care facility or was receiving that level of care in
the community at the time of the transfer;
(2) the transferee knew or should have known that the transfer was being made to
assist the person to qualify for or retain medical assistance eligibility; or
(3) the transferee actively solicited the transfer with intent to assist the person to
qualify for or retain eligibility for medical assistance.
(c) new text begin For uncompensated transfers made on or after February 8, 2006, the period of
ineligibility begins on the first day of the month in which advance notice can be given
following the month in which assets have been transferred for less than fair market value,
or the date on which the individual is eligible for medical assistance under the Medicaid
state plan and would otherwise be receiving long-term care services based on an approved
application for such care but for the application of the penalty period, whichever is later,
and which does not occur during any other period of ineligibility.
new text end
new text begin (d) new text end If a calculation of a penalty period results in a partial month, payments for
long-term care services shall be reduced in an amount equal to the fractionnew text begin .new text end deleted text begin , except that in
calculating the value of uncompensated transfers, if the total value of all uncompensated
transfers made in a month not included in an existing penalty period does not exceed $200,
then such transfers shall be disregarded for each month prior to the month of application
for or during receipt of medical assistance.
deleted text end
new text begin
(e) In the case of multiple fractional transfers of assets in more than one month for
less than fair market value on or after February 8, 2006, the period of ineligibility is
calculated by treating the total, cumulative uncompensated value of all assets transferred
during all months on or after February 8, 2006, as one transfer.
new text end
Sec. 11.
Minnesota Statutes 2004, section 256B.0595, subdivision 3, is amended to
read:
Subd. 3.
Homestead exception to transfer prohibition.
(a) An institutionalized
person is not ineligible for long-term care services due to a transfer of assets for less than
fair market value if the asset transferred was a homestead and:
(1) title to the homestead was transferred to the individual'snew text begin :
new text end
(i) spouse;
(ii) child who is under age 21;
(iii) blind or permanently and totally disabled child as defined in the supplemental
security income program;
(iv) sibling who has equity interest in the home and who was residing in the home
for a period of at least one year immediately before the date of the individual's admission
to the facility; or
(v) son or daughter who was residing in the individual's home for a period of at least
two years immediately before the date of the individual's admission to the facility, and who
provided care to the individual that, as certified by the individual's attending physician,
permitted the individual to reside at home rather than in an institution or facility;
(2) a satisfactory showing is made that the individual intended to dispose of the
homestead at fair market value or for other valuable consideration; or
(3) the local agency grants a waiver of a penalty resulting from a transfer for less
than fair market value because denial of eligibility would cause undue hardship for the
individual, based on imminent threat to the individual's health and well-being. Whenever
an applicant or recipient is denied eligibility because of a transfer for less than fair market
value, the local agency shall notify the applicant or recipient that the applicant or recipient
may request a waiver of the penalty if the denial of eligibility will cause undue hardship.
new text begin With the written consent of the individual or the personal representative of the individual,
a long-term care facility in which an individual is residing may file an undue hardship
waiver request, on behalf of the individual who is denied eligibility for long-term care
services on or after July 1, 2006, due to a period of ineligibility resulting from a transfer
on or after February 8, 2006. new text end In evaluating a waiver, the local agency shall take into
account whether the individual was the victim of financial exploitation, whether the
individual has made reasonable efforts to recover the transferred property or resource,
new text begin whether the individual has taken any action to prevent the designation of the department
as a remainder beneficiary on an annuity as described in section 256B.056, subdivision
11, new text end and other factors relevant to a determination of hardship. If the local agency does not
approve a hardship waiver, the local agency shall issue a written notice to the individual
stating the reasons for the denial and the process for appealing the local agency's decision.
(b) When a waiver is granted under paragraph (a), clause (3), a cause of action exists
against the person to whom the homestead was transferred for that portion of long-term
care services granted within:
(1) 30 months of a transfer made on or before August 10, 1993;
(2) 60 months if the homestead was transferred after August 10, 1993, to a trust or
portion of a trust that is considered a transfer of assets under federal law; deleted text begin or
deleted text end
(3) 36 months if transferred in any other manner after August 10, 1993,new text begin but prior
to February 8, 2006; or
new text end
new text begin
(4) 60 months if the homestead was transferred on or after February 8, 2006,
new text end
or the amount of the uncompensated transfer, whichever is less, together with the
costs incurred due to the action. The action shall be brought by the state unless the
state delegates this responsibility to the local agency responsible for providing medical
assistance under chapter 256G.
Sec. 12.
Minnesota Statutes 2004, section 256B.0595, subdivision 4, is amended to
read:
Subd. 4.
Other exceptions to transfer prohibition.
An institutionalized person
who has made, or whose spouse has made a transfer prohibited by subdivision 1, is not
ineligible for long-term care services if one of the following conditions applies:
(1) the assets were transferred to the individual's spouse or to another for the sole
benefit of the spouse; or
(2) the institutionalized spouse, prior to being institutionalized, transferred assets
to a spouse, provided that the spouse to whom the assets were transferred does not then
transfer those assets to another person for less than fair market value. (At the time when
one spouse is institutionalized, assets must be allocated between the spouses as provided
under section 256B.059); or
(3) the assets were transferred to the individual's child who is blind or permanently
and totally disabled as determined in the supplemental security income program; or
(4) a satisfactory showing is made that the individual intended to dispose of the
assets either at fair market value or for other valuable consideration; or
(5) the local agency determines that denial of eligibility for long-term care services
would work an undue hardship and grants a waiver of a penalty resulting from a transfer
for less than fair market value based on an imminent threat to the individual's health
and well-being. Whenever an applicant or recipient is denied eligibility because of a
transfer for less than fair market value, the local agency shall notify the applicant or
recipient that the applicant or recipient may request a waiver of the penalty if the denial of
eligibility will cause undue hardship. new text begin With the written consent of the individual or the
personal representative of the individual, a long-term care facility in which an individual
is residing may file an undue hardship waiver request, on behalf of the individual who is
denied eligibility for long-term care services on or after July 1, 2006, due to a period of
ineligibility resulting from a transfer on or after February 8, 2006. new text end In evaluating a waiver,
the local agency shall take into account whether the individual was the victim of financial
exploitation, whether the individual has made reasonable efforts to recover the transferred
property or resource, and other factors relevant to a determination of hardship. If the local
agency does not approve a hardship waiver, the local agency shall issue a written notice to
the individual stating the reasons for the denial and the process for appealing the local
agency's decision. When a waiver is granted, a cause of action exists against the person to
whom the assets were transferred for that portion of long-term care services granted within:
(i) 30 months of a transfer made on or before August 10, 1993;
(ii) 60 months of a transfer if the assets were transferred after August 30, 1993, to a
trust or portion of a trust that is considered a transfer of assets under federal law; deleted text begin or
deleted text end
(iii) 36 months of a transfer if transferred in any other manner after August 10, 1993,new text begin
but prior to February 8, 2006; or
new text end
new text begin
(iv) 60 months of any transfer made on or after February 8, 2006,
new text end
or the amount of the uncompensated transfer, whichever is less, together with the
costs incurred due to the action. The action shall be brought by the state unless the
state delegates this responsibility to the local agency responsible for providing medical
assistance under this chapter; or
(6) for transfers occurring after August 10, 1993, the assets were transferred by
the person or person's spouse: (i) into a trust established for the sole benefit of a son or
daughter of any age who is blind or disabled as defined by the Supplemental Security
Income program; or (ii) into a trust established for the sole benefit of an individual who is
under 65 years of age who is disabled as defined by the Supplemental Security Income
program.
"For the sole benefit of" has the meaning found in section 256B.059, subdivision 1.
Sec. 13.
Minnesota Statutes 2005 Supplement, section 256B.06, subdivision 4, is
amended to read:
Subd. 4.
Citizenship requirements.
(a) Eligibility for medical assistance is limited
to citizens of the United States, qualified noncitizens as defined in this subdivision, and
other persons residing lawfully in the United States.new text begin Citizens or nationals of the United
States must cooperate in obtaining satisfactory documentary evidence of citizenship or
nationality as required by the federal Deficit Reduction Act of 2005, Public Law 109-171.
new text end
(b) "Qualified noncitizen" means a person who meets one of the following
immigration criteria:
(1) admitted for lawful permanent residence according to United States Code, title 8;
(2) admitted to the United States as a refugee according to United States Code,
title 8, section 1157;
(3) granted asylum according to United States Code, title 8, section 1158;
(4) granted withholding of deportation according to United States Code, title 8,
section 1253(h);
(5) paroled for a period of at least one year according to United States Code, title 8,
section 1182(d)(5);
(6) granted conditional entrant status according to United States Code, title 8,
section 1153(a)(7);
(7) determined to be a battered noncitizen by the United States Attorney General
according to the Illegal Immigration Reform and Immigrant Responsibility Act of 1996,
title V of the Omnibus Consolidated Appropriations Bill, Public Law 104-200;
(8) is a child of a noncitizen determined to be a battered noncitizen by the United
States Attorney General according to the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996, title V, of the Omnibus Consolidated Appropriations Bill,
Public Law 104-200; or
(9) determined to be a Cuban or Haitian entrant as defined in section 501(e) of Public
Law 96-422, the Refugee Education Assistance Act of 1980.
(c) All qualified noncitizens who were residing in the United States before August
22, 1996, who otherwise meet the eligibility requirements of this chapter, are eligible for
medical assistance with federal financial participation.
(d) All qualified noncitizens who entered the United States on or after August 22,
1996, and who otherwise meet the eligibility requirements of this chapter, are eligible for
medical assistance with federal financial participation through November 30, 1996.
Beginning December 1, 1996, qualified noncitizens who entered the United States
on or after August 22, 1996, and who otherwise meet the eligibility requirements of this
chapter are eligible for medical assistance with federal participation for five years if they
meet one of the following criteria:
(i) refugees admitted to the United States according to United States Code, title 8,
section 1157;
(ii) persons granted asylum according to United States Code, title 8, section 1158;
(iii) persons granted withholding of deportation according to United States Code,
title 8, section 1253(h);
(iv) veterans of the United States armed forces with an honorable discharge for
a reason other than noncitizen status, their spouses and unmarried minor dependent
children; or
(v) persons on active duty in the United States armed forces, other than for training,
their spouses and unmarried minor dependent children.
Beginning December 1, 1996, qualified noncitizens who do not meet one of the
criteria in items (i) to (v) are eligible for medical assistance without federal financial
participation as described in paragraph (j).
(e) Noncitizens who are not qualified noncitizens as defined in paragraph (b),
who are lawfully residing in the United States and who otherwise meet the eligibility
requirements of this chapter, are eligible for medical assistance under clauses (1) to (3).
These individuals must cooperate with the Immigration and Naturalization Service to
pursue any applicable immigration status, including citizenship, that would qualify them
for medical assistance with federal financial participation.
(1) Persons who were medical assistance recipients on August 22, 1996, are eligible
for medical assistance with federal financial participation through December 31, 1996.
(2) Beginning January 1, 1997, persons described in clause (1) are eligible for
medical assistance without federal financial participation as described in paragraph (j).
(3) Beginning December 1, 1996, persons residing in the United States prior to
August 22, 1996, who were not receiving medical assistance and persons who arrived on
or after August 22, 1996, are eligible for medical assistance without federal financial
participation as described in paragraph (j).
(f) Nonimmigrants who otherwise meet the eligibility requirements of this chapter
are eligible for the benefits as provided in paragraphs (g) to (i). For purposes of this
subdivision, a "nonimmigrant" is a person in one of the classes listed in United States
Code, title 8, section 1101(a)(15).
(g) Payment shall also be made for care and services that are furnished to noncitizens,
regardless of immigration status, who otherwise meet the eligibility requirements of
this chapter, if such care and services are necessary for the treatment of an emergency
medical condition, except for organ transplants and related care and services and routine
prenatal care.
(h) For purposes of this subdivision, the term "emergency medical condition" means
a medical condition that meets the requirements of United States Code, title 42, section
1396b(v).
(i) Pregnant noncitizens who are undocumented, nonimmigrants, or eligible for
medical assistance as described in paragraph (j), and who are not covered by a group
health plan or health insurance coverage according to Code of Federal Regulations, title
42, section 457.310, and who otherwise meet the eligibility requirements of this chapter,
are eligible for medical assistance through the period of pregnancy, including labor and
delivery, to the extent federal funds are available under title XXI of the Social Security
Act, and the state children's health insurance program, followed by 60 days postpartum
without federal financial participation.
(j) Qualified noncitizens as described in paragraph (d), and all other noncitizens
lawfully residing in the United States as described in paragraph (e), who are ineligible
for medical assistance with federal financial participation and who otherwise meet the
eligibility requirements of chapter 256B and of this paragraph, are eligible for medical
assistance without federal financial participation. Qualified noncitizens as described
in paragraph (d) are only eligible for medical assistance without federal financial
participation for five years from their date of entry into the United States.
(k) Beginning October 1, 2003, persons who are receiving care and rehabilitation
services from a nonprofit center established to serve victims of torture and are otherwise
ineligible for medical assistance under this chapter are eligible for medical assistance
without federal financial participation. These individuals are eligible only for the period
during which they are receiving services from the center. Individuals eligible under this
paragraph shall not be required to participate in prepaid medical assistance.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 14.
Minnesota Statutes 2005 Supplement, section 256B.0625, subdivision 1a,
is amended to read:
Subd. 1a.
Services provided in a hospital emergency room.
Medical assistance
deleted text begin does not cover visits to a hospital emergency room that are not for emergency and
emergency poststabilization care or urgent care, and does not pay for any services provided
in a hospital emergency room that are not for emergency and emergency poststabilization
care or urgent caredeleted text end new text begin payment of a nonemergency emergency room facility component shall
be reduced to the payment level of the appropriate outpatient clinic facility componentnew text end .
Sec. 15. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2005 Supplement, section 256B.0571, subdivisions 2, 5, and
11,
new text end
new text begin
are repealed.
new text end
ARTICLE 22
QUALIFIED LONG-TERM CARE INSURANCE REGULATORY CHANGES
Section 1.
Minnesota Statutes 2004, section 62S.05, is amended by adding a
subdivision to read:
new text begin Subd. 4. new text end
new text begin Extension of limitation periods. new text end
new text begin
The commissioner may extend the
limitation periods set forth in subdivisions 1 and 2 as to specific age group categories in
specific policy forms upon finding that the extension is in the best interest of the public.
new text end
Sec. 2.
Minnesota Statutes 2004, section 62S.08, subdivision 3, is amended to read:
Subd. 3.
Mandatory format.
The following standard format outline of coverage
must be used, unless otherwise specifically indicated:
COMPANY NAME
ADDRESS - CITY AND STATE
TELEPHONE NUMBER
LONG-TERM CARE INSURANCE
OUTLINE OF COVERAGE
Policy Number or Group Master Policy and Certificate Number
(Except for policies or certificates which are guaranteed issue, the following caution
statement, or language substantially similar, must appear as follows in the outline of
coverage.)
CAUTION: The issuance of this long-term care insurance (policy) (certificate)
is based upon your responses to the questions on your application. A copy of your
(application) (enrollment form) (is enclosed) (was retained by you when you applied).
If your answers are incorrect or untrue, the company has the right to deny benefits or
rescind your policy. The best time to clear up any questions is now, before a claim
arises. If, for any reason, any of your answers are incorrect, contact the company at this
address: (insert address).
(1) This policy is (an individual policy of insurance) (a group policy) which was
issued in the (indicate jurisdiction in which group policy was issued).
(2) PURPOSE OF OUTLINE OF COVERAGE. This outline of coverage provides
a very brief description of the important features of the policy. You should compare
this outline of coverage to outlines of coverage for other policies available to you. This
is not an insurance contract, but only a summary of coverage. Only the individual or
group policy contains governing contractual provisions. This means that the policy or
group policy sets forth in detail the rights and obligations of both you and the insurance
company. Therefore, if you purchase this coverage, or any other coverage, it is important
that you READ YOUR POLICY (OR CERTIFICATE) CAREFULLY.
(3) THIS PLAN IS INTENDED TO BE A QUALIFIED LONG-TERM CARE
INSURANCE CONTRACT AS DEFINED UNDER SECTION 7702(B)(b) OF THE
INTERNAL REVENUE CODE OF 1986.
(4) new text begin TERMS UNDER WHICH THE POLICY OR CERTIFICATE MAY BE
CONTINUED IN FORCE OR DISCONTINUED.
new text end
new text begin
(a) (For long-term care health insurance policies or certificates describe one of the
following permissible policy renewability provisions:
new text end
new text begin
(1) Policies and certificates that are guaranteed renewable shall contain the following
statement:) RENEWABILITY: THIS POLICY (CERTIFICATE) IS GUARANTEED
RENEWABLE. This means you have the right, subject to the terms of your policy,
(certificate) to continue this policy as long as you pay your premiums on time. (Company
name) cannot change any of the terms of your policy on its own, except that, in the future,
IT MAY INCREASE THE PREMIUM YOU PAY.
new text end
new text begin
(2) (Policies and certificates that are noncancelable shall contain the following
statement:) RENEWABILITY: THIS POLICY (CERTIFICATE) IS NONCANCELABLE.
This means that you have the right, subject to the terms of your policy, to continue this
policy as long as you pay your premiums on time. (Company name) cannot change any
of the terms of your policy on its own and cannot change the premium you currently
pay. However, if your policy contains an inflation protection feature where you choose
to increase your benefits, (company name) may increase your premium at that time for
those additional benefits.
new text end
new text begin
(b) (For group coverage, specifically describe continuation/conversion provisions
applicable to the certificate and group policy.)
new text end
new text begin
(c) (Describe waiver of premium provisions or state that there are not such
provisions.)
new text end
new text begin
(5) TERMS UNDER WHICH THE COMPANY MAY CHANGE PREMIUMS.
new text end
new text begin
(In bold type larger than the maximum type required to be used for the other
provisions of the outline of coverage, state whether or not the company has a right to
change the premium and, if a right exists, describe clearly and concisely each circumstance
under which the premium may change.)
new text end
new text begin (6) new text end TERMS UNDER WHICH THE POLICY OR CERTIFICATE MAY BE
RETURNED AND PREMIUM REFUNDED.
(a) (Provide a brief description of the right to return -- "free look" provision of
the policy.)
(b) (Include a statement that the policy either does or does not contain provisions
providing for a refund or partial refund of premium upon the death of an insured or
surrender of the policy or certificate. If the policy contains such provisions, include a
description of them.)
deleted text begin (5)deleted text end new text begin (7) new text end THIS IS NOT MEDICARE SUPPLEMENT COVERAGE. If you are
eligible for Medicare, review the Medicare Supplement Buyer's Guide available from
the insurance company.
(a) (For agents) neither (insert company name) nor its agents represent Medicare, the
federal government, or any state government.
(b) (For direct response) (insert company name) is not representing Medicare, the
federal government, or any state government.
deleted text begin (6)deleted text end new text begin (8) new text end LONG-TERM CARE COVERAGE. Policies of this category are designed to
provide coverage for one or more necessary or medically necessary diagnostic, preventive,
therapeutic, rehabilitative, maintenance, or personal care services, provided in a setting
other than an acute care unit of a hospital, such as in a nursing home, in the community,
or in the home.
This policy provides coverage in the form of a fixed dollar indemnity benefit for
covered long-term care expenses, subject to policy (limitations), (waiting periods), and
(coinsurance) requirements. (Modify this paragraph if the policy is not an indemnity
policy.)
deleted text begin (7)deleted text end new text begin (9) new text end BENEFITS PROVIDED BY THIS POLICY.
(a) (Covered services, related deductible(s), waiting periods, elimination periods,
and benefit maximums.)
(b) (Institutional benefits, by skill level.)
(c) (Noninstitutional benefits, by skill level.)
new text begin
(d) (Eligibility for payment of benefits.)
new text end
new text begin
(Activities of daily living and cognitive impairment shall be used to measure an
insured's need for long-term care and must be defined and described as part of the outline
of coverage.)
new text end
(Any benefit screens must be explained in this section. If these screens differ for
different benefits, explanation of the screen should accompany each benefit description. If
an attending physician or other specified person must certify a certain level of functional
dependency in order to be eligible for benefits, this too must be specified. If activities of
daily living (ADLs) are used to measure an insured's need for long-term care, then these
qualifying criteria or screens must be explained.)
deleted text begin (8)deleted text end new text begin (10) new text end LIMITATIONS AND EXCLUSIONS:
Describe:
(a) preexisting conditions;
(b) noneligible facilities/provider;
(c) noneligible levels of care (e.g., unlicensed providers, care or treatment provided
by a family member, etc.);
(d) exclusions/exceptions; and
(e) limitations.
(This section should provide a brief specific description of any policy provisions
which limit, exclude, restrict, reduce, delay, or in any other manner operate to qualify
payment of the benefits described in paragraph deleted text begin (6)deleted text end new text begin (8)new text end .)
THIS POLICY MAY NOT COVER ALL THE EXPENSES ASSOCIATED WITH
YOUR LONG-TERM CARE NEEDS.
deleted text begin (9)deleted text end new text begin (11) new text end RELATIONSHIP OF COST OF CARE AND BENEFITS. Because the costs
of long-term care services will likely increase over time, you should consider whether and
how the benefits of this plan may be adjusted. As applicable, indicate the following:
(a) that the benefit level will not increase over time;
(b) any automatic benefit adjustment provisions;
(c) whether the insured will be guaranteed the option to buy additional benefits and
the basis upon which benefits will be increased over time if not by a specified amount
or percentage;
(d) if there is such a guarantee, include whether additional underwriting or health
screening will be required, the frequency and amounts of the upgrade options, and any
significant restrictions or limitations; and
(e) whether there will be any additional premium charge imposed and how that
is to be calculated.
deleted text begin (10)deleted text end new text begin (12) new text end ALZHEIMER'S DISEASE AND OTHER ORGANIC BRAIN
DISORDERS. (State that the policy provides coverage for insureds clinically diagnosed as
having Alzheimer's disease or related degenerative and dementing illnesses. Specifically,
describe each benefit screen or other policy provision which provides preconditions to the
availability of policy benefits for such an insured.)
deleted text begin (11)deleted text end new text begin (13) new text end PREMIUM.
(a) State the total annual premium for the policy.
(b) If the premium varies with an applicant's choice among benefit options, indicate
the portion of annual premium which corresponds to each benefit option.
deleted text begin (12)deleted text end new text begin (14) new text end ADDITIONAL FEATURES.
(a) Indicate if medical underwriting is used.
(b) Describe other important features.
new text begin
(15) CONTACT THE STATE DEPARTMENT OF COMMERCE OR SENIOR
LINKAGE LINE IF YOU HAVE GENERAL QUESTIONS REGARDING LONG-TERM
CARE INSURANCE. CONTACT THE INSURANCE COMPANY IF YOU HAVE
SPECIFIC QUESTIONS REGARDING YOUR LONG-TERM CARE INSURANCE
POLICY OR CERTIFICATE.
new text end
Sec. 3.
Minnesota Statutes 2004, section 62S.081, subdivision 4, is amended to read:
Subd. 4.
Forms.
An insurer shall use the forms in Appendices B new text begin (Personal
Worksheet) new text end and F new text begin (Potential Rate Increase Disclosure Form) new text end of the Long-term Care
Insurance Model Regulation adopted by the National Association of Insurance
Commissioners to comply with the requirements of subdivisions 1 and 2.
Sec. 4.
Minnesota Statutes 2004, section 62S.10, subdivision 2, is amended to read:
Subd. 2.
Contents.
The summary must include the following information:
(1) an explanation of how the long-term care benefit interacts with other components
of the policy, including deductions from death benefits;
(2) an illustration of the amount of benefits, the length of benefits, and the guaranteed
lifetime benefits, if any, for each covered person; deleted text begin and
deleted text end
(3) any exclusions, reductions, and limitations on benefits of long-term carenew text begin ; and
new text end
new text begin (4) a statement that any long-term care inflation protection option required by section
62S.23 is not available under this policynew text end .
Sec. 5.
Minnesota Statutes 2004, section 62S.13, is amended by adding a subdivision
to read:
new text begin Subd. 6. new text end
new text begin Death of insured. new text end
new text begin
In the event of the death of the insured, this section shall
not apply to the remaining death benefit of a life insurance policy that accelerates benefits
for long-term care. In this situation, the remaining death benefits under these policies shall
be governed by section 61A.03, subdivision 1, paragraph (c). In all other situations, this
section shall apply to life insurance policies that accelerate benefits for long-term care.
new text end
Sec. 6.
Minnesota Statutes 2004, section 62S.14, subdivision 2, is amended to read:
Subd. 2.
Terms.
The terms "guaranteed renewable" and "noncancelable" may not
be used in an individual long-term care insurance policy without further explanatory
language that complies with the disclosure requirements of section 62S.20.new text begin The term
"level premium" may only be used when the insurer does not have the right to change
the premium.new text end
Sec. 7.
Minnesota Statutes 2004, section 62S.15, is amended to read:
62S.15 AUTHORIZED LIMITATIONS AND EXCLUSIONS.
No policy may be delivered or issued for delivery in this state as long-term care
insurance if the policy limits or excludes coverage by type of illness, treatment, medical
condition, or accident, except as follows:
(1) preexisting conditions or diseases;
(2) mental or nervous disorders; except that the exclusion or limitation of benefits on
the basis of Alzheimer's disease is prohibited;
(3) alcoholism and drug addiction;
(4) illness, treatment, or medical condition arising out of war or act of war;
participation in a felony, riot, or insurrection; service in the armed forces or auxiliary
units; suicide, attempted suicide, or intentionally self-inflicted injury; or non-fare-paying
aviation; deleted text begin and
deleted text end
(5) treatment provided in a government facility unless otherwise required by
law, services for which benefits are available under Medicare or other government
program except Medicaid, state or federal workers' compensation, employer's liability
or occupational disease law, motor vehicle no-fault law; services provided by a member
of the covered person's immediate family; and services for which no charge is normally
made in the absence of insurancenew text begin ; and
new text end
new text begin (6) expenses for services or items available or paid under another long-term care
insurance or health insurance policynew text end .
This subdivision does not prohibit exclusions and limitations by type of provider or
territorial limitations.
Sec. 8.
Minnesota Statutes 2004, section 62S.20, subdivision 1, is amended to read:
Subdivision 1.
Renewability.
new text begin (a) new text end Individual long-term care insurance policies
must contain a renewability provision that is appropriately captioned, appears on the first
page of the policy, and clearly states deleted text begin the duration, where limited, of renewability and the
duration of the term of coverage for which the policy is issued and for which it may be
reneweddeleted text end new text begin that the coverage is guaranteed renewable or noncancelablenew text end . This subdivision
does not apply to policies which are part of or combined with life insurance policies
which do not contain a renewability provision and under which the right to nonrenew is
reserved solely to the policyholder.
new text begin
(b) A long-term care insurance policy or certificate, other than one where the insurer
does not have the right to change the premium, shall include a statement that premium
rates may change.
new text end
Sec. 9.
Minnesota Statutes 2004, section 62S.24, subdivision 1, is amended to read:
Subdivision 1.
Required questions.
An application form must include the following
questions designed to elicit information as to whether, as of the date of the application, the
applicant has another long-term care insurance policy or certificate in force or whether a
long-term care policy or certificate is intended to replace any other new text begin accident and sickness
or new text end long-term care policy or certificate presently in force. A supplementary application
or other form to be signed by the applicant and agent, except where the coverage is sold
without an agent, containing the following questions may be used. If a replacement policy
is issued to a group as defined under section 62S.01, subdivision 15, clause (1), the
following questions may be modified only to the extent necessary to elicit information
about long-term care insurance policies other than the group policy being replaced;
provided, however, that the certificate holder has been notified of the replacement:
(1) do you have another long-term care insurance policy or certificate in forcenew text begin
(including health care service contract or health maintenance organization contract)new text end ?;
(2) did you have another long-term care insurance policy or certificate in force
during the last 12 months?;
(i) if so, with which company?; and
(ii) if that policy lapsed, when did it lapse?; deleted text begin and
deleted text end
(3) are you covered by Medicaid?new text begin ; and
new text end
new text begin
(4) do you intend to replace any of your medical or health insurance coverage with
this policy (certificate)?
new text end
Sec. 10.
Minnesota Statutes 2004, section 62S.24, is amended by adding a subdivision
to read:
new text begin Subd. 1a. new text end
new text begin Other health insurance policies sold by agent. new text end
new text begin
Agents shall list all other
health insurance policies they have sold to the applicant that are still in force or were sold
in the past five years and are no longer in force.
new text end
Sec. 11.
Minnesota Statutes 2004, section 62S.24, subdivision 3, is amended to read:
Subd. 3.
Solicitations other than direct response.
After determining that a
sale will involve replacement, an insurer, other than an insurer using direct response
solicitation methods or its agent, shall furnish the applicant, before issuance or delivery of
the individual long-term care insurance policy, a notice regarding replacement of accident
and sickness or long-term care coverage. One copy of the notice must be retained by the
applicant and an additional copy signed by the applicant must be retained by the insurer.
The required notice must be provided in the following manner:
NOTICE TO APPLICANT REGARDING REPLACEMENT OF
INDIVIDUAL ACCIDENT AND SICKNESS OR LONG-TERM
CARE INSURANCE
(Insurance company's name and address)
SAVE THIS NOTICE! IT MAY BE IMPORTANT TO YOU IN THE FUTURE.
According to (your application) (information you have furnished), you intend to
lapse or otherwise terminate existing new text begin accident and sickness or new text end long-term care insurance
and replace it with an individual long-term care insurance policy to be issued by (company
name) insurance company. Your new policy provides 30 days within which you may
decide, without cost, whether you desire to keep the policy. For your own information and
protection, you should be aware of and seriously consider certain factors which may affect
the insurance protection available to you under the new policy.
You should review this new coverage carefully, comparing it with all new text begin accident
and sickness or new text end long-term care insurance coverage you now have, and terminate your
present policy only if, after due consideration, you find that purchase of this long-term
care coverage is a wise decision.
STATEMENT TO APPLICANT BY AGENT
(BROKER OR OTHER REPRESENTATIVE):
(Use additional sheets, as necessary.)
I have reviewed your current new text begin medical health new text end insurance coverage. I believe the
replacement of insurance involved in this transaction materially improves your position.
My conclusion has taken into account the following considerations, which I call to your
attention:
(a) Health conditions which you presently have (preexisting conditions) may not
be immediately or fully covered under the new policy. This could result in denial or
delay in payment of benefits under the new policy, whereas a similar claim might have
been payable under your present policy.
(b) State law provides that your replacement policy or certificate may not contain
new preexisting conditions or probationary periods. The insurer will waive any time
periods applicable to preexisting conditions or probationary periods in the new policy (or
coverage) for similar benefits to the extent such time was spent (depleted) under the
original policy.
(c) If you are replacing existing long-term care insurance coverage, you may wish to
secure the advice of your present insurer or its agent regarding the proposed replacement of
your present policy. This is not only your right, but it is also in your best interest to make
sure you understand all the relevant factors involved in replacing your present coverage.
(d) If, after due consideration, you still wish to terminate your present policy and
replace it with new coverage, be certain to truthfully and completely answer all questions
on the application concerning your medical health history. Failure to include all material
medical information on an application may provide a basis for the company to deny any
future claims and to refund your premium as though your policy had never been in force.
After the application has been completed and before you sign it, reread it carefully to be
certain that all information has been properly recorded.
.
(Signature of Agent, Broker, or Other Representative)
(Typed Name and Address of Agency or Broker)
The above "Notice to Applicant" was delivered to me on:
|
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| (Applicant's Signature) |
Sec. 12.
Minnesota Statutes 2004, section 62S.24, subdivision 4, is amended to read:
Subd. 4.
Direct response solicitations.
Insurers using direct response solicitation
methods shall deliver a notice regarding replacement of long-term care coverage to
the applicant upon issuance of the policy. The required notice must be provided in the
following manner:
NOTICE TO APPLICANT REGARDING REPLACEMENT OFnew text begin ACCIDENT
new text end
new text begin AND SICKNESS OR new text end LONG-TERM CARE INSURANCE
(Insurance company's name and address)
SAVE THIS NOTICE! IT MAY BE
IMPORTANT TO YOU IN THE FUTURE.
According to (your application) (information you have furnished), you intend to
lapse or otherwise terminate existing new text begin accident and sickness or new text end long-term care insurance
and replace it with the long-term care insurance policy delivered herewith issued by
(company name) insurance company.
Your new policy provides 30 days within which you may decide, without cost,
whether you desire to keep the policy. For your own information and protection, you
should be aware of and seriously consider certain factors which may affect the insurance
protection available to you under the new policy.
You should review this new coverage carefully, comparing it with all long-term care
insurance coverage you now have, and terminate your present policy only if, after due
consideration, you find that purchase of this long-term care coverage is a wise decision.
(a) Health conditions which you presently have (preexisting conditions) may not
be immediately or fully covered under the new policy. This could result in denial or
delay in payment of benefits under the new policy, whereas a similar claim might have
been payable under your present policy.
(b) State law provides that your replacement policy or certificate may not contain
new preexisting conditions or probationary periods. Your insurer will waive any time
periods applicable to preexisting conditions or probationary periods in the new policy (or
coverage) for similar benefits to the extent such time was spent (depleted) under the
original policy.
(c) If you are replacing existing long-term care insurance coverage, you may wish to
secure the advice of your present insurer or its agent regarding the proposed replacement of
your present policy. This is not only your right, but it is also in your best interest to make
sure you understand all the relevant factors involved in replacing your present coverage.
(d) (To be included only if the application is attached to the policy.)
If, after due consideration, you still wish to terminate your present policy and replace
it with new coverage, read the copy of the application attached to your new policy and be
sure that all questions are answered fully and correctly. Omissions or misstatements in
the application could cause an otherwise valid claim to be denied. Carefully check the
application and write to (company name and address) within 30 days if any information is
not correct and complete, or if any past medical history has been left out of the application.
|
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| (Company Name) |
Sec. 13.
Minnesota Statutes 2004, section 62S.24, is amended by adding a subdivision
to read:
new text begin Subd. 7. new text end
new text begin Life insurance policies. new text end
new text begin
Life insurance policies that accelerate benefits for
long-term care shall comply with this section if the policy being replaced is a long-term
care insurance policy. If the policy being replaced is a life insurance policy, the insurer
shall comply with the replacement requirements of sections 61A.53 to 61A.60. If a
life insurance policy that accelerates benefits for long-term care is replaced by another
such policy, the replacing insurer shall comply with both the long-term care and the life
insurance replacement requirements.
new text end
Sec. 14.
Minnesota Statutes 2004, section 62S.25, subdivision 6, is amended to read:
Subd. 6.
Claims denied.
Each insurer shall report annually by June 30 the number
of claims denied new text begin for any reason new text end during the reporting period for each class of business,
expressed as a percentage of claims denied, other than claims denied for failure to meet
the waiting period or because of any applicable preexisting condition.new text begin For purposes of
this subdivision, "claim" means a request for payment of benefits under an in-force policy
regardless of whether the benefit claimed is covered under the policy or any terms or
conditions of the policy have been met.
new text end
Sec. 15.
Minnesota Statutes 2004, section 62S.25, is amended by adding a subdivision
to read:
new text begin Subd. 7. new text end
new text begin Reports. new text end
new text begin
Reports under this section shall be done on a statewide basis and
filed with the commissioner. They shall include, at a minimum, the information in the
format contained in Appendix E (Claim Denial Reporting Form) and in Appendix G
(Replacement and Lapse Reporting Form) of the Long-Term Care Model Regulation
adopted by the National Association of Insurance Commissioners.
new text end
Sec. 16.
Minnesota Statutes 2004, section 62S.26, is amended to read:
62S.26 LOSS RATIO.
new text begin Subdivision 1. new text end
new text begin Minimum loss ratio. new text end
deleted text begin (a) deleted text end The minimum loss ratio must be at least 60
percent, calculated in a manner which provides for adequate reserving of the long-term
care insurance risk. In evaluating the expected loss ratio, the commissioner shall give
consideration to all relevant factors, including:
(1) statistical credibility of incurred claims experience and earned premiums;
(2) the period for which rates are computed to provide coverage;
(3) experienced and projected trends;
(4) concentration of experience within early policy duration;
(5) expected claim fluctuation;
(6) experience refunds, adjustments, or dividends;
(7) renewability features;
(8) all appropriate expense factors;
(9) interest;
(10) experimental nature of the coverage;
(11) policy reserves;
(12) mix of business by risk classification; and
(13) product features such as long elimination periods, high deductibles, and high
maximum limits.
new text begin Subd. 2. new text end
new text begin Life insurance policies. new text end
new text begin
Subdivision 1 shall not apply to life insurance
policies that accelerate benefits for long-term care. A life insurance policy that funds
long-term care benefits entirely by accelerating the death benefit is considered to provide
reasonable benefits in relation to premiums paid, if the policy complies with all of the
following provisions:
new text end
new text begin
(1) the interest credited internally to determine cash value accumulations, including
long-term care, if any, are guaranteed not to be less than the minimum guaranteed interest
rate for cash value accumulations without long-term care set forth in the policy;
new text end
new text begin
(2) the portion of the policy that provides life insurance benefits meets the
nonforfeiture requirements of section 61A.24;
new text end
new text begin
(3) the policy meets the disclosure requirements of sections 62S.09, 62S.10, and
62S.11; and
new text end
new text begin
(4) an actuarial memorandum is filed with the commissioner that includes:
new text end
new text begin
(i) a description of the basis on which the long-term care rates were determined;
new text end
new text begin
(ii) a description of the basis for the reserves;
new text end
new text begin
(iii) a summary of the type of policy, benefits, renewability, general marketing
method, and limits on ages of issuance;
new text end
new text begin
(iv) a description and a table of each actuarial assumption used. For expenses,
an insurer must include percentage of premium dollars per policy and dollars per unit
of benefits, if any;
new text end
new text begin
(v) a description and a table of the anticipated policy reserves and additional reserves
to be held in each future year for active lives;
new text end
new text begin
(vi) the estimated average annual premium per policy and the average issue age;
new text end
new text begin
(vii) a statement as to whether underwriting is performed at the time of application.
The statement shall indicate whether underwriting is used and, if used, the statement
shall include a description of the type or types of underwriting used, such as medical
underwriting or functional assessment underwriting. Concerning a group policy, the
statement shall indicate whether the enrollee or any dependent will be underwritten and
when underwriting occurs; and
new text end
new text begin
(viii) a description of the effect of the long-term care policy provision on the required
premiums, nonforfeiture values, and reserves on the underlying life insurance policy, both
for active lives and those in long-term care claim status.
new text end
Sec. 17.
Minnesota Statutes 2004, section 62S.266, subdivision 2, is amended to read:
Subd. 2.
Requirement.
new text begin (a) new text end An insurer must offer each prospective policyholder a
nonforfeiture benefit in compliance with the following requirements:
(1) a policy or certificate offered with nonforfeiture benefits must have coverage
elements, eligibility, benefit triggers, and benefit length that are the same as coverage to be
issued without nonforfeiture benefits. The nonforfeiture benefit included in the offer must
be the benefit described in subdivision 5; and
(2) the offer must be in writing if the nonforfeiture benefit is not otherwise described
in the outline of coverage or other materials given to the prospective policyholder.
new text begin
(b) When a group long-term care insurance policy is issued, the offer required in
paragraph (a) shall be made to the group policy holder. However, if the policy is issued as
group long-term care insurance as defined in section 62S.01, subdivision 15, clause (4),
other than to a continuing care retirement community or other similar entity, the offering
shall be made to each proposed certificate holder.
new text end
Sec. 18.
Minnesota Statutes 2004, section 62S.29, subdivision 1, is amended to read:
Subdivision 1.
Requirements.
An insurer or other entity marketing long-term care
insurance coverage in this state, directly or through its producers, shall:
(1) establish marketing procedures new text begin and agent training requirements new text end to assure that deleted text begin adeleted text end
new text begin any marketing activities, including any new text end comparison of policies by its agents or other
producersnew text begin ,new text end are fair and accurate;
(2) establish marketing procedures to assure excessive insurance is not sold or issued;
(3) display prominently by type, stamp, or other appropriate means, on the first page
of the outline of coverage and policy, the following:
"Notice to buyer: This policy may not cover all of the costs associated with
long-term care incurred by the buyer during the period of coverage. The buyer is advised
to review carefully all policy limitations.";
(4) new text begin provide copies of the disclosure forms required in section 62S.081, subdivision
4, to the applicant;
new text end
new text begin (5) new text end inquire and otherwise make every reasonable effort to identify whether a
prospective applicant or enrollee for long-term care insurance already has long-term care
insurance and the types and amounts of the insurance;
deleted text begin (5)deleted text end new text begin (6) new text end establish auditable procedures for verifying compliance with this subdivision;
deleted text begin and
deleted text end
deleted text begin (6)deleted text end new text begin (7) new text end if applicable, provide written notice to the prospective policyholder and
certificate holder, at solicitation, that a senior insurance counseling program approved
by the commissioner is available and the name, address, and telephone number of the
programnew text begin ;
new text end
new text begin
(8) use the terms "noncancelable" or "level premium" only when the policy or
certificate conforms to section 62S.14; and
new text end
new text begin (9) provide an explanation of contingent benefit upon lapse provided for in section
62S.266new text end .
Sec. 19.
Minnesota Statutes 2004, section 62S.30, is amended to read:
62S.30 deleted text begin APPROPRIATENESS OF RECOMMENDED PURCHASEdeleted text end new text begin
SUITABILITYnew text end .
deleted text begin
In recommending the purchase or replacement of a long-term care insurance policy
or certificate, an agent shall comply with section 60K.46, subdivision 4.
deleted text end
new text begin Subdivision 1. new text end
new text begin Standards. new text end
new text begin
Every insurer or other entity marketing long-term care
insurance shall:
new text end
new text begin
(1) develop and use suitability standards to determine whether the purchase or
replacement of long-term care insurance is appropriate for the needs of the applicant;
new text end
new text begin
(2) train its agents in the use of its suitability standards; and
new text end
new text begin
(3) maintain a copy of its suitability standards and make them available for
inspection upon request by the commissioner.
new text end
new text begin Subd. 2. new text end
new text begin Procedures. new text end
new text begin
(a) To determine whether the applicant meets the standards
developed by the insurer or other entity marketing long-term care insurance, the agent
and insurer or other entity marketing long-term care insurance shall develop procedures
that take the following into consideration:
new text end
new text begin
(1) the ability to pay for the proposed coverage and other pertinent financial
information related to the purchase of the coverage;
new text end
new text begin
(2) the applicant's goals or needs with respect to long-term care and the advantages
and disadvantages of insurance to meet those goals or needs; and
new text end
new text begin
(3) the values, benefits, and costs of the applicant's existing insurance, if any, when
compared to the values, benefits, and costs of the recommended purchase or replacement.
new text end
new text begin
(b) The insurer or other entity marketing long-term care insurance, and the agent,
where an agent is involved, shall make reasonable efforts to obtain the information set
forth in paragraph (a). The efforts shall include presentation to the applicant, at or prior
to application, of the "Long-Term Care Insurance Personal Worksheet." The personal
worksheet used by the insurer or other entity marketing long-term care insurance shall
contain, at a minimum, the information in the format contained in Appendix B of the
Long-Term Care Model Regulation adopted by the National Association of Insurance
Commissioners in not less than 12-point type. The insurer or other entity marketing
long-term care insurance may request the applicant to provide additional information to
comply with its suitability standards. The insurer or other entity marketing long-term care
insurance shall file a copy of its personal worksheet with the commissioner.
new text end
new text begin
(c) A completed personal worksheet shall be returned to the insurer or other entity
marketing long-term care insurance prior to consideration of the applicant for coverage,
except the personal worksheet need not be returned for sales of employer group long-term
care insurance to employees and their spouses. The sale or dissemination by the insurer
or other entity marketing long-term care insurance, or the agent, of information obtained
through the personal worksheet is prohibited.
new text end
new text begin
(d) The insurer or other entity marketing long-term care insurance shall use the
suitability standards it has developed under this section in determining whether issuing
long-term care insurance coverage to an applicant is appropriate. Agents shall use the
suitability standards developed by the insurer or other entity marketing long-term care
insurance in marketing long-term care insurance.
new text end
new text begin
(e) At the same time as the personal worksheet is provided to the applicant, the
disclosure form entitled "Things You Should Know Before You Buy Long-Term Care
Insurance" shall be provided. The form shall be in the format contained in Appendix C of
the Long-Term Care Insurance Model Regulation adopted by the National Association of
Insurance Commissioners in not less than 12-point type.
new text end
new text begin
(f) If the insurer or other entity marketing long-term care insurance determines
that the applicant does not meet its financial suitability standards, or if the applicant has
declined to provide the information, the insurer or other entity marketing long-term
care insurance may reject the application. In the alternative, the insurer or other entity
marketing long-term care insurance shall send the applicant a letter similar to Appendix D
of the Long-Term Care Insurance Model Regulation adopted by the National Association
of Insurance Commissioners. However, if the applicant has declined to provide financial
information, the insurer or other entity marketing long-term care insurance may use some
other method to verify the applicant's intent. The applicant's returned letter or a record of
the alternative method of verification shall be made part of the applicant's file.
new text end
new text begin Subd. 3. new text end
new text begin Reports. new text end
new text begin
The insurer or other entity marketing long-term care insurance
shall report annually to the commissioner the total number of applications received from
residents of this state, the number of those who declined to provide information on the
personal worksheet, the number of applicants who did not meet the suitability standards,
and the number of those who chose to confirm after receiving a suitability letter.
new text end
new text begin Subd. 4. new text end
new text begin Application. new text end
new text begin
This section shall not apply to life insurance policies that
accelerate benefits for long-term care.
new text end
Sec. 20.
new text begin
[62S.315] PRODUCER TRAINING.
new text end
new text begin
The commissioner shall approve insurer and producer training requirements
according to the NAIC Long-Term Care Insurance Model Act provisions. The
commissioner of human services shall provide technical assistance and information to the
commissioner according to Public Law 109-171, section 6021.
new text end
ARTICLE 23
MISCELLANEOUS
HEALTH AND HUMAN SERVICES
Section 1.
Minnesota Statutes 2004, section 62Q.19, subdivision 2, is amended to read:
Subd. 2.
Application.
(a) Any provider may apply to the commissioner for
designation as an essential community provider by submitting an application form
developed by the commissioner. Except as provided in paragraphs (d) and (e), applications
must be accepted within two years after the effective date of the rules adopted by the
commissioner to implement this section.
(b) Each application submitted must be accompanied by an application fee in an
amount determined by the commissioner. The fee shall be no more than what is needed to
cover the administrative costs of processing the application.
(c) The name, address, contact person, and the date by which the commissioner's
decision is expected to be made shall be classified as public data under section 13.41. All
other information contained in the application form shall be classified as private data
under section 13.41 until the application has been approved, approved as modified, or
denied by the commissioner. Once the decision has been made, all information shall be
classified as public data unless the applicant designates and the commissioner determines
that the information contains trade secret information.
(d) The commissioner shall accept deleted text begin an applicationdeleted text end new text begin applicationsnew text end for designation as
an essential community provider until June 30, deleted text begin 2004deleted text end new text begin 2006new text end , from one applicant that is
a nonprofit community deleted text begin services agency certified as a medical assistance provider that
provides mental health, behavioral health, chemical dependency, employment, and health
wellness services to the underserved Spanish-speaking Latino families and individuals
with locations in Minneapolis and St. Pauldeleted text end new text begin mental health agency located in Hennepin
County that partners with the Minneapolis public school system to provide mental health
services to school-age children and their families and provides mental health services to
immigrant communitiesnew text end new text begin , and from one applicant that is a nonprofit, county mental health
services center certified as a medical assistance provider that provides behavioral health
services and wrap-around eligibility support services to an underserved population with
chemical dependency and serious mental illnessnew text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 2.
Minnesota Statutes 2004, section 145.925, is amended by adding a subdivision
to read:
new text begin Subd. 10. new text end
new text begin Definition of governmental unit. new text end
new text begin
For purposes of section 471.59,
subdivision 1, nonprofit community health clinics providing family planning services as
defined in this section shall be included in the definition of "governmental unit."
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 3.
new text begin
[152.126] SCHEDULE II CONTROLLED SUBSTANCES
PRESCRIPTION ELECTRONIC REPORTING SYSTEM.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
For purposes of this section, the terms defined in this
subdivision have the meanings given.
new text end
new text begin
(a) "Board" means the Minnesota State Board of Pharmacy established under
chapter 151.
new text end
new text begin
(b) "Controlled substances" means those substances listed in section 152.02,
subdivision 3, and those substances defined by the board pursuant to section 152.02,
subdivisions 7, 8, and 12.
new text end
new text begin
(c) "Dispense" or "dispensing" has the meaning given in section 151.01, subdivision
30. Dispensing does not include the direct administering of a controlled substance to a
patient by a licensed health care professional.
new text end
new text begin
(d) "Dispenser" means a person authorized by law to dispense, pursuant to a valid
prescription, a controlled substance. A dispenser does not include a licensed hospital
pharmacy that distributes controlled substances for inpatient hospital care.
new text end
new text begin
(e) "Prescriber" means a licensed health care professional who is authorized to
prescribe a controlled substance under section 152.12, subdivision 1.
new text end
new text begin
(f) "Prescription" has the meaning given in section 151.01, subdivision 16.
new text end
new text begin Subd. 2. new text end
new text begin Establishment of a prescription electronic reporting system. new text end
new text begin
(a) The
board shall establish by January 1, 2008, an electronic system for reporting the information
required under subdivision 4 for all controlled substances dispensed within the state. Data
for controlled substance prescriptions that are dispensed in a quantity small enough to
provide treatment to a patient for a period of 48 hours or less need not be reported.
new text end
new text begin
(b) The board may contract with a vendor for the purpose of obtaining technical
assistance in the design, implementation, and maintenance of the electronic reporting
system. The vendor's role shall be limited to providing technical support to the board
concerning the software, databases, and computer systems required to interface with the
existing systems currently used by pharmacies to dispense prescriptions and transmit
prescription data to other third parties.
new text end
new text begin Subd. 3. new text end
new text begin Prescription Electronic Reporting Advisory Committee. new text end
new text begin
(a) The board
may convene an advisory committee. If the board convenes a committee, the committee
must include at least one representative of:
new text end
new text begin
(1) the Department of Health;
new text end
new text begin
(2) the Department of Human Services;
new text end
new text begin
(3) each health-related licensing board that licenses prescribers;
new text end
new text begin
(4) a professional medical association, which may include an association of pain
management and chemical dependency specialists;
new text end
new text begin
(5) a professional pharmacy association;
new text end
new text begin
(6) a consumer privacy or security advocate; and
new text end
new text begin
(7) a consumer or patient rights organization.
new text end
new text begin
(b) The advisory committee shall advise the board on the development and operation
of the electronic reporting system, including, but not limited to:
new text end
new text begin
(1) technical standards for electronic prescription drug reporting;
new text end
new text begin
(2) proper analysis and interpretation of prescription monitoring data; and
new text end
new text begin
(3) an evaluation process for the program.
new text end
new text begin Subd. 4. new text end
new text begin Reporting requirements. new text end
new text begin
(a) Each dispenser must submit the following
data to the board or its designated vendor:
new text end
new text begin
(1) name of the prescriber;
new text end
new text begin
(2) national provider identifier of the prescriber;
new text end
new text begin
(3) name of the dispenser;
new text end
new text begin
(4) national provider identifier of the dispenser;
new text end
new text begin
(5) name of the patient for whom the prescription was written;
new text end
new text begin
(6) date of birth of the patient for whom the prescription was written;
new text end
new text begin
(7) date the prescription was written;
new text end
new text begin
(8) date the prescription was filled;
new text end
new text begin
(9) name and strength of the controlled substance;
new text end
new text begin
(10) quantity of controlled substance prescribed; and
new text end
new text begin
(11) quantity of controlled substance dispensed.
new text end
new text begin
(b) The dispenser must submit the required information by a procedure and in a
format established by the board.
new text end
new text begin
(c) A dispenser is not required to submit this data for those controlled substance
prescriptions dispensed for individuals residing in licensed skilled nursing or intermediate
care facilities.
new text end
new text begin Subd. 5. new text end
new text begin Use of data by board. new text end
new text begin
(a) The board shall develop and maintain a database
of the data reported under subdivision 4. The database may be used by permissible users
identified under subdivision 6 for the identification of:
new text end
new text begin
(1) individuals receiving prescriptions for controlled substances from prescribers
who subsequently obtain controlled substances from dispensers in quantities or with a
frequency inconsistent with generally recognized standards of dosage for those controlled
substances; and
new text end
new text begin
(2) individuals presenting forged or otherwise false or altered prescriptions for
controlled substances to dispensers.
new text end
new text begin
(b) No permissible user identified under subdivision 6 may access the database
for the sole purpose of identifying prescribers of controlled substances for unusual or
excessive prescribing patterns without a valid search warrant or court order.
new text end
new text begin Subd. 6. new text end
new text begin Access to prescription electronic reporting system data. new text end
new text begin
(a) Except as
indicated in this subdivision, the data submitted to the board under subdivision 4 is private
data on individuals as defined in section 13.02, subdivision 12.
new text end
new text begin
(b) The board may provide data submitted under subdivision 4 for public research,
policy, or education purposes, to the extent that any personal identifying information
has been removed or encrypted.
new text end
new text begin
(c) The following persons shall be considered permissible users and may access the
data submitted under subdivision 4 in the same or similar manner, and for the same or
similar purposes, as those persons who are authorized to access similar private data on
individuals under federal and state law:
new text end
new text begin
(1) a prescriber, to the extent the information relates specifically to a current patient
of the prescriber, to whom the practitioner is prescribing or considering prescribing any
controlled substance;
new text end
new text begin
(2) a dispenser to the extent the information relates specifically to a current patient to
whom that dispenser is dispensing or considering dispensing any controlled substance;
new text end
new text begin
(3) an individual who is the recipient of a controlled substance prescription for
which data was submitted under subdivision 4;
new text end
new text begin
(4) personnel of the board specifically assigned to conduct a bona fide investigation
of a specific licensee;
new text end
new text begin
(5) personnel of the board engaged in the collection of controlled substance
prescription information as part of the assigned duties and responsibilities under this
section;
new text end
new text begin
(6) authorized personnel of a vendor under contract with the board who are engaged
in the design, implementation, and maintenance of the electronic reporting system as part
of the assigned duties and responsibilities of their employment, provided that access to data
is limited to the minimum amount necessary to test and maintain the system databases;
new text end
new text begin
(7) a designated representative of a health-related licensing board responsible for the
licensure, regulation, or discipline of prescribers or dispensers, provided that the requested
data relates to a bona fide investigation of a specific licensee;
new text end
new text begin
(8) federal, state, and local law enforcement authorities engaged in a bona fide
investigation of a specific person; and
new text end
new text begin
(9) personnel of the medical assistance program assigned to use the data collected
under this section to identify recipients whose usage of controlled substances may warrant
restriction to a single primary care physician, a single outpatient pharmacy, or a single
hospital.
new text end
new text begin
(d) Any permissible user identified in paragraph (c) who directly accesses
the data electronically shall implement and maintain a comprehensive information
security program that contains administrative, technical, and physical safeguards that
are appropriate to the user's size and complexity, and the sensitivity of the personal
information obtained. The permissible user shall identify reasonably foreseeable internal
and external risks to the security, confidentiality, and integrity of personal information
that could result in the unauthorized disclosure, misuse, or other compromise of the
information and assess the sufficiency of any safeguards in place to control the risks.
new text end
new text begin
(e) The board shall not release data submitted under this section unless it is provided
with evidence, satisfactory to the board, that the person requesting the information is
entitled to receive the data. Access to the data by law enforcement authorities must be
accompanied by a valid search warrant.
new text end
new text begin
(f) The board shall maintain a log of all persons who access the data and shall ensure
that any permissible user complies with paragraph (d) prior to attaining direct access to
the data.
new text end
new text begin Subd. 7. new text end
new text begin Disciplinary action. new text end
new text begin
(a) A dispenser who knowingly fails to submit data to
the board as required under this section is subject to disciplinary action by the appropriate
health-related licensing board.
new text end
new text begin
(b) A prescriber or dispenser authorized to access the data who knowingly discloses
the data in violation of state or federal laws relating to the privacy of healthcare data shall
be subject to disciplinary action by the appropriate health-related licensing board.
new text end
new text begin Subd. 8. new text end
new text begin Evaluation and reporting. new text end
new text begin
(a) The board shall evaluate the prescription
electronic reporting system to determine if the system is cost effective and whether it is
negatively impacting appropriate prescribing practices of controlled substances. The
board may contract with a vendor to design and conduct the evaluation.
new text end
new text begin
(b) The board shall submit the evaluation of the system to the legislature by January
15, 2009.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006, or upon receiving
sufficient nonstate funds to implement the prescription electronic reporting system,
whichever is later. In the event that nonstate funds are not secured by the Board of
Pharmacy to adequately fund the implementation of the prescription electronic reporting
system, the board is not required to implement section 152.126 without a subsequent
appropriation from the legislature.
new text end
Sec. 4.
new text begin
[325E.385] ITEMS CONTAINING LEAD PROHIBITED.
new text end
new text begin Subdivision 1. new text end
new text begin Definition. new text end
new text begin
For the purposes of this section "jewelry" means: (1)
an ornament worn by a person on the body or on clothing, including, but not limited to,
a necklace, bracelet, anklet, earring, locket, pendant, charm bracelet, ring, pinky ring,
chain, broach, pin, lapel pin, headband, watchband; or (2) any pendant, bead, chain, link,
or other component of such an ornament.
new text end
new text begin Subd. 2. new text end
new text begin Warning. new text end
new text begin
(a) No person shall offer for sale, sell, or distribute free of
charge any jewelry or item of personal decoration that contains more than 600 parts per
million of lead unless it bears a warning label clearly visible to the buyer indicating that
the item contains lead.
new text end
new text begin
(b) The obligation to test for lead content and label accurately lies with the producer
or packager of the item and not with the retail seller. Retailers may not sell unlabeled
items without first verifying that the items were tested by the producer or packager.
new text end
new text begin Subd. 3. new text end
new text begin Sale prohibited. new text end
new text begin
Effective July 1, 2006, no person shall sell, offer for
sale, or distribute free of charge any trinket, jewelry, items of personal decoration, toy,
or clothing containing more than 600 parts per million of lead that is intended for use
by a child under the age of 12.
new text end
new text begin Subd. 4. new text end
new text begin Exemption. new text end
new text begin
This section does not apply to consumer-to-consumer
transactions.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 5. new text begin FEDERAL GRANTS.
new text end
new text begin
The Board of Pharmacy shall apply for any applicable federal grants or other nonstate
funds to establish and fully implement the prescription electronic reporting system.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 6. new text begin BOARD OF PHARMACY.
new text end
new text begin
The board of pharmacy shall not increase the license fees of pharmacists or
pharmacies in order to adequately fund the prescription electronic reporting system under
Minnesota Statutes, section 152.126, without specific authority from the legislature.
new text end
ARTICLE 24
CHILDREN AND FAMILIES PROGRAMS AND SERVICES
Section 1.
Minnesota Statutes 2004, section 119B.011, is amended by adding a
subdivision to read:
new text begin Subd. 23. new text end
new text begin Work participation rate enhancement program. new text end
new text begin
"Work participation
rate enhancement program" means the program established under section 256J.575.
new text end
Sec. 2.
Minnesota Statutes 2004, section 119B.03, subdivision 4, is amended to read:
Subd. 4.
Funding priority.
(a) First priority for child care assistance under the
basic sliding fee program must be given to eligible non-MFIP families who do not have a
high school or general equivalency diploma or who need remedial and basic skill courses
in order to pursue employment or to pursue education leading to employment and who
need child care assistance to participate in the education program. Within this priority,
the following subpriorities must be used:
(1) child care needs of minor parents;
(2) child care needs of parents under 21 years of age; and
(3) child care needs of other parents within the priority group described in this
paragraph.
(b) Second priority must be given to parents who have completed their MFIP or
DWP transition year, or parents who are no longer receiving or eligible for diversionary
work program supports.
(c) Third priority must be given to families who are eligible for portable basic sliding
fee assistance through the portability pool under subdivision 9.
(d) new text begin Fourth priority must be given to families in which at least one parent is a veteran
as defined under section 197.447.
new text end
new text begin (e) new text end Families under paragraph (b) must be added to the basic sliding fee waiting list
on the date they begin the transition year under section 119B.011, subdivision 20, and
must be moved into the basic sliding fee program as soon as possible after they complete
their transition year.
Sec. 3.
Minnesota Statutes 2004, section 119B.05, subdivision 1, is amended to read:
Subdivision 1.
Eligible participants.
Families eligible for child care assistance
under the MFIP child care program are:
(1) MFIP participants who are employed or in job search and meet the requirements
of section 119B.10;
(2) persons who are members of transition year families under section 119B.011,
subdivision 20, and meet the requirements of section 119B.10;
(3) families who are participating in employment orientation or job search, or
other employment or training activities that are included in an approved employability
development plan under section 256J.95;
(4) MFIP families who are participating in work job search, job support,
employment, or training activities as required in their employment plan, or in appeals,
hearings, assessments, or orientations according to chapter 256J;
(5) MFIP families who are participating in social services activities under chapter
256J as required in their employment plan approved according to chapter 256J;
(6) new text begin families who are participating in services or activities that are included in an
approved family stabilization plan under section 256J.575;
new text end
new text begin (7) new text end families who are participating in programs as required in tribal contracts under
section 119B.02, subdivision 2, or 256.01, subdivision 2; and
deleted text begin (7)deleted text end new text begin (8)new text end families who are participating in the transition year extension under section
119B.011, subdivision 20a.
Sec. 4.
Minnesota Statutes 2005 Supplement, section 119B.13, subdivision 1, is
amended to read:
Subdivision 1.
Subsidy restrictions.
deleted text begin
(a)(i) Effective July 1, 2005, the commissioner
of human services shall modify the rate tables for child care centers published in
Department of Human Services Bulletin No. 03-68-07 so that in counties with regional or
statewide cells, the higher of the 100th percentile of the 2002 market rate survey data or
the rate currently identified in the bulletin will be the maximum rate. The rates established
in this clause will be considered as the previous year's rates for purposes of the increase in
item (iii), and shall be compared to the 100th percentile of current market rates.
deleted text end
deleted text begin
(ii) For the period between July 1, 2005, and through the full implementation of the
new rates under item (iii), the rates published in Department of Human Services Bulletin
No. 03-68-07 as adjusted by item (i) shall remain in effect.
deleted text end
deleted text begin (iii) deleted text end new text begin (a) new text end Beginning deleted text begin Januarydeleted text end new text begin July new text end 1, 2006, the maximum rate paid for child care
assistance in any county or multicounty region under the child care fund shall be thedeleted text begin
lesser of the
deleted text end
75th percentile rate for like-care arrangements in the county or multicounty region
as surveyed by the commissioner deleted text begin or the previous year's rate for like-care arrangements in
the county increased by 1.75 percentdeleted text end new text begin except that in counties where the maximum rate is
set at the 100th percentile on January 1, 2006, as published in Policy Bulletin 05-68-15,
the maximum rate shall continue to be set at the 100th percentilenew text end .
deleted text begin (iv) deleted text end new text begin (b) new text end Rate changes shall be implemented for services provided in deleted text begin March
deleted text end new text begin September new text end 2006 unless a participant eligibility redetermination or a new provider
agreement is completed between deleted text begin Januarydeleted text end new text begin July new text end 1, 2006, and deleted text begin February 28deleted text end new text begin August 31new text end , 2006.
deleted text begin deleted text end
As necessary, appropriate notice of adverse action must be made according to
Minnesota Rules, part 3400.0185, subparts 3 and 4.
New cases approved on or after deleted text begin Januarydeleted text end new text begin July new text end 1, 2006, shall have the maximum rates
underdeleted text begin item (iii)deleted text end new text begin paragraph (a) new text end implemented immediately.
deleted text begin (b)deleted text end new text begin (c) new text end Not less than once every two years, the commissioner shall survey rates
charged by child care providers in Minnesota to determine the 75th percentile for
like-care arrangements in counties. When the commissioner determines that, using the
commissioner's established protocol, the number of providers responding to the survey is
too small to determine the 75th percentile rate for like-care arrangements in a county or
multicounty region, the commissioner may establish the 75th percentile maximum rate
based on like-care arrangements in a county, region, or category that the commissioner
deems to be similar.
deleted text begin (c)deleted text end new text begin (d) new text end A rate which includes a special needs rate paid under subdivision 3 may be in
excess of the maximum rate allowed under this subdivision.
deleted text begin (d)deleted text end new text begin (e) new text end The department shall monitor the effect of this paragraph on provider rates.
The county shall pay the provider's full charges for every child in care up to the maximum
established. The commissioner shall determine the maximum rate for each type of care on
an hourly, full-day, and weekly basis, including special needs and handicapped care.new text begin The
commissioner shall also determine the maximum rate for school age care on a half-day
basis.
new text end
deleted text begin (e)deleted text end new text begin (f) new text end When the provider charge is greater than the maximum provider rate allowed,
the parent is responsible for payment of the difference in the rates in addition to any
family co-payment fee.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 5.
Minnesota Statutes 2004, section 119B.13, is amended by adding a subdivision
to read:
new text begin Subd. 3a. new text end
new text begin Provider rate differential for accreditation. new text end
new text begin
A family child care
provider or child care center shall be paid a 15 percent differential above the maximum rate
established in subdivision 1, up to the actual provider rate, if the provider or center holds a
current early childhood development credential or is accredited. For a family child care
provider, early childhood development credential and accreditation includes an individual
who has earned a child development associate degree, a diploma in child development from
a Minnesota state technical college, or a bachelor's degree in early childhood education
from an accredited college or university, or who is accredited by the National Association
for Family Child Care or the Competency Based Training and Assessment Program. For a
child care center, accreditation includes accreditation by the National Association for the
Education of Young Children, the Council on Accreditation, the National Early Childhood
Program Accreditation, the National School-Age Care Association, or the National Head
Start Association Program of Excellence. For Montessori programs, accreditation includes
the American Montessori Society, Association of Montessori International-USA, or the
National Center for Montessori Education.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin This section is effective July 1, 2006.new text end
Sec. 6.
Minnesota Statutes 2005 Supplement, section 245C.24, subdivision 2, is
amended to read:
Subd. 2.
Permanent bar to set aside a disqualification.
new text begin (a) Except as provided in
paragraph (b), new text end the commissioner may not set aside the disqualification of any individual
disqualified pursuant to this chapter, regardless of how much time has passed, if the
individual was disqualified for a crime or conduct listed in section 245C.15, subdivision 1.
new text begin
(b) For an individual who was disqualified for a crime or conduct listed under section
245C.15, subdivision 1, and whose disqualification was set aside prior to July 1, 2005,
the commissioner must consider granting a subsequent set aside for the same or different
license holder based on the evaluation under section 245A.22, subdivision 4. A request for
reconsideration evaluated under this paragraph must include a letter of recommendation
from the license holder that was subject to the prior set aside decision addressing the
individual's quality of care to children or vulnerable adults and the circumstances of the
individual's departure from that service.
new text end
Sec. 7.
new text begin
[256.029] DOMESTIC VIOLENCE INFORMATIONAL BROCHURE.
new text end
new text begin
(a) The commissioner shall provide a domestic violence informational brochure
that provides information about the existence of domestic violence waivers for eligible
public assistance applicants to all general assistance, general assistance medical care,
MFIP, medical assistance, and MinnesotaCare. The brochure must explain that eligible
applicants may be temporarily waived from certain program requirements due to domestic
violence. The brochure must provide information about services and other programs to
help victims of domestic violence.
new text end
new text begin
(b) The brochure must be funded with TANF funds.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective upon federal approval.
new text end
Sec. 8.
new text begin
[256D.0515] ASSET LIMITATIONS FOR FOOD STAMP HOUSEHOLDS.
new text end
new text begin
All food stamp households must be determined eligible for the benefit discussed
under section 256.029. Food stamp households must demonstrate that:
new text end
new text begin
(1) their gross income meets the federal food stamp requirements under United
States Code, title 7, section 2014(c); and
new text end
new text begin
(2) they have financial resources, excluding vehicles, of less than $7,000.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective upon federal approval.
new text end
Sec. 9.
Minnesota Statutes 2004, section 256J.01, is amended by adding a subdivision
to read:
new text begin Subd. 6. new text end
new text begin Legislative approval to move programs or activities. new text end
new text begin
The commissioner
shall not move programs or activities funded with MFIP or TANF maintenance of effort
funds to other funding sources unless specifically approved by law.
new text end
Sec. 10.
Minnesota Statutes 2004, section 256J.021, is amended to read:
256J.021 deleted text begin SEPARATEdeleted text end STATE deleted text begin PROGRAM FOR USE OF STATE MONEYdeleted text end new text begin
PROGRAMSnew text end .
new text begin (a) new text end deleted text begin Beginningdeleted text end new text begin Until new text end October 1, deleted text begin 2001deleted text end new text begin 2006new text end , deleted text begin and each year thereafter,deleted text end the
commissioner of human services must treat MFIP expenditures made to or on behalf of
any minor child under section 256J.02, subdivision 2, clause (1), who is a resident of
this state under section 256J.12, and who is part of a two-parent eligible household as
expenditures under a separately funded state program and report those expenditures to the
federal Department of Health and Human Services as separate state program expenditures
under Code of Federal Regulations, title 45, section 263.5.
new text begin
(b) Beginning October 1, 2006, the commissioner of human services must treat
MFIP expenditures made to or on behalf of any minor child under section 256J.02,
subdivision 2, clause (1), who is a resident of this state under section 256J.12, and who is
part of a two-parent eligible household as expenditures under a separately funded state
program. These expenditures shall not count toward the state's maintenance of effort
(MOE) requirements under the federal TANF program except if counting certain families
would allow the commissioner to avoid a federal penalty. Families receiving assistance
under this section must comply with all applicable requirements in chapter 256J.
new text end
new text begin
(c) Beginning October 1, 2006, and each year thereafter, the commissioner of
human services must treat MFIP expenditures made to or on behalf of any minor child
under section 256J.02, subdivision 2, clause (1), who is a resident of this state under
section 256J.12, and who is part of a household participating in the work participation rate
enhancement program under section 256J.575, as expenditures under a program funded
with state nonmaintenance of effort funds. These expenditures shall not count toward the
state's MOE requirements under the federal TANF program, except if counting certain
families would allow the commissioner to avoid a federal penalty. Families receiving
assistance under this section must comply with all applicable requirements in chapter 256J.
new text end
Sec. 11.
Minnesota Statutes 2004, section 256J.08, subdivision 65, is amended to read:
Subd. 65.
Participant.
"Participant" means a person who is currently receiving cash
assistance or the food portion available through MFIP. A person who fails to withdraw
or access electronically any portion of the person's cash and food assistance payment by
the end of the payment month, who makes a written request for closure before the first
of a payment month and repays cash and food assistance electronically issued for that
payment month within that payment month, or who returns any uncashed assistance
check and food coupons and withdraws from the program is not a participant. A person
who withdraws a cash or food assistance payment by electronic transfer or receives and
cashes an MFIP assistance check or food coupons and is subsequently determined to be
ineligible for assistance for that period of time is a participant, regardless whether that
assistance is repaid. The term "participant" includes the caregiver relative and the minor
child whose needs are included in the assistance payment. A person in an assistance unit
who does not receive a cash and food assistance payment because the case has been
suspended from MFIP is a participant. A person who receives cash payments under the
diversionary work program under section 256J.95 is a participant.new text begin A person who receives
cash payments under the work participation rate enhancement program under section
256J.575 is a participant.new text end
Sec. 12.
Minnesota Statutes 2004, section 256J.37, subdivision 3a, is amended to read:
Subd. 3a.
Rental subsidies; unearned income.
(a) Effective July 1, 2003, the
county agency shall count $50 of the value of public and assisted rental subsidies provided
through the Department of Housing and Urban Development (HUD) as unearned income
to the cash portion of the MFIP grant. The full amount of the subsidy must be counted as
unearned income when the subsidy is less than $50. The income from this subsidy shall
be budgeted according to section 256J.34.
(b) The provisions of this subdivision shall not apply to an MFIP assistance unit
which includes a participant who is:
(1) age 60 or older;
(2) a caregiver who is suffering from an illness, injury, or incapacity that has been
certified by a qualified professional when the illness, injury, or incapacity is expected
to continue for more than 30 days and prevents the person from obtaining or retaining
employment; or
(3) a caregiver whose presence in the home is required due to the illness or
incapacity of another member in the assistance unit, a relative in the household, or a foster
child in the household when the illness or incapacity and the need for the participant's
presence in the home has been certified by a qualified professional and is expected to
continue for more than 30 days.
(c) The provisions of this subdivision shall not apply to an MFIP assistance unit
where the parental caregiver is an SSI recipient.
(d) Prior to implementing this provision, the commissioner must identify the MFIP
participants subject to this provision and provide written notice to these participants at
least 30 days before the first grant reduction. The notice must inform the participant of the
basis for the potential grant reduction, the exceptions to the provision, if any, and inform
the participant of the steps necessary to claim an exception. A person who is found not to
meet one of the exceptions to the provision must be notified and informed of the right to a
fair hearing under section 256J.40. The notice must also inform the participant that the
participant may be eligible for a rent reduction resulting from a reduction in the MFIP
grant and encourage the participant to contact the local housing authority.
new text begin
(e) This subdivision is suspended from July 1, 2006, through June 30, 2007.
new text end
Sec. 13.
Minnesota Statutes 2004, section 256J.521, subdivision 1, is amended to read:
Subdivision 1.
Assessments.
(a) For purposes of MFIP employment services,
assessment is a continuing process of gathering information related to employability for
the purpose of identifying both participant's strengths and strategies for coping with
issues that interfere with employment. The job counselor must use information from the
assessment process to develop and update the employment plan under subdivision 2 or 3,
as appropriate, deleted text begin anddeleted text end to determine whether the participant qualifies for a family violence
waiver including an employment plan under subdivision 3new text begin , and to determine whether
the participant should be referred to the work participation rate enhancement program
under section 256J.575new text end .
(b) The scope of assessment must cover at least the following areas:
(1) basic information about the participant's ability to obtain and retain employment,
including: a review of the participant's education level; interests, skills, and abilities; prior
employment or work experience; transferable work skills; child care and transportation
needs;
(2) identification of personal and family circumstances that impact the participant's
ability to obtain and retain employment, including: any special needs of the children, the
level of English proficiency, family violence issues, and any involvement with social
services or the legal system;
(3) the results of a mental and chemical health screening tool designed by the
commissioner and results of the brief screening tool for special learning needs. Screening
tools for mental and chemical health and special learning needs must be approved by the
commissioner and may only be administered by job counselors or county staff trained in
using such screening tools. The commissioner shall work with county agencies to develop
protocols for referrals and follow-up actions after screens are administered to participants,
including guidance on how employment plans may be modified based upon outcomes
of certain screens. Participants must be told of the purpose of the screens and how the
information will be used to assist the participant in identifying and overcoming barriers to
employment. Screening for mental and chemical health and special learning needs must
be completed by participants who are unable to find suitable employment after six weeks
of job search under subdivision 2, paragraph (b), and participants who are determined to
have barriers to employment under subdivision 2, paragraph (d). Failure to complete the
screens will result in sanction under section 256J.46; and
(4) a comprehensive review of participation and progress for participants who have
received MFIP assistance and have not worked in unsubsidized employment during
the past 12 months. The purpose of the review is to determine the need for additional
services and supports, including placement in subsidized employment or unpaid work
experience under section 256J.49, subdivision 13new text begin , or referral to the work participation rate
enhancement program under section 256J.575new text end .
(c) Information gathered during a caregiver's participation in the diversionary work
program under section 256J.95 must be incorporated into the assessment process.
(d) The job counselor may require the participant to complete a professional chemical
use assessment to be performed according to the rules adopted under section 254A.03,
subdivision 3, including provisions in the administrative rules which recognize the cultural
background of the participant, or a professional psychological assessment as a component
of the assessment process, when the job counselor has a reasonable belief, based on
objective evidence, that a participant's ability to obtain and retain suitable employment
is impaired by a medical condition. The job counselor may assist the participant with
arranging services, including child care assistance and transportation, necessary to meet
needs identified by the assessment. Data gathered as part of a professional assessment
must be classified and disclosed according to the provisions in section 13.46.
Sec. 14.
Minnesota Statutes 2004, section 256J.521, subdivision 2, is amended to read:
Subd. 2.
Employment plan; contents.
(a) Based on the assessment under
subdivision 1, the job counselor and the participant must develop an employment plan
that includes participation in activities and hours that meet the requirements of section
256J.55, subdivision 1. The purpose of the employment plan is to identify for each
participant the most direct path to unsubsidized employment and any subsequent steps that
support long-term economic stability. The employment plan should be developed using
the highest level of activity appropriate for the participant. Activities must be chosen from
clauses (1) to (6), which are listed in order of preference. Notwithstanding this order of
preference for activities, priority must be given for activities related to a family violence
waiver when developing the employment plan. The employment plan must also list the
specific steps the participant will take to obtain employment, including steps necessary
for the participant to progress from one level of activity to another, and a timetable for
completion of each step. Levels of activity include:
(1) unsubsidized employment;
(2) job search;
(3) subsidized employment or unpaid work experience;
(4) unsubsidized employment and job readiness education or job skills training;
(5) unsubsidized employment or unpaid work experience and activities related to
a family violence waiver or preemployment needs; and
(6) activities related to a family violence waiver or preemployment needs.
(b) Participants who are determined to possess sufficient skills such that the
participant is likely to succeed in obtaining unsubsidized employment must job search at
least 30 hours per week for up to six weeks and accept any offer of suitable employment.
The remaining hours necessary to meet the requirements of section 256J.55, subdivision
1, may be met through participation in other work activities under section 256J.49,
subdivision 13. The participant's employment plan must specify, at a minimum: (1)
whether the job search is supervised or unsupervised; (2) support services that will
be provided; and (3) how frequently the participant must report to the job counselor.
Participants who are unable to find suitable employment after six weeks must meet
with the job counselor to determine whether other activities in paragraph (a) should be
incorporated into the employment plan. Job search activities which are continued after six
weeks must be structured and supervised.
(c) Beginning July 1, 2004, activities and hourly requirements in the employment
plan may be adjusted as necessary to accommodate the personal and family circumstances
of participants identified under section 256J.561, subdivision 2, paragraph (d). Participants
who no longer meet the provisions of section 256J.561, subdivision 2, paragraph (d),
must meet with the job counselor within ten days of the determination to revise the
employment plan.
(d) Participants who are determined to have barriers to obtaining or retaining
employment that will not be overcome during six weeks of job search under paragraph (b)
must work with the job counselor to develop an employment plan that addresses those
barriers by incorporating appropriate activities from paragraph (a), clauses (1) to (6). The
employment plan must include enough hours to meet the participation requirements in
section 256J.55, subdivision 1, unless a compelling reason to require fewer hours is noted
in the participant's file.
(e) The job counselor and the participant must sign the employment plan to indicate
agreement on the contents. Failure to develop or comply with activities in the plan, or
voluntarily quitting suitable employment without good cause, will result in the imposition
of a sanction under section 256J.46.
(f) Employment plans must be reviewed at least every three months to determine
whether activities and hourly requirements should be revised.new text begin The job counselor is
encouraged to allow participants who are participating in at least 20 hours of work
activities to also participate in employment and training activities in order to meet the
federal hourly participation rates.
new text end
Sec. 15.
Minnesota Statutes 2004, section 256J.53, subdivision 2, is amended to read:
Subd. 2.
Approval of postsecondary education or training.
deleted text begin
(a) In order for a
postsecondary education or training program to be an approved activity in an employment
plan, the participant must be working in unsubsidized employment at least 20 hours per
week.
deleted text end
deleted text begin (b)deleted text end new text begin (a)new text end Participants seeking approval of a postsecondary education or training plan
must provide documentation that:
(1) the employment goal can only be met with the additional education or training;
(2) there are suitable employment opportunities that require the specific education or
training in the area in which the participant resides or is willing to reside;
(3) the education or training will result in significantly higher wages for the
participant than the participant could earn without the education or training;
(4) the participant can meet the requirements for admission into the program; and
(5) there is a reasonable expectation that the participant will complete the training
program based on such factors as the participant's MFIP assessment, previous education,
training, and work history; current motivation; and changes in previous circumstances.
deleted text begin (c)deleted text end new text begin (b)new text end The hourly unsubsidized employment requirement does not apply for
intensive education or training programs lasting 12 weeks or less when full-time
attendance is required.
deleted text begin (d)deleted text end new text begin (c)new text end Participants with an approved employment plan in place on July 1, 2003,
which includes more than 12 months of postsecondary education or training shall be
allowed to complete that plan provided that hourly requirements in section 256J.55,
subdivision 1, and conditions specified in paragraph deleted text begin (b)deleted text end new text begin (a)new text end , and subdivisions 3 and 5 are
met. A participant whose case is subsequently closed for three months or less for reasons
other than noncompliance with program requirements and who returns to MFIP shall
be allowed to complete that plan provided that hourly requirements in section 256J.55,
subdivision 1, and conditions specified in paragraph deleted text begin (b)deleted text end new text begin (a)new text end and subdivisions 3 and 5 are
met.
Sec. 16.
Minnesota Statutes 2004, section 256J.53, is amended by adding a subdivision
to read:
new text begin Subd. 2a. new text end
new text begin Employment while attending postsecondary education. new text end
new text begin
For the first
12 months of education, the participant may work, but there is no work requirement.
For the subsequent 12 months of education, the participant must work in unsubsidized
employment at least 20 hours per week.
new text end
Sec. 17.
new text begin
[256J.575] WORK PARTICIPATION RATE ENHANCEMENT
PROGRAM.
new text end
new text begin Subdivision 1. new text end
new text begin Purpose. new text end
new text begin
(a) The work participation rate enhancement program
(WORK PREP) is Minnesota's cash assistance program to serve families who are not
making significant progress within MFIP due to a variety of barriers to employment.
new text end
new text begin
(b) The goal of this program is to stabilize and improve the lives of families at risk
of long-term welfare dependency or family instability due to employment barriers such as
physical disability, mental disability, age, and caring for a disabled household member.
WORK PREP provides services to promote and support families to achieve the greatest
possible degree of self-sufficiency.
new text end
new text begin Subd. 2. new text end
new text begin Definitions. new text end
new text begin
The terms used in this section have the meanings given them
in paragraphs (a) to (d).
new text end
new text begin
(a) The "work participation rate enhancement program" means the WORK PREP
program established under this section.
new text end
new text begin
(b) "Case management" means the services provided by or through the county agency
to participating families, including assessment, information, referrals, and assistance in the
preparation and implementation of a family stabilization plan under subdivision 5.
new text end
new text begin
(c) "Family stabilization plan" means a plan developed by a case manager and
the participant, which identifies the participant's most appropriate path to unsubsidized
employment, family stability, and barrier reduction, taking into account the family's
circumstances.
new text end
new text begin
(d) "Family stabilization services" means programs, activities, and services in this
section that provide participants and their family members with assistance regarding,
but not limited to:
new text end
new text begin
(1) obtaining and retaining unsubsidized employment;
new text end
new text begin
(2) family stability;
new text end
new text begin
(3) economic stability; and
new text end
new text begin
(4) barrier reduction.
new text end
new text begin
The goal of the program is to achieve the greatest degree of economic self-sufficiency
and family well-being possible for the family under the circumstances.
new text end
new text begin Subd. 3. new text end
new text begin Eligibility. new text end
new text begin
(a) The following MFIP or diversionary work program (DWP)
participants are eligible for the program under this section:
new text end
new text begin
(1) a participant identified under section 256J.561, subdivision 2, paragraph (d), who
has or is eligible for an employment plan developed under section 256J.521, subdivision
2, paragraph (c);
new text end
new text begin
(2) a participant identified under section 256J.95, subdivision 12, paragraph (b), as
unlikely to benefit from the diversionary work program;
new text end
new text begin
(3) a participant who meets the requirements for or has been granted a hardship
extension under section 256J.425, subdivision 2 or 3; and
new text end
new text begin
(4) a participant who is applying for supplemental security income or Social Security
disability insurance.
new text end
new text begin
(b) Families must meet all other eligibility requirements for MFIP established in
this chapter. Families are eligible for financial assistance to the same extent as if they
were participating in MFIP.
new text end
new text begin Subd. 4. new text end
new text begin Universal participation. new text end
new text begin
All caregivers must participate in family
stabilization services as defined in subdivision 2.
new text end
new text begin Subd. 5. new text end
new text begin Case management; family stabilization plans; coordinated services. new text end
new text begin
(a)
The county agency shall provide family stabilization services to families through a case
management model. A case manager shall be assigned to each participating family within
30 days after the family begins to receive financial assistance as a participant of the work
participation rate enhancement program. The case manager, with the full involvement
of the family, shall recommend, and the county agency shall establish and modify as
necessary, a family stabilization plan for each participating family.
new text end
new text begin
(b) The family stabilization plan shall include:
new text end
new text begin
(1) each participant's plan for long-term self-sufficiency, including an employment
goal where applicable;
new text end
new text begin
(2) an assessment of each participant's strengths and barriers, and any special
circumstances of the participant's family that impact, or are likely to impact, the
participant's progress towards the goals in the plan; and
new text end
new text begin
(3) an identification of the services, supports, education, training, and
accommodations needed to overcome any barriers to enable the family to achieve
self-sufficiency and to fulfill each caregiver's personal and family responsibilities.
new text end
new text begin
(c) The case manager and the participant must meet within 30 days of the family's
referral to the case manager. The initial family stabilization plan shall be completed within
30 days of the first meeting with the case manager. The case manager shall establish a
schedule for periodic review of the family stabilization plan that includes personal contact
with the participant at least once per month. In addition, the case manager shall review
and modify if necessary the plan under the following circumstances:
new text end
new text begin
(1) there is a lack of satisfactory progress in achieving the goals of the plan;
new text end
new text begin
(2) the participant has lost unsubsidized or subsidized employment;
new text end
new text begin
(3) a family member has failed to comply with a family stabilization plan
requirement;
new text end
new text begin
(4) services required by the plan are unavailable; or
new text end
new text begin
(5) changes to the plan are needed to promote the well-being of the children.
new text end
new text begin
(d) Family stabilization plans under this section shall be written for a period of
time not to exceed six months.
new text end
new text begin Subd. 6. new text end
new text begin Cooperation with program requirements. new text end
new text begin
(a) To be eligible, a participant
must comply with paragraphs (b) to (f).
new text end
new text begin
(b) Participants shall engage in family stabilization plan services for the appropriate
number of hours per week based on the participant's plan, but not fewer than ten hours per
week, provided the activities are scheduled and available, unless good cause exists for
not doing so, as defined in section 256J.57, subdivision 1.
new text end
new text begin
(c) The case manager shall review the participant's progress toward the goals in the
family stabilization plan every six months to determine whether conditions have changed,
including whether revisions to the plan are needed.
new text end
new text begin
(d) When the participant has increased participation in work-related activities
sufficient to meet the federal participation requirements of TANF, the county agency shall
refer the participant to the MFIP program and assign the participant to a job counselor.
The participant and the job counselor must meet within 15 days of referral to MFIP to
develop an employment plan under section 256J.521. No reapplication is necessary and
financial assistance shall continue without interruption.
new text end
new text begin
(e) Participants who have not increased their participation in work activities
sufficient to meet the federal participation requirements of TANF may request a referral to
the MFIP program and assignment to a job counselor after 12 months in the program.
new text end
new text begin
(f) A participant's requirement to comply with any or all family stabilization plan
requirements under this subdivision shall be excused when the case management services,
training and educational services, and family support services identified in the participant's
family stabilization plan are unavailable for reasons beyond the control of the participant,
including when money appropriated is not sufficient to provide the services.
new text end
new text begin Subd. 7. new text end
new text begin Sanctions. new text end
new text begin
(a) The financial assistance grant of a participating family shall
be reduced, according to section 256J.46, if a participating adult fails without good cause
to comply or continue to comply with the family stabilization plan requirements in this
subdivision, unless compliance has been excused under subdivision 6, paragraph (f).
new text end
new text begin
(b) Given the purpose of the work participation rate enhancement program in this
section and the nature of the underlying family circumstances that act as barriers to both
employment and full compliance with program requirements, sanctions are appropriate
only when it is clear that there is both the ability to comply and willful noncompliance by
the participant, as confirmed by a behavioral health or medical professional.
new text end
new text begin
(c) Prior to the imposition of a sanction, the county agency must review the
participant's case to determine if the family stabilization plan is still appropriate and meet
with the participant face-to-face. The participant may bring an advocate to the face-to-face
meeting. If a face-to-face meeting is not conducted, the county agency must send the
participant a written notice that includes the following face-to-face meeting requirements:
new text end
new text begin
(1) during the face-to-face meeting, the county agency must:
new text end
new text begin
(i) determine whether the continued noncompliance can be explained and mitigated
by providing a needed family stabilization service, as defined in subdivision 2, paragraph
(d);
new text end
new text begin
(ii) determine whether the participant qualifies for a good cause exception under
section 256J.57, or if the sanction is for noncooperation with child support requirements,
determine if the participant qualifies for a good cause exemption under section 256.741,
subdivision 10;
new text end
new text begin
(iii) determine whether activities in the family stabilization plan are appropriate
based on the family's circumstances;
new text end
new text begin
(iv) explain the consequences of continuing noncompliance;
new text end
new text begin
(v) identify other resources that may be available to the participant to meet the
needs of the family; and
new text end
new text begin
(vi) inform the participant of the right to appeal under section 256J.40; and
new text end
new text begin
(2) if the lack of an identified activity or service can explain the noncompliance, the
county must work with the participant to provide the identified activity.
new text end
new text begin
(d) After the requirements of paragraph (c) are met and prior to imposition of a
sanction, the county agency shall provide a notice of intent to sanction under section
256J.57, subdivision 2, and, when applicable, a notice of adverse action as provided
in section 256J.31.
new text end
new text begin
(e) Section 256J.57 applies to this section except to the extent that it is modified
by this subdivision.
new text end
Sec. 18.
new text begin
[256J.621] WORK PARTICIPATION BONUS.
new text end
new text begin
Upon exiting the diversionary work program (DWP) or upon terminating MFIP cash
assistance with earnings, a participant who is employed and working 24 hours a week may
be eligible for transitional assistance of $50 per month to assist in meeting the family's
basic needs as the participant continues to move toward self-sufficiency.
new text end
new text begin
To be eligible for a transitional assistance payment, the participant must not receive
MFIP cash assistance or DWP assistance during the month and must be employed an
average of at least 24 hours a week. Transitional assistance shall be available for a
maximum of 12 months from the date the participant exited the DWP or terminated MFIP
cash assistance.
new text end
new text begin
The commissioner shall establish minimal policies and develop forms to verify
eligibility for transitional assistance. The commissioner is authorized to change or
modify the provisions of this section in order to comply with federal rules or regulations
promulgated as a result of the federal Deficit Reduction Act (DEFRA) of 2005.
new text end
new text begin
Expenditures on the transitional assistance program shall be maintenance of effort
state funds. Months in which a participant receives transitional assistance under this
section shall not count toward the participant's MFIP 60-month time limit.
new text end
Sec. 19.
Minnesota Statutes 2004, section 256J.626, subdivision 1, is amended to read:
Subdivision 1.
Consolidated fund.
The consolidated fund is established to support
counties and tribes in meeting their duties under this chapter. Counties and tribes must
use funds from the consolidated fund to develop programs and services that are designed
to improve participant outcomes as measured in section 256J.751, subdivision 2new text begin , and
to provide case management services to participants of the work participation rate
enhancement programnew text end . Counties may use the funds for any allowable expenditures under
subdivision 2. Tribes may use the funds for any allowable expenditures under subdivision
2, except those in clauses (1) and (6).
Sec. 20.
Minnesota Statutes 2004, section 256J.626, subdivision 2, is amended to read:
Subd. 2.
Allowable expenditures.
(a) The commissioner must restrict expenditures
under the consolidated fund to benefits and services allowed under title IV-A of the federal
Social Security Act. Allowable expenditures under the consolidated fund may include, but
are not limited to:
(1) short-term, nonrecurring shelter and utility needs that are excluded from the
definition of assistance under Code of Federal Regulations, title 45, section 260.31, for
families who meet the residency requirement in section 256J.12, subdivisions 1 and 1a.
Payments under this subdivision are not considered TANF cash assistance and are not
counted towards the 60-month time limit;
(2) transportation needed to obtain or retain employment or to participate in other
approved work activitiesnew text begin or activities under a family stabilization plannew text end ;
(3) direct and administrative costs of staff to deliver employment services for MFIP
deleted text begin or the diversionary work programdeleted text end ,new text begin the DWP, or the work participation rate enhancement
program;new text end to administer financial assistancedeleted text begin ,deleted text end new text begin ;new text end and to provide specialized services intended
to assist hard-to-employ participants to transition to worknew text begin or transition from the work
participation rate enhancement program to MFIPnew text end ;
(4) costs of education and training including functional work literacy and English as
a second language;
(5) cost of work supports including tools, clothing, boots, and other work-related
expenses;
(6) county administrative expenses as defined in Code of Federal Regulations, title
45, section 260(b);
(7) services to parenting and pregnant teens;
(8) supported work;
(9) wage subsidies;
(10) child care needed for MFIP deleted text begin or diversionary work programdeleted text end new text begin , the DWP, or the
work participation rate enhancement programnew text end participants to participate in social services;
(11) child care to ensure that families leaving MFIP or diversionary work program
will continue to receive child care assistance from the time the family no longer qualifies
for transition year child care until an opening occurs under the basic sliding fee child
care program; deleted text begin and
deleted text end
(12) services to help noncustodial parents who live in Minnesota and have minor
children receiving MFIP or DWP assistance, but do not live in the same household as the
child, obtain or retain employmentnew text begin ; and
new text end
new text begin (13) services to help families participating in the work participation rate
enhancement program achieve the greatest possible degree of self-sufficiencynew text end .
(b) Administrative costs that are not matched with county funds as provided in
subdivision 8 may not exceed 7.5 percent of a county's or 15 percent of a tribe's allocation
under this section. The commissioner shall define administrative costs for purposes of
this subdivision.
new text begin
(c) The commissioner may waive the cap on administrative costs for a county or tribe
that elects to provide an approved supported employment, unpaid work, or community
work experience program for a major segment of the county's or tribe's MFIP population.
The county or tribe must apply for the waiver on forms provided by the commissioner. In
no case shall total administrative costs exceed the TANF limits.
new text end
Sec. 21.
Minnesota Statutes 2004, section 256J.626, subdivision 3, is amended to read:
Subd. 3.
Eligibility for services.
Families with a minor child, a pregnant woman,
or a noncustodial parent of a minor child receiving assistance, with incomes below 200
percent of the federal poverty guideline for a family of the applicable size, are eligible
for services funded under the consolidated fund. Counties and tribes must give priority
to families currently receiving MFIP deleted text begin ordeleted text end new text begin , thenew text end diversionary work program,new text begin or the work
participation rate enhancement program,new text end and families at risk of receiving MFIP or
diversionary work program.
Sec. 22.
Minnesota Statutes 2004, section 256J.626, subdivision 4, is amended to read:
Subd. 4.
County and tribal biennial service agreements.
(a) Effective January 1,
2004, and each two-year period thereafter, each county and tribe must have in place an
approved biennial service agreement related to the services and programs in this chapter.
In counties with a city of the first class with a population over 300,000, the county must
consider a service agreement that includes a jointly developed plan for the delivery of
employment services with the city. Counties may collaborate to develop multicounty,
multitribal, or regional service agreements.
(b) The service agreements will be completed in a form prescribed by the
commissioner. The agreement must include:
(1) a statement of the needs of the service population and strengths and resources
in the community;
(2) numerical goals for participant outcomes measures to be accomplished during
the biennial period. The commissioner may identify outcomes from section 256J.751,
subdivision 2, as core outcomes for all counties and tribes;
(3) strategies the county or tribe will pursue to achieve the outcome targets.
Strategies must include specification of how funds under this section will be used and may
include community partnerships that will be established or strengthened; deleted text begin and
deleted text end
(4) new text begin strategies the county or tribe will pursue under the work participation rate
enhancement program; and
new text end
new text begin (5) new text end other items prescribed by the commissioner in consultation with counties and
tribes.
(c) The commissioner shall provide each county and tribe with information needed
to complete an agreement, including: (1) information on MFIP cases in the county or
tribe; (2) comparisons with the rest of the state; (3) baseline performance on outcome
measures; and (4) promising program practices.
(d) The service agreement must be submitted to the commissioner by October 15,
2003, and October 15 of each second year thereafter. The county or tribe must allow
a period of not less than 30 days prior to the submission of the agreement to solicit
comments from the public on the contents of the agreement.
(e) The commissioner must, within 60 days of receiving each county or tribal service
agreement, inform the county or tribe if the service agreement is approved. If the service
agreement is not approved, the commissioner must inform the county or tribe of any
revisions needed prior to approval.
(f) The service agreement in this subdivision supersedes the plan requirements
of section 116L.88.
Sec. 23.
Minnesota Statutes 2004, section 256J.626, subdivision 5, is amended to read:
Subd. 5.
Innovation projects.
Beginning January 1, 2005, no more than $3,000,000
of the funds annually appropriated to the commissioner for use in the consolidated
fund shall be available to the commissioner for projects testing innovative approaches
to improving outcomes for MFIP participants, and persons at risk of receiving MFIP
as detailed in subdivision 3new text begin , and for providing incentives to counties and tribes that
exceed performancenew text end . Projects shall be targeted to geographic areas with poor outcomes
as specified in section 256J.751, subdivision 5, or to subgroups within the MFIP case
load who are experiencing poor outcomes.new text begin For purposes of an incentive, a county or
tribe exceeds performance if the county or tribe is above the top of the county or tribe's
annualized range of expected performance on the three-year self-support index under
section 256J.751, subdivision 2, clause (6), and achieves a 50 percent MFIP participation
rate under section 256J.751, subdivision 2, clause (7), as averaged across the four quarterly
measurements for the most recent year for which the measurements are available.new text end
Sec. 24.
Minnesota Statutes 2005 Supplement, section 256J.626, subdivision 6,
is amended to read:
Subd. 6.
Base allocation to counties and tribes; definitions.
(a) For purposes of
this section, the following terms have the meanings given.
(1) "2002 historic spending base" means the commissioner's determination of
the sum of the reimbursement related to fiscal year 2002 of county or tribal agency
expenditures for the base programs listed in clause (6), items (i) through (iv), and earnings
related to calendar year 2002 in the base program listed in clause (6), item (v), and the
amount of spending in fiscal year 2002 in the base program listed in clause (6), item (vi),
issued to or on behalf of persons residing in the county or tribal service delivery area.
(2) "Adjusted caseload factor" means a factor weighted:
(i) 47 percent on the MFIP cases in each county at four points in time in the most
recent 12-month period for which data is available multiplied by the county's caseload
difficulty factor; and
(ii) 53 percent on the count of adults on MFIP in each county and tribe at four points
in time in the most recent 12-month period for which data is available multiplied by the
county or tribe's caseload difficulty factor.
(3) "Caseload difficulty factor" means a factor determined by the commissioner for
each county and tribe based upon the self-support index described in section 256J.751,
subdivision 2, clause (7).
(4) "Initial allocation" means the amount potentially available to each county or tribe
based on the formula in paragraphs (b) through (h).
(5) "Final allocation" means the amount available to each county or tribe based on
the formula in paragraphs (b) through (h)deleted text begin , after adjustment by subdivision 7deleted text end .
(6) "Base programs" means the:
(i) MFIP employment and training services under Minnesota Statutes 2002, section
256J.62, subdivision 1, in effect June 30, 2002;
(ii) bilingual employment and training services to refugees under Minnesota Statutes
2002, section 256J.62, subdivision 6, in effect June 30, 2002;
(iii) work literacy language programs under Minnesota Statutes 2002, section
256J.62, subdivision 7, in effect June 30, 2002;
(iv) supported work program authorized in Laws 2001, First Special Session chapter
9, article 17, section 2, in effect June 30, 2002;
(v) administrative aid program under section 256J.76 in effect December 31, 2002;
and
(vi) emergency assistance program under Minnesota Statutes 2002, section 256J.48,
in effect June 30, 2002.
(b) The commissioner shall:
(1) beginning July 1, 2003, determine the initial allocation of funds available under
this section according to clause (2);
(2) allocate all of the funds available for the period beginning July 1, 2003, and
ending December 31, 2004, to each county or tribe in proportion to the county's or tribe's
share of the statewide 2002 historic spending base;
(3) determine for calendar year 2005 the initial allocation of funds to be made
available under this section in proportion to the county or tribe's initial allocation for the
period of July 1, 2003, to December 31, 2004;
(4) determine for calendar year 2006 the initial allocation of funds to be made
available under this section based 90 percent on the proportion of the county or tribe's
share of the statewide 2002 historic spending base and ten percent on the proportion of
the county or tribe's share of the adjusted caseload factor;
(5) determine for calendar year 2007 the initial allocation of funds to be made
available under this section based 70 percent on the proportion of the county or tribe's
share of the statewide 2002 historic spending base and 30 percent on the proportion of the
county or tribe's share of the adjusted caseload factor; and
(6) determine for calendar year 2008 and subsequent years the initial allocation of
funds to be made available under this section based 50 percent on the proportion of the
county or tribe's share of the statewide 2002 historic spending base and 50 percent on the
proportion of the county or tribe's share of the adjusted caseload factor.
(c) With the commencement of a new or expanded tribal TANF program or an
agreement under section 256.01, subdivision 2, paragraph (g), in which some or all of
the responsibilities of particular counties under this section are transferred to a tribe,
the commissioner shall:
(1) in the case where all responsibilities under this section are transferred to a tribal
program, determine the percentage of the county's current caseload that is transferring to a
tribal program and adjust the affected county's allocation accordingly; and
(2) in the case where a portion of the responsibilities under this section are
transferred to a tribal program, the commissioner shall consult with the affected county or
counties to determine an appropriate adjustment to the allocation.
deleted text begin
(d) Effective January 1, 2005, counties and tribes will have their final allocations
adjusted based on the performance provisions of subdivision 7.
deleted text end
Sec. 25.
new text begin
[256K.60] RUNAWAY AND HOMELESS YOUTH ACT.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
(a) The definitions of this subdivision apply to this
section.
new text end
new text begin
(b) "Commissioner" means the commissioner of human services.
new text end
new text begin
(c) "Homeless youth" means a person 21 years or younger who is unaccompanied
by a parent or guardian and is without shelter where appropriate care and supervision are
available, whose parent or legal guardian is unable or unwilling to provide shelter and
care, or who lacks a fixed, regular, and adequate nighttime residence. The following are
not fixed, regular, or adequate nighttime residences:
new text end
new text begin
(1) a supervised publicly or privately operated shelter designed to provide temporary
living accommodations;
new text end
new text begin
(2) a publicly or privately operated shelter designed to provide temporary living
accommodations;
new text end
new text begin
(3) transitional housing;
new text end
new text begin
(4) a temporary placement with a peer, friend, or family member that has not offered
permanent residence, a residential lease, or temporary lodging for more than 30 days; or
new text end
new text begin
(5) a public or private place not designed for, nor ordinarily used as, a regular
sleeping accommodation for human beings.
new text end
new text begin
Homeless youth does not include persons incarcerated or otherwise detained under
federal or state law.
new text end
new text begin
(d) "Youth at risk of homelessness" means a person 21 years or younger whose status
or circumstances indicate a significant danger of experiencing homelessness in the near
future. Status or circumstances that indicate a significant danger may include youth exiting
out-of-home placements, youth who previously were homeless, youth whose parents or
primary caregivers are or were previously homeless, youth who are exposed to abuse and
neglect in their homes, youth who experience conflict with parents due to chemical or
alcohol dependency, mental health disabilities, or other disabilities, and runaways.
new text end
new text begin
(e) "Runaway" means an unmarried child under the age of 18 years who is absent
from the home of a parent or guardian or other lawful placement without the consent of
the parent, guardian, or lawful custodian.
new text end
new text begin Subd. 2. new text end
new text begin Homeless and runaway youth report. new text end
new text begin
The commissioner shall develop a
comprehensive report on homeless youth, youth at risk of homelessness, and runaways.
new text end
new text begin
The commissioner shall study and report on services for homeless, runaway, and
at-risk youth. The report shall include the coordination of services under subdivisions 3
to 5.
new text end
new text begin Subd. 3. new text end
new text begin Street and community outreach and drop-in program. new text end
new text begin
Youth drop-in
centers must provide walk-in access to crisis intervention and ongoing supportive services
including one-to-one case management services on a self-referral basis. Street and
community outreach programs must locate, contact, and provide information, referrals,
and services to homeless youth, youth at risk of homelessness, and runaways. Information,
referrals, and services provided may include, but are not limited to:
new text end
new text begin
(1) family reunification services;
new text end
new text begin
(2) conflict resolution or mediation counseling;
new text end
new text begin
(3) assistance in obtaining temporary emergency shelter;
new text end
new text begin
(4) assistance in obtaining food, clothing, medical care, or mental health counseling;
new text end
new text begin
(5) counseling regarding violence, prostitution, substance abuse, sexually transmitted
diseases, and pregnancy;
new text end
new text begin
(6) referrals to other agencies that provide support to services to homeless youth,
youth at risk of homelessness, and runaways;
new text end
new text begin
(7) assistance with education, employment, and independent living skills;
new text end
new text begin
(8) after-care services;
new text end
new text begin
(9) specialized services for highly vulnerable runaways and homeless youth,
including teen parents, emotionally disturbed and mentally ill youth, and sexually
exploited youth; and
new text end
new text begin
(10) homelessness prevention.
new text end
new text begin Subd. 4. new text end
new text begin Emergency shelter program. new text end
new text begin
(a) Emergency shelter programs must
provide homeless youth and runaways with referral and walk-in access to emergency,
short-term residential care. The program shall provide homeless youth and runaways with
safe, dignified shelter, including private shower facilities, beds, and at least one meal each
day, and shall assist a runaway with reunification with the family or legal guardian when
required or appropriate.
new text end
new text begin
(b) The services provided at emergency shelters may include, but are not limited to:
new text end
new text begin
(1) family reunification services;
new text end
new text begin
(2) individual, family, and group counseling;
new text end
new text begin
(3) assistance obtaining clothing;
new text end
new text begin
(4) access to medical and dental care and mental health counseling;
new text end
new text begin
(5) education and employment services;
new text end
new text begin
(6) recreational activities;
new text end
new text begin
(7) advocacy and referral services;
new text end
new text begin
(8) independent living skills training;
new text end
new text begin
(9) after-care and follow-up services;
new text end
new text begin
(10) transportation; and
new text end
new text begin
(11) homelessness prevention.
new text end
new text begin Subd. 5. new text end
new text begin Supportive housing and transitional living programs. new text end
new text begin
Transitional
living programs must help homeless youth and youth at risk of homelessness to find and
maintain safe, dignified housing. The program may also provide rental assistance and
related supportive services, or refer youth to other organizations or agencies that provide
such services. Services provided may include, but are not limited to:
new text end
new text begin
(1) educational assessment and referrals to educational programs;
new text end
new text begin
(2) career planning, employment, work skill training, and independent living skills
training;
new text end
new text begin
(3) job placement;
new text end
new text begin
(4) budgeting and money management;
new text end
new text begin
(5) assistance in securing housing appropriate to needs and income;
new text end
new text begin
(6) counseling regarding violence, prostitution, substance abuse, sexually transmitted
diseases, and pregnancy;
new text end
new text begin
(7) referral for medical services or chemical dependency treatment;
new text end
new text begin
(8) parenting skills;
new text end
new text begin
(9) self-sufficiency support services or life skill training;
new text end
new text begin
(10) after-care and follow-up services; and
new text end
new text begin
(11) homelessness prevention.
new text end
Sec. 26.
new text begin
[259.86] POSTADOPTION SEARCH SERVICES.
new text end
new text begin
(a) The commissioner of human services shall develop a specialized curriculum
to train department, county agency, and social service agency staff in performing and
complying with the postadoption search services developed in the best practices guidelines
reported to the legislature in 2006.
new text end
new text begin
(b) All department and county social service agency staff providing postadoption
search services, shall complete six hours of postadoption search services training as a
specialized curriculum of the child welfare training.
new text end
new text begin
(c) All private agency staff providing postadoption search services shall complete at
least six hours of postadoption search services training.
new text end
Sec. 27.
Minnesota Statutes 2004, section 259.87, is amended to read:
259.87 RULES.
The commissioner of human services shall make rules as necessary to administer
sections 259.79 deleted text begin anddeleted text end new text begin ,new text end 259.83new text begin , and 259.86new text end .
Sec. 28.
Minnesota Statutes 2004, section 518.551, subdivision 7, is amended to read:
Subd. 7.
Fees deleted text begin and cost recovery feesdeleted text end for IV-D services.
(a) When a recipient of
IV-D services is no longer receiving assistance under the state's title IV-A, IV-E foster
care, medical assistance, or MinnesotaCare programs, the public authority responsible
for child support enforcement must notify the recipient, within five working days of the
notification of ineligibility, that IV-D services will be continued unless the public authority
is notified to the contrary by the recipient. The notice must include the implications
of continuing to receive IV-D services, including the available services and fees, cost
recovery fees, and distribution policies relating to fees.
(b) An application fee of $25 shall be paid by the person who applies for child
support and maintenance collection services, except persons who are receiving public
assistance as defined in section 256.741 anddeleted text begin , if enacted,deleted text end the diversionary work program
under section 256J.95, persons who transfer from public assistance to nonpublic assistance
status, and minor parents and parents enrolled in a public secondary school, area learning
center, or alternative learning program approved by the commissioner of education.
(c) new text begin In the case of an individual who has never received assistance under a state
program funded under Title IV-A of the Social Security Act and for whom the public
authority has collected at least $500 of support, the public authority must impose an
annual federal collections fee of $25 for each case in which services are furnished. This
fee must be retained by the public authority from support collected on behalf of the
individual, but not from the first $500 collected.
new text end
new text begin (d) new text end When the public authority provides full IV-D services to an obligee who has
applied for those services, upon written notice to the obligee, the public authority must
charge a cost recovery fee of one percent of the amount collected. This fee must be
deducted from the amount of the child support and maintenance collected and not assigned
under section 256.741 before disbursement to the obligee. This fee does not apply to an
obligee who:
(1) is currently receiving assistance under the state's title IV-A, IV-E foster care,
medical assistance, or MinnesotaCare programs; or
(2) has received assistance under the state's title IV-A or IV-E foster care programs,
until the person has not received this assistance for 24 consecutive months.
deleted text begin (d)deleted text end new text begin (e)new text end When the public authority provides full IV-D services to an obligor who has
applied for such services, upon written notice to the obligor, the public authority must
charge a cost recovery fee of one percent of the monthly court-ordered child support and
maintenance obligation. The fee may be collected through income withholding, as well
as by any other enforcement remedy available to the public authority responsible for
child support enforcement.
deleted text begin (e)deleted text end new text begin (f)new text end Fees assessed by state and federal tax agencies for collection of overdue
support owed to or on behalf of a person not receiving public assistance must be imposed
on the person for whom these services are provided. The public authority upon written
notice to the obligee shall assess a fee of $25 to the person not receiving public assistance
for each successful federal tax interception. The fee must be withheld prior to the release
of the funds received from each interception and deposited in the general fund.
deleted text begin (f)deleted text end new text begin (g) Federal collections fees collected under paragraph (c) andnew text end cost recovery fees
collected under paragraphs deleted text begin (c) anddeleted text end (d) new text begin and (e) new text end shall be considered child support program
income according to Code of Federal Regulations, title 45, section 304.50, and shall
be deposited in the deleted text begin cost recovery feedeleted text end new text begin special revenue fundnew text end account established under
paragraph deleted text begin (h)deleted text end new text begin (i)new text end . The commissioner of human services must elect to recover costs based
on either actual or standardized costs.
deleted text begin (g)deleted text end new text begin (h)new text end The limitations of this subdivision on the assessment of fees shall not apply
to the extent inconsistent with the requirements of federal law for receiving funds for the
programs under Title IV-A and Title IV-D of the Social Security Act, United States Code,
title 42, sections 601 to 613 and United States Code, title 42, sections 651 to 662.
deleted text begin (h)deleted text end new text begin (i)new text end The commissioner of human services is authorized to establish a special
revenue fund account to receive deleted text begin child supportdeleted text end new text begin the federal collections fees collected under
paragraph (c) andnew text end cost recovery feesnew text begin collected under paragraphs (d) and (e)new text end . A portion of
the nonfederal share of these fees may be retained for expenditures necessary to administer
the deleted text begin feedeleted text end new text begin feesnew text end and must be transferred to the child support system special revenue account.
The remaining nonfederal share of the new text begin federal collections fees and new text end cost recovery deleted text begin feedeleted text end new text begin feesnew text end
must be retained by the commissioner and dedicated to the child support general fund
county performance-based grant account authorized under sections 256.979 and 256.9791.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective October 1, 2006, or later if the
commissioner determines that a later implementation will not result in federal fiscal
penalties.
new text end
Sec. 29.
Laws 2005, First Special Session chapter 4, article 7, section 59, is amended
to read:
Sec. 59. REPORT TO LEGISLATURE.
The commissioner shall report to the legislature by December 15, 2006, on the
redesign of case management services. In preparing the report, the commissioner
shall consult with representatives for consumers, consumer advocates, counties, new text begin labor
organizations representing county social service workers, new text end and service providers. The
report shall include draft legislation for case management changes that will:
(1) streamline administration;
(2) improve consumer access to case management services;
(3) address the use of a comprehensive universal assessment protocol for persons
seeking community supports;
(4) establish case management performance measures;
(5) provide for consumer choice of the case management service vendor; and
(6) provide a method of payment for case management services that is cost-effective
and best supports the draft legislation in clauses (1) to (5).
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 30. new text begin IMPACT ON REDUCED MEDICAID REIMBURSEMENTS.
new text end
new text begin
The commissioner of human services shall report to the chair of the house Health
Policy and Finance Committee and the chairs of the senate Health and Family Security
Committee and Health and Human Services Budget Division by December 1, 2006, on the
impact of reduced Medicaid reimbursements resulting from the federal Deficit Reduction
Act of 2005. The report shall include options to restore lost revenues and ensure the
continuation of targeted case management and other affected social services.
new text end
Sec. 31. new text begin COMMISSIONER AUTHORITY TO PROVIDE GUIDANCE ON
FEDERAL REGULATIONS.
new text end
new text begin
The commissioner shall provide guidance to counties and tribes as necessary to
comply with TANF regulations issued pursuant to Public Law 109-171.
new text end
Sec. 32. new text begin PARENT FEE SCHEDULE.
new text end
new text begin
Notwithstanding Minnesota Rules, part 3400.0100, subpart 4, the parent fee
schedule for the child care assistance program is as follows:
new text end
|
new text begin
Income Range (as a percent of the federal poverty guidelines) new text end |
new text begin
Co-payment (as a percentage of adjusted gross income) new text end |
|
new text begin
0-74.99% new text end |
new text begin
$0/month new text end |
|
new text begin
75.00-99.99% new text end |
new text begin
$5/month new text end |
|
new text begin
100.00-104.99% new text end |
new text begin
2.61% new text end |
|
new text begin
105.00-109.99% new text end |
new text begin
2.61% new text end |
|
new text begin
110.00-114.99% new text end |
new text begin
2.61% new text end |
|
new text begin
115.00-119.99% new text end |
new text begin
2.61% new text end |
|
new text begin
120.00-124.99% new text end |
new text begin
2.91% new text end |
|
new text begin
125.00-129.99% new text end |
new text begin
2.91% new text end |
|
new text begin
130.00-134.99% new text end |
new text begin
2.91% new text end |
|
new text begin
135.00-139.99% new text end |
new text begin
2.91% new text end |
|
new text begin
140.00-144.99% new text end |
new text begin
3.21% new text end |
|
new text begin
145.00-149.99% new text end |
new text begin
3.21% new text end |
|
new text begin
150.00-154.99% new text end |
new text begin
3.21% new text end |
|
new text begin
155.00-159.99% new text end |
new text begin
3.84% new text end |
|
new text begin
160.00-164.99% new text end |
new text begin
3.84% new text end |
|
new text begin
165.00-169.99% new text end |
new text begin
4.46% new text end |
|
new text begin
170.00-174.99% new text end |
new text begin
4.76% new text end |
|
new text begin
175.00-179.99% new text end |
new text begin
5.05% new text end |
|
new text begin
180.00-184.99% new text end |
new text begin
5.65% new text end |
|
new text begin
185.00-189.99% new text end |
new text begin
5.95% new text end |
|
new text begin
190.00-194.99% new text end |
new text begin
6.24% new text end |
|
new text begin
195.00-199.99% new text end |
new text begin
6.84% new text end |
|
new text begin
200.00-204.99% new text end |
new text begin
7.58% new text end |
|
new text begin
205.00-209.99% new text end |
new text begin
8.33% new text end |
|
new text begin
210.00-214.99% new text end |
new text begin
9.20% new text end |
|
new text begin
215.00-219.99% new text end |
new text begin
10.07% new text end |
|
new text begin
220.00-224.99% new text end |
new text begin
10.94% new text end |
|
new text begin
225.00-229.99% new text end |
new text begin
11.55% new text end |
|
new text begin
230.00-234.99% new text end |
new text begin
12.16% new text end |
|
new text begin
235.00-239.99% new text end |
new text begin
12.77% new text end |
|
new text begin
240.00-244.99% new text end |
new text begin
13.38% new text end |
|
new text begin
245.00-249.99% new text end |
new text begin
14.00% new text end |
|
new text begin
250% new text end |
new text begin
ineligible new text end |
new text begin
A family's monthly co-payment fee is the fixed percentage established for the
income range multiplied by the highest possible income within that income range.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 33. new text begin REPEALER.
new text end
new text begin
(a) Minnesota Statutes 2004, section 256J.626, subdivision 9,
new text end
new text begin
and
new text end
new text begin
Minnesota
Statutes 2005 Supplement, sections 119B.13, subdivision 7; and 256J.626, subdivision
7,
new text end
new text begin
are repealed.
new text end
new text begin
(b) Laws 2003, First Special Session chapter 14, article 9, section 36,
new text end
new text begin
is repealed.
new text end
ARTICLE 25
MENTAL HEALTH AND CHEMICAL HEALTH
Section 1.
Minnesota Statutes 2004, section 245.465, is amended by adding a
subdivision to read:
new text begin Subd. 3. new text end
new text begin Responsibility not duplicated. new text end
new text begin
For individuals who have health care
coverage, the county board is not responsible for providing mental health services which
are covered by the entity that administers the health care coverage.
new text end
Sec. 2.
new text begin
[245.4682] MENTAL HEALTH SERVICE DELIVERY AND FINANCE
REFORM.
new text end
new text begin Subdivision 1. new text end
new text begin Policy. new text end
new text begin
The commissioner of human services shall undertake a series
of reforms to improve the underlying structural, financing, and organizational problems
in Minnesota's mental health system with the goal of improving the availability, quality,
and accountability of mental health care within the state.
new text end
new text begin Subd. 2. new text end
new text begin General provisions. new text end
new text begin
In the design and implementation of reforms to the
mental health system, the commissioner shall:
new text end
new text begin
(1) consult with consumers, families, counties, tribes, advocates, providers, and
other stakeholders;
new text end
new text begin
(2) bring to the legislature, and the state Mental Health Advisory Council by January
15, 2007, recommendations for legislation to update the role of counties and to clarify the
case management roles and functions of health plans and counties;
new text end
new text begin
(3) ensure continuity of care for persons affected by these reforms including:
new text end
new text begin
(i) ensuring client choice of provider by requiring broad provider networks;
new text end
new text begin
(ii) allowing clients options to maintain previously established therapeutic
relationships; and
new text end
new text begin
(iii) developing mechanisms to facilitate a smooth transition of service
responsibilities;
new text end
new text begin
(4) provide accountability for the efficient and effective use of public and private
resources in achieving positive outcomes for consumers;
new text end
new text begin
(5) ensure client access to applicable protections and appeals; and
new text end
new text begin
(6) make budget transfers that do not increase the state and county costs to
effectively implement improvements to the mental health system and efficiently allocate
state funds. When making transfers necessary to implement movement of responsibility
for clients and services between counties and health care programs, the commissioner,
in consultation with counties, shall ensure that any transfer of state grants to health
care programs, including the value of case management transfer grants under section
256B.0625, subdivision 20, does not exceed the value of the services being transferred
for the latest 12-month period for which data is available. The commissioner may make
quarterly adjustments based on the availability of additional data during the first four
quarters after the transfers first occur.
new text end
new text begin Subd. 3. new text end
new text begin Regional projects for coordination of care. new text end
new text begin
(a) Consistent with section
256B.69 and chapters 256D and 256L, the commissioner is authorized to solicit, approve,
and implement regional projects to demonstrate the integration of physical and mental
health services within prepaid health plans and their coordination with social services. The
commissioner, in consultation with consumers, families, and their representatives, shall:
new text end
new text begin
(1) determine criteria for approving the regional projects and use those criteria to
solicit regional proposals for integrated service networks;
new text end
new text begin
(2) require that each project be based on locally defined partnerships that include
at least one health maintenance organization, community integrated service network, or
accountable provider network authorized and operating under chapter 62D, 62N, or 62T,
or county-based purchasing entity under section 256B.692 that is eligible to contract with
the commissioner as a prepaid health plan, and the county or counties within the region;
new text end
new text begin
(3) allow potential bidders at least 90 days to respond to the request for proposals;
new text end
new text begin
(4) waive any administrative rule not consistent with the implementation of the
regional projects; and
new text end
new text begin
(5) begin implementation of the regional projects no earlier than January 1, 2008,
with not more than 20 percent of the statewide population described in paragraph (b)
included during calendar year 2008 and additional individuals included in subsequent
years.
new text end
new text begin
(b) Notwithstanding any statute or administrative rule to the contrary, the
commissioner shall enroll all medical assistance eligible persons with serious and
persistent mental illness or severe emotional disturbance in the prepaid plan of their choice
within the project region unless:
new text end
new text begin
(1) an individual has another basis for exclusion from the prepaid plan under section
256B.69, subdivision 4;
new text end
new text begin
(2) an individual has a previously established therapeutic relationship with a
provider who is not included in the available prepaid plans; or
new text end
new text begin
(3) the service the individual wishes to use is not included in the available prepaid
plans.
new text end
new text begin
(c) If the person with serious and persistent mental illness or severe emotional
disturbance declines to choose a plan, the commissioner may preferentially assign
that person to the prepaid plan participating in the integrated service network. The
commissioner shall implement the enrollment changes within a regional project on the
timeline specified in that region's approved application.
new text end
new text begin
(d) The commissioner, in consultation with consumers, families, and their
representatives, shall evaluate the regional projects begun in 2008, and shall refine the
design of the regional service integration projects before expanding beyond the 20
percent of the statewide population and expanding the number of regions engaged in the
demonstration projects as additional qualified applicant partnerships present themselves.
new text end
new text begin
(e) The commissioner shall apply for any federal waivers necessary to implement
these changes.
new text end
Sec. 3.
new text begin
[245.4835] COUNTY MAINTENANCE OF EFFORT.
new text end
new text begin Subdivision 1. new text end
new text begin Required expenditures. new text end
new text begin
Counties must maintain a level of
expenditures for mental health services under sections 245.461 to 245.484 and 245.487 to
245.4887 so that each year's county expenditures are at least equal to that county's average
expenditures for those services for calendar years 2004 and 2005. The commissioner will
adjust each county's base level for minimum expenditures in each year by the amount of
any increase or decrease in that county's state grants or other noncounty revenues for
mental health services under sections 245.461 to 245.484 and 245.487 to 245.4887.
new text end
new text begin Subd. 2. new text end
new text begin Failure to maintain expenditures. new text end
new text begin
If a county does not comply with
subdivision 1, the commissioner shall require the county to develop a corrective action plan
according to a format and timeline established by the commissioner. If the commissioner
determines that a county has not developed an acceptable corrective action plan within
the required timeline, or that the county is not in compliance with an approved corrective
action plan, the protections provided to that county under section 245.485 do not apply.
new text end
new text begin new text end
Sec. 4.
Minnesota Statutes 2005 Supplement, section 245.4874, is amended to read:
245.4874 DUTIES OF COUNTY BOARD.
new text begin Subdivision 1. new text end
new text begin Duties of the county board. new text end
(a) The county board must:
(1) develop a system of affordable and locally available children's mental health
services according to sections 245.487 to 245.4887;
(2) establish a mechanism providing for interagency coordination as specified in
section 245.4875, subdivision 6;
(3) consider the assessment of unmet needs in the county as reported by the local
children's mental health advisory council under section 245.4875, subdivision 5, paragraph
(b), clause (3). The county shall provide, upon request of the local children's mental health
advisory council, readily available data to assist in the determination of unmet needs;
(4) assure that parents and providers in the county receive information about how to
gain access to services provided according to sections 245.487 to 245.4887;
(5) coordinate the delivery of children's mental health services with services
provided by social services, education, corrections, health, and vocational agencies to
improve the availability of mental health services to children and the cost-effectiveness of
their delivery;
(6) assure that mental health services delivered according to sections 245.487
to 245.4887 are delivered expeditiously and are appropriate to the child's diagnostic
assessment and individual treatment plan;
(7) provide the community with information about predictors and symptoms of
emotional disturbances and how to access children's mental health services according to
sections 245.4877 and 245.4878;
(8) provide for case management services to each child with severe emotional
disturbance according to sections 245.486; 245.4871, subdivisions 3 and 4; and 245.4881,
subdivisions 1, 3, and 5;
(9) provide for screening of each child under section 245.4885 upon admission
to a residential treatment facility, acute care hospital inpatient treatment, or informal
admission to a regional treatment center;
(10) prudently administer grants and purchase-of-service contracts that the county
board determines are necessary to fulfill its responsibilities under sections 245.487 to
245.4887;
(11) assure that mental health professionals, mental health practitioners, and case
managers employed by or under contract to the county to provide mental health services
are qualified under section 245.4871;
(12) assure that children's mental health services are coordinated with adult mental
health services specified in sections 245.461 to 245.486 so that a continuum of mental
health services is available to serve persons with mental illness, regardless of the person's
age;
(13) assure that culturally informed mental health consultants are used as necessary
to assist the county board in assessing and providing appropriate treatment for children of
cultural or racial minority heritage; and
(14) consistent with section 245.486, arrange for or provide a children's mental
health screening to a child receiving child protective services or a child in out-of-home
placement, a child for whom parental rights have been terminated, a child found to be
delinquent, and a child found to have committed a juvenile petty offense for the third or
subsequent time, unless a screening has been performed within the previous 180 days, or
the child is currently under the care of a mental health professional. The court or county
agency must notify a parent or guardian whose parental rights have not been terminated of
the potential mental health screening and the option to prevent the screening by notifying
the court or county agency in writing. The screening shall be conducted with a screening
instrument approved by the commissioner of human services according to criteria that
are updated and issued annually to ensure that approved screening instruments are valid
and useful for child welfare and juvenile justice populations, and shall be conducted
by a mental health practitioner as defined in section 245.4871, subdivision 26, or a
probation officer or local social services agency staff person who is trained in the use of
the screening instrument. Training in the use of the instrument shall include training in the
administration of the instrument, the interpretation of its validity given the child's current
circumstances, the state and federal data practices laws and confidentiality standards, the
parental consent requirement, and providing respect for families and cultural values.
If the screen indicates a need for assessment, the child's family, or if the family lacks
mental health insurance, the local social services agency, in consultation with the child's
family, shall have conducted a diagnostic assessment, including a functional assessment,
as defined in section 245.4871. The administration of the screening shall safeguard the
privacy of children receiving the screening and their families and shall comply with the
Minnesota Government Data Practices Act, chapter 13, and the federal Health Insurance
Portability and Accountability Act of 1996, Public Law 104-191. Screening results shall be
considered private data and the commissioner shall not collect individual screening results.
(b) When the county board refers clients to providers of children's therapeutic
services and supports under section 256B.0943, the county board must clearly identify
the desired services components not covered under section 256B.0943 and identify the
reimbursement source for those requested services, the method of payment, and the
payment rate to the provider.
new text begin Subd. 2. new text end
new text begin Responsibility not duplicated. new text end
new text begin
For individuals that have health care
coverage, the county board is not responsible for providing mental health services which
are covered by the entity which administers the health care coverage.
new text end
Sec. 5.
new text begin
[245.4889] CHILDREN'S MENTAL HEALTH GRANTS.
new text end
new text begin Subdivision 1. new text end
new text begin Establishment and authority. new text end
new text begin
The commissioner is authorized to
make grants from available appropriations to assist counties, Indian tribes, children's
collaboratives under section 124D.23 or 245.493, or mental health service providers for
providing services to children with emotional disturbances as defined in section 245.4871,
subdivision 15, and their families; and to young adults meeting the criteria for transition
services in section 245.4875, subdivision 8, and their families. Services must be designed
to help each child to function and remain with the child's family in the community and
delivered consistent with the child's treatment plan. Transition services to eligible young
adults must be designed to foster independent living in the community.
new text end
new text begin Subd. 2. new text end
new text begin Grant application and reporting requirements. new text end
new text begin
To apply for a grant
an applicant organization shall submit an application and budget for the use of the
money in the form specified by the commissioner. The commissioner shall make grants
only to entities whose applications and budgets are approved by the commissioner. In
awarding grants, the commissioner shall give priority to applications that indicate plans
to collaborate in the development, funding, and delivery of services with other agencies
in the local system of care. The commissioner shall specify requirements for reports,
including quarterly fiscal reports, according to section 256.01, subdivision 2, paragraph
(q). The commissioner shall require collection of data and periodic reports that the
commissioner deems necessary to demonstrate the effectiveness of each service.
new text end
Sec. 6.
Minnesota Statutes 2004, section 245.50, subdivision 1, is amended to read:
Subdivision 1.
Definitions.
For purposes of this section, the following terms have
the meanings given them.
(a) "Bordering state" means Iowa, North Dakota, South Dakota, or Wisconsin.
(b) "Receiving agency" means a public or private hospital, mental health center,
new text begin chemical health treatment facility, new text end or other person or organization which provides mental
health new text begin or chemical health new text end services under this section to individuals from a state other than
the state in which the agency is located.
(c) "Receiving state" means the state in which a receiving agency is located.
(d) "Sending agency" means a state or county agency which sends an individual to a
bordering state for treatment under this section.
(e) "Sending state" means the state in which the sending agency is located.
Sec. 7.
Minnesota Statutes 2004, section 245.50, subdivision 2, is amended to read:
Subd. 2.
Purpose and authority.
(a) The purpose of this section is to enable
appropriate treatment to be provided to individuals, across state lines from the individual's
state of residence, in qualified facilities that are closer to the homes of individuals than are
facilities available in the individual's home state.
(b) Unless prohibited by another law and subject to the exceptions listed in
subdivision 3, a county board or the commissioner of human services may contract with
an agency or facility in a bordering state for mental health new text begin or chemical health new text end services
for residents of Minnesota, and a Minnesota mental health new text begin or chemical health new text end agency
or facility may contract to provide services to residents of bordering states. Except as
provided in subdivision 5, a person who receives services in another state under this
section is subject to the laws of the state in which services are provided. A person who will
receive services in another state under this section must be informed of the consequences
of receiving services in another state, including the implications of the differences in state
laws, to the extent the individual will be subject to the laws of the receiving state.
Sec. 8.
Minnesota Statutes 2004, section 245.50, subdivision 5, is amended to read:
Subd. 5.
Special contracts; bordering states.
(a) An individual who is detained,
committed, or placed on an involuntary basis under chapter 253B may be confined or
treated in a bordering state pursuant to a contract under this section. An individual who is
detained, committed, or placed on an involuntary basis under the civil law of a bordering
state may be confined or treated in Minnesota pursuant to a contract under this section. A
peace or health officer who is acting under the authority of the sending state may transport
an individual to a receiving agency that provides services pursuant to a contract under
this section and may transport the individual back to the sending state under the laws
of the sending state. Court orders valid under the law of the sending state are granted
recognition and reciprocity in the receiving state for individuals covered by a contract
under this section to the extent that the court orders relate to confinement for treatment
or care of mental illnessnew text begin or chemical dependencynew text end . Such treatment or care may address
other conditions that may be co-occurring with the mental illnessnew text begin or chemical dependencynew text end .
These court orders are not subject to legal challenge in the courts of the receiving state.
Individuals who are detained, committed, or placed under the law of a sending state and
who are transferred to a receiving state under this section continue to be in the legal
custody of the authority responsible for them under the law of the sending state. Except
in emergencies, those individuals may not be transferred, removed, or furloughed from
a receiving agency without the specific approval of the authority responsible for them
under the law of the sending state.
(b) While in the receiving state pursuant to a contract under this section, an
individual shall be subject to the sending state's laws and rules relating to length of
confinement, reexaminations, and extensions of confinement. No individual may be sent
to another state pursuant to a contract under this section until the receiving state has
enacted a law recognizing the validity and applicability of this section.
(c) If an individual receiving services pursuant to a contract under this section leaves
the receiving agency without permission and the individual is subject to involuntary
confinement under the law of the sending state, the receiving agency shall use all
reasonable means to return the individual to the receiving agency. The receiving agency
shall immediately report the absence to the sending agency. The receiving state has the
primary responsibility for, and the authority to direct, the return of these individuals
within its borders and is liable for the cost of the action to the extent that it would be
liable for costs of its own resident.
(d) Responsibility for payment for the cost of care remains with the sending agency.
(e) This subdivision also applies to county contracts under subdivision 2 which
include emergency care and treatment provided to a county resident in a bordering state.
Sec. 9.
Minnesota Statutes 2004, section 245.94, subdivision 1, is amended to read:
Subdivision 1.
Powers.
(a) The ombudsman may prescribe the methods by which
complaints to the office are to be made, reviewed, and acted upon. The ombudsman may
not levy a complaint fee.
(b) The ombudsman may mediate or advocate on behalf of a client.
(c) The ombudsman may investigate the quality of services provided to clients and
determine the extent to which quality assurance mechanisms within state and county
government work to promote the health, safety, and welfare of clients, other than clients
in acute care facilities who are receiving services not paid for by public funds.new text begin The
ombudsman office is a health oversight agency as defined in Code of Federal Regulations,
title 45, section 164.501.
new text end
(d) At the request of a client, or upon receiving a complaint or other information
affording reasonable grounds to believe that the rights of a client who is not capable
of requesting assistance have been adversely affected, the ombudsman may gather
information about and analyze, on behalf of the client, the actions of an agency, facility, or
program.
(e) The ombudsman may examine, on behalf of a client, records of an agency,
facility, or program if the records relate to a matter that is within the scope of the
ombudsman's authority. If the records are private and the client is capable of providing
consent, the ombudsman shall first obtain the client's consent. The ombudsman is not
required to obtain consent for access to private data on clients with mental retardation or a
related condition. The ombudsman is not required to obtain consent for access to private
data on decedents who were receiving services for mental illness, mental retardation or a
related condition, or emotional disturbance.
(f) The ombudsman may subpoena a person to appear, give testimony, or produce
documents or other evidence that the ombudsman considers relevant to a matter under
inquiry. new text begin If the subpoena is directed to a government entity governed by chapter 13, the
government entity must respond to the subpoena, notwithstanding Minnesota Rules, part
1205.0100, subpart 5. new text end The ombudsman may petition the deleted text begin appropriatedeleted text end new text begin Ramsey County
Districtnew text end Court to enforce the subpoena. A witness who is at a hearing or is part of an
investigation possesses the same privileges that a witness possesses in the courts or under
the law of this state. Data obtained from a person under this paragraph are private data as
defined in section 13.02, subdivision 12new text begin , or nonpublic data as defined in section 13.02,
subdivision 9new text end .
(g) The ombudsman may, at reasonable times in the course of conducting a review,
enter and view premises within the control of an agency, facility, or program.
(h) The ombudsman may attend Department of Human Services Review Board
and Special Review Board proceedings; proceedings regarding the transfer of patients
or residents, as defined in section 246.50, subdivisions 4 and 4a, between institutions
operated by the Department of Human Services; and, subject to the consent of the affected
client, other proceedings affecting the rights of clients. The ombudsman is not required to
obtain consent to attend meetings or proceedings and have access to private data on clients
with mental retardation or a related condition.
(i) The ombudsman shall have access to data of agencies, facilities, or programs
classified as private or confidential as defined in section 13.02, subdivisions 3 and 12,
regarding services provided to clients with mental retardation or a related condition.
(j) To avoid duplication and preserve evidence, the ombudsman shall inform
relevant licensing or regulatory officials before undertaking a review of an action of
the facility or program.
(k) Sections 245.91 to 245.97 are in addition to other provisions of law under which
any other remedy or right is provided.
new text begin
(l) The ombudsman may classify as confidential the identity of any individual who
has provided data or information, if the individual requests the classification.
new text end
Sec. 10.
Minnesota Statutes 2004, section 245.97, subdivision 6, is amended to read:
Subd. 6.
Terms, compensation, and removal.
The membership terms,
compensation, and removal of members of the committee and the filling of membership
vacancies are governed by section .
Sec. 11.
Minnesota Statutes 2004, section 246.54, subdivision 1, is amended to read:
Subdivision 1.
County portion for cost of care.
Except for chemical dependency
services provided under sections 254B.01 to 254B.09, the client's county shall pay to the
state of Minnesota a portion of the cost of care provided in a regional treatment center
or a state nursing facility to a client legally settled in that county. A county's payment
shall be made from the county's own sources of revenue and payments shall be paid as
follows: payments to the state from the county shall equal 20 percent of the cost of care, as
determined by the commissioner, for each deleted text begin daydeleted text end new text begin of the first 60 daysnew text end , or the portion thereof,
that the client spends at a regional treatment center or a state nursing facility. new text begin After the
first 60 days, the county share is 50 percent. This increase in the county share of payment
shall not apply if the continued placement of the client in the regional treatment center or
state nursing facility is the result of one of the following:
new text end
new text begin
(1) the individual has been admitted for assessment and treatment under a court
order issued under the Rules of Criminal Procedure, parts 20.01 and 20.02; or
new text end
new text begin
(2) there has been medical certification by the head of the center or facility that the
client is in need of continued treatment at a hospital level of care.
new text end
If payments received by the state under sections 246.50 to 246.53 exceed 80 percent
of the cost of carenew text begin for the first 60 days or 50 percent of any additional daysnew text end , the county
shall be responsible for paying the state only the remaining amount. The county shall
not be entitled to reimbursement from the client, the client's estate, or from the client's
relatives, except as provided in section 246.53.deleted text begin No such payments shall be made for any
client who was last committed prior to July 1, 1947.
deleted text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2007.
new text end
Sec. 12.
Minnesota Statutes 2004, section 246.54, is amended by adding a subdivision
to read:
new text begin Subd. 3. new text end
new text begin
Additional exception for community behavioral health hospitals.
new text end
new text begin
Subdivision 1 does not apply to services provided at state-operated community behavioral
health hospitals. For services at these facilities, a county's payment shall be made from
the county's own sources of revenue and payments shall be paid as follows: payments
to the state from the county shall equal 50 percent of the cost of care, as determined
by the commissioner, for each day, or the portion thereof, that the client spends at
the hospital. After the first 60 days, the county share of payment shall not apply if the
continued placement of the client in the community behavioral health hospital is the result
of one of the following:
new text end
new text begin
(1) the individual has been admitted for assessment and treatment under a court
order issued under the Rules of Criminal Procedure, parts 20.01 and 20.02; or
new text end
new text begin
(2) there has been medical certification by the head of the hospital that the client is
in need of continued treatment at a hospital level of care.
new text end
new text begin
If payments received by the state under sections 246.50 to 246.53 exceed 50 percent
of the cost of care, the county shall be responsible for paying the state only the remaining
amount. The county shall not be entitled to reimbursement from the client, the client's
estate, or from the client's relatives, except as provided in section 246.53.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2007.
new text end
Sec. 13.
Minnesota Statutes 2004, section 253B.02, subdivision 2, is amended to read:
Subd. 2.
Chemically dependent person.
"Chemically dependent person" means
any person (a) determined as being incapable of self-management or management of
personal affairs by reason of the habitual and excessive use of alcohol, drugs, or other
mind-altering substances; and (b) whose recent conduct as a result of habitual and
excessive use of alcohol, drugs, or other mind-altering substances poses a substantial
likelihood of physical harm to self or others as demonstrated by (i) a recent attempt or
threat to physically harm self or others, (ii) evidence of recent serious physical problems,
or (iii) a failure to obtain necessary food, clothing, shelter, or medical care. "Chemically
dependent person" also means a pregnant woman who has engaged during the pregnancy
in habitual or excessive use, for a nonmedical purpose, of any of the following controlled
substances or their derivatives: new text begin opium, new text end cocaine, heroin, phencyclidine, methamphetamine,
or amphetamine.
Sec. 14.
new text begin
[254A.20] CHEMICAL USE ASSESSMENTS.
new text end
new text begin Subdivision 1. new text end
new text begin Persons arrested outside of home county. new text end
new text begin
When a chemical use
assessment is required under Minnesota Rules, parts 9530.6600 to 9530.6655, for a person
who is arrested and taken into custody by a peace officer outside of the person's county
of residence, the assessment must be completed by the person's county of residence no
later than three weeks after the assessment is initially requested. If the assessment is
not performed within this time limit, the county where the person is to be sentenced
shall perform the assessment. The county of financial responsibility must be determined
under chapter 256G.
new text end
new text begin Subd. 2. new text end
new text begin Probation officer as contact. new text end
new text begin
When a chemical use assessment is required
under Minnesota Rules, parts 9530.6600 to 9530.6655, for a person who is on probation
or under other correctional supervision, the assessor, either orally or in writing, shall
contact the person's probation officer to verify or supplement the information provided
by the person.
new text end
new text begin Subd. 3. new text end
new text begin Financial conflicts of interest. new text end
new text begin
(a) Except as provided in paragraph (b), an
assessor conducting a chemical use assessment under Minnesota Rules, parts 9530.6600
to 9530.6655, may not have any direct or shared financial interest or referral relationship
resulting in shared financial gain with a treatment provider.
new text end
new text begin
(b) A county may contract with an assessor having a conflict described in paragraph
(a) if the county documents that:
new text end
new text begin
(1) the assessor is employed by a culturally specific service provider or a service
provider with a program designed to treat individuals of a specific age, sex, or sexual
preference; or
new text end
new text begin
(2) the county does not employ a sufficient number of qualified assessors and the
only qualified assessors available in the county have a direct or shared financial interest or
a referral relationship resulting in shared financial gain with a treatment provider.
new text end
new text begin
An assessor under this paragraph may not place clients in treatment. The assessor
shall gather required information and provide it to the county along with any required
documentation. The county shall make all placement decisions for clients assessed by
assessors under this paragraph.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006, except for subdivision
3, which is effective July 1, 2008.
new text end
Sec. 15.
new text begin
[254A.25] DUTIES OF COMMISSIONER RELATED TO CHEMICAL
HEALTH.
new text end
new text begin
The commissioner shall:
new text end
new text begin
(1) develop a directory that identifies key characteristics of each licensed chemical
dependency treatment program; and
new text end
new text begin
(2) post copies of state licensing reviews at an online location where they may be
reviewed by agencies that make client placements.
new text end
Sec. 16.
Minnesota Statutes 2004, section 256B.0625, subdivision 20, is amended to
read:
Subd. 20.
Mental health case management.
(a) To the extent authorized by rule
of the state agency, medical assistance covers case management services to persons with
serious and persistent mental illness and children with severe emotional disturbance.
Services provided under this section must meet the relevant standards in sections 245.461
to 245.4887, the Comprehensive Adult and Children's Mental Health Acts, Minnesota
Rules, parts 9520.0900 to 9520.0926, and 9505.0322, excluding subpart 10.
(b) Entities meeting program standards set out in rules governing family community
support services as defined in section 245.4871, subdivision 17, are eligible for medical
assistance reimbursement for case management services for children with severe
emotional disturbance when these services meet the program standards in Minnesota
Rules, parts 9520.0900 to 9520.0926 and 9505.0322, excluding subparts 6 and 10.
(c) Medical assistance and MinnesotaCare payment for mental health case
management shall be made on a monthly basis. In order to receive payment for an eligible
child, the provider must document at least a face-to-face contact with the child, the child's
parents, or the child's legal representative. To receive payment for an eligible adult, the
provider must document:
(1) at least a face-to-face contact with the adult or the adult's legal representative; or
(2) at least a telephone contact with the adult or the adult's legal representative and
document a face-to-face contact with the adult or the adult's legal representative within
the preceding two months.
(d) Payment for mental health case management provided by county or state staff
shall be based on the monthly rate methodology under section 256B.094, subdivision 6,
paragraph (b), with separate rates calculated for child welfare and mental health, and
within mental health, separate rates for children and adults.
(e) Payment for mental health case management provided by Indian health services
or by agencies operated by Indian tribes may be made according to this section or other
relevant federally approved rate setting methodology.
(f) Payment for mental health case management provided by vendors who contract
with a county or Indian tribe shall be based on a monthly rate negotiated by the host county
or tribe. The negotiated rate must not exceed the rate charged by the vendor for the same
service to other payers. If the service is provided by a team of contracted vendors, the
county or tribe may negotiate a team rate with a vendor who is a member of the team. The
team shall determine how to distribute the rate among its members. No reimbursement
received by contracted vendors shall be returned to the county or tribe, except to reimburse
the county or tribe for advance funding provided by the county or tribe to the vendor.
(g) If the service is provided by a team which includes contracted vendors, tribal
staff, and county or state staff, the costs for county or state staff participation in the team
shall be included in the rate for county-provided services. In this case, the contracted
vendor, the tribal agency, and the county may each receive separate payment for services
provided by each entity in the same month. In order to prevent duplication of services,
each entity must document, in the recipient's file, the need for team case management and
a description of the roles of the team members.
deleted text begin
(h) The commissioner shall calculate the nonfederal share of actual medical
assistance and general assistance medical care payments for each county, based on the
higher of calendar year 1995 or 1996, by service date, project that amount forward to 1999,
and transfer one-half of the result from medical assistance and general assistance medical
care to each county's mental health grants under section 256E.12 for calendar year 1999.
The annualized minimum amount added to each county's mental health grant shall be
$3,000 per year for children and $5,000 per year for adults. The commissioner may reduce
the statewide growth factor in order to fund these minimums. The annualized total amount
transferred shall become part of the base for future mental health grants for each county.
deleted text end
deleted text begin
(i) Any net increase in revenue to the county or tribe as a result of the change in this
section must be used to provide expanded mental health services as defined in sections
245.461 to 245.4887, the Comprehensive Adult and Children's Mental Health Acts,
excluding inpatient and residential treatment. For adults, increased revenue may also be
used for services and consumer supports which are part of adult mental health projects
approved under Laws 1997, chapter 203, article 7, section 25. For children, increased
revenue may also be used for respite care and nonresidential individualized rehabilitation
services as defined in section 245.492, subdivisions 17 and 23. "Increased revenue" has
the meaning given in Minnesota Rules, part 9520.0903, subpart 3.
deleted text end
deleted text begin (j)deleted text end new text begin (h) new text end Notwithstanding section 256B.19, subdivision 1, the nonfederal share of
costs for mental health case management shall be provided by the recipient's county of
responsibility, as defined in sections 256G.01 to 256G.12, from sources other than federal
funds or funds used to match other federal funds. If the service is provided by a tribal
agency, the nonfederal share, if any, shall be provided by the recipient's tribe. new text begin When this
service is paid by the state without a federal share through fee-for-service, 50 percent of
the cost shall be provided by the recipient's county of responsibility.
new text end
new text begin
(i) Notwithstanding Minnesota Rules to the contrary, prepaid medical assistance,
general assistance medical care, and MinnesotaCare include mental health case
management. When the service is provided through prepaid capitation, the nonfederal
share is paid by the state and there is no county share.
new text end
deleted text begin (k)deleted text end new text begin (j)new text end The commissioner may suspend, reduce, or terminate the reimbursement to a
provider that does not meet the reporting or other requirements of this section. The county
of responsibility, as defined in sections 256G.01 to 256G.12, or, if applicable, the tribal
agency, is responsible for any federal disallowances. The county or tribe may share this
responsibility with its contracted vendors.
deleted text begin (l)deleted text end new text begin (k)new text end The commissioner shall set aside a portion of the federal funds earned new text begin for
county expenditures new text end under this section to repay the special revenue maximization account
under section 256.01, subdivision 2, clause (15). The repayment is limited to:
(1) the costs of developing and implementing this section; and
(2) programming the information systems.
deleted text begin (m)deleted text end new text begin (l)new text end Payments to counties and tribal agencies for case management expenditures
under this section shall only be made from federal earnings from services provided
under this section. new text begin When this service is paid by the state without a federal share through
fee-for-service, 50 percent of the cost shall be provided by the state. new text end Payments to
county-contracted vendors shall include deleted text begin bothdeleted text end the federal earningsnew text begin , the state share,new text end and the
county share.
deleted text begin (n) Notwithstanding section 256B.041, county payments for the cost of mental
health case management services provided by county or state staff shall not be made
to the commissioner of finance. For the purposes of mental health case management
services provided by county or state staff under this section, the centralized disbursement
of payments to counties under section 256B.041 consists only of federal earnings from
services provided under this section.deleted text end
deleted text begin (o)deleted text end new text begin (m)new text end Case management services under this subdivision do not include therapy,
treatment, legal, or outreach services.
deleted text begin (p)deleted text end new text begin (n)new text end If the recipient is a resident of a nursing facility, intermediate care facility,
or hospital, and the recipient's institutional care is paid by medical assistance, payment
for case management services under this subdivision is limited to the last 180 days of
the recipient's residency in that facility and may not exceed more than six months in a
calendar year.
deleted text begin (q)deleted text end new text begin (o)new text end Payment for case management services under this subdivision shall not
duplicate payments made under other program authorities for the same purpose.
deleted text begin
(r) By July 1, 2000, the commissioner shall evaluate the effectiveness of the changes
required by this section, including changes in number of persons receiving mental health
case management, changes in hours of service per person, and changes in caseload size.
deleted text end
deleted text begin
(s) For each calendar year beginning with the calendar year 2001, the annualized
amount of state funds for each county determined under paragraph (h) shall be adjusted by
the county's percentage change in the average number of clients per month who received
case management under this section during the fiscal year that ended six months prior to
the calendar year in question, in comparison to the prior fiscal year.
deleted text end
deleted text begin
(t) For counties receiving the minimum allocation of $3,000 or $5,000 described
in paragraph (h), the adjustment in paragraph (s) shall be determined so that the county
receives the higher of the following amounts:
deleted text end
deleted text begin
(1) a continuation of the minimum allocation in paragraph (h); or
deleted text end
deleted text begin
(2) an amount based on that county's average number of clients per month who
received case management under this section during the fiscal year that ended six months
prior to the calendar year in question, times the average statewide grant per person per
month for counties not receiving the minimum allocation.
deleted text end
deleted text begin
(u) The adjustments in paragraphs (s) and (t) shall be calculated separately for
children and adults.
deleted text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2008.
new text end
Sec. 17.
Minnesota Statutes 2004, section 256B.0625, subdivision 28, is amended to
read:
Subd. 28.
Certified nurse practitioner services.
Medical assistance covers
services performed by a certified pediatric nurse practitioner, a certified family nurse
practitioner, a certified adult nurse practitioner, a certified obstetric/gynecological
nurse practitioner, a certified neonatal nurse practitioner, deleted text begin ordeleted text end a certified geriatric nurse
practitionernew text begin , a clinical nurse specialist in mental health, or a certified psychiatric nurse
practitionernew text end in independent practice, if:
(1) the service provided on an inpatient basis is not included as part of the cost for
inpatient services included in the operating payment rate;
(2) the service is otherwise covered under this chapter as a physician service; and
(3) the service is within the scope of practice of the nurse practitioner's license as a
registered nurse, as defined in section 148.171.
Sec. 18.
Minnesota Statutes 2004, section 256B.0945, subdivision 1, is amended to
read:
Subdivision 1.
Provider qualifications.
Counties must arrange to provide
residential services for children with severe emotional disturbance according to sections
245.4882, 245.4885, and this section. Services must be provided by a facility that is
licensed according to section 245.4882 and administrative rules promulgated thereunder,
and under contract with the county. deleted text begin Facilities providing services under subdivision 2,
paragraph (a), must be accredited as a psychiatric facility by the Joint Commission
on Accreditation of Healthcare Organizations, the Commission on Accreditation of
Rehabilitation Facilities, or the Council on Accreditation. Accreditation is not required for
facilities providing services under subdivision 2, paragraph (b).deleted text end
Sec. 19.
Minnesota Statutes 2004, section 256B.0945, subdivision 4, is amended to
read:
Subd. 4.
Payment rates.
(a) Notwithstanding sections 256B.19 and 256B.041,
payments to counties for residential services provided by a residential facility shall only
be made of federal earnings for services provided under this section, and the nonfederal
share of costs for services provided under this section shall be paid by the county from
sources other than federal funds or funds used to match other federal funds. Payment to
counties for services provided according to this section shall be a proportion of the per
day contract rate that relates to rehabilitative mental health services and shall not include
payment for costs or services that are billed to the IV-E program as room and board.
(b) new text begin Per diem rates paid to providers under this section by prepaid plans shall be the
proportion of the per day contract rate that relates to rehabilitative mental health services
and shall not include payment for costs or services that are billed to the IV-E program
as room and board.
new text end
new text begin (c) new text end The commissioner shall set aside a portion not to exceed five percent of the
federal funds earned new text begin for county expenditures new text end under this section to cover the state costs of
administering this section. Any unexpended funds from the set-aside shall be distributed
to the counties in proportion to their earnings under this section.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2008.
new text end
Sec. 20.
Minnesota Statutes 2005 Supplement, section 256B.0946, subdivision 1,
is amended to read:
Subdivision 1.
Covered service.
(a) Effective July 1, 2006, and subject to federal
approval, medical assistance covers medically necessary services described under
paragraph (b) that are provided by a provider entity eligible under subdivision 3 to a client
eligible under subdivision 2 who is placed in a treatment foster home licensed under
Minnesota Rules, parts 2960.3000 to 2960.3340.
(b) Services to children with severe emotional disturbance residing in treatment
foster care settings must meet the relevant standards for mental health services under
sections 245.487 to 245.4887. In addition, specific service components reimbursed by
medical assistance must meet the following standards:
(1) case management service component must meet the standards in Minnesota
Rules, parts 9520.0900 to 9520.0926 and 9505.0322, excluding subparts 6 and 10;
(2) psychotherapynew text begin , crisis assistance,new text end and skills training components must meet the
standards for children's therapeutic services and supports in section 256B.0943; and
(3) family psychoeducation services under supervision of a mental health
professional.
Sec. 21.
Minnesota Statutes 2004, section 256B.69, subdivision 5g, is amended to read:
Subd. 5g.
Payment for covered services.
For services rendered on or after January
1, 2003, the total payment made to managed care plans for providing covered services
under the medical assistance and general assistance medical care programs is reduced by
.5 percent from their current statutory rates. This provision excludes payments for nursing
home services, home and community-based waivers, deleted text begin anddeleted text end payments to demonstration
projects for persons with disabilitiesnew text begin , and mental health services added as covered benefits
after December 31, 2006new text end .
Sec. 22.
Minnesota Statutes 2004, section 256B.69, subdivision 5h, is amended to read:
Subd. 5h.
Payment reduction.
In addition to the reduction in subdivision 5g,
the total payment made to managed care plans under the medical assistance program is
reduced 1.0 percent for services provided on or after October 1, 2003, and an additional
1.0 percent for services provided on or after January 1, 2004. This provision excludes
payments for nursing home services, home and community-based waivers, deleted text begin anddeleted text end payments
to demonstration projects for persons with disabilitiesnew text begin , and mental health services added as
covered benefits after December 31, 2006new text end .
Sec. 23.
new text begin
[256B.763] CRITICAL ACCESS MENTAL HEALTH RATE INCREASE.
new text end
new text begin
(a) For services defined in paragraph (b) and rendered on or after July 1, 2007,
payment rates shall be increased by 23.7 percent over the rates in effect on January 1,
2006, for:
new text end
new text begin
(1) psychiatrists and advanced practice registered nurses with a psychiatric specialty;
new text end
new text begin
(2) community mental health centers under section 256B.0625, subdivision 5; and
new text end
new text begin
(3) mental health clinics and centers certified under Minnesota Rules, parts
9520.0750 to 9520.0870, or hospital outpatient psychiatric departments that are designated
as essential community providers under section 62Q.19.
new text end
new text begin
(b) This increase applies to group skills training when provided as a component of
children's therapeutic services and support, psychotherapy, medication management,
evaluation and management, diagnostic assessment, explanation of findings, psychological
testing, neuropsychological services, direction of behavioral aides, and inpatient
consultation.
new text end
new text begin
(c) This increase does not apply to rates that are governed by section 256B.0625,
subdivision 30, or 256B.761, paragraph (b), other cost-based rates, rates that are
negotiated with the county, rates that are established by the federal government, or rates
that increased between January 1, 2004, and January 1, 2005.
new text end
new text begin
(d) The commissioner shall adjust rates paid to prepaid health plans under contract
with the commissioner to reflect the rate increases provided in paragraph (a). The prepaid
health plan must pass this rate increase to the providers identified in paragraph (a).
new text end
Sec. 24.
Minnesota Statutes 2005 Supplement, section 256D.03, subdivision 4, is
amended to read:
Subd. 4.
General assistance medical care; services.
(a) (i) For a person who is
eligible under subdivision 3, paragraph (a), clause (2), item (i), general assistance medical
care covers, except as provided in paragraph (c):
(1) inpatient hospital services;
(2) outpatient hospital services;
(3) services provided by Medicare certified rehabilitation agencies;
(4) prescription drugs and other products recommended through the process
established in section 256B.0625, subdivision 13;
(5) equipment necessary to administer insulin and diagnostic supplies and equipment
for diabetics to monitor blood sugar level;
(6) eyeglasses and eye examinations provided by a physician or optometrist;
(7) hearing aids;
(8) prosthetic devices;
(9) laboratory and X-ray services;
(10) physician's services;
(11) medical transportation except special transportation;
(12) chiropractic services as covered under the medical assistance program;
(13) podiatric services;
(14) dental services as covered under the medical assistance program;
(15) deleted text begin outpatient services provided by a mental health center or clinic that is under
contract with the county board and is established under section 245.62deleted text end new text begin mental health
services covered under chapter 256Bnew text end ;
deleted text begin
(16) day treatment services for mental illness provided under contract with the
county board;
deleted text end
deleted text begin (17)deleted text end new text begin (16) new text end prescribed medications for persons who have been diagnosed as mentally
ill as necessary to prevent more restrictive institutionalization;
deleted text begin (18) psychological services,deleted text end new text begin (17) new text end medical supplies and equipment, and Medicare
premiums, coinsurance and deductible payments;
deleted text begin (19)deleted text end new text begin (18)new text end medical equipment not specifically listed in this paragraph when the use
of the equipment will prevent the need for costlier services that are reimbursable under
this subdivision;
deleted text begin (20)deleted text end new text begin (19)new text end services performed by a certified pediatric nurse practitioner, a
certified family nurse practitioner, a certified adult nurse practitioner, a certified
obstetric/gynecological nurse practitioner, a certified neonatal nurse practitioner, or a
certified geriatric nurse practitioner in independent practice, if (1) the service is otherwise
covered under this chapter as a physician service, (2) the service provided on an inpatient
basis is not included as part of the cost for inpatient services included in the operating
payment rate, and (3) the service is within the scope of practice of the nurse practitioner's
license as a registered nurse, as defined in section 148.171;
deleted text begin (21)deleted text end new text begin (20)new text end services of a certified public health nurse or a registered nurse practicing
in a public health nursing clinic that is a department of, or that operates under the direct
authority of, a unit of government, if the service is within the scope of practice of the
public health nurse's license as a registered nurse, as defined in section 148.171;new text begin and
new text end
deleted text begin (22)deleted text end new text begin (21)new text end telemedicine consultations, to the extent they are covered under section
256B.0625, subdivision 3bdeleted text begin ; anddeleted text end new text begin .
new text end
deleted text begin
(23) mental health telemedicine and psychiatric consultation as covered under
section 256B.0625, subdivisions 46 and 48.
deleted text end
(ii) Effective October 1, 2003, for a person who is eligible under subdivision 3,
paragraph (a), clause (2), item (ii), general assistance medical care coverage is limited
to inpatient hospital services, including physician services provided during the inpatient
hospital stay. A $1,000 deductible is required for each inpatient hospitalization.
(b) Effective August 1, 2005, sex reassignment surgery is not covered under this
subdivision.
(c) In order to contain costs, the commissioner of human services shall select
vendors of medical care who can provide the most economical care consistent with high
medical standards and shall where possible contract with organizations on a prepaid
capitation basis to provide these services. The commissioner shall consider proposals by
counties and vendors for prepaid health plans, competitive bidding programs, block grants,
or other vendor payment mechanisms designed to provide services in an economical
manner or to control utilization, with safeguards to ensure that necessary services are
provided. Before implementing prepaid programs in counties with a county operated or
affiliated public teaching hospital or a hospital or clinic operated by the University of
Minnesota, the commissioner shall consider the risks the prepaid program creates for the
hospital and allow the county or hospital the opportunity to participate in the program in a
manner that reflects the risk of adverse selection and the nature of the patients served by
the hospital, provided the terms of participation in the program are competitive with the
terms of other participants considering the nature of the population served. Payment for
services provided pursuant to this subdivision shall be as provided to medical assistance
vendors of these services under sections 256B.02, subdivision 8, and 256B.0625. For
payments made during fiscal year 1990 and later years, the commissioner shall consult
with an independent actuary in establishing prepayment rates, but shall retain final control
over the rate methodology.
(d) Recipients eligible under subdivision 3, paragraph (a), shall pay the following
co-payments for services provided on or after October 1, 2003:
(1) $25 for eyeglasses;
(2) $25 for nonemergency visits to a hospital-based emergency room;
(3) $3 per brand-name drug prescription and $1 per generic drug prescription,
subject to a $12 per month maximum for prescription drug co-payments. No co-payments
shall apply to antipsychotic drugs when used for the treatment of mental illness; and
(4) 50 percent coinsurance on restorative dental services.
(e) Co-payments shall be limited to one per day per provider for nonpreventive visits,
eyeglasses, and nonemergency visits to a hospital-based emergency room. Recipients of
general assistance medical care are responsible for all co-payments in this subdivision.
The general assistance medical care reimbursement to the provider shall be reduced by
the amount of the co-payment, except that reimbursement for prescription drugs shall not
be reduced once a recipient has reached the $12 per month maximum for prescription
drug co-payments. The provider collects the co-payment from the recipient. Providers
may not deny services to recipients who are unable to pay the co-payment, except as
provided in paragraph (f).
(f) If it is the routine business practice of a provider to refuse service to an individual
with uncollected debt, the provider may include uncollected co-payments under this
section. A provider must give advance notice to a recipient with uncollected debt before
services can be denied.
(g) Any county may, from its own resources, provide medical payments for which
state payments are not made.
(h) Chemical dependency services that are reimbursed under chapter 254B must not
be reimbursed under general assistance medical care.
(i) The maximum payment for new vendors enrolled in the general assistance
medical care program after the base year shall be determined from the average usual and
customary charge of the same vendor type enrolled in the base year.
(j) The conditions of payment for services under this subdivision are the same as the
conditions specified in rules adopted under chapter 256B governing the medical assistance
program, unless otherwise provided by statute or rule.
(k) Inpatient and outpatient payments shall be reduced by five percent, effective July
1, 2003. This reduction is in addition to the five percent reduction effective July 1, 2003,
and incorporated by reference in paragraph (i).
(l) Payments for all other health services except inpatient, outpatient, and pharmacy
services shall be reduced by five percent, effective July 1, 2003.
(m) Payments to managed care plans shall be reduced by five percent for services
provided on or after October 1, 2003.
(n) A hospital receiving a reduced payment as a result of this section may apply the
unpaid balance toward satisfaction of the hospital's bad debts.
(o) Fee-for-service payments for nonpreventive visits shall be reduced by $3
for services provided on or after January 1, 2006. For purposes of this subdivision, a
visit means an episode of service which is required because of a recipient's symptoms,
diagnosis, or established illness, and which is delivered in an ambulatory setting by
a physician or physician ancillary, chiropractor, podiatrist, advance practice nurse,
audiologist, optician, or optometrist.
(p) Payments to managed care plans shall not be increased as a result of the removal
of the $3 nonpreventive visit co-payment effective January 1, 2006.
new text begin
(q) Payments for mental health services added as covered benefits after December
31, 2006, are not subject to the reductions in paragraphs (i), (k), (l), and (m).
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2007, except mental
health case management under paragraph (a)(i)(15) is effective January 1, 2008.
new text end
Sec. 25.
Minnesota Statutes 2005 Supplement, section 256L.03, subdivision 1, is
amended to read:
Subdivision 1.
Covered health services.
For individuals under section 256L.04,
subdivision 7, with income no greater than 75 percent of the federal poverty guidelines
or for families with children under section 256L.04, subdivision 1, all subdivisions of
this section apply. "Covered health services" means the health services reimbursed
under chapter 256B, with the exception of inpatient hospital services, special education
services, private duty nursing services, adult dental care services other than services
covered under section 256B.0625, subdivision 9, orthodontic services, nonemergency
medical transportation services, personal care assistant and case management services,
nursing home or intermediate care facilities services, inpatient mental health services,
and chemical dependency services. deleted text begin Outpatient mental health services covered under the
MinnesotaCare program are limited to diagnostic assessments, psychological testing,
explanation of findings, mental health telemedicine, psychiatric consultation, medication
management by a physician, day treatment, partial hospitalization, and individual, family,
and group psychotherapy.
deleted text end
No public funds shall be used for coverage of abortion under MinnesotaCare
except where the life of the female would be endangered or substantial and irreversible
impairment of a major bodily function would result if the fetus were carried to term; or
where the pregnancy is the result of rape or incest.
Covered health services shall be expanded as provided in this section.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2007, except mental
health case management under subdivision 1 is effective January 1, 2008.
new text end
Sec. 26.
Minnesota Statutes 2005 Supplement, section 256L.035, is amended to read:
256L.035 LIMITED BENEFITS COVERAGE FOR CERTAIN SINGLE
ADULTS AND HOUSEHOLDS WITHOUT CHILDREN.
(a) "Covered health services" for individuals under section 256L.04, subdivision
7, with income above 75 percent, but not exceeding 175 percent, of the federal poverty
guideline means:
(1) inpatient hospitalization benefits with a ten percent co-payment up to $1,000 and
subject to an annual limitation of $10,000;
(2) physician services provided during an inpatient stay; and
(3) physician services not provided during an inpatient stay; outpatient hospital
services; freestanding ambulatory surgical center services; chiropractic services; lab and
diagnostic services; diabetic supplies and equipment;new text begin mental health services as covered
under chapter 256B;new text end and prescription drugs; subject to the following co-payments:
(i) $50 co-pay per emergency room visit;
(ii) $3 co-pay per prescription drug; and
(iii) $5 co-pay per nonpreventive visit.
The services covered under this section may be provided by a physician, physician
ancillary, chiropractor, psychologist, deleted text begin ordeleted text end licensed independent clinical social workernew text begin , or
other mental health providers covered under chapter 256Bnew text end if the services are within the
scope of practice of that health care professional.
For purposes of this section, "a visit" means an episode of service which is required
because of a recipient's symptoms, diagnosis, or established illness, and which is delivered
in an ambulatory setting by any health care provider identified in this paragraph.
Enrollees are responsible for all co-payments in this section.
(b) Reimbursement to the providers shall be reduced by the amount of the
co-payment, except that reimbursement for prescription drugs shall not be reduced once a
recipient has reached the $20 per month maximum for prescription drug co-payments.
The provider collects the co-payment from the recipient. Providers may not deny services
to recipients who are unable to pay the co-payment, except as provided in paragraph (c).
(c) If it is the routine business practice of a provider to refuse service to an individual
with uncollected debt, the provider may include uncollected co-payments under this
section. A provider must give advance notice to a recipient with uncollected debt before
services can be denied.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2007, except mental
health case management under paragraph (a), clause (3), is effective January 1, 2008.
new text end
Sec. 27.
Minnesota Statutes 2004, section 256L.12, subdivision 9a, is amended to read:
Subd. 9a.
Rate setting; ratable reduction.
For services rendered on or after
October 1, 2003, the total payment made to managed care plans under the MinnesotaCare
program is reduced 1.0 percent.new text begin This provision excludes payments for mental health
services added as covered benefits after December 31, 2006.
new text end
Sec. 28. new text begin MENTAL HEALTH PILOT PROGRAM FOR UNSHELTERED
INDIVIDUALS.
new text end
new text begin Subdivision 1. new text end
new text begin Pilot project program components. new text end
new text begin
The commissioner of human
services shall establish two pilot projects, one in Ramsey County and one in Hennepin
County, which shall:
new text end
new text begin
(1) operate two ten-bed facilities in separate locations;
new text end
new text begin
(2) provide community support to individuals who have been living homeless for at
least one year;
new text end
new text begin
(3) provide 24-hour supervision; and
new text end
new text begin
(4) provide on-site mental health services which focus on the mental health needs of
individuals who have lived unsheltered.
new text end
new text begin Subd. 2. new text end
new text begin Group residential housing. new text end
new text begin
Notwithstanding Minnesota Statutes, section
256I.05, subdivisions 1a and 1c, a county agency shall negotiate a supplementary rate in
addition to the rate specified in Minnesota Statutes, section 256I.05, subdivision 1, not to
exceed $700 per month, including any legislatively authorized inflationary adjustments for
a group residential program that meets the components under subdivision 1, and for the
independent living component of the program under subdivision 3.
new text end
new text begin Subd. 3. new text end
new text begin Independent living. new text end
new text begin
An individual who has lived in one of the facilities
under subdivision 1, and who is being transitioned to independent living as part of the
program plan, continues to be eligible for group residential housing and the supplementary
service rate negotiated with the county under subdivision 2.
new text end
new text begin Subd. 4. new text end
new text begin Effective date. new text end
new text begin
This section is effective July 1, 2006, through June 30,
2008.
new text end
Sec. 29. new text begin RECOMMENDATIONS ON CHANGING THE CONSOLIDATED
CHEMICAL DEPENDENCY TREATMENT FUND.
new text end
new text begin
The commissioner shall report to the legislature by January 15, 2007, on
recommendations which analyze the merits of changing the statutory maintenance of
effort provisions in the chemical dependency treatment fund.
new text end
Sec. 30. new text begin PLAN FOR IMPROVING COMMUNITY-BASED SUBSTANCE
ABUSE TREATMENT AND OTHER ISSUES RELATED TO IMPROVING
CHEMICAL HEALTH.
new text end
new text begin
(a) The commissioner of human services shall present a plan to the senate and
house of representatives committees having jurisdiction over substance abuse treatment
issues by January 15, 2007, for improving the availability of community-based substance
abuse treatment.
new text end
new text begin
(b) The commissioner of human services shall also report back to the senate and
house of representatives committees having jurisdiction over substance abuse treatment
issues by January 15, 2007, on the merits, feasibility, and cost of:
new text end
new text begin
(1) posting treatment program peer reviews at an online location where they can be
viewed by agencies that make client placements;
new text end
new text begin
(2) annually distributing information to chemical health assessors on best practices
in assessments, including model instruments for adults and adolescents;
new text end
new text begin
(3) monitoring the compliance of local agencies with assessment and referral rules;
new text end
new text begin
(4) working with the commissioner of health to develop guidelines and training
materials for health care organizations on the use of brief interventions for alcohol abuse;
new text end
new text begin
(5) providing local agencies with examples of best practices for addressing needs of
persons being considered for repeat placements into publicly funded treatment;
new text end
new text begin
(6) identifying best practices to help local agencies monitor the progress of clients
placed in treatment; and
new text end
new text begin
(7) periodically providing local agencies with statewide information on treatment
outcomes.
new text end
Sec. 31. new text begin REVISOR'S INSTRUCTION.
new text end
new text begin
In the next edition of Minnesota Statutes, the revisor of statutes shall change the
reference to sections 245.487 to 245.4887, the Children's Mental Health Act, wherever it
appears in statutes or rules to sections 245.487 to 245.4889.
new text end
Sec. 32. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2004, sections 245.465, subdivision 2; 256B.0945, subdivisions
5, 6, 7, 8, and 9; and 256B.83,
new text end
new text begin
are repealed.
new text end
ARTICLE 26
HEALTH AND HUMAN SERVICES APPROPRIATIONS
Section 1. new text begin HEALTH AND HUMAN SERVICES APPROPRIATIONS.
|
new text begin
The sums shown in the columns marked "APPROPRIATIONS" are added to or, if
shown in parentheses, subtracted from the appropriations in Laws 2005, First Special
Session chapter 4, article 9, or other law to the agencies and for the purposes specified
in this article. The appropriations are from the general fund or another named fund and
are available for the fiscal years indicated for each purpose. The figures "2006" and
"2007" used in this article mean that the addition to or subtraction from the appropriation
listed under them is available for the fiscal year ending June 30, 2006, or June 30,
2007, respectively. "The first year" is fiscal year 2006. "The second year" is fiscal year
2007. "The biennium" is fiscal years 2006 and 2007. Supplementary appropriations and
reductions to appropriations for the fiscal year ending June 30, 2006, are effective the
day following final enactment.
new text end
|
new text begin
SUMMARY BY FUND new text end |
||||||
|
new text begin
2006 new text end |
new text begin
2007 new text end |
new text begin
TOTAL new text end |
||||
|
new text begin
General new text end |
new text begin
$ new text end |
new text begin
26,673,000 new text end |
new text begin
$ new text end |
new text begin
66,463,000 new text end |
new text begin
$ new text end |
new text begin
93,136,000 new text end |
|
new text begin
Health Care Access new text end |
new text begin
-0- new text end |
new text begin
38,881,000 new text end |
new text begin
38,881,000 new text end |
|||
|
new text begin
Special Revenue new text end |
new text begin
514,000 new text end |
new text begin
762,000 new text end |
new text begin
1,276,000 new text end |
|||
|
new text begin
Federal TANF new text end |
new text begin
7,484,000 new text end |
new text begin
11,748,000 new text end |
new text begin
19,232,000 new text end |
|||
|
new text begin
TOTAL new text end |
new text begin
$ new text end |
new text begin
34,671,000 new text end |
new text begin
$ new text end |
new text begin
117,854,000 new text end |
new text begin
$ new text end |
new text begin
152,525,000 new text end |
|
new text begin
APPROPRIATIONS new text end |
||||||
|
new text begin
Available for the Year new text end |
||||||
|
new text begin
Ending June 30 new text end |
||||||
|
new text begin
2006 new text end |
new text begin
2007 new text end |
|||||
Sec. 2. new text begin COMMISSIONER OF HUMAN
|
||||||
new text begin Subdivision 1. new text end
new text begin
Total Appropriation
|
new text begin
$ new text end |
new text begin
31,709,000 new text end |
new text begin
$ new text end |
new text begin
100,608,000 new text end |
||
|
new text begin
Summary by Fund new text end |
||
|
new text begin
General new text end |
new text begin
24,225,000 new text end |
new text begin
59,393,000 new text end |
|
new text begin
Health Care Access new text end |
new text begin
-0- new text end |
new text begin
29,467,000 new text end |
|
new text begin
TANF new text end |
new text begin
7,484,000 new text end |
new text begin
11,748,000 new text end |
new text begin
SPECIAL REVENUE FUND
TRANSFER. Notwithstanding any law to
the contrary, excluding accounts authorized
under Minnesota Statutes, section 16A.1286,
and Minnesota Statutes, chapter 245B, the
commissioner shall transfer $900,000 in
fiscal year 2007 of uncommitted special
revenue fund balances to the general fund.
The actual transfers shall be identified within
the standard information provided to the
chairs of the legislative committees with
jurisdiction over health and human services
issues in December 2006.
new text end
new text begin
TANF MAINTENANCE OF EFFORT.
Notwithstanding Laws 2005, First Special
Session chapter 4, article 9, section 2,
subdivision 1, the commissioner shall ensure
that for fiscal year 2007, the maintenance of
effort used by the commissioner of finance
for the February and November forecasts
required under Minnesota Statutes, section
16A.103, contains expenditures under the
TANF/MOE rider, paragraph (a), clause (1),
in Laws 2005, First Special Session chapter
4, article 9, section 2, subdivision 1, equal to
at least 21 percent of the total required under
Code of Federal Regulations, title 45, section
263.1.
new text end
new text begin
INCREASED WORKING FAMILY
CREDIT EXPENDITURES TO BE
CLAIMED FOR TANF MAINTENANCE
OF EFFORT. In addition to the amounts
provided in Laws 2005, First Special
Session chapter 4, article 9, section 2,
subdivision 1, the commissioner may count
the following amounts of working family
credit expenditure as TANF maintenance of
effort:
new text end
new text begin
(1) fiscal year 2006, $9,858,000;
new text end
new text begin
(2) fiscal year 2007, $10,936,000;
new text end
new text begin
(3) fiscal year 2008, $42,495,000; and
new text end
new text begin
(4) fiscal year 2009, $42,502,000.
new text end
new text begin
Notwithstanding any contrary provision in
this article, this paragraph shall expire on
June 30, 2009.
new text end
new text begin
CHILD CARE AND DEVELOPMENT
FUND; FEDERAL DEFICIT
REDUCTION ACT OF 2005. Increased
child care funds from the federal Deficit
Reduction Act of 2005 may be allocated by
the commissioner for the basic sliding fee
child care program.
new text end
new text begin Subd. 2. new text end
new text begin
Children and Economic Assistance
|
||||||
|
new text begin
Summary by Fund new text end |
||
|
new text begin
General Fund new text end |
new text begin
(7,854,000) new text end |
new text begin
9,433,000 new text end |
|
new text begin
Federal TANF new text end |
new text begin
7,484,000 new text end |
new text begin
11,456,000 new text end |
|
new text begin
(a) MFIP/DWP Grants new text end |
||||||
|
new text begin
General new text end |
new text begin
(7,484,000) new text end |
new text begin
7,484,000 new text end |
|
new text begin
Federal TANF new text end |
new text begin
7,484,000 new text end |
new text begin
(4,803,000) new text end |
|
new text begin
(b) MFIP Child Care Grants new text end |
||||||
|
new text begin
TANF new text end |
new text begin
-0- new text end |
new text begin
16,119,000 new text end |
|
new text begin
(c) Children's Services Grants new text end |
new text begin
-0- new text end |
new text begin
2,223,000 new text end |
||||
new text begin
PROVIDER RATE FREEZE
ELIMINATION. Of the TANF fund
appropriation, $15,888,000 in fiscal year
2007 is to eliminate the provider rate freeze
in Minnesota Statutes, section 119B.13,
subdivision 1; provide an accreditation
incentive under Minnesota Statutes,
section 119B.13, subdivision 3a; repeal the
limitations on payments for absent days
in Minnesota Statutes, section 119B.13,
subdivision 7; and reduce co-payments.
Effective July 1, 2007, these costs shall be
paid from the general fund. Notwithstanding
any section in this article to the contrary, this
paragraph shall not expire.
new text end
new text begin
SUBSIDIZED HOUSING PENALTY
REPORT. By February 15, 2007, the
commissioner shall report to the legislature
on the results of suspending the $50
MFIP subsidized housing penalty and with
recommendations on funding sources to
continue this suspension after June 30, 2007.
new text end
new text begin
CHILDREN'S SERVICES GRANTS
BASE LEVEL ADJUSTMENT. The
general fund base for children's services
grants shall be increased by $7,964,000 in
fiscal year 2008 and $7,964,000 in fiscal year
2009.
new text end
new text begin
CHILDREN'S AND COMMUNITY
SERVICES GRANTS. Notwithstanding
Minnesota Statutes, section 256M.50,
supplemental social service block grant funds
of $153,936 appropriated under the federal
2005 Department of Defense Appropriations
Act, Public Law 109-148, shall be allocated
proportionately to those counties that served
hurricane evacuees and reported those
services on the Social Service Information
System.
new text end
new text begin
CHILDREN'S AND COMMUNITY
SERVICES GRANTS BASE LEVEL
ADJUSTMENT. The general fund base for
children's and community services grants
shall be decreased by $2,849,000 in fiscal
year 2009.
new text end
new text begin
BASIC SLIDING FEE ALLOCATIONS;
CONVERSION TO AUTOMATED
PAYMENT SYSTEM. As determined by
the commissioner, counties may use up to six
percent of either calendar year 2008 or 2009
allocations under Minnesota Statutes, section
119B.03, to fund accelerated payments that
may occur during the preceding calendar
year during conversion to the automated
child care assistance program system. If
conversion occurs over two calendar years,
counties may use up to three percent of the
combined calendar year allocations to fund
accelerated payments. Funding advanced
under this paragraph shall be considered part
of the allocation from which it was originally
advanced for purposes of setting future
allocations under Minnesota Statutes, section
119B.03, subdivisions 6, 6a, 6b, and 8, and
shall include funding for administrative costs
under Minnesota Statutes, section 119B.15.
Notwithstanding any contrary provisions in
this article, this paragraph shall sunset on
December 31, 2009.
new text end
|
new text begin
(d) Other Children's and Economic Assistance Grants new text end |
||||||
|
new text begin
General new text end |
new text begin
(370,000) new text end |
new text begin
(452,000) new text end |
|
new text begin
Federal TANF new text end |
new text begin
-0- new text end |
new text begin
140,000 new text end |
new text begin
OTHER CHILDREN'S AND
ECONOMIC ASSISTANCE GRANTS
BASE LEVEL ADJUSTMENT. The
general fund base for other children's and
economic assistance grants shall be increased
by $20,000 in fiscal year 2008 and by
$20,000 in fiscal year 2009.
new text end
new text begin
NEW CHANCE PROGRAM
APPROPRIATION. Of the general fund
appropriation, $140,000 for fiscal year
2007 is for a grant to the new chance
program. The new chance program shall
provide comprehensive services through a
private, nonprofit agency to young parents in
Hennepin County who have dropped out of
school and are receiving public assistance.
The program administrator shall report
annually to the commissioner of human
services on skills development, education,
job training, and job placement outcomes
for program participants. This appropriation
shall become part of base level funding for
the biennium beginning July 1, 2007.
new text end
new text begin
FOOD PROGRAM SURPLUS
REDUCTION. The general fund base
for the Minnesota food assistance program is
reduced by $370,000 in fiscal year 2006 and
by $452,000 in fiscal year 2007.
new text end
|
new text begin
(e) Group Residential Housing Grants new text end |
new text begin
-0- new text end |
new text begin
168,000 new text end |
||||
new text begin Subd. 3. new text end
new text begin
Children and Economic Assistance
|
||||||
|
new text begin
Summary by Fund new text end |
||
|
new text begin
General new text end |
new text begin
9,000 new text end |
new text begin
26,000 new text end |
|
new text begin
Federal TANF new text end |
new text begin
-0- new text end |
new text begin
292,000 new text end |
|
new text begin
(a) Children and Economic Assistance Administration new text end |
||||||
|
new text begin
General new text end |
new text begin
-0- new text end |
new text begin
7,000 new text end |
|
new text begin
Federal TANF new text end |
new text begin
-0- new text end |
new text begin
51,000 new text end |
|
new text begin
(b) Children and Economic Assistance Operations new text end |
||||||
|
new text begin
General new text end |
new text begin
9,000 new text end |
new text begin
19,000 new text end |
|
new text begin
Federal TANF new text end |
new text begin
-0- new text end |
new text begin
241,000 new text end |
new text begin
CHILDREN AND ECONOMIC
ASSISTANCE OPERATIONS BASE
LEVEL ADJUSTMENT. The general fund
base for children and economic assistance
operations shall be decreased by $19,000 in
fiscal year 2008 and by $19,000 in fiscal year
2009.
new text end
new text begin
CHILDREN AND ECONOMIC
ASSISTANCE OPERATIONS TANF
BASE LEVEL ADJUSTMENT. The TANF
base for children and economic assistance
operations shall be decreased by $241,000
in fiscal year 2008 and by $241,000 in fiscal
year 2009.
new text end
new text begin Subd. 4. new text end
new text begin
Health Care Grants
|
||||||
|
new text begin
Summary by Fund new text end |
||
|
new text begin
General new text end |
new text begin
-0- new text end |
new text begin
4,439,000 new text end |
|
new text begin
Health Care Access new text end |
new text begin
-0- new text end |
new text begin
25,806,000 new text end |
|
new text begin
(a) MinnesotaCare Grants new text end |
||||||
|
new text begin
Health Care Access new text end |
new text begin
-0- new text end |
new text begin
8,304,000 new text end |
new text begin
TRANSFER TO MINNESOTA
PHARMACY ACCESS ACCOUNT.
Notwithstanding Minnesota Statutes,
section 295.581, the commissioner of
finance shall transfer $1,925,000 from the
health care access fund to the Minnesota
pharmacy access account in fiscal year
2008 and $916,000 in fiscal year 2009.
Notwithstanding any provision in this article
to the contrary, this paragraph shall expire
on June 30, 2009.
new text end
|
new text begin
(b) Medical Assistance Basic Health Care - Families and Children new text end |
||||||
|
new text begin
General new text end |
new text begin
-0- new text end |
new text begin
75,000 new text end |
|
new text begin
Health Care Access new text end |
new text begin
-0- new text end |
new text begin
3,532,000 new text end |
|
new text begin
(c) Medical Assistance Basic Health Care - Elderly and Disabled new text end |
||||||
|
new text begin
General new text end |
new text begin
-0- new text end |
new text begin
(472,000) new text end |
|
new text begin
Health Care Access new text end |
new text begin
-0- new text end |
new text begin
11,420,000 new text end |
|
new text begin
(d) General Assistance Medical Care new text end |
new text begin
-0- new text end |
new text begin
4,836,000 new text end |
||||
|
new text begin
(e) Other Health Care Grants new text end |
||||||
|
new text begin
Health Care Access new text end |
new text begin
-0- new text end |
new text begin
2,550,000 new text end |
new text begin
DENTAL GRANTS. Of the health care
access fund appropriation, $300,000 in fiscal
year 2007 is for grants to nonprofit dental
providers under Minnesota Statutes, section
256B.76, paragraph (d). This appropriation
shall become part of base level funding for
the biennium beginning July 1, 2007.
new text end
new text begin
CRITICAL ACCESS DENTAL
PROVIDERS. (a) Of the health care access
fund appropriation, $3,532,000 in fiscal
year 2007 only is for critical access dental
provider rates and $78,000 is for related
administrative costs.
new text end
new text begin
(b) Notwithstanding Minnesota Statutes,
section 256B.76, paragraph (c), effective for
dental services provided between October 1,
2006, and June 30, 2007, the commissioner
shall increase reimbursement rates for
dentists and dental clinics deemed to be
critical access dental providers by 38 percent
above the reimbursement rate that would
otherwise be paid to the provider. Payments
to prepaid health plans made on or after
January 1, 2007, shall be adjusted to reflect
these increases.
new text end
new text begin
(c) By February 15, 2007, the commissioner
shall report to the legislature on the results
of higher payments to critical access dental
providers and with recommendations on
funding sources to continue these higher
payments in effect after June 30, 2007.
new text end
new text begin
INTENSIVE CARE MANAGEMENT. (a)
Of the health care access fund appropriation,
$1,505,000 for fiscal year 2007 is for the
intensive care management pilot program
established under Minnesota Statutes, section
256B.075, subdivision 2, paragraph (d), of
which $5,000 is for systems costs and the
remainder is to be distributed as follows:
new text end
new text begin
(1) $300,000 is to be paid under a contract
with the neighborhood health care network
for the community care network project that
consists of a network of safety net clinics and
health centers working in cooperation with
a safety net hospital, a health plan, and the
Department of Human Services to improve
care coordination services;
new text end
new text begin
(2) of the balance remaining after the
payment made under clause (1), 60 percent
shall be paid in grants to federally qualified
health centers, as defined in Minnesota
Statutes, section 256B.075, subdivision 2,
paragraph (d), in proportion to each center's
amount of discounts granted to patients
during calendar year 2005 as reported on
the federal Uniform Data Systems report in
conformance with the Bureau of Primary
Health Care Program Expectations Policy
Information Notice 98-23, except that each
eligible federally qualified health center shall
receive at least $10,000 but no more than
20 percent of the total amount of money
available under this clause;
new text end
new text begin
(3) the balance remaining after the payments
made under clauses (1) and (2) shall be paid
in grants to community clinics, as defined
in Minnesota Statutes, section 256B.075,
subdivision 2, paragraph (d), to be distributed
based on each clinic's proportionate amount
of contribution to patients as determined in
accordance with the clinic's formal policy for
sliding fee discounts approved by the clinic's
board of directors, as reported by each clinic,
except that each eligible community clinic
shall receive at least $10,000 but no more
than 20 percent of the total amount of money
available under this clause; and
new text end
new text begin
(4) the commissioner shall pay the amounts
at the beginning of the fiscal year, even if
federal approval has not yet been granted.
new text end
new text begin
(b) Base level funding for this activity shall
be $1,500,000 each year for the biennium
beginning July 1, 2007.
new text end
new text begin
MINNESOTACARE OUTREACH. Of
the health care access fund appropriation,
$750,000 in fiscal year 2007 is for the
MinnesotaCare outreach grants under
Minnesota Statutes, section 256L.04,
subdivision 4.
new text end
new text begin
MINNESOTACARE OUTREACH
REIMBURSEMENT. Federal
administrative reimbursement resulting from
MinnesotaCare outreach is appropriated to
the commissioner for this activity.
new text end
new text begin Subd. 5. new text end
new text begin
Health Care Management
|
||||||
|
new text begin
Summary by Fund new text end |
||
|
new text begin
General new text end |
new text begin
-0- new text end |
new text begin
1,508,000 new text end |
|
new text begin
Health Care Access new text end |
new text begin
-0- new text end |
new text begin
3,661,000 new text end |
|
new text begin
(a) Health Care Administration new text end |
||||||
|
new text begin
General new text end |
new text begin
-0- new text end |
new text begin
1,428,000 new text end |
|
new text begin
Health Care Access new text end |
new text begin
-0- new text end |
new text begin
843,000 new text end |
new text begin
HEALTH CARE ADMINISTRATION
HEALTH CARE ACCESS BASE LEVEL
ADJUSTMENT. The health care access
fund base for health care administration shall
be increased by $420,000 in fiscal year 2008
and shall be decreased by $7,000 in fiscal
year 2009.
new text end
new text begin
HEALTH CARE ADMINISTRATION
BASE LEVEL ADJUSTMENT.
The general fund base for health care
administration shall be increased by
$195,000 in fiscal year 2008 and shall be
decreased by $382,000 in fiscal year 2009.
new text end
|
new text begin
(b) Health Care Operations new text end |
||||||
|
new text begin
General new text end |
new text begin
-0- new text end |
new text begin
80,000 new text end |
|
new text begin
Health Care Access new text end |
new text begin
-0- new text end |
new text begin
2,818,000 new text end |
new text begin
HEALTHMATCH DELAY. The
commissioner shall delay implementation of
the HealthMatch program by two months.
Of the health care access fund appropriation,
$929,000 in fiscal year 2007 is for the
administrative costs of the two-month delay.
new text end
new text begin
HEALTH CARE OPERATIONS BASE
LEVEL ADJUSTMENT. The general fund
base for health care operations shall be
decreased by $38,000 in fiscal year 2008 and
increased by $32,000 in fiscal year 2009.
new text end
new text begin
HEALTH CARE OPERATIONS
HEALTH CARE ACCESS FUND BASE
LEVEL ADJUSTMENT. The health care
access fund base for health care operations
shall be increased by $482,000 in fiscal year
2008 and $496,000 in fiscal year 2009.
new text end
new text begin Subd. 6. new text end
new text begin
Continuing Care Grants
|
||||||
|
new text begin
General new text end |
new text begin
1,500,000 new text end |
new text begin
(1,522,000) new text end |
|
new text begin
(a) Aging and Adult Grants new text end |
||||||
|
new text begin
General new text end |
new text begin
-0- new text end |
new text begin
25,000 new text end |
new text begin
MEDICARE PART D INFORMATION
AND ASSISTANCE REIMBURSEMENT.
Federal administrative reimbursement
obtained from information and assistance
services provided by the Senior LinkAge or
Disability Linkage lines to people who are
identified as eligible for medical assistance
shall be appropriated to the commissioner
for this activity.
new text end
new text begin
AGING AND ADULT GRANTS BASE
LEVEL ADJUSTMENT. Base level
funding for aging and adult grants shall be
reduced in fiscal year 2008 by $25,000 and
by $25,000 in fiscal year 2009.
new text end
|
new text begin
(b) Alternative Care Grants new text end |
new text begin
-0- new text end |
new text begin
3,337,000 new text end |
||||
new text begin
ALTERNATIVE CARE BASE LEVEL
ADJUSTMENT. Base level funding for
alternative care grants shall be reduced by
$1,737,000 in fiscal year 2008 and reduced
by $2,504,000 in fiscal year 2009.
new text end
|
new text begin
(c) Medical Assistance Long-Term Care Facilities new text end |
new text begin
-0- new text end |
new text begin
(1,874,000) new text end |
||||
new text begin
TEMPORARY RATE INCREASE. Of the
general fund appropriation, $29,000 in fiscal
year 2007 is for a temporary rate increase
equivalent to six percent of the operating rate
in effect on July 1, 2006, for a day training
and habilitation provider in Meeker County
providing services to up to 110 individuals.
This rate increase shall be in effect only until
June 30, 2007.
new text end
|
new text begin
(d) Medical Assistance Long-Term Care Waivers new text end |
new text begin
-0- new text end |
new text begin
(415,000) new text end |
||||
new text begin
ADDITIONAL WAIVER
ALLOCATIONS. Notwithstanding
the waiver growth limits in Laws 2005,
First Special Session chapter 4, article 9,
section 2, paragraph (d), the commissioner
may allocate an additional waiver allocation
under Minnesota Statutes, section 256B.49,
for a recipient of personal care assistant
services who is eligible for and chooses
waivered services and received personal care
assistant services from a provider who was
billing for a service delivery model for that
recipient other than individual or shared care
on March 1, 2006.
new text end
|
new text begin
(e) Mental Health Grants new text end |
new text begin
-0- new text end |
new text begin
(2,595,000) new text end |
||||
new text begin
MENTAL HEALTH GRANTS BASE
LEVEL ADJUSTMENT. The general
fund base for mental health grants shall be
decreased by $2,893,000 in fiscal year 2008
and $8,043,000 in fiscal year 2009.
new text end
|
new text begin
(f) Chemical Dependency Nonentitlement Grants new text end |
new text begin
-0- new text end |
new text begin
-0- new text end |
||||
new text begin
METHAMPHETAMINE
COORDINATOR. The following
amounts shall be transferred from the federal
chemical health block grant fund to the
commissioner of health for the fiscal years
indicated for the purposes of Minnesota
Statutes, section 144.90: $82,000 in fiscal
year 2007; $205,000 in fiscal year 2008; and
$205,000 in fiscal year 2009.
new text end
new text begin Subd. 7. new text end
new text begin
Continuing Care Management
|
||||||
|
new text begin
Summary by Fund new text end |
||
|
new text begin
General new text end |
new text begin
-0- new text end |
new text begin
881,000 new text end |
|
new text begin
Health Care Access new text end |
new text begin
-0- new text end |
new text begin
-0- new text end |
new text begin
CONTINUING CARE MANAGEMENT
BASE LEVEL ADJUSTMENT. The
general fund base for continuing care
management shall be decreased by $200,000
in fiscal year 2008 and decreased by
$386,000 in fiscal year 2009.
new text end
new text begin Subd. 8. new text end
new text begin
State-operated Services
|
new text begin
30,570,000 new text end |
new text begin
44,628,000 new text end |
||||
new text begin
STATE-OPERATED SERVICES BASE
LEVEL ADJUSTMENT. The general fund
base for state-operated services shall be
increased by $758,000 in fiscal year 2008 and
decreased by $3,694,000 in fiscal year 2009.
new text end
new text begin
MINNESOTA SECURITY HOSPITAL.
For the purposes of enhancing the safety
of the public, improving supervision, and
enhancing community-based mental health
treatment, state-operated services may
establish additional community capacity
for providing treatment and supervision
of clients who have been ordered into a
less restrictive alternative of care from the
state-operated services transition services
program consistent with Minnesota Statutes,
section 246.014.
new text end
new text begin
MINNESOTA SECURITY HOSPITAL
DISCHARGE PLANNING. The
commissioner shall study the feasibility of
requiring the Minnesota Security Hospital
to take full responsibility for the provisional
discharge planning for patients moving from
the St. Peter Campus into the community
under the process outlined by Minnesota
Statutes, section 253B.18, subdivision 8. The
commissioner shall report the results of the
study to the legislature by January 15, 2007.
new text end
new text begin
STATE-OPERATED SERVICES
SALARY DEFICIT. The state-operated
services salary deficit of $6,833,000 in fiscal
year 2006 and $10,274,000 in fiscal year
2007 shall be absorbed by the Department of
Human Services, excluding state-operated
services.
new text end
Sec. 3. new text begin COMMISSIONER OF HEALTH
|
||||||
new text begin Subdivision 1. new text end
new text begin
Total Appropriation
|
new text begin
-0- new text end |
new text begin
12,064,000 new text end |
||||
|
new text begin
Summary by Fund new text end |
||
|
new text begin
General new text end |
new text begin
-0- new text end |
new text begin
2,510,000 new text end |
|
new text begin
Health Care Access Fund new text end |
new text begin
-0- new text end |
new text begin
9,414,000 new text end |
|
new text begin
State Government Special Revenue new text end |
new text begin
-0- new text end |
new text begin
140,000 new text end |
new text begin
The appropriations in this section are added
to appropriations in Laws 2005, First Special
Session chapter 4, article 9, section 3.
new text end
new text begin Subd. 2. new text end new text begin Health Protection
|
||||||
|
new text begin
Summary by Fund new text end |
||
|
new text begin
General new text end |
new text begin
-0- new text end |
new text begin
2,510,000 new text end |
|
new text begin
State Government Special Revenue Fund new text end |
new text begin
-0- new text end |
new text begin
140,000 new text end |
new text begin
HEALTH PROTECTION BASE LEVEL
ADJUSTMENT. The general fund base
for health protection shall be decreased
by $2,510,000 in fiscal year 2008 and
$2,510,000 in fiscal year 2009.
new text end
new text begin
HEALTH PROTECTION STATE
GOVERNMENT SPECIAL REVENUE
BASE LEVEL ADJUSTMENT. The state
government special revenue fund base for
health protection shall be increased by
$140,000 in fiscal year 2008 and $140,000 in
fiscal year 2009.
new text end
new text begin
PANDEMIC INFLUENZA
PREPAREDNESS. (a) Of the
general fund appropriation, $2,510,000 in
fiscal year 2007 only is for preparation,
planning, and response to an outbreak of
influenza. Of this amount, $2,410,000 is
to purchase antivirals and supplies and
$100,000 is for mass clinic development and
planning, including training and technical
assistance for local public health.
new text end
new text begin
(b) By February 15, 2007, the commissioner
shall report to the legislature on the results
of funding for this initiative and with
recommendations on funding sources to
continue these activities after June 30, 2007.
new text end
new text begin
HIV/AIDS PREVENTION. (a) The
commissioner shall allocate $135,000 of the
federal HIV prevention grant to establish a
toll-free telephone line to provide information
and counseling on HIV/AIDS, contingent on
the approval of the Community Cooperative
Council on HIV/AIDS prevention.
new text end
new text begin
(b) The commissioner shall not cap HIV
prevention grants. Notwithstanding any
provision in this article to the contrary, this
paragraph shall not expire.
new text end
new text begin Subd. 3. new text end
new text begin
Policy Compliance and Quality
|
||||||
|
new text begin
Summary by Fund new text end |
||
|
new text begin
Health Care Access Fund new text end |
new text begin
-0- new text end |
new text begin
9,414,000 new text end |
new text begin
POLICY QUALITY AND
COMPLIANCE GENERAL
FUND BASE LEVEL ADJUSTMENT.
The policy quality and compliance general
fund base shall be increased by $1,887,000
in fiscal year 2008 and $1,887,000 in fiscal
year 2009.
new text end
new text begin
POLICY QUALITY AND
COMPLIANCE HEALTH CARE
ACCESS FUND BASE LEVEL
ADJUSTMENT. The health care access
fund base for policy quality and compliance
shall be decreased by $9,121,000 in fiscal
year 2008 and $9,121,000 in fiscal year 2009.
new text end
Sec. 4. new text begin VETERANS NURSING HOMES
|
new text begin
2,448,000 new text end |
new text begin
4,560,000 new text end |
||||
new text begin
This appropriation is added to appropriations
in Laws 2005, First Special Session
chapter 4, article 9, section 4. Of this
appropriation, $1,868,000 in fiscal year 2006
and $2,159,000 in fiscal year 2007 is to
supplement nursing staff at the Minneapolis
facility. The board shall negotiate with
state bargaining units to address wages,
benefits, and the staffing skill mix in order
to appropriately serve the acuity level of
residents.
new text end
new text begin
BASE LEVEL ADJUSTMENT. The
general fund base for the board shall be
increased by $3,981,000 in fiscal year 2008
and $3,981,000 in fiscal year 2009.
new text end
Sec. 5. new text begin HEALTH-RELATED BOARDS
|
||||||
new text begin Subdivision 1. new text end
new text begin
State Government Special
|
new text begin
514,000 new text end |
new text begin
622,000 new text end |
||||
new text begin
BASE LEVEL ADJUSTMENT. The state
government special revenue fund base for the
health-related boards shall be decreased by
$505,000 in fiscal year 2008 and $505,000 in
fiscal year 2009.
new text end
new text begin Subd. 2. new text end
new text begin
Board of Chiropractic Examiners
|
new text begin
5,000 new text end |
new text begin
5,000 new text end |
||||
new text begin
BOARD OF CHIROPRACTIC
EXAMINERS APPROPRIATION
INCREASE. (a) This appropriation is
added to appropriations in Laws 2005,
First Special Session chapter 4, article 9,
section 5, subdivision 3. This is a onetime
appropriation.
new text end
new text begin
(b) This increase is to correct programming
difficulties incurred during implementation
of payment processing changes.
new text end
new text begin Subd. 3. new text end
new text begin
Board of Dentistry
|
new text begin
-0- new text end |
new text begin
67,000 new text end |
||||
new text begin
BOARD OF DENTISTRY
APPROPRIATION INCREASE.
(a) This appropriation is added to
appropriations in Laws 2005, First Special
Session chapter 4, article 9, section 5,
subdivision 4.
new text end
new text begin
(b) This increase is to retain a legal analyst
as part of the board staff.
new text end
new text begin Subd. 4. new text end
new text begin
Board of Medical Practice
|
new text begin
500,000 new text end |
new text begin
500,000 new text end |
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new text begin
BOARD OF MEDICAL PRACTICE
INCREASE. (a) This appropriation is
added to appropriations in Laws 2005,
First Special Session chapter 4, article 9,
section 5, subdivision 7. This is a onetime
appropriation.
new text end
new text begin
(b) This increase is to cover higher than
expected costs of investigation and legal
action.
new text end
new text begin Subd. 5. new text end
new text begin
Board of Physical Therapy
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9,000 new text end |
new text begin
-0- new text end |
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BOARD OF PHYSICAL THERAPY
APPROPRIATION INCREASE. (a) This
appropriation is added to appropriations in
Laws 2005, First Special Session chapter 4,
article 9, section 5, subdivision 12. This is a
onetime appropriation.
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new text begin
(b) This increase is to correct programming
difficulties incurred during implementation
of payment processing changes.
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new text begin Subd. 6. new text end
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Emergency Medical Services Board
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new text begin
-0- new text end |
new text begin
50,000 new text end |
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new text begin
EMERGENCY MEDICAL SERVICES
BOARD APPROPRIATION INCREASE.
(a) This appropriation is added to
appropriations in Laws 2005, First Special
Session chapter 4, article 9, section 5,
subdivision 12.
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new text begin
(b) This increase is to be spent by the health
professional service program from the state
government special revenue fund.
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Sec. 6. new text begin ENDOWMENT FUND TRANSFERS
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On June 30, 2006, the commissioner of
finance shall transfer the balances in the
tobacco use prevention and local public
health endowment fund and the medical
education endowment fund to the general
fund. These balances result from investment
income credited to the funds after the transfer
of balances on July 1, 2003. The amount
transferred under this section is estimated to
be $2,933,000.
new text end
Sec. 7.
Minnesota Statutes 2004, section 245.771, is amended by adding a subdivision
to read:
new text begin Subd. 4. new text end
new text begin Food stamp bonus awards. new text end
new text begin
In the event that Minnesota qualifies for
the United States Department of Agriculture Food and Nutrition Services Food Stamp
Program performance bonus awards, the funding is appropriated to the commissioner. The
commissioner shall retain 25 percent of the funding, with the other 75 percent divided
among the counties according to a formula that takes into account each county's impact
on state performance in the applicable bonus categories.
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Sec. 8.
Minnesota Statutes 2004, section 256.01, is amended by adding a subdivision
to read:
new text begin Subd. 24. new text end
new text begin Funding from other than state funds. new text end
new text begin
Notwithstanding sections
16A.013 to 16A.016, the commissioner may accept, on behalf of the state, additional
funding from sources other than state funds for the purpose of financing the cost of
assistance program grants or nongrant administration. All additional funding under this
subdivision is appropriated to the commissioner for use as designated by the grantor of
funding.
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Sec. 9.
Minnesota Statutes 2004, section 256.014, is amended by adding a subdivision
to read:
new text begin Subd. 5. new text end
new text begin Systems account management. new text end
new text begin
Money appropriated for computer
projects approved by the Office of Enterprise Technology, funded by the legislature, and
approved by the commissioner of finance, may be transferred from one project to another
and from development to operations as the commissioner of human services considers
necessary. Any unexpended balance in the appropriation for these projects does not cancel
but is available for ongoing development and operations.
new text end
Sec. 10.
Minnesota Statutes 2004, section 256.014, is amended by adding a subdivision
to read:
new text begin Subd. 6. new text end
new text begin Systems continuity. new text end
new text begin
In the event of disruption of technical systems or
computer operations, the commissioner may use available grant appropriations to ensure
continuity of payments for maintaining the health, safety, and well-being of clients served
by programs administered by the Department of Human Services. Grant funds must be
used in a manner consistent with the original intent of the appropriation.
new text end
Sec. 11.
Minnesota Statutes 2004, section 518.5852, is amended to read:
518.5852 CENTRAL COLLECTIONS UNIT.
new text begin Subdivision 1. new text end
new text begin Creation and maintenance. new text end
The commissioner of human services
shall create and maintain a central collections unit for the purpose of receiving, processing,
and disbursing payments, and for maintaining a record of payments, in all cases in which:
(1) the state or county is a party;
(2) the state or county provides child support enforcement services to a party; or
(3) payment is collected through income withholding.
The commissioner may contract for services to carry out these provisions,
provided that the commissioner first meets and negotiates with the affected exclusive
representatives.
new text begin Subd. 2. new text end
new text begin Deposit of payments. new text end
new text begin
Payments to the commissioner from other
governmental units, private enterprises, and individuals for services performed by the
central collections unit must be deposited in the state systems account authorized under
section 256.014. These payments are appropriated to the commissioner for the operation
of the child support payment center or system, according to section 256.014.
new text end
Sec. 12. new text begin SUNSET OF UNCODIFIED LANGUAGE.
new text end
new text begin
All uncodified language contained in this article expires on June 30, 2007, unless a
different expiration date is explicit.
new text end
Sec. 13. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2004, section 62J.694, subdivision 5,
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new text begin
is repealed.
new text end