Minnesota Legislature
SF 3798
1st Engrossment - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am
KEY: stricken = removed, old language.
underscored = added, new language.
1.1 A bill for an act 1.2 relating to the organization and operation of state 1.3 government; making supplemental appropriations and 1.4 reductions; modifying provisions relating to health 1.5 care, human services, income assistance and job 1.6 training, state procurement, securities, criminal 1.7 justice and crime prevention, traffic regulations, 1.8 environment and natural resources, agriculture, public 1.9 offices and institutions, technology, bonding, and 1.10 workers' compensation; setting fees; increasing 1.11 certain fines; making technical and clarifying 1.12 changes; amending Minnesota Statutes 1998, sections 1.13 16A.11, subdivision 3; 16A.126, subdivision 2; 1.14 16A.642, subdivision 1; 16A.67, subdivision 1; 1.15 16A.671, subdivisions 1 and 2; 16B.052; 16B.121; 1.16 16B.48, subdivision 4; 16B.485; 16C.05, subdivision 3; 1.17 16E.01, as amended; 16E.04, as amended; 16E.05; 1.18 16E.06; 16E.07, subdivisions 2, 5, 6, 7, 8, 9, 10, and 1.19 11; 18E.04, subdivision 4; 80A.122, by adding a 1.20 subdivision; 80A.28, subdivision 1; 85.34, subdivision 1.21 1, and by adding subdivisions; 97A.055, subdivisions 1 1.22 and 2; 97A.071, subdivision 2; 97A.411, subdivision 1; 1.23 97A.421; 97A.475, subdivisions 2, 3, 4, 6, 7, 8, 11, 1.24 12, 13, and 20; 97A.485, subdivision 12; 115B.17, 1.25 subdivision 19; 116L.04, subdivision 1; 125A.74, 1.26 subdivisions 1 and 2; 144A.071, subdivision 4a, and by 1.27 adding a subdivision; 148B.32, subdivision 1; 169.21, 1.28 subdivisions 2 and 3; 181A.12, subdivision 1; 1.29 216C.051, subdivision 9; 216C.41, subdivision 3; 1.30 242.41; 242.43; 242.44; 256.741, by adding a 1.31 subdivision; 256.955, subdivision 2, and by adding a 1.32 subdivision; 256.9751; 256B.0625, by adding a 1.33 subdivision; 256B.431, by adding subdivisions; 1.34 256B.434, by adding a subdivision; 256B.501, by adding 1.35 a subdivision; 256B.69, subdivision 5d; 256J.47, 1.36 subdivision 1; 256J.50, subdivision 7; 256J.52, 1.37 subdivision 2; 256J.53, subdivision 3; 256J.62, by 1.38 adding a subdivision; 256L.01, subdivision 4; 256L.04, 1.39 subdivision 7; 297A.44, subdivision 1; 383B.235, by 1.40 adding a subdivision; 422A.101, subdivision 3; 1.41 477A.0121, subdivision 4; 609.322, subdivision 1; 1.42 611.21; 611.27, subdivision 5, and by adding a 1.43 subdivision; and 611A.32, subdivision 5; Minnesota 1.44 Statutes 1999 Supplement, sections 10A.01, subdivision 1.45 35; 16A.129, subdivision 3; 16E.02, subdivision 1; 1.46 16E.08; 62J.535, subdivision 2; 97A.075, subdivision 2.1 1; 97B.020; 116L.04, subdivision 1a; 119B.011, 2.2 subdivision 15; 144.395, by adding a subdivision; 2.3 144.396, subdivisions 11 and 12; 241.272, subdivision 2.4 6; 242.192; 256.019; 256B.056, subdivision 4; 2.5 256B.0625, subdivision 13; 256B.0916, subdivision 1; 2.6 256B.431, subdivisions 17 and 28; 256B.69, 2.7 subdivisions 5b and 5c; 256D.03, subdivision 4; 2.8 256D.053, subdivision 1; 256J.02, subdivision 2; 2.9 256J.08, subdivision 86; 256J.11, subdivision 2; 2.10 256J.21, subdivision 2; 256J.33, subdivision 4; 2.11 256J.34, subdivisions 1 and 4; 256J.37, subdivision 9; 2.12 256J.46, subdivision 1; 256J.52, subdivisions 3, 4, 2.13 and 5; 256J.56; 256L.07, subdivision 3; 268.085, 2.14 subdivision 4; 268.98, subdivision 3; 326.105; and 2.15 626.84, subdivision 1; Laws 1984, chapter 597, section 2.16 22; Laws 1987, chapter 400, section 25, subdivisions 1 2.17 and 5; Laws 1989, chapter 300, article 1, section 23, 2.18 subdivision 1; Laws 1990, chapter 610, article 1, 2.19 section 30; Laws 1991, chapter 354, article 11, 2.20 section 2, subdivision 1; Laws 1992, chapter 558, 2.21 section 28; Laws 1994, chapter 639, article 3, section 2.22 5; Laws 1994, chapter 643, section 31; Laws 1995, 2.23 First Special Session chapter 2, article 1, section 2.24 14; Laws 1996, chapter 463, section 27; Laws 1997, 2.25 chapter 246, section 10; Laws 1998, chapter 404, 2.26 sections 7, subdivision 23, as amended; and 27; Laws 2.27 1999, chapters 216, article 1, sections 7, subdivision 2.28 6; and 18; 231, sections 6, as amended; 11, 2.29 subdivision 3; and 14; 240, articles 1, section 13; 2.30 and 2, section 16; 245, articles 1, sections 2, 2.31 subdivisions 5 and 8; and 4, section 121; 250, article 2.32 1, sections 11; 12, subdivision 8; 14, subdivision 3; 2.33 and 18; proposing coding for new law in Minnesota 2.34 Statutes, chapters 97A; 116L; 119B; 136F; 169; 241; 2.35 242; 256; 256J; 260B; 268; 299A; 326; 462A; and 611A; 2.36 proposing coding for new law as Minnesota Statutes, 2.37 chapter 299N; repealing Minnesota Statutes 1998, 2.38 sections 168A.40, subdivisions 1, 3, and 4; 299E.01; 2.39 299E.02; 626.88, subdivision 3; Minnesota Statutes 2.40 1999 Supplement, sections 144.396, subdivision 13; 2.41 168A.40, subdivision 2; Laws 1997, chapter 203, 2.42 articles 7, section 27; and 9, section 21; Laws 1998, 2.43 chapter 407, article 6, section 111; and Laws 1999, 2.44 chapter 250, article 1, section 15; Minnesota Rules, 2.45 part 3800.3810. 2.46 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 2.47 ARTICLE 1 2.48 APPROPRIATIONS 2.49 Section 1. [HEALTH AND HUMAN SERVICES APPROPRIATIONS.] 2.50 The sums shown in the columns marked "APPROPRIATIONS" are 2.51 appropriated from the general fund, or any other fund named, to 2.52 the agencies and for the purposes specified in this act, to be 2.53 available for the fiscal years indicated for each purpose. The 2.54 figures "2000" and "2001" mean that the appropriation or 2.55 appropriations listed under them are available for the fiscal 2.56 year ending June 30, 2000, or June 30, 2001, respectively, and 2.57 if an earlier appropriation was made for that purpose for that 2.58 year, the appropriation in this act is added to it. Where a 3.1 dollar amount appears in parenthesis, it means a reduction of an 3.2 earlier appropriation for that purpose for that year. 3.3 SUMMARY BY FUND 3.4 APPROPRIATIONS BIENNIAL 3.5 2000 2001 TOTAL 3.6 General $ 16,128,000 $91,257,000 $107,385,000 3.7 State Government 3.8 Special Revenue 150,000 -0- 150,000 3.9 Health Care Access 3.10 Fund 1,266,000 4,773,000 6,039,000 3.11 3.12 Lottery Prize Fund -0- 248,000 248,000 3.13 TOTAL $ 17,544,000 $96,278,000 $113,822,000 3.14 APPROPRIATIONS 3.15 Available for the Year 3.16 Ending June 30 3.17 2000 2001 3.18 Sec. 2. COMMISSIONER OF 3.19 HUMAN SERVICES 3.20 Subdivision 1. Total 3.21 Appropriation $ 17,394,000 $95,238,000 3.22 Summary by Fund 3.23 General 16,128,000 90,217,000 3.24 Health Care Access 1,266,000 4,773,000 3.25 Lottery -0- 248,000 3.26 This appropriation is added to the 3.27 appropriation in Laws 1999, chapter 3.28 245, article 1, section 2. 3.29 The amounts that are added to or 3.30 reduced from the appropriation for each 3.31 program are specified in the following 3.32 subdivisions. 3.33 Subd. 2. Children's Grants 3.34 1,130,000 3,309,000 3.35 [ADOPTION ASSISTANCE.] Of this 3.36 appropriation, $674,000 in fiscal year 3.37 2000 and $1,800,000 in fiscal year 2001 3.38 is for the adoption assistance program 3.39 under Minnesota Statutes, section 3.40 259.67, and $456,000 in fiscal year 3.41 2000 and $900,000 in fiscal year 2001 3.42 is for the relative custody assistance 3.43 program under Minnesota Statutes, 3.44 section 257.85. 3.45 Subd. 3. Basic Health Care Grants 3.46 14,984,000 52,700,000 3.47 Summary by Fund 4.1 General 13,718,000 48,673,000 4.2 Health Care Access 1,266,000 4,027,000 4.3 The amounts that may be spent from this 4.4 appropriation for each purpose are as 4.5 follows: 4.6 (a) Minnesota Care Grants 4.7 Health Care Access Fund 4.8 1,266,000 4,027,000 4.9 [REIMBURSEMENT FROM HEALTH CARE ACCESS 4.10 FUND.] Beginning July 1, 2000, for 4.11 fiscal years 2001 to 2003, the 4.12 commissioner of finance shall transfer 4.13 from the health care access fund to the 4.14 general fund money sufficient to 4.15 reimburse the medical assistance costs 4.16 associated with MFIP post-secondary 4.17 education and training modifications in 4.18 Minnesota Statutes, section 256J.522. 4.19 Notwithstanding section 6, this 4.20 paragraph expires on June 30, 2003. 4.21 (b) MA Basic Health Care Grants - 4.22 Families and Children 4.23 General 22,751,000 24,247,000 4.24 [ADVANCE CAPITATION PAYMENTS.] The 4.25 commissioner shall provide an advance 4.26 of $500,000 in June of 2001 and June of 4.27 2002, not to exceed the total monthly 4.28 per capita payment due for services 4.29 provided in June, to county-based 4.30 purchasing sites operating under 4.31 Minnesota Statutes, section 256B.692. 4.32 These advances shall be recovered from 4.33 the following month's per capita 4.34 payments. Notwithstanding section 6, 4.35 this paragraph expires on August 1, 4.36 2002. 4.37 (c) MA Basic Health Care Grants - 4.38 Elderly and Disabled 4.39 General (3,730,000) 14,134,000 4.40 [SPECIAL TRANSPORTATION.] Of the 4.41 general fund appropriation for the 4.42 fiscal year beginning July 1, 2000, 4.43 $109,000 for medical assistance and 4.44 $2,000 for general assistance medical 4.45 care is for the commissioner to 4.46 increase mileage reimbursement for 4.47 special transportation under Minnesota 4.48 Statutes, section 256B.0625, 4.49 subdivision 17, by five cents per mile 4.50 for services rendered from July 1, 4.51 2000, to December 31, 2000. 4.52 (d) General Assistance Medical Care 4.53 General (5,303,000) 10,292,000 4.54 Subd. 4. Basic Health Care 4.55 Administration 4.56 Health Care Access -0- 746,000 5.1 [EMPLOYER-SUBSIDIZED INSURANCE.] Of the 5.2 appropriation from the health care 5.3 access fund for the fiscal year 5.4 beginning July 1, 2000, $746,000 is for 5.5 administrative costs related to the 5.6 employer-subsidized health insurance 5.7 program under Minnesota Statutes, 5.8 section 256.9370, including $200,000 5.9 for MMIS costs. 5.10 Subd. 5. Continuing Care and 5.11 Community Support Grants 5.12 (35,029,000) 8,060,000 5.13 Summary by Fund 5.14 General (35,029,000) 7,812,000 5.15 Lottery -0- 248,000 5.16 The amounts that may be spent from this 5.17 appropriation for each purpose are as 5.18 follows: 5.19 (a) Community Services Block Grants 5.20 -0- 928,000 5.21 (b) Aging Adult Service Grants 5.22 -0- 207,000 5.23 [EPILEPSY.] Of the general fund 5.24 appropriation, $7,000 in fiscal year 5.25 2001 is to the commissioner to provide 5.26 a three percent reimbursement increase 5.27 to living skills training programs for 5.28 persons with intractable epilepsy who 5.29 need assistance in the transition to 5.30 independent living. 5.31 (c) Deaf and Hard-of-Hearing 5.32 Services Grants 5.33 -0- 21,000 5.34 (d) Mental Health Grants 5.35 General -0- 1,920,000 5.36 Lottery -0- 248,000 5.37 [SERVICES FOR FARMERS.] Of the 5.38 appropriation from the general fund for 5.39 the fiscal year beginning July 1, 2000, 5.40 $450,000 is to the commissioner for the 5.41 following purposes: 5.42 (1) $300,000 is to be transferred to 5.43 the commissioner of agriculture for 5.44 grants to organizations participating 5.45 in the farm wrap network and the rural 5.46 help network. The grants may be used 5.47 for mental health services and 5.48 emergency services for farmers. 5.49 (2) $150,000 is to be transferred to 5.50 the board of trustees of the Minnesota 5.51 state colleges and universities for 5.52 mental health counseling support to 6.1 farm families and business operators 6.2 through the farm business management 6.3 program at Central Lakes college and 6.4 Ridgewater college. 6.5 [COMPULSIVE GAMBLING TREATMENT.] For 6.6 the fiscal year beginning July 1, 2000, 6.7 $248,000 is appropriated from the 6.8 lottery prize fund to the commissioner 6.9 for the compulsive gambling treatment 6.10 program. Of this appropriation, 6.11 $143,000 is for a grant to gamblers 6.12 intervention services in Duluth to be 6.13 spent as follows: 6.14 (1) $100,000 is to establish an 6.15 outpatient gambling treatment program 6.16 in Brainerd; and 6.17 (2) $43,000 is to make treatment center 6.18 building improvements to accommodate 6.19 expanded group services. 6.20 $75,000 is for a grant to the Minnesota 6.21 arrowhead region gambling treatment 6.22 alliance to provide extended outreach 6.23 and family counseling through its 6.24 Virginia center. 6.25 The remaining $30,000 is for a grant to 6.26 gamblers choice in Minneapolis to make 6.27 treatment center building improvements 6.28 to accommodate expanded group services. 6.29 These are one-time appropriations and 6.30 shall not become part of base-level 6.31 funding for the 2002-2003 biennium. 6.32 (e) Developmental Disabilities 6.33 Support Grants 6.34 -0- 210,000 6.35 (f) Medical Assistance Long-Term 6.36 Care Waivers and Home Care 6.37 (12,385,000) 2,948,000 6.38 (g) Medical Assistance Long-Term 6.39 Care Facilities 6.40 (20,790,000) (2,163,000) 6.41 (h) Alternative Care Grants 6.42 -0- 1,566,000 6.43 (i) Group Residential Housing 6.44 (1,854,000) (295,000) 6.45 (j) Chemical Dependency 6.46 Entitlement Grants 6.47 -0- 2,470,000 6.48 Subd. 6. Economic Support Grants 6.49 36,309,000 30,423,000 6.50 The amounts that may be spent from this 7.1 appropriation for each purpose are as 7.2 follows: 7.3 (a) Assistance to Families Grants 7.4 35,428,000 22,500,000 7.5 [APPROPRIATIONS OF FEDERAL TANF FUNDS.] 7.6 (a) In addition to the TANF funds 7.7 provided in Laws 1999, chapter 245, 7.8 article 1, section 2, subdivision 10, 7.9 federal TANF block grant funds are 7.10 appropriated to the commissioner in 7.11 amounts of ($4,413,000) in fiscal year 7.12 2000 and $65,024,000 in fiscal year 7.13 2001. 7.14 (b) Of the funds appropriated to the 7.15 commissioner for state fiscal year 7.16 2001, $9,500,000 shall be added to the 7.17 appropriation for the MFIP employment 7.18 services program for local 7.19 interventions for family employment; 7.20 $1,500,000 shall be appropriated for 7.21 the purpose of training job counselors, 7.22 evaluating the effectiveness of the 7.23 interventions, and identifying 7.24 improvements needed; and $1,000,000 is 7.25 appropriated to the commissioner for 7.26 the following purposes: 7.27 (1) $750,000 to be transferred to the 7.28 job skills partnership board for the 7.29 health care and human services worker 7.30 training and retention program created 7.31 under Minnesota Statutes, section 7.32 116L.10; and 7.33 (2) $250,000 to be transferred to the 7.34 board of trustees of the Minnesota 7.35 state colleges and universities to 7.36 provide tuition waivers to employees of 7.37 health care and human services 7.38 providers located in the state that are 7.39 members of qualifying consortia 7.40 operating under Minnesota Statutes, 7.41 sections 116L.10 to 116L.15. 7.42 The appropriations in clauses (1) and 7.43 (2) shall become part of the base-level 7.44 funding for the commissioner and shall 7.45 be transferred on an annual basis to 7.46 the job skills partnership board and 7.47 the board of trustees of the Minnesota 7.48 state colleges and universities for the 7.49 purposes indicated. 7.50 (c) Notwithstanding Minnesota Statutes 7.51 1998, sections 119B.01, subdivision 12, 7.52 and 119B.05, subdivision 1, a county 7.53 may use local interventions for family 7.54 employment funds for child care 7.55 assistance provided to MFIP families 7.56 participating in preemployment 7.57 activities required as part of their 7.58 employment plan and defined as work 7.59 activities under Minnesota Statutes, 7.60 section 256J.49. 7.61 (d) A county may provide child care 7.62 assistance to families that have 8.1 completed their transition year of 8.2 child care assistance and are on the 8.3 waiting list for basic sliding fee 8.4 child care. 8.5 (e) A county may use local 8.6 interventions for family employment 8.7 funds for that part of the match for 8.8 access to jobs federal funds that is 8.9 TANF eligible. 8.10(f) A county may use local 8.11 interventions for family employment 8.12 funds to enhance transportation choices 8.13 for eligible recipients up to 150 8.14 percent of the federal poverty 8.15 guideline. 8.16 (g) Reimbursements for child care under 8.17 paragraphs (c) and (d) shall be made to 8.18 the commissioner of children, families, 8.19 and learning. Reimbursements shall be 8.20 made quarterly through transfers under 8.21 Minnesota Statutes, section 256J.02, 8.22 subdivision 4, or direct TANF payments. 8.23 The commissioner of children, families, 8.24 and learning shall ensure that all 8.25 transferred funds are expended in 8.26 accordance with federal child care 8.27 development fund regulations. 8.28 (h) No reimbursement may be made with 8.29 respect to paragraphs (e) to (g) that 8.30 would meet the federal definition of 8.31 assistance under Code of Federal 8.32 Regulations, title 45, chapter II, part 8.33 260.31(a), as excepted by Code of 8.34 Federal Regulations, title 45, chapter 8.35 II, part 260.31(b)(7). 8.36 (i) Of the funds appropriated to the 8.37 commissioner for state fiscal year 8.38 2001, up to $5,311,000 shall be used to 8.39 reimburse the federal government for 8.40 the federal share of the child support 8.41 recoveries passed through to custodial 8.42 parents. 8.43 (j) Of the amounts in paragraph (a), 8.44 $299,000 in fiscal year 2001 is 8.45 transferred from the state's federal 8.46 TANF block grant to the state's federal 8.47 child care and development fund block 8.48 grant, and is appropriated to the 8.49 commissioner of children, families, and 8.50 learning for the purposes of Minnesota 8.51 Statutes, section 119B.05. 8.52 (k) When preparing the governor's 8.53 budget for the 2002-2003 biennium, the 8.54 commissioner of finance shall ensure 8.55 that the base-level funding for the 8.56 local interventions for family 8.57 employment includes $22,000,000 in 8.58 fiscal year 2002 and $22,000,000 in 8.59 fiscal year 2003. These appropriations 8.60 shall not become part of the base for 8.61 the 2004-2005 biennium. 8.62 [EXTENDED LEARNING INITIATIVE.] (a) For 8.63 fiscal year 2001, the commissioner 9.1 shall use $10,000,000 of the general 9.2 funds appropriated under Laws 1999, 9.3 chapter 245, article 1, section 2, 9.4 subdivision 10, for the extended 9.5 learning initiative. Under the 9.6 extended learning initiative, grants 9.7 shall be provided on a competitive 9.8 basis to community or nonprofit 9.9 organizations, political subdivisions, 9.10 or school-based programs for the 9.11 purpose of establishing or expanding 9.12 after-school and summer school programs 9.13 to assist low-income children and 9.14 families. The commissioner shall 9.15 emphasize to the entities that are 9.16 implementing this program the 9.17 importance of not separating or 9.18 stigmatizing children who are 9.19 participating in this program. 9.20 (b) Of the amount in paragraph (a), at 9.21 least $700,000 is for the commissioner 9.22 to transfer to the commissioner of 9.23 children, families, and learning to 9.24 reinstate funding for after-school 9.25 enrichment grants under Laws 1996, 9.26 chapter 412, article 4, section 30, as 9.27 follows: at least $500,000 to the 9.28 Whittier and Phillips neighborhoods and 9.29 at least $200,000 to the Lyndale 9.30 neighborhood. This appropriation is 9.31 available until expended. 9.32 (c) Grants must not supplant any 9.33 existing program funding targeted at a 9.34 similar population and must be used to 9.35 provide high-quality, academic-based 9.36 after-school and summer school 9.37 educational services to TANF-eligible 9.38 students to enable their parents to 9.39 participate in training or employment 9.40 activities. Grant recipients must 9.41 demonstrate that their program will: 9.42 (1) provide low-income students with a 9.43 high-quality, extended learning program 9.44 that has clear, measurable goals and 9.45 includes an assessment of each 9.46 student's knowledge before and after 9.47 participation in the program; and 9.48 (2) include a parent and family 9.49 involvement component with 9.50 supplementary materials and activities, 9.51 and a measurement of parental 9.52 involvement for participating students 9.53 and the parent's level of satisfaction 9.54 with the program's content and results. 9.55 (d) This appropriation shall not become 9.56 part of the base for the 2002-2003 9.57 biennium. 9.58 [TANF MAINTENANCE OF EFFORT TRANSFERS 9.59 TO MINNESOTA HOUSING FINANCE AGENCY.] 9.60 (a) By June 30, 2001, the commissioner 9.61 shall transfer $54,500,000 of the 9.62 general funds appropriated under Laws 9.63 1999, chapter 245, article 1, section 9.64 2, subdivision 10, to the Minnesota 9.65 housing finance agency for transfer to 10.1 the housing development fund. Up to 10.2 $25,800,000 may be transferred in 10.3 fiscal year 2000. 10.4 (b) Of the funds transferred in 10.5 paragraph (a), $5,000,000 in fiscal 10.6 year 2001 and $10,000,000 in fiscal 10.7 year 2002 is for a loan to Habitat for 10.8 Humanity of Minnesota, Inc. The loan 10.9 shall be an interest-free deferred 10.10 loan. The loan shall become due and 10.11 payable in the event and to the extent 10.12 that Habitat for Humanity of Minnesota, 10.13 Inc. does not invest repayments and 10.14 prepayment of mortgage loans financed 10.15 with this appropriation in new 10.16 mortgages for additional homebuyers 10.17 through Habitat for Humanity of 10.18 Minnesota, Inc. To the extent 10.19 practicable, funding must be allocated 10.20 to Habitat for Humanity chapters on the 10.21 basis of the number of MFIP households 10.22 residing within a chapter's service 10.23 area compared to the statewide total of 10.24 MFIP households and on the basis of a 10.25 chapter's capacity. 10.26 (c) Of the funds transferred in 10.27 paragraph (a), $20,800,000 in fiscal 10.28 year 2001 and $18,700,000 in fiscal 10.29 year 2002 is for the affordable rental 10.30 investment fund program under Minnesota 10.31 Statutes, section 462A.21, subdivision 10.32 8b. To the extent practicable, the 10.33 number of units financed with the 10.34 appropriation under this paragraph 10.35 within a city, county, or region shall 10.36 reflect the number of MFIP households 10.37 residing within the city, county, or 10.38 region compared to the statewide total 10.39 of MFIP households. This appropriation 10.40 must be used to finance rental housing 10.41 units that serve families: 10.42 (1) receiving MFIP benefits under 10.43 Minnesota Statutes, section 256J.01, or 10.44 its successor program; and 10.45 (2) who have lost eligibility for MFIP 10.46 due to increased income from employment. 10.47 Units produced with this appropriation 10.48 must remain affordable for a 30-year 10.49 period. 10.50 In order to coordinate the availability 10.51 of housing developed with the 10.52 appropriation under this paragraph with 10.53 MFIP families in need of affordable 10.54 housing, the commissioner, with the 10.55 assistance of the commissioner of human 10.56 services, shall establish cooperative 10.57 relationships with county agencies as 10.58 defined in Minnesota Statutes, section 10.59 256J.08, local employment and training 10.60 service providers as defined in 10.61 Minnesota Statutes, section 256J.49, 10.62 local social service agencies, or other 10.63 organizations that provide assistance 10.64 to MFIP households. 11.1 The commissioner shall develop 11.2 strategies to promote occupancy of the 11.3 units financed by the appropriation 11.4 under this paragraph by households most 11.5 in need of subsidized housing. The 11.6 strategies shall include provisions 11.7 that encourage households to move into 11.8 homeownership or unsubsidized housing 11.9 as the household secures stable 11.10 employment and achieves 11.11 self-sufficiency. The commissioner 11.12 shall consult with interested parties 11.13 in developing these strategies. 11.14 (d) The commissioner of the Minnesota 11.15 housing finance agency and the 11.16 commissioner of human services shall 11.17 jointly prepare and submit a report to 11.18 the governor and the legislature on the 11.19 results of the funding provided under 11.20 this section. The report shall include: 11.21 (1) information on the number of units 11.22 produced; 11.23 (2) the household size and income of 11.24 the occupants of the units at initial 11.25 occupancy; and 11.26 (3) to the extent the information is 11.27 available, measures related to the 11.28 occupants' attachment to the workforce 11.29 and public assistance usage, and number 11.30 of occupant moves. 11.31 The report must be submitted annually 11.32 beginning January 15, 2003. 11.33 This subdivision is effective the day 11.34 following final enactment. 11.35 [TANF TRANSFER TO SOCIAL SERVICES.] 11.36 $10,000,000 is transferred from the 11.37 state's federal TANF block grant to the 11.38 state's federal Title XX block grant 11.39 for purposes of increasing services for 11.40 families with children whose incomes 11.41 are at or below 200 percent of the 11.42 federal poverty guidelines. 11.43 [WORKING FAMILY CREDIT.] (a) On a 11.44 regular basis, the commissioner of 11.45 revenue, with the assistance of the 11.46 commissioner of human services, shall 11.47 calculate the value of the refundable 11.48 portion of the Minnesota working family 11.49 credits provided under Minnesota 11.50 Statutes, section 290.0671, that 11.51 qualify for federal reimbursement from 11.52 the temporary assistance to needy 11.53 families block grant. The commissioner 11.54 of revenue shall provide the 11.55 commissioner of human services with 11.56 such expenditure records and 11.57 information as are necessary to support 11.58 draws of federal funds. 11.59 (b) The commissioner of human services 11.60 shall draw federal TANF funds based on 11.61 calculations under paragraph (a) of 11.62 working family tax credit expenditures 12.1 that qualify for reimbursement from the 12.2 TANF block grant for tax year 1999 12.3 income tax refunds payable in federal 12.4 fiscal year 2000. The draws shall be 12.5 made on a regular basis based on 12.6 calculations of credit expenditures by 12.7 the commissioner of revenue. During 12.8 state fiscal years 2000 to 2003, 12.9 federal TANF draws shall be limited to 12.10 the lesser of eligible TANF 12.11 expenditures, or the following 12.12 amounts: fiscal year 2000, 12.13 $33,100,000; fiscal year 2001, 12.14 $58,700,000; fiscal year 2002, 12.15 $6,500,000; and fiscal year 2003, 12.16 $11,200,000. 12.17 (c) AFDC and Other Assistance 12.18 -0- 10,734,000 12.19 (d) General Assistance 12.20 557,000 (3,134,000) 12.21 (e) Minnesota Supplemental Aid 12.22 324,000 323,000 12.23 Sec. 3. COMMISSIONER OF HEALTH 12.24 Subdivision 1. Total 12.25 Appropriation -0- 1,040,000 12.26 Summary by Fund 12.27 General -0- 1,040,000 12.28 This appropriation is added to the 12.29 appropriation in Laws 1999, chapter 12.30 245, article 1, section 3. 12.31 The amounts that may be spent from this 12.32 appropriation for each program are 12.33 specified in the following subdivisions. 12.34 Subd. 2. Health Systems 12.35 and Special Populations -0- 865,000 12.36 Summary by Fund 12.37 General -0- 865,000 12.38 [FUNERAL SERVICES COMPLAINTS.] Of the 12.39 appropriation from the general fund for 12.40 the fiscal year beginning July 1, 2000, 12.41 $75,000 is for the commissioner to 12.42 respond to complaints about funeral 12.43 services as required under Minnesota 12.44 Statutes, chapter 149A. To the extent 12.45 that resources are available, the 12.46 commissioner shall also provide 12.47 information and technical assistance to 12.48 the organizations regulated under 12.49 Minnesota Statutes, chapter 149A. The 12.50 appropriation shall not become part of 12.51 base-level funding for the 2002-2003 12.52 biennium. 12.53 [POISON INFORMATION CENTERS.] Of the 12.54 general fund appropriation for the 13.1 fiscal year beginning July 1, 2000, 13.2 $790,000 is to the commissioner for the 13.3 operation of poison information centers 13.4 authorized under Minnesota Statutes, 13.5 section 145.93. 13.6 Subd. 3. Health Protection -0- 175,000 13.7 Summary by Fund 13.8 General -0- 175,000 13.9 [SEXUALLY TRANSMITTED INFECTIONS.] Of 13.10 the general fund appropriation for the 13.11 fiscal year beginning July 1, 2000, 13.12 $175,000 is to the commissioner to 13.13 expand access to free screening and 13.14 testing for sexually transmitted 13.15 infections. The appropriation must be 13.16 used in accordance with Minnesota 13.17 Statutes, section 144.065. This is a 13.18 one-time appropriation and shall not 13.19 become part of base-level funding for 13.20 the 2002-2003 biennium. 13.21 Sec. 4. HEALTH-RELATED BOARDS 13.22 Subdivision 1. Total 13.23 Appropriation 150,000 -0- 13.24 This appropriation is added to the 13.25 appropriation in Laws 1999, chapter 13.26 205, article 1, section 5. 13.27 The appropriations in this section are 13.28 from the state government special 13.29 revenue fund. 13.30 [NO SPENDING IN EXCESS OF REVENUES.] 13.31 The commissioner of finance shall not 13.32 permit the allotment, encumbrance, or 13.33 expenditure of money appropriated in 13.34 this section in excess of the 13.35 anticipated biennial revenues or 13.36 accumulated surplus revenues from fees 13.37 collected by the boards. Neither this 13.38 provision nor Minnesota Statutes, 13.39 section 214.06, applies to transfers 13.40 from the general contingent account. 13.41 Subd. 2. BOARD OF PSYCHOLOGY 150,000 -0- 13.42 [LEGAL COSTS.] Of this appropriation, 13.43 $150,000 for the fiscal year beginning 13.44 July 1, 1999, is to the board to pay 13.45 for extraordinary legal costs. This is 13.46 a one-time appropriation and shall not 13.47 become part of base-level funding for 13.48 the 2002-2003 biennium. 13.49 Sec. 5. CARRYOVER LIMITATION 13.50 None of the appropriations in this act 13.51 which are allowed to be carried forward 13.52 from fiscal year 2000 to fiscal year 13.53 2001 shall become part of the 13.54 base-level funding for the 2002-2003 13.55 biennial budget, unless specifically 13.56 directed by the legislature. 13.57 Sec. 6. SUNSET OF UNCODIFIED LANGUAGE 14.1 All uncodified language contained in 14.2 this article expires on June 30, 2001, 14.3 unless a different expiration date is 14.4 explicit. 14.5 Sec. 7. [EFFECTIVE DATE.] 14.6 The appropriations and reductions for fiscal year 2000 in 14.7 this article are effective the day following final enactment. 14.8 ARTICLE 2 14.9 HEALTH CARE 14.10 Section 1. Minnesota Statutes 1998, section 148B.32, 14.11 subdivision 1, is amended to read: 14.12 Subdivision 1. [UNLICENSED PRACTICE PROHIBITED.] After 14.13 adoption of rules by the board implementing sections 148B.29 to 14.14 148B.39, no individual shall engage in marriage and family 14.15 therapy practice unless that individual holds a valid license 14.16 issued under sections 148B.29 to 148B.39. 14.17 Marriage and family therapists may not be reimbursed under14.18medical assistance, chapter 256B, except to the extent such care14.19is reimbursed under section 256B.0625, subdivision 5, or when14.20marriage and family therapists are employed by a managed care14.21organization with a contract to provide mental health care to14.22medical assistance enrollees, and are reimbursed through the14.23managed care organization.14.24 Sec. 2. [256.9370] [EMPLOYER-SUBSIDIZED INSURANCE 14.25 PROGRAM.] 14.26 Subdivision 1. [ESTABLISHMENT.] (a) Upon federal approval 14.27 of all necessary waivers and state plan proposals to obtain 14.28 children's health insurance program matching funds under title 14.29 XXI of the Social Security Act, the commissioner shall establish 14.30 and administer an employer-subsidized insurance program to 14.31 subsidize premiums for employer-subsidized health coverage for 14.32 eligible families with children. 14.33 (b) The commissioner may contract with a business entity or 14.34 other private organization to administer the program. 14.35 Subd. 2. [ELIGIBILITY.] Families with children between the 14.36 ages of two through 18 who meet the following criteria are 14.37 eligible for the program: 15.1 (1) the child's family gross income must be greater than 15.2 150 percent of the federal poverty guidelines but must not 15.3 exceed 200 percent of the federal poverty guidelines; 15.4 (2) the child must meet all eligibility criteria for the 15.5 MinnesotaCare program, except for the barriers to enrollment 15.6 under section 256L.07, subdivision 2; 15.7 (3) the child must be ineligible for medical assistance 15.8 under chapter 256B; 15.9 (4) the child must have access to employer-subsidized 15.10 health coverage that is cost effective as negotiated by the 15.11 commissioner and the Health Care Financing Administration; and 15.12 (5) the child must be uninsured at the time of application. 15.13 For the purpose of this section, "employer-subsidized 15.14 health coverage" or "employer-subsidized health plan" means 15.15 health coverage for which the employer pays at least 50 percent 15.16 of the cost of coverage for the employee or dependent or a 15.17 higher percentage as specified by the commissioner. 15.18 Subd. 3. [COVERAGE.] (a) Coverage under this program 15.19 includes the health care services covered under the eligible 15.20 child's employer-subsidized health plan, plus all health care 15.21 services reimbursed under chapter 256B. 15.22 (b) To be covered under this program, a health care service 15.23 must be provided by a health care provider enrolled as a 15.24 provider in the medical assistance program. 15.25 Subd. 4. [SUBSIDY.] The commissioner shall subsidize the 15.26 employee's share of the employer-subsidized health plan premium 15.27 that is attributable to dependent coverage, minus any premium 15.28 calculated under subdivision 6. 15.29 Subd. 5. [REIMBURSEMENT TO THE HEALTH CARE PROVIDER.] (a) 15.30 Payment for services that are not covered under the 15.31 employer-subsidized health plan shall be reimbursed at the same 15.32 rate and conditions established for fee-for-service under 15.33 medical assistance. 15.34 (b) Payment for services covered under the 15.35 employer-subsidized health plan shall be reimbursed in 15.36 accordance with section 256B.37, subdivision 5a. 16.1 (c) The employer-subsidized health plan shall be considered 16.2 the primary payer to the extent that the services provided are 16.3 covered under the health plan. 16.4 Subd. 6. [PREMIUMS.] Families with children who are 16.5 eligible for the program shall pay a premium determined 16.6 according to a sliding fee scale established by the commissioner 16.7 that is equal to one-half of the sliding fee scale defined in 16.8 section 256L.15, subdivision 2. 16.9 Subd. 7. [APPLICATION.] Applicants may apply to the 16.10 commissioner, to a local county human services agency that 16.11 determines eligibility for the MinnesotaCare program, to the 16.12 licensed insurance broker who provides employee benefits to the 16.13 applicant's employer or to the employer's human resources 16.14 personnel. The licensed insurance broker or the employer's 16.15 human resources personnel shall accept applications and forward 16.16 them to the commissioner for processing. 16.17 Sec. 3. Minnesota Statutes 1998, section 256.955, 16.18 subdivision 2, is amended to read: 16.19 Subd. 2. [DEFINITIONS.] (a) For purposes of this section, 16.20 the following definitions apply. 16.21 (b) "Health plan" has the meaning provided in section 16.22 62Q.01, subdivision 3. 16.23 (c) "Health plan company" has the meaning provided in 16.24 section 62Q.01, subdivision 4. 16.25 (d) "Qualifiedsenior citizenindividual" means an 16.26 individualage 65 or olderwho:meets the requirements described 16.27 in subdivision 2a. 16.28(1) is eligible as a qualified Medicare beneficiary16.29according to section 256B.057, subdivision 3 or 3a, or is16.30eligible under section 256B.057, subdivision 3 or 3a, and is16.31also eligible for medical assistance or general assistance16.32medical care with a spenddown as defined in section 256B.056,16.33subdivision 5. Persons who are determined eligible for medical16.34assistance according to section 256B.0575, who are eligible for16.35medical assistance or general assistance medical care without a16.36spenddown, or who are enrolled in MinnesotaCare, are not17.1eligible for this program;17.2(2) is not enrolled in prescription drug coverage under a17.3health plan;17.4(3) is not enrolled in prescription drug coverage under a17.5Medicare supplement plan, as defined in sections 62A.31 to17.662A.44, or policies, contracts, or certificates that supplement17.7Medicare issued by health maintenance organizations or those17.8policies, contracts, or certificates governed by section 1833 or17.91876 of the federal Social Security Act, United States Code,17.10title 42, section 1395, et seq., as amended;17.11(4) has not had coverage described in clauses (2) and (3)17.12for at least four months prior to application for the program;17.13and17.14(5) is a permanent resident of Minnesota as defined in17.15section 256L.09.17.16 Sec. 4. Minnesota Statutes 1998, section 256.955, is 17.17 amended by adding a subdivision to read: 17.18 Subd. 2a. [ELIGIBILITY.] (a) To be eligible for the 17.19 prescription drug program, an applicant must satisfy the 17.20 following requirements: 17.21 (1) is at least 65 years of age or older; 17.22 (2) has a household income that does not exceed 125 percent 17.23 of the federal poverty guidelines for family size using the 17.24 income methodologies for the supplemental security income 17.25 program; 17.26 (3) must not individually own more than $12,000 in assets, 17.27 or as a married couple own more than $24,000 in assets using the 17.28 asset methodologies for the supplemental security income 17.29 program; 17.30 (4) is not enrolled in prescription drug coverage under a 17.31 health plan; 17.32 (5) is not enrolled in prescription drug coverage under a 17.33 Medicare supplement plan, as defined in sections 62A.31 to 17.34 62A.44, or policies, contracts, or certificates that supplement 17.35 Medicare issued by health maintenance organizations or those 17.36 policies, contracts, or certificates governed by section 1833 or 18.1 1876 of the federal Social Security Act, United States Code, 18.2 title 42, section 1395, et seq., as amended; 18.3 (6) has not had coverage described in clauses (4) and (5) 18.4 for at least four months prior to application for the program; 18.5 and 18.6 (7) is a permanent resident of Minnesota as defined in 18.7 section 256L.09. 18.8 (b) Individuals who are determined eligible for medical 18.9 assistance according to section 256B.0575, who are eligible for 18.10 medical assistance or general assistance medical care without a 18.11 spenddown, or who are enrolled in MinnesotaCare, are not 18.12 eligible for this program. 18.13 Sec. 5. Minnesota Statutes 1999 Supplement, section 18.14 256B.056, subdivision 4, is amended to read: 18.15 Subd. 4. [INCOME.] To be eligible for medical assistance, 18.16 a person eligible under section 256B.055, subdivision 7, not 18.17 receiving supplemental security income program payments, and 18.18 families and children may have an income up to 133-1/3 percent 18.19 of the AFDC income standard in effect under the July 16, 1996, 18.20 AFDC state plan. Effective July 1, 2000, the base AFDC standard 18.21 in effect on July 16, 1996, shall be increased by three percent. 18.22 Effective January 1, 2000, and each successive January, 18.23 recipients of supplemental security income may have an income up 18.24 to the supplemental security income standard in effect on that 18.25 date. Effective January 1, 2001, the base AFDC standard in 18.26 effect on that date shall be increased by a percentage equal to 18.27 the percent change in the Consumer Price Index for all urban 18.28 consumers for the previous October compared to one year 18.29 earlier. In computing income to determine eligibility of 18.30 persons who are not residents of long-term care facilities, the 18.31 commissioner shall disregard increases in income as required by 18.32 Public Law Numbers 94-566, section 503; 99-272; and 99-509. 18.33 Veterans aid and attendance benefits and Veterans Administration 18.34 unusual medical expense payments are considered income to the 18.35 recipient. 18.36 Sec. 6. Minnesota Statutes 1999 Supplement, section 19.1 256B.0625, subdivision 13, is amended to read: 19.2 Subd. 13. [DRUGS.] (a) Medical assistance covers drugs, 19.3 except for fertility drugs when specifically used to enhance 19.4 fertility, if prescribed by a licensed practitioner and 19.5 dispensed by a licensed pharmacist, by a physician enrolled in 19.6 the medical assistance program as a dispensing physician, or by 19.7 a physician or a nurse practitioner employed by or under 19.8 contract with a community health board as defined in section 19.9 145A.02, subdivision 5, for the purposes of communicable disease 19.10 control. The commissioner, after receiving recommendations from 19.11 professional medical associations and professional pharmacist 19.12 associations, shall designate a formulary committee to advise 19.13 the commissioner on the names of drugs for which payment is 19.14 made, recommend a system for reimbursing providers on a set fee 19.15 or charge basis rather than the present system, and develop 19.16 methods encouraging use of generic drugs when they are less 19.17 expensive and equally effective as trademark drugs. The 19.18 formulary committee shall consist of nine members, four of whom 19.19 shall be physicians who are not employed by the department of 19.20 human services, and a majority of whose practice is for persons 19.21 paying privately or through health insurance, three of whom 19.22 shall be pharmacists who are not employed by the department of 19.23 human services, and a majority of whose practice is for persons 19.24 paying privately or through health insurance, a consumer 19.25 representative, and a nursing home representative. Committee 19.26 members shall serve three-year terms and shall serve without 19.27 compensation. Members may be reappointed once. 19.28 (b) The commissioner shall establish a drug formulary. Its 19.29 establishment and publication shall not be subject to the 19.30 requirements of the Administrative Procedure Act, but the 19.31 formulary committee shall review and comment on the formulary 19.32 contents. The formulary committee shall review and recommend 19.33 drugs which require prior authorization. The formulary 19.34 committee may recommend drugs for prior authorization directly 19.35 to the commissioner, as long as opportunity for public input is 19.36 provided. Prior authorization may be requested by the 20.1 commissioner based on medical and clinical criteria before 20.2 certain drugs are eligible for payment. Before a drug may be 20.3 considered for prior authorization at the request of the 20.4 commissioner: 20.5 (1) the drug formulary committee must develop criteria to 20.6 be used for identifying drugs; the development of these criteria 20.7 is not subject to the requirements of chapter 14, but the 20.8 formulary committee shall provide opportunity for public input 20.9 in developing criteria; 20.10 (2) the drug formulary committee must hold a public forum 20.11 and receive public comment for an additional 15 days; and 20.12 (3) the commissioner must provide information to the 20.13 formulary committee on the impact that placing the drug on prior 20.14 authorization will have on the quality of patient care and 20.15 information regarding whether the drug is subject to clinical 20.16 abuse or misuse. Prior authorization may be required by the 20.17 commissioner before certain formulary drugs are eligible for 20.18 payment. The formulary shall not include: 20.19 (i) drugs or products for which there is no federal 20.20 funding; 20.21 (ii) over-the-counter drugs, except for antacids, 20.22 acetaminophen, family planning products, aspirin, insulin, 20.23 products for the treatment of lice, vitamins for adults with 20.24 documented vitamin deficiencies, vitamins for children under the 20.25 age of seven and pregnant or nursing women, and any other 20.26 over-the-counter drug identified by the commissioner, in 20.27 consultation with the drug formulary committee, as necessary, 20.28 appropriate, and cost-effective for the treatment of certain 20.29 specified chronic diseases, conditions or disorders, and this 20.30 determination shall not be subject to the requirements of 20.31 chapter 14; 20.32 (iii) anorectics, except that medically necessary 20.33 anorectics shall be covered for a recipient previously diagnosed 20.34 as having pickwickian syndrome and currently diagnosed as having 20.35 diabetes and being morbidly obese; 20.36 (iv) drugs for which medical value has not been 21.1 established; and 21.2 (v) drugs from manufacturers who have not signed a rebate 21.3 agreement with the Department of Health and Human Services 21.4 pursuant to section 1927 of title XIX of the Social Security Act. 21.5 The commissioner shall publish conditions for prohibiting 21.6 payment for specific drugs after considering the formulary 21.7 committee's recommendations. 21.8 (c) The basis for determining the amount of payment shall 21.9 be the lower of the actual acquisition costs of the drugs plus a 21.10 fixed dispensing fee; the maximum allowable cost set by the 21.11 federal government or by the commissioner plus the fixed 21.12 dispensing fee; or the usual and customary price charged to the 21.13 public. The pharmacy dispensing fee shall be $4.65 for 21.14 independent pharmacies that are the only pharmacy located within 21.15 a United States postal zip code area in Minnesota and $3.65 for 21.16 all other pharmacies. Actual acquisition cost includes quantity 21.17 and other special discounts except time and cash discounts. The 21.18 actual acquisition cost of a drug shall be estimated by the 21.19 commissioner, at average wholesale price minus nine percent. 21.20 The maximum allowable cost of a multisource drug may be set by 21.21 the commissioner and it shall be comparable to, but no higher 21.22 than, the maximum amount paid by other third-party payors in 21.23 this state who have maximum allowable cost programs. The 21.24 commissioner shall set maximum allowable costs for multisource 21.25 drugs that are not on the federal upper limit list as described 21.26 in United States Code, title 42, chapter 7, section 1396r-8(e), 21.27 the Social Security Act, and Code of Federal Regulations, title 21.28 42, part 447, section 447.332. Establishment of the amount of 21.29 payment for drugs shall not be subject to the requirements of 21.30 the Administrative Procedure Act. An additional dispensing fee 21.31 of $.30 may be added to the dispensing fee paid to pharmacists 21.32 for legend drug prescriptions dispensed to residents of 21.33 long-term care facilities when a unit dose blister card system, 21.34 approved by the department, is used. Under this type of 21.35 dispensing system, the pharmacist must dispense a 30-day supply 21.36 of drug. The National Drug Code (NDC) from the drug container 22.1 used to fill the blister card must be identified on the claim to 22.2 the department. The unit dose blister card containing the drug 22.3 must meet the packaging standards set forth in Minnesota Rules, 22.4 part 6800.2700, that govern the return of unused drugs to the 22.5 pharmacy for reuse. The pharmacy provider will be required to 22.6 credit the department for the actual acquisition cost of all 22.7 unused drugs that are eligible for reuse. Over-the-counter 22.8 medications must be dispensed in the manufacturer's unopened 22.9 package. The commissioner may permit the drug clozapine to be 22.10 dispensed in a quantity that is less than a 30-day supply. 22.11 Whenever a generically equivalent product is available, payment 22.12 shall be on the basis of the actual acquisition cost of the 22.13 generic drug, unless the prescriber specifically indicates 22.14 "dispense as written - brand necessary" on the prescription as 22.15 required by section 151.21, subdivision 2. 22.16 (d) For purposes of this subdivision, "multisource drugs" 22.17 means covered outpatient drugs, excluding innovator multisource 22.18 drugs for which there are two or more drug products, which: 22.19 (1) are related as therapeutically equivalent under the 22.20 Food and Drug Administration's most recent publication of 22.21 "Approved Drug Products with Therapeutic Equivalence 22.22 Evaluations"; 22.23 (2) are pharmaceutically equivalent and bioequivalent as 22.24 determined by the Food and Drug Administration; and 22.25 (3) are sold or marketed in Minnesota. 22.26 "Innovator multisource drug" means a multisource drug that was 22.27 originally marketed under an original new drug application 22.28 approved by the Food and Drug Administration. 22.29 EFFECTIVE DATE: This section is effective for 22.30 prescriptions dispensed on or after July 1, 2000. 22.31 Sec. 7. Minnesota Statutes 1998, section 256B.0625, is 22.32 amended by adding a subdivision to read: 22.33 Subd. 41. [MENTAL HEALTH PROFESSIONAL.] Notwithstanding 22.34 Minnesota Rules, part 9505.0175, subpart 28, the definition of a 22.35 mental health professional shall include a person who is 22.36 qualified as specified in section 245.462, subdivision 18, 23.1 clause (5); or 245.4871, subdivision 27, clause (5), for the 23.2 purpose of this section and Minnesota Rules, parts 9505.0170 to 23.3 9505.0475. 23.4 Sec. 8. Minnesota Statutes 1999 Supplement, section 23.5 256B.69, subdivision 5b, is amended to read: 23.6 Subd. 5b. [PROSPECTIVE REIMBURSEMENT RATES.] (a) For 23.7 prepaid medical assistance and general assistance medical care 23.8 program contract rates set by the commissioner under subdivision 23.9 5 and effective on or after January 1, 1998, capitation rates 23.10 for nonmetropolitan counties shall on a weighted average be no 23.11 less than 88 percent of the capitation rates for metropolitan 23.12 counties, excluding Hennepin county. The commissioner shall 23.13 make a pro rata adjustment in capitation rates paid to counties 23.14 other than nonmetropolitan counties in order to make this 23.15 provision budget neutral. 23.16 (b) For prepaid medical assistance program contract rates 23.17 set by the commissioner under subdivision 5 and effective on or 23.18 after January 1, 2001, capitation rates for nonmetropolitan 23.19 counties shall, on a weighted average, be no less than8990 23.20 percent of the capitation rates for metropolitan counties, 23.21 excluding Hennepin county. 23.22 Sec. 9. Minnesota Statutes 1999 Supplement, section 23.23 256B.69, subdivision 5c, is amended to read: 23.24 Subd. 5c. [MEDICAL EDUCATION AND RESEARCH FUND.] (a) 23.25 Beginning in January 1999 and each year thereafter: 23.26 (1) the commissioner of human services shall transfer an 23.27 amount equal to the reduction in the prepaid medical assistance 23.28 and prepaid general assistance medical care payments resulting 23.29 from clause (2), excluding nursing facility and elderly waiver 23.30 payments and demonstration projects operating under subdivision 23.31 23, to the medical education and research fund established under 23.32 section 62J.692; 23.33 (2) until January 1, 2002, the county medical assistance 23.34 and general assistance medical care capitation base rate prior 23.35 to plan specific adjustments shall be reduced five percent for 23.36 Hennepin county, 1.5 percent for the remaining metropolitan 24.1 counties, and no reduction for nonmetropoitan Minnesota 24.2 counties; and after January 1, 2002, the county medical 24.3 assistance and general assistance medical care capitation base 24.4 rate prior to plan specific adjustments shall be reduced 6.3 24.5 percent for Hennepin county, two percent for the remaining 24.6 metropolitan counties, and 1.6 percent for nonmetropolitan 24.7 Minnesota counties; and 24.8 (3) the amount calculated under clause (1) shall not be 24.9 adjusted for subsequent changes to the capitation payments for 24.10 periods already paid. 24.11 (b) This subdivision shall be effective upon approval of a 24.12 federal waiver which allows federal financial participation in 24.13 the medical education and research fund. 24.14 Sec. 10. Minnesota Statutes 1998, section 256B.69, 24.15 subdivision 5d, is amended to read: 24.16 Subd. 5d. [MODIFICATION OF PAYMENT DATES EFFECTIVE JANUARY 24.17 1, 2001.] Effective for services rendered on or after January 1, 24.18 2001, capitation payments under this section and under section 24.19 256D.03 for services provided in the month of June shall be made 24.20 no earlier than the first day after the month of service. 24.21 Sec. 11. Minnesota Statutes 1998, section 256L.01, 24.22 subdivision 4, is amended to read: 24.23 Subd. 4. [GROSS INDIVIDUAL OR GROSS FAMILY INCOME.] 24.24 (a) "Gross individual or gross family income" forfarm and24.25 nonfarm self-employed means income calculated using as the 24.26 baseline the adjusted gross income reported on the applicant's 24.27 federal income tax form for the previous year and adding back in 24.28 reported depreciation, carryover loss, and net operating loss 24.29 amounts that apply to the business in which the family is 24.30 currently engaged. 24.31 (b) "Gross individual or gross family income" for farm 24.32 self-employed means income calculated using as the baseline the 24.33 adjusted gross income reported on the applicant's federal income 24.34 tax form for the previous year and adding back in reported 24.35 depreciation amounts that apply to the business in which the 24.36 family is currently engaged. 25.1 (c) Applicants shall report the most recent financial 25.2 situation of the family if it has changed from the period of 25.3 time covered by the federal income tax form. The report may be 25.4 in the form of percentage increase or decrease. 25.5 EFFECTIVE DATE: This section is effective July 1, 2000, or 25.6 upon receipt of federal approval, whichever is later. 25.7 Sec. 12. Minnesota Statutes 1998, section 256L.04, 25.8 subdivision 7, is amended to read: 25.9 Subd. 7. [SINGLE ADULTS AND HOUSEHOLDS WITH NO CHILDREN.] 25.10 (a) The definition of eligible persons includes all individuals 25.11 and households with no children who have gross family incomes 25.12 that are equal to or less than 175 percent of the federal 25.13 poverty guidelines. 25.14 (b) An individual who: 25.15 (1) is at least 18 years of age and no older than 23 years 25.16 of age; 25.17 (2) resides with a parent; and 25.18 (3) is a full-time student or employed on a full-time basis 25.19 is eligible for MinnesotaCare as a single adult under this 25.20 subdivision. 25.21 Only the income of the individual shall be considered when 25.22 determining eligibility. 25.23 EFFECTIVE DATE: This section is effective January 1, 2001, 25.24 or upon federal approval, whichever is later. 25.25 Sec. 13. Minnesota Statutes 1999 Supplement, section 25.26 256L.07, subdivision 3, is amended to read: 25.27 Subd. 3. [OTHER HEALTH COVERAGE.] (a) Families and 25.28 individuals enrolled in the MinnesotaCare program must have no 25.29 health coverage while enrolled or for at least four months prior 25.30 to application and renewal. Children enrolled in the original 25.31 children's health plan and children in families with income 25.32 equal to or less than 150 percent of the federal poverty 25.33 guidelines, who have other health insurance, are eligible if the 25.34 coverage: 25.35 (1) lacks two or more of the following: 25.36 (i) basic hospital insurance; 26.1 (ii) medical-surgical insurance; 26.2 (iii) prescription drug coverage; 26.3 (iv) dental coverage; or 26.4 (v) vision coverage; 26.5 (2) requires a deductible of $100 or more per person per 26.6 year; or 26.7 (3) lacks coverage because the child has exceeded the 26.8 maximum coverage for a particular diagnosis or the policy 26.9 excludes a particular diagnosis. 26.10 The commissioner may change this eligibility criterion for 26.11 sliding scale premiums in order to remain within the limits of 26.12 available appropriations. The requirement of no health coverage 26.13 does not apply to newborns. 26.14 (b) Medical assistance, general assistance medical care, 26.15 and civilian health and medical program of the uniformed 26.16 service, CHAMPUS, are not considered insurance or health 26.17 coverage for purposes of the four-month requirement described in 26.18 this subdivision. 26.19 (c) For purposes of this subdivision, Medicare Part A or B 26.20 coverage under title XVIII of the Social Security Act, United 26.21 States Code, title 42, sections 1395c to 1395w-4, is considered 26.22 health coverage. An applicant or enrollee may not refuse 26.23 Medicare coverage to establish eligibility for MinnesotaCare. 26.24 (d) Applicants who were recipients of medical assistance or 26.25 general assistance medical care within one month of application 26.26 must meet the provisions of this subdivision and subdivision 2. 26.27 (e) Individuals who lose their employment and their 26.28 employer-subsidized health insurance at a nursing facility as 26.29 the result of a closure approved under section 256B.436, are 26.30 exempt from the four-month time period established in paragraph 26.31 (a). 26.32 Sec. 14. [APPLICATION FORMULA FOR THE PRESCRIPTION DRUG 26.33 PROGRAM.] 26.34 The commissioner of human services shall develop an 26.35 application form for the prescription drug program that does not 26.36 exceed one page in length, and which: 27.1 (1) allows the use of information from an applicant's state 27.2 income tax form to determine eligibility; and 27.3 (2) requests information on monthly medical expenses and 27.4 assets to determine potential eligibility for medical assistance 27.5 or general assistance medical care. The commissioner shall make 27.6 this form available to applicants by January 1, 2001. 27.7 Sec. 15. [NOTICE TO EMPLOYEES.] 27.8 Prior to closure of a facility under Minnesota Statutes, 27.9 section 256B.436, the nursing facility shall provide each person 27.10 scheduled to lose employment and employer-subsidized health 27.11 insurance as a result of the closure with: 27.12 (1) a notice regarding the provisions of section 256L.07, 27.13 subdivision 3, paragraph (e); 27.14 (2) a letter stating that the person is losing employment 27.15 as the result of a closure under an approved plan under 27.16 Minnesota Statutes, section 256B.436; and 27.17 (3) a notice that providing a copy of the letter with the 27.18 MinnesotaCare application will expedite enrollment in 27.19 MinnesotaCare. 27.20 Sec. 16. [INSTRUCTION TO REVISOR.] 27.21 The revisor of statutes shall change the phrase "senior 27.22 citizen drug program" wherever it appears in the next edition of 27.23 Minnesota Statutes and Minnesota Rules to "prescription drug 27.24 program." 27.25 Sec. 17. [EFFECTIVE DATE.] 27.26 Section 2 is effective 90 days after receipt of all 27.27 necessary federal approval or July 1, 2001, whichever is later. 27.28 Sections 13 and 15 are effective the day following final 27.29 enactment if S.F. No. 3198 is enacted. 27.30 ARTICLE 3 27.31 LONG-TERM CARE 27.32 Section 1. Minnesota Statutes 1998, section 144A.071, 27.33 subdivision 4a, is amended to read: 27.34 Subd. 4a. [EXCEPTIONS FOR REPLACEMENT BEDS.] It is in the 27.35 best interest of the state to ensure that nursing homes and 27.36 boarding care homes continue to meet the physical plant 28.1 licensing and certification requirements by permitting certain 28.2 construction projects. Facilities should be maintained in 28.3 condition to satisfy the physical and emotional needs of 28.4 residents while allowing the state to maintain control over 28.5 nursing home expenditure growth. 28.6 The commissioner of health in coordination with the 28.7 commissioner of human services, may approve the renovation, 28.8 replacement, upgrading, or relocation of a nursing home or 28.9 boarding care home, under the following conditions: 28.10 (a) to license or certify beds in a new facility 28.11 constructed to replace a facility or to make repairs in an 28.12 existing facility that was destroyed or damaged after June 30, 28.13 1987, by fire, lightning, or other hazard provided: 28.14 (i) destruction was not caused by the intentional act of or 28.15 at the direction of a controlling person of the facility; 28.16 (ii) at the time the facility was destroyed or damaged the 28.17 controlling persons of the facility maintained insurance 28.18 coverage for the type of hazard that occurred in an amount that 28.19 a reasonable person would conclude was adequate; 28.20 (iii) the net proceeds from an insurance settlement for the 28.21 damages caused by the hazard are applied to the cost of the new 28.22 facility or repairs; 28.23 (iv) the new facility is constructed on the same site as 28.24 the destroyed facility or on another site subject to the 28.25 restrictions in section 144A.073, subdivision 5; 28.26 (v) the number of licensed and certified beds in the new 28.27 facility does not exceed the number of licensed and certified 28.28 beds in the destroyed facility; and 28.29 (vi) the commissioner determines that the replacement beds 28.30 are needed to prevent an inadequate supply of beds. 28.31 Project construction costs incurred for repairs authorized under 28.32 this clause shall not be considered in the dollar threshold 28.33 amount defined in subdivision 2; 28.34 (b) to license or certify beds that are moved from one 28.35 location to another within a nursing home facility, provided the 28.36 total costs of remodeling performed in conjunction with the 29.1 relocation of beds does not exceed $750,000; 29.2 (c) to license or certify beds in a project recommended for 29.3 approval under section 144A.073; 29.4 (d) to license or certify beds that are moved from an 29.5 existing state nursing home to a different state facility, 29.6 provided there is no net increase in the number of state nursing 29.7 home beds; 29.8 (e) to certify and license as nursing home beds boarding 29.9 care beds in a certified boarding care facility if the beds meet 29.10 the standards for nursing home licensure, or in a facility that 29.11 was granted an exception to the moratorium under section 29.12 144A.073, and if the cost of any remodeling of the facility does 29.13 not exceed $750,000. If boarding care beds are licensed as 29.14 nursing home beds, the number of boarding care beds in the 29.15 facility must not increase beyond the number remaining at the 29.16 time of the upgrade in licensure. The provisions contained in 29.17 section 144A.073 regarding the upgrading of the facilities do 29.18 not apply to facilities that satisfy these requirements; 29.19 (f) to license and certify up to 40 beds transferred from 29.20 an existing facility owned and operated by the Amherst H. Wilder 29.21 Foundation in the city of St. Paul to a new unit at the same 29.22 location as the existing facility that will serve persons with 29.23 Alzheimer's disease and other related disorders. The transfer 29.24 of beds may occur gradually or in stages, provided the total 29.25 number of beds transferred does not exceed 40. At the time of 29.26 licensure and certification of a bed or beds in the new unit, 29.27 the commissioner of health shall delicense and decertify the 29.28 same number of beds in the existing facility. As a condition of 29.29 receiving a license or certification under this clause, the 29.30 facility must make a written commitment to the commissioner of 29.31 human services that it will not seek to receive an increase in 29.32 its property-related payment rate as a result of the transfers 29.33 allowed under this paragraph; 29.34 (g) to license and certify nursing home beds to replace 29.35 currently licensed and certified boarding care beds which may be 29.36 located either in a remodeled or renovated boarding care or 30.1 nursing home facility or in a remodeled, renovated, newly 30.2 constructed, or replacement nursing home facility within the 30.3 identifiable complex of health care facilities in which the 30.4 currently licensed boarding care beds are presently located, 30.5 provided that the number of boarding care beds in the facility 30.6 or complex are decreased by the number to be licensed as nursing 30.7 home beds and further provided that, if the total costs of new 30.8 construction, replacement, remodeling, or renovation exceed ten 30.9 percent of the appraised value of the facility or $200,000, 30.10 whichever is less, the facility makes a written commitment to 30.11 the commissioner of human services that it will not seek to 30.12 receive an increase in its property-related payment rate by 30.13 reason of the new construction, replacement, remodeling, or 30.14 renovation. The provisions contained in section 144A.073 30.15 regarding the upgrading of facilities do not apply to facilities 30.16 that satisfy these requirements; 30.17 (h) to license as a nursing home and certify as a nursing 30.18 facility a facility that is licensed as a boarding care facility 30.19 but not certified under the medical assistance program, but only 30.20 if the commissioner of human services certifies to the 30.21 commissioner of health that licensing the facility as a nursing 30.22 home and certifying the facility as a nursing facility will 30.23 result in a net annual savings to the state general fund of 30.24 $200,000 or more; 30.25 (i) to certify, after September 30, 1992, and prior to July 30.26 1, 1993, existing nursing home beds in a facility that was 30.27 licensed and in operation prior to January 1, 1992; 30.28 (j) to license and certify new nursing home beds to replace 30.29 beds in a facility acquired by the Minneapolis community 30.30 development agency as part of redevelopment activities in a city 30.31 of the first class, provided the new facility is located within 30.32 three miles of the site of the old facility. Operating and 30.33 property costs for the new facility must be determined and 30.34 allowed under section 256B.431 or 256B.434; 30.35 (k) to license and certify up to 20 new nursing home beds 30.36 in a community-operated hospital and attached convalescent and 31.1 nursing care facility with 40 beds on April 21, 1991, that 31.2 suspended operation of the hospital in April 1986. The 31.3 commissioner of human services shall provide the facility with 31.4 the same per diem property-related payment rate for each 31.5 additional licensed and certified bed as it will receive for its 31.6 existing 40 beds; 31.7 (l) to license or certify beds in renovation, replacement, 31.8 or upgrading projects as defined in section 144A.073, 31.9 subdivision 1, so long as the cumulative total costs of the 31.10 facility's remodeling projects do not exceed $750,000; 31.11 (m) to license and certify beds that are moved from one 31.12 location to another for the purposes of converting up to five 31.13 four-bed wards to single or double occupancy rooms in a nursing 31.14 home that, as of January 1, 1993, was county-owned and had a 31.15 licensed capacity of 115 beds; 31.16 (n) to allow a facility that on April 16, 1993, was a 31.17 106-bed licensed and certified nursing facility located in 31.18 Minneapolis to layaway all of its licensed and certified nursing 31.19 home beds. These beds may be relicensed and recertified in a 31.20 newly-constructed teaching nursing home facility affiliated with 31.21 a teaching hospital upon approval by the legislature. The 31.22 proposal must be developed in consultation with the interagency 31.23 committee on long-term care planning. The beds on layaway 31.24 status shall have the same status as voluntarily delicensed and 31.25 decertified beds, except that beds on layaway status remain 31.26 subject to the surcharge in section 256.9657. This layaway 31.27 provision expires July 1, 1998; 31.28 (o) to allow a project which will be completed in 31.29 conjunction with an approved moratorium exception project for a 31.30 nursing home in southern Cass county and which is directly 31.31 related to that portion of the facility that must be repaired, 31.32 renovated, or replaced, to correct an emergency plumbing problem 31.33 for which a state correction order has been issued and which 31.34 must be corrected by August 31, 1993; 31.35 (p) to allow a facility that on April 16, 1993, was a 31.36 368-bed licensed and certified nursing facility located in 32.1 Minneapolis to layaway, upon 30 days prior written notice to the 32.2 commissioner, up to 30 of the facility's licensed and certified 32.3 beds by converting three-bed wards to single or double 32.4 occupancy. Beds on layaway status shall have the same status as 32.5 voluntarily delicensed and decertified beds except that beds on 32.6 layaway status remain subject to the surcharge in section 32.7 256.9657, remain subject to the license application and renewal 32.8 fees under section 144A.07 and shall be subject to a $100 per 32.9 bed reactivation fee. In addition, at any time within three 32.10 years of the effective date of the layaway, the beds on layaway 32.11 status may be: 32.12 (1) relicensed and recertified upon relocation and 32.13 reactivation of some or all of the beds to an existing licensed 32.14 and certified facility or facilities located in Pine River, 32.15 Brainerd, or International Falls; provided that the total 32.16 project construction costs related to the relocation of beds 32.17 from layaway status for any facility receiving relocated beds 32.18 may not exceed the dollar threshold provided in subdivision 2 32.19 unless the construction project has been approved through the 32.20 moratorium exception process under section 144A.073; 32.21 (2) relicensed and recertified, upon reactivation of some 32.22 or all of the beds within the facility which placed the beds in 32.23 layaway status, if the commissioner has determined a need for 32.24 the reactivation of the beds on layaway status. 32.25 The property-related payment rate of a facility placing 32.26 beds on layaway status must be adjusted by the incremental 32.27 change in its rental per diem after recalculating the rental per 32.28 diem as provided in section 256B.431, subdivision 3a, paragraph 32.29 (d). The property-related payment rate for a facility 32.30 relicensing and recertifying beds from layaway status must be 32.31 adjusted by the incremental change in its rental per diem after 32.32 recalculating its rental per diem using the number of beds after 32.33 the relicensing to establish the facility's capacity day 32.34 divisor, which shall be effective the first day of the month 32.35 following the month in which the relicensing and recertification 32.36 became effective. Any beds remaining on layaway status more 33.1 than three years after the date the layaway status became 33.2 effective must be removed from layaway status and immediately 33.3 delicensed and decertified; 33.4 (q) to license and certify beds in a renovation and 33.5 remodeling project to convert 12 four-bed wards into 24 two-bed 33.6 rooms, expand space, and add improvements in a nursing home 33.7 that, as of January 1, 1994, met the following conditions: the 33.8 nursing home was located in Ramsey county; had a licensed 33.9 capacity of 154 beds; and had been ranked among the top 15 33.10 applicants by the 1993 moratorium exceptions advisory review 33.11 panel. The total project construction cost estimate for this 33.12 project must not exceed the cost estimate submitted in 33.13 connection with the 1993 moratorium exception process; 33.14 (r) to license and certify up to 117 beds that are 33.15 relocated from a licensed and certified 138-bed nursing facility 33.16 located in St. Paul to a hospital with 130 licensed hospital 33.17 beds located in South St. Paul, provided that the nursing 33.18 facility and hospital are owned by the same or a related 33.19 organization and that prior to the date the relocation is 33.20 completed the hospital ceases operation of its inpatient 33.21 hospital services at that hospital. After relocation, the 33.22 nursing facility's status under section 256B.431, subdivision 33.23 2j, shall be the same as it was prior to relocation. The 33.24 nursing facility's property-related payment rate resulting from 33.25 the project authorized in this paragraph shall become effective 33.26 no earlier than April 1, 1996. For purposes of calculating the 33.27 incremental change in the facility's rental per diem resulting 33.28 from this project, the allowable appraised value of the nursing 33.29 facility portion of the existing health care facility physical 33.30 plant prior to the renovation and relocation may not exceed 33.31 $2,490,000; 33.32 (s) to license and certify two beds in a facility to 33.33 replace beds that were voluntarily delicensed and decertified on 33.34 June 28, 1991; 33.35 (t) to allow 16 licensed and certified beds located on July 33.36 1, 1994, in a 142-bed nursing home and 21-bed boarding care home 34.1 facility in Minneapolis, notwithstanding the licensure and 34.2 certification after July 1, 1995, of the Minneapolis facility as 34.3 a 147-bed nursing home facility after completion of a 34.4 construction project approved in 1993 under section 144A.073, to 34.5 be laid away upon 30 days' prior written notice to the 34.6 commissioner. Beds on layaway status shall have the same status 34.7 as voluntarily delicensed or decertified beds except that they 34.8 shall remain subject to the surcharge in section 256.9657. The 34.9 16 beds on layaway status may be relicensed as nursing home beds 34.10 and recertified at any time within five years of the effective 34.11 date of the layaway upon relocation of some or all of the beds 34.12 to a licensed and certified facility located in Watertown, 34.13 provided that the total project construction costs related to 34.14 the relocation of beds from layaway status for the Watertown 34.15 facility may not exceed the dollar threshold provided in 34.16 subdivision 2 unless the construction project has been approved 34.17 through the moratorium exception process under section 144A.073. 34.18 The property-related payment rate of the facility placing 34.19 beds on layaway status must be adjusted by the incremental 34.20 change in its rental per diem after recalculating the rental per 34.21 diem as provided in section 256B.431, subdivision 3a, paragraph 34.22 (d). The property-related payment rate for the facility 34.23 relicensing and recertifying beds from layaway status must be 34.24 adjusted by the incremental change in its rental per diem after 34.25 recalculating its rental per diem using the number of beds after 34.26 the relicensing to establish the facility's capacity day 34.27 divisor, which shall be effective the first day of the month 34.28 following the month in which the relicensing and recertification 34.29 became effective. Any beds remaining on layaway status more 34.30 than five years after the date the layaway status became 34.31 effective must be removed from layaway status and immediately 34.32 delicensed and decertified; 34.33 (u) to license and certify beds that are moved within an 34.34 existing area of a facility or to a newly constructed addition 34.35 which is built for the purpose of eliminating three- and 34.36 four-bed rooms and adding space for dining, lounge areas, 35.1 bathing rooms, and ancillary service areas in a nursing home 35.2 that, as of January 1, 1995, was located in Fridley and had a 35.3 licensed capacity of 129 beds; 35.4 (v) to relocate 36 beds in Crow Wing county and four beds 35.5 from Hennepin county to a 160-bed facility in Crow Wing county, 35.6 provided all the affected beds are under common ownership; 35.7 (w) to license and certify a total replacement project of 35.8 up to 49 beds located in Norman county that are relocated from a 35.9 nursing home destroyed by flood and whose residents were 35.10 relocated to other nursing homes. The operating cost payment 35.11 rates for the new nursing facility shall be determined based on 35.12 the interim and settle-up payment provisions of Minnesota Rules, 35.13 part 9549.0057, and the reimbursement provisions of section 35.14 256B.431, except that subdivision 26, paragraphs (a) and (b), 35.15 shall not apply until the second rate year after the settle-up 35.16 cost report is filed. Property-related reimbursement rates 35.17 shall be determined under section 256B.431, taking into account 35.18 any federal or state flood-related loans or grants provided to 35.19 the facility; 35.20 (x) to license and certify a total replacement project of 35.21 up to 129 beds located in Polk county that are relocated from a 35.22 nursing home destroyed by flood and whose residents were 35.23 relocated to other nursing homes. The operating cost payment 35.24 rates for the new nursing facility shall be determined based on 35.25 the interim and settle-up payment provisions of Minnesota Rules, 35.26 part 9549.0057, and the reimbursement provisions of section 35.27 256B.431, except that subdivision 26, paragraphs (a) and (b), 35.28 shall not apply until the second rate year after the settle-up 35.29 cost report is filed. Property-related reimbursement rates 35.30 shall be determined under section 256B.431, taking into account 35.31 any federal or state flood-related loans or grants provided to 35.32 the facility; 35.33 (y) to license and certify beds in a renovation and 35.34 remodeling project to convert 13 three-bed wards into 13 two-bed 35.35 rooms and 13 single-bed rooms, expand space, and add 35.36 improvements in a nursing home that, as of January 1, 1994, met 36.1 the following conditions: the nursing home was located in 36.2 Ramsey county, was not owned by a hospital corporation, had a 36.3 licensed capacity of 64 beds, and had been ranked among the top 36.4 15 applicants by the 1993 moratorium exceptions advisory review 36.5 panel. The total project construction cost estimate for this 36.6 project must not exceed the cost estimate submitted in 36.7 connection with the 1993 moratorium exception process; 36.8 (z) to license and certify up to 150 nursing home beds to 36.9 replace an existing 285 bed nursing facility located in St. 36.10 Paul. The replacement project shall include both the renovation 36.11 of existing buildings and the construction of new facilities at 36.12 the existing site. The reduction in the licensed capacity of 36.13 the existing facility shall occur during the construction 36.14 project as beds are taken out of service due to the construction 36.15 process. Prior to the start of the construction process, the 36.16 facility shall provide written information to the commissioner 36.17 of health describing the process for bed reduction, plans for 36.18 the relocation of residents, and the estimated construction 36.19 schedule. The relocation of residents shall be in accordance 36.20 with the provisions of law and rule;or36.21 (aa) to allow the commissioner of human services to license 36.22 an additional 36 beds to provide residential services for the 36.23 physically handicapped under Minnesota Rules, parts 9570.2000 to 36.24 9570.3400, in a 198-bed nursing home located in Red Wing, 36.25 provided that the total number of licensed and certified beds at 36.26 the facility does not increase; 36.27 (bb) to license and certify a new facility in St. Louis 36.28 county with 44 beds constructed to replace an existing facility 36.29 in St. Louis county with 31 beds, which has resident rooms on 36.30 two separate floors and an antiquated elevator that creates 36.31 safety concerns for residents and prevents nonambulatory 36.32 residents from residing on the second floor. The project shall 36.33 include the elimination of three- and four-bed rooms; 36.34 (cc) to license and certify four beds in a 16-bed certified 36.35 boarding care home in Minneapolis to replace beds that were 36.36 voluntarily delicensed and decertified on or before March 31, 37.1 1992. The licensure and certification is conditional upon the 37.2 facility periodically assessing and adjusting its resident mix 37.3 and other factors which may contribute to a potential 37.4 institution for mental disease declaration. The commissioner of 37.5 human services shall retain the authority to audit the facility 37.6 at any time and shall require the facility to comply with any 37.7 requirements necessary to prevent an institution for mental 37.8 disease declaration, including delicensure and decertification 37.9 of beds, if necessary; or 37.10 (dd) to license and certify 72 beds in an existing facility 37.11 in Mille Lacs county with 80 beds as part of a renovation 37.12 project. The renovation must include construction of an 37.13 addition to accommodate ten residents with beginning and 37.14 midstage dementia in a self-contained living unit; creation of 37.15 three resident households where dining, activities, and support 37.16 spaces are located near resident living quarters; designation of 37.17 four beds for rehabilitation in a self-contained area; 37.18 designation of 30 private rooms; and other improvements. 37.19 Sec. 2. Minnesota Statutes 1998, section 144A.071, is 37.20 amended by adding a subdivision to read: 37.21 Subd. 4b. [LICENSED BEDS ON LAYAWAY STATUS.] A licensed 37.22 and certified nursing facility may lay away, upon prior written 37.23 notice to the commissioners of health and human services, up to 37.24 50 percent of its licensed and certified beds. A nursing 37.25 facility may not discharge a resident in order to lay away a 37.26 bed. Notice to the commissioners shall be given 60 days prior 37.27 to the effective date of the layaway. Beds on layaway shall 37.28 have the same status as voluntarily delicensed and decertified 37.29 beds and shall not be subject to license fees and license 37.30 surcharge fees. In addition, beds on layaway status may be 37.31 relicensed and recertified at any time on or after one year 37.32 after the effective date of layaway in the facility of origin, 37.33 with a 60-day notice to the commissioner of health. A nursing 37.34 facility that relicenses and recertifies beds placed on layaway 37.35 may not place beds on layaway status for one year after the 37.36 effective date of the relicensure and recertification. Beds may 38.1 remain on layaway status for up to five years. 38.2 Sec. 3. Minnesota Statutes 1998, section 256.9751, is 38.3 amended to read: 38.4 256.9751 [CONGREGATE HOUSINGON-SITE COORDINATION (OSC) 38.5 SERVICES PROJECTS.] 38.6 Subdivision 1. [DEFINITIONS.] For the purposes of this 38.7 section, the following terms have the meanings given them. 38.8 (a) [CONGREGATE HOUSING.] "Congregate housing" means 38.9 federally or locally subsidized housing and nonsubsidized low- 38.10 and moderate-income multifamily housing units which may not have 38.11 common areas for activities and for serving food, designed for 38.12 the elderly, consisting of private apartments and common areas38.13which can be used for activities and for serving meals. 38.14 (b) [CONGREGATE HOUSINGON-SITE COORDINATION SERVICES 38.15 PROJECTS.] "Congregate housingOn-site coordination services 38.16 project" means a project in which services are or could be made 38.17 available toolderpersons age 60 or older who live 38.18 insubsidized housinga designated service area and which helps 38.19delay or prevent nursing home placementthem remain 38.20 independent. To be considereda congregate housingan on-site 38.21 coordination services project, a project must have: (1) an 38.22 on-site coordinator, and; (2) a plan for assuring the 38.23 availability of one meal per day, seven days a week, for each 38.24 elderly participantin needwho needs a meal to continue to live 38.25 independently; and (3) an approved designated service area. 38.26 (c) [ON-SITE COORDINATOR.] "On-site coordinator" means a 38.27 person who works on-site in abuilding or buildingsdesignated 38.28 service area and who serves as a contact for older persons who 38.29 need services, support, and assistance in order todelay or38.30prevent nursing home placementhelp them remain independent. 38.31 (d) [CONGREGATE HOUSINGON-SITE COORDINATION SERVICES 38.32 PROJECT PARTICIPANTS OR PROJECT PARTICIPANTS.] "Congregate38.33housingOn-site coordination services project participants" or 38.34 "project participants" means elderly persons6060 years old or 38.35 older,who are currently residents of,or who areapplying for38.36residence in housing sites,planning to move into a designated 39.1 service area and who need support services to remain independent. 39.2 (e) [DESIGNATED SERVICE AREA OR DSA.] "Designated service 39.3 area" or "DSA" means the congregate housing site or sites, and 39.4 surrounding neighborhoods and communities that have a 39.5 concentration of persons age 60 or older that is higher than the 39.6 state average, in which on-site coordination services will be 39.7 provided. 39.8 Subd. 3. [GRANT PROGRAM.] TheMinnesota board on aging39.9 commissioner shall establisha congregate housingan on-site 39.10 coordination services grant programwhichthat is coordinated 39.11 with county government programs and services for elderly persons 39.12 and, in counties where they exist, with seniors' agenda for 39.13 independent living (SAIL) projects as defined in section 39.14 256B.0917, that will enable communities and neighborhoods to 39.15 provide on-site coordinators to serveas a contact forolder 39.16 persons who need services and support,andor need assistanceto39.17accessin accessing services, in order to delay or prevent 39.18 nursing home placement and remain independent. 39.19 Subd. 4. [USE OF GRANT FUNDS.] Grant funds shall be used 39.20 to develop and fund on-site coordinator positions. Grant funds 39.21 shall not be used to duplicate existing funds, to modify 39.22 buildings, or to purchase equipment. 39.23 Subd. 5. [GRANT ELIGIBILITY.] A public or nonprofit agency 39.24 or housing unit may apply for funds to provide a coordinator for 39.25congregate housingon-site coordination services to an 39.26 identified population of frail elderly persons in asubsidized39.27multiunit apartment building or buildings in a39.28communitydesignated service area. Theboardcommissioner shall 39.29 give preference to applicants that meet the requirements of this 39.30 section, and that have a common dining site in the designated 39.31 service area. A local matchmayshall be required. State money 39.32 received may also be used to match federal money allocated 39.33 forcongregate housingon-site coordination services. Grants 39.34 shall be awarded to urban and rural sites. 39.35 Subd. 6. [CRITERIA FOR SELECTION.] TheMinnesota board on39.36agingcommissioner shall select projects under this section 40.1 according to the following criteria: 40.2 (1) the extent to which the proposed project assists older 40.3 persons to age-in-place to prevent or delay nursing home 40.4 placement; 40.5 (2) the extent to which the proposed project identifies the 40.6 needs of project participants; 40.7 (3) the extent to which the proposed project identifies how 40.8 the on-site coordinator will help meet the needs of project 40.9 participants; 40.10 (4) the extent to which the proposed project plan assures 40.11 the availability of one meal a day, seven days a week, for each 40.12 elderly participant in need in the designated service area; 40.13 (5) the extent to which the proposed project demonstrates 40.14 involvement of participants, communities, and family members in 40.15 the project; and 40.16 (6) the extent to which the proposed project demonstrates 40.17involvementcoordination ofhousing providerscommunity agencies 40.18 and public and private service agencies, including area agencies 40.19 on aging. 40.20 The commissioner shall consult with the county board of the 40.21 county in which the project would be implemented, and shall not 40.22 select any project without approval of the county board. A 40.23 designated service area with a senior dining program may be 40.24 given preference. 40.25 Subd. 7. [GRANT APPLICATIONS.] TheMinnesota board on40.26agingcommissioner shall request proposals for grants and award 40.27 grants using the criteria in subdivision 6. Grant applications 40.28 shall include: 40.29 (1) documentation of the need forcongregateon-site 40.30 coordination services in the DSA so the residents can remain 40.31 independent; 40.32 (2) a description of the resources, such as social services 40.33 and health services, that will be available in the DSA community 40.34 to provide the necessary support services; 40.35 (3) a description of the target population, as defined in 40.36 subdivision 1, paragraph (d); 41.1 (4) a performance plan that includes written performance 41.2 objectives, outcomes, timelines, and the procedure the grantee 41.3 will use to document and measure success in meeting the 41.4 objectives; and 41.5 (5) letters of support from appropriate public and private 41.6 agencies and organizations, such as area agencies on aging and 41.7 county human service departments that demonstrate an intent to 41.8work withcollaborate and coordinate with the agency requesting 41.9 a grant. 41.10 Subd. 8. [REPORT.]By January 1, 1993, the Minnesota board41.11on aging shall submit a report to the legislature evaluating the41.12programs. The report must document the project costs and41.13outcomes that helped delay or prevent nursing home placement.41.14The report must describe steps taken for quality assurance and41.15must also include recommendations based on the project41.16findings.The commissioner shall collect data on a quarterly 41.17 basis on the number of persons served and other factors relating 41.18 to the goals, activities, and accomplishments of the projects. 41.19 The commissioner shall provide this data in summary form to the 41.20 legislature in annual reports, due January 1, 2001, and each 41.21 January 1 thereafter. The annual reports must also include 41.22 recommendations based on project findings. 41.23 Subd. 9. [TECHNICAL ASSISTANCE.] The commissioner may 41.24 provide technical assistance to sponsors of on-site coordination 41.25 services programs or may contract or delegate the provision of 41.26 technical assistance. 41.27 Subd. 10. [OTHER AGENCIES.] The commissioner may delegate, 41.28 use, or employ any federal, state, regional, or local public or 41.29 private agency or organization, including organizations of 41.30 physically handicapped persons, upon terms the commissioner 41.31 deems necessary or desirable, to assist in the exercise of any 41.32 of the powers granted in this section. 41.33 Sec. 4. Minnesota Statutes 1999 Supplement, section 41.34 256B.431, subdivision 17, is amended to read: 41.35 Subd. 17. [SPECIAL PROVISIONS FOR MORATORIUM EXCEPTIONS.] 41.36 (a) Notwithstanding Minnesota Rules, part 9549.0060, subpart 3, 42.1 for rate periods beginning on October 1, 1992, and for rate 42.2 years beginning after June 30, 1993, a nursing facility that (1) 42.3 has completed a construction project approved under section 42.4 144A.071, subdivision 4a, clause (m); (2) has completed a 42.5 construction project approved under section 144A.071, 42.6 subdivision 4a, and effective after June 30, 1995; or (3) has 42.7 completed a renovation, replacement, or upgrading project 42.8 approved under the moratorium exception process in section 42.9 144A.073 shall be reimbursed for costs directly identified to 42.10 that project as provided in subdivision 16 and this subdivision. 42.11 (b) Notwithstanding Minnesota Rules, part 9549.0060, 42.12 subparts 5, item A, subitems (1) and (3), and 7, item D, 42.13 allowable interest expense on debt shall include: 42.14 (1) interest expense on debt related to the cost of 42.15 purchasing or replacing depreciable equipment, excluding 42.16 vehicles, not to exceed six percent of the total historical cost 42.17 of the project; and 42.18 (2) interest expense on debt related to financing or 42.19 refinancing costs, including costs related to points, loan 42.20 origination fees, financing charges, legal fees, and title 42.21 searches; and issuance costs including bond discounts, bond 42.22 counsel, underwriter's counsel, corporate counsel, printing, and 42.23 financial forecasts. Allowable debt related to items in this 42.24 clause shall not exceed seven percent of the total historical 42.25 cost of the project. To the extent these costs are financed, 42.26 the straight-line amortization of the costs in this clause is 42.27 not an allowable cost; and 42.28 (3) interest on debt incurred for the establishment of a 42.29 debt reserve fund, net of the interest earned on the debt 42.30 reserve fund. 42.31 (c) Debt incurred for costs under paragraph (b) is not 42.32 subject to Minnesota Rules, part 9549.0060, subpart 5, item A, 42.33 subitem (5) or (6). 42.34 (d) The incremental increase in a nursing facility's rental 42.35 rate, determined under Minnesota Rules, parts 9549.0010 to 42.36 9549.0080, and this section, resulting from the acquisition of 43.1 allowable capital assets, and allowable debt and interest 43.2 expense under this subdivision shall be added to its 43.3 property-related payment rate and shall be effective on the 43.4 first day of the month following the month in which the 43.5 moratorium project was completed. 43.6 (e) Notwithstanding subdivision 3f, paragraph (a), for rate 43.7 periods beginning on October 1, 1992, and for rate years 43.8 beginning after June 30, 1993, the replacement-costs-new per bed 43.9 limit to be used in Minnesota Rules, part 9549.0060, subpart 4, 43.10 item B, for a nursing facility that has completed a renovation, 43.11 replacement, or upgrading project that has been approved under 43.12 the moratorium exception process in section 144A.073, or that 43.13 has completed an addition to or replacement of buildings, 43.14 attached fixtures, or land improvements for which the total 43.15 historical cost exceeds the lesser of $150,000 or ten percent of 43.16 the most recent appraised value, must be $47,500 per licensed 43.17 bed in multiple-bed rooms and $71,250 per licensed bed in a 43.18 single-bed room. These amounts must be adjusted annually as 43.19 specified in subdivision 3f, paragraph (a), beginning January 1, 43.20 1993. 43.21 (f) A nursing facility that completes a project identified 43.22 in this subdivision and, as of April 17, 1992, has not been 43.23 mailed a rate notice with a special appraisal for a completed 43.24 project, or completes a project after April 17, 1992, but before 43.25 September 1, 1992, may elect either to request a special 43.26 reappraisal with the corresponding adjustment to the 43.27 property-related payment rate under the laws in effect on June 43.28 30, 1992, or to submit their capital asset and debt information 43.29 after that date and obtain the property-related payment rate 43.30 adjustment under this section, but not both. 43.31 (g) For purposes of this paragraph, a total replacement 43.32 means the complete replacement of the nursing facility's 43.33 physical plant through the construction of a new physical plant 43.34or, the transfer of the nursing facility's license from one 43.35 physical plant location to another, or a new building addition 43.36 to relocate beds from three- and four-bed wards. For total 44.1 replacement projects completed on or after July 1, 1992, the 44.2 commissioner shall compute the incremental change in the nursing 44.3 facility's rental per diem, for rate years beginning on or after 44.4 July 1, 1995, by replacing its appraised value, including the 44.5 historical capital asset costs, and the capital debt and 44.6 interest costs with the new nursing facility's allowable capital 44.7 asset costs and the related allowable capital debt and interest 44.8 costs. If the new nursing facility has decreased its licensed 44.9 capacity, the aggregate investment per bed limit in subdivision 44.10 3a, paragraph (d), shall apply. If the new nursing facility has 44.11 retained a portion of the original physical plant for nursing 44.12 facility usage, then a portion of the appraised value prior to 44.13 the replacement must be retained and included in the calculation 44.14 of the incremental change in the nursing facility's rental per 44.15 diem. For purposes of this part, the original nursing facility 44.16 means the nursing facility prior to the total replacement 44.17 project. The portion of the appraised value to be retained 44.18 shall be calculated according to clauses (1) to (3): 44.19 (1) The numerator of the allocation ratio shall be the 44.20 square footage of the area in the original physical plant which 44.21 is being retained for nursing facility usage. 44.22 (2) The denominator of the allocation ratio shall be the 44.23 total square footage of the original nursing facility physical 44.24 plant. 44.25 (3) Each component of the nursing facility's allowable 44.26 appraised value prior to the total replacement project shall be 44.27 multiplied by the allocation ratio developed by dividing clause 44.28 (1) by clause (2). 44.29 In the case of either type of total replacement as 44.30 authorized under section 144A.071 or 144A.073, the provisions of 44.31 this subdivision shall also apply. For purposes of the 44.32 moratorium exception authorized under section 144A.071, 44.33 subdivision 4a, paragraph (s), if the total replacement involves 44.34 the renovation and use of an existing health care facility 44.35 physical plant, the new allowable capital asset costs and 44.36 related debt and interest costs shall include first the 45.1 allowable capital asset costs and related debt and interest 45.2 costs of the renovation, to which shall be added the allowable 45.3 capital asset costs of the existing physical plant prior to the 45.4 renovation, and if reported by the facility, the related 45.5 allowable capital debt and interest costs. 45.6 (h) Notwithstanding Minnesota Rules, part 9549.0060, 45.7 subpart 11, item C, subitem (2), for a total replacement, as 45.8 defined in paragraph (g), authorized under section 144A.071 or 45.9 144A.073 after July 1, 1999, or any building project that is a 45.10 relocation, renovation, upgrading, or conversion authorized 45.11 under section 144A.073, after July 1, 2001, the 45.12 replacement-costs-new per bed limit shall be $74,280 per 45.13 licensed bed in multiple-bed rooms, $92,850 per licensed bed in 45.14 semiprivate rooms with a fixed partition separating the resident 45.15 beds, and $111,420 per licensed bed in single rooms. Minnesota 45.16 Rules, part 9549.0060, subpart 11, item C, subitem (2), does not 45.17 apply. These amounts must be adjusted annually as specified in 45.18 subdivision 3f, paragraph (a), beginning January 1, 2000. 45.19 (i) For a total replacement, as defined in paragraph (g), 45.20 authorized under section 144A.073 for a 96-bed nursing home in 45.21 Carlton county, the replacement-costs-new per bed limit shall be 45.22 $74,280 per licensed bed in multiple-bed rooms, $92,850 per 45.23 licensed bed in semiprivate rooms with a fixed partition 45.24 separating the resident's beds, and $111,420 per licensed bed in 45.25 a single room. Minnesota Rules, part 9549.0060, subpart 11, 45.26 item C, subitem (2), does not apply. The resulting maximum 45.27 allowable replacement-costs-new multiplied by 1.25 shall 45.28 constitute the project's dollar threshold for purposes of 45.29 application of the limit set forth in section 144A.071, 45.30 subdivision 2. The commissioner of health may waive the 45.31 requirements of section 144A.073, subdivision 3b, paragraph (b), 45.32 clause (2), on the condition that the other requirements of that 45.33 paragraph are met. 45.34 (j) For a total replacement, as defined in paragraph (g), 45.35 authorized under section 144A.073 involving a new building 45.36 addition that relocates beds from three-bed wards for an 80-bed 46.1 nursing home in Redwood county, the replacement-costs-new per 46.2 bed limit shall be $74,280 per licensed bed for multiple-bed 46.3 rooms; $92,850 per licensed bed for semiprivate rooms with a 46.4 fixed partition separating the beds; and $111,420 per licensed 46.5 bed for single rooms. These amounts shall be adjusted annually, 46.6 beginning January 1, 2001. Minnesota Rules, part 9549.0060, 46.7 subpart 11, item C, subitem (2), does not apply. The resulting 46.8 maximum allowable replacement-costs-new multiplied by 1.25 shall 46.9 constitute the project's dollar threshold for purposes of 46.10 application of the limit set forth in section 144A.071, 46.11 subdivision 2. The commissioner of health may waive the 46.12 requirements of section 144A.073, subdivision 3b, paragraph (b), 46.13 clause (2), on the condition that the other requirements of that 46.14 paragraph are met. 46.15 Sec. 5. Minnesota Statutes 1999 Supplement, section 46.16 256B.431, subdivision 28, is amended to read: 46.17 Subd. 28. [NURSING FACILITY RATE INCREASES BEGINNING JULY 46.18 1, 1999, AND JULY 1, 2000.] (a) For the rate years beginning 46.19 July 1, 1999, and July 1, 2000, the commissioner shall make 46.20 available to each nursing facility reimbursed under this section 46.21 or section 256B.434 an adjustment to the total operating payment 46.22 rate. For each facility, total operating costs shall be 46.23 separated into costs that are compensation related and all other 46.24 costs. Compensation-related costs include salaries, payroll 46.25 taxes, and fringe benefits for all employees except management 46.26 fees, the administrator, and central office staff. 46.27 (b) For the rate year beginning July 1, 1999, the 46.28 commissioner shall make available a rate increase for 46.29 compensation-related costs of 4.843 percent and a rate increase 46.30 for all other operating costs of 3.446 percent. 46.31 (c) For the rate year beginning July 1, 2000, the 46.32 commissioner shall make available a rate increase for 46.33 compensation-related costs of 3.632 percent; an additional rate 46.34 increase for compensation-related costs of 3.0 percent for 46.35 geographic group II and III nursing facilities and 3.5 percent 46.36 for geographic group I nursing facilities, which must be used to 47.1 increase the per-hour pay rate of all employees except 47.2 management fees, the administrator, and central office staff by 47.3 an equal dollar amount; and a rate increase for all other 47.4 operating costs of 2.585 percent. Money received by a facility 47.5 as a result of the additional rate increase for 47.6 compensation-related costs of 3.0 percent or 3.5 percent for the 47.7 rate year beginning July 1, 2000, provided under this paragraph 47.8 shall be used only for wage increases implemented on or after 47.9 July 1, 2000, and shall not be used for wage increases 47.10 implemented prior to that date. 47.11 (d) The payment rate adjustment for each nursing facility 47.12 must be determined under clause (1) or (2): 47.13 (1) for each nursing facility that reports salaries for 47.14 registered nurses, licensed practical nurses, aides, orderlies, 47.15 and attendants separately, the commissioner shall determine the 47.16 payment rate adjustment using the categories specified in 47.17 paragraph (a) multiplied by the rate increases specified in 47.18 paragraph (b) or (c), and then dividing the resulting amount by 47.19 the nursing facility's actual resident days. In determining the 47.20 amount of a payment rate adjustment for a nursing facility 47.21 reimbursed under section 256B.434, the commissioner shall 47.22 determine the proportions of the facility's rates that are 47.23 compensation-related costs and all other operating costs based 47.24 on the facility's most recent cost report; and 47.25 (2) for each nursing facility that does not report salaries 47.26 for registered nurses, licensed practical nurses, aides, 47.27 orderlies, and attendants separately, the payment rate 47.28 adjustment shall be computed using the facility's total 47.29 operating costs, separated into the categories specified in 47.30 paragraph (a) in proportion to the weighted average of all 47.31 facilities determined under clause (1), multiplied by the rate 47.32 increases specified in paragraph (b) or (c), and then dividing 47.33 the resulting amount by the nursing facility's actual resident 47.34 days. 47.35 (e) A nursing facility may apply for the 47.36 compensation-related payment rate adjustment calculated under 48.1 this subdivision. The application must be made to the 48.2 commissioner and contain a plan by which the nursing facility 48.3 will distribute the compensation-related portion of the payment 48.4 rate adjustment to employees of the nursing facility. For 48.5 nursing facilities in which the employees are represented by an 48.6 exclusive bargaining representative, an agreement negotiated and 48.7 agreed to by the employer and the exclusive bargaining 48.8 representative constitutes the plan. For the second rate year, 48.9 a negotiated agreement may constitute the plan for distribution 48.10 of the additional rate increase for compensation-related costs 48.11 of 3.0 or 3.5 percent only if the agreement is finalized after 48.12 the date of enactment of all rate increases for the second rate 48.13 year. The commissioner shall review the plan to ensure that the 48.14 payment rate adjustment per diem is used as provided in 48.15 paragraphs (a) to (c). To be eligible, a facility must submit 48.16 its plan for the compensation distribution by December 31 each 48.17 year. A facility may amend its plan for the second rate year by 48.18 submitting a revised plan by December 31, 2000. If a facility's 48.19 plan for compensation distribution is effective for its 48.20 employees after July 1 of the year that the funds are available, 48.21 the payment rate adjustment per diem shall be effective the same 48.22 date as its plan. 48.23 (f) A copy of the approved distribution plan must be made 48.24 available to all employees. This must be done by giving each 48.25 employee a copy or by posting it in an area of the nursing 48.26 facility to which all employees have access. If an employee 48.27 does not receive the compensation adjustment described in their 48.28 facility's approved plan and is unable to resolve the problem 48.29 with the facility's management or through the employee's union 48.30 representative, the employee may contact the commissioner at an 48.31 address or phone number provided by the commissioner and 48.32 included in the approved plan. 48.33 (g) If the reimbursement system under section 256B.435 is 48.34 not implemented until July 1, 2001, the salary adjustment per 48.35 diem authorized in subdivision 2i, paragraph (c), shall continue 48.36 until June 30, 2001. 49.1 (h) For the rate year beginning July 1, 1999, the following 49.2 nursing facilities shall be allowed a rate increase equal to 67 49.3 percent of the rate increase that would be allowed if 49.4 subdivision 26, paragraph (a), was not applied: 49.5 (1) a nursing facility in Carver county licensed for 33 49.6 nursing home beds and four boarding care beds; 49.7 (2) a nursing facility in Faribault county licensed for 159 49.8 nursing home beds on September 30, 1998; and 49.9 (3) a nursing facility in Houston county licensed for 68 49.10 nursing home beds on September 30, 1998. 49.11 (i) For the rate year beginning July 1, 1999, the following 49.12 nursing facilities shall be allowed a rate increase equal to 67 49.13 percent of the rate increase that would be allowed if 49.14 subdivision 26, paragraphs (a) and (b), were not applied: 49.15 (1) a nursing facility in Chisago county licensed for 135 49.16 nursing home beds on September 30, 1998; and 49.17 (2) a nursing facility in Murray county licensed for 62 49.18 nursing home beds on September 30, 1998. 49.19 (j) For the rate year beginning July 1, 1999, a nursing 49.20 facility in Hennepin county licensed for 134 beds on September 49.21 30, 1998, shall: 49.22 (1) have the prior year's allowable care-related per diem 49.23 increased by $3.93 and the prior year's other operating cost per 49.24 diem increased by $1.69 before adding the inflation in 49.25 subdivision 26, paragraph (d), clause (2); and 49.26 (2) be allowed a rate increase equal to 67 percent of the 49.27 rate increase that would be allowed if subdivision 26, 49.28 paragraphs (a) and (b), were not applied. 49.29 The increases provided in paragraphs (h), (i), and (j) 49.30 shall be included in the facility's total payment rates for the 49.31 purposes of determining future rates under this section or any 49.32 other section. 49.33 Sec. 6. Minnesota Statutes 1998, section 256B.431, is 49.34 amended by adding a subdivision to read: 49.35 Subd. 29. [FACILITY RATE INCREASES EFFECTIVE JULY 1, 49.36 2000.] Following the determination under subdivision 28 of the 50.1 payment rate for the rate year beginning July 1, 2000, for a 50.2 facility in Roseau county licensed for 49 beds, the facility's 50.3 operating cost per diem shall be increased by the following 50.4 amounts: 50.5 (1) case mix class A, $2.56; 50.6 (2) case mix class B, $2.74; 50.7 (3) case mix class C, $2.93; 50.8 (4) case mix class D, $3.11; 50.9 (5) case mix class E, $3.30; 50.10 (6) case mix class F, $3.31; 50.11 (7) case mix class G, $3.46; 50.12 (8) case mix class H, $3.76; 50.13 (9) case mix class I, $3.86; 50.14 (10) case mix class J, $4.03; and 50.15 (11) case mix class K, $4.37. 50.16 These increases shall be included in the facility's total 50.17 payment rates for the purpose of determining future rates under 50.18 this section or any other section. 50.19 Sec. 7. Minnesota Statutes 1998, section 256B.431, is 50.20 amended by adding a subdivision to read: 50.21 Subd. 30. [CHANGES TO NURSING FACILITY REIMBURSEMENT 50.22 BEGINNING JULY 1, 2000.] (a) For rate years beginning on or 50.23 after July 1, 2000, a nursing facility reimbursed under this 50.24 section which has placed beds on layaway status shall, for 50.25 purposes of application of the downsizing incentive in 50.26 subdivision 3a, paragraph (d), and calculation of the rental per 50.27 diem, have those beds given the same effect as if the beds had 50.28 been delicensed so long as the beds remain on layaway status. 50.29 At the time of a layaway, a facility may change its single bed 50.30 election for use in calculating capacity days under Minnesota 50.31 Rules, part 9549.0060, subpart 11. The property payment rate 50.32 increase shall be effective the first day of the month following 50.33 the month in which the layaway of the beds becomes effective 50.34 under section 144A.071, subdivision 4b. 50.35 (b) For rate years beginning on or after July 1, 2000, 50.36 notwithstanding any provision to the contrary under section 51.1 256B.434, a nursing facility reimbursed under that section which 51.2 has placed beds on layaway status shall, for so long as the beds 51.3 remain on layaway status, be allowed to: 51.4 (1) aggregate the applicable investment per bed limits 51.5 based on the number of beds licensed immediately prior to 51.6 entering the alternative payment system; 51.7 (2) retain or change the facility's single bed election for 51.8 use in calculating capacity days under Minnesota Rules, part 51.9 9549.0060, subpart 11; and 51.10 (3) establish capacity days for each rate year following 51.11 the layaway based on the number of beds licensed less the number 51.12 of beds on layaway status. 51.13 The commissioner shall increase the facility's property payment 51.14 rate by the incremental increase in the rental per diem 51.15 resulting from the recalculation of the facility's rental per 51.16 diem applying only the changes resulting from the layaway of 51.17 beds and clauses (1), (2), and (3). The property payment rate 51.18 increase shall be effective the first day of the month following 51.19 the month in which the layaway of the beds becomes effective. 51.20 (c) If a nursing facility removes a bed from layaway status 51.21 in accordance with section 144A.071, subdivision 4b, the 51.22 commissioner shall establish capacity days based on the number 51.23 of licensed and certified beds in the facility not on layaway 51.24 and shall reduce the nursing facility's property payment rate in 51.25 accordance with paragraph (b). 51.26 (d) For the rate years beginning on or after July 1, 2000, 51.27 notwithstanding any provision to the contrary under section 51.28 256B.434, a nursing facility reimbursed under that section, 51.29 which has delicensed beds after July 1, 2000, by giving notice 51.30 of the delicensure to the commissioners of health and human 51.31 services according to the notice requirements in section 51.32 144A.071, subdivision 4b, shall be allowed to: 51.33 (1) aggregate the applicable investment per bed limits 51.34 based on the number of beds licensed immediately prior to 51.35 entering the alternative payment system; 51.36 (2) establish the facility's single bed election for use in 52.1 calculating capacity days under Minnesota Rules, part 9549.0060, 52.2 subpart 11; and 52.3 (3) establish capacity days for each rate year following 52.4 the delicensure based on the number of beds licensed after the 52.5 reduction. 52.6 The commissioner shall increase the facility's property payment 52.7 rate by the incremental increase in the rental per diem 52.8 resulting from the recalculation of the facility's rental per 52.9 diem applying only the changes resulting from the delicensure of 52.10 beds and clauses (1), (2), and (3). The property payment rate 52.11 increase shall be effective the first day of the month following 52.12 the month in which the delicensure of the beds becomes effective. 52.13 (e) For nursing facilities reimbursed under this section or 52.14 section 256B.434, any beds placed in layaway status shall not be 52.15 included in calculating facility occupancy as it pertains to 52.16 leave days defined in Minnesota Rules, part 9505.0415. 52.17 (f) For nursing facilities reimbursed under this section or 52.18 section 256B.434, the rental rate calculated after placing beds 52.19 on layaway status may not be less than the rental rate prior to 52.20 placing beds on layaway status. 52.21 (g) A nursing facility receiving a rate adjustment as a 52.22 result of this section shall comply with section 256B.47, 52.23 subdivision 2. 52.24 Sec. 8. Minnesota Statutes 1998, section 256B.434, is 52.25 amended by adding a subdivision to read: 52.26 Subd. 4b. [FACILITY RATE INCREASES EFFECTIVE JULY 1, 52.27 2000.] For the rate year beginning July 1, 2000, the nursing 52.28 facilities described in clauses (1) to (6) shall receive the 52.29 rate increases indicated. The increases under this subdivision 52.30 shall be added following the determination under section 52.31 256B.431, subdivision 28, of the payment rate for the rate year 52.32 beginning July 1, 2000, and shall be included in the facility's 52.33 total payment rates for the purposes of determining future rates 52.34 under this section or any other section: 52.35 (1) a nursing facility in Hennepin county licensed for 290 52.36 beds shall receive an operating cost per diem increase of 7.6 53.1 percent, provided that the facility delicenses, decertifies, or 53.2 places on layaway status, if that status is otherwise permitted 53.3 by law, 90 beds; 53.4 (2) a nursing facility in Goodhue county licensed for 84 53.5 beds shall receive an increase of $2 in each case mix payment 53.6 rate; 53.7 (3) a nursing facility located in Rochester and licensed 53.8 for 103 beds on January 1, 2000, shall receive an increase in 53.9 its case mix resident class A payment of $4.91, and an increase 53.10 in the payment rate for all other case mix classes of that 53.11 amount multiplied by the class weight for that case mix class 53.12 established in Minnesota Rules, part 9549.0058, subpart 3; 53.13 (4) a nursing facility in Wright county licensed for 154 53.14 beds shall receive an increase of $2.63 in each case mix payment 53.15 rate to be used for employee wage and benefit enhancements; 53.16 (5) a facility in Todd county licensed for 78 beds, shall 53.17 have its operating cost per diem increased by the following 53.18 amounts: 53.19 (i) case mix class A, $1.50; 53.20 (ii) case mix class B, $1.95; 53.21 (iii) case mix class C, $2.46; 53.22 (iv) case mix class D, $2.93; 53.23 (v) case mix class E, $3.41; 53.24 (vi) case mix class F, $3.44; 53.25 (vii) case mix class G, $3.84; 53.26 (viii) case mix class H, $4.61; 53.27 (ix) case mix class I, $4.88; 53.28 (x) case mix class J, $5.30; and 53.29 (xi) case mix class K, $6.18; and 53.30 (6) a nursing facility in Pine City that decertified 22 53.31 beds in calendar year 1999 shall have its property-related per 53.32 diem payment rate increased by $2.06. 53.33 Sec. 9. Minnesota Statutes 1998, section 256B.501, is 53.34 amended by adding a subdivision to read: 53.35 Subd. 13. [ICF/MR RATE INCREASES BEGINNING OCTOBER 1, 53.36 1999, AND OCTOBER 1, 2000.] (a) For the rate years beginning 54.1 October 1, 1999, and October 1, 2000, the commissioner shall 54.2 make available to each facility reimbursed under this section, 54.3 section 256B.5011, and Laws 1993, First Special Session chapter 54.4 1, article 4, section 11, an adjustment to the total operating 54.5 payment rate. For each facility, total operating costs shall be 54.6 separated into costs that are compensation related and all other 54.7 costs. "Compensation-related costs" means the facility's 54.8 allowable program operating cost category employee training 54.9 expenses, and the facility's allowable salaries, payroll taxes, 54.10 and fringe benefits. The term does not include these same 54.11 salary-related costs for both administrative or central office 54.12 employees. 54.13 For the purpose of determining the adjustment to be granted 54.14 under this subdivision, the commissioner must use the most 54.15 recent cost report that has been subject to desk audit. 54.16 (b) For the rate year beginning October 1, 1999, the 54.17 commissioner shall make available a rate increase for 54.18 compensation-related costs of 4.6 percent and a rate increase 54.19 for all other operating costs of 3.2 percent. 54.20 (c) For the rate year beginning October 1, 2000, the 54.21 commissioner shall make available a rate increase for 54.22 compensation related costs of 3.6 percent; an additional rate 54.23 increase for compensation-related costs of three percent which 54.24 must be used to increase the per-hour pay rate of all employees 54.25 except administrative and central office employees by an equal 54.26 dollar amount; and a rate increase for all other operating costs 54.27 of two percent. Money received by a facility as a result of the 54.28 additional rate increase for compensation-related costs of three 54.29 percent for the rate year beginning October 1, 2000, provided 54.30 under this paragraph shall be used only for wage increases 54.31 implemented on or after October 1, 2000, and shall not be used 54.32 for wage increases implemented prior to that date. 54.33 (d) For each facility, the commissioner shall determine the 54.34 payment rate adjustment using the categories specified in 54.35 paragraph (a) multiplied by the rate increases specified in 54.36 paragraph (b) or (c), and then dividing the resulting amount by 55.1 the facility's actual resident days. 55.2 (e) Any facility whose payment rates are governed by 55.3 closure agreements, receivership agreements, or Minnesota Rules, 55.4 part 9553.0075, are not eligible for an adjustment otherwise 55.5 granted under this subdivision. 55.6 (f) A facility may apply for the compensation-related 55.7 payment rate adjustment calculated under this subdivision. The 55.8 application must be made to the commissioner and contain a plan 55.9 by which the facility will distribute the compensation-related 55.10 portion of the payment rate adjustment to employees of the 55.11 facility. For facilities in which the employees are represented 55.12 by an exclusive bargaining representative, an agreement 55.13 negotiated and agreed to by the employer and the exclusive 55.14 bargaining representative constitutes the plan. For the second 55.15 rate year, a negotiated agreement may constitute the plan for 55.16 distribution of the additional three percent rate increase for 55.17 compensation-related costs only if the agreement is finalized 55.18 after the date of enactment of all rate increases for the second 55.19 rate year. The commissioner shall review the plan to ensure 55.20 that the payment rate adjustment per diem is used as provided in 55.21 this subdivision. To be eligible, a facility must submit its 55.22 plan for the compensation distribution by December 31 each 55.23 year. A facility may amend its plan for the second rate year by 55.24 submitting a revised plan by December 31, 2000. If a facility's 55.25 plan for compensation distribution is effective for its 55.26 employees after October 1 of the year that the funds are 55.27 available, the payment rate adjustment per diem shall be 55.28 effective the same date as its plan. 55.29 (g) A copy of the approved distribution plan must be made 55.30 available to all employees. This must be done by giving each 55.31 employee a copy or by posting it in an area of the facility to 55.32 which all employees have access. If an employee does not 55.33 receive the compensation adjustment described in their 55.34 facility's approved plan and is unable to resolve the problem 55.35 with the facility's management or through the employee's union 55.36 representative, the employee may contact the commissioner at an 56.1 address or telephone number provided by the commissioner and 56.2 included in the approved plan. 56.3 Sec. 10. Laws 1999, chapter 245, article 1, section 2, 56.4 subdivision 8, is amended to read: 56.5 Subd. 8. Continuing Care and 56.6 Community Support Grants 56.7 General 1,174,195,000 1,259,767,000 56.8 Lottery Prize 1,158,000 1,158,000 56.9 The amounts that may be spent from this 56.10 appropriation for each purpose are as 56.11 follows: 56.12 (a) Community Social Services 56.13 Block Grants 56.14 42,597,000 43,498,000 56.15 [CSSA TRADITIONAL APPROPRIATION.] 56.16 Notwithstanding Minnesota Statutes, 56.17 section 256E.06, subdivisions 1 and 2, 56.18 the appropriations available under that 56.19 section in fiscal years 2000 and 2001 56.20 must be distributed to each county 56.21 proportionately to the aid received by 56.22 the county in calendar year 1998. The 56.23 commissioner, in consultation with 56.24 counties, shall study the formula 56.25 limitations in subdivision 2 of that 56.26 section, and report findings and any 56.27 recommendations for revision of the 56.28 CSSA formula and its formula limitation 56.29 provisions to the legislature by 56.30 January 15, 2000. 56.31 (b) Consumer Support Grants 56.32 1,123,000 1,123,000 56.33 (c) Aging Adult Service Grants 56.34 7,965,000 7,765,000 56.35 [LIVING-AT-HOME/BLOCK NURSE PROGRAM.] 56.36 Of the general fund appropriation, 56.37 $120,000 in fiscal year 2000 and 56.38 $120,000 in fiscal year 2001 is for the 56.39 commissioner to provide funding to six 56.40 additional living-at-home/block nurse 56.41 programs. This appropriation shall 56.42 become part of the base for the 56.43 2002-2003 biennium. 56.44 [MINNESOTA SENIOR SERVICE CORPS.] Of 56.45 this appropriation, $160,000 for the 56.46 biennium is from the general fund to 56.47 the commissioner for the following 56.48 purposes: 56.49 (a) $40,000 in fiscal year 2000 and 56.50 $40,000 in fiscal year 2001 is to 56.51 increase the hourly stipend by ten 56.52 cents per hour in the foster 56.53 grandparent program, the retired and 56.54 senior volunteer program, and the 57.1 senior companion program. 57.2 (b) $40,000 in fiscal year 2000 and 57.3 $40,000 in fiscal year 2001 is for a 57.4 grant to the tri-valley opportunity 57.5 council in Crookston to expand services 57.6 in the ten-county area of northwestern 57.7 Minnesota. 57.8 (c) This appropriation shall become 57.9 part of the base for the 2002-2003 57.10 biennium. 57.11 [HEALTH INSURANCE COUNSELING.] Of this 57.12 appropriation, $100,000 in fiscal year 57.13 2000 and $100,000 in fiscal year 2001 57.14 is from the general fund to the 57.15 commissioner to transfer to the board 57.16 on aging for the purpose of awarding 57.17 health insurance counseling and 57.18 assistance grants to the area agencies 57.19 on aging providing state-funded health 57.20 insurance counseling services. Access 57.21 to health insurance counseling programs 57.22 shall be provided by the senior linkage 57.23 line service of the board on aging and 57.24 the area agencies on aging. The board 57.25 on aging shall explore opportunities 57.26 for obtaining alternative funding from 57.27 nonstate sources, including 57.28 contributions from individuals seeking 57.29 health insurance counseling services. 57.30 This is a one-time appropriation and 57.31 shall not become part of base level 57.32 funding for this activity for the 57.33 2002-2003 biennium. 57.34 (d) Deaf and Hard-of-Hearing 57.35 Services Grants 57.36 1,859,000 1,760,000 57.37 [SERVICES TO DEAF PERSONS WITH MENTAL 57.38 ILLNESS.] Of this appropriation, 57.39 $100,000 each year is to the 57.40 commissioner for a grant to a nonprofit 57.41 agency that currently serves deaf and 57.42 hard-of-hearing adults with mental 57.43 illness through residential programs 57.44 and supported housing outreach. The 57.45 grant must be used to operate a 57.46 community support program for persons 57.47 with mental illness that is 57.48 communicatively accessible for persons 57.49 who are deaf or hard-of-hearing. This 57.50 is a one-time appropriation and shall 57.51 not become part of base level funding 57.52 for this activity for the 2002-2003 57.53 biennium. 57.54 [DEAF-BLIND ORIENTATION AND MOBILITY 57.55 SERVICES.] Of this appropriation, 57.56 $120,000 for the biennium is to the 57.57 commissioner for a grant to DeafBlind 57.58 Services Minnesota to hire an 57.59 orientationand, mobility, and 57.60 deaf-blind specialist to work with 57.61 deaf-blind people and for related 57.62 costs. The specialist will provide 57.63 services to deaf-blind Minnesotans, and 57.64 training to teachers and rehabilitation 58.1 counselors, on a statewide basis. This 58.2is a one-timeappropriationandshall 58.3notbecome part of base level funding 58.4 for this activity for the 2002-2003 58.5 biennium. Notwithstanding section 13, 58.6 this paragraph expires on June 30, 2003. 58.7 (e) Mental Health Grants 58.8 General 45,169,000 46,528,000 58.9 Lottery Prize 1,158,000 1,158,000 58.10 [CRISIS HOUSING.] Of the general fund 58.11 appropriation, $126,000 in fiscal year 58.12 2000 and $150,000 in fiscal year 2001 58.13 is to the commissioner for the adult 58.14 mental illness crisis housing 58.15 assistance program under Minnesota 58.16 Statutes, section 245.99. This 58.17 appropriation shall become part of the 58.18 base for the 2002-2003 biennium. 58.19 [ADOLESCENT COMPULSIVE GAMBLING GRANT.] 58.20 $150,000 in fiscal year 2000 and 58.21 $150,000 in fiscal year 2001 is 58.22 appropriated from the lottery prize 58.23 fund created under Minnesota Statutes, 58.24 section 349A.10, subdivision 2, to the 58.25 commissioner for the purposes of a 58.26 grant to a compulsive gambling council 58.27 located in St. Louis county for a 58.28 statewide compulsive gambling 58.29 prevention and education project for 58.30 adolescents. 58.31 (f) Developmental Disabilities 58.32 Community Support Grants 58.33 9,323,000 10,958,000 58.34 [CRISIS INTERVENTION PROJECT.] Of this 58.35 appropriation, $40,000 in fiscal year 58.36 2000 is to the commissioner for the 58.37 action, support, and prevention project 58.38 of southeastern Minnesota. 58.39 [SILS FUNDING.] Of this appropriation, 58.40 $1,000,000 each year is for 58.41 semi-independent living services under 58.42 Minnesota Statutes, section 252.275. 58.43 This appropriation must be added to the 58.44 base level funding for this activity 58.45 for the 2002-2003 biennium. Unexpended 58.46 funds for fiscal year 2000 do not 58.47 cancel but are available to the 58.48 commissioner for this purpose in fiscal 58.49 year 2001. 58.50 [FAMILY SUPPORT GRANTS.] Of this 58.51 appropriation, $1,000,000 in fiscal 58.52 year 2000 and $2,500,000 in fiscal year 58.53 2001 is to increase the availability of 58.54 family support grants under Minnesota 58.55 Statutes, section 252.32. This 58.56 appropriation must be added to the base 58.57 level funding for this activity for the 58.58 2002-2003 biennium. Unexpended funds 58.59 for fiscal year 2000 do not cancel but 58.60 are available to the commissioner for 58.61 this purpose in fiscal year 2001. 59.1 (g) Medical Assistance Long-Term 59.2 Care Waivers and Home Care 59.3 349,052,000 414,240,000 59.4 [PROVIDER RATE INCREASES.] (a) The 59.5 commissioner shall increase 59.6 reimbursement rates by four percent the 59.7 first year of the biennium and bythree59.8 six percent the second year for the 59.9 providers listed in paragraph (b). The 59.10 increases shall be effective for 59.11 services rendered on or after July 1 of 59.12 each year. 59.13 (b) The rate increases described in 59.14 this section shall be provided to home 59.15 and community-based waivered services 59.16 for persons with mental retardation or 59.17 related conditions under Minnesota 59.18 Statutes, section 256B.501; home and 59.19 community-based waivered services for 59.20 the elderly under Minnesota Statutes, 59.21 section 256B.0915; waivered services 59.22 under community alternatives for 59.23 disabled individuals under Minnesota 59.24 Statutes, section 256B.49; community 59.25 alternative care waivered services 59.26 under Minnesota Statutes, section 59.27 256B.49; traumatic brain injury 59.28 waivered services under Minnesota 59.29 Statutes, section 256B.49; nursing 59.30 services and home health services under 59.31 Minnesota Statutes, section 256B.0625, 59.32 subdivision 6a; personal care services 59.33 and nursing supervision of personal 59.34 care services under Minnesota Statutes, 59.35 section 256B.0625, subdivision 19a; 59.36 private-duty nursing services under 59.37 Minnesota Statutes, section 256B.0625, 59.38 subdivision 7; day training and 59.39 habilitation services for adults with 59.40 mental retardation or related 59.41 conditions under Minnesota Statutes, 59.42 sections 252.40 to 252.46; alternative 59.43 care services under Minnesota Statutes, 59.44 section 256B.0913; adult residential 59.45 program grants under Minnesota Rules, 59.46 parts 9535.2000 to 9535.3000; adult and 59.47 family community support grants under 59.48 Minnesota Rules, parts 9535.1700 to 59.49 9535.1760; semi-independent living 59.50 services under Minnesota Statutes, 59.51 section 252.275, including SILS funding 59.52 under county social services grants 59.53 formerly funded under Minnesota 59.54 Statutes, chapter 256I; and community 59.55 support services for deaf and 59.56 hard-of-hearing adults with mental 59.57 illness who use or wish to use sign 59.58 language as their primary means of 59.59 communication. 59.60 (c) The commissioner shall increase 59.61 reimbursement rates by two percent for 59.62 the group residential housing 59.63 supplementary service rate under 59.64 Minnesota Statutes, section 256I.05, 59.65 subdivision 1a, for services rendered 59.66 on or after January 1, 2000. 60.1 (d) Providers that receive a rate 60.2 increase under this section shall use 60.3 at least 80 percent of the additional 60.4 revenue the first year to increase the 60.5 compensation paid to employees other 60.6 than the administrator and central 60.7 office staff. In the second year, 60.8 providers must use the additional 60.9 revenue as follows: 60.10 (1) at least 40 percent to increase the 60.11 compensation paid to employees other 60.12 than the administrator and central 60.13 office staff; 60.14 (2) at least 50 percent to increase the 60.15 per-hour pay rate of all employees 60.16 other than the administrator and 60.17 central office staff by an equal dollar 60.18 amount. For public employees, the 60.19 portion of this increase reserved to 60.20 increase the per-hour pay rate for 60.21 certain staff by an equal dollar amount 60.22 shall be available and pay rates shall 60.23 be increased only to the extent that 60.24 they comply with laws governing public 60.25 employees collective bargaining. Money 60.26 received by a provider as a result of 60.27 the additional rate increase described 60.28 in this clause shall be used only for 60.29 wage increases implemented on or after 60.30 July 1, 2000, and shall not be used for 60.31 wage increases implemented prior to 60.32 that date; and 60.33 (3) up to ten percent for other 60.34 purposes. 60.35 (e) A copy of the provider's plan for 60.36 complying with paragraph (d) must be 60.37 made available to all employees. This 60.38 must be done by giving each employee a 60.39 copy or by posting it in an area of the 60.40 provider's operation to which all 60.41 employees have access. If an employee 60.42 does not receive the salary adjustment 60.43 described in the plan and is unable to 60.44 resolve the problem with the provider, 60.45 the employee may contact the employee's 60.46 union representative. If the employee 60.47 is not covered by a collective 60.48 bargaining agreement, the employee may 60.49 contact the commissioner at a phone 60.50 number provided by the commissioner and 60.51 included in the provider's plan. 60.52 (f) Section 13, sunset of uncodified 60.53 language, does not apply to this 60.54 provision. 60.55 [DEVELOPMENTAL DISABILITIES WAIVER 60.56 SLOTS.] Of this appropriation, 60.57 $1,746,000 in fiscal year 2000 and 60.58 $4,683,000 in fiscal year 2001 is to 60.59 increase the availability of home and 60.60 community-based waiver services for 60.61 persons with mental retardation or 60.62 related conditions. 60.63 (h) Medical Assistance Long-Term 60.64 Care Facilities 61.1 546,228,000 558,349,000 61.2 [MORATORIUM EXCEPTIONS.] Of this 61.3 appropriation, $250,000 in fiscal year 61.4 2000 and $250,000 in fiscal year 2001 61.5 is from the general fund to the 61.6 commissioner for the medical assistance 61.7 costs of moratorium exceptions approved 61.8 by the commissioner of health under 61.9 Minnesota Statutes, section 144A.073. 61.10 Unexpended money appropriated for 61.11 fiscal year 2000 shall not cancel but 61.12 shall be available for fiscal year 2001. 61.13 [NURSING FACILITY OPERATED BY THE RED 61.14 LAKE BAND OF CHIPPEWA INDIANS.] (1) The 61.15 medical assistance payment rates for 61.16 the 47-bed nursing facility operated by 61.17 the Red Lake Band of Chippewa Indians 61.18 must be calculated according to 61.19 allowable reimbursement costs under the 61.20 medical assistance program, as 61.21 specified in Minnesota Statutes, 61.22 section 246.50, and are subject to the 61.23 facility-specific Medicare upper limits. 61.24 (2) In addition, the commissioner shall 61.25 make available an operating payment 61.26 rate adjustment effective July 1, 1999, 61.27 and July 1, 2000, that is equal to the 61.28 adjustment provided under Minnesota 61.29 Statutes, section 256B.431, subdivision 61.30 28. The commissioner must use the 61.31 facility's final 1998 and 1999 Medicare 61.32 cost reports, respectively, to 61.33 calculate the adjustment. The 61.34 adjustment shall be available based on 61.35 a plan submitted and approved according 61.36 to Minnesota Statutes, section 61.37 256B.431, subdivision 28. Section 13, 61.38 sunset of uncodified language, does not 61.39 apply to this paragraph. 61.40 [COSTS RELATED TO FACILITY 61.41 CERTIFICATION.] Of this appropriation, 61.42 $168,000 is for the costs of providing 61.43 one-half the state share of medical 61.44 assistance reimbursement for 61.45 residential and day habilitation 61.46 services under article 3, section 39. 61.47 This amount is available the day 61.48 following final enactment. 61.49 (i) Alternative Care Grants 61.50 General 60,873,000 59,981,000 61.51 [ALTERNATIVE CARE TRANSFER.] Any money 61.52 allocated to the alternative care 61.53 program that is not spent for the 61.54 purposes indicated does not cancel but 61.55 shall be transferred to the medical 61.56 assistance account. 61.57 [PREADMISSION SCREENING AMOUNT.] The 61.58 preadmission screening payment to all 61.59 counties shall continue at the payment 61.60 amount in effect for fiscal year 1999. 61.61 [ALTERNATIVE CARE APPROPRIATION.] The 62.1 commissioner may expend the money 62.2 appropriated for the alternative care 62.3 program for that purpose in either year 62.4 of the biennium. 62.5 (j) Group Residential Housing 62.6 General 66,477,000 70,390,000 62.7 [GROUP RESIDENTIAL FACILITY FOR WOMEN 62.8 IN RAMSEY COUNTY.] (a) Notwithstanding 62.9 Minnesota Statutes 1998, section 62.10 256I.05, subdivision 1d, the new 23-bed 62.11 group residential facility for women in 62.12 Ramsey county, with approval by the 62.13 county agency, may negotiate a 62.14 supplementary service rate in addition 62.15 to the board and lodging rate for 62.16 facilities licensed and registered by 62.17 the Minnesota department of health 62.18 under Minnesota Statutes, section 62.19 15.17. The supplementary service rate 62.20 shall not exceed $564 per person per 62.21 month and the total rate may not exceed 62.22 $1,177 per person per month. 62.23 (b) Of the general fund appropriation, 62.24 $19,000 in fiscal year 2000 and $38,000 62.25 in fiscal year 2001 is to the 62.26 commissioner for the costs associated 62.27 with paragraph (a). This appropriation 62.28 shall become part of the base for the 62.29 2002-2003 biennium. 62.30 (k) Chemical Dependency 62.31 Entitlement Grants 62.32 General 36,751,000 38,847,000 62.33 (l) Chemical Dependency 62.34 Nonentitlement Grants 62.35 General 6,778,000 6,328,000 62.36 [CHEMICAL DEPENDENCY SERVICES.] Of this 62.37 appropriation, $450,000 in fiscal year 62.38 2000 is to the commissioner for 62.39 chemical dependency services to persons 62.40 who qualify under Minnesota Statutes, 62.41 section 254B.04, subdivision 1, 62.42 paragraph (b). 62.43 Sec. 11. [INSTRUCTION TO REVISOR.] 62.44 The revisor, in the next edition of Minnesota Statutes, 62.45 shall recodify section 256.9751 as section 256.9731, and make 62.46 any necessary changes in cross-references. 62.47 ARTICLE 4 62.48 ASSISTANCE PROGRAM MODIFICATIONS 62.49 Section 1. Minnesota Statutes 1999 Supplement, section 62.50 119B.011, subdivision 15, is amended to read: 62.51 Subd. 15. [INCOME.] "Income" means earned or unearned 62.52 income received by all family members, including public 63.1 assistance cash benefits and at-home infant care subsidy 63.2 payments, unless specifically excluded and child support and 63.3 maintenance distributed to the family under section 256.741, 63.4 subdivision 15. The following are excluded from income: funds 63.5 used to pay for health insurance premiums for family members, 63.6 Supplemental Security Income, scholarships, work-study income, 63.7 and grants that cover costs or reimbursement for tuition, fees, 63.8 books, and educational supplies; student loans for tuition, 63.9 fees, books, supplies, and living expenses; state and federal 63.10 earned income tax credits; in-kind income such as food stamps, 63.11 energy assistance, foster care assistance, medical assistance, 63.12 child care assistance, and housing subsidies; earned income of 63.13 full or part-time students, who have not earned a high school 63.14 diploma or GED high school equivalency diploma including 63.15 earnings from summer employment; grant awards under the family 63.16 subsidy program; nonrecurring lump sum income only to the extent 63.17 that it is earmarked and used for the purpose for which it is 63.18 paid; and any income assigned to the public authority according 63.19 to section 256.74 or 256.741. 63.20 Sec. 2. [119B.30] [NOTICE TO PARENTS USING LEGAL 63.21 NONLICENSED CHILD CARE.] 63.22 Each county that is reimbursing legal nonlicensed child 63.23 care arrangements shall send a notice to the parent, guardian, 63.24 or eligible relative caregiver of each child using reimbursed 63.25 legal nonlicensed child care arrangements. The notice must 63.26 inform the parent, guardian, or eligible relative caregiver that 63.27 the child care arrangement is not licensed by the commissioner 63.28 of human services and as a result has not been inspected to 63.29 ensure that the child care safety standards are being met. 63.30 Sec. 3. Minnesota Statutes 1999 Supplement, section 63.31 256.019, is amended to read: 63.32 256.019 [RECOVERY OF MONEY; APPORTIONMENT.] 63.33 Subdivision 1. [RETENTION RATES.] When an assistance 63.34 recovery amount isrecovered from any source for assistance63.35givencollected and posted by a county agency under the 63.36 provisions governing public assistance programs includingthe64.1aid to families with dependent children program formerly64.2codified in sections 256.72 to 256.87, MFIP,general assistance 64.3 medical care,emergency assistance,general assistance, and 64.4 Minnesota supplemental aid, the county may keep one-half of the 64.5 recovery made by the county agency using any method other than 64.6 recoupment. For medical assistance, if the recovery is made by 64.7 a county agency using any method other than recoupment, the 64.8 county may keep one-half of the nonfederal share of the recovery. 64.9 This does not apply to recoveries from medical providers or 64.10 to recoveries begun by the department of human services' 64.11 surveillance and utilization review division, state hospital 64.12 collections unit, and the benefit recoveries division or, by the 64.13 attorney general's office, or child support collections. In the 64.14 food stamp program, the nonfederal share of recoveries in the 64.15 federal taxrefundoffset program(FTROP)only will be divided 64.16 equally between the state agency and the involved county agency. 64.17 Subd. 2. [RETENTION RATES FOR AFDC AND MFIP.] (a) When an 64.18 assistance recovery amount is collected and posted by a county 64.19 agency under the provisions governing the aid to families with 64.20 dependent children program formerly codified in sections 256.72 64.21 to 256.87 or MFIP under chapter 256J, the commissioner shall 64.22 reimburse the county agency from the proceeds of the recovery 64.23 using the applicable rate specified in paragraph (b) or (c). 64.24 (b) For recoveries of overpayments made on or before 64.25 September 30, 1996 from the aid to families with dependent 64.26 children program including the emergency assistance program, the 64.27 commissioner shall reimburse the county agency at a rate of 64.28 one-quarter of the recovery made by any method other than 64.29 recoupment. 64.30 (c) For recoveries of overpayments made after September 30, 64.31 1996, from the aid to families with dependent children including 64.32 the emergency assistance program and programs funded in whole or 64.33 in part by the Temporary Assistance to Needy Families program 64.34 under section 256J.02, subdivision 2, and recoveries of 64.35 non-federally funded food assistance under section 256J.11, the 64.36 commissioner shall reimburse the county agency at a rate of 65.1 one-quarter of the recovery made by any method other than 65.2 recoupment. 65.3 Sec. 4. Minnesota Statutes 1998, section 256.741, is 65.4 amended by adding a subdivision to read: 65.5 Subd. 15. [CHILD SUPPORT PASS-THROUGH.] The state shall 65.6 distribute current child support and maintenance received by the 65.7 state to an individual who assigns the right to that support 65.8 under subdivision 2, paragraph (a). 65.9 Sec. 5. Minnesota Statutes 1999 Supplement, section 65.10 256D.053, subdivision 1, is amended to read: 65.11 Subdivision 1. [PROGRAM ESTABLISHED.] The Minnesota food 65.12 assistance program is established to provide food assistance to 65.13 legal noncitizens residing in this state who are ineligible to 65.14 participate in the federal Food Stamp Program solely due to the 65.15 provisions of section 402 or 403 of Public Law Number 104-193, 65.16 as authorized by Title VII of the 1997 Emergency Supplemental 65.17 Appropriations Act, Public Law Number 105-18, and as amended by 65.18 Public Law Number 105-185. 65.19Beginning July 1, 2000, the Minnesota food assistance65.20program is limited to those noncitizens described in this65.21subdivision who are 50 years of age or older.65.22 Sec. 6. Minnesota Statutes 1999 Supplement, section 65.23 256J.02, subdivision 2, is amended to read: 65.24 Subd. 2. [USE OF MONEY.] State money appropriated for 65.25 purposes of this section and TANF block grant money must be used 65.26 for: 65.27 (1) financial assistance to or on behalf of any minor child 65.28 who is a resident of this state under section 256J.12; 65.29 (2) employment and training services under this chapter or 65.30 chapter 256K; 65.31 (3) emergency financial assistance and services under 65.32 section 256J.48; 65.33 (4) diversionary assistance under section 256J.47; 65.34 (5) the health care and human services training and 65.35 retention program under chapter 116L, for costs associated with 65.36 families with children with incomes below 200 percent of the 66.1 federal poverty guidelines; 66.2 (6) the pathways program under section 116L.04, subdivision 66.3 1a; 66.4 (7) welfare-to-work extended employment services for MFIP 66.5 participants with severe impairment to employment as defined in 66.6 section 268A.15, subdivision 1a; 66.7 (8) the family homeless prevention and assistance program 66.8 under section 462A.204; 66.9 (9) the rent assistance for family stabilization 66.10 demonstration project under section 462A.205;and66.11 (10) welfare to work transportation authorized under Public 66.12 Law Number 105-178; 66.13 (11) reimbursements for the federal share of child support 66.14 collections passed through to the custodial parent; and 66.15 (12) program administration under this chapter. 66.16 Sec. 7. [256J.021] [SEPARATE STATE PROGRAM FOR TWO-PARENT 66.17 FAMILIES.] 66.18 Starting October 1, 2000, and each year thereafter, the 66.19 commissioner must treat financial assistance expenditures made 66.20 to or on behalf of any minor child under section 256J.02, 66.21 subdivision 2, clause (1), who is a resident of this state under 66.22 section 256J.12 and who is part of a two-parent eligible 66.23 household as expenditures under a separately funded state 66.24 program and report those expenditures to the department of 66.25 health and human services as separate state program expenditures 66.26 under Code of Federal Regulations, title 45, chapter II, part 66.27 263.5. 66.28 Sec. 8. [256J.022] [CHILD SUPPORT PASS-THROUGH.] 66.29 For purposes of claiming the pass-through of child support 66.30 under section 256.741 as maintenance of effort for the temporary 66.31 assistance to needy families grant, the commissioner shall 66.32 exclude 50 percent of the amount passed through under section 66.33 256J.21, subdivision 2. That 50 percent shall include the 66.34 entire state share of current child support and maintenance 66.35 payments and an amount of the federal share sufficient to 66.36 provide a disregard equivalent to 50 percent of the combined 67.1 state and federal shares. 67.2 Sec. 9. Minnesota Statutes 1999 Supplement, section 67.3 256J.08, subdivision 86, is amended to read: 67.4 Subd. 86. [UNEARNED INCOME.] "Unearned income" means 67.5 income received by a person that does not meet the definition of 67.6 earned income. Unearned income includes income from a contract 67.7 for deed, interest, dividends, reemployment compensation, 67.8 disability insurance payments, veterans benefits, pension 67.9 payments, return on capital investment, insurance payments or 67.10 settlements, severance payments, child support and maintenance 67.11 payments, and payments for illness or disability whether the 67.12 premium payments are made in whole or in part by an employer or 67.13 participant. 67.14 Sec. 10. Minnesota Statutes 1999 Supplement, section 67.15 256J.21, subdivision 2, is amended to read: 67.16 Subd. 2. [INCOME EXCLUSIONS.] (a) The following must be 67.17 excluded in determining a family's available income: 67.18 (1) payments for basic care, difficulty of care, and 67.19 clothing allowances received for providing family foster care to 67.20 children or adults under Minnesota Rules, parts 9545.0010 to 67.21 9545.0260 and 9555.5050 to 9555.6265, and payments received and 67.22 used for care and maintenance of a third-party beneficiary who 67.23 is not a household member; 67.24 (2) reimbursements for employment training received through 67.25 the Job Training Partnership Act, United States Code, title 29, 67.26 chapter 19, sections 1501 to 1792b; 67.27 (3) reimbursement for out-of-pocket expenses incurred while 67.28 performing volunteer services, jury duty, employment, or 67.29 informal carpooling arrangements directly related to employment; 67.30 (4) all educational assistance, except the county agency 67.31 must count graduate student teaching assistantships, 67.32 fellowships, and other similar paid work as earned income and, 67.33 after allowing deductions for any unmet and necessary 67.34 educational expenses, shall count scholarships or grants awarded 67.35 to graduate students that do not require teaching or research as 67.36 unearned income; 68.1 (5) loans, regardless of purpose, from public or private 68.2 lending institutions, governmental lending institutions, or 68.3 governmental agencies; 68.4 (6) loans from private individuals, regardless of purpose, 68.5 provided an applicant or participant documents that the lender 68.6 expects repayment; 68.7 (7)(i) state income tax refunds; and 68.8 (ii) federal income tax refunds; 68.9 (8)(i) federal earned income credits; 68.10 (ii) Minnesota working family credits; 68.11 (iii) state homeowners and renters credits under chapter 68.12 290A; and 68.13 (iv) federal or state tax rebates; 68.14 (9) funds received for reimbursement, replacement, or 68.15 rebate of personal or real property when these payments are made 68.16 by public agencies, awarded by a court, solicited through public 68.17 appeal, or made as a grant by a federal agency, state or local 68.18 government, or disaster assistance organizations, subsequent to 68.19 a presidential declaration of disaster; 68.20 (10) the portion of an insurance settlement that is used to 68.21 pay medical, funeral, and burial expenses, or to repair or 68.22 replace insured property; 68.23 (11) reimbursements for medical expenses that cannot be 68.24 paid by medical assistance; 68.25 (12) payments by a vocational rehabilitation program 68.26 administered by the state under chapter 268A, except those 68.27 payments that are for current living expenses; 68.28 (13) in-kind income, including any payments directly made 68.29 by a third party to a provider of goods and services; 68.30 (14) assistance payments to correct underpayments, but only 68.31 for the month in which the payment is received; 68.32 (15) emergency assistance payments; 68.33 (16) funeral and cemetery payments as provided by section 68.34 256.935; 68.35 (17) nonrecurring cash gifts of $30 or less, not exceeding 68.36 $30 per participant in a calendar month; 69.1 (18) any form of energy assistance payment made through 69.2 Public Law Number 97-35, Low-Income Home Energy Assistance Act 69.3 of 1981, payments made directly to energy providers by other 69.4 public and private agencies, and any form of credit or rebate 69.5 payment issued by energy providers; 69.6 (19) Supplemental Security Income, including retroactive 69.7 payments; 69.8 (20) Minnesota supplemental aid, including retroactive 69.9 payments; 69.10 (21) proceeds from the sale of real or personal property; 69.11 (22) adoption assistance payments under section 259.67; 69.12 (23) state-funded family subsidy program payments made 69.13 under section 252.32 to help families care for children with 69.14 mental retardation or related conditions; 69.15 (24) interest payments and dividends from property that is 69.16 not excluded from and that does not exceed the asset limit; 69.17 (25) rent rebates; 69.18 (26) income earned by a minor caregiver, minor child 69.19 through age 6, or a minor child who is at least a half-time 69.20 student in an approved elementary or secondary education 69.21 program; 69.22 (27) income earned by a caregiver under age 20 who is at 69.23 least a half-time student in an approved elementary or secondary 69.24 education program; 69.25 (28) MFIP child care payments under section 119B.05; 69.26 (29) all other payments made through MFIP to support a 69.27 caregiver's pursuit of greater self-support; 69.28 (30) income a participant receives related to shared living 69.29 expenses; 69.30 (31) reverse mortgages; 69.31 (32) benefits provided by the Child Nutrition Act of 1966, 69.32 United States Code, title 42, chapter 13A, sections 1771 to 69.33 1790; 69.34 (33) benefits provided by the women, infants, and children 69.35 (WIC) nutrition program, United States Code, title 42, chapter 69.36 13A, section 1786; 70.1 (34) benefits from the National School Lunch Act, United 70.2 States Code, title 42, chapter 13, sections 1751 to 1769e; 70.3 (35) relocation assistance for displaced persons under the 70.4 Uniform Relocation Assistance and Real Property Acquisition 70.5 Policies Act of 1970, United States Code, title 42, chapter 61, 70.6 subchapter II, section 4636, or the National Housing Act, United 70.7 States Code, title 12, chapter 13, sections 1701 to 1750jj; 70.8 (36) benefits from the Trade Act of 1974, United States 70.9 Code, title 19, chapter 12, part 2, sections 2271 to 2322; 70.10 (37) war reparations payments to Japanese Americans and 70.11 Aleuts under United States Code, title 50, sections 1989 to 70.12 1989d; 70.13 (38) payments to veterans or their dependents as a result 70.14 of legal settlements regarding Agent Orange or other chemical 70.15 exposure under Public Law Number 101-239, section 10405, 70.16 paragraph (a)(2)(E); 70.17 (39) income that is otherwise specifically excluded from 70.18 MFIP consideration in federal law, state law, or federal 70.19 regulation; 70.20 (40) security and utility deposit refunds; 70.21 (41) American Indian tribal land settlements excluded under 70.22 Public Law Numbers 98-123, 98-124, and 99-377 to the Mississippi 70.23 Band Chippewa Indians of White Earth, Leech Lake, and Mille Lacs 70.24 reservations and payments to members of the White Earth Band, 70.25 under United States Code, title 25, chapter 9, section 331, and 70.26 chapter 16, section 1407; 70.27 (42) all income of the minor parent's parents and 70.28 stepparents when determining the grant for the minor parent in 70.29 households that include a minor parent living with parents or 70.30 stepparents on MFIP with other children; and 70.31 (43) income of the minor parent's parents and stepparents 70.32 equal to 200 percent of the federal poverty guideline for a 70.33 family size not including the minor parent and the minor 70.34 parent's child in households that include a minor parent living 70.35 with parents or stepparents not on MFIP when determining the 70.36 grant for the minor parent. The remainder of income is deemed 71.1 as specified in section 256J.37, subdivision 1b; 71.2 (44) payments made to children eligible for relative 71.3 custody assistance under section 257.85; 71.4 (45) vendor payments for goods and services made on behalf 71.5 of a client unless the client has the option of receiving the 71.6 payment in cash;and71.7 (46) the principal portion of a contract for deed payment; 71.8 and 71.9 (47) 50 percent of current child support and maintenance 71.10 payments. 71.11 Sec. 11. Minnesota Statutes 1999 Supplement, section 71.12 256J.33, subdivision 4, is amended to read: 71.13 Subd. 4. [MONTHLY INCOME TEST.] A county agency must apply 71.14 the monthly income test retrospectively for each month of MFIP 71.15 eligibility. An assistance unit is not eligible when the 71.16 countable income equals or exceeds the MFIP standard of need or 71.17 the family wage level for the assistance unit. The income 71.18 applied against the monthly income test must include: 71.19 (1) gross earned income from employment, prior to mandatory 71.20 payroll deductions, voluntary payroll deductions, wage 71.21 authorizations, and after the disregards in section 256J.21, 71.22 subdivision 4, and the allocations in section 256J.36, unless 71.23 the employment income is specifically excluded under section 71.24 256J.21, subdivision 2; 71.25 (2) gross earned income from self-employment less 71.26 deductions for self-employment expenses in section 256J.37, 71.27 subdivision 5, but prior to any reductions for personal or 71.28 business state and federal income taxes, personal FICA, personal 71.29 health and life insurance, and after the disregards in section 71.30 256J.21, subdivision 4, and the allocations in section 256J.36; 71.31 (3) unearned income after deductions for allowable expenses 71.32 in section 256J.37, subdivision 9, and allocations in section 71.33 256J.36, unless the income has been specifically excluded in 71.34 section 256J.21, subdivision 2; 71.35 (4) gross earned income from employment as determined under 71.36 clause (1) which is received by a member of an assistance unit 72.1 who is a minor child or minor caregiver and less than a 72.2 half-time student; 72.3 (5) child support and spousal support receivedor72.4anticipated to be receivedby an assistance unit; 72.5 (6) the income of a parent when that parent is not included 72.6 in the assistance unit; 72.7 (7) the income of an eligible relative and spouse who seek 72.8 to be included in the assistance unit; and 72.9 (8) the unearned income of a minor child included in the 72.10 assistance unit. 72.11 Sec. 12. Minnesota Statutes 1999 Supplement, section 72.12 256J.34, subdivision 1, is amended to read: 72.13 Subdivision 1. [PROSPECTIVE BUDGETING.] A county agency 72.14 must use prospective budgeting to calculate the assistance 72.15 payment amount for the first two months for an applicant who has 72.16 not received assistance in this state for at least one payment 72.17 month preceding the first month of payment under a current 72.18 application. Notwithstanding subdivision 3, paragraph (a), 72.19 clause (2), a county agency must use prospective budgeting for 72.20 the first two months for a person who applies to be added to an 72.21 assistance unit. Prospective budgeting is not subject to 72.22 overpayments or underpayments unless fraud is determined under 72.23 section 256.98. 72.24 (a) The county agency must apply the income received or 72.25 anticipated in the first month of MFIP eligibility against the 72.26 need of the first month. The county agency must apply the 72.27 income received or anticipated in the second month against the 72.28 need of the second month. 72.29 (b) When the assistance payment for any part of the first 72.30 two months is based on anticipated income, the county agency 72.31 must base the initial assistance payment amount on the 72.32 information available at the time the initial assistance payment 72.33 is made. 72.34 (c) The county agency must determine the assistance payment 72.35 amount for the first two months of MFIP eligibility by budgeting 72.36 both recurring and nonrecurring income for those two months. 73.1(d) The county agency must budget the child support income73.2received or anticipated to be received by an assistance unit to73.3determine the assistance payment amount from the month of73.4application through the date in which MFIP eligibility is73.5determined and assistance is authorized. Child support income73.6which has been budgeted to determine the assistance payment in73.7the initial two months is considered nonrecurring income. An73.8assistance unit must forward any payment of child support to the73.9child support enforcement unit of the county agency following73.10the date in which assistance is authorized.73.11 Sec. 13. Minnesota Statutes 1999 Supplement, section 73.12 256J.34, subdivision 4, is amended to read: 73.13 Subd. 4. [SIGNIFICANT CHANGE IN GROSS INCOME.] The county 73.14 agency must recalculate the assistance payment when an 73.15 assistance unit experiences a significant change, as defined in 73.16 section 256J.08, resulting in a reduction in the gross income 73.17 received in the payment month from the gross income received in 73.18 the budget month. The county agency must issue a supplemental 73.19 assistance payment based on the county agency's best estimate of 73.20 the assistance unit's income and circumstances for the payment 73.21 month. Supplemental assistance payments that result from 73.22 significant changes are limited to two in a 12-month period 73.23 regardless of the reason for the change. Notwithstanding any 73.24 other statute or rule of law, supplementary assistance payments 73.25 shall not be made when the significant change in income is the 73.26 result of receipt of a lump sum, receipt of an extra paycheck, 73.27 business fluctuation in self-employment income, or an assistance 73.28 unit member's participation in a strike or other labor action. 73.29Supplementary assistance payments due to a significant change in73.30the amount of direct support received must not be made after the73.31date the assistance unit is required to forward support to the73.32child support enforcement unit under subdivision 1, paragraph73.33(d).73.34 Sec. 14. Minnesota Statutes 1999 Supplement, section 73.35 256J.37, subdivision 9, is amended to read: 73.36 Subd. 9. [UNEARNED INCOME.](a)The county agency must 74.1 apply unearned income to the MFIP standard of need. When 74.2 determining the amount of unearned income, the county agency 74.3 must deduct the costs necessary to secure payments of unearned 74.4 income. These costs include legal fees, medical fees, and 74.5 mandatory deductions such as federal and state income taxes. 74.6(b) Effective January 1, 2001, the county agency shall74.7count $100 of the value of public and assisted rental subsidies74.8provided through the Department of Housing and Urban Development74.9(HUD) as unearned income. The full amount of the subsidy must74.10be counted as unearned income when the subsidy is less than $100.74.11(c) The provisions of paragraph (b) shall not apply to MFIP74.12participants who are exempt from the employment and training74.13services component because they are:74.14(i) individuals who are age 60 or older;74.15(ii) individuals who are suffering from a professionally74.16certified permanent or temporary illness, injury, or incapacity74.17which is expected to continue for more than 30 days and which74.18prevents the person from obtaining or retaining employment; or74.19(iii) caregivers whose presence in the home is required74.20because of the professionally certified illness or incapacity of74.21another member in the assistance unit, a relative in the74.22household, or a foster child in the household.74.23(d) The provisions of paragraph (b) shall not apply to an74.24MFIP assistance unit where the parental caregiver receives74.25supplemental security income.74.26 Sec. 15. Minnesota Statutes 1999 Supplement, section 74.27 256J.46, subdivision 1, is amended to read: 74.28 Subdivision 1. [SANCTIONS FOR PARTICIPANTS NOT COMPLYING 74.29 WITH PROGRAM REQUIREMENTS.] (a) A participant who fails without 74.30 good cause to comply with the requirements of this chapter, and 74.31 who is not subject to a sanction under subdivision 2, shall be 74.32 subject to a sanction as provided in this subdivision. 74.33 A sanction under this subdivision becomes effective the 74.34 month following the month in which a required notice is given. 74.35 A sanction must not be imposed when a participant comes into 74.36 compliance with the requirements for orientation under section 75.1 256J.45 or third-party liability for medical services under 75.2 section 256J.30, subdivision 10, prior to the effective date of 75.3 the sanction. A sanction must not be imposed when a participant 75.4 comes into compliance with the requirements for employment and 75.5 training services under sections 256J.49 to 256J.72 ten days 75.6 prior to the effective date of the sanction. For purposes of 75.7 this subdivision, each month that a participant fails to comply 75.8 with a requirement of this chapter shall be considered a 75.9 separate occurrence of noncompliance. A participant who has had 75.10 one or more sanctions imposed must remain in compliance with the 75.11 provisions of this chapter for six months in order for a 75.12 subsequent occurrence of noncompliance to be considered a first 75.13 occurrence. 75.14 (b) Sanctions for noncompliance shall be imposed as follows: 75.15 (1) For the first occurrence of noncompliance by a 75.16 participant in a single-parent household or by one participant 75.17 in a two-parent household, the job counselor must initiate 75.18 personal contact with the participant by either having a 75.19 personal meeting with the participant or a telephone 75.20 conversation with the participant. The job counselor shall 75.21 thoroughly review the exemption categories and good cause 75.22 categories to determine if the participant falls under one or 75.23 more of these categories. If the participant does not fall 75.24 under an exemption or good cause category, the assistance unit's 75.25 grant shall be reduced by ten percent of the MFIP standard of 75.26 need for an assistance unit of the same size with the residual 75.27 grant paid to the participant. The reduction in the grant 75.28 amount must be in effect for a minimum of one month and shall be 75.29 removed in the month following the month that the participant 75.30 returns to compliance. 75.31 (2) For a second or subsequent occurrence of noncompliance, 75.32 or when both participants in a two-parent household are out of 75.33 compliance at the same time, the assistance unit's shelter costs 75.34 shall be vendor paid up to the amount of the cash portion of the 75.35 MFIP grant for which the participant's assistance unit is 75.36 eligible. At county option, the assistance unit's utilities may 76.1 also be vendor paid up to the amount of the cash portion of the 76.2 MFIP grant remaining after vendor payment of the assistance 76.3 unit's shelter costs. The residual amount of the grant after 76.4 vendor payment, if any, must be reduced by an amount equal to 30 76.5 percent of the MFIP standard of need for an assistance unit of 76.6 the same size before the residual grant is paid to the 76.7 assistance unit. The reduction in the grant amount must be in 76.8 effect for a minimum of one month and shall be removed in the 76.9 month following the month that a participant in a one-parent 76.10 household returns to compliance. In a two-parent household, the 76.11 grant reduction must be in effect for a minimum of one month and 76.12 shall be removed in the month following the month both 76.13 participants return to compliance. The vendor payment of 76.14 shelter costs and, if applicable, utilities shall be removed six 76.15 months after the month in which the participant or participants 76.16 return to compliance. 76.17 (c) No later than during the second month that a sanction 76.18 under paragraph (b), clause (2), is in effect due to 76.19 noncompliance with employment services, the participant's case 76.20 file must be reviewed to determine if: 76.21 (i) the continued noncompliance can be explained and 76.22 mitigated by providing a needed preemployment activity, as 76.23 defined in section 256J.49, subdivision 13, clause (16); 76.24 (ii) the participant qualifies for a good cause exception 76.25 under section 256J.57; or 76.26 (iii) the participant qualifies for an exemption under 76.27 section 256J.56. 76.28 If the lack of an identified activity can explain the 76.29 noncompliance, the county must work with the participant to 76.30 provide the identified activity, and the county must restore the 76.31 participant's grant amount to the full amount for which the 76.32 assistance unit is eligible. The grant must be restored 76.33 retroactively to the first day of the month in which the 76.34 participant was found to lack preemployment activities or to 76.35 qualify for an exemption or good cause exception. 76.36 If the participant is found to qualify for a good cause 77.1 exception or an exemption, the county must restore the 77.2 participant's grant to the full amount for which the assistance 77.3 unit is eligible. 77.4 Sec. 16. Minnesota Statutes 1998, section 256J.47, 77.5 subdivision 1, is amended to read: 77.6 Subdivision 1. [ELIGIBILITY.] A family is eligible to 77.7 receive diversionary assistance once every3612 months if: 77.8 (1) a family member has resided in this state for at least 77.9 30 days; 77.10 (2) the caregiver provides verification that the caregiver 77.11 has either experienced an unexpected occurrence that makes it 77.12 impossible to retain or obtain employment or the caregiver has a 77.13 temporary loss of income, which is not due to refusing to accept 77.14 or terminating suitable employment as defined in section 77.15 256J.49, without good cause under section 256J.57, resulting in 77.16 an emergency; 77.17 (3) the caregiver is at risk of MFIP-S eligibility if 77.18 diversionary assistance is not provided and household income is 77.19 below140200 percent of the federal poverty guidelines; and 77.20 (4) the diversionary assistance will resolve the emergency 77.21 and divert the family from applying for MFIP-S. 77.22 For purposes of this section, diversionary assistance means 77.23 a one-time lump-sum payment to an individual or third-party 77.24 vendor to prevent long-term receipt of public assistance. 77.25 Sec. 17. Minnesota Statutes 1998, section 256J.50, 77.26 subdivision 7, is amended to read: 77.27 Subd. 7. [LOCAL SERVICE UNIT PLAN.] (a) Each local or 77.28 county service unit shall prepare and submit a plan as specified 77.29 in section 268.88. 77.30 (b) The plan must include a description of how projects 77.31 funded under the local interventions for family employment in 77.32 section 256J.62, subdivision 3a, operate in the local service 77.33 unit, including: 77.34 (1) target population of hard-to-employ participants and 77.35 working participants in need of job retention and wage 77.36 advancement services, with a description of how individual 78.1 participant needs will be met; 78.2 (2) services that will be provided which may include, but 78.3 are not limited to, paid work experience, enhanced mental health 78.4 services, outreach to sanctioned families, child care for social 78.5 services, child care transition year set-aside, homeless and 78.6 housing advocacy, and transportation; 78.7 (3) a description of services the county provides, or will 78.8 provide, to MFIP participants affected by chemical dependency, 78.9 mental health issues, or family violence; 78.10 (4) projected expenditures by activity; and 78.11 (5) anticipated program outcomes, including the anticipated 78.12 impact the intervention efforts will have on performance 78.13 measures under section 256J.751 and on reducing the number of 78.14 MFIP participants expected to reach their 60-month time limit. 78.15 Each plan must demonstrate how the county or tribe is 78.16 working within its organization and with other organizations in 78.17 the community to serve hard-to-employ populations and working 78.18 participants in need of job retention and wage advancement 78.19 services, including how organizations in the community were 78.20 engaged in planning for use of these funds, the services other 78.21 entities will provide under the plan, and whether multicounty or 78.22 regional strategies are being implemented as part of this plan. 78.23 (c) The activities and the projected expenditures described 78.24 in the plan must enhance MFIP activities without supplanting 78.25 existing activities and expenditures. 78.26 (d) This plan must be approved before the local service 78.27 unit is eligible for funds from the local intervention for 78.28 family employment allocation in section 256J.62. 78.29 Sec. 18. Minnesota Statutes 1998, section 256J.52, 78.30 subdivision 2, is amended to read: 78.31 Subd. 2. [INITIAL ASSESSMENT.] (a) The job counselor must, 78.32 with the cooperation of the participant, assess the 78.33 participant's ability to obtain and retain employment. This 78.34 initial assessment must include a review of the participant's 78.35 education level, prior employment or work experience, 78.36 transferable work skills, and existing job markets. 79.1 (b) The job counselor must thoroughly review the good cause 79.2 exemptions under section 256J.57, and exempt a participant 79.3 according to that section of law if the participant falls under 79.4 one or more of the exemption categories, and the participant 79.5 agrees that the participant does not wish to participate in 79.6 employment and training services. If the participant does not 79.7 fall under an exemption category, the job counselor must 79.8 carefully screen the participant to determine if the participant 79.9 is experiencing potential barriers to employment, which may 79.10 include, but are not limited to, mental health problems, 79.11 physical impairments or disabilities, chronic health conditions, 79.12 chemical dependency problems, or remedial reading or math 79.13 skills. If the participant is not exempt but the job counselor 79.14 determines that the participant has potential barriers to 79.15 employment that will not be overcome with job search, the job 79.16 counselor must conduct a secondary assessment under subdivision 79.17 4. 79.18 (c) In assessing the participant, the job counselor must 79.19 determine if the participant needs refresher courses for 79.20 professional certification or licensure, in which case, the job 79.21 search plan under subdivision 3 must include the courses 79.22 necessary to obtain the certification or licensure, in addition 79.23 to other work activities, provided the combination of the 79.24 courses and other work activities are at least for 40 hours per 79.25 week. 79.26(c)(d) If a participant can demonstrate to the 79.27 satisfaction of the county agency that lack of proficiency in 79.28 English is a barrier to obtaining suitable employment, the job 79.29 counselor must include participation in an intensive English as 79.30 a second language program if available or otherwise a regular 79.31 English as a second language program in the individual's 79.32 employment plan under subdivision 5. Lack of proficiency in 79.33 English is not necessarily a barrier to employment. 79.34(d)(e) The job counselor may approve an education or 79.35 training plan, and postpone the job search requirement, if the 79.36 participant has a proposal for an education program which: 80.1 (1) can be completed within 12 months; 80.2 (2) meets the criteria of section 256J.53, subdivisions 2, 80.3 3, and 5; and 80.4 (3) is likely, without additional training, to lead to 80.5 monthly employment earnings which, after subtraction of the 80.6 earnings disregard under section 256J.21, equal or exceed the 80.7 family wage level for the participant's assistance unit. 80.8(e)(f) A participant who, at the time of the initial 80.9 assessment, presents a plan that includes farming as a 80.10 self-employed work activity must have an employment plan 80.11 developed under subdivision 5 that includes the farming as an 80.12 approved work activity. 80.13 Sec. 19. Minnesota Statutes 1999 Supplement, section 80.14 256J.52, subdivision 3, is amended to read: 80.15 Subd. 3. [JOB SEARCH; JOB SEARCH SUPPORT PLAN.] (a) If, 80.16 after the initial assessment, the job counselor determines that 80.17 the participant possesses sufficient skills that the participant 80.18 is likely to succeed in obtaining suitable employment, the 80.19 participant must conduct job search for a period of up to eight 80.20 weeks, for at least 30 hours per week. The participant must 80.21 accept any offer of suitable employment. Upon agreement by the 80.22 job counselor and the participant, a job search support plan may 80.23 limit a job search to jobs that are consistent with the 80.24 participant's employment goal. The job counselor and 80.25 participant must develop a job search support plan which 80.26 specifies, at a minimum: whether the job search is to be 80.27 supervised or unsupervised; support services that will be 80.28 provided while the participant conducts job search activities; 80.29 the courses necessary to obtain certification or licensure, if 80.30 applicable, and after obtaining the license or certificate, the 80.31 client must comply with subdivision 5; and how frequently the 80.32 participant must report to the job counselor on the status of 80.33 the participant's job search activities. The job search support 80.34 plan may also specify that the participant fulfill a specified 80.35 portion of the required hours of job search through attending 80.36 adult basic education or English as a second language classes. 81.1 (b) A participant with low skills in reading or mathematics 81.2 who is proficient only at or below an eighth-grade level must be 81.3 allowed to include basic education activities, which includes, 81.4 but is not limited to, regular or intensive English as a second 81.5 language activities, obtaining a GED or its equivalent, and 81.6 learning or enhancing soft skills, in a job search support plan. 81.7 (c) During the eight-week job search period, either the job 81.8 counselor or the participant may request a review of the 81.9 participant's job search plan and progress towards obtaining 81.10 suitable employment. If a review is requested by the 81.11 participant, the job counselor must concur that the review is 81.12 appropriate for the participant at that time. If a review is 81.13 conducted, the job counselor may make a determination to conduct 81.14 a secondary assessment prior to the conclusion of the job search. 81.15(c)(d) Failure to conduct the required job search, to 81.16 accept any offer of suitable employment, to develop or comply 81.17 with a job search support plan, or voluntarily quitting suitable 81.18 employment without good cause results in the imposition of a 81.19 sanction under section 256J.46. If at the end of eight weeks 81.20 the participant has not obtained suitable employment, the job 81.21 counselor must conduct a secondary assessment of the participant 81.22 under subdivision34. 81.23 Sec. 20. Minnesota Statutes 1999 Supplement, section 81.24 256J.52, subdivision 4, is amended to read: 81.25 Subd. 4. [SECONDARY ASSESSMENT.] (a) The job counselor 81.26 must conduct a secondary assessment for those participants who: 81.27 (1) in the judgment of the job counselor, have barriers to 81.28 obtaining employment that will not be overcome with a job search 81.29 support plan under subdivision 3; 81.30 (2) have completed eight weeks of job search under 81.31 subdivision 3 without obtaining or retaining suitable 81.32 employment; 81.33 (3) have not received a secondary assessment, are working 81.34 at least 20 hours per week, and the participant, job counselor, 81.35 or county agency requests a secondary assessment; or 81.36 (4) have an existing job search plan or employment plan 82.1 developed for another program or are already involved in 82.2 training or education activities under section 256J.55, 82.3 subdivision 5. 82.4 (b) In the secondary assessment the job counselor must 82.5 evaluate the participant's skills and prior work experience, 82.6 family circumstances, interests and abilities, need for 82.7 preemployment activities, supportive or educational services, 82.8 and the extent of any barriers to employment. Failure to 82.9 complete a secondary assessment shall result in the imposition 82.10 of a sanction as specified in sections 256J.46 and 256J.57. The 82.11 job counselor must use the information gathered through the 82.12 secondary assessment to develop an employment plan under 82.13 subdivision 5. 82.14 (c) The job counselor may require the participant to 82.15 complete a professional chemical use assessment to be performed 82.16 according to the rules adopted under section 254A.03, 82.17 subdivision 3, including provisions in the administrative rules 82.18 which recognize the cultural background of the participant, or a 82.19 professional psychological assessment by a qualified mental 82.20 health professional as a component of the secondary assessment, 82.21 when the job counselor has a reasonable belief, based on 82.22 objective evidence, that a participant's ability to obtain and 82.23 retain suitable employment is impaired by amedical condition82.24 mental health or chemical abuse problem. The job counselormay82.25 must ensure that appropriate services, including counseling, 82.26 treatment, child care assistance, and transportation, are 82.27 available to the participant to meet needs identified by the 82.28 assessment. Data gathered as part of a professional assessment 82.29 must be classified and disclosed according to the provisions in 82.30 section 13.46. 82.31 (d) The provider shall make available to participants 82.32 information regarding additional vendors or resources which 82.33 provide employment and training services that may be available 82.34 to the participant under a plan developed under this section. 82.35 At a minimum, the provider must make available information on 82.36 the following resources: business and higher education 83.1 partnerships operated under the Minnesota job skills 83.2 partnership, community and technical colleges, adult basic 83.3 education programs, and services offered by vocational 83.4 rehabilitation programs. The information must include a brief 83.5 summary of services provided and related performance 83.6 indicators. Performance indicators must include, but are not 83.7 limited to, the average time to complete program offerings, 83.8 placement rates, entry and average wages, and retention rates. 83.9 To be included in the information given to participants, a 83.10 vendor or resource must provide counties with relevant 83.11 information in the format required by the county. 83.12 Sec. 21. Minnesota Statutes 1999 Supplement, section 83.13 256J.52, subdivision 5, is amended to read: 83.14 Subd. 5. [EMPLOYMENT PLAN; CONTENTS.] (a) Based on the 83.15 secondary assessment under subdivision 4, the job counselor and 83.16 the participant must develop an employment plan for the 83.17 participant that includes specific activities that are tied to 83.18 an employment goal and a plan for long-term self-sufficiency, 83.19 and that is designed to move the participant along the most 83.20 direct path to unsubsidized employment. The employment plan 83.21 must list the specific steps that will be taken to obtain 83.22 employment and a timetable for completion of each of the steps. 83.23 Upon agreement by the job counselor and the participant, the 83.24 employment plan may limit a job search to jobs that are 83.25 consistent with the participant's employment goal. 83.26 (b) As part of the development of the participant's 83.27 employment plan, the participant shall have the option of 83.28 selecting from among the vendors or resources that the job 83.29 counselor determines will be effective in supplying one or more 83.30 of the services necessary to meet the employment goals specified 83.31 in the participant's plan. In compiling the list of vendors and 83.32 resources that the job counselor determines would be effective 83.33 in meeting the participant's employment goals, the job counselor 83.34 must determine that adequate financial resources are available 83.35 for the vendors or resources ultimately selected by the 83.36 participant. 84.1 (c) A participant with low skills in reading or mathematics 84.2 who is proficient only at or below an eighth-grade level must be 84.3 allowed to include basic education activities, which includes, 84.4 but is not limited to, regular to intensive English as a second 84.5 language activities, obtaining a GED or its equivalent, and 84.6 learning or enhancing soft skills, in an employment plan. 84.7 (d) The job counselor and the participant must sign the 84.8 developed plan to indicate agreement between the job counselor 84.9 and the participant on the contents of the plan. 84.10 Sec. 22. [256J.522] [24 MONTHS OF EDUCATION.] 84.11 Subdivision 1. [INITIAL ASSESSMENT.] (a) The job counselor 84.12 must, with the cooperation of the participant, assess the 84.13 participant's ability to obtain and retain employment. This 84.14 initial assessment must include a review of the participant's 84.15 education level, prior employment or work experience, 84.16 transferable work skills, and existing job markets. 84.17 (b) In assessing the participant, the job counselor must 84.18 determine if the participant needs refresher courses for 84.19 professional certification or licensure, in which case, the job 84.20 search plan under section 256J.52, subdivision 3, must include 84.21 the courses necessary to obtain the certification or licensure, 84.22 in addition to other work activities, provided the combination 84.23 of the courses and other work activities are at least for 40 84.24 hours per week. 84.25 (c) The job counselor shall approve an education or 84.26 training plan, and postpone the job search requirement, if less 84.27 than 30 percent of the statewide MFIP caseload is participating 84.28 in education and training, and if the participant has a proposal 84.29 for an education program which: 84.30 (1) can be completed within 24 months; 84.31 (2) meets the criteria of section 256J.53, subdivisions 2, 84.32 3, and 5; and 84.33 (3) is likely, without additional training, to lead to 84.34 monthly employment earnings which, after subtraction of the 84.35 earnings disregard under section 256J.21, equal or exceed the 84.36 family wage level for the participant's assistance unit. 85.1 (d) A participant who, at the time of the initial 85.2 assessment, presents a plan that includes farming as a 85.3 self-employed work activity must have an employment plan 85.4 developed under section 256J.52, subdivision 5, that includes 85.5 the farming as an approved work activity. 85.6 If an education or training program is approved, the 85.7 participant must maintain satisfactory progress in the program 85.8 as required under section 256J.53, subdivision 3. The 85.9 participant is not limited to one education or training program 85.10 but may participate in education or training programs that meet 85.11 the criteria in this paragraph, up to a total of 24 months. Job 85.12 search as required under section 256J.53, subdivision 5, applies 85.13 to participants approved for an education program under this 85.14 section. 85.15 Subd. 2. [LENGTH OF PROGRAM.] In order for a 85.16 post-secondary education or training program to be approved work 85.17 activity as defined in section 256J.49, subdivision 13, clause 85.18 (18), it must be a program lasting 24 months or less, and the 85.19 participant must meet the requirements of subdivision 3, and 85.20 section 256J.53, subdivision 3. 85.21 Subd. 3. [DOCUMENTATION SUPPORTING PROGRAM.] (a) In order 85.22 for a post-secondary education or training program to be an 85.23 approved activity in a participant's employment plan, the 85.24 participant or the employment and training service provider must 85.25 provide documentation that: 85.26 (1) the participant's employment plan identifies specific 85.27 goals that can only be met with the additional education or 85.28 training; 85.29 (2) there are suitable employment opportunities that 85.30 require the specific education or training in the area in which 85.31 the participant resides or is willing to reside; 85.32 (3) the education or training will result in significantly 85.33 higher wages for the participant than the participant could earn 85.34 without the education or training; 85.35 (4) the participant can meet the requirements for admission 85.36 into the program; and 86.1 (5) there is a reasonable expectation that the participant 86.2 will complete the training program based on such factors as the 86.3 participant's MFIP assessment, previous education, training, and 86.4 work history; current motivation; and changes in previous 86.5 circumstances. 86.6 (b) The job counselor shall approve an education or 86.7 training program that meets the requirements under paragraph (a). 86.8 Subd. 4. [SUNSET.] The provisions in this section 86.9 supersede Minnesota Statutes, sections 256J.52, subdivision 2; 86.10 256J.53, subdivision 1; and 256J.53, subdivision 2, from July 1, 86.11 2000, to June 30, 2002. On June 30, 2002, this section sunsets 86.12 and beginning July 1, 2002, Minnesota Statutes, sections 86.13 256J.53, subdivision 2; 256J.53, subdivision 1; and 256J.53, 86.14 subdivision 2, are in full force and effect. 86.15 Sec. 23. Minnesota Statutes 1998, section 256J.53, 86.16 subdivision 3, is amended to read: 86.17 Subd. 3. [SATISFACTORY PROGRESS REQUIRED.] In order for 86.18 apost-secondary education or training program to be an approved86.19activity in a participant's employment planparticipant to 86.20 continue with post-secondary education or training, the 86.21 participant must maintain satisfactory progress in the program. 86.22 "Satisfactory progress" in an education or training program 86.23 means (1) the participant remains in good standing while the 86.24 participant is enrolled in the program, as defined by the 86.25 education or training institution, or (2) the participant makes 86.26 satisfactory progress as the term is defined in the 86.27 participant's employment plan. 86.28 Sec. 24. Minnesota Statutes 1999 Supplement, section 86.29 256J.56, is amended to read: 86.30 256J.56 [EMPLOYMENT AND TRAINING SERVICES COMPONENT; 86.31 EXEMPTIONS.] 86.32 (a) An MFIP caregiver is exempt from the requirements of 86.33 sections 256J.52 to 256J.55 if the caregiver belongs to any of 86.34 the following groups: 86.35 (1) individuals who are age 60 or older; 86.36 (2) individuals who are suffering from a professionally 87.1 certified permanent or temporary illness, injury, or incapacity 87.2 which is expected to continue for more than 30 days and which 87.3 prevents the person from obtaining or retaining employment. 87.4 Persons in this category with a temporary illness, injury, or 87.5 incapacity must be reevaluated at least quarterly; 87.6 (3) caregivers whose presence in the home is required 87.7 because of the professionally certified illness or incapacity of 87.8 another member in the assistance unit, a relative in the 87.9 household, or a foster child in the household; 87.10 (4) women who are pregnant, if the pregnancy has resulted 87.11 in a professionally certified incapacity that prevents the woman 87.12 from obtaining or retaining employment; 87.13 (5) caregivers of a child under the age of one year who 87.14 personally provide full-time care for the child. This exemption 87.15 may be used for only 12 months in a lifetime. In two-parent 87.16 households, only one parent or other relative may qualify for 87.17 this exemption; 87.18 (6) individuals who are single parents, or one parent in a 87.19 two-parent family, employed at least 35 hours per week; 87.20 (7) individuals experiencing a personal or family crisis 87.21 that makes them incapable of participating in the program, as 87.22 determined by the county agency. If the participant does not 87.23 agree with the county agency's determination, the participant 87.24 may seek professional certification, as defined in section 87.25 256J.08, that the participant is incapable of participating in 87.26 the program. 87.27 Persons in this exemption category must be reevaluated 87.28 every 60 days;or87.29 (8) second parents in two-parent families employed for 20 87.30 or more hours per week, provided the first parent is employed at 87.31 least 35 hours per week; or 87.32 (9) caregivers with a child or an adult in the household 87.33 who meets the disability or medical criteria for home care 87.34 services under section 256B.0627, subdivision 1, paragraph (c), 87.35 or a home and community-based waiver services program under 87.36 chapter 256B, or meets the criteria for severe emotional 88.1 disturbance under section 245.4871, subdivision 6, or for 88.2 serious and persistent mental illness under section 245.462, 88.3 subdivision 20, paragraph (c). Caregivers in this exemption 88.4 category are presumed to be prevented from obtaining or 88.5 retaining employment. 88.6 A caregiver who is exempt under clause (5) must enroll in 88.7 and attend an early childhood and family education class, a 88.8 parenting class, or some similar activity, if available, during 88.9 the period of time the caregiver is exempt under this section. 88.10 Notwithstanding section 256J.46, failure to attend the required 88.11 activity shall not result in the imposition of a sanction. 88.12 (b) The county agency must provide employment and training 88.13 services to MFIP caregivers who are exempt under this section, 88.14 but who volunteer to participate. Exempt volunteers may request 88.15 approval for any work activity under section 256J.49, 88.16 subdivision 13. The hourly participation requirements for 88.17 nonexempt caregivers under section 256J.50, subdivision 5, do 88.18 not apply to exempt caregivers who volunteer to participate. 88.19 Sec. 25. Minnesota Statutes 1998, section 256J.62, is 88.20 amended by adding a subdivision to read: 88.21 Subd. 3a. [LOCAL INTERVENTIONS FOR FAMILY EMPLOYMENT.] (a) 88.22 Of the local intervention for family employment funds 88.23 appropriated for that purpose, 80 percent shall be allocated to 88.24 counties and tribes based on the average proportion of the MFIP 88.25 caseload that has received MFIP assistance for 24 of the last 36 88.26 months, as sampled on March 31, June 30, September 30, and 88.27 December 31 of the previous calendar year, less the number of 88.28 child only cases and cases where all the caregivers are age 60 88.29 or over. Two-parent cases, with the exception of those with a 88.30 caregiver age 60 or over, will be multiplied by a factor of two. 88.31 (b) Counties or tribes must have an approved local service 88.32 unit plan under section 256J.50, subdivision 7, paragraph (b), 88.33 in order to expend funds under this section. The commissioner 88.34 may approve funding for a county or tribe at less than the 88.35 amount allocated under paragraph (a) based on plan review, or at 88.36 more than allocated under paragraph (a) based on paragraph (c). 89.1 (c) Of the local intervention for family employment funds 89.2 appropriated for that purpose, 20 percent shall be retained by 89.3 the commissioner and awarded to counties or tribes whose local 89.4 service unit plans under section 256J.50, subdivision 7, 89.5 paragraph (b), demonstrate additional need based on their 89.6 identification of hard-to-employ families and working 89.7 participants in need of job retention and wage advancement 89.8 services, strong anticipated outcomes for families and an 89.9 effective plan for monitoring performance, or, use of a 89.10 multientity or regional approach to serve hard-to-employ 89.11 families and working participants in need of job retention and 89.12 wage advancement services who are identified as a target 89.13 population to be served in the plan submitted under section 89.14 256J.50, subdivision 7, paragraph (b). 89.15 The commissioner may award funds under this paragraph to 89.16 other public, private, or nonprofit entities to deliver services 89.17 in a county or region where the entity or entities submit a plan 89.18 that demonstrates nonduplication of services, a strong 89.19 capability to fulfill the terms of the plan, and an innovative 89.20 or multientity approach. 89.21 (d) If a county or tribe does not submit a local service 89.22 unit plan under section 256J.50, subdivision 7, paragraph (b), 89.23 or if the plan is not approved or is not approved at the full 89.24 amount allocated to the county or tribe under paragraph (a), 89.25 remaining funds under paragraph (a) may be used by the 89.26 commissioner to contract with other public, private, or 89.27 nonprofit entities in the county or region to deliver services 89.28 that meet the purposes of paragraph (b) of the federal TANF 89.29 funds appropriations section in article 1. 89.30 (e) Counties and tribes must submit semiannual progress 89.31 reports detailing program outcomes. 89.32 (f) Intervention fund money may not be expended on TANF 89.33 assistance as defined in the Code of Federal Regulations, title 89.34 45, section 260.31. 89.35 Sec. 26. [256J.88] [CHILD ONLY TANF PROGRAM.] 89.36 Children who receive assistance under this chapter, in 90.1 which the assistance unit does not include a caregiver, but only 90.2 includes a minor child, shall become part of the program 90.3 established under this section. 90.4 Sec. 27. [REPORT RELATED TO MFIP SANCTIONS.] 90.5 The commissioner of human services shall provide a report 90.6 to the chairs of the house and senate policy and fiscal 90.7 committees having jurisdiction over issues related to MFIP, 90.8 which provides information on the number of MFIP participants, 90.9 since the program started in 1998, who have been sanctioned for 90.10 three or more months at the 30 percent sanction level, and also, 90.11 if available, the reason for the sanction. The report is due 90.12 November 1, 2000. 90.13 Sec. 28. [DAKOTA COUNTY DIVERSION PILOT PROJECT.] 90.14 The commissioner of human services and representatives of 90.15 the Dakota county employment and economic assistance department 90.16 shall plan a Dakota county diversion pilot project to encourage 90.17 rapid entrance into the work force and to improve employability 90.18 and self-sufficiency for MFIP eligible families. The pilot 90.19 project must be designed so that it does not result in any 90.20 additional program costs for the Minnesota family investment 90.21 program (MFIP). The project is intended to test the use of 90.22 assistance combined with enhanced employment services as a way 90.23 of diverting families from MFIP. 90.24 By December 1, 2000, Dakota county and the commissioner of 90.25 human services shall submit a proposal for the pilot project to 90.26 the chairs of the house health and human services finance 90.27 committee and the senate health and family security budget 90.28 division. The proposal shall include: 90.29 (1) a description of the project, including the possibility 90.30 that the program could, if successful, be recommended for 90.31 continuation on a permanent basis in Dakota county or statewide; 90.32 (2) how client sanctions for failure to comply with program 90.33 requirements would be defined for the project; 90.34 (3) how the project could be tracked and evaluated; 90.35 (4) projected program cost savings, if any; and 90.36 (5) fiscal implications, if any, of modifying the MAXIS 91.1 system for the pilot project. 91.2 Sec. 29. [REPEALER.] 91.3 (a) Laws 1997, chapter 203, article 9, section 21, is 91.4 repealed. 91.5 (b) Laws 1998, chapter 407, article 6, section 111, is 91.6 repealed. 91.7 Sec. 30. [EFFECTIVE DATE.] 91.8 Sections 4, 6, 7, 8, 9, and 10 are effective January 1, 91.9 2001. 91.10 ARTICLE 5 91.11 TECHNICAL CORRECTIONS 91.12 Section 1. Minnesota Statutes 1999 Supplement, section 91.13 62J.535, subdivision 2, is amended to read: 91.14 Subd. 2. [COMPLIANCE.] (a) Concurrent with theeffective91.15datesdate of required compliance established under United 91.16 States Code, title 42, sections 1320d to 1320d-8, as amended 91.17 from time to time, for uniform electronic billing standards, all 91.18 health care providers must conform to the uniform billing 91.19 standards developed under subdivision 1. 91.20 (b) Notwithstanding paragraph (a), the requirements for the 91.21 uniform remittance advice report shall be effective 12 months 91.22 after the date of the required compliance of the standards for 91.23 the electronic remittance advice transaction are effective under 91.24 United States Code, title 42, sections 1320d to 1320d-8, as 91.25 amended from time to time. 91.26 EFFECTIVE DATE: This section is effective the day 91.27 following final enactment. 91.28 Sec. 2. Minnesota Statutes 1998, section 125A.74, 91.29 subdivision 1, is amended to read: 91.30 Subdivision 1. [ELIGIBILITY.] A district may enroll as a 91.31 provider in the medical assistance program and receive medical 91.32 assistance payments for covered special education services 91.33 provided to persons eligible for medical assistance under 91.34 chapter 256B. To receive medical assistance payments, the 91.35 district must pay the nonfederal share of medical assistance 91.36 services provided according to section 256B.0625, subdivision 92.1 26, and comply with relevant provisions of state and federal 92.2 statutes and regulations governing the medical assistance 92.3 program. 92.4 Sec. 3. Minnesota Statutes 1998, section 125A.74, 92.5 subdivision 2, is amended to read: 92.6 Subd. 2. [FUNDING.] A district that provides a covered 92.7 service to an eligible person and complies with relevant 92.8 requirements of the medical assistance program is entitled to 92.9 receive payment for theservice provided, including thatportion 92.10 of thepaymentservices that will subsequently be reimbursed by 92.11 the federal government, in the same manner as other medical 92.12 assistance providers.The school district is not required to92.13provide matching funds or pay part of the costs of the service,92.14as long as the rate charged for the service does not exceed92.15medical assistance limits that apply to all medical assistance92.16providers.92.17 Sec. 4. Minnesota Statutes 1999 Supplement, section 92.18 144.395, is amended by adding a subdivision to read: 92.19 Subd. 3. [SUNSET.] The tobacco use prevention and local 92.20 public health endowment fund expires June 30, 2015. Upon 92.21 expiration, the commissioner of finance shall transfer the 92.22 principal and any remaining interest to the general fund. 92.23 EFFECTIVE DATE: This section is effective the day 92.24 following final enactment. 92.25 Sec. 5. Minnesota Statutes 1999 Supplement, section 92.26 144.396, subdivision 11, is amended to read: 92.27 Subd. 11. [AUDITS REQUIRED.] The legislative auditor shall 92.28 audit tobacco use prevention and local public health endowment 92.29 fund expenditures to ensure that the money is spent for tobacco 92.30 use prevention measures and public health initiatives. 92.31 EFFECTIVE DATE: This section is effective the day 92.32 following final enactment. 92.33 Sec. 6. Minnesota Statutes 1999 Supplement, section 92.34 144.396, subdivision 12, is amended to read: 92.35 Subd. 12. [ENDOWMENT FUND NOT TO SUPPLANT EXISTING 92.36 FUNDING.] Appropriations from theaccounttobacco use prevention 93.1 and local public health endowment fund must not be used as a 93.2 substitute for traditional sources of funding tobacco use 93.3 prevention activities or public health initiatives. Any local 93.4 unit of government receiving money under this section must 93.5 ensure that existing local financial efforts remain in place. 93.6 EFFECTIVE DATE: This section is effective the day 93.7 following final enactment. 93.8 Sec. 7. Minnesota Statutes 1999 Supplement, section 93.9 256B.0916, subdivision 1, is amended to read: 93.10 Subdivision 1. [REDUCTION OF WAITING LIST.] (a) The 93.11 legislature recognizes that as of January 1, 1999, 3,300 persons 93.12 with mental retardation or related conditions have been screened 93.13 and determined eligible for the home and community-based waiver 93.14 services program for persons with mental retardation or related 93.15 conditions. Many wait for several years before receiving 93.16 service. 93.17 (b) The waiting list for this program shall be reduced or 93.18 eliminated by June 30, 2003. In order to reduce the number of 93.19 eligible persons waiting for identified services provided 93.20 through the home and community-based waiver for persons with 93.21 mental retardation or related conditions, during the period from 93.22 July 1, 1999, to June 30, 2003, funding shall be increased to 93.23 add 100 additional eligible persons each year beyond the 93.24 February 1999 medical assistance forecast. 93.25 (c) The commissioner shall allocate resources in such a 93.26 manner as to use all resources budgeted for the home and 93.27 community-based waiver for persons with mental retardation or 93.28 related conditions according to the priorities listed in 93.29 subdivision 2, paragraph (b), and then to serve other persons on 93.30 the waiting list. Resources allocated for a fiscal year to 93.31 serve persons affected by public and private sector ICF/MR 93.32 closures, but not expected to be expended for that purpose, must 93.33 be reallocated within that fiscal year to serve other persons on 93.34 the waiting list, and the number of waiver diversion slots shall 93.35 be adjusted accordingly. 93.36 (d) For fiscal year 2001, at least one-half of the increase 94.1 in funding over the previous year provided in the February 1999 94.2 medical assistance forecast for the home and community-based 94.3 waiver for persons with mental retardation and related 94.4 conditions, including changes made by the 1999 legislature, must 94.5 be used to serve persons who are not affected by public and 94.6 private sector ICF/MR closures. 94.7 EFFECTIVE DATE: This section is effective the day 94.8 following final enactment. 94.9 Sec. 8. Minnesota Statutes 1999 Supplement, section 94.10 256D.03, subdivision 4, is amended to read: 94.11 Subd. 4. [GENERAL ASSISTANCE MEDICAL CARE; SERVICES.] (a) 94.12 For a person who is eligible under subdivision 3, paragraph (a), 94.13 clause (3), general assistance medical care covers, except as 94.14 provided in paragraph (c): 94.15 (1) inpatient hospital services; 94.16 (2) outpatient hospital services; 94.17 (3) services provided by Medicare certified rehabilitation 94.18 agencies; 94.19 (4) prescription drugs and other products recommended 94.20 through the process established in section 256B.0625, 94.21 subdivision 13; 94.22 (5) equipment necessary to administer insulin and 94.23 diagnostic supplies and equipment for diabetics to monitor blood 94.24 sugar level; 94.25 (6) eyeglasses and eye examinations provided by a physician 94.26 or optometrist; 94.27 (7) hearing aids; 94.28 (8) prosthetic devices; 94.29 (9) laboratory and X-ray services; 94.30 (10) physician's services; 94.31 (11) medical transportation; 94.32 (12) chiropractic services as covered under the medical 94.33 assistance program; 94.34 (13) podiatric services; 94.35 (14) dental services; 94.36 (15) outpatient services provided by a mental health center 95.1 or clinic that is under contract with the county board and is 95.2 established under section 245.62; 95.3 (16) day treatment services for mental illness provided 95.4 under contract with the county board; 95.5 (17) prescribed medications for persons who have been 95.6 diagnosed as mentally ill as necessary to prevent more 95.7 restrictive institutionalization; 95.8 (18) psychological services, medical supplies and 95.9 equipment, and Medicare premiums, coinsurance and deductible 95.10 payments; 95.11 (19) medical equipment not specifically listed in this 95.12 paragraph when the use of the equipment will prevent the need 95.13 for costlier services that are reimbursable under this 95.14 subdivision; 95.15 (20) services performed by a certified pediatric nurse 95.16 practitioner, a certified family nurse practitioner, a certified 95.17 adult nurse practitioner, a certified obstetric/gynecological 95.18 nurse practitioner, a certified neonatal nurse practitioner, or 95.19 a certified geriatric nurse practitioner in independent 95.20 practice, if (1) the service is otherwise covered under this 95.21 chapter as a physician service, (2)athe service provided on an 95.22 inpatient basis is not included as part of the cost for 95.23 inpatient services included in the operating payment rate, and 95.24 (3) the service is within the scope of practice of the nurse 95.25 practitioner's license as a registered nurse, as defined in 95.26 section 148.171; 95.27 (21) services of a certified public health nurse or a 95.28 registered nurse practicing in a public health nursing clinic 95.29 that is a department of, or that operates under the direct 95.30 authority of, a unit of government, if the service is within the 95.31 scope of practice of the public health nurse's license as a 95.32 registered nurse, as defined in section 148.171; and 95.33 (22) telemedicine consultations, to the extent they are 95.34 covered under section 256B.0625, subdivision 3b. 95.35 (b) Except as provided in paragraph (c), for a recipient 95.36 who is eligible under subdivision 3, paragraph (a), clause (1) 96.1 or (2), general assistance medical care covers the services 96.2 listed in paragraph (a) with the exception of special 96.3 transportation services. 96.4 (c) Gender reassignment surgery and related services are 96.5 not covered services under this subdivision unless the 96.6 individual began receiving gender reassignment services prior to 96.7 July 1, 1995. 96.8 (d) In order to contain costs, the commissioner of human 96.9 services shall select vendors of medical care who can provide 96.10 the most economical care consistent with high medical standards 96.11 and shall where possible contract with organizations on a 96.12 prepaid capitation basis to provide these services. The 96.13 commissioner shall consider proposals by counties and vendors 96.14 for prepaid health plans, competitive bidding programs, block 96.15 grants, or other vendor payment mechanisms designed to provide 96.16 services in an economical manner or to control utilization, with 96.17 safeguards to ensure that necessary services are provided. 96.18 Before implementing prepaid programs in counties with a county 96.19 operated or affiliated public teaching hospital or a hospital or 96.20 clinic operated by the University of Minnesota, the commissioner 96.21 shall consider the risks the prepaid program creates for the 96.22 hospital and allow the county or hospital the opportunity to 96.23 participate in the program in a manner that reflects the risk of 96.24 adverse selection and the nature of the patients served by the 96.25 hospital, provided the terms of participation in the program are 96.26 competitive with the terms of other participants considering the 96.27 nature of the population served. Payment for services provided 96.28 pursuant to this subdivision shall be as provided to medical 96.29 assistance vendors of these services under sections 256B.02, 96.30 subdivision 8, and 256B.0625. For payments made during fiscal 96.31 year 1990 and later years, the commissioner shall consult with 96.32 an independent actuary in establishing prepayment rates, but 96.33 shall retain final control over the rate methodology. 96.34 Notwithstanding the provisions of subdivision 3, an individual 96.35 who becomes ineligible for general assistance medical care 96.36 because of failure to submit income reports or recertification 97.1 forms in a timely manner, shall remain enrolled in the prepaid 97.2 health plan and shall remain eligible for general assistance 97.3 medical care coverage through the last day of the month in which 97.4 the enrollee became ineligible for general assistance medical 97.5 care. 97.6 (e)The commissioner of human services may reduce payments97.7provided under sections 256D.01 to 256D.21 and 261.23 in order97.8to remain within the amount appropriated for general assistance97.9medical care, within the following restrictions:97.10(i) For the period July 1, 1985 to December 31, 1985,97.11reductions below the cost per service unit allowable under97.12section 256.966, are permitted only as follows: payments for97.13inpatient and outpatient hospital care provided in response to a97.14primary diagnosis of chemical dependency or mental illness may97.15be reduced no more than 30 percent; payments for all other97.16inpatient hospital care may be reduced no more than 20 percent.97.17Reductions below the payments allowable under general assistance97.18medical care for the remaining general assistance medical care97.19services allowable under this subdivision may be reduced no more97.20than ten percent.97.21(ii) For the period January 1, 1986 to December 31, 1986,97.22reductions below the cost per service unit allowable under97.23section 256.966 are permitted only as follows: payments for97.24inpatient and outpatient hospital care provided in response to a97.25primary diagnosis of chemical dependency or mental illness may97.26be reduced no more than 20 percent; payments for all other97.27inpatient hospital care may be reduced no more than 15 percent.97.28Reductions below the payments allowable under general assistance97.29medical care for the remaining general assistance medical care97.30services allowable under this subdivision may be reduced no more97.31than five percent.97.32(iii) For the period January 1, 1987 to June 30, 1987,97.33reductions below the cost per service unit allowable under97.34section 256.966 are permitted only as follows: payments for97.35inpatient and outpatient hospital care provided in response to a97.36primary diagnosis of chemical dependency or mental illness may98.1be reduced no more than 15 percent; payments for all other98.2inpatient hospital care may be reduced no more than ten98.3percent. Reductions below the payments allowable under medical98.4assistance for the remaining general assistance medical care98.5services allowable under this subdivision may be reduced no more98.6than five percent.98.7(iv) For the period July 1, 1987 to June 30, 1988,98.8reductions below the cost per service unit allowable under98.9section 256.966 are permitted only as follows: payments for98.10inpatient and outpatient hospital care provided in response to a98.11primary diagnosis of chemical dependency or mental illness may98.12be reduced no more than 15 percent; payments for all other98.13inpatient hospital care may be reduced no more than five percent.98.14Reductions below the payments allowable under medical assistance98.15for the remaining general assistance medical care services98.16allowable under this subdivision may be reduced no more than98.17five percent.98.18(v) For the period July 1, 1988 to June 30, 1989,98.19reductions below the cost per service unit allowable under98.20section 256.966 are permitted only as follows: payments for98.21inpatient and outpatient hospital care provided in response to a98.22primary diagnosis of chemical dependency or mental illness may98.23be reduced no more than 15 percent; payments for all other98.24inpatient hospital care may not be reduced. Reductions below98.25the payments allowable under medical assistance for the98.26remaining general assistance medical care services allowable98.27under this subdivision may be reduced no more than five percent.98.28(f)There shall be no copayment required of any recipient 98.29 of benefits for any services provided under this subdivision. A 98.30 hospital receiving a reduced payment as a result of this section 98.31 may apply the unpaid balance toward satisfaction of the 98.32 hospital's bad debts. 98.33(g)(f) Any county may, from its own resources, provide 98.34 medical payments for which state payments are not made. 98.35(h)(g) Chemical dependency services that are reimbursed 98.36 under chapter 254B must not be reimbursed under general 99.1 assistance medical care. 99.2(i)(h) The maximum payment for new vendors enrolled in the 99.3 general assistance medical care program after the base year 99.4 shall be determined from the average usual and customary charge 99.5 of the same vendor type enrolled in the base year. 99.6(j)(i) The conditions of payment for services under this 99.7 subdivision are the same as the conditions specified in rules 99.8 adopted under chapter 256B governing the medical assistance 99.9 program, unless otherwise provided by statute or rule. 99.10 EFFECTIVE DATE: This section is effective the day 99.11 following final enactment. 99.12 Sec. 9. Minnesota Statutes 1999 Supplement, section 99.13 256J.11, subdivision 2, is amended to read: 99.14 Subd. 2. [NONCITIZENS; FOOD PORTION.] Notwithstanding Laws 99.15 1998, chapter 407, article 6, section 111, state dollars shall 99.16 fund the food portion of a noncitizen's MFIP benefits when 99.17 federal food stamp dollars cannot be used to fund those 99.18 benefits. The assistance provided under this subdivision, which 99.19 is designated as a supplement to replace lost benefits under the 99.20 federal food stamp program, must be disregarded as income in all 99.21 programs that do not count food stamps as income where the 99.22 commissioner has the authority to make the income disregard 99.23 determination for the program. 99.24 EFFECTIVE DATE: This section is effective the day 99.25 following final enactment. 99.26 Sec. 10. Laws 1999, chapter 245, article 1, section 2, 99.27 subdivision 5, is amended to read: 99.28 Subd. 5. Basic Health Care Grants 99.29 Summary by Fund 99.30 General 867,174,000 916,234,000 99.31 Health Care 99.32 Access 116,490,000 145,469,000 99.33 The amounts that may be spent from this 99.34 appropriation for each purpose are as 99.35 follows: 99.36 (a) Minnesota Care Grants- 99.37 Health Care 99.38 Access 116,490,000 145,469,000 100.1 [HOSPITAL INPATIENT COPAYMENTS.] The 100.2 commissioner of human services may 100.3 require hospitals to refund hospital 100.4 inpatient copayments paid by enrollees 100.5 pursuant to Minnesota Statutes, section 100.6 256L.03, subdivision 5, between March 100.7 1, 1999, and December 31, 1999. If the 100.8 commissioner requires hospitals to 100.9 refund these copayments, the hospitals 100.10 shall collect the copayment directly 100.11 from the commissioner. 100.12 [MINNESOTACARE OUTREACH FEDERAL 100.13 MATCHING FUNDS.] Any federal matching 100.14 funds received as a result of the 100.15 MinnesotaCare outreach activities 100.16 authorized by Laws 1997, chapter 225, 100.17 article 7, section 2, subdivision 1, 100.18 shall be deposited in the health care 100.19 access fund and dedicated to the 100.20 commissioner to be used for those 100.21 outreach purposes. 100.22 [FEDERAL RECEIPTS FOR ADMINISTRATION.] 100.23 Receipts received as a result of 100.24 federal participation pertaining to 100.25 administrative costs of the Minnesota 100.26 health care reform waiver shall be 100.27 deposited as nondedicated revenue in 100.28 the health care access fund. Receipts 100.29 received as a result of federal 100.30 participation pertaining to grants 100.31 shall be deposited in the federal fund 100.32 and shall offset health care access 100.33 funds for payments to providers. 100.34 [HEALTH CARE ACCESS FUND.] The 100.35 commissioner may expend money 100.36 appropriated from the health care 100.37 access fund for MinnesotaCare in either 100.38 fiscal year of the biennium. 100.39 (b) MA Basic Health Care Grants- 100.40 Families and Children 100.41 General 307,053,000 320,112,000 100.42 [COMMUNITY DENTAL CLINICS.] Of this 100.43 appropriation, $600,000 in fiscal year 100.44 2000 is for the commissioner to provide 100.45 start-up grants to establish community 100.46 dental clinics under Minnesota 100.47 Statutes, section 256B.76, paragraph 100.48 (b), clause(5)(4). The commissioner 100.49 shall award grants and shall require 100.50 grant recipients to match the state 100.51 grant with nonstate funding on a 100.52 one-to-one basis. This is a one-time 100.53 appropriation and shall not become part 100.54 of base level funding for this activity 100.55 for the 2002-2003 biennium. 100.56 (c) MA Basic Health Care Grants- 100.57 Elderly & Disabled 100.58 General 404,814,000 451,928,000 100.59 [SURCHARGE COMPLIANCE.] In the event 100.60 that federal financial participation in 100.61 the Minnesota medical assistance 100.62 program is reduced as a result of a 101.1 determination that the surcharge and 101.2 intergovernmental transfers governed by 101.3 Minnesota Statutes, sections 256.9657 101.4 and 256B.19 are out of compliance with 101.5 United States Code, title 42, section 101.6 1396b(w), or its implementing 101.7 regulations or with any other federal 101.8 law designed to restrict provider tax 101.9 programs or intergovernmental 101.10 transfers, the commissioner shall 101.11 appeal the determination to the fullest 101.12 extent permitted by law and may ratably 101.13 reduce all medical assistance and 101.14 general assistance medical care 101.15 payments to providers other than the 101.16 state of Minnesota in order to 101.17 eliminate any shortfall resulting from 101.18 the reduced federal funding. Any 101.19 amount later recovered through the 101.20 appeals process shall be used to 101.21 reimburse providers for any ratable 101.22 reductions taken. 101.23 [BLOOD PRODUCTS LITIGATION.] To the 101.24 extent permitted by federal law, 101.25 Minnesota Statutes, section 256.015, 101.26 256B.042, and 256B.15, are waived as 101.27 necessary for the limited purpose of 101.28 resolving the state's claims in 101.29 connection with In re Factor VIII or IX 101.30 Concentrate Blood Products Litigation, 101.31 MDL-986, No. 93-C7452 (N.D.III.). 101.32 (d) General Assistance Medical Care 101.33 General 141,805,000 128,012,000 101.34 (e) Basic Health Care - Nonentitlement 101.35 General 13,502,000 16,182,000 101.36 [DENTAL ACCESS GRANT.] Of this 101.37 appropriation, $75,000 is from the 101.38 general fund to the commissioner in 101.39 fiscal year 2000 for a grant to a 101.40 nonprofit dental provider group 101.41 operating a dental clinic in Clay 101.42 county. The grant must be used to 101.43 increase access to dental services for 101.44 recipients of medical assistance, 101.45 general assistance medical care, and 101.46 the MinnesotaCare program in the 101.47 northwest area of the state. This 101.48 appropriation is available the day 101.49 following final enactment. 101.50 EFFECTIVE DATE: This section is effective the day 101.51 following final enactment. 101.52 Sec. 11. Laws 1999, chapter 245, article 1, section 2, 101.53 subdivision 8, is amended to read: 101.54 Subd. 8. Continuing Care and 101.55 Community Support Grants 101.56 General 1,174,195,000 1,259,767,000 101.57 Lottery Prize 1,158,000 1,158,000 102.1 The amounts that may be spent from this 102.2 appropriation for each purpose are as 102.3 follows: 102.4 (a) Community Social Services 102.5 Block Grants 102.6 42,597,000 43,498,000 102.7 [CSSA TRADITIONAL APPROPRIATION.] 102.8 Notwithstanding Minnesota Statutes, 102.9 section 256E.06, subdivisions 1 and 2, 102.10 the appropriations available under that 102.11 section in fiscal years 2000 and 2001 102.12 must be distributed to each county 102.13 proportionately to the aid received by 102.14 the county in calendar year 1998. The 102.15 commissioner, in consultation with 102.16 counties, shall study the formula 102.17 limitations in subdivision 2 of that 102.18 section, and report findings and any 102.19 recommendations for revision of the 102.20 CSSA formula and its formula limitation 102.21 provisions to the legislature by 102.22 January 15, 2000. 102.23 (b) Consumer Support Grants 102.24 1,123,000 1,123,000 102.25 (c) Aging Adult Service Grants 102.26 7,965,000 7,765,000 102.27 [LIVING-AT-HOME/BLOCK NURSE PROGRAM.] 102.28 Of the general fund appropriation, 102.29 $120,000 in fiscal year 2000 and 102.30 $120,000 in fiscal year 2001 is for the 102.31 commissioner to provide funding to six 102.32 additional living-at-home/block nurse 102.33 programs. This appropriation shall 102.34 become part of the base for the 102.35 2002-2003 biennium. 102.36 [MINNESOTA SENIOR SERVICE CORPS.] Of 102.37 this appropriation, $160,000 for the 102.38 biennium is from the general fund to 102.39 the commissioner for the following 102.40 purposes: 102.41 (a) $40,000 in fiscal year 2000 and 102.42 $40,000 in fiscal year 2001 is to 102.43 increase the hourly stipend by ten 102.44 cents per hour in the foster 102.45 grandparent program, the retired and 102.46 senior volunteer program, and the 102.47 senior companion program. 102.48 (b) $40,000 in fiscal year 2000 and 102.49 $40,000 in fiscal year 2001 is for a 102.50 grant to the tri-valley opportunity 102.51 council in Crookston to expand services 102.52 in the ten-county area of northwestern 102.53 Minnesota. 102.54 (c) This appropriation shall become 102.55 part of the base for the 2002-2003 102.56 biennium. 102.57 [HEALTH INSURANCE COUNSELING.] Of this 102.58 appropriation, $100,000 in fiscal year 103.1 2000 and $100,000 in fiscal year 2001 103.2 is from the general fund to the 103.3 commissioner to transfer to the board 103.4 on aging for the purpose of awarding 103.5 health insurance counseling and 103.6 assistance grants to the area agencies 103.7 on aging providing state-funded health 103.8 insurance counseling services. Access 103.9 to health insurance counseling programs 103.10 shall be provided by the senior linkage 103.11 line service of the board on aging and 103.12 the area agencies on aging. The board 103.13 on aging shall explore opportunities 103.14 for obtaining alternative funding from 103.15 nonstate sources, including 103.16 contributions from individuals seeking 103.17 health insurance counseling services. 103.18 This is a one-time appropriation and 103.19 shall not become part of base level 103.20 funding for this activity for the 103.21 2002-2003 biennium. 103.22 (d) Deaf and Hard-of-Hearing 103.23 Services Grants 103.24 1,859,000 1,760,000 103.25 [SERVICES TO DEAF PERSONS WITH MENTAL 103.26 ILLNESS.] Of this appropriation, 103.27 $100,000 each year is to the 103.28 commissioner for a grant to a nonprofit 103.29 agency that currently serves deaf and 103.30 hard-of-hearing adults with mental 103.31 illness through residential programs 103.32 and supported housing outreach. The 103.33 grant must be used to operate a 103.34 community support program for persons 103.35 with mental illness that is 103.36 communicatively accessible for persons 103.37 who are deaf or hard-of-hearing. This 103.38 is a one-time appropriation and shall 103.39 not become part of base level funding 103.40 for this activity for the 2002-2003 103.41 biennium. 103.42 [DEAF-BLIND ORIENTATION AND MOBILITY 103.43 SERVICES.] Of this appropriation, 103.44 $120,000 for the biennium is to the 103.45 commissioner for a grant to Deaf-Blind 103.46 Services Minnesota to hire an 103.47 orientation and mobility specialist to 103.48 work with deaf-blind people. The 103.49 specialist will provide services to 103.50 deaf-blind Minnesotans, and training to 103.51 teachers and rehabilitation counselors, 103.52 on a statewide basis. This is a 103.53 one-time appropriation and shall not 103.54 become part of base level funding for 103.55 this activity for the 2002-2003 103.56 biennium. 103.57 (e) Mental Health Grants 103.58 General 45,169,000 46,528,000 103.59 Lottery Prize 1,158,000 1,158,000 103.60 [CRISIS HOUSING.] Of the general fund 103.61 appropriation, $126,000 in fiscal year 103.62 2000 and $150,000 in fiscal year 2001 103.63 is to the commissioner for the adult 104.1 mental illness crisis housing 104.2 assistance program under Minnesota 104.3 Statutes, section 245.99. This 104.4 appropriation shall become part of the 104.5 base for the 2002-2003 biennium. 104.6 [ADOLESCENT COMPULSIVE GAMBLING GRANT.] 104.7 $150,000 in fiscal year 2000 and 104.8 $150,000 in fiscal year 2001 is 104.9 appropriated from the lottery prize 104.10 fund created under Minnesota Statutes, 104.11 section 349A.10, subdivision 2, to the 104.12 commissioner for the purposes of a 104.13 grant to a compulsive gambling council 104.14 located in St. Louis county for a 104.15 statewide compulsive gambling 104.16 prevention and education project for 104.17 adolescents. 104.18 (f) Developmental Disabilities 104.19 Community Support Grants 104.20 9,323,000 10,958,000 104.21 [CRISIS INTERVENTION PROJECT.] Of this 104.22 appropriation, $40,000 in fiscal year 104.23 2000 is to the commissioner for the 104.24 action, support, and prevention project 104.25 of southeastern Minnesota. 104.26 [SILS FUNDING.] Of this appropriation, 104.27 $1,000,000 each year is for 104.28 semi-independent living services under 104.29 Minnesota Statutes, section 252.275. 104.30 This appropriation must be added to the 104.31 base level funding for this activity 104.32 for the 2002-2003 biennium. Unexpended 104.33 funds for fiscal year 2000 do not 104.34 cancel but are available to the 104.35 commissioner for this purpose in fiscal 104.36 year 2001. 104.37 [FAMILY SUPPORT GRANTS.] Of this 104.38 appropriation, $1,000,000 in fiscal 104.39 year 2000 and $2,500,000 in fiscal year 104.40 2001 is to increase the availability of 104.41 family support grants under Minnesota 104.42 Statutes, section 252.32. This 104.43 appropriation must be added to the base 104.44 level funding for this activity for the 104.45 2002-2003 biennium. Unexpended funds 104.46 for fiscal year 2000 do not cancel but 104.47 are available to the commissioner for 104.48 this purpose in fiscal year 2001. 104.49 (g) Medical Assistance Long-Term 104.50 Care Waivers and Home Care 104.51 349,052,000 414,240,000 104.52 [PROVIDER RATE INCREASES.] (a) The 104.53 commissioner shall increase 104.54 reimbursement rates by four percent the 104.55 first year of the biennium and by three 104.56 percent the second year for the 104.57 providers listed in paragraph (b). The 104.58 increases shall be effective for 104.59 services rendered on or after July 1 of 104.60 each year. 104.61 (b) The rate increases described in 105.1 this section shall be provided to home 105.2 and community-based waivered services 105.3 for persons with mental retardation or 105.4 related conditions under Minnesota 105.5 Statutes, section 256B.501; home and 105.6 community-based waivered services for 105.7 the elderly under Minnesota Statutes, 105.8 section 256B.0915; waivered services 105.9 under community alternatives for 105.10 disabled individuals under Minnesota 105.11 Statutes, section 256B.49; community 105.12 alternative care waivered services 105.13 under Minnesota Statutes, section 105.14 256B.49; traumatic brain injury 105.15 waivered services under Minnesota 105.16 Statutes, section 256B.49; nursing 105.17 services and home health services under 105.18 Minnesota Statutes, section 256B.0625, 105.19 subdivision 6a; personal care services 105.20 and nursing supervision of personal 105.21 care services under Minnesota Statutes, 105.22 section 256B.0625, subdivision 19a; 105.23 private-duty nursing services under 105.24 Minnesota Statutes, section 256B.0625, 105.25 subdivision 7; day training and 105.26 habilitation services for adults with 105.27 mental retardation or related 105.28 conditions under Minnesota Statutes, 105.29 sections 252.40 to 252.46; alternative 105.30 care services under Minnesota Statutes, 105.31 section 256B.0913; adult residential 105.32 program grants under Minnesota Rules, 105.33 parts 9535.2000 to 9535.3000; adult and 105.34 family community support grants under 105.35 Minnesota Rules, parts 9535.1700 to 105.36 9535.1760; semi-independent living 105.37 services under Minnesota Statutes, 105.38 section 252.275, including SILS funding 105.39 under county social services grants 105.40 formerly funded under Minnesota 105.41 Statutes, chapter 256I; and community 105.42 support services for deaf and 105.43 hard-of-hearing adults with mental 105.44 illness who use or wish to use sign 105.45 language as their primary means of 105.46 communication. 105.47 (c) The commissioner shall increase 105.48 reimbursement rates by two percent for 105.49 the group residential housing 105.50 supplementary service rate under 105.51 Minnesota Statutes, section 256I.05, 105.52 subdivision 1a, for services rendered 105.53 on or after January 1, 2000. 105.54 (d) Providers that receive a rate 105.55 increase under this section shall use 105.56 at least 80 percent of the additional 105.57 revenue to increase the compensation 105.58 paid to employees other than the 105.59 administrator and central office staff. 105.60 (e) A copy of the provider's plan for 105.61 complying with paragraph (d) must be 105.62 made available to all employees. This 105.63 must be done by giving each employee a 105.64 copy or by posting it in an area of the 105.65 provider's operation to which all 105.66 employees have access. If an employee 105.67 does not receive the salary adjustment 105.68 described in the plan and is unable to 106.1 resolve the problem with the provider, 106.2 the employee may contact the employee's 106.3 union representative. If the employee 106.4 is not covered by a collective 106.5 bargaining agreement, the employee may 106.6 contact the commissioner at a phone 106.7 number provided by the commissioner and 106.8 included in the provider's plan. 106.9 (f) Section 13, sunset of uncodified 106.10 language, does not apply to this 106.11 provision. 106.12 [DEVELOPMENTAL DISABILITIES WAIVER 106.13 SLOTS.] Of this appropriation, 106.14 $1,746,000 in fiscal year 2000 and 106.15 $4,683,000 in fiscal year 2001 is to 106.16 increase the availability of home and 106.17 community-based waiver services for 106.18 persons with mental retardation or 106.19 related conditions. 106.20 (h) Medical Assistance Long-Term 106.21 Care Facilities 106.22 546,228,000 558,349,000 106.23 [MORATORIUM EXCEPTIONS.] Of this 106.24 appropriation, $250,000 in fiscal year 106.25 2000 and $250,000 in fiscal year 2001 106.26 is from the general fund to the 106.27 commissioner for the medical assistance 106.28 costs of moratorium exceptions approved 106.29 by the commissioner of health under 106.30 Minnesota Statutes, section 144A.073. 106.31 Unexpended money appropriated for 106.32 fiscal year 2000 shall not cancel but 106.33 shall be available for fiscal year 2001. 106.34 [NURSING FACILITY OPERATED BY THE RED 106.35 LAKE BAND OF CHIPPEWA INDIANS.] (1) The 106.36 medical assistance payment rates for 106.37 the 47-bed nursing facility operated by 106.38 the Red Lake Band of Chippewa Indians 106.39 must be calculated according to 106.40 allowable reimbursement costs under the 106.41 medical assistance program, as 106.42 specified in Minnesota Statutes, 106.43 section 246.50, and are subject to the 106.44 facility-specific Medicare upper limits. 106.45 (2) In addition, the commissioner shall 106.46 make available an operating payment 106.47 rate adjustment effective July 1, 1999, 106.48 and July 1, 2000, that is equal to the 106.49 adjustment provided under Minnesota 106.50 Statutes, section 256B.431, subdivision 106.51 28. The commissioner must use the 106.52 facility's final 1998 and 1999 Medicare 106.53 cost reports, respectively, to 106.54 calculate the adjustment. The 106.55 adjustment shall be available based on 106.56 a plan submitted and approved according 106.57 to Minnesota Statutes, section 106.58 256B.431, subdivision 28. Section 13, 106.59 sunset of uncodified language, does not 106.60 apply to this paragraph. 106.61 [COSTS RELATED TO FACILITY 106.62 CERTIFICATION.] Of this appropriation, 106.63 $168,000 is for the costs of providing 107.1 one-half the state share of medical 107.2 assistance reimbursement for 107.3 residential and day habilitation 107.4 services under article 3, section3943. 107.5 This amount is available the day 107.6 following final enactment. 107.7 (i) Alternative Care Grants 107.8 General 60,873,000 59,981,000 107.9 [ALTERNATIVE CARE TRANSFER.] Any money 107.10 allocated to the alternative care 107.11 program that is not spent for the 107.12 purposes indicated does not cancel but 107.13 shall be transferred to the medical 107.14 assistance account. 107.15 [PREADMISSION SCREENING AMOUNT.] The 107.16 preadmission screening payment to all 107.17 counties shall continue at the payment 107.18 amount in effect for fiscal year 1999. 107.19 [ALTERNATIVE CARE APPROPRIATION.] The 107.20 commissioner may expend the money 107.21 appropriated for the alternative care 107.22 program for that purpose in either year 107.23 of the biennium. 107.24 (j) Group Residential Housing 107.25 General 66,477,000 70,390,000 107.26 [GROUP RESIDENTIAL FACILITY FOR WOMEN 107.27 IN RAMSEY COUNTY.] (a) Notwithstanding 107.28 Minnesota Statutes 1998, section 107.29 256I.05, subdivision 1d, the new 23-bed 107.30 group residential facility for women in 107.31 Ramsey county, with approval by the 107.32 county agency, may negotiate a 107.33 supplementary service rate in addition 107.34 to the board and lodging rate for 107.35 facilities licensed and registered by 107.36 the Minnesota department of health 107.37 under Minnesota Statutes, section15.17107.38 157.17. The supplementary service rate 107.39 shall not exceed $564 per person per 107.40 month and the total rate may not exceed 107.41 $1,177 per person per month. 107.42 (b) Of the general fund appropriation, 107.43 $19,000 in fiscal year 2000 and $38,000 107.44 in fiscal year 2001 is to the 107.45 commissioner for the costs associated 107.46 with paragraph (a). This appropriation 107.47 shall become part of the base for the 107.48 2002-2003 biennium. 107.49 (k) Chemical Dependency 107.50 Entitlement Grants 107.51 General 36,751,000 38,847,000 107.52 (l) Chemical Dependency 107.53 Nonentitlement Grants 107.54 General 6,778,000 6,328,000 107.55 [CHEMICAL DEPENDENCY SERVICES.] Of this 107.56 appropriation, $450,000 in fiscal year 107.57 2000 is to the commissioner for 108.1 chemical dependency services to persons 108.2 who qualify under Minnesota Statutes, 108.3 section 254B.04, subdivision 1, 108.4 paragraph (b). 108.5 EFFECTIVE DATE: This section is effective the day 108.6 following final enactment. 108.7 Sec. 12. Laws 1999, chapter 245, article 4, section 121, 108.8 is amended to read: 108.9 Sec. 121. [EFFECTIVE DATE.] 108.10 (a) Sections 3, 5, 45,and97, paragraph (d), and 98, 108.11 paragraph (d), are effective July 1, 2000. 108.12 (b) Section 56 is effective upon federal approval. 108.13 EFFECTIVE DATE: This section is effective the day 108.14 following final enactment. 108.15 Sec. 13. [REPEALER.] 108.16 (a) Minnesota Statutes 1999 Supplement, section 144.396, 108.17 subdivision 13, is repealed. 108.18 (b) Laws 1997, chapter 203, article 7, section 27, is 108.19 repealed. 108.20 EFFECTIVE DATE: This section is effective the day 108.21 following final enactment. 108.22 Sec. 14. [EFFECTIVE DATE.] 108.23 Sections 1 and 4 to 13 are effective the day following 108.24 final enactment. 108.25 Sections 2 and 3 are effective July 1, 2000. 108.26 ARTICLE 6 108.27 APPROPRIATIONS 108.28 Section 1. [ECONOMIC DEVELOPMENT; APPROPRIATIONS.] 108.29 The sums shown in the columns marked "APPROPRIATIONS" are 108.30 appropriated from the general fund, or another named fund, to 108.31 the agencies and for the purposes specified in this act, to be 108.32 available for the fiscal years indicated for each purpose. The 108.33 figures "2000" and "2001," where used in this act, mean that the 108.34 appropriation or appropriations listed under them are available 108.35 for the year ending June 30, 2000, or June 30, 2001, 108.36 respectively. The term "first year" means the fiscal year 108.37 ending June 30, 2000, and "second year" means the fiscal year 109.1 ending June 30, 2001. 109.2 SUMMARY BY FUND 109.3 2000 2001 TOTAL 109.4 General $ 5,000,000 $ 69,886,000 $ 74,886,000 109.5 TANF -0- 250,000 250,000 109.6 LCMR -0- 225,000 225,000 109.7 Workforce 109.8 Development Fund -0- 5,576,000 5,576,000 109.9 TOTAL $ 5,000,000 $ 75,937,000 $ 80,937,000 109.10 APPROPRIATIONS 109.11 Available for the Year 109.12 Ending June 30 109.13 2000 2001 109.14 Sec. 2. TRADE AND ECONOMIC DEVELOPMENT 109.15 Subdivision 1. Total 109.16 Appropriation 5,000,000 11,855,000 109.17 Summary by Fund 109.18 General 5,000,000 9,180,000 109.19 LCMR -0- 225,000 109.20 Workforce 109.21 Development Fund -0- 2,450,000 109.22 The amounts that may be spent from this 109.23 appropriation for each program are 109.24 specified in the following subdivisions. 109.25 Subd. 2. Business and Community 109.26 Development -0- 11,855,000 109.27 Summary by Fund 109.28 General -0- 9,180,000 109.29 LCMR -0- 225,000 109.30 Workforce 109.31 Development Fund -0- 2,450,000 109.32 $400,000 the second year is for a grant 109.33 to Advantage Minnesota, Inc. The funds 109.34 are available only if matched on at 109.35 least a dollar-for-dollar basis from 109.36 other sources. This is a one-time 109.37 appropriation and is not added to the 109.38 agency's budget base. The commissioner 109.39 may release the funds only upon: 109.40 (1) certification that matching funds 109.41 from each participating organization 109.42 are available; and 109.43 (2) review and approval by the 109.44 commissioner of the proposed operations 109.45 plan of Advantage Minnesota, Inc. for 109.46 the biennium. 109.47 $1,000,000 in the second year is for 110.1 catalyst grants to local governments to 110.2 expand telecommunications capacity in 110.3 areas of Minnesota that have limited 110.4 capacity. Grants are for capital 110.5 expenditures related to providing 110.6 Internet access to residences and 110.7 businesses using either traditional 110.8 fiber optic cable or wireless 110.9 technology, including, but not limited 110.10 to, multipoint microwave distribution. 110.11 The commissioner shall award catalyst 110.12 grants for at least one rural and one 110.13 urban wireless project. Eligible 110.14 capital expenditures include equipment 110.15 and construction costs but do not 110.16 include the costs of planning, 110.17 engineering, or preliminary design. 110.18 The commissioner, after consultation 110.19 with the commissioner of 110.20 administration, shall award catalyst 110.21 grants according to a competitive grant 110.22 process. A preference shall be given 110.23 for projects that will enable both 110.24 business and residential Internet 110.25 access at speeds of at least 512 110.26 kilobytes per second. Grant requests 110.27 shall be made by application to the 110.28 commissioner of trade and economic 110.29 development. The application must, at 110.30 a minimum, document for each applicant 110.31 the following: 110.32 (1) intent to aggregate, or current 110.33 aggregation of, demand for services 110.34 among private, nonprofit, and public 110.35 sector within or among communities; 110.36 (2) the extent to which the proposal 110.37 involves private-public shared funding 110.38 and collaborative planning among 110.39 different economic and government 110.40 sectors, including, but not limited to, 110.41 private sector providers, public sector 110.42 technology investments such as the 110.43 state information infrastructure, 110.44 library systems, health care providers, 110.45 businesses, schools, and other 110.46 educational institutions, and the 110.47 nonprofit sector to leverage public and 110.48 private investments to the maximum 110.49 benefit of all citizens; 110.50 (3) the extent to which the supporting 110.51 information infrastructure employs an 110.52 open network architecture that will 110.53 ensure interconnectivity and 110.54 interoperability across community 110.55 sectors; and 110.56 (4) the existence of a comprehensive 110.57 technology plan that integrates 110.58 technology goals with community and 110.59 economic development goals for the 110.60 community and region. 110.61 The maximum catalyst grant for any 110.62 project is $250,000 or 25 percent of 110.63 the eligible capital expenditures, 110.64 whichever is less. This is a one-time 110.65 appropriation and is not added to the 110.66 agency's budget base. 111.1 $500,000 in the second year is for a 111.2 grant to the community resources 111.3 program under Minnesota Statutes, 111.4 chapter 466A. This is a one-time 111.5 appropriation and is not added to the 111.6 agency's budget base. 111.7 $200,000 the second year is for a grant 111.8 to the board of the rural policy and 111.9 development center for operation of the 111.10 center. This is a one-time 111.11 appropriation and is not added to the 111.12 agency's budget base. This 111.13 appropriation is available as matched 111.14 in cash on a dollar-for-dollar basis 111.15 from nonstate sources. 111.16 $950,000 the second year is for a grant 111.17 to Lifetrack Resources, Inc., for 111.18 programs to improve the 111.19 self-sufficiency of persons who are 111.20 disadvantaged, including services in 111.21 the CAREER collaborative for refugees 111.22 and immigrants related to developing 111.23 job-seeking skills and workplace 111.24 orientation, functional work English, 111.25 and on-site job coaching. Of this 111.26 appropriation, $500,000 is from the 111.27 general fund and $450,000 is from the 111.28 workforce development fund. Of this 111.29 amount, $450,000 is to provide services 111.30 in the metropolitan area and $500,000 111.31 is to provide similar services to 111.32 similar clientele in Willmar, Albert 111.33 Lea, Austin, Rochester, and Marshall 111.34 either directly by Lifetrack Resources, 111.35 Inc., or through contracts with other 111.36 service providers. 111.37 $2,000,000 the second year is from the 111.38 work force development fund for the 111.39 jobs skills partnership board to make 111.40 distance-work grants under Minnesota 111.41 Statutes, section 116L.16. This 111.42 appropriation is available until 111.43 expended. This is a one-time 111.44 appropriation and is not added to the 111.45 agency's budget base. 111.46 $250,000 the second year is for 111.47 separate grants of $125,000 to the 111.48 cities of Minneapolis and St. Paul for 111.49 the purpose of programs related to the 111.50 retrofitting and reinventing of aging 111.51 commercial corridors in those cities. 111.52 This is a one-time appropriation and is 111.53 not added to the agency's budget base. 111.54 4,916,000 in the second year is for 111.55 grants to cities for community 111.56 rehabilitation projects, including 111.57 improvements to municipal steam heating 111.58 systems. 111.59 $50,000 the second year is for a grant 111.60 to county and district agricultural 111.61 societies and associations that are 111.62 eligible to receive aid under Minnesota 111.63 Statutes, section 38.02. The 111.64 commissioner shall administer this 111.65 appropriation pursuant to a need-based 112.1 competitive grant process. This is a 112.2 one-time appropriation and is not added 112.3 to the agency's budget base. 112.4 $216,000 in the second year is for 112.5 one-time rural job creation grants 112.6 under Minnesota Statutes, section 112.7 469.309. This is a one-time 112.8 appropriation and is not added to the 112.9 agency's budget base. 112.10 $725,000 in the second year is for a 112.11 grant to the city of Duluth for repair 112.12 and restoration of the aerial lift 112.13 bridge. 112.14 $100,000 in the second year is for a 112.15 grant to the city of St. Paul for 112.16 native landscaping along trunk highway 112.17 No. 5 from the Minneapolis-St. Paul 112.18 International Airport to the Fort 112.19 Snelling tunnel and improved 112.20 landscaping on West Seventh Street from 112.21 the Mississippi river to I-35E. 112.22 $98,000 in the second year is for a 112.23 grant to the Neighborhood Development 112.24 Center, Inc. The center shall use the 112.25 grant for the purpose of expanding and 112.26 improving its neighborhood and 112.27 ethnic-based entrepreneur training, 112.28 lending, and support programs in the 112.29 poorest communities of Minneapolis and 112.30 St. Paul. This is a one-time 112.31 appropriation and is not added to the 112.32 department's budget base. 112.33 $225,000 in the second year is for a 112.34 grant to the city of Owatonna for 112.35 infrastructure improvements. 112.36 $225,000 in the second year is from the 112.37 future resources fund for an agreement 112.38 with the city of Virginia for 112.39 relocation of the Silver Lake storm 112.40 sewer outlet, construction of 112.41 sedimentation ponds, and renovation of 112.42 the Sauntry Creek diversion structure. 112.43 Native plantings must be used in buffer 112.44 strips. This is a one-time 112.45 appropriation and is not added to the 112.46 agency's budget base. This 112.47 appropriation must be matched by at 112.48 least $225,000 of nonstate money. 112.49 Subd. 3. Tourism 5,000,000 -0- 112.50 Summary by Fund 112.51 General 5,000,000 -0- 112.52 $5,000,000 the first year is for 112.53 participating in, guaranteeing, or 112.54 making loans to tourism related 112.55 businesses in Minnesota that have been 112.56 adversely impacted by the lack of 112.57 snowfall in the winter of 1999-2000 or 112.58 the preceding two winters. The 112.59 commissioner shall establish an 112.60 application process and form for the 112.61 loans. The maximum loan term shall be 113.1 for ten years and the maximum interest 113.2 rate may not exceed six percent. Loans 113.3 may be used for working capital, 113.4 operations, and for capital 113.5 improvements. Loan repayments shall be 113.6 deposited in the tourism loan account 113.7 and may be used for the purposes of the 113.8 tourism loan program under Minnesota 113.9 Statutes, section 116J.617. 113.10 Sec. 3. MINNESOTA TECHNOLOGY, INC. -0- 900,000 113.11 $200,000 the second year is for a grant 113.12 to the e-Business Institute. This is a 113.13 one-time appropriation and is not added 113.14 to the agency's budget base. 113.15 $200,000 the second year is for a grant 113.16 to Minnesota Project Innovation. This 113.17 is a one-time appropriation and is not 113.18 added to the agency's budget base. 113.19 $400,000 the second year is for a grant 113.20 to the Natural Resources Research 113.21 Institute. This is a one-time 113.22 appropriation and is not added to the 113.23 agency's budget base. 113.24 $100,000 the second year is for a grant 113.25 to the Minnesota Council for Quality. 113.26 This is a one-time appropriation and is 113.27 not added to the agency's budget base. 113.28 Sec. 4. ECONOMIC SECURITY -0- 5,258,000 113.29 Summary by Fund 113.30 General -0- 1,882,000 113.31 TANF -0- 250,000 113.32 Workforce 113.33 Development Fund -0- 3,126,000 113.34 $126,000 the second the year is for a 113.35 grant to Advocating Change Together, 113.36 Inc., (ACT). This appropriation is 113.37 from the workforce development fund. 113.38 The grant must be used for the training 113.39 of individuals with developmental and 113.40 other mental health disabilities, the 113.41 maintenance of related data, or 113.42 technical assistance for work 113.43 advancement or additional workforce 113.44 training. No part of this grant may be 113.45 applied to litigation costs or used for 113.46 legal advocacy or legal assistance 113.47 purposes. This is a one-time 113.48 appropriation and is not added to the 113.49 agency's budget base. 113.50 $250,000 in the second year is to 113.51 administer the alien certification 113.52 program. This is a one-time 113.53 appropriation and is not added to the 113.54 agency's budget base. 113.55 $3,000,000 in the second year is from 113.56 the workforce development fund and is 113.57 for summer youth employment programs. 113.58 This is a one-time appropriation and is 114.1 not added to the agency's budget base. 114.2 This appropriation is available 114.3 immediately. 114.4 $1,000,000 in the second year is for a 114.5 pilot parental leave program. The 114.6 commissioner, to the extent of funds 114.7 available under this $1,000,000 114.8 appropriation, shall reimburse an 114.9 "employer" as defined in Minnesota 114.10 Statutes, section 268.035, subdivision 114.11 14, that provides qualified paid 114.12 parental leave. The reimbursement is 114.13 one-half of the employer payment to an 114.14 employee, subject to a maximum of 26 114.15 weeks. A "qualified paid parental 114.16 leave" is a paid leave of absence to an 114.17 employee who is a natural or adoptive 114.18 parent in conjunction with the birth or 114.19 adoption of a child. Qualified paid 114.20 parental leave does not include sick 114.21 leave or vacation leave but must be in 114.22 addition to sick leave or vacation 114.23 leave. The leave must be at least six 114.24 weeks and must be used within the first 114.25 year of birth or during the first year 114.26 in which the employee becomes an 114.27 adoptive parent. In order to receive 114.28 reimbursement under this section, an 114.29 employer must pay the employee at least 114.30 $200 per week. An employer may not be 114.31 reimbursed more than $250 per week nor 114.32 may weekly state reimbursement exceed 114.33 more than one-third of the employee's 114.34 weekly wage with the employer at the 114.35 time of the leave. Reimbursement may 114.36 be done on a quarterly or other basis 114.37 as determined by the commissioner. 114.38 Benefits received under this section 114.39 shall be considered income for the 114.40 purposes of Minnesota Statutes, section 114.41 119B.061. The commissioner of economic 114.42 security shall notify employers of the 114.43 voluntary paid parental leave program 114.44 through the department's Web site and 114.45 other communications with employers. 114.46 The commissioner shall develop an 114.47 application process for a pilot program 114.48 that reasonably allocates the available 114.49 funds for this pilot program. 114.50 Reimbursement may be made for leave 114.51 taken on or after July 1, 2000. This 114.52 is a one-time appropriation and is not 114.53 added to the agency's budget base. Up 114.54 to five percent of this appropriation 114.55 may be used for administration. This 114.56 appropriation is available until 114.57 expended. 114.58 $250,000 in the second year is to 114.59 provide services to people with severe 114.60 impairments to employment as defined in 114.61 Minnesota Statutes, section 268A.15, 114.62 subdivision 1a. This appropriation is 114.63 from the state's federal TANF block 114.64 grant under Public Law Number 104-193 114.65 to the commissioner of human services 114.66 to be transferred to the commissioner 114.67 of economic security. This is a 114.68 one-time appropriation and is not added 114.69 to the agency's budget base. 115.1 $572,000 in the second year is for 115.2 enterprise zone incentive grants under 115.3 Minnesota Statutes, section 469.305. 115.4 This is a one-time appropriation and is 115.5 not added to the agency's budget base. 115.6 $30,000 in the second year is for a 115.7 grant to the city of Minneapolis for a 115.8 service provider located in Hennepin 115.9 county that provides prevention 115.10 services to high-risk populations. 115.11 $30,000 in the second year is for a 115.12 grant to the Tri-County Action 115.13 Programs, Inc. 115.14 Sec. 5. HOUSING FINANCE AGENCY 115.15 Summary by Fund 115.16 General -0- 56,500,000 115.17 Subdivision 1. Total 115.18 Appropriation -0- 56,500,000 115.19 The amounts that may be spent from this 115.20 appropriation for certain programs are 115.21 specified in the following subdivisions. 115.22 This appropriation is for transfer to 115.23 the housing development fund for the 115.24 programs specified. Except as 115.25 otherwise indicated, this transfer is 115.26 not part of the agency's permanent 115.27 budget base. 115.28 Subd. 2. Family Homeless Prevention 115.29 $1,000,000 the second year is for the 115.30 family homeless prevention and 115.31 assistance program under Minnesota 115.32 Statutes, section 462A.204. 115.33 Subd. 3. Nursing Home Conversion 115.34 Grant Program 115.35 $1,000,000 the second year is for the 115.36 nursing home conversion grant and loan 115.37 program under Minnesota Statutes, 115.38 section 462A.34. 115.39 Sec. 6. COMMERCE -0- 129,000 115.40 $129,000 in the second year is from the 115.41 general fund to maintain the no-call 115.42 information list as described in 115.43 Minnesota Statutes, section 325G.54. 115.44 Sec. 7. MINNESOTA HISTORICAL 115.45 SOCIETY -0- 1,150,000 115.46 $850,000 in the second year is for 115.47 salary adjustments. This is a one-time 115.48 appropriation and is not added to the 115.49 agency's budget base. 115.50 $300,000 in the second year is for 115.51 grants to county and local 115.52 jurisdictions for historic preservation 115.53 projects and accessibility 115.54 improvements. The grants must be 116.1 matched by at least an equal amount 116.2 from nonstate sources. 116.3 Sec. 8. BOARD OF ARCHITECTURE, 116.4 ENGINEERING, LAND SURVEYING, LANDSCAPE 116.5 LANDSCAPE ARCHITECTURE, AND 116.6 INTERIOR DESIGN -0- 130,000 116.7 $130,000 in the second year is for 116.8 enforcement activities of the board. 116.9 Sec. 9. OFFICE OF STRATEGIC AND 116.10 LONG-RANGE PLANNING -0- 15,000 116.11 $15,000 in the second year is for 116.12 duties related to the legislative job 116.13 training program task force. 116.14 Sec. 10. [JUDY GARLAND MUSEUM.] 116.15 Notwithstanding Laws 1997, chapter 200, article 1, section 116.16 2, subdivision 2, the match required for the appropriation for 116.17 an agreement under that law with the Judy Garland Children's 116.18 Museum and the department of trade and economic development is 116.19 an equal match of $200,000. 116.20 Sec. 11. [UPPER RED LAKE BUSINESS LOAN PROGRAM.] 116.21 The appropriation to the commissioner of trade and economic 116.22 development in Laws 1999, chapter 223, article 1, section 2, 116.23 subdivision 4, for the Upper Red Lake business loan program is 116.24 available until December 31, 2000, and applications for grants 116.25 under that program may be accepted until that date. 116.26 Sec. 12. [JOBS SKILLS PARTNERSHIP BOARD.] 116.27 (a) The appropriation by Laws 1999, chapter 223, article 1, 116.28 section 2, subdivision 2, to the department of trade and 116.29 economic development from the workforce development fund for the 116.30 jobs skills partnership board for the pathways program does not 116.31 cancel and is available until expended. If the appropriation 116.32 for either year is insufficient, the appropriation for the other 116.33 year is available. 116.34 (b) The appropriation by Laws 1999, chapter 223, article 1, 116.35 section 2, subdivision 2, to the department of trade and 116.36 economic development from the state's federal TANF block grant 116.37 under Title 1 of Public Law Number 104-193 to the commissioner 116.38 of human services, to be transferred to the commissioner of 116.39 trade and economic development for the pathways program under 116.40 Minnesota Statutes, section 116L.04, subdivision 1a, does not 117.1 cancel and is available until expended. If the appropriation 117.2 for either year is insufficient, the appropriation for the other 117.3 year is available. 117.4 (c) The appropriation by Laws 1999, chapter 245, article 1, 117.5 section 2, subdivision 10, to the commissioner of health and 117.6 human services from the state's federal TANF block grant under 117.7 Title 1 of Public Law Number 104-193, to increase employment and 117.8 training services grants for MFIP of which $750,000 is to be 117.9 transferred to the jobs skills partnership board for the health 117.10 care and human services worker training and retention program, 117.11 does not cancel and is available until expended. If the 117.12 appropriation for either year is insufficient, the appropriation 117.13 for the other year is available. 117.14 Sec. 13. [REEMPLOYMENT INSURANCE; FOOD SERVICES.] 117.15 Notwithstanding the provisions of Minnesota Statutes, 117.16 section 268.085, subdivision 8, wage credits from an employer 117.17 are not subject to the provisions of Minnesota Statutes, section 117.18 268.085, subdivision 7, if those wage credits were earned during 117.19 the school year by an employee of a private employer performing 117.20 work pursuant to a contract between the employer and an 117.21 elementary or secondary school and the employment was related to 117.22 food services provided to the school by the employer. This 117.23 section expires December 31, 2001. 117.24 Sec. 14. [LEGISLATIVE JOB TRAINING PROGRAM TASK FORCE.] 117.25 (a) There is established a legislative job training program 117.26 task force to study all federal and state job training programs 117.27 and make legislative recommendations for the consolidation and 117.28 modification of state job training programs. This task force 117.29 shall also make recommendations regarding the cost-effectiveness 117.30 of locating work-force centers and their affiliates at Minnesota 117.31 state colleges and universities campuses. 117.32 (b) The task force consists of: 117.33 (1) five members of the house of representatives to be 117.34 appointed by the speaker of the house, two of whom must be from 117.35 the minority caucus; and 117.36 (2) five members of the senate to be appointed by the 118.1 subcommittee on committees of the committee on rules and 118.2 administration, two of whom must be from the minority caucus. 118.3 The task force shall review existing reports on state job 118.4 training programs as the starting point for its study. The 118.5 recommendations shall specifically address the use of federal 118.6 job training program funds and the coordination of federal and 118.7 state programs. The task force shall investigate the role of 118.8 the state under the federal Workforce Investment Act, including 118.9 the opportunity that act gives to the state to exercise 118.10 discretion in the use of federal funds. The task force shall 118.11 submit its recommendations to the legislature by January 15, 118.12 2001. The task force shall expire January 20, 2001. The 118.13 director of the office of strategic and long-range planning 118.14 shall assist the task force in its duties. 118.15 Sec. 15. [WORKFORCE CENTER LOCATIONS.] 118.16 The commissioner of the department of administration shall 118.17 assist the commissioner of economic security and the board of 118.18 trustees of the Minnesota state colleges and universities system 118.19 to develop and report to the legislature by January 15, 2001, on 118.20 a ten-year plan for the possible location of workforce centers 118.21 or affiliate location on Minnesota college and university 118.22 campuses, where appropriate. 118.23 The plan must identify space requirements, current 118.24 workforce center lease expiration dates, and the campuses that 118.25 can immediately accommodate workforce centers, and recommend 118.26 timelines for colocating workforce centers with Minnesota state 118.27 colleges and universities system facilities. 118.28 If additional space would be required to accommodate the 118.29 workforce center, the plan must outline alternative capital 118.30 financing mechanisms, including private build-lease. 118.31 Sec. 16. [EXEMPTION FROM ADDITIONAL BENEFITS REQUIREMENTS; 118.32 HENNEPIN PAPER.] 118.33 Notwithstanding Minnesota Statutes, section 268.125, an 118.34 applicant is eligible to receive additional benefits for any 118.35 week under Minnesota Statutes, section 268.125, if: 118.36 (1) the applicant was laid off due to lack of work from the 119.1 Hennepin Paper Company in Morrison county; 119.2 (2) the applicant is a member of a group certified on May 119.3 4, 1999, under the North American Free Trade Agreement or the 119.4 Trade Adjustment Act as having been impacted by foreign imports; 119.5 (3) the applicant has exhausted all rights to regular 119.6 benefits under Minnesota Statutes, section 268.07, and does not 119.7 qualify for a new benefit account under Minnesota Statutes, 119.8 section 268.07, and is not entitled to receive unemployment 119.9 benefits under any other state or federal law; 119.10 (4) the applicant is presently attending training or is on 119.11 vacation from training pursuant to the North American Free Trade 119.12 Agreement or the Trade Adjustment Act; 119.13 (5) the applicant has filed a continued request for 119.14 benefits under Minnesota Statutes, section 268.086, for the 119.15 week; 119.16 (6) a majority of the applicant's wage credits were from 119.17 the Hennepin Paper Company; 119.18 (7) the applicant is not subject to a disqualification 119.19 under Minnesota Statutes, section 268.095; and 119.20 (8) the applicant meets the eligibility requirements under 119.21 Minnesota Statutes, section 268.085, except for subdivision 1, 119.22 clause (2). 119.23 The disqualification provisions under Minnesota Statutes, 119.24 section 268.095, apply to this section. 119.25 The applicant's weekly additional benefit amount shall be 119.26 the same as the applicant's weekly benefit amount under 119.27 Minnesota Statutes, section 268.07. 119.28 The maximum amount of the additional benefits available 119.29 shall be 18 times the applicant's weekly benefit amount under 119.30 Minnesota Statutes, section 268.07. 119.31 Additional benefits under this section are payable from the 119.32 fund. 119.33 This section expires January 1, 2001. 119.34 Sec. 17. [EXEMPTION FROM ADDITIONAL BENEFITS REQUIREMENTS; 119.35 EVTAC MINING.] 119.36 Notwithstanding Minnesota Statutes, section 268.125, 120.1 subdivisions 1, and 3, clauses (1) and (5), an applicant is 120.2 eligible to receive additional benefits under Minnesota 120.3 Statutes, section 268.125, effective the week following the week 120.4 in which the applicant exhausted regular benefits if: 120.5 (1) the applicant was laid off due to lack of work from the 120.6 Evtac Mining Company in St. Louis county between the months of 120.7 June and August of 1999; and 120.8 (2) the commissioner of economic security finds that the 120.9 applicant satisfies the conditions of Minnesota Statutes, 120.10 section 268.125, subdivision 3, clauses (2) to (4). 120.11 This section does not apply to any applicant who, with 120.12 respect to any period prior to September 1, 2000, receives, or 120.13 has an agreement to receive, a retirement pension financed in 120.14 whole or in part by the Evtac Mining Company. 120.15 Sec. 18. [EFFECTIVE DATE.] 120.16 Sections 16 and 17 and any appropriation and related rider 120.17 for fiscal year 2000 are effective the day following final 120.18 enactment. 120.19 ARTICLE 7 120.20 MISCELLANEOUS STATUTORY PROVISIONS 120.21 Section 1. Minnesota Statutes 1998, section 16C.05, 120.22 subdivision 3, is amended to read: 120.23 Subd. 3. [EXCEPTION.] The requirements of subdivision 2 do 120.24 not apply to contracts of the department of economic security 120.25 distributing state and federal funds for the purpose of 120.26 subcontracting the provision of program services to eligible 120.27 recipients. For these contracts, the commissioner of economic 120.28 security is authorized to directly enter into agency contracts 120.29 and encumber available funds. For contracts distributing state 120.30 or federal funds pursuant to the federal Economic Dislocation 120.31 and Worker Adjustment Assistance Act, United States Code, title 120.32 29, section 1651 et seq., or sections 268.9771, 268.978, 120.33 268.9781, and 268.9782, the commissioner of economic security is 120.34 authorized to directly enter into agency contracts with approval 120.35 of the workforce development council and encumber available 120.36 funds to ensure a rapid response to the needs of dislocated 121.1 workers. The commissioner of economic security shall adopt 121.2 internal procedures to administer and monitor funds distributed 121.3 under these contracts. This exception also applies to any 121.4 contracts entered into by the commissioner of children, 121.5 families, and learning and the jobs skills partnership board 121.6 that were previously entered into by the commissioner of 121.7 economic security. 121.8 Sec. 2. Minnesota Statutes 1998, section 80A.122, is 121.9 amended by adding a subdivision to read: 121.10 Subd. 4a. [EXPIRATION.] (a) A filing made in connection 121.11 with the securities of an open-end investment company under 121.12 subdivision 1 expires the next June 30 unless renewed. To renew 121.13 a notice filing, an issuer shall: 121.14 (1) before expiration of a current notice filing, file with 121.15 the commissioner the documents specified by the commissioner 121.16 under subdivision 1, clause (2), together with any fees required 121.17 by section 80A.28, subdivision 1, paragraph (c); and 121.18 (2) no later than September 1 following expiration, file a 121.19 sales report for the prior fiscal year with the commissioner 121.20 specifying: 121.21 (i) the registered sales; 121.22 (ii) the actual sales; and 121.23 (iii) the balance that could be sold without an additional 121.24 filing under section 80A.28, subdivision 1, paragraph (c). 121.25 (b) No portion of the unsold balance of shares indicated on 121.26 the issuer's sales report may be lawfully sold in this state in 121.27 connection with a renewed notice filing until fees have been 121.28 paid to renew the shares. 121.29 Sec. 3. Minnesota Statutes 1998, section 80A.28, 121.30 subdivision 1, is amended to read: 121.31 Subdivision 1. (a) There shall be a filing fee of $100 for 121.32 every application for registration or notice filing. There 121.33 shall be an additional fee of one-tenth of one percent of the 121.34 maximum aggregate offering price at which the securities are to 121.35 be offered in this state, and the maximum combined fees shall 121.36 not exceed $300. 122.1 (b) When an application for registration is withdrawn 122.2 before the effective date or a preeffective stop order is 122.3 entered under section 80A.13, subdivision 1, all but the $100 122.4 filing fee shall be returned. If an application to register 122.5 securities is denied, the total of all fees received shall be 122.6 retained. 122.7 (c) Where a filing is made in connection with a federal 122.8 covered security under section 18(b)(2) of the Securities Act of 122.9 1933, there is a fee of $100 for every initial filing. If the 122.10 filing is made in connection with redeemable securities issued 122.11 by an open end management company or unit investment trust, as 122.12 defined in the Investment Company Act of 1940, there is an 122.13 additional annual fee of 1/20 of one percent of the maximum 122.14 aggregate offering price at which the securities are to be 122.15 offered in this state during the notice filing period. The fee 122.16 must be paid at the time of the initial filing and thereafter in 122.17 connection with each renewal no later than July 1 of each year 122.18 and must be sufficient to cover the shares the issuer expects to 122.19 sell in this state over the next 12 months. If during a current 122.20 notice filing the issuer determines it is likely to sell shares 122.21 in excess of the shares for which fees have been paid to the 122.22 commissioner, the issuer shall submit an amended notice filing 122.23 to the commissioner under section 80A.122, subdivision 1, clause 122.24 (3), together with a fee of 1/20 of one percent of the maximum 122.25 aggregate offering price of the additional shares. Shares for 122.26 which a fee has been paid, but which have not been sold at the 122.27 time of expiration of the notice filing, may not be sold unless 122.28 an additional fee to cover the shares has been paid to the 122.29 commissioner as provided in this section and section 80A.122, 122.30 subdivision 4a. If the filing is made in connection with 122.31 redeemable securities issued by such a company or trust, there 122.32 is no maximum fee for securities filings made according to this 122.33 paragraph. If the filing is made in connection with any other 122.34 federal covered security under Section 18(b)(2) of the 122.35 Securities Act of 1933, there is an additional fee of one-tenth 122.36 of one percent of the maximum aggregate offering price at which 123.1 the securities are to be offered in this state, and the combined 123.2 fees shall not exceed $300. Beginning with fiscal year 2001 and 123.3 continuing each fiscal year thereafter, as of the last day of 123.4 each fiscal year, the commissioner shall determine the total 123.5 amount of all fees that were collected under this paragraph in 123.6 connection with any filings made for that fiscal year for 123.7 securities of an open-end investment company on behalf of a 123.8 security that is a federal covered security pursuant to section 123.9 18(b)(2) of the Securities Act of 1933. To the extent the total 123.10 fees collected by the commissioner in connection with these 123.11 filings exceed $25,000,000 in a fiscal year, the commissioner 123.12 shall refund, on a pro rata basis, to all persons who paid any 123.13 fees for that fiscal year, the amount of fees collected by the 123.14 commissioner in excess of $25,000,000. No individual refund is 123.15 required of amounts of $100 or less for a fiscal year. 123.16 Sec. 4. Minnesota Statutes 1998, section 116L.04, 123.17 subdivision 1, is amended to read: 123.18 Subdivision 1. [PARTNERSHIP PROGRAM.] (a) The partnership 123.19 program may provide grants-in-aid to educational or other 123.20 nonprofittrainingeducational institutions using the following 123.21 guidelines: 123.22 (1) the educational or other nonprofit educational 123.23 institution is a provider of training within the state in either 123.24 the public or private sector; 123.25 (2) the program involves skills training that is an area of 123.26 employment need; and 123.27 (3) preference will be given to educational or other 123.28 nonprofit training institutions which serve economically 123.29 disadvantaged people, minorities, or those who are victims of 123.30 economic dislocation and to businesses located in rural areas. 123.31 (b) A single grant to any one institution shall not exceed 123.32 $400,000. 123.33 Sec. 5. Minnesota Statutes 1999 Supplement, section 123.34 116L.04, subdivision 1a, is amended to read: 123.35 Subd. 1a. [PATHWAYS PROGRAM.] The pathways program may 123.36 provide grants-in-aid for developing programs which assist in 124.1 the transition of persons from welfare to work. The program is 124.2 to be operated by the board. The board shall consult and 124.3 coordinate with program administrators at the department of 124.4 economic security to design and provide services for temporary 124.5 assistance for needy families recipients. 124.6 Pathways grants-in-aid may be awarded to educational or 124.7 other nonprofittrainingeducational institutions for education 124.8 and training programs, which may include support services that 124.9 serve public assistance recipients transitioning from public 124.10 assistance to employment or programs that serve persons at or 124.11 below 200 percent of the federal poverty guidelines. 124.12 Preference shall be given to projects that: 124.13 (1) provide employment with benefits paid to employees; 124.14 (2) provide employment where there are defined career paths 124.15 for trainees; 124.16 (3) pilot the development of an educational pathway that 124.17 can be used on a continuing basis for transitioning persons from 124.18 public assistance directly to work; and 124.19 (4) demonstrate the active participation of department of 124.20 economic security workforce centers, Minnesota state college and 124.21 university institutions and other educational institutions, and 124.22 local welfare agencies. 124.23 Pathways projects must demonstrate the active involvement 124.24 and financial commitment of private business. Pathways projects 124.25 must be matched with cash or in-kind contributions on at least a 124.26 one-to-one ratio by participating private business. 124.27 A single grant to any one institution shall not exceed 124.28 $400,000. 124.29 The board shall annually, by March 31, report to the 124.30 commissioners of economic security and trade and economic 124.31 development on pathways programs, including the number of public 124.32 assistance recipients participating in the program, the number 124.33 of participants placed in employment, the salary and benefits 124.34 they receive, and the state program costs per participant. 124.35 Sec. 6. [116L.16] [DISTANCE-WORK GRANTS.] 124.36 The job skills partnership board may make grants-in-aid for 125.1 distance-work projects. The purpose of the grants is to promote 125.2 distance-work projects involving technology in rural areas and 125.3 may include a consortium of organizations partnering in the 125.4 development of rural technology industry. Grants may be used to 125.5 identify and train rural workers in technology and provide rural 125.6 workers with physical connections to telecommunications 125.7 infrastructure, where necessary, in order to be self-employed or 125.8 employed from their homes or satellite offices. Grants must be 125.9 made according to Minnesota Statutes, sections 116L.02 and 125.10 116L.04, except that: 125.11 (1) the business match may include, but is not limited to, 125.12 additional management or technology staff costs; start-up 125.13 equipment costs such as telecommunications infrastructure, 125.14 additional software, or computer upgrades; consulting fees for 125.15 implementation of distance-work policies or identification and 125.16 skill assessment of potential employees; and the joint financial 125.17 contribution of two or more businesses acting as a consortium; 125.18 (2) cash or in-kind contributions by partnering 125.19 organizations may be used as a match; 125.20 (3) eligible grantees may be educational or nonprofit 125.21 educational training organizations; and 125.22 (4) grants-in-aid may be packaged with loans under 125.23 Minnesota Statutes, section 116L.06, subdivision 6. 125.24 The board shall, to the extent there are sufficient 125.25 applications, make grant awards to as many parts of the state as 125.26 possible. Subject to the requirement for geographic 125.27 distribution of grants, preference shall be given to grant 125.28 applications that provide the most cost-effective training 125.29 proposals, that provide the best prospects for high-paying jobs 125.30 with high retention rates, or that are from more economically 125.31 distressed rural areas or communities. 125.32 Grantees must meet reporting and evaluation requirements 125.33 established by the board. 125.34 Sec. 7. [136F.77] [EQUITY INVESTMENTS.] 125.35 The board may acquire an interest in a product or a private 125.36 business entity for the purpose of developing and providing 126.1 educational materials and related programs or services to 126.2 further the mission of the Minnesota state colleges and 126.3 universities and foster the economic growth of the state. The 126.4 board may enter into joint venture agreements with private 126.5 corporations to develop educational materials and related 126.6 programs or services. Any proceeds from the investments or 126.7 ventures are appropriated to the board. The state is not liable 126.8 for any obligations or liabilities that arise from investments 126.9 under this section. The board must report annually by September 126.10 1 to the legislature regarding its earnings from partnerships 126.11 and the disposition of those earnings. 126.12 Sec. 8. Minnesota Statutes 1998, section 181A.12, 126.13 subdivision 1, is amended to read: 126.14 Subdivision 1. [FINES; PENALTY.] Any employer who hinders 126.15 or delays the department or its authorized representative in the 126.16 performance of its duties under sections 181A.01 to 181A.12 or 126.17 refuses to admit the commissioner or an authorized 126.18 representative to any place of employment or refuses to make 126.19 certificates or lists available as required by sections 181A.01 126.20 to 181A.12, or otherwise violates any provisions of sections 126.21 181A.01 to 181A.12 or any rules issued pursuant thereto shall be 126.22 assessed a fine to be paid to the commissioner for deposit in 126.23 the general fund. The fine may be recovered in a civil action 126.24 in the name of the department brought in the district court of 126.25 the county where the violation is alleged to have occurred or 126.26 the district court where the commissioner has an office. Fines 126.27 are in the amounts as follows: 126.28 (a) employment of minors under the age of 14 126.29 (each employee)$ 50126.30 $ 500 126.31 (b) employment of minors under the age of 16 126.32 during school hours while school is in session 126.33 (each employee)50126.34 500 126.35 (c) employment of minors under the age of 16 126.36 before 7:00 a.m. (each employee)50127.1 500 127.2 (d) employment of minors under the age of 16 127.3 after 9:00 p.m. (each employee)50127.4 500 127.5 (e) employment of a high school student under 127.6 the age of 18 in violation of section 181A.04, 127.7 subdivision 6 (each employee)100127.8 1,000 127.9 (f) employment of minors under the age of 16 127.10 over eight hours a day (each employee)50127.11 500 127.12 (g) employment of minors under the age of 16 127.13 over 40 hours a week (each employee)50127.14 500 127.15 (h) employment of minors under the age of 18 127.16 in occupations hazardous or 127.17 detrimental to their well-being as defined 127.18 by rule (each employee)100127.19 1,000 127.20 (i) employment of minors under the age of 16 127.21 in occupations hazardous or 127.22 detrimental to their well-being as defined 127.23 by rule (each employee)100127.24 1,000 127.25 (j) minors under the age of 18 injured in 127.26 hazardous employment (each employee)500127.27 5,000 127.28 (k) minors employed without proof of age 127.29 (each employee)25127.30 250 127.31 An employer who refuses to make certificates or lists 127.32 available as required by sections 181A.01 to 181A.12 shall be 127.33 assessed a $500 fine. 127.34 Sec. 9. Minnesota Statutes 1998, section 216C.051, 127.35 subdivision 9, is amended to read: 127.36 Subd. 9. [EXPIRATION.] This section is repealedJune 30128.1 March 15,20002001. 128.2 Sec. 10. Minnesota Statutes 1998, section 216C.41, 128.3 subdivision 3, is amended to read: 128.4 Subd. 3. [ELIGIBILITY WINDOW.] Payments may be made under 128.5 this section only for electricity generated: 128.6 (a) from a qualified hydroelectric facility that is 128.7 operational and generating electricity beforeJanuary 1December 128.8 31, 2001; or 128.9 (b) from a qualified wind energy conversion facility that 128.10 is operational and generating electricity before January 1, 2005. 128.11 Sec. 11. [268.028] [ALIEN LABOR CERTIFICATION; PERFORMANCE 128.12 STANDARDS.] 128.13 The department of economic security shall have as a goal to 128.14 process completed applications for certification for permanent 128.15 alien laborers within 60 days of receipt of the completed 128.16 application. 128.17 Sec. 12. Minnesota Statutes 1999 Supplement, section 128.18 268.085, subdivision 4, is amended to read: 128.19 Subd. 4. [SOCIAL SECURITY BENEFITS.] (a) Any applicant 128.20 aged 62 or over shall be required to state when filing an 128.21 application for benefits and when filing continued requests for 128.22 benefits whether the applicant is receiving, has filed for, or 128.23 intends to file for, primary social security old age or 128.24 disability benefits for any week during the benefit year. 128.25 (b) There shall be deducted from an applicant's weekly 128.26 benefit amount 50 percent of the weekly equivalent of the 128.27 primary social security old age or disability benefit the 128.28 applicant has received, has filed for, or intends to file for, 128.29 with respect to that week. 128.30 (c) Notwithstanding paragraph (b), an applicant shall be 128.31 ineligible for benefits for any week with respect to which the 128.32 applicant is receiving, has received, or has filed for primary 128.33 social security disability benefits. 128.34 This paragraph shall not apply if the Social Security 128.35 Administration approved the collecting of primary social 128.36 security disability benefits each month the applicant was 129.1 employed during the base period. 129.2 (d) Information from the Social Security Administration 129.3 shall be considered conclusive, absent specific evidence showing 129.4 that the information was erroneous. 129.5 (e) Any applicant who receives primary social security old 129.6 age or disability benefits for periods that the applicant has 129.7 been paid reemployment compensation benefits shall be considered 129.8 overpaid those reemployment compensation benefits under section 129.9 268.18, subdivision 1. 129.10 Sec. 13. Minnesota Statutes 1999 Supplement, section 129.11 268.98, subdivision 3, is amended to read: 129.12 Subd. 3. [COST LIMITATIONS.] (a) For purposes of sections 129.13 268.9781 and 268.9782, funds allocated to a grantee are subject 129.14 to the following limitations: 129.15 (1) a maximum of 15 percent for administration in a worker 129.16 adjustment services plan and ten percent in a dislocation event 129.17 services grant; 129.18 (2) a minimum of 50 percent for provision of training 129.19 assistance; 129.20 (3)no more than ten percent statewide may be allocated129.21annuallya maximum of 30 percent for support services, as 129.22 defined in section 268.975, subdivision 13; and 129.23 (4) the balance used for provision of basic readjustment 129.24 assistance. 129.25 (b) A waiver of the cost limitation on providing training 129.26 assistance may be requested. The waiver may not permit less 129.27 than 30 percent of the funds be spent on training assistance. 129.28 (c) The commissioner shall prescribe the form and manner 129.29 for submission of an application for a waiver under paragraph 129.30 (b). Criteria for granting a waiver shall be established by the 129.31 commissioner in consultation with the workforce development 129.32 council. 129.33 Sec. 14. Minnesota Statutes 1999 Supplement, section 129.34 326.105, is amended to read: 129.35 326.105 [FEES.] 129.36 The fee for licensure or renewal of licensure as an 130.1 architect, professional engineer, land surveyor, landscape 130.2 architect, or geoscience professional is$104$120 per biennium. 130.3 The fee for certification as a certified interior designer or 130.4 for renewal of the certificate is$104$120 per biennium. The 130.5 fee for an architect applying for original certification as a 130.6 certified interior designer is $50 per biennium. The initial 130.7 license or certification fee for all professions is$104$120. 130.8 The renewal fee shall be paid biennially on or before June 30 of 130.9 each even-numbered year. The renewal fee, when paid by mail, is 130.10 not timely paid unless it is postmarked on or before June 30 of 130.11 each even-numbered year. The application fee is $25 for 130.12 in-training applicants and $75 for professional license 130.13 applicants. 130.14 The fee for monitoring licensing examinations for 130.15 applicants is $25, payable by the applicant. 130.16 Sec. 15. [326.2441] [INSPECTION FEE SCHEDULE.] 130.17 Subdivision 1. [SCHEDULE.] State electrical inspection 130.18 fees shall be paid according to subdivisions 2 to 13. 130.19 Subd. 2. [FEE FOR EACH SEPARATE INSPECTION.] The minimum 130.20 fee for each separate inspection of an installation, 130.21 replacement, alteration, or repair is $20. 130.22 Subd. 3. [FEE FOR SERVICES, GENERATORS, OTHER POWER SUPPLY 130.23 SOURCES, OR FEEDERS TO SEPARATE STRUCTURES.] The inspection fee 130.24 for the installation, addition, alteration, or repair of each 130.25 service, change of service, temporary service, generator, other 130.26 power supply source, or feeder to a separate structure is: 130.27 (1) 0 ampere to and including 400 ampere capacity, $25; 130.28 (2) 401 ampere to and including 800 ampere capacity, $50; 130.29 and 130.30 (3) ampere capacity above 800, $75. 130.31 Where multiple disconnects are grouped at a single location 130.32 and are supplied by a single set of supply conductors the 130.33 cumulative rating of the overcurrent devices shall be used to 130.34 determine the supply ampere capacity. 130.35 Subd. 4. [FEE FOR CIRCUITS, FEEDERS, FEEDER TAPS, OR SETS 130.36 OF TRANSFORMER SECONDARY CONDUCTORS.] The inspection fee for the 131.1 installation, addition, alteration, or repair of each circuit, 131.2 feeder, feeder tap, or set of transformer secondary conductors, 131.3 including the equipment served, is: 131.4 (1) 0 ampere to and including 200 ampere capacity, $5; and 131.5 (2) ampere capacity above 200, $10. 131.6 Subd. 5. [LIMITATIONS TO FEES OF SUBDIVISIONS 3 AND 131.7 4.] (a) The fee for a one-family dwelling and each dwelling unit 131.8 of a two-family dwelling with a supply of up to 500 amperes 131.9 where a combination of ten or more sources of supply, feeders, 131.10 or circuits are installed, added, altered, repaired, or extended 131.11 is $80. This fee applies to each separate installation for new 131.12 dwellings and additions, alterations, or repairs to existing 131.13 dwellings and includes not more than two inspections. The fee 131.14 for additional inspections or other installations is that 131.15 specified in subdivisions 2 to 4. The installer may submit fees 131.16 for additional inspections when filing the request for 131.17 electrical inspection. 131.18 (b) The fee for each dwelling unit of a multifamily 131.19 dwelling with three to 12 dwelling units is $50 and the fee for 131.20 each additional dwelling unit is $25. These fees include only 131.21 inspection of the wiring within individual dwelling units and 131.22 the final feeder to that unit. This limitation is subject to 131.23 the following conditions: 131.24 (1) the multifamily dwelling is provided with common 131.25 service equipment and each dwelling unit is supplied by a 131.26 separate feeder. The fee for multifamily dwelling services or 131.27 other power source supplies and all other circuits is that 131.28 specified in subdivisions 2 to 4; and 131.29 (2) this limitation applies only to new installations for 131.30 multifamily dwellings where the majority of the individual 131.31 dwelling units are available for inspection during each 131.32 inspection trip. 131.33 (c) A separate request for electrical inspection form must 131.34 be filed for each dwelling unit that is supplied with an 131.35 individual set of service entrance conductors. These fees are 131.36 the one-family dwelling rate specified in paragraph (a). 132.1 Subd. 6. [ADDITIONS TO FEES OF SUBDIVISIONS 3 TO 5.] (a) 132.2 The fee for the electrical supply for each manufactured home 132.3 park lot is $25. This fee includes the service or feeder 132.4 conductors up to and including the service equipment or 132.5 disconnecting means. The fee for feeders and circuits that 132.6 extend from the service or disconnecting means is that specified 132.7 in subdivision 4. 132.8 (b) The fee for each recreational vehicle site electrical 132.9 supply equipment is $5. The fee for recreational vehicle park 132.10 services, feeders, and circuits is that specified in 132.11 subdivisions 3 and 4. 132.12 (c) The fee for each street, parking lot, or outdoor area 132.13 lighting standard is $1, and the fee for each traffic signal 132.14 standard is $5. Circuits originating within the standard or 132.15 traffic signal controller shall not be used when computing the 132.16 fee. 132.17 (d) The fee for transformers for light, heat, and power is 132.18 $10 for transformers rated up to ten kilovolt-amperes and $20 132.19 for transformers rated in excess of ten kilovolt-amperes. 132.20 (e) The fee for transformers and electronic power supplies 132.21 for electric signs and outline lighting is $5 per unit. 132.22 (f) The fee for alarm, communication, remote control, and 132.23 signaling circuits or systems, and circuits of less than 50 132.24 volts, is 50 cents for each system device or apparatus. 132.25 (g) The fee for each separate inspection of the bonding for 132.26 a swimming pool, spa, fountain, an equipotential plane for an 132.27 agricultural confinement area, or similar installation shall be 132.28 $20. Bonding conductors and connections require an inspection 132.29 before being concealed. 132.30 (h) The fee for all wiring installed on center pivot 132.31 irrigation booms is $40. 132.32 (i) The fee for retrofit modifications to existing lighting 132.33 fixtures is 25 cents per lighting fixture. 132.34 Subd. 7. [INVESTIGATION FEES: WORK WITHOUT A REQUEST FOR 132.35 ELECTRICAL INSPECTION.] (a) Whenever any work for which a 132.36 request for electrical inspection is required by the board has 133.1 begun without the request for electrical inspection form being 133.2 filed with the board, a special investigation shall be made 133.3 before a request for electrical inspection form is accepted by 133.4 the board. 133.5 (b) An investigation fee, in addition to the full fee 133.6 required by subdivisions 1 to 6, shall be paid before an 133.7 inspection is made. The investigation fee is two times the 133.8 hourly rate specified in subdivision 10 or the inspection fee 133.9 required by subdivisions 1 to 6, whichever is greater, not to 133.10 exceed $1,000. The payment of the investigation fee does not 133.11 exempt any person from compliance with all other provisions of 133.12 the board rules or statutes nor from any penalty prescribed by 133.13 law. 133.14 Subd. 8. [REINSPECTION FEE.] When reinspection is 133.15 necessary to determine whether unsafe conditions have been 133.16 corrected and the conditions are not the subject of an appeal 133.17 pending before the board or any court, a reinspection fee of $20 133.18 may be assessed in writing by the inspector. 133.19 Subd. 9. [SUPPLEMENTAL FEE.] When inspections scheduled by 133.20 the installer are preempted, obstructed, prevented, or otherwise 133.21 not able to be completed as scheduled due to circumstances 133.22 beyond the control of the inspector, a supplemental inspection 133.23 fee of $20 may be assessed in writing by the inspector. 133.24 Subd. 10. [SPECIAL INSPECTION.] For inspections not 133.25 covered in this section, or for requested special inspections or 133.26 services, the fee shall be $30 per hour, including travel time, 133.27 plus 31 cents per mile traveled, plus the reasonable cost of 133.28 equipment or material consumed. This provision is applicable to 133.29 inspection of empty conduits and other jobs as may be determined 133.30 by the board. This fee may also be assessed when installations 133.31 are not accessible by roadway and require alternate forms of 133.32 transportation. 133.33 Subd. 11. [INSPECTION OF TRANSITORY PROJECTS.] (a) For 133.34 inspection of transitory projects including, but not limited to, 133.35 festivals, fairs, carnivals, circuses, shows, production sites, 133.36 and portable road construction plants, the inspection procedures 134.1 and fees are as specified in paragraphs (b) to (i). 134.2 (b) The fee for inspection of each generator or other 134.3 source of supply is that specified in subdivision 3. A like fee 134.4 is required at each engagement or setup. 134.5 (c) In addition to the fee for generators or other sources 134.6 of supply, there must be an inspection of all installed feeders, 134.7 circuits, and equipment at each engagement or setup at the 134.8 hourly rate specified in subdivision 10, with a two-hour minimum. 134.9 (d) An owner, operator, or appointed representative of a 134.10 transitory enterprise including, but not limited to, festivals, 134.11 fairs, carnivals, circuses, production companies, shows, 134.12 portable road construction plants, and similar enterprises shall 134.13 notify the board of its itinerary or schedule and make 134.14 application for initial inspection a minimum of 14 days before 134.15 its first engagement or setup. An owner, operator, or appointed 134.16 representative of a transitory enterprise who fails to notify 134.17 the board 14 days before its first engagement or setup may be 134.18 subject to the investigation fees specified in subdivision 7. 134.19 The owner, operator, or appointed representative shall request 134.20 inspection and pay the inspection fee for each subsequent 134.21 engagement or setup at the time of the initial inspection. For 134.22 subsequent engagements or setups not listed on the itinerary or 134.23 schedule submitted to the board and where the board is not 134.24 notified at least 48 hours in advance, a charge of $100 may be 134.25 made in addition to all required fees. 134.26 (e) Amusement rides, devices, concessions, attractions, or 134.27 other units must be inspected at their first appearance of the 134.28 year. The inspection fee is $20 per unit with a supply of up to 134.29 60 amperes and $30 per unit with a supply above 60 amperes. 134.30 (f) An additional fee at the hourly rate specified in 134.31 subdivision 10 must be charged for additional time spent by each 134.32 inspector if equipment is not ready or available for inspection 134.33 at the time and date specified on the application for initial 134.34 inspection or the request for electrical inspection form. 134.35 (g) In addition to the fees specified in paragraphs (a) and 134.36 (b), a fee of two hours at the hourly rate specified in 135.1 subdivision 10 must be charged for inspections required to be 135.2 performed on Saturdays, Sundays, holidays, or after regular 135.3 business hours. 135.4 (h) The fee for reinspection of corrections or supplemental 135.5 inspections where an additional trip is necessary may be 135.6 assessed as specified in subdivision 8. 135.7 (i) The board may retain the inspection fee when an owner, 135.8 operator, or appointed representative of a transitory enterprise 135.9 fails to notify the board at least 48 hours in advance of a 135.10 scheduled inspection that is canceled. 135.11 Subd. 12. [HANDLING FEE.] The handling fee to pay the cost 135.12 of printing and handling of the form requesting an inspection is 135.13 $1. 135.14 Subd. 13. [NATIONAL ELECTRICAL CODE USED FOR 135.15 INTERPRETATION OF PROVISIONS.] For purposes of interpretation of 135.16 this section and Minnesota Rules, chapter 3800, the most 135.17 recently adopted edition of the National Electrical Code shall 135.18 be prima facie evidence of the definitions, interpretations, and 135.19 scope of words and terms used. 135.20 Sec. 16. [462A.34] [NURSING HOME FACILITY CONVERSION LOAN 135.21 AND GRANT PROGRAM.] 135.22 Subdivision 1. [CREATION.] The nursing home facility 135.23 conversion loan program is created to be administered by the 135.24 commissioner. The nursing home facility conversion revolving 135.25 loan fund account is created in the housing development fund. 135.26 The commissioner may make loans to nursing home facilities from 135.27 the nursing home facility conversion revolving loan fund account 135.28 for capital and other costs including, but not limited to, 135.29 start-up and training costs, related to the conversion of a 135.30 nursing home facility to an assisted-living facility or other 135.31 living alternatives to nursing home facility care. The 135.32 commissioner must seek the advisory recommendation of the 135.33 interagency committee created by section 144A.31 before making a 135.34 loan under this section. 135.35 A loan may not be used to expand a current building except: 135.36 (1) for additional space required to accommodate related 136.1 supportive services, such as dining rooms, kitchen and 136.2 recreation areas, or other community use areas; or 136.3 (2) if new construction of assisted living units, which 136.4 would expand parameters of the existing building, is more cost 136.5 effective than the conversion of existing space. 136.6 A facility seeking expansion must agree that a specified number 136.7 of existing nursing facility beds will not continue to be 136.8 licensed. 136.9 The commissioner shall establish an application process for 136.10 loans which may utilize other application processes administered 136.11 by the commissioner. Denial of approval of an application in 136.12 one year does not preclude submission of an application in a 136.13 subsequent year. 136.14 Subd. 2. [ELIGIBILITY.] A nursing home facility that is 136.15 currently enrolled as a nursing home facility provider with the 136.16 Medicaid program is eligible to apply for a nursing home 136.17 facility conversion loan. 136.18 Subd. 3. [LOAN PREFERENCE.] Loan applications must be 136.19 considered in the following descending order of priority: 136.20 (1) nursing home facility conversion of all beds; 136.21 (2) nursing home facility partial conversion of beds; and 136.22 (3) nursing home facility for conversion to other 136.23 alternatives to nursing home facility care. 136.24 Subd. 4. [LOAN TERMS.] Loans may be made at market rates 136.25 or below market rates for a term of up to 15 years. Loans shall 136.26 be fully amortized and repayments must be made monthly over the 136.27 term of the loan. Loans shall be secured or unsecured. All 136.28 loan repayments, including interest, must be deposited in the 136.29 nursing home facility conversion revolving loan fund account and 136.30 are appropriated to the commissioner for the purposes of this 136.31 section. 136.32 Subd. 5. [GRANTS.] The commissioner may use money in the 136.33 revolving fund to make grants of up to $100,000 to a facility to 136.34 plan for a project that would be eligible for a loan under this 136.35 section. No more than five grants may be made in a calendar 136.36 year. 137.1 Subd. 6. [MEDICAL ASSISTANCE COSTS.] In approving loans, 137.2 the commissioner shall ensure that conversion projects do not 137.3 increase medical assistance costs for nursing facility 137.4 reimbursement. 137.5 Sec. 17. [INSTRUCTION TO REVISOR.] 137.6 The revisor shall change references in Minnesota Rules from 137.7 Minnesota Rules, part 3800.3810, to Minnesota Statutes, section 137.8 326.2441. 137.9 Sec. 18. [REPEALER.] 137.10 Minnesota Rules, part 3800.3810, is repealed. 137.11 Sec. 19. [EFFECTIVE DATE.] 137.12 Section 9 is effective the day following final enactment. 137.13 Section 12 is effective the day following final enactment 137.14 and is retroactive to August 1, 1999. 137.15 ARTICLE 8 137.16 CRIMINAL JUSTICE PROVISIONS 137.17 Section 1. [CRIMINAL JUSTICE APPROPRIATIONS.] 137.18 The sums shown in the columns headed "APPROPRIATIONS" are 137.19 appropriated from the general fund, or another fund named, to 137.20 the agencies and for the purposes specified in this article to 137.21 be available for the fiscal years indicated for each purpose. 137.22 The figures "2000" and "2001," where used in this article, mean 137.23 that the appropriation or appropriations listed under them are 137.24 available for the year ending June 30, 2000, or June 30, 2001, 137.25 respectively. 137.26 SUMMARY BY FUND 137.27 2000 2001 137.28 General Fund Total $ 4,213,000 12,280,000 137.29 TOTAL $ 4,213,000 12,280,000 137.30 APPROPRIATIONS 137.31 Available for the Year 137.32 Ending June 30 137.33 2000 2001 137.34 Sec. 2. SUPREME COURT -0- 104,000 137.35 $100,000 is for civil legal services to 137.36 low-income clients. A portion of this 137.37 appropriation is to print and 137.38 distribute educational materials for 137.39 contract for deed vendors and vendees, 137.40 informing them in plain English of the 138.1 requirements of state law affecting 138.2 contracts for deed. These materials 138.3 must accurately describe state law and 138.4 be prepared with input from a variety 138.5 of interest groups, including real 138.6 estate attorneys, attorneys who 138.7 represent low-income individuals, 138.8 realtors, and housing organizations. 138.9 $4,000 is a one-time appropriation to 138.10 conduct a one-half day judicial seminar 138.11 on parenting plans. 138.12 Sec. 3. COURT OF APPEALS -0- 200,000 138.13 $200,000 is to restore legal/judicial 138.14 support services. 138.15 Sec. 4. DISTRICT COURT -0- 2,963,000 138.16 $2,754,000 is to reduce judge unit 138.17 vacancies and restore judicial branch 138.18 infrastructure funding. 138.19 $130,000 is to continue the community 138.20 court in the second judicial district. 138.21 $79,000 is a one-time appropriation for 138.22 extraordinary prosecution costs in 138.23 Carlton county. 138.24 Sec. 5. CORRECTIONS -0- 3,000,000 138.25 $2,000,000 is a one-time appropriation 138.26 to make the local adult detention and 138.27 criminal justice system facility grants 138.28 described in section 55. 138.29 $455,000 is a one-time appropriation 138.30 for predesign of changes to accommodate 138.31 an 800 bed expansion at MCF-Faribault. 138.32 The commissioner shall hold public 138.33 hearings in the Faribault area to 138.34 determine the degree of local support 138.35 for the bed expansion and may use this 138.36 appropriation only if satisfied that 138.37 there is a sufficient level of local 138.38 support. 138.39 $500,000 is a one-time appropriation 138.40 for predesign of a joint headquarters 138.41 building for the department of 138.42 corrections and the department of 138.43 public safety. 138.44 $45,000 is a one-time appropriation for 138.45 predesign of a vocational building at 138.46 MCF-St. Cloud. 138.47 Sec. 6. PUBLIC SAFETY 138.48 Subdivision 1. Total 138.49 Appropriation 3,813,000 1,133,000 138.50 The amounts that may be spent from this 138.51 appropriation for each program are 138.52 specified in the following subdivisions. 138.53 $280,000 is for costs associated with 138.54 the organization of the capitol police 139.1 department, including the salaries and 139.2 benefits for its director and three 139.3 full-time licensed peace officers, and 139.4 training for its employees. 139.5 Subd. 2. Driver and Vehicle 139.6 Services 139.7 -0- 20,000 139.8 $20,000 is for costs related to the 139.9 recodification of the driving while 139.10 impaired laws, if S.F. No. 2677/H.F. 139.11 No. 2995 is enacted. 139.12 Subd. 3. Emergency Management 139.13 3,813,000 -0- 139.14 $3,813,000 is for the state match of 139.15 federal disaster assistance money under 139.16 Minnesota Statutes, section 12.221. 139.17 This appropriation is available to fund 139.18 state obligations incurred through the 139.19 receipt of federal disaster assistance 139.20 grants and is added to the 139.21 appropriation in Laws 1999, chapter 139.22 216, article 1, section 7, subdivision 139.23 2. 139.24 Subd. 4. Criminal Apprehension 139.25 -0- 225,000 139.26 $200,000 is a one-time appropriation 139.27 for overtime costs. 139.28 $25,000 is a one-time appropriation to 139.29 develop and conduct the court security 139.30 training program described in section 139.31 49. 139.32 Subd. 5. Law Enforcement and 139.33 Community Grants 139.34 -0- 480,000 139.35 $300,000 is a one-time appropriation 139.36 for juvenile prostitution law 139.37 enforcement and officer training grants 139.38 under Minnesota Statutes, section 139.39 299A.71. 139.40 $150,000 is a one-time appropriation 139.41 for a grant to the Ramsey county 139.42 attorney's office to establish and fund 139.43 the joint domestic abuse prosecution 139.44 unit described in section 56. 139.45 $30,000 is a one-time appropriation for 139.46 grants under Minnesota Statutes, 139.47 section 299A.62, to local law 139.48 enforcement agencies or regional jails 139.49 for the purchase of dogs trained to 139.50 detect or locate controlled substances 139.51 by scent. Grants are limited to one 139.52 dog per agency. Local law enforcement 139.53 agencies that previously received a 139.54 grant under Laws 1999, chapter 216, 139.55 article 1, section 7, subdivision 6, 139.56 are ineligible for a grant. 140.1 Subd. 6. Drug Policy and 140.2 Violence Prevention 140.3 -0- 128,000 140.4 $128,000 is for distribution as 140.5 matching funds to counties 140.6 participating in multijurisdictional 140.7 narcotics task forces that receive 140.8 federal Byrne grant funds. These 140.9 matching funds are available statewide 140.10 to any county currently participating 140.11 in a task force, any county seeking to 140.12 join an existing task force, and any 140.13 county starting its own task force. 140.14 These matching funds may be used to 140.15 enhance enforcement of drug laws by 140.16 training and educating law enforcement 140.17 personnel and other interested members 140.18 of the community. 140.19 Sec. 7. CENTER FOR 140.20 CRIME VICTIM SERVICES 400,000 3,040,000 140.21 $400,000 the first year is for per diem 140.22 payments for battered women shelter 140.23 facilities incurred during the 140.24 administrative transfer of 140.25 responsibility for these payments from 140.26 the department of human services to the 140.27 department of public safety. This 140.28 appropriation is available until 140.29 expended. 140.30 $3,000,000 the second year is to 140.31 increase allocations for designated 140.32 battered women shelter facilities. 140.33 $40,000 is a one-time appropriation for 140.34 a grant to the center for applied 140.35 research and policy analysis at 140.36 Metropolitan state university for the 140.37 domestic violence shelter study 140.38 described in section 51. 140.39 Sec. 8. BOARD OF PUBLIC 140.40 DEFENSE -0- 500,000 140.41 $500,000 is for costs related to 140.42 obtaining services under Minnesota 140.43 Statutes, section 611.27, subdivision 140.44 16. 140.45 Sec. 9. SENTENCING 140.46 GUIDELINES COMMISSION -0- 20,000 140.47 $20,000 is for salary increases. 140.48 Sec. 10. MINNESOTA SAFETY 140.49 COUNCIL -0- 300,000 140.50 $300,000 is a one-time appropriation to 140.51 continue the crosswalk safety awareness 140.52 program described in section 50. 140.53 Sec. 11. HUMAN SERVICES -0- 1,000,000 140.54 $1,000,000 is for youth shelter and 140.55 prostitution prevention grants under 140.56 Minnesota Statutes, section 260B.551. 141.1 Sec. 12. UNIVERSITY OF -0- 20,000 141.2 MINNESOTA 141.3 $20,000 is a one-time appropriation to 141.4 cover the cost of updating the parent 141.5 education curriculum. 141.6 Sec. 13. Minnesota Statutes 1998, section 169.21, 141.7 subdivision 2, is amended to read: 141.8 Subd. 2. [RIGHTS IN ABSENCE OF SIGNAL.] (a) Where 141.9 traffic-control signals are not in place or in operation, the 141.10 driver of a vehicle shall stop to yield the right-of-way to a 141.11 pedestrian crossing the roadway within a marked crosswalk or 141.12within any crosswalkat an intersectionbutwith no marked 141.13 crosswalk. The driver must remain stopped until the pedestrian 141.14 has passed the lane in which the vehicle is stopped. No 141.15 pedestrian shall suddenly leave a curb or other place of safety 141.16 and walk or run into the path of a vehicle which is so close 141.17 that it is impossible for the driver to yield. This provision 141.18 shall not apply under the conditions as otherwise provided in 141.19 this subdivision. 141.20 (b) When any vehicle is stopped at a marked crosswalk or at 141.21any unmarked crosswalk atan intersection with no marked 141.22 crosswalk to permit a pedestrian to cross the roadway, the 141.23 driver of any other vehicle approaching from the rear shall not 141.24 overtake and pass the stopped vehicle. 141.25 (c) It is unlawful for any person to drive a motor vehicle 141.26 through a column of school children crossing a street or highway 141.27 or past a member of a school safety patrol or adult crossing 141.28 guard, while the member of the school safety patrol or adult 141.29 crossing guard is directing the movement of children across a 141.30 street or highway and while the school safety patrol member or 141.31 adult crossing guard is holding an official signal in the stop 141.32 position. A peace officer may arrest the driver of a motor 141.33 vehicle if the peace officer has probable cause to believe that 141.34 the driver has operated the vehicle in violation of this 141.35 paragraph within the past four hours. 141.36 (d) A person who violates this subdivision is guilty of a 141.37 misdemeanor and may be sentenced to imprisonment for not more 142.1 than 90 days or to payment of a fine of not more than $700, or 142.2 both. A person who violates this subdivision a second or 142.3 subsequent time within one year of a previous conviction under 142.4 this subdivision is guilty of a gross misdemeanor and may be 142.5 sentenced to imprisonment for not more than one year or to 142.6 payment of a fine of not more than $3,000, or both. 142.7 Sec. 14. Minnesota Statutes 1998, section 169.21, 142.8 subdivision 3, is amended to read: 142.9 Subd. 3. [CROSSING BETWEEN INTERSECTIONS.] Every 142.10 pedestrian crossing a roadway at any point other than within a 142.11 marked crosswalk orwithin an unmarked crosswalkat an 142.12 intersection with no marked crosswalk shall yield the 142.13 right-of-way to all vehicles upon the roadway. 142.14 Any pedestrian crossing a roadway at a point where a 142.15 pedestrian tunnel or overhead pedestrian crossing has been 142.16 provided shall yield the right-of-way to all vehicles upon the 142.17 roadway. 142.18 Between adjacent intersections at which traffic-control 142.19 signals are in operation pedestrians shall not cross at any 142.20 place except in a marked crosswalk. 142.21 Notwithstanding the other provisions of this section every 142.22 driver of a vehicle shall: (a) exercise due care to avoid 142.23 colliding with any bicycle or pedestrian upon any roadway and 142.24 (b) give an audible signal when necessary and exercise proper 142.25 precaution upon observing any child or any obviously confused or 142.26 incapacitated person upon a roadway. 142.27 Sec. 15. [169.2151] [PEDESTRIAN SAFETY CROSSINGS.] 142.28 A local road authority may provide by ordinance for the 142.29 designation of pedestrian safety crossings on highways under the 142.30 road authority's jurisdiction where pedestrian safety 142.31 considerations require extra time for pedestrian crossing in 142.32 addition to the time recommended under the Minnesota manual of 142.33 uniform traffic control devices for pedestrian signals. The 142.34 ordinance may provide for timing of pedestrian signals for such 142.35 crossings, consistent with the recommendations of the uniform 142.36 manual for pedestrian signal timing at senior citizen and 143.1 handicapped pedestrian crossings. Cities other than cities of 143.2 the first class may designate a pedestrian safety crossing only 143.3 with the approval of the road authority having jurisdiction over 143.4 the crossing. The authority of local road authorities to 143.5 determine pedestrian signal timing under this section is in 143.6 addition to any other control exercised by local road 143.7 authorities over the timing of pedestrian signals. 143.8 Sec. 16. [241.018] [PER DIEM CALCULATION.] 143.9 (a) The commissioner of corrections shall develop a uniform 143.10 method to calculate the average department wide per diem cost of 143.11 incarcerating offenders at state correctional facilities. In 143.12 addition to other costs currently factored into the per diem, it 143.13 must include an appropriate percentage of capitol costs for all 143.14 correctional facilities and 65 percent of the department's 143.15 management services budget. 143.16 (b) The commissioner also shall use this method of 143.17 calculating per diem costs for offenders in each state 143.18 correctional facility. When calculating the per diem cost of 143.19 incarcerating offenders at a particular facility, the 143.20 commissioner shall include an appropriate percentage of capital 143.21 costs for the facility and an appropriate prorated amount, given 143.22 the facility's population, of 65 percent of the department's 143.23 management services budget. 143.24 (c) The commissioner shall ensure that the new per diem 143.25 method is used in all future instances in which the department's 143.26 or any facility's per diem charge is reported. 143.27 (d) The commissioner shall report information related to 143.28 these per diems to the chairs and ranking minority members of 143.29 the senate and house committees and divisions having 143.30 jurisdiction over criminal justice funding by January 15, 2001. 143.31 Sec. 17. Minnesota Statutes 1999 Supplement, section 143.32 241.272, subdivision 6, is amended to read: 143.33 Subd. 6. [USE OF FEES.] Excluding correctional fees 143.34 collected from offenders supervised by department agents under 143.35 the authority of section 244.19, subdivision 1, paragraph (a), 143.36 clause (3), all correctional fees collected under this section 144.1 go to the general fund. Fees collected by agents under the 144.2 authority of section 244.19, subdivision 1, paragraph (a), 144.3 clause (3), shall go to the county treasurer in the county where 144.4 supervision is provided. These fees shall be used according to 144.5 section 244.18, subdivision 6. 144.6 Sec. 18. [LEGISLATIVE INTENT.] 144.7 It is the intent of the legislature that this article 144.8 encourage courts to place juvenile offenders at the Minnesota 144.9 correctional facility-Red Wing who would otherwise be placed in 144.10 out-of-state facilities. Except as provided in section 25, it 144.11 is not the legislature's intent to discourage the placement of 144.12 juvenile offenders at nonstate-operated facilities within 144.13 Minnesota. 144.14 Sec. 19. Minnesota Statutes 1999 Supplement, section 144.15 242.192, is amended to read: 144.16 242.192 [CHARGES TO COUNTIES.] 144.17 (a) The commissioner shall charge counties or other 144.18 appropriate jurisdictionsforone-half theactualper diem cost 144.19 of confinement, excluding educational costs and non-billable 144.20 service, of juveniles at the Minnesota correctional facility-Red 144.21 Wing and of juvenile females committed to the commissioner of 144.22 corrections. This charge applies to juveniles committed to the 144.23 commissioner of corrections and juveniles admitted to the 144.24 Minnesota correctional facility-Red Wing under established 144.25 admissions criteria. This charge applies to both counties that 144.26 participate in the Community Corrections Act and those that do 144.27 not. The commissioner shallannuallydeterminecosts, making144.28necessary adjustments to reflect the actual costs of confinement144.29 the per diem cost of confinement based on projected population, 144.30 pricing incentives, market conditions, and the requirement that 144.31 expense and revenue balance out over a period of two years. All 144.32 money received under this section must be deposited in the state 144.33 treasury and credited to the general fund. 144.34 (b) The department of corrections shall be responsible for 144.35 the other half of the per diem cost of confinement described in 144.36 this section. 145.1 Sec. 20. [242.193] [JUVENILE RESIDENTIAL TREATMENT 145.2 GRANTS.] 145.3 Subdivision 1. [GRANTS.] Within the limits of available 145.4 appropriations, the commissioner of corrections shall make 145.5 juvenile residential treatment grants to counties to defray the 145.6 cost of juvenile residential treatment. The commissioner shall 145.7 distribute 80 percent of the money appropriated for these 145.8 purposes to noncommunity corrections act counties and 20 percent 145.9 to community corrections act counties. The commissioner shall 145.10 distribute the money according the the formula contained in 145.11 section 401.10. 145.12 Subd. 2. [REPORT.] By January 15 of each year, each county 145.13 that received a grant shall submit a report to the commissioner 145.14 describing the purposes for which the grants were used. By 145.15 March 15 of each year, the commissioner shall summarize this 145.16 information and report it to the chairs and ranking minority 145.17 members of the senate and house committees and divisions having 145.18 jurisdiction over criminal justice funding. 145.19 Sec. 21. Minnesota Statutes 1998, section 242.41, is 145.20 amended to read: 145.21 242.41 [THE MINNESOTA CORRECTIONAL FACILITY-RED WING.] 145.22 There is established the Minnesota correctional 145.23 facility-Red Wing at Red Wing, Minnesota, in which may be placed 145.24 persons committed to the commissioner of corrections by the 145.25 courts of this statewho, in the opinion of the commissioner,145.26may benefit from the programs available thereator admitted 145.27 consistent with established admissions criteria. When reviewing 145.28 placement requests from counties, the commissioner shall take 145.29 into consideration the purpose of the Minnesota correctional 145.30 facility-Red Wing which is to educate and provide treatment for 145.31 serious and chronic juvenile offenders for which the county has 145.32 exhausted local resources. The general control and management 145.33 of the facility shall be under the commissioner of corrections. 145.34 Sec. 22. Minnesota Statutes 1998, section 242.43, is 145.35 amended to read: 145.36 242.43 [COMMISSIONER, DUTIES.] 146.1 The commissioner of corrections shall receive, clothe, 146.2 maintain, and instruct, at the expense of the state,all 146.3 children duly committed to the corrections department and placed 146.4 in a state correctional facility for juveniles and keep them in 146.5 custody until placed on probation, paroled, or discharged. The 146.6 commissioner may place any of these children in suitable foster 146.7 care facilities or cause them to be instructed in such trades or 146.8 employment as in the commissioner's judgment will be most 146.9 conducive to their reformation and tend to the future benefit 146.10 and advantage of these children. The commissioner may discharge 146.11 any child so committed, or may recall to the facility at any 146.12 time any child paroled, placed on probation, or transferred; 146.13 and, upon recall, may resume the care and control thereof. The 146.14 discharge of a child by the commissioner shall be a complete 146.15 release from all penalties and disabilities created by reason of 146.16 the commitment. 146.17 Upon the parole or discharge of any inmate of any state 146.18 juvenile correctional facility, the commissioner of corrections 146.19 may pay to each inmate released an amount of money not exceeding 146.20 the sum of $10. All payments shall be made from the current 146.21 expense fund of the facility. 146.22 Sec. 23. Minnesota Statutes 1998, section 242.44, is 146.23 amended to read: 146.24 242.44 [PUPILS.] 146.25 The commissioner of corrections, so far as the 146.26 accommodations of the correctional facilities and other means at 146.27 the commissioner's disposal will permit,shallmay receiveand146.28keep until they reach 19 years of age, or until placed in homes,146.29or discharged, all persons committed to the commissioner's care146.30and custody by a juvenile courtjuvenile delinquents and 146.31 juvenile offenders serving a juvenile disposition under section 146.32 260B.130, subdivision 4. The commissioner's housing of these 146.33 individuals must be consistent with federal and state law, 146.34 including established admissions criteria for Minnesota 146.35 correctional facility-Red Wing. The commissioner may place 146.36 these youths at employment, may provide education suitable to 147.1 their years and capacity, and may place them in suitable homes. 147.2 Under rules prescribed by the commissioner, when deemed best for 147.3 these youths,theypersons committed to the commissioner's care 147.4 and custody by a juvenile court may be paroled or discharged 147.5 from the facility by the commissioner. All pupils in the 147.6 facility shall be clothed, instructed, and maintainedat the147.7expense of the stateby the commissioner of corrections. 147.8 Sec. 24. [260B.199] [PLACEMENT OF JUVENILE OFFENDERS AT 147.9 MCF-RED WING.] 147.10 Subdivision 1. [WHEN COURT MUST CONSIDER; PROHIBITION ON 147.11 PLACEMENT AT OUT-OF-STATE FACILITY.] Before a court orders a 147.12 disposition under section 260B.198 or 260B.130, subdivision 4, 147.13 for a child, the court shall determine whether the child meets 147.14 the established admissions criteria for the Minnesota 147.15 correctional facility-Red Wing. If the child meets the 147.16 admissions criteria, the court shall consider placing the child 147.17 at the facility and may not place the child in an out-of-state 147.18 facility, unless the court makes a finding on the record that 147.19 the needs of the child cannot be met at the Minnesota 147.20 correctional facility-Red Wing or that the out-of-state facility 147.21 is located closer to the child's home. 147.22 Subd. 2. [REPORT REQUIRED.] (a) A court that places a 147.23 child in an out-of-state facility shall report the following 147.24 information to the sentencing guidelines commission: 147.25 (1) the out-of-state facility the child was placed at and 147.26 the reasons for this placement; 147.27 (2) the in-state facilities at which placement was 147.28 considered; 147.29 (3) the reasons for not choosing an in-state facility; 147.30 (4) the reasons why the child did not meet the established 147.31 admissions criteria for the Minnesota correctional facility-Red 147.32 Wing, if applicable; and 147.33 (5) if the child met the admissions criteria, the reasons 147.34 why the needs of the child could not be met at the Minnesota 147.35 correctional facility-Red Wing or specific information on the 147.36 distance to the out-of-state facility from the offender's home 148.1 compared to that of the Minnesota correctional facility-Red Wing. 148.2 (b) By February 15 of each year, the commission shall 148.3 forward a summary of the reports received from courts under this 148.4 subdivision for the preceding year to the chairs and ranking 148.5 minority members of the senate and house committees and 148.6 divisions having jurisdiction over criminal justice policy and 148.7 funding. 148.8 Sec. 25. [260B.1991] [MANDATORY COMMITMENT TO COMMISSIONER 148.9 OF CORRECTIONS.] 148.10 Subdivision 1. [DEFINITIONS.] (a) As used in this section, 148.11 the following terms have the meanings given them. 148.12 (b) "Chemical dependency treatment" means a comprehensive 148.13 set of planned and organized services, therapeutic experiences, 148.14 and interventions that are intended to improve the prognosis, 148.15 function, or outcome of residents by reducing the risk of the 148.16 use of alcohol, drugs, or other mind-altering substances and 148.17 assist the resident to adjust to, and deal more effectively 148.18 with, life situations. 148.19 (c) An offender has "failed or refused to successfully 148.20 complete" treatment when based on factors within the offender's 148.21 control, the offender is not able to substantially achieve the 148.22 program's goals and the program's director determines that based 148.23 on the offender's prior placement or treatment history, further 148.24 participation in the program would not result in its successful 148.25 completion. 148.26 (d) "Probation" has the meaning given in section 609.02, 148.27 subdivision 15. 148.28 (e) "Sex offender treatment" means a comprehensive set of 148.29 planned and organized services, therapeutic experiences, and 148.30 interventions that are intended to improve the prognosis, 148.31 function, or outcome of residents by reducing the risk of sexual 148.32 reoffense and other aggressive behavior and assist the resident 148.33 to adjust to, and deal more effectively with, life situations. 148.34 Subd. 2. [WHEN COMMITMENT REQUIRED.] (a) A court having 148.35 jurisdiction over a child shall commit the child to the custody 148.36 of the commissioner of corrections if the child: 149.1 (1) was previously adjudicated delinquent or convicted as 149.2 an extended jurisdiction juvenile for an offense for which 149.3 registration under section 243.166 was required; 149.4 (2) was placed on probation for the offense and ordered to 149.5 complete a sex offender or chemical dependency treatment 149.6 program; and 149.7 (3) subsequently failed or refused to successfully complete 149.8 the program. 149.9 (b) If the child was initially convicted as an extended 149.10 jurisdiction juvenile, the court may execute the child's adult 149.11 sentence under section 260B.130, subdivision 4. Notwithstanding 149.12 paragraph (c), if the court does not do this, it shall comply 149.13 with paragraph (a). 149.14 (c) If the court makes a finding on the record that the 149.15 needs of the child cannot be met at the Minnesota correctional 149.16 facility-Red Wing, the court may order an appropriate 149.17 alternative placement, including at an out-of-state facility 149.18 that is located closer to the child's home than the Minnesota 149.19 correctional facility-Red Wing. 149.20 Subd. 3. [REPORT REQUIRED.] (a) A court ordering a 149.21 placement under subdivision 2, paragraph (c), shall report to 149.22 the sentencing guidelines commission on the placement ordered 149.23 and the reasons why the needs of the child could not be met at 149.24 the Minnesota correctional facility-Red Wing. If the placement 149.25 is to an out-of-state facility, the report must include specific 149.26 information on the distance to the out-of-state facility from 149.27 the offender's home compared to that of the Minnesota 149.28 correctional facility-Red Wing. 149.29 (b) By February 15 of each year, the commission shall 149.30 summarize the reports received from courts under this 149.31 subdivision for the preceding year and forward this summary to 149.32 the chairs and ranking minority members of the senate and house 149.33 committees and divisions having jurisdiction over criminal 149.34 justice policy and funding. 149.35 Sec. 26. [260B.551] [YOUTH SHELTER AND JUVENILE 149.36 PROSTITUTION PREVENTION GRANTS.] 150.1 Subdivision 1. [ESTABLISHMENT.] A grant program is 150.2 established to increase the availability of shelter for 150.3 homeless, runaway, or thrown-away youth at risk of being 150.4 prostituted or currently being used in prostitution. The goal 150.5 of the grants is to significantly increase the number of 150.6 existing beds for these youth in Minnesota. By providing 150.7 emergency and transitional housing, the number of youth at risk 150.8 of being sexually exploited or actually being sexually exploited 150.9 will be reduced. 150.10 Subd. 2. [ELIGIBILITY.] The commissioner of human services 150.11 shall make shelter and prevention grants to nonprofit 150.12 corporations or government agencies to provide emergency and 150.13 transitional housing for children and teens. These grants may 150.14 be used for salaries for staff providing these services. The 150.15 commissioner shall consider the needs for emergency and 150.16 transitional shelter throughout Minnesota, and give priority to 150.17 applicants who offer 24-hour emergency facilities. To be 150.18 eligible for a grant, a nonprofit corporation must meet the 150.19 following criteria: 150.20 (1) the applicant must have a commitment to helping the 150.21 community or children, or preventing juvenile prostitution, if 150.22 the organization does not have any past experience with youth 150.23 involved or at risk of being used in prostitution then the 150.24 organization must demonstrate their knowledge of the best 150.25 practices in this area and develop a plan to follow these 150.26 practices; 150.27 (2) the grant must be used to create and maintain shelter 150.28 for homeless, runaway, and thrown-away youth; 150.29 (3) the applicant may not use the grant to conduct general 150.30 education or awareness programs unrelated to the operation of a 150.31 shelter; 150.32 (4) the applicant must present a plan to communicate with 150.33 local law enforcement officials, social services, and the 150.34 department of human services consistent with state and federal 150.35 law; and 150.36 (5) the applicant must present a plan to encourage a 151.1 homeless, runaway, or thrown-away youth to either reconnect with 151.2 their family or transition into long-term housing. 151.3 Subd. 3. [GRANT APPLICATION.] A nonprofit corporation or 151.4 government agency must submit an application to the commissioner 151.5 of human services in the form and manner the commissioner 151.6 establishes. The application must describe how the applicant 151.7 meets the eligibility criteria under subdivision 2. The 151.8 commissioner may require the applicant to provide additional 151.9 information. 151.10 Sec. 27. [299A.71] [JUVENILE PROSTITUTION LAW ENFORCEMENT 151.11 AND OFFICER TRAINING GRANTS.] 151.12 Subdivision 1. [ESTABLISHMENT.] A grant program is 151.13 established for enhanced law enforcement efforts and peace 151.14 officer education and training to combat juvenile prostitution. 151.15 The goal of the grants is to provide peace officers with the 151.16 knowledge and skills to recognize individuals who sexually 151.17 exploit youth, charge and prosecute these individuals for 151.18 promotion and solicitation of prostitution, and effectively 151.19 communicate with the victims of juvenile prostitution. 151.20 Subd. 2. [ELIGIBILITY.] The commissioner of public safety 151.21 shall make juvenile prostitution prevention grants to local law 151.22 enforcement agencies to provide enhanced efforts targeted to 151.23 juvenile prostitution and training and staff development 151.24 relating to the prevention of juvenile prostitution. The law 151.25 enforcement agency must utilize all of the grant funding 151.26 received for efforts to combat juvenile prostitution. 151.27 Subd. 3. [GRANT APPLICATION.] A local law enforcement 151.28 agency must submit an application to the commissioner of public 151.29 safety in the form and manner the commissioner establishes. 151.30 Sec. 28. [299N.01] [DEFINITIONS.] 151.31 As used in this chapter, the following terms have the 151.32 meanings given: 151.33 (1) "commissioner" means the commissioner of public safety; 151.34 and 151.35 (2) "law enforcement agency" has the meaning given in 151.36 section 626.84, subdivision 1. 152.1 Sec. 29. [299N.02] [CAPITOL POLICE DEPARTMENT.] 152.2 Subdivision 1. [DESCRIPTION AND RESPONSIBILITIES.] The 152.3 capitol police department is a law enforcement agency organized 152.4 as a division in the department of public safety. It is 152.5 responsible for providing law enforcement services in the 152.6 capitol complex and in other state-owned or leased buildings and 152.7 property as designated by the commissioner. The department has 152.8 primary jurisdiction over offenses occurring in these 152.9 locations. It is also responsible for providing necessary 152.10 security to the following: legislators; constitutional 152.11 officers, except for the governor; members of the judiciary; 152.12 commissioners of state agencies; state employees; visiting 152.13 dignitaries; and members of the public. In addition, the 152.14 department shall provide public information services in the 152.15 capitol complex. 152.16 Subd. 2. [DIRECTOR.] The capitol police department is 152.17 under the supervision and control of a director appointed by the 152.18 commissioner. The director is the agency's chief law 152.19 enforcement officer. The director must be a peace officer, as 152.20 defined in section 626.84, subdivision 1, paragraph (c), and 152.21 licensed under sections 626.84 to 626.863, and possess the 152.22 necessary police and management experience to manage a law 152.23 enforcement agency. The director serves at the commissioner's 152.24 pleasure in the unclassified service. The director may appoint, 152.25 discipline, and discharge all of the department's personnel. 152.26 The director shall ensure that only individuals licensed as 152.27 peace officers, as defined in section 626.84, subdivision 1, 152.28 paragraph (c), are assigned to duties involving the providing of 152.29 law enforcement services and that only these officers wear 152.30 uniforms consistent with section 626.88, subdivision 2. 152.31 Subd. 3. [STATEWIDE ARREST AUTHORITY.] Members of the 152.32 capitol police department who are licensed peace officers 152.33 possess statewide arrest authority. 152.34 Subd. 4. [RESPONSIBILITIES OF CAPITOL SECURITY DIVISION 152.35 TRANSFERRED.] The responsibilities of the capitol complex 152.36 security division are transferred to the capitol police 153.1 department under section 15.039. 153.2 Subd. 5. [LEGISLATURE'S AUTHORITY NOT SUPERSEDED.] This 153.3 section shall not be construed to supersede the power of the 153.4 legislature to appoint and assign personnel and equipment 153.5 necessary for the conduct of its business. 153.6 Subd. 6. [COMPLIANCE WITH OTHER LAWS.] Except as provided 153.7 in this chapter: 153.8 (1) the capitol police department is subject to all laws 153.9 governing the operation and management of a law enforcement 153.10 agency; and 153.11 (2) members of the capitol police department who are 153.12 licensed peace officers are subject to all laws governing the 153.13 qualifications and conduct of peace officers. 153.14 Subd. 7. [TRAINING.] The director shall ensure that 153.15 capitol police officers and employees receive appropriate 153.16 training and support, including the additional training and 153.17 support recommended in the January 2000 Capitol Complex Security 153.18 Study, option 2, item 1. 153.19 Sec. 30. [299N.03] [CAPITOL COMPLEX SECURITY OVERSIGHT 153.20 COMMITTEE.] 153.21 Subdivision 1. [MEMBERSHIP.] (a) The capitol complex 153.22 oversight committee consists of the following individuals or 153.23 their designees: 153.24 (1) the senate majority leader; 153.25 (2) the speaker of the house of representatives; 153.26 (3) the chief justice of the supreme court; 153.27 (4) the chair of the senate committee or division having 153.28 jurisdiction over criminal justice funding; 153.29 (5) the chair of the house of representatives committee or 153.30 division having jurisdiction over criminal justice funding; 153.31 (6) the commissioner of public safety; 153.32 (7) the commissioner of administration; 153.33 (8) the senate sergeant at arms; 153.34 (9) the house of representatives' sergeant at arms; 153.35 (10) the director of the state historical society; 153.36 (11) the president of a statewide association representing 154.1 government relations professionals; 154.2 (12) the director of the capitol police department; and 154.3 (13) an employee of the capitol police department, chosen 154.4 by the organization serving as its employees' exclusive 154.5 representative. 154.6 (b) The committee may elect a chair from among its 154.7 members. The director and the employee of the capitol police 154.8 department may not vote on matters relating to the department's 154.9 budget or evaluating its effectiveness or other matters in which 154.10 they have a conflict of interest. 154.11 Subd. 2. [DUTIES.] The oversight committee shall: 154.12 (1) develop both a short-term and a long-term plan relating 154.13 to the provision of security in the capitol complex and in other 154.14 state-owned or leased buildings and property, including 154.15 providing necessary security to the following: legislators, 154.16 constitutional officers, members of the judiciary, commissioners 154.17 of state agencies, state employees, visiting dignitaries, and 154.18 members of the public; 154.19 (2) develop guidelines that may be used to evaluate the 154.20 methods by which this security is provided; 154.21 (3) evaluate the budget for providing this security and 154.22 make annual budgetary recommendations to the legislature; and 154.23 (4) provide oversight to the entity providing capitol area 154.24 security and annually report to the legislature on the entity's 154.25 effectiveness. 154.26 The plans described in clause (1) must consider potential 154.27 shifting needs for security and the impact of new security 154.28 technology. 154.29 Subd. 3. [EXPIRATION AND COMPENSATION.] Notwithstanding 154.30 section 15.059, the oversight committee does not expire. 154.31 Committee members may not receive compensation for serving, but 154.32 may receive expense reimbursements as provided in section 15.059. 154.33 Sec. 31. [299N.04] [CONTRACT SERVICES; APPROPRIATION.] 154.34 Fees received for contracted security services provided by 154.35 the capitol police department are to be credited to a special 154.36 account in the treasury and are appropriated annually to the 155.1 commissioner to be used for the operation of the department. 155.2 Sec. 32. Minnesota Statutes 1998, section 477A.0121, 155.3 subdivision 4, is amended to read: 155.4 Subd. 4. [PUBLIC DEFENDER COSTS.] Each calendar year, 1.5 155.5 percent of the total appropriation for this section shall be 155.6 retained by the commissioner of revenue to make reimbursements 155.7 to the commissioner of finance for payments made under section 155.8 611.27. The reimbursements shall be to defray the additional 155.9 costs associated with court-ordered counsel under section 611.27 155.10 and the costs of services other than counsel under section 155.11 611.27, subdivision 16. Any retained amounts not used for 155.12 reimbursement in a year shall be included in the next 155.13 distribution of county criminal justice aid that is certified to 155.14 the county auditors for the purpose of property tax reduction 155.15 for the next taxes payable year. 155.16 Sec. 33. Minnesota Statutes 1998, section 609.322, 155.17 subdivision 1, is amended to read: 155.18 Subdivision 1. [INDIVIDUALS UNDER AGE1618.] Whoever, 155.19 while acting other than as a prostitute or patron, intentionally 155.20 does any of the following may be sentenced to imprisonment for 155.21 not more than 20 years or to payment of a fine of not more than 155.22 $40,000, or both: 155.23 (1) solicits or induces an individual under the age of16155.24 18 years to practice prostitution; 155.25 (2) promotes the prostitution of an individual under the 155.26 age of1618 years; or 155.27 (3) receives profit, knowing or having reason to know that 155.28 it is derived from the prostitution, or the promotion of the 155.29 prostitution, of an individual under the age of1618 years. 155.30 Sec. 34. Minnesota Statutes 1998, section 611.21, is 155.31 amended to read: 155.32 611.21 [SERVICES OTHER THAN COUNSEL.] 155.33 (a) Private counselappointed by the court for an indigent155.34defendant, orrepresenting a defendant who, at the outset of the 155.35 prosecution, has an annual income not greater than 125 percent 155.36 of the poverty line established under United States Code, title 156.1 42, section 9902(2), and public defenders in districts that are 156.2 not fully state funded, may file an ex parte application 156.3 requesting investigative, expert, or other services necessary to 156.4 an adequate defense in the case. Upon finding, after 156.5 appropriate inquiry in an ex parte proceeding, that the services 156.6 are necessary and that the defendant is financially unable to 156.7 obtain them, the court shall authorize counsel to obtain the 156.8 services on behalf of the defendant. The court may establish a 156.9 limit on the amount which may be expended or promised for such 156.10 services. The court may, in the interests of justice, and upon 156.11 a finding that timely procurement of necessary services could 156.12 not await prior authorization, ratify such services after they 156.13 have been obtained, but such ratification shall be given only in 156.14 unusual situations. The court shall determine reasonable 156.15 compensation for the services and direct payment by the county 156.16 in which the prosecution originated, to the organization or 156.17 person who rendered them, upon the filing of a claim for 156.18 compensation supported by an affidavit specifying the time 156.19 expended, services rendered, and expenses incurred on behalf of 156.20 the defendant, and the compensation received in the same case or 156.21 for the same services from any other source. 156.22 (b) The compensation to be paid to a person for such 156.23 service rendered to a defendant under this section, or to be 156.24 paid to an organization for such services rendered by an 156.25 employee, may not exceed $1,000, exclusive of reimbursement for 156.26 expenses reasonably incurred, unless payment in excess of that 156.27 limit is certified by the court as necessary to provide fair 156.28 compensation for services of an unusual character or duration 156.29 and the amount of the excess payment is approved by the chief 156.30 judge of the district. The chief judge of the judicial district 156.31 may delegate approval authority to an active district judge. 156.32 (c) If the court denies authorizing counsel to obtain 156.33 services on behalf of the defendant, the court shall make 156.34 written findings of fact and conclusions of law that state the 156.35 basis for determining that counsel may not obtain services on 156.36 behalf of the defendant. When the court issues an order denying 157.1 counsel the authority to obtain services, the defendant may 157.2 appeal immediately from that order to the court of appeals and 157.3 may request an expedited hearing. 157.4 (d) The provisions of this section do not apply to 157.5 representation by a public defender appointed by the court in 157.6 districts that are fully state funded. 157.7 Sec. 35. Minnesota Statutes 1998, section 611.27, 157.8 subdivision 5, is amended to read: 157.9 Subd. 5. [DISTRICT PUBLIC DEFENDER BUDGETS.] The board of 157.10 public defense may only fund those items and services in 157.11 district public defender budgets which were included in the 157.12 original budgets of district public defender offices as of 157.13 January 1, 1990. All other public defense related costs remain 157.14 the responsibility of the counties unless the state specifically 157.15 appropriates for these. The cost of additional state funding of 157.16 these items and services must be offset by reductions in local 157.17 aids in the same manner as the original state takeover, or, in 157.18 the case of expenses other than counsel under section 611.27, 157.19 subdivision 16, by the use of county criminal justice aid under 157.20 section 477A.0121, subdivision 4. 157.21 Sec. 36. Minnesota Statutes 1998, section 611.27, is 157.22 amended by adding a subdivision to read: 157.23 Subd. 16. [SERVICES OTHER THAN COUNSEL.] (a) An assistant 157.24 public defender, who has been appointed by the court to 157.25 represent an indigent defendant, may request from the board of 157.26 public defense, funds to pay for investigative, expert or other 157.27 services necessary to an adequate defense in the case. 157.28 (b) The board of public defense shall pay for the services 157.29 described in paragraph (a) in districts fully funded by the 157.30 state from funds appropriated for that purpose. If sufficient 157.31 funds are not available to the board, the commissioner of 157.32 finance shall make payment from county criminal justice aid 157.33 retained by the commissioner of revenue for that purpose under 157.34 section 477A.0121, subdivision 4. 157.35 (c) In districts that are not fully funded by the state, 157.36 the board shall pay a total annual amount of not more than 25 158.1 percent of the total amount specifically appropriated to it to 158.2 pay for the services described in paragraph (a). 158.3 Sec. 37. Minnesota Statutes 1998, section 611A.32, 158.4 subdivision 5, is amended to read: 158.5 Subd. 5. [CLASSIFICATION OF DATA COLLECTED BY GRANTEES.] 158.6 Personal history information and other information collected, 158.7 used or maintained by a grantee or a shelter facility receiving 158.8 per diem payments from which the identity of any battered woman 158.9 may be determined is private data on individuals, as defined in 158.10 section 13.02, subdivision 12, and the grantee or facility shall 158.11 maintain the data in accordance with the provisions of chapter 158.12 13. 158.13 Sec. 38. [611A.37] [DEFINITIONS.] 158.14 Subdivision 1. [SCOPE.] For purposes of sections 611A.37 158.15 to 611A.375, the terms defined have the meanings given them 158.16 unless otherwise provided or indicated by the context. 158.17 Subd. 2. [DIRECTOR.] "Director" means the director of the 158.18 Minnesota center for crime victim services or a designee. 158.19 Subd. 3. [CENTER.] "Center" means the Minnesota center for 158.20 crime victim services. 158.21 Subd. 4. [SHELTER FACILITY.] "Shelter facility" means a 158.22 secure crisis shelter, housing network, safe home, or other 158.23 facility operated by a nonprofit organization and designated by 158.24 the center for the purpose of providing food, lodging, safety, 158.25 and 24-hour coverage for battered women and their children. 158.26 Subd. 5. [DESIGNATED SHELTER FACILITY.] "Designated 158.27 shelter facility" means a facility that has applied and been 158.28 approved by the center to provide shelter and services to 158.29 battered women and their children. 158.30 Subd. 6. [PER DIEM RATE.] "Per diem rate" means a daily 158.31 charge per person for providing food, lodging, safety, and 158.32 24-hour coverage for battered women and their children. 158.33 Subd. 7. [RESERVE AMOUNT.] "Reserve amount" means the 158.34 amount the center has reserved for each shelter facility. 158.35 Subd. 8. [SHELTER RESIDENT.] "Shelter resident" means a 158.36 woman or child residing in a shelter facility. 159.1 Subd. 9. [BATTERED WOMAN.] "Battered woman" means a woman 159.2 who has experienced domestic abuse as defined in section 159.3 518B.01, subdivision 2, paragraph (a). 159.4 Sec. 39. [611A.371] [PROGRAM PURPOSE.] 159.5 The purpose of the per diem program is to provide 159.6 reimbursement in a timely, efficient manner to local programs 159.7 for maintenance and security costs to assure the availability of 159.8 safe shelter for battered women. Per diem funding may not be 159.9 used for other purposes. 159.10 Sec. 40. [611A.372] [DUTIES OF THE DIRECTOR.] 159.11 In addition to any other duties imposed by law, the 159.12 director, with the approval of the commissioner of public 159.13 safety, shall: 159.14 (1) supervise the administration of per diem payments to 159.15 shelter facilities; 159.16 (2) collect data on shelter facilities; 159.17 (3) conduct an annual evaluation of the per diem program; 159.18 and 159.19 (4) report to the governor and the legislature on the need 159.20 for emergency secure shelter. 159.21 Sec. 41. [611A.373] [ELIGIBILITY.] 159.22 Designated shelter facilities may seek reimbursement for 159.23 reasonable and necessary costs of providing battered women and 159.24 their children with food, lodging, and safety. 159.25 Sec. 42. [611A.374] [PAYMENTS.] 159.26 Subdivision 1. [PAYMENT REQUESTS.] Designated shelter 159.27 facilities may submit requests for payment monthly based on the 159.28 number of persons housed. Upon approval of the request for 159.29 payment by the center, payments shall be made directly to 159.30 designated shelter facilities from per diem funds on behalf of 159.31 women and their children who reside in the shelter facility. 159.32 Payments made to a designated shelter facility must not exceed 159.33 the annual reserve amount for that facility unless approved by 159.34 the director. Payments to designated shelter facilities must 159.35 not affect the eligibility of individuals who reside in shelter 159.36 facilities for public assistance benefits except when required 160.1 by federal law or regulation. 160.2 Subd. 2. [RESERVE AMOUNT LIMITATION.] The total of all 160.3 reserve amounts shall not exceed the per diem appropriation. 160.4 Sec. 43. [611A.3745] [CONSULTATION WITH BATTERED WOMEN 160.5 ADVISORY COUNCIL.] 160.6 The director shall consult with the battered women advisory 160.7 council when performing duties under sections 611A.371 to 160.8 611A.375. 160.9 Sec. 44. [611A.375] [APPEAL PROCESS.] 160.10 Within 30 days after receiving a decision by the center to 160.11 deny payment, a designated shelter facility may request 160.12 reconsideration. A facility may not appeal a decision by the 160.13 center to deny payments in excess of the facility's reserve 160.14 amount. A designated shelter facility denied payment upon 160.15 reconsideration is entitled to a contested case hearing within 160.16 the meaning of chapter 14. 160.17 Sec. 45. Minnesota Statutes 1999 Supplement, section 160.18 626.84, subdivision 1, is amended to read: 160.19 Subdivision 1. [DEFINITIONS.] For purposes of sections 160.20 626.84 to 626.863, the following terms have the meanings given 160.21 them: 160.22 (a) "Board" means the board of peace officer standards and 160.23 training. 160.24 (b) "Director" means the executive director of the board. 160.25 (c) "Peace officer" means: 160.26 (1) an employee or an elected or appointed official of a 160.27 political subdivision or law enforcement agency who is licensed 160.28 by the board, charged with the prevention and detection of crime 160.29 and the enforcement of the general criminal laws of the state 160.30 and who has the full power of arrest, and shall also include the 160.31 Minnesota state patrol, agents of the division of alcohol and 160.32 gambling enforcement, state conservation officers, capitol 160.33 police officers, and metropolitan transit police officers; and 160.34 (2) a peace officer who is employed by a law enforcement 160.35 agency of a federally recognized tribe, as defined in United 160.36 States Code, title 25, section 450b(e), and who is licensed by 161.1 the board. 161.2 (d) "Constable" has the meaning assigned to it in section 161.3 367.40. 161.4 (e) "Deputy constable" has the meaning assigned to it in 161.5 section 367.40. 161.6 (f) "Part-time peace officer" means an individual licensed 161.7 by the board whose services are utilized by law enforcement 161.8 agencies no more than an average of 20 hours per week, not 161.9 including time spent on call when no call to active duty is 161.10 received, calculated on an annual basis, who has either full 161.11 powers of arrest or authorization to carry a firearm while on 161.12 active duty. The term shall apply even though the individual 161.13 receives no compensation for time spent on active duty, and 161.14 shall apply irrespective of the title conferred upon the 161.15 individual by any law enforcement agency. The limitation on the 161.16 average number of hours in which the services of a part-time 161.17 peace officer may be utilized shall not apply to a part-time 161.18 peace officer who has formally notified the board pursuant to 161.19 rules adopted by the board of the part-time peace officer's 161.20 intention to pursue the specialized training for part-time peace 161.21 officers who desire to become peace officers pursuant to 161.22 sections 626.843, subdivision 1, clause (g), and 626.845, 161.23 subdivision 1, clause (g). 161.24 (g) "Reserve officer" means an individual whose services 161.25 are utilized by a law enforcement agency to provide 161.26 supplementary assistance at special events, traffic or crowd 161.27 control, and administrative or clerical assistance. A reserve 161.28 officer's duties do not include enforcement of the general 161.29 criminal laws of the state, and the officer does not have full 161.30 powers of arrest or authorization to carry a firearm on duty. 161.31 (h) "Law enforcement agency" means: 161.32 (1) a unit of state or local government that is authorized 161.33 by law to grant full powers of arrest and to charge a person 161.34 with the duties of preventing and detecting crime and enforcing 161.35 the general criminal laws of the state; and 161.36 (2) subject to the limitations in section 626.93, a law 162.1 enforcement agency of a federally recognized tribe, as defined 162.2 in United States Code, title 25, section 450b(e). 162.3 (i) "Professional peace officer education" means a 162.4 post-secondary degree program, or a nondegree program for 162.5 persons who already have a college degree, that is offered by a 162.6 college or university in Minnesota, designed for persons seeking 162.7 licensure as a peace officer, and approved by the board. 162.8 Sec. 46. Laws 1999, chapter 216, article 1, section 7, 162.9 subdivision 6, is amended to read: 162.10 Subd. 6. Law Enforcement and Community Grants 162.11 10,290,000 7,583,000 162.12 $1,000,000 the first year is for grants 162.13 to pay the costs of developing or 162.14 implementing a criminal justice 162.15 information integration plan as 162.16 described in Minnesota Statutes, 162.17 section 299C.65, subdivision 6 or 7. 162.18 The commissioner shall make a minimum 162.19 of two grants from this appropriation. 162.20 This is a one-time appropriation. 162.21 The commissioner of public safety shall 162.22 consider using a portion of federal 162.23 Byrne grant funds for costs related to 162.24 developing or implementing a criminal 162.25 justice information system integration 162.26 plan as described in Minnesota 162.27 Statutes, section 299C.65, subdivision 162.28 6 or 7. 162.29 $400,000 the first year is for a grant 162.30 to the city of Marshall to construct, 162.31 furnish, and equip a regional emergency 162.32 response training center. The balance, 162.33 if any, does not cancel but is 162.34 available for the fiscal year ending 162.35 June 30, 2001. 162.36 $10,000 the first year is for the 162.37 commissioner of public safety to 162.38 reconvene the task force that developed 162.39 the statewide master plan for fire and 162.40 law enforcement training facilities 162.41 under Laws 1998, chapter 404, section 162.42 21, subdivision 3, for the purpose of 162.43 developing specific recommendations 162.44 concerning the siting, financing and 162.45 use of these training facilities. The 162.46 commissioner's report shall include 162.47 detailed recommendations concerning the 162.48 following issues: 162.49 (1) the specific cities, counties, or 162.50 regions of the state where training 162.51 facilities should be located; 162.52 (2) the reasons why a training facility 162.53 should be sited in the recommended 162.54 location, including a description of 162.55 the public safety training needs in 163.1 that part of the state; 163.2 (3) the extent to which neighboring 163.3 cities and counties should be required 163.4 to collaborate in funding and operating 163.5 the recommended training facilities; 163.6 (4) an appropriate amount for a local 163.7 funding match (up to 50 percent) for 163.8 cities and counties using the training 163.9 facility to contribute in money or 163.10 other resources to build, expand, or 163.11 operate the facility; 163.12 (5) the feasibility of providing 163.13 training at one or more of the 163.14 recommended facilities for both law 163.15 enforcement and fire safety personnel; 163.16 (6) whether the regional or statewide 163.17 need for increased public safety 163.18 training resources can be met through 163.19 the expansion of existing training 163.20 facilities rather than the creation of 163.21 new facilities and, if so, which 163.22 facilities should be expanded; and 163.23 (7) any other issues the task force 163.24 deems relevant. 163.25 By January 15, 2000, the commissioner 163.26 shall submit the report to the chairs 163.27 and ranking minority members of the 163.28 house and senate committees and 163.29 divisions with jurisdiction over 163.30 capital investment issues and criminal 163.31 justice funding and policy. 163.32 $746,000 the first year and $766,000 163.33 the second year are for personnel and 163.34 administrative costs for the criminal 163.35 gang oversight council and strike force 163.36 described in Minnesota Statutes, 163.37 section 299A.64. 163.38 $1,171,000 the first year and 163.39 $2,412,000 are for the grants 163.40 authorized under Minnesota Statutes, 163.41 section 299A.66, subdivisions 1 and 2. 163.42 Of this appropriation, $1,595,000 each 163.43 year shall be included in the 2002-2003 163.44 biennial base budget. 163.45 By January 15, 2000, the criminal gang 163.46 oversight council shall submit a report 163.47 to the chairs and ranking minority 163.48 members of the senate and house 163.49 committees and divisions with 163.50 jurisdiction over criminal justice 163.51 funding and policy describing the 163.52 following: 163.53 (1) the types of crimes on which the 163.54 oversight council and strike force have 163.55 primarily focused their investigative 163.56 efforts since their inception; 163.57 (2) a detailed accounting of how the 163.58 oversight council and strike force have 163.59 spent all funds and donations they have 163.60 received since their inception, 164.1 including donations of goods and 164.2 services; 164.3 (3) the extent to which the activities 164.4 of the oversight council and strike 164.5 force overlap or duplicate the 164.6 activities of the fugitive task force 164.7 or the activities of any federal, 164.8 state, or local task forces that 164.9 investigate interjurisdictional 164.10 criminal activity; and 164.11 (4) the long-term goals that the 164.12 criminal gang oversight council and 164.13 strike force hope to achieve. 164.14 The commissioner of public safety shall 164.15 consider using a portion of federal 164.16 Byrne grant funds for criminal gang 164.17 prevention and intervention activities 164.18 to (1) help gang members separate 164.19 themselves, or remain separated, from 164.20 gangs; and (2) prevent individuals from 164.21 becoming affiliated with gangs. 164.22 $50,000 the first year is for a grant 164.23 to the Minnesota Safety Council to 164.24 continue the crosswalk safety awareness 164.25 campaign. The Minnesota Safety Council 164.26 shall work with the department of 164.27 transportation to develop a long range 164.28 plan to continue the crosswalk safety 164.29 awareness campaign. 164.30 $500,000 the first year is for grants 164.31 under Minnesota Statutes, section 164.32 299A.62, subdivision 1. These grants 164.33 shall be distributed as provided in 164.34 Minnesota Statutes, section 299A.62, 164.35 subdivision 2. This is a one-time 164.36 appropriation. 164.37 Up to $30,000 of the appropriation for 164.38 grants under Minnesota Statutes, 164.39 section 299A.62, is for grants to 164.40 requesting local law enforcement 164.41 agencies to purchase dogs trained to 164.42 detect or locate controlled substances 164.43 by scent. Grants are limited to one 164.44 dog per county. 164.45 $50,000 the first year and $50,000 the 164.46 second year are for grants to the 164.47 northwest Hennepin human services 164.48 council to administer the northwest 164.49 community law enforcement project, to 164.50 be available until June 30, 2001. This 164.51 is a one-time appropriation. 164.52 $30,000 the first year is to assist 164.53 volunteer ambulance services, licensed 164.54 under Minnesota Statutes, chapter 144E, 164.55 in purchasing automatic external 164.56 defibrillators. Ambulance services are 164.57 eligible for a grant under this 164.58 provision if they do not already 164.59 possess an automatic external 164.60 defibrillator and if they provide a 25 164.61 percent match in nonstate funds. This 164.62 is a one-time appropriation. 165.1 $50,000 the first year and $50,000 the 165.2 second year are for grants under 165.3 Minnesota Statutes, section 119A.31, 165.4 subdivision 1, clause (12), to 165.5 organizations that focus on 165.6 intervention and prevention of teenage 165.7 prostitution. 165.8 The commissioner of public safety shall 165.9 administer a program to distribute tire 165.10 deflators to local or state law 165.11 enforcement agencies selected by the 165.12 commissioner of public safetyand to165.13distribute or otherwise make available165.14a computer-controlled driving simulator165.15to local or state law enforcement165.16agencies or POST-certified skills165.17programs selected by the commissioner165.18of public safety. 165.19 Before any decisions are made on which 165.20 law enforcement agencies will receive 165.21 tire deflatorsor the driving165.22simulator, a committee consisting of a 165.23 representative from the Minnesota 165.24 chiefs of police association, a 165.25 representative from the Minnesota 165.26 sheriffs association, a representative 165.27 from the state patrol, and a 165.28 representative from the Minnesota 165.29 police and peace officers association 165.30 shall evaluate the applications. The 165.31 commissioner shall consult with the 165.32 committee concerning its evaluation and 165.33 recommendations on distribution 165.34 proposals prior to making a final 165.35 decision on distribution. 165.36 Law enforcement agencies that receive 165.37 tire deflators under this section 165.38 must: (i) provide any necessary 165.39 training to their employees concerning 165.40 use of the tire deflators; (ii) compile 165.41 statistics on use of the tire deflators 165.42 and the results; (iii) provide a 165.43 one-to-one match in nonstate funds; and 165.44 (iv) report this information to the 165.45 commissioner as required. 165.46Law enforcement agencies or165.47POST-certified skills programs that165.48receive a computer-controlled driving165.49simulator under this section must:165.50(1) provide necessary training to their165.51employees in emergency vehicle165.52operations and in the conduct of police165.53pursuits;165.54(2) provide a five-year plan for165.55maintaining the hardware necessary to165.56operate the driving simulator;165.57(3) provide a five-year plan to update165.58software necessary to operate the165.59driving simulator;165.60(4) provide a plan to make the driving165.61simulator available at a reasonable165.62cost and with reasonable availability165.63to other law enforcement agencies to166.1train their officers; and166.2(5) provide an estimate of the166.3availability of the driving simulator166.4for use by other law enforcement166.5agencies.166.6 By January 15, 2001, the commissioner 166.7 shall report to the chairs and ranking 166.8 minority members of the house and 166.9 senate committees and divisions having 166.10 jurisdiction over criminal justice 166.11 matters on the tire deflatorsand the166.12driving simulator distributed under166.13this section. 166.14 $285,000 the first year is for a 166.15 one-time grant to the city of 166.16 Minneapolis to implement a coordinated 166.17 criminal justice system response to the 166.18 CODEFOR (Computer Optimized 166.19 Development-Focus on Results) law 166.20 enforcement strategy. This 166.21 appropriation is available until 166.22 expended. 166.23 $795,000 the first year is for a 166.24 one-time grant to Hennepin county to 166.25 implement a coordinated criminal 166.26 justice system response to the CODEFOR 166.27 (Computer Optimized Development-Focus 166.28 on Results) law enforcement strategy. 166.29 This appropriation is available until 166.30 expended. 166.31 $420,000 the first year is for a 166.32 one-time grant to the fourth judicial 166.33 district public defender's office to 166.34 accommodate the CODEFOR (Computer 166.35 Optimized Development-Focus on Results) 166.36 law enforcement strategy. This 166.37 appropriation is available until 166.38 expended. 166.39 $150,000 the first year and $150,000 166.40 the second year are for weed and seed 166.41 grants under Minnesota Statutes, 166.42 section 299A.63. Money not expended 166.43 the first year is available for grants 166.44 during the second year. This is a 166.45 one-time appropriation. 166.46 $200,000 each year is a one-time 166.47 appropriation for a grant to the center 166.48 for reducing rural violence to continue 166.49 the technical assistance and related 166.50 rural violence prevention services the 166.51 center offers to rural communities. 166.52 $500,000 the first year and $500,000 166.53 the second year are to operate the 166.54 weekend camp program at Camp Ripley 166.55 described in Laws 1997, chapter 239, 166.56 article 1, section 12, subdivision 3, 166.57 as amended by Laws 1998, chapter 367, 166.58 article 10, section 13. The powers and 166.59 duties of the department of corrections 166.60 with respect to the weekend program are 166.61 transferred to the department of public 166.62 safety under Minnesota Statutes, 166.63 section 15.039. The commissioner shall 167.1 attempt to expand the program to serve 167.2 500 juveniles per year within this 167.3 appropriation. 167.4 An additional $125,000 the first year 167.5 and $125,000 the second year are for 167.6 the weekend camp program at Camp Ripley. 167.7 $500,000 the first year and $500,000 167.8 the second year are for Asian-American 167.9 juvenile crime intervention and 167.10 prevention grants under Minnesota 167.11 Statutes, section 256.486. The powers 167.12 and duties of the department of human 167.13 services, with respect to that program, 167.14 are transferred to the department of 167.15 public safety under Minnesota Statutes, 167.16 section 15.039. This is a one-time 167.17 appropriation. 167.18 Sec. 47. Laws 1999, chapter 216, article 1, section 18, is 167.19 amended to read: 167.20 Sec. 18. AUTOMOBILE THEFT PREVENTION 167.21 BOARD 2,277,000 1,886,000 167.22 This appropriation is from the 167.23 automobile theft prevention account in 167.24 the special revenue fund. 167.25 Of this appropriation, up to $400,000 167.26 the first year is transferred to the 167.27 commissioner of public safety for the 167.28 purchase and distribution of tire 167.29 deflators to local or state law 167.30 enforcement agenciesand for the167.31purchase of a computer-controlled167.32driving simulator. Any amount not 167.33 spent by the commissioner of public 167.34 safety for this purpose shall be 167.35 returned to the automobile theft 167.36 prevention account in the special 167.37 revenue fund and may be used for other 167.38 automobile theft prevention activities. 167.39 The automobile theft prevention board 167.40 may not spend any money it receives 167.41 from surcharges in the fiscal year 167.42 2000-2001 biennium, unless the 167.43 legislature approves the spending. 167.44 The executive director of the 167.45 automobile theft prevention board may 167.46 not sit on the automobile theft 167.47 prevention board. 167.48 Sec. 48. [AUTOMATED VICTIM NOTIFICATION SYSTEM.] 167.49 All courts and state and local correctional facilities 167.50 shall consider implementing an automated victim notification 167.51 system. The commissioner of public safety, in cooperation with 167.52 the commissioners of children, families, and learning; 167.53 corrections; and economic security; shall provide financial 167.54 assistance to implement these systems. The commissioners shall 168.1 determine the extent of the financial assistance and the manner 168.2 in which it will be provided. Participating local governments 168.3 shall provide a cash or in-kind match as determined by the 168.4 commissioner of public safety. 168.5 Sec. 49. [COURT SECURITY TRAINING PROGRAM.] 168.6 The superintendent of the bureau of criminal apprehension 168.7 shall develop and implement a training program for court and law 168.8 enforcement personnel. The training program must: 168.9 (1) include methods to increase security within court 168.10 houses and surrounding property; 168.11 (2) focus on protecting judges, court employees, members of 168.12 the public, and participants in the legal process; and 168.13 (3) allow individuals who receive it to, in turn, 168.14 effectively train others. 168.15 Sec. 50. [CROSSWALK SAFETY AWARENESS PROGRAM.] 168.16 The Minnesota safety council shall continue its crosswalk 168.17 safety awareness program by: 168.18 (1) developing and distributing crosswalk safety education 168.19 campaign materials; 168.20 (2) creating and placing advertisements in mass media 168.21 throughout the state; and 168.22 (3) making grants to local units of government and law 168.23 enforcement agencies for: 168.24 (i) implementing pedestrian safety awareness activities; 168.25 (ii) providing increased signage and crosswalk markings and 168.26 evaluating their effect on highway safety; and 168.27 (iii) enhancing enforcement of pedestrian safety laws. 168.28 Sec. 51. [DOMESTIC VIOLENCE SHELTER STUDY.] 168.29 By March 15, 2001, the center for applied research and 168.30 policy analysis at Metropolitan State University, in cooperation 168.31 with the Minnesota center for crime victim services and the 168.32 department of public safety, shall study and make 168.33 recommendations to the chairs and ranking minority members of 168.34 the senate and house committees and divisions having 168.35 jurisdiction over criminal justice funding on issues related to 168.36 providing shelter for victims of domestic violence. The study 169.1 must estimate the relative impact of the following, as it 169.2 relates to providing shelter for victims of domestic violence: 169.3 (1) the incidence of domestic violence; 169.4 (2) law enforcement practices in response to domestic 169.5 violence; 169.6 (3) the number of victims seeking shelter and whether 169.7 adequate shelter space exists, and trends regarding this; 169.8 (4) the number of victims who have children also needing 169.9 shelter; 169.10 (5) the financial status of domestic violence victims; 169.11 (6) the necessary length of stay in shelters; and 169.12 (7) opportunities for victims to leave shelters. 169.13 In studying these issues, the center shall analyze costs and 169.14 demand for shelters in other states having programs comparable 169.15 to Minnesota's. 169.16 Sec. 52. [REDUCTION IN CORRECTIONS APPROPRIATION.] 169.17 The fiscal year 2001 appropriation for juvenile residential 169.18 treatment grants in Laws 1999, chapter 216, article 1, section 169.19 13, subdivision 4, is reduced by $5,000,000. The commissioner 169.20 of finance shall reflect this reduction in the department of 169.21 corrections' base budget for the next biennium. 169.22 Sec. 53. [STUDY; REPORT.] 169.23 (a) The commissioner of corrections shall study the state's 169.24 juvenile correctional system as it relates to serious and 169.25 chronic offenders. The study must analyze and make proposals 169.26 regarding: 169.27 (1) the role of the state and counties in providing 169.28 services; 169.29 (2) the funding of these services; 169.30 (3) the extent to which research-based best practices exist 169.31 and are accessible to counties; 169.32 (4) the method and process used to administer the juvenile 169.33 commitment and parole systems; 169.34 (5) the degree to which existing practice reflects the 169.35 legislature's intent in enacting juvenile justice laws; and 169.36 (6) other related issues deemed relevant by the 170.1 commissioner. 170.2 (b) By January 15, 2001, the commissioner shall report the 170.3 study's findings and proposals to the chairs and ranking 170.4 minority members of the senate and house committees and 170.5 divisions having jurisdiction over criminal justice policy 170.6 funding. 170.7 Sec. 54. [TRANSFERS FROM AUTOMOBILE THEFT PREVENTION 170.8 ACCOUNT.] 170.9 (a) The fiscal year 2000 transfer from the automobile theft 170.10 prevention account in the special revenue fund to the 170.11 commissioner of public safety in Laws 1999, chapter 216, article 170.12 1, section 18, is reduced by $100,000. 170.13 (b) By June 30, 2001, the commissioner of finance shall 170.14 transfer the available unencumbered balance up to $6,001,000 170.15 from the automobile theft prevention account in the special 170.16 revenue fund to the general fund for use for criminal justice 170.17 information systems technology. 170.18 Sec. 55. [LOCAL ADULT DETENTION AND CRIMINAL JUSTICE 170.19 SYSTEM FACILITY CONSTRUCTION GRANTS.] 170.20 Subdivision 1. [GRANTS AUTHORIZED AND DESCRIBED.] The 170.21 commissioner of corrections may make grants to counties, groups 170.22 of counties, or a county or group of counties and a tribal 170.23 government, for up to 30 percent of the construction cost of 170.24 local facilities as provided in this section. Applications for 170.25 grants must be submitted to the commissioner using forms and 170.26 instructions which the commissioner shall provide. Applications 170.27 may be submitted by a county, a group of counties, or a county 170.28 or group of counties and a tribal government. The commissioner 170.29 shall award grants as provided in subdivisions 3 and 4. Grants 170.30 may be for up to 30 percent of the cost of the facility, and may 170.31 only be used for capital expenditures to acquire, design, 170.32 construct, renovate, equip, and furnish the facility. The 170.33 commissioner shall require a combined local match of at least 70 170.34 percent. All costs of operation of the facility must be paid by 170.35 the entities receiving the grants, except that costs for adults 170.36 incarcerated in the facility may be billed to their county of 171.1 residence by agreement among the counties or by law. 171.2 Subd. 2. [USE OF PRIVATE ENTITY.] Applicants shall 171.3 consider entering into agreements with private entities for the 171.4 construction and operation of the facility. 171.5 Subd. 3. [AWARDING OF REGIONAL ADULT DETENTION FACILITY 171.6 CONSTRUCTION GRANTS.] The commissioner may award grants to 171.7 counties, groups of counties, or a county or group of counties 171.8 and a tribal government that received a regional adult detention 171.9 facility planning grant under Laws 1999, chapter 216, and 171.10 submitted a plan as required by that law. These grants must be 171.11 used to construct regional adult detention facilities in a 171.12 manner consistent with the plans submitted. 171.13 Subd. 4. [AWARDING OF CRIMINAL JUSTICE SYSTEM FACILITY 171.14 CONSTRUCTION GRANTS.] (a) The commissioner may award a grant to 171.15 Hennepin county and a grant to Ramsey county to be used to 171.16 construct a facility in each county to improve the efficiency 171.17 and effectiveness of its criminal justice system. The 171.18 facilities must attempt to address the needs of county and city 171.19 criminal justice agencies in a comprehensive manner and may 171.20 include space to incarcerate offenders before or after trial and 171.21 offices for criminal justice agencies. 171.22 (b) The commissioner may make a grant to Hennepin county 171.23 only if the Minneapolis city council approves of the county's 171.24 proposed use of the grant money. 171.25 (c) The commissioner may make a grant to Ramsey county only 171.26 if the St. Paul city council approves of the county's proposed 171.27 use of the grant money. 171.28 Sec. 56. [JOINT DOMESTIC ABUSE PROSECUTION UNIT.] 171.29 Subdivision 1. [ESTABLISHMENT.] A pilot project is 171.30 established to develop a joint domestic abuse prosecution unit 171.31 administered by the Ramsey county attorney's office and the St. 171.32 Paul city attorney's office. The unit has authority to 171.33 prosecute misdemeanors, gross misdemeanors, and felonies. The 171.34 unit shall also coordinate efforts with child protection 171.35 attorneys. The unit may include four cross-deputized assistant 171.36 city attorneys and assistant county attorneys. A victim/witness 172.1 advocate, a law clerk, and a legal secretary may provide support. 172.2 Subd. 2. [GOALS.] The goals of this pilot project are to: 172.3 (1) recognize children as both victims and witnesses in 172.4 domestic abuse situations; 172.5 (2) recognize and respect the interests of children in the 172.6 prosecution of domestic abuse; and 172.7 (3) reduce the exposure to domestic violence for both adult 172.8 and child victims. 172.9 Subd. 3. [REPORT.] The Ramsey county attorney's office and 172.10 the St. Paul city attorney's office shall report to the chairs 172.11 and ranking minority members of the senate and house committees 172.12 and divisions having jurisdiction over criminal justice policy 172.13 and funding on the pilot project. The report may include the 172.14 number and types of cases referred, the number of cases charged, 172.15 the outcome of cases, and other relevant outcome measures. 172.16 Subd. 4. [SHARING OF PILOT PROJECT RESULTS.] The Ramsey 172.17 county attorney's office and the St. Paul city attorney's office 172.18 shall share the results of the pilot project with the state and 172.19 other counties and cities. 172.20 Sec. 57. [REPEALER.] 172.21 (a) Minnesota Statutes 1998, section 168A.40, subdivisions 172.22 1, 3, and 4; and Minnesota Statutes 1999 Supplement, section 172.23 168A.40, subdivision 2, are repealed. 172.24 (b) Minnesota Statutes 1998, sections 299E.01; 299E.02; and 172.25 626.88, subdivision 3, are repealed. 172.26 Sec. 58. [EFFECTIVE DATES.] 172.27 (a) Sections 28 to 31 and 57, paragraph (b) are effective 172.28 July 1, 2000. Sections 13 to 15 are effective September 1, 172.29 2000. Section 33 is effective August 1, 2000, and applies to 172.30 crimes committed on or after that date. Section 57, paragraph 172.31 (a) is effective July 1, 2001. 172.32 (b) Sections 32 and 34 to 36 are effective July 1, 2000, 172.33 for cases assigned to the public defender on or after that date 172.34 if the appropriation in section 8 is enacted. If this 172.35 appropriation is not enacted, sections 32 and 34 to 36 do not 172.36 take effect. 173.1 ARTICLE 9 173.2 ENVIRONMENT, NATURAL RESOURCES, AND AGRICULTURE PROVISIONS 173.3 Section 1. [APPROPRIATIONS.] 173.4 The sums shown in the columns marked "APPROPRIATIONS" are 173.5 appropriated from the general fund, or any other fund named, to 173.6 the agencies and for the purposes specified in this act, to be 173.7 available for the fiscal years indicated for each purpose. The 173.8 figures "2000" and "2001" mean that the appropriation or 173.9 appropriations listed under them are available for the fiscal 173.10 year ending June 30, 2000, or June 30, 2001, respectively, and 173.11 if an earlier appropriation was made for that purpose for that 173.12 year, the appropriation in this act is added to it. Where a 173.13 dollar amount appears in parentheses, it means a reduction of an 173.14 earlier appropriation for that purpose for that year. 173.15 APPROPRIATIONS 173.16 Available for the Year 173.17 Ending June 30 173.18 2000 2001 173.19 Sec. 2. POLLUTION CONTROL AGENCY -0- 410,000 173.20 To administer the wastewater 173.21 infrastructure fund. This is a 173.22 one-time appropriation and is available 173.23 until June 30, 2001. 173.24 Sec. 3. NATURAL RESOURCES 5,414,000 31,149,000 173.25 $3,955,000 in fiscal year 2000 is for 173.26 the settlement of legal costs incurred 173.27 by the Mille Lacs Band, St. Croix Band, 173.28 Bad River Band, Red Cliff Band, Lac du 173.29 Flambeau Band, Sokaogon Chippewa 173.30 Community, and the Lac Courte Oreilles 173.31 Band related to the 1837 Treaty 173.32 litigation. 173.33 The money necessary for the interest 173.34 payment on the settlement of legal 173.35 costs in the 1837 Treaty litigation is 173.36 appropriated in fiscal year 2000. The 173.37 amount of the interest payment shall be 173.38 determined by applying an interest 173.39 amount of $614.30 for each day 173.40 beginning December 10, 1999, through 173.41 the day of payment of the legal costs. 173.42 $1,565,000 in fiscal year 2001 is for 173.43 fish and wildlife management. This is 173.44 a one-time appropriation. 173.45 $500,000 in fiscal year 2001 is for 173.46 expansion of the walleye stocking 173.47 program. This is a one-time 173.48 appropriation. In the next biennium, 173.49 this amount shall be added as a base 173.50 appropriation from revenue deposited in 174.1 the game and fish fund under Minnesota 174.2 Statutes, section 297A.44, subdivision 174.3 1. 174.4 $3,591,000 in fiscal year 2001 from the 174.5 game and fish fund is for fish and 174.6 wildlife management. 174.7 $825,000 in fiscal year 2001 from the 174.8 game and fish fund is for enforcement 174.9 of natural resources laws. 174.10 $60,000 in fiscal year 2001 is from the 174.11 game and fish fund for administration 174.12 and marketing of lifetime licenses. 174.13 The commissioner may use up to 50 174.14 percent of a snowmobile maintenance and 174.15 grooming grant under Minnesota 174.16 Statutes, section 84.83, that was 174.17 available as of December 31, 1999, to 174.18 reimburse the intended recipient for 174.19 the actual cost of snowmobile trail 174.20 grooming equipment. The costs must be 174.21 incurred in fiscal year 2000 and 174.22 recipients seeking reimbursement under 174.23 this paragraph must provide acceptable 174.24 documentation of the costs to the 174.25 commissioner. All applications for 174.26 reimbursement under this paragraph must 174.27 be received no later than September 1, 174.28 2000. 174.29 $1,459,000 in fiscal year 2000 is for 174.30 grants to Lake, Cook, and St. Louis 174.31 counties for emergency communications 174.32 equipment, emergency response 174.33 equipment, and emergency planning and 174.34 training to respond to a major 174.35 wildfire. Of this amount, $227,000 is 174.36 for a grant to Lake county, $430,000 is 174.37 for a grant to Cook county, and 174.38 $802,000 is for a grant to St. Louis 174.39 county. St. Louis county must use a 174.40 portion of the grant to purchase a NOAA 174.41 warning system that can be used by all 174.42 of the counties receiving grants under 174.43 this section. This appropriation is 174.44 available until June 30, 2001. 174.45 $12,304,000 in fiscal year 2001 is from 174.46 the game and fish fund for improvement, 174.47 enhancement, and protection of fish and 174.48 wildlife resources. This appropriation 174.49 is from the revenue deposited to the 174.50 game and fish fund under Minnesota 174.51 Statutes, section 297A.44, subdivision 174.52 1, paragraph (e), clause (1), and is 174.53 subject to the restrictions contained 174.54 in paragraph (e). 174.55 $4,537,000 in fiscal year 2001 is from 174.56 the natural resources fund for state 174.57 park and recreation area operations. 174.58 First priority for money appropriated 174.59 in this paragraph must be to restore 174.60 camping activities during September and 174.61 May at state parks where the camping 174.62 season has been restricted due to 174.63 budget shortfalls. This appropriation 174.64 is from the revenue deposited to the 175.1 natural resources fund under Minnesota 175.2 Statutes, section 297A.44, subdivision 175.3 1, paragraph (e), clause (2). 175.4 $1,000,000 in fiscal year 2001 is from 175.5 the natural resources fund for state 175.6 trail operations. This appropriation 175.7 is from the revenue deposited to the 175.8 natural resources fund under Minnesota 175.9 Statutes, section 297A.44, subdivision 175.10 1, paragraph (e), clause (2). 175.11 $5,537,000 in fiscal year 2001 is from 175.12 the natural resources fund for payment 175.13 of a grant to the metropolitan council 175.14 for metropolitan area regional parks 175.15 and trails maintenance and operations. 175.16 This appropriation is from the revenue 175.17 deposited to the natural resources fund 175.18 under Minnesota Statutes, section 175.19 297A.44, subdivision 1, paragraph (e), 175.20 clause (3). 175.21 $738,000 in fiscal year 2001 is from 175.22 the natural resources fund for trail 175.23 grants to local units of government on 175.24 land to be maintained for at least 20 175.25 years for the purposes of the grant. 175.26 This appropriation is from the revenue 175.27 deposited to the natural resources fund 175.28 under Minnesota Statutes, section 175.29 297A.44, subdivision 1, paragraph (e), 175.30 clause (4). 175.31 $492,000 in fiscal year 2001 is from 175.32 the natural resources fund for grants 175.33 of $164,000 each to the Minnesota 175.34 zoological garden, the city of St. Paul 175.35 for the Como Zoo and Conservatory, and 175.36 the city of Duluth for the Duluth Zoo. 175.37 This appropriation is from the revenue 175.38 deposited to the natural resources fund 175.39 under Minnesota Statutes, section 175.40 297A.44, subdivision 1, paragraph (e), 175.41 clause (5). 175.42 Sec. 4. BOARD OF WATER 175.43 AND SOIL RESOURCES -0- 400,000 175.44 For professional and technical services 175.45 to replace wetlands under Minnesota 175.46 Statutes, section 103G.222, subdivision 175.47 1. This is a one-time appropriation. 175.48 Sec. 5. AGRICULTURE 1,020,000 636,000 175.49 $200,000 is for the farm advocates 175.50 program. This appropriation is a 175.51 one-time appropriation and is available 175.52 until June 30, 2001. 175.53 $287,000 in fiscal year 2001 is to 175.54 expand the concept of the Minnesota 175.55 grown pilot program under Laws 1998, 175.56 chapter 401, section 6. This is a 175.57 one-time appropriation. 175.58 $400,000 in fiscal year 2000 is to 175.59 establish an agricultural water quality 175.60 and quantity management, research, 175.61 demonstration, and education program. 176.1 Of this appropriation, $200,000 is for 176.2 projects at the Lamberton site and 176.3 $200,000 is for projects at the Waseca 176.4 site. The commissioner may contract 176.5 with the University of Minnesota or 176.6 other parties for the implementation of 176.7 parts of the program. This 176.8 appropriation is available until spent 176.9 and is a one-time appropriation. 176.10 $120,000 in fiscal year 2000 and 176.11 $374,000 in fiscal year 2001 are for 176.12 expansion of the state meat inspection 176.13 program. If the appropriation for 176.14 either year is insufficient, the 176.15 appropriation for the other year is 176.16 available. 176.17 $300,000 is appropriated from the 176.18 general fund to the commissioner of 176.19 agriculture for grants to organizations 176.20 participating in the farm wrap network 176.21 and the rural help network. The grants 176.22 may be used for outreach services, 176.23 legal and accounting services, and 176.24 informal mediation support for 176.25 farmers. This is a one-time 176.26 appropriation and is available until 176.27 June 30, 2001. 176.28 The appropriation for fiscal year 2001 176.29 in Laws 1999, chapter 231, section 11, 176.30 subdivision 2, for the dairy producers 176.31 board is canceled. 176.32 Sec. 6. BOARD OF ANIMAL HEALTH 245,000 -0- 176.33 $245,000 in fiscal year 2000 is added 176.34 to the appropriation for pseudorabies 176.35 control in Laws 1999, chapter 45, 176.36 section 1. This appropriation is 176.37 available until June 30, 2001. 176.38 Sec. 7. CITIZENS COUNCIL ON 176.39 VOYAGEURS NATIONAL PARK -0- 65,000 176.40 This is a one-time appropriation. 176.41 Sec. 8. Minnesota Statutes 1998, section 18E.04, 176.42 subdivision 4, is amended to read: 176.43 Subd. 4. [REIMBURSEMENT PAYMENTS.] (a) The board shall pay 176.44 a person that is eligible for reimbursement or payment under 176.45 subdivisions 1, 2, and 3 from the agricultural chemical response 176.46 and reimbursement account for: 176.47 (1) 90 percent of the total reasonable and necessary 176.48 corrective action costs greater than $1,000 and less than or 176.49 equal to $100,000;and176.50 (2) 100 percent of the total reasonable and necessary 176.51 corrective action costs greater than $100,000 but less than or 176.52 equal to $200,000; 177.1 (3) 80 percent of the total reasonable and necessary 177.2 corrective action costs greater than $200,000 but less than or 177.3 equal to $300,000; and 177.4 (4) 60 percent of the total reasonable and necessary 177.5 corrective action costs greater than $300,000 but less than or 177.6 equal to $350,000. 177.7 (b) A reimbursement or payment may not be made until the 177.8 board has determined that the costs are reasonable and are for a 177.9 reimbursement of the costs that were actually incurred. 177.10 (c) The board may make periodic payments or reimbursements 177.11 as corrective action costs are incurred upon receipt of invoices 177.12 for the corrective action costs. 177.13 (d) Money in the agricultural chemical response and 177.14 reimbursement account is appropriated to the commissioner to 177.15 make payments and reimbursements directed by the board under 177.16 this subdivision. 177.17 (e) The board may not make reimbursement greater than the 177.18 maximum allowed under paragraph (a) for all incidents on a 177.19 single site which: 177.20 (1) were not reported at the time of release but were 177.21 discovered and reported after July 1, 1989; and 177.22 (2) may have occurred prior to July 1, 1989, as determined 177.23 by the commissioner. 177.24 (f) The board may only reimburse an eligible person for 177.25 separate incidents within a single site if the commissioner 177.26 determines that each incident is completely separate and 177.27 distinct in respect of location within the single site or time 177.28 of occurrence. 177.29 Sec. 9. [BIG BOG STATE RECREATION AREA.] 177.30 Subdivision 1. [85.013] [Subd. 2c.] [BIG BOG STATE 177.31 RECREATION AREA, BELTRAMI COUNTY.] Big Bog state recreation area 177.32 is established in Beltrami county. 177.33 Subd. 2. [PURPOSE.] The Big Bog state recreation area is 177.34 created to expand and diversify regional recreational 177.35 opportunities and to enrich the cultural, biological, and 177.36 historical opportunities for visitors to an area of the state 178.1 that has suffered severe economic distress. The Big Bog 178.2 recreational area will also enhance public appreciation and 178.3 provide for the long-term protection of a unique ecosystem. 178.4 Subd. 3. [BOUNDARIES.] The following described lands are 178.5 located within the boundaries of Big Bog state recreation area, 178.6 all in Beltrami county: 178.7 (1) Government Lots 1, 2, and 3 of Section 8, Township 154 178.8 North, Range 30 West, EXCEPT a tract in Government Lot 3 178.9 beginning 100 feet North of the South boundary of Government Lot 178.10 3 on the east right-of-way line of State Trunk Highway 72; 178.11 thence northerly 200 feet along said trunk highway; thence East 178.12 to the westerly right-of-way line of old Trunk Highway 72; 178.13 thence southerly 200 feet along said right-of-way line; thence 178.14 westerly to the point of beginning; 178.15 (2) all of Sections 25, 26, and 27; the east Half, the 178.16 Northwest Quarter, and the North Half of the Southwest Quarter 178.17 of Section 34; the North Half and the Southwest Quarter of 178.18 Section 35; the North Half, the East Half of the Southwest 178.19 Quarter, the Southwest Quarter of the Southwest Quarter, the 178.20 West Half of the Southeast Quarter, and the Southeast Quarter of 178.21 the Southeast Quarter of Section 36, all in Township 156 North, 178.22 Range 31 West; and 178.23 (3) all of Sections 1 and 2; the East Half of Section 3; 178.24 the East Half, the Southeast Quarter of the Northwest Quarter, 178.25 the East Half of the Southwest Quarter, and the Southwest 178.26 Quarter of the Southwest Quarter of Section 10; and all of 178.27 Sections 11, 12, 13, 14, and 15, all in Township 155 North, 178.28 Range 31 West. 178.29 Subd. 4. [ADMINISTRATION.] The commissioner of natural 178.30 resources shall administer the area according to Minnesota 178.31 Statutes, section 86A.05, subdivision 3, subject to existing 178.32 rules and regulations for state recreation areas. 178.33 Subd. 5. [CONTINUED LEASE OF LAND IN BIG BOG STATE 178.34 RECREATION AREA.] Notwithstanding Minnesota Statutes, sections 178.35 85.011, 85.013, 85.053, and 86A.05, the commissioner of natural 178.36 resources may continue to lease, upon the terms and conditions 179.1 as the commissioner may prescribe and in the form approved by 179.2 the attorney general, land within the Big Bog state recreation 179.3 area that is included in lease number 144-15-109 to Waskish 179.4 township. 179.5 Sec. 10. [RED RIVER STATE RECREATION AREA.] 179.6 Subdivision 1. [85.013] [Subd. 20a.] [RED RIVER STATE 179.7 RECREATION AREA, POLK COUNTY.] The Red River state recreation 179.8 area is established in Polk county. 179.9 Subd. 2. [BOUNDARIES.] The following described lands are 179.10 located within the boundaries of the Red River state recreation 179.11 area, all in Polk county: 179.12 (1) Lots 3 to 14 of Block 2 including streets and alleys 179.13 adjacent thereto in Riverside Addition; 179.14 (2) Block 1 including streets and alleys adjacent thereto 179.15 in Surprenant's Addition; 179.16 (3) Lots 1 to 24 including streets and alleys adjacent 179.17 thereto in Grigg's Addition; 179.18 (4) Lots 2, 4, 6, 8, 10, and 12 of Block 1, Block 3, Lots 1 179.19 to 10 of Block 4, and Lots 1 to 12 in Blocks A and B including 179.20 streets and alleys adjacent thereto in Grand Forks East; 179.21 (5) Lots 1 to 5 of Block 1 and Blocks 2 to 14 including 179.22 streets and alleys adjacent thereto in Lake Park Addition; 179.23 (6) Lots 1 to 7 and Lots 19 to 24 of Block 2 including 179.24 streets and alleys adjacent thereto in E.B. Frederick's 179.25 Addition; 179.26 (7) Lots 1 to 3 of Block 1 and Blocks 2, 3, and 4 including 179.27 streets and alleys adjacent thereto in Budge's First Addition; 179.28 (8) Lots 1 to 4 of Block 1 including streets and alleys 179.29 adjacent thereto in River Heights 1st Addition; 179.30 (9) Blocks 1 and 2 including streets and alleys adjacent 179.31 thereto in Thompson's Addition; 179.32 (10) Lots 1 to 12 of Block 1, Lots 4 to 12 of Block 2, 179.33 Block 3, and Lots 1 to 4 of Block 4 in Edwards Outlots and 179.34 Outlots 4 to 8 including streets and alleys adjacent thereto in 179.35 Auditor's Plat of Outlots; 179.36 (11) Auditor's Plat of Mrs. Hines' Outlot; 180.1 (12) Lots 6, 8, 10, 12, 14, 16, 18, 20, 22, and 24 of Block 180.2 3 and Lots 1 to 8 of Block 2 including streets and alleys 180.3 adjacent thereto in the Original Townsite of East Grand Forks; 180.4 (13) Blocks 1 to 8 including streets and alleys adjacent 180.5 thereto in Woodland Addition; 180.6 (14) Lots 1, 3, 5, 7, 9, 11, 13, 15, 17, 19, 21, and 23 of 180.7 Block 31 and Blocks 32 to 38 including streets and alleys 180.8 adjacent thereto in Traill's Addition; 180.9 (15) Blocks 2 to 16 including streets and alleys adjacent 180.10 thereto in Elm Grove; 180.11 (16) Block 1, Lots 1 to 11 of Block 2, and Lots 1 to 11 of 180.12 Block 3 including streets and alleys adjacent thereto in O'Leary 180.13 and Ryan's Addition to Elm Grove; 180.14 (17) Lots 6 to 10 of Block 1, Lots 8 to 35 of Block 2, 180.15 Blocks 3, 4, and 5 including streets and alleys adjacent thereto 180.16 in Folson Park Addition; 180.17 (18) Lots 1 to 6 of Block 1 in Jerome's Addition; 180.18 (19) Lots 1 to 4 of Block 3 in Prestige Addition; 180.19 (20) Lots 1 to 14 of Block 1 in Riverview Addition; 180.20 (21) Lots 6 to 16 of Block 3 in Riverview 3rd Addition; 180.21 (22) Lots 1 to 4 of Block 1 in Riverview 4th Addition; 180.22 (23) Lots 1 and 2 of Block 1 in Riverview 5th Addition; 180.23 (24) Lots 1 to 9 of Block 1 and Outlot A in Riverview 6th 180.24 Addition; 180.25 (25) Lots 1 to 18 of Block 1 and Lots 1 to 5 of Block 2 180.26 including streets and alleys adjacent thereto in Timberline 2nd 180.27 Addition; 180.28 (26) Lots 14 to 16 of Block 1 including streets and alleys 180.29 adjacent thereto in Timberline Addition; 180.30 (27) Lots 19 and 20 including streets and alleys adjacent 180.31 thereto in Murphy's Outlots; 180.32 (28) Lots 1 to 10 of Block 1 including streets and alleys 180.33 thereto in Croy's 2nd Addition; 180.34 (29) Lots 1 to 6 of Block 1 including the streets and 180.35 alleys adjacent thereto in Point of Woods 2nd Addition; 180.36 (30) Lots 1 to 6 of Block 1 including the streets and 181.1 alleys adjacent thereto in Point of Woods Addition; 181.2 (31) the unplatted portions of Government Lots 1, 2, and 3 181.3 of Section 35, Township 152 North, Range 50 West; 181.4 (32) all of Government Lot 7, the unplatted portion of 181.5 Government Lot 9, and that part of Government Lots 6 and 8 and 181.6 the Southeast Quarter of the Southeast Quarter lying 181.7 southwesterly of the southwesterly right-of-way line of the 181.8 Burlington Northern and Santa Fe Railroad of Section 1, Township 181.9 151 North, Range 50 West; 181.10 (33) the unplatted portions of Government Lots 2, 3, 4, 5, 181.11 and 6 of Section 2, Township 151 North, Range 50 West; 181.12 (34) all of Government Lots 1 and 2 of Section 11, Township 181.13 151 North, Range 50 West; 181.14 (35) all of Government Lots 1, 7, and 11, the unplatted 181.15 portions of Government Lots 3, 5, 9, and 10, and the Northeast 181.16 Quarter of the Northwest Quarter of Section 12, Township 151 181.17 North, Range 50; 181.18 (36) all of Government Lots 1 and 2, the Southwest Quarter 181.19 of the Northwest Quarter, and the Northwest Quarter of the 181.20 Southwest Quarter of Section 13, Township 151 North, Range 50 181.21 West; 181.22 (37) all of Government Lots 1, 2, 3, and 4 of Section 14; 181.23 Township 151 North, Range 50 West; 181.24 (38) that part of Government Lot 7 lying southwesterly of 181.25 the southwesterly right-of-way line of the Burlington Northern 181.26 and Santa Fe Railroad of Section 6, Township 151 North, Range 49 181.27 West; and 181.28 (39) all of Government Lots 2, 6, 7, and 9, the Northwest 181.29 Quarter of the Northeast Quarter, the Northeast Quarter of the 181.30 Northeast Quarter, the unplatted portions of Government Lots 3 181.31 and 5, and that part of Government Lot 1 and the Northeast 181.32 Quarter of the Northwest Quarter lying southwesterly of the 181.33 southwesterly right-of-way line of the Burlington Northern and 181.34 Santa Fe Railroad of Section 7, Township 151 North, Range 49 181.35 West. 181.36 Subd. 3. [ADMINISTRATION.] The commissioner of natural 182.1 resources shall administer the area according to Minnesota 182.2 Statutes, section 86A.05, subdivision 3, subject to existing 182.3 rules and regulations for state recreation areas. The 182.4 commissioner shall appoint a citizens' oversight committee to 182.5 assist with developing and managing the area. The committee 182.6 shall serve without compensation and is exempt from Minnesota 182.7 Statutes, section 15.059. 182.8 Sec. 11. Minnesota Statutes 1998, section 85.34, 182.9 subdivision 1, is amended to read: 182.10 Subdivision 1. The commissioner of natural resources with 182.11 the approval of the Executive Council may lease for purposes of 182.12 restoration, preservation, historical, recreational, 182.13 educational, and commercial use and development, that portion of 182.14 Fort Snelling state park known as the upper bluff consisting of 182.15 officer's rowand, area J, the polo grounds, the adjacent golf 182.16 course, andresidential, storage and serviceall buildings and 182.17 improvements located thereon, all lying within an area bounded 182.18 by Minneapolis-St. Paul International Airport, trunkhighway182.19 highways numbered 5 and 55, Taylor avenue, Minnehaha avenue, and 182.20 Bloomington Road. The lease or leases shall be in a form 182.21 approved by the attorney general and for a term of not to exceed 182.22 99 years. The lease or leases may provide for the provision of 182.23 capital improvements or other performance by the tenant or 182.24 tenants in lieu of all or some of the payments of rent that 182.25 would otherwise be required. 182.26 Sec. 12. Minnesota Statutes 1998, section 85.34, is 182.27 amended by adding a subdivision to read: 182.28 Subd. 4. All receipts derived from the leasing or 182.29 operation of the property described in subdivision 1 shall be 182.30 deposited in the state treasury and be credited to the state 182.31 parks working capital account designated in section 85.22, 182.32 subdivision 1. Receipts and expenses from the leasing or 182.33 operation of the property described in subdivision 1 shall be 182.34 tracked separately within the account. Money in the account 182.35 derived from the leasing or operation of the property described 182.36 in subdivision 1 is annually appropriated for the payment of 183.1 expenses attributable to the leasing and operation of the 183.2 property described in subdivision 1, included but not limited to 183.3 the maintenance, repair, and rehabilitation of historic 183.4 buildings and landscapes. Any excess receipts in this account 183.5 are annually appropriated for historic preservation purposes 183.6 within state parks. 183.7 Sec. 13. Minnesota Statutes 1998, section 85.34, is 183.8 amended by adding a subdivision to read: 183.9 Subd. 5. The commissioner of natural resources may provide 183.10 an exception, in whole or in part, to the rules for use of state 183.11 parks and other recreational areas for property leased pursuant 183.12 to subdivision 1. The exception may be provided by 183.13 commissioner's order and shall be effective for the term of the 183.14 lease or such lesser period of time specified by the 183.15 commissioner. 183.16 Sec. 14. Minnesota Statutes 1998, section 97A.055, 183.17 subdivision 1, is amended to read: 183.18 Subdivision 1. [ESTABLISHMENT; PURPOSES.] The game and 183.19 fish fund is established as a fund in the state treasury. Money 183.20 appropriated from this fund must be spent in accordance with the 183.21 Federal Aid in Wildlife Restoration Act, as provided by United 183.22 States Code, title 16, sections 669 to 669i, and the Federal Aid 183.23 in Sport Fish Restoration Act, as provided by United States 183.24 Code, title 16, sections 777 to 777k. 183.25 Sec. 15. Minnesota Statutes 1998, section 97A.055, 183.26 subdivision 2, is amended to read: 183.27 Subd. 2. [RECEIPTS.] The state treasurer shall credit to 183.28 the game and fish fund all money received under the game and 183.29 fish laws including receipts from: 183.30 (1) licenses issued; 183.31 (2) fines and forfeited bail; 183.32 (3) sales of contraband, wild animals, and other property 183.33 under the control of the division; 183.34 (4) fees from advanced education courses for hunters and 183.35 trappers; 183.36 (5) reimbursements of expenditures by the division;and184.1 (6) contributions to the division; and 184.2 (7) revenue credited to the game and fish fund under 184.3 section 297A.44, subdivision 1, paragraph (e), clause (1). 184.4 Sec. 16. Minnesota Statutes 1998, section 97A.071, 184.5 subdivision 2, is amended to read: 184.6 Subd. 2. [REVENUE FROM THE SMALL GAME LICENSE SURCHARGE.] 184.7 Revenue from the small game surcharge and $4 annually from the 184.8 lifetime fish and wildlife trust fund, established in sections 184.9 97A.4742, for each license issued under section 97A.473, 184.10 subdivisions 3 and 5, and 97A.474, subdivision 3, shall be 184.11 credited to the wildlife acquisition account and the money in 184.12 the account shall be used by the commissioner only for the 184.13 purposes of this section, and acquisition and development of 184.14 wildlife lands under section 97A.145 and maintenance of the 184.15 lands, in accordance with appropriations made by the legislature. 184.16 Sec. 17. Minnesota Statutes 1999 Supplement, section 184.17 97A.075, subdivision 1, is amended to read: 184.18 Subdivision 1. [DEER AND BEAR LICENSES.] (a) For purposes 184.19 of this subdivision, "deer license" means a license issued under 184.20 section 97A.475, subdivisions 2, clauses (4), (5), and (9), and 184.21 3, clauses (2), (3), and (7), and licenses issued under section 184.22 97B.301, subdivision 4. 184.23 (b) At least $2 from each annual deer license and $2 184.24 annually from the lifetime fish and wildlife trust fund, 184.25 established in section 97A.4742, for each license issued under 184.26 section 97A.473, subdivision 4, shall be used for deer habitat 184.27 improvement or deer management programs. 184.28 (c) At least $1 from each annual deer license and each bear 184.29 license and $1 annually from the lifetime fish and wildlife 184.30 trust fund, established in section 97A.4742, for each license 184.31 issued under section 97A.473, subdivision 4, shall be used for 184.32 deer and bear management programs, including a computerized 184.33 licensing system. Fifty cents from each deer license is 184.34 appropriated for emergency deer feeding. Money appropriated for 184.35 emergency deer feeding is available until expended. When the 184.36 unencumbered balance in the appropriation for emergency deer 185.1 feeding at the end of a fiscal year exceeds $1,500,000 for the 185.2 first time, $750,000 is canceled to the unappropriated balance 185.3 of the game and fish fund. 185.4 Thereafter, when the unencumbered balance in the 185.5 appropriation for emergency deer feeding exceeds $1,500,000 at 185.6 the end of a fiscal year, the unencumbered balance in excess of 185.7 $1,500,000 is canceled and available for deer and bear 185.8 management programs and computerized licensing. 185.9 Sec. 18. Minnesota Statutes 1998, section 97A.411, 185.10 subdivision 1, is amended to read: 185.11 Subdivision 1. [LICENSE PERIOD.] (a) Except as provided in 185.12 paragraphs (b)and, (c), and (d), a license is valid during the 185.13 lawful time within the license year that the licensed activity 185.14 may be performed. A license year begins on the first day of 185.15 March and ends on the last day of February. 185.16 (b) A license issued under section 97A.475, subdivision 6, 185.17 clause (5), 97A.475, subdivision 7, clause (2), (3), (5), or 185.18 (6), or 97A.475, subdivision 12, clause (2), is valid for the 185.19 full license period even if this period extends into the next 185.20 license year, provided that the license period selected by the 185.21 licensee begins at the time of issuance. 185.22 (c) When the last day of February falls on a Saturday, an 185.23 annual resident or nonresident fish house or dark house license, 185.24 including a rental fish house or dark house license, obtained 185.25 for the license year covering the last day of February, is valid 185.26 through Sunday, March 1 and the angling license of the fish 185.27 house licensee is extended through March 1. 185.28 (d) A lifetime license issued under section 97A.473 or 185.29 97A.474 is valid during the lawful time within the license year 185.30 that the licensed activity may be performed for the lifetime of 185.31 the licensee. 185.32 Sec. 19. Minnesota Statutes 1998, section 97A.421, is 185.33 amended to read: 185.34 97A.421 [VALIDITY AND ISSUANCE OF LICENSES AFTER 185.35 CONVICTION.] 185.36 Subdivision 1. [GENERAL.] (a) The annual license of a 186.1 person convicted of a violation of the game and fish laws 186.2 relating to the license or wild animals covered by the license 186.3 is void when: 186.4 (1) a second conviction occurs within three years under a 186.5 license to take small game or to take fish by angling or 186.6 spearing; 186.7 (2) a third conviction occurs within one year under a 186.8 minnow dealer's license; 186.9 (3) a second conviction occurs within three years for 186.10 violations of section 97A.425 that do not involve falsifications 186.11 or intentional omissions of information required to be recorded, 186.12 or attempts to conceal unlawful acts within the records; 186.13 (4) two or more misdemeanor convictions occur within a 186.14 three-year period under a private fish hatchery license; or 186.15 (5) the conviction occurs under a license not described in 186.16 clause (1), (2), or (4) or is for a violation of section 97A.425 186.17 not described in clause (3). 186.18 (b) Except for big game licenses and as otherwise provided 186.19 in this section, for one year after the conviction the person 186.20 may not obtain the kind of license or take wild animals under a 186.21 lifetime license, issued under section 97A.473 or 97A.474, 186.22 relating to the game and fish law violation. 186.23 Subd. 2. [ISSUANCE OF LICENSE AFTER CONVICTION FOR BUYING 186.24 AND SELLING WILD ANIMALS.] A person may not obtain a license to 186.25 take any wild animal or take wild animals under a lifetime 186.26 license, issued under section 97A.473 or 97A.474, for a period 186.27 of three years after being convicted of buying or selling game 186.28 fish, big game, or small game, and the total amount of the sale 186.29 is $300 or more. 186.30 Subd. 3. [ISSUANCE OF A BIG GAME LICENSE AFTER 186.31 CONVICTION.] A person may not obtain any big game license or 186.32 take big game under a lifetime license, issued under section 186.33 97A.473, for three years after the person is convicted of: 186.34 (1) a gross misdemeanor violation under the game and fish 186.35 laws relating to big game; 186.36 (2) doing an act without a required big game license; or 187.1 (3) the second violation within three years under the game 187.2 and fish laws relating to big game. 187.3 Subd. 4. [ISSUANCE AFTER INTOXICATION OR NARCOTICS 187.4 CONVICTION.] A person convicted of a violation under section 187.5 97B.065, relating to hunting while intoxicated or using 187.6 narcotics, may not obtain a license to hunt with a firearm or by 187.7 archery or hunt with a firearm under a lifetime license, issued 187.8 under section 97A.473 or 97A.474, for five years after 187.9 conviction. 187.10 Subd. 5. [COMMISSIONER MAY REINSTATE CERTAIN LICENSES 187.11 AFTER CONVICTION.] If the commissioner determines that the 187.12 public welfare will not be injured, the commissioner may 187.13 reinstate licenses voided under subdivision 1 and issue licenses 187.14 to persons ineligible under subdivision 2. The commissioner's 187.15 authority applies only to licenses to: 187.16 (1) maintain and operate fur or game farms or private fish 187.17 hatcheries; 187.18 (2) take fish commercially in Lake of the Woods, Rainy 187.19 Lake, Namakan Lake, or Lake Superior; 187.20 (3) buy fish from Lake of the Woods, Rainy Lake, Namakan 187.21 Lake, or Lake Superior commercial fishing licensees; and 187.22 (4) sell live minnows. 187.23 Subd. 6. [APPLICABILITY TO MOOSE OR ELK LICENSES.] In this 187.24 section the term "license" includes an application for a license 187.25 to take either moose or elk. 187.26 Sec. 20. [97A.473] [RESIDENT LIFETIME LICENSES.] 187.27 Subdivision 1. [RESIDENT LIFETIME LICENSES 187.28 AUTHORIZED.] (a) The commissioner may issue a lifetime angling 187.29 license, a lifetime small game hunting license, a lifetime 187.30 firearms deer license, or a lifetime sporting license to a 187.31 person who is a resident of the state for at least one year or 187.32 who is under age 21 and the child of a person who is a resident 187.33 of the state for at least one year. The license fees paid for a 187.34 lifetime license are nonrefundable. 187.35 (b) The commissioner may require the holder of a lifetime 187.36 license issued under this section to notify the department each 188.1 year that the license is used, by: 188.2 (1) telephone or Internet notification, as specified by the 188.3 commissioner; 188.4 (2) the purchase of stamps for the license; or 188.5 (3) registration and tag issuance, in the case of the 188.6 resident lifetime deer license. 188.7 Subd. 2. [LIFETIME ANGLING LICENSE; FEE.] (a) A resident 188.8 lifetime angling license authorizes a person to take fish by 188.9 angling in the state. The license authorizes those activities 188.10 authorized by the annual resident angling license. The license 188.11 does not include a trout and salmon stamp or other stamps 188.12 required by law. 188.13 (b) The fees for a resident lifetime angling license are: 188.14 (1) age 3 and under, $227; 188.15 (2) age 4 to age 15, $300; 188.16 (3) age 16 to age 50, $383; and 188.17 (4) age 51 and over, $203. 188.18 Subd. 3. [LIFETIME SMALL GAME HUNTING LICENSE; FEE.] (a) A 188.19 resident lifetime small game hunting license authorizes a person 188.20 to hunt small game in the state. The license authorizes those 188.21 hunting activities authorized by the annual resident small game 188.22 hunting license. The license does not include any of the 188.23 hunting stamps required by law. 188.24 (b) The fees for a resident lifetime small game hunting 188.25 license are: 188.26 (1) age 3 and under, $217; 188.27 (2) age 4 to age 15, $290; 188.28 (3) age 16 to age 50, $363; and 188.29 (4) age 51 and over, $213. 188.30 Subd. 4. [LIFETIME FIREARM DEER HUNTING LICENSE; FEE.] (a) 188.31 A resident lifetime firearm deer hunting license authorizes a 188.32 person to take deer with firearms in the state. The license 188.33 authorizes those activities authorized by the annual resident 188.34 firearm deer hunting license. The licensee must register and 188.35 receive tags each year that the license is used. The tags shall 188.36 be issued at no charge to the licensee. 189.1 (b) The fees for a resident lifetime firearm deer hunting 189.2 license are: 189.3 (1) age 3 and under, $337; 189.4 (2) age 4 to age 15, $450; 189.5 (3) age 16 to age 50, $573; and 189.6 (4) age 51 and over, $383. 189.7 Subd. 5. [LIFETIME SPORTING LICENSE; FEE.] (a) A resident 189.8 lifetime sporting license authorizes a person to take fish by 189.9 angling and hunt small game in the state. The license 189.10 authorizes those activities authorized by the annual resident 189.11 angling and resident small game hunting licenses. The license 189.12 does not include a trout and salmon stamp or any of the hunting 189.13 stamps required by law. 189.14 (b) The fees for a resident lifetime sporting license are: 189.15 (1) age 3 and under, $357; 189.16 (2) age 4 to age 15, $480; 189.17 (3) age 16 to age 50, $613; and 189.18 (4) age 51 and over, $413. 189.19 Sec. 21. [97A.474] [NONRESIDENT LIFETIME LICENSES.] 189.20 Subdivision 1. [NONRESIDENT LIFETIME LICENSES AUTHORIZED.] 189.21 (a) The commissioner may issue a lifetime angling license or a 189.22 lifetime small game hunting license to a nonresident. The 189.23 license fees paid for a lifetime license are nonrefundable. 189.24 (b) The commissioner may require the holder of a lifetime 189.25 license issued under this section to notify the department each 189.26 year that the license is used, by: 189.27 (1) telephone or Internet notification, as specified by the 189.28 commissioner; or 189.29 (2) the purchase of stamps for the license. 189.30 Subd. 2. [NONRESIDENT LIFETIME ANGLING LICENSE; FEE.] (a) 189.31 A nonresident lifetime angling license authorizes a person to 189.32 take fish by angling in the state. The license authorizes those 189.33 activities authorized by the annual nonresident angling 189.34 license. The license does not include a trout and salmon stamp 189.35 or other stamps required by law. 189.36 (b) The fees for a nonresident lifetime angling license are: 190.1 (1) age 3 and under, $447; 190.2 (2) age 4 to age 15, $600; 190.3 (3) age 16 to age 50, $773; and 190.4 (4) age 51 and over, $513. 190.5 Subd. 3. [NONRESIDENT LIFETIME SMALL GAME HUNTING LICENSE; 190.6 FEE.] (a) A nonresident lifetime small game hunting license 190.7 authorizes a person to hunt small game in the state. The 190.8 license authorizes those hunting activities authorized by the 190.9 annual nonresident small game hunting license. The license does 190.10 not include any of the hunting stamps required by law. 190.11 (b) The fees for a nonresident lifetime small game hunting 190.12 license are: 190.13 (1) age 3 and under, $947; 190.14 (2) age 4 to age 15, $1,280; 190.15 (3) age 16 to age 50, $1,633; and 190.16 (4) age 51 and over, $1,083. 190.17 Sec. 22. [97A.4742] [LIFETIME FISH AND WILDLIFE TRUST 190.18 FUND.] 190.19 Subdivision 1. [ESTABLISHMENT; PURPOSE.] The lifetime fish 190.20 and wildlife trust fund is established as a fund in the state 190.21 treasury. All money received from the issuance of lifetime 190.22 angling, small game hunting, firearm deer hunting, and sporting 190.23 licenses and earnings on the fund shall be credited to the 190.24 lifetime fish and wildlife trust fund. 190.25 Subd. 2. [INVESTMENT OF FUND; USE OF INCOME FROM 190.26 FUND.] Money in the lifetime fish and wildlife trust fund shall 190.27 be invested by the state investment board to secure the maximum 190.28 return consistent with the maintenance of the perpetuity of the 190.29 fund. The income received and accruing from investments of the 190.30 fund shall be deposited in the lifetime fish and wildlife trust 190.31 fund. Each year the commissioner of finance shall transfer from 190.32 the lifetime fish and wildlife trust fund to the game and fish 190.33 fund an amount equal to the amount that would otherwise have 190.34 been collected from annual license fees for each lifetime 190.35 license. Surcharge amounts shall be transferred based on 190.36 sections 97A.071, subdivision 2, and 97A.075, subdivision 1. 191.1 Subd. 3. [LIFETIME LICENSE FEES.] By October 15 of each 191.2 even-numbered year, the commissioner shall report on the 191.3 adequacy of lifetime license fees and make specific requests for 191.4 fee adjustments for the lifetime licenses to the legislative 191.5 committees with jurisdiction over environment and natural 191.6 resources finance and the commissioner of finance. The 191.7 commissioner of finance shall review the fee report and make 191.8 recommendations to the governor and legislature for each fee 191.9 category under sections 97A.473 and 97A.474, as part of the 191.10 biennial budget, under sections 16A.10 and 16A.11. 191.11 Subd. 4. [ANNUAL REPORT.] By November 15 each year, the 191.12 commissioner shall submit a report to the legislative committees 191.13 having jurisdiction over environment and natural resources 191.14 appropriations and environment and natural resources policy. 191.15 The report shall state the amount of revenue received in and 191.16 expenditures made from revenue transferred from the lifetime 191.17 fish and wildlife trust fund to the game and fish fund and shall 191.18 describe projects funded, locations of the projects, and results 191.19 and benefits from the projects. The report may be included in 191.20 the game and fish fund report required by section 97A.055, 191.21 subdivision 4. The commissioner shall make the annual report 191.22 available to the public. 191.23 Sec. 23. Minnesota Statutes 1998, section 97A.475, 191.24 subdivision 2, is amended to read: 191.25 Subd. 2. [RESIDENT HUNTING.] Fees for the following 191.26 licenses, to be issued to residents only, are: 191.27 (1) for persons under age 65 to take small game,$10$12; 191.28 (2) for persons age 65 or over,$5$6; 191.29 (3) to take turkey,$16$18; 191.30 (4) to take deer with firearms,$22$25; 191.31 (5) to take deer by archery,$22$25; 191.32 (6) to take moose, for a party of not more than six 191.33 persons,$275$310; 191.34 (7) to take bear,$33$38; 191.35 (8) to take elk, for a party of not more than two 191.36 persons,$220$250; 192.1 (9) to take antlered deer in more than one zone,$44$50; 192.2 and 192.3 (10) to take Canada geese during a special season,$3$4. 192.4 Sec. 24. Minnesota Statutes 1998, section 97A.475, 192.5 subdivision 3, is amended to read: 192.6 Subd. 3. [NONRESIDENT HUNTING.] Fees for the following 192.7 licenses, to be issued to nonresidents, are: 192.8 (1) to take small game,$56$73; 192.9 (2) to take deer with firearms,$110$125; 192.10 (3) to take deer by archery,$110$125; 192.11 (4) to take bear,$165$195; 192.12 (5) to take turkey,$56$73; 192.13 (6) to take raccoon, bobcat, fox, coyote, or 192.14 lynx,$137.50$155; 192.15 (7) to take antlered deer in more than one zone,$220$250; 192.16 and 192.17 (8) to take Canada geese during a special season,$3$4. 192.18 Sec. 25. Minnesota Statutes 1998, section 97A.475, 192.19 subdivision 4, is amended to read: 192.20 Subd. 4. [SMALL GAME SURCHARGE.] Fees for annual licenses 192.21 to take small game must be increased by a surcharge of $4. An 192.22 additional commission may not be assessed on the surcharge and 192.23 this must be stated on the back of the license with the 192.24 following statement: "This $4 surcharge is being paid by 192.25 hunters for the acquisition and development of wildlife lands." 192.26 Sec. 26. Minnesota Statutes 1998, section 97A.475, 192.27 subdivision 6, is amended to read: 192.28 Subd. 6. [RESIDENT FISHING.] Fees for the following 192.29 licenses, to be issued to residents only, are: 192.30 (1) to take fish by angling, for persons under age 192.31 65,$15$17; 192.32 (2) to take fish by angling, for persons age 65 and 192.33 over,$5.50$6.50; 192.34 (3) to take fish by angling, for a combined license for a 192.35 married couple,$20.50$25; 192.36 (4) to take fish by spearing from a dark house,$15$17; 193.1 and 193.2 (5) to take fish by angling for a 24-hour period selected 193.3 by the licensee,$8$8.50. 193.4 Sec. 27. Minnesota Statutes 1998, section 97A.475, 193.5 subdivision 7, is amended to read: 193.6 Subd. 7. [NONRESIDENT FISHING.] Fees for the following 193.7 licenses, to be issued to nonresidents, are: 193.8 (1) to take fish by angling,$31$34; 193.9 (2) to take fish by angling limited to seven consecutive 193.10 days selected by the licensee,$21.50$24; 193.11 (3) to take fish by angling for a 72-hour period selected 193.12 by the licensee,$18$20; 193.13 (4) to take fish by angling for a combined license for a 193.14 family,$41.50$46; 193.15 (5) to take fish by angling for a 24-hour period selected 193.16 by the licensee,$8$8.50; and 193.17 (6) to take fish by angling for a combined license for a 193.18 married couple, limited to 14 consecutive days selected by one 193.19 of the licensees,$32$35. 193.20 Sec. 28. Minnesota Statutes 1998, section 97A.475, 193.21 subdivision 8, is amended to read: 193.22 Subd. 8. [MINNESOTA SPORTING.] The commissioner shall 193.23 issue Minnesota sporting licenses to residents only. The 193.24 licensee may take fish by angling and small game. The fee for 193.25 the license is: 193.26 (1) for an individual,$20$23; and 193.27 (2) for a combined license for a married couple to take 193.28 fish and for one spouse to take small game,$27.50$32. 193.29 Sec. 29. Minnesota Statutes 1998, section 97A.475, 193.30 subdivision 11, is amended to read: 193.31 Subd. 11. [FISH HOUSES AND DARK HOUSES; RESIDENTS.] Fees 193.32 for the following licenses are: 193.33 (1) for a fish house or dark house that is not 193.34 rented,$10$11.50; and 193.35 (2) for a fish house or dark house that is rented,$23$26. 193.36 Sec. 30. Minnesota Statutes 1998, section 97A.475, 194.1 subdivision 12, is amended to read: 194.2 Subd. 12. [FISH HOUSES; NONRESIDENT.] Fees for fish house 194.3 licenses for a nonresident are: 194.4 (1) annual,$31.50$33; and 194.5 (2) seven consecutive days,$18.50$19. 194.6 Sec. 31. Minnesota Statutes 1998, section 97A.475, 194.7 subdivision 13, is amended to read: 194.8 Subd. 13. [NETTING WHITEFISH AND CISCOES FOR PERSONAL 194.9 CONSUMPTION.] The fee for a license to net whitefish and ciscoes 194.10 in inland lakes and international waters for personal 194.11 consumption is, for each net,$9$10. 194.12 Sec. 32. Minnesota Statutes 1998, section 97A.475, 194.13 subdivision 20, is amended to read: 194.14 Subd. 20. [TRAPPING LICENSE.] The fee for a license to 194.15 trap fur-bearing animals is: 194.16 (1) for persons over age 13 and under age 18,$5.50$6; and 194.17 (2) for persons age 18 and older,$18$20. 194.18 Sec. 33. Minnesota Statutes 1998, section 97A.485, 194.19 subdivision 12, is amended to read: 194.20 Subd. 12. [YOUTH DEER LICENSE.] The commissioner may, for 194.21 a fee of$5$5.50, issue to a resident under the age of 16 a 194.22 license, without a tag, to take deer with firearms. A youth 194.23 holding a license issued under this subdivision may hunt under 194.24 the license only if accompanied by a licensed hunter who is at 194.25 least 18 years of age and possesses a valid tag. A deer taken 194.26 by a youth holding a license issued under this subdivision must 194.27 be promptly tagged by the licensed hunter accompanying the 194.28 youth. Section 97B.301, subdivision 6, does not apply to a 194.29 youth holding a license issued under this subdivision. 194.30 Sec. 34. Minnesota Statutes 1999 Supplement, section 194.31 97B.020, is amended to read: 194.32 97B.020 [FIREARMS SAFETY CERTIFICATE REQUIRED.] 194.33 Except as provided in this section, a person born after 194.34 December 31, 1979, may not obtainaan annual license to take 194.35 wild animals by firearms unless the person has a firearms safety 194.36 certificate or equivalent certificate, driver's license or 195.1 identification card with a valid firearms safety qualification 195.2 indicator issued under section 171.07, subdivision 13, previous 195.3 hunting license, or other evidence indicating that the person 195.4 has completed in this state or in another state a hunter safety 195.5 course recognized by the department under a reciprocity 195.6 agreement. A person who is on active duty and has successfully 195.7 completed basic training in the United States armed forces, 195.8 reserve component, or national guard may obtain a hunting 195.9 license or approval authorizing hunting regardless of whether 195.10 the person is issued a firearms safety certificate. 195.11 Sec. 35. Minnesota Statutes 1998, section 115B.17, 195.12 subdivision 19, is amended to read: 195.13 Subd. 19. [REIMBURSEMENT UNDER CERTAIN SETTLEMENTS.] (a) 195.14 When the agency determines that some but not all persons 195.15 responsible for a release are willing to implement response 195.16 actions, the agency may agree, pursuant to a settlement of its 195.17 claims under sections 115B.01 to 115B.18, to reimburse the 195.18 settling parties for response costs incurred to take the 195.19 actions. The agency may agree to reimburse any amount which 195.20 does not exceed the amount that the agency estimates may be 195.21 attributable to the liability of responsible persons who are not 195.22 parties to the settlement. Reimbursement may be provided only 195.23 for the cost of conducting remedial design and constructing 195.24 remedial action pursuant to the terms of the settlement. 195.25 Reimbursement under this subdivision shall be paid only upon the 195.26 agency's determination that the remedial action approved by the 195.27 agency has been completed in accordance with the terms of the 195.28 settlement. The agency may use money appropriated to it for 195.29 actions authorized under section 115B.20, subdivision 2, clause 195.30 (2), to pay reimbursement under this subdivision. 195.31 (b) The agency may agree to provide reimbursement under a 195.32 settlement only when all of the following requirements have been 195.33 met: 195.34 (1) the agency has made the determination under paragraph 195.35 (c) regarding persons who are not participating in the 195.36 settlement, and has provided written notice to persons 196.1 identified under paragraph (c), clauses (1) and (2), of their 196.2 opportunity to participate in the settlement or in a separate 196.3 settlement under subdivision 20; 196.4 (2) the release addressed in the settlement has been 196.5 assigned a priority pursuant to agency rules adopted under 196.6 subdivision 13, and the priority is at least as high as a 196.7 release for which the agency would be allowed to allocate funds 196.8 for remedial action under the rules; 196.9 (3) an investigation of the release addressed in the 196.10 settlement has been completed in accordance with a plan approved 196.11 by the agency; and 196.12 (4) the agency has approved the remedial action to be 196.13 implemented under the settlement. 196.14 (c) Before entering into a settlement providing for 196.15 reimbursement under this subdivision, the agency shall determine 196.16 that there are one or more persons who meet any of the following 196.17 criteria who are not participating in the settlement: 196.18 (1) persons identified by the agency as responsible for the 196.19 release addressed in the settlement but who are likely to have 196.20 only minimal involvement in actions leading to the release, or 196.21 are insolvent or financially unable to pay any significant share 196.22 of response action costs; 196.23 (2) persons identified by the agency as responsible for the 196.24 release other than persons described in clause (1) and who are 196.25 unwilling to participate in the settlement or to take response 196.26 actions with respect to the release; 196.27 (3) persons whom the agency has reason to believe are 196.28 responsible for the release addressed in the settlement but whom 196.29 the agency has been unable to identify; or 196.30 (4) persons identified to the agency by a party to the 196.31 proposed settlement as persons who are potentially responsible 196.32 for the release but for whom the agency has insufficient 196.33 information to determine responsibility. 196.34 (d) Except as otherwise provided in this subdivision, a 196.35 decision of the agency under this subdivision to offer or agree 196.36 to provide reimbursement in any settlement, or to determine the 197.1 amount of reimbursement it will provide under a settlement, is a 197.2 matter of agency discretion in the exercise of its enforcement 197.3 authority. In exercising discretion in this matter, the agency 197.4 may consider, among other factors, the degree of cooperation 197.5 with the agency that has been shown prior to the settlement by 197.6 the parties seeking reimbursement. 197.7 (e) The agency may require as a term of settlement under 197.8 this subdivision that the parties receiving reimbursement from 197.9 the agency waive any rights they may have to bring a claim for 197.10 contribution against persons who are not parties to the 197.11 settlement. 197.12 (f) Notwithstanding any provision to the contrary in 197.13 paragraphs (a) to (e), until June 30, 2001, the agency may use 197.14 the authority under this subdivision to enter into agreements 197.15 for the implementation of a portion of an approved response 197.16 action plan and to provide funds in the form of a grant for the 197.17 purpose of implementing the agreement. The amount paid for 197.18 implementing a portion of an approved response action plan may 197.19 not exceed the proportion of the costs of the response action 197.20 plan which are attributable to the liability of responsible 197.21 persons who are not parties to the agreement. 197.22 (g) A decision of the agency under paragraph (f) to offer 197.23 or agree to provide funds in any agreement or to determine the 197.24 specific remedial actions included in any agreement to implement 197.25 an approved action plan or the amount of funds the agency will 197.26 provide under an agreement is a matter of agency discretion in 197.27 the exercise of its enforcement authority. 197.28 Sec. 36. Minnesota Statutes 1998, section 297A.44, 197.29 subdivision 1, is amended to read: 197.30 Subdivision 1. (a) Except as provided in paragraphs (b) to 197.31(d)(f), all revenues, including interest and penalties, derived 197.32 from the excise and use taxes imposed by sections 297A.01 to 197.33 297A.44 shall be deposited by the commissioner in the state 197.34 treasury and credited to the general fund. 197.35 (b) All excise and use taxes derived from sales and use of 197.36 property and services purchased for the construction and 198.1 operation of an agricultural resource project, from and after 198.2 the date on which a conditional commitment for a loan guaranty 198.3 for the project is made pursuant to section 41A.04, subdivision 198.4 3, shall be deposited in the Minnesota agricultural and economic 198.5 account in the special revenue fund. The commissioner of 198.6 finance shall certify to the commissioner the date on which the 198.7 project received the conditional commitment. The amount 198.8 deposited in the loan guaranty account shall be reduced by any 198.9 refunds and by the costs incurred by the department of revenue 198.10 to administer and enforce the assessment and collection of the 198.11 taxes. 198.12 (c) All revenues, including interest and penalties, derived 198.13 from the excise and use taxes imposed on sales and purchases 198.14 included in section 297A.01, subdivision 3, paragraphs (d) and 198.15 (k), clauses (1) and (2), must be deposited by the commissioner 198.16 in the state treasury, and credited as follows: 198.17 (1) first to the general obligation special tax bond debt 198.18 service account in each fiscal year the amount required by 198.19 section 16A.661, subdivision 3, paragraph (b); and 198.20 (2) after the requirements of clause (1) have been met, the 198.21 balance must be credited to the general fund. 198.22 (d) The revenues, including interest and penalties, 198.23 collected under section 297A.135, subdivision 5, shall be 198.24 deposited by the commissioner in the state treasury and credited 198.25 to the general fund. By July 15 of each year the commissioner 198.26 shall transfer to the highway user tax distribution fund an 198.27 amount equal to the excess fees collected under section 198.28 297A.135, subdivision 5, for the previous calendar year. 198.29 (e) 97 percent of the revenues, including interest and 198.30 penalties, transmitted to the commissioner under section 198.31 297A.259, must be deposited by the commissioner in the state 198.32 treasury as follows: 198.33 (1) 50 percent of the receipts must be deposited in the 198.34 game and fish fund, and may be spent only on activities that 198.35 improve, enhance, or protect game and fish resources, including 198.36 conservation, restoration, and enhancement of land, water, and 199.1 other natural resources of the state; 199.2 (2) 22.5 percent of the receipts must be deposited in the 199.3 natural resources fund, and may be spent only for state parks 199.4 and trails; 199.5 (3) 22.5 percent of the revenue must be deposited in the 199.6 natural resources fund, and may be spent only on metropolitan 199.7 park and trail grants; 199.8 (4) three percent of the receipts must be deposited in the 199.9 natural resources fund, and may be spent only on local trail 199.10 grants; and 199.11 (5) two percent of the receipts must be deposited in the 199.12 natural resources fund, and may be spent only for the Minnesota 199.13 zoological garden, the Como park zoo and conservatory, and the 199.14 Duluth zoo. 199.15 (f) The revenue dedicated under paragraph (e) may not be 199.16 used as a substitute for traditional sources of funding for the 199.17 purposes specified, but the dedicated revenue shall supplement 199.18 traditional sources of funding for those purposes. Land 199.19 acquired with money deposited in the game and fish fund under 199.20 paragraph (e) must be open to public hunting and fishing during 199.21 the open season. At least 87 percent of the money deposited in 199.22 the game and fish fund for improvement, enhancement, or 199.23 protection of fish and wildlife resources under paragraph (e) 199.24 must be allocated for expenditures in regional and local area 199.25 offices. 199.26 Sec. 37. Minnesota Statutes 1998, section 383B.235, is 199.27 amended by adding a subdivision to read: 199.28 Subd. 3. [EXISTING FACILITY MAY USE 199.29 CAPACITY.] Notwithstanding subdivisions 1 and 2, an existing 199.30 resource recovery facility may reclaim, burn, use, process, or 199.31 dispose of mixed municipal solid waste to the full extent of its 199.32 maximum yearly capacity as of January 1, 2000. The facility 199.33 must continue to comply with all federal and state environmental 199.34 laws and regulations and must obtain a conditional use permit 199.35 from the municipality where the facility is located. 199.36 Sec. 38. Laws 1998, chapter 404, section 7, subdivision 200.1 23, as amended by Laws 1999, chapter 231, section 194, and Laws 200.2 1999, chapter 240, article 1, section 20, is amended to read: 200.3 Subd. 23. Metro Regional Trails 5,000,000 200.4 For grants to the metropolitan council 200.5 for acquisition and development of a 200.6 capital nature of trail connections in 200.7 the metropolitan area as specified in 200.8 this subdivision. The purpose of the 200.9 grants is to improve trails in the 200.10 metropolitan park and open space system 200.11 and connect them with existing state 200.12 and regional trails. Priority shall be 200.13 given to matching funds for an ISTEA 200.14 grant. 200.15 The funds shall be allocated by the 200.16 council as follows: 200.17 (1) $1,050,000 is allocated to Ramsey 200.18 county as follows: 200.19 (i) $400,000 to complete six miles of 200.20 trails between the Burlington Northern 200.21 Regional Trail and Bald Eagle-Otter 200.22 Lake Regional Park; 200.23 (ii) $150,000 to complete a one-mile 200.24 connection between Birch Lake and the 200.25 Lake Tamarack segment of Bald 200.26 Eagle-Otter Lake Regional Park; 200.27 (iii) $500,000 to acquire real property 200.28 and design and construct or renovate 200.29 recreation facilities along the 200.30 Mississippi River in cooperation with 200.31 the city of St. Paul; 200.32 (2) $1,050,000 is allocated to the city 200.33 of St. Paul as follows: 200.34 (i) $250,000 to construct a bridge over 200.35 Lexington Parkway in Como Regional 200.36 Park; and 200.37 (ii) $800,000 to enhance amenities for 200.38 the trailhead at the Lilydale-Harriet 200.39 Island Regional Park pavilion; 200.40 (3) $1,400,000 is allocated to Anoka 200.41 county to construct: 200.42 (i) a pedestrian tunnel under Highway 200.43 65 on the Rice Creek West Regional 200.44 Trail in the city of Fridley;and200.45 (ii) restrooms, trailhead, signs, and 200.46 amenities at the trailhead to the Rice 200.47 Creek West Regional Trail; and 200.48 (iii) a pedestrian bridge on the 200.49 Mississippi River Regional Trail 200.50 crossing over Mississippi Street in the 200.51 city of Fridley; and 200.52 (4) $1,500,000 is allocated to the 200.53 suburban Hennepin regional park 200.54 district as follows: 201.1 (i) $1,000,000 to connect North 201.2 Hennepin Regional Trail to Luce Line 201.3 State Trail and Medicine Lake; and 201.4 (ii) $500,000 is for the cost of 201.5 development and acquisition of the 201.6 Southwest regional trail in the city of 201.7 St. Louis Park. The trail must connect 201.8 the Minneapolis regional trail system 201.9 at Cedar Lake park to the Hennepin 201.10 parks regional trail system at the 201.11 Hopkins trail head. 201.12 Sec. 39. Laws 1999, chapter 231, section 6, as amended by 201.13 Laws 1999, chapter 249, section 10, is amended to read: 201.14 Sec. 6. BOARD OF WATER AND 201.15 SOIL RESOURCES 18,896,000 18,228,000 201.16 $5,480,000 the first year and 201.17 $5,480,000 the second year are for 201.18 natural resources block grants to local 201.19 governments. Of this amount, $50,000 201.20 each year is for a grant to the North 201.21 Shore Management Board, $35,000 each 201.22 year is for a grant to the St. Louis 201.23 River Board, $100,000 each year is for 201.24 a grant to the Minnesota River Basin 201.25 Joint Powers Board, and $27,000 each 201.26 year is for a grant to the Southeast 201.27 Minnesota Resources Board. 201.28 The board shall reduce the amount of 201.29 the natural resource block grant to a 201.30 county by an amount equal to any 201.31 reduction in the county's general 201.32 services allocation to a soil and water 201.33 conservation district from the county's 201.34 1998 allocation. 201.35 Grants must be matched with a 201.36 combination of local cash or in-kind 201.37 contributions. The base grant portion 201.38 related to water planning must be 201.39 matched by an amount that would be 201.40 raised by a levy under Minnesota 201.41 Statutes, section 103B.3369. 201.42 $3,867,000 the first year and 201.43 $3,867,000 the second year are for 201.44 grants to soil and water conservation 201.45 districts for general purposes, 201.46 nonpoint engineering, and for 201.47 implementation of the RIM conservation 201.48 reserve program. Upon approval of the 201.49 board, expenditures may be made from 201.50 these appropriations for supplies and 201.51 services benefiting soil and water 201.52 conservation districts. 201.53 $4,120,000 the first year and 201.54 $4,120,000 the second year are for 201.55 grants to soil and water conservation 201.56 districts for cost-sharing contracts 201.57 for erosion control and water quality 201.58 management. Of this amount, $32,000 201.59 the first year is for a grant to the 201.60 Blue Earth county soil and water 201.61 conservation districts for stream bank 201.62 stabilization on the LeSueur river 202.1 within the city limits of St. Clair; 202.2 and at least $1,500,000 the first year 202.3 and $1,500,000 the second year are for 202.4 state cost-share grantsfor202.5cost-sharing contractsfor water 202.6 quality management on feedlots. 202.7Priority must be given to feedlot202.8operators who have received notices of202.9violation and for feedlots in counties202.10that are conducting or have completed a202.11level 2 or level 3 feedlot inventory.202.12 This appropriation is available until 202.13 expended. If the appropriation in 202.14 either year is insufficient, the 202.15 appropriation in the other year is 202.16 available for it. 202.17 $100,000 the first year and $100,000 202.18 the second year are for a grant to the 202.19 Red river basin board to develop a Red 202.20 river basin water management plan and 202.21 to coordinate water management 202.22 activities in the states and provinces 202.23 bordering the Red river. This 202.24 appropriation is only available to the 202.25 extent it is matched by a proportionate 202.26 amount in United States currency from 202.27 the states of North Dakota and South 202.28 Dakota and the province of Manitoba. 202.29 The unencumbered balance in the first 202.30 year does not cancel but is available 202.31 for the second year. This is a 202.32 one-time appropriation. 202.33 $189,000 the first year and $189,000 202.34 the second year are for grants to 202.35 watershed districts and other local 202.36 units of government in the southern 202.37 Minnesota river basin study area 2 for 202.38 floodplain management. If the 202.39 appropriation in either year is 202.40 insufficient, the appropriation in the 202.41 other year is available for it. 202.42 $1,203,000 the first year and $450,000 202.43 the second year are for the 202.44 administrative costs of easement and 202.45 grant programs. 202.46 Any unencumbered balance in the board's 202.47 program of grants does not cancel at 202.48 the end of the first year and is 202.49 available for the second year for the 202.50 same grant program. If the 202.51 appropriation in either year is 202.52 insufficient, the appropriation for the 202.53 other year is available for it. 202.54 Sec. 40. Laws 1999, chapter 231, section 11, subdivision 202.55 3, is amended to read: 202.56 Subd. 3. Agricultural Marketing and Development 202.57 6,521,000 5,410,000 202.58 Notwithstanding Minnesota Statutes, 202.59 section 41A.09, subdivision 3a, the 202.60 total payments from the ethanol 202.61 development account to all producers 202.62 may not exceed$68,447,000$72,416,000 203.1 for the biennium ending June 30, 2001. 203.2 If, prior to the end of the biennium, 203.3 the total amount for which all 203.4 producers are eligiblein a quarter203.5 exceeds the amountavailable for203.6paymentsremaining in the 203.7 appropriation, the commissioner shall 203.8 make the payments for the quarter in 203.9 which the appropriation occurs on a pro 203.10 rata basis. In fiscal year 2000, the 203.11 commissioner shall first reimburse 203.12 producers for eligible unpaid claims 203.13 accumulated through June 30, 1999. 203.14 $500,000 the first year is appropriated 203.15 to the rural finance authority for 203.16 making a loan under Minnesota Statutes, 203.17 section 41B.044. Principal and 203.18 interest payments on the loan must be 203.19 deposited in theethanol development203.20account for producer payments under203.21Minnesota Statutes, section203.2241B.09general fund. 203.23 Notwithstanding the annual and 203.24 quarterly limits for total payments to 203.25 all ethanol plants and approved new 203.26 production capacity limits for specific 203.27 ethanol plants under Minnesota 203.28 Statutes, section 41A.09, subdivision 203.29 3a, in fiscal years 2000 and 2001: 203.30 (1) an ethanol plant with an approved 203.31 production capacity that is at least 203.32 12,000,000 gallons per year and less 203.33 than 15,000,000 gallons per year is 203.34 eligible for ethanol producer payments 203.35 of up to 15,000,000 gallons per year; 203.36 (2) total payments in a fiscal year may 203.37 exceed $34,000,000; and 203.38 (3) total payments in a quarter may 203.39 exceed $8,500,000. 203.40 Notwithstanding Minnesota Statutes, 203.41 section 41A.09, subdivision 3a, 203.42 paragraph (f), the commissioner shall 203.43 make an additional payment in the 203.44 fourth quarter of fiscal year 2001 to 203.45 ethanol producers for the lesser of: 203.46 (1) 20 cents per gallon of production 203.47 in the fourth quarter of fiscal year 203.48 2001 that is greater than 3,750,000 203.49 gallons; or 203.50 (2) the total amount of payments lost 203.51 during the biennium due to plant 203.52 outages, repair, or major maintenance. 203.53 The total payments to an ethanol 203.54 producer for fiscal year 2001, 203.55 including any payment under this 203.56 paragraph, may not exceed the total 203.57 amount that the producer is eligible to 203.58 receive based on the plant's approved 203.59 production capacity. 203.60 By July 15, 1999, the commissioner 203.61 shall transfer the unencumbered cash 203.62 balance in the ethanol development fund 204.1 established in Minnesota Statutes, 204.2 section 41B.044, to the general fund. 204.3 $200,000 the first year is for a grant 204.4 from the commissioner to the Minnesota 204.5 Turkey Growers Association for 204.6 assistance to an entity that constructs 204.7 a facility that uses poultry litter as 204.8 a fuel for the generation of 204.9 electricity. This amount must be 204.10 matched by $1 of nonstate money for 204.11 each dollar of state money. This is a 204.12 one-time appropriation. 204.13 $50,000 the first year is for the 204.14 commissioner, in consultation with the 204.15 commissioner of economic development, 204.16 to conduct a study of the need for a 204.17 commercial shipping port at which 204.18 agricultural cooperatives or individual 204.19 farmers would have access to port 204.20 facilities. This is a one-time 204.21 appropriation. 204.22 $71,000 the first year and $71,000 the 204.23 second year are for transfer to the 204.24 Minnesota grown matching account and 204.25 may be used as grants for Minnesota 204.26 grown promotion under Minnesota 204.27 Statutes, section 17.109. 204.28 $100,000 the first year is for a grant 204.29 to the University of Minnesota 204.30 extension service for its farm safety 204.31 and health program. This is a one-time 204.32 appropriation. 204.33 $225,000 the first year and $75,000 the 204.34 second year are for grants to the 204.35 Minnesota agricultural education 204.36 leadership council for the planning and 204.37 implementation of initiatives enhancing 204.38 and expanding agricultural education in 204.39 rural and urban areas of the state. 204.40 Funds not used in the first year are 204.41 available for the second year. This is 204.42 a one-time appropriation. 204.43 $480,000 the first year and $420,000 204.44 the second year are to the commissioner 204.45 of agriculture for programs to 204.46 aggressively promote, develop, expand, 204.47 and enhance the marketing of 204.48 agricultural products from Minnesota 204.49 producers and processors. The 204.50 commissioner must enter into 204.51 collaborative efforts with the 204.52 department of trade and economic 204.53 development, the world trade center 204.54 corporation, and other public or 204.55 private entities knowledgeable in 204.56 market identification and development. 204.57 The commissioner may also contract with 204.58 or make grants to public or private 204.59 organizations involved in efforts to 204.60 enhance communication between producers 204.61 and markets and organizations that 204.62 identify, develop, and promote the 204.63 marketing of Minnesota agricultural 204.64 crops, livestock, and produce in local, 204.65 regional, national, and international 205.1 marketplaces. Grants may be provided 205.2 to appropriate organizations including 205.3 those functioning as marketing clubs, 205.4 to a cooperative known as Minnesota 205.5 Marketplace, and to recognized 205.6 associations of producers or processors 205.7 of organic foods or Minnesota grown 205.8 specialty crops. Beginning October 15, 205.9 1999, and 15 days after the close of 205.10 each calendar quarter thereafter, the 205.11 commissioner shall provide to the 205.12 senate and house committees with 205.13 jurisdiction over agriculture policy 205.14 and funding interim reports of the 205.15 progress toward accomplishing the goals 205.16 of this item. The commissioner shall 205.17 deliver a final report on March 1, 205.18 2001. If the appropriation for either 205.19 year is insufficient, the appropriation 205.20 for the other year is available. This 205.21 is a one-time appropriation that 205.22 remains available until expended. 205.23 $60,000 the second year is for grants 205.24 to farmers for demonstration projects 205.25 involving sustainable agriculture. If 205.26 a project cost is more than $25,000, 205.27 the amount above $25,000 must be 205.28 matched at the rate of one state dollar 205.29 for each dollar of nonstate money. 205.30 Priorities must be given for projects 205.31 involving multiple parties. Up to 205.32 $20,000 each year may be used for 205.33 dissemination of information about the 205.34 demonstration grant projects. If the 205.35 appropriation for either year is 205.36 insufficient, the appropriation for the 205.37 other is available. 205.38 $160,000 each year is for value-added 205.39 agricultural product processing and 205.40 marketing grants under Minnesota 205.41 Statutes, section 17.101, subdivision 5. 205.42 $450,000 the first year and $300,000 205.43 the second year are for continued 205.44 research of solutions and alternatives 205.45 for manure management and odor 205.46 control. This is a one-time 205.47 appropriation. 205.48 $50,000 the first year and $50,000 the 205.49 second year are for annual cost-share 205.50 payments to resident farmers for the 205.51 costs of organic certification. The 205.52 annual cost-share payments per farmer 205.53 shall be two-thirds of the cost of the 205.54 certification or $200, whichever is 205.55 less. A certified farmer is eligible 205.56 to receive annual certification 205.57 cost-share payments for up to five 205.58 years. $15,000 each year is for 205.59 organic market and program 205.60 development. This appropriation is 205.61 available until expended. 205.62 $30,000 the first year is to assess 205.63 producer production contracts under 205.64 section 205. This appropriation is 205.65 available until June 30, 2001. 206.1 Sec. 41. Laws 1999, chapter 231, section 14, is amended to 206.2 read: 206.3 Sec. 14. AGRICULTURAL UTILIZATION 206.4 RESEARCH INSTITUTE 3,830,000 4,330,000 206.5 Summary by Fund 206.6 General 3,630,000 4,130,000 206.7Special RevenueAgricultural 200,000 200,000 206.8 The agricultural utilization research 206.9 institute must collaborate with the 206.10 commissioner of agriculture on issues 206.11 of market development and technology 206.12 transfer. 206.13 $200,000 the first year and $200,000 206.14 the second year are for hybrid tree 206.15 management research and development of 206.16 an implementation plan for establishing 206.17 hybrid tree plantations in the state. 206.18 This appropriation is available to the 206.19 extent matched by $2 of nonstate 206.20 contributions, either cash or in kind, 206.21 for each $1 of state money. 206.22 Sec. 42. [WESTERN LAKE SUPERIOR SANITARY DISTRICT; 206.23 LANDFILL CLEANUP PROGRAM QUALIFICATION.] 206.24 Notwithstanding any provision to the contrary in Minnesota 206.25 Statutes, sections 115B.39 to 115B.445, the facilities of a 206.26 sanitary district operating pursuant to Minnesota Statutes, 206.27 chapter 458D, and adjacent property used for solid waste 206.28 disposal that did not occur under a permit from the agency, are 206.29 a qualified facility for purposes of Minnesota Statutes, section 206.30 115B.39, subdivision 2, paragraph (l), clause (2), if the 206.31 following conditions are met: 206.32 (1) the sanitary district's facility is or was permitted by 206.33 the pollution control agency; 206.34 (2) the sanitary district stopped accepting mixed municipal 206.35 solid waste by January 1, 2000; 206.36 (3) the sanitary district stops accepting demolition debris 206.37 and industrial waste at the facility by January 1, 2002; and 206.38 (4) any future disposal of demolition debris and industrial 206.39 waste on this site beyond January 1, 2002, must be in an area 206.40 that meets setback requirements approved by the commissioner of 206.41 the pollution control agency. 206.42 Sec. 43. [STORAGE TANK REMOVAL; REIMBURSEMENT.] 207.1 Subdivision 1. [DEFINITION.] As used in this section, 207.2 "agricultural storage tank" means an underground petroleum 207.3 storage tank with a capacity of more than 1,100 gallons that has 207.4 been registered with the pollution control agency by January 1, 207.5 2000, and is located on a farm where the contents of the tank 207.6 are used by the tank owner or operator predominantly for farming 207.7 purposes and are not commercially distributed. 207.8 Subd. 2. [REIMBURSEMENT.] Notwithstanding Minnesota 207.9 Statutes, section 115C.09, subdivision 1, paragraph (b), clause 207.10 (1), and pursuant to the remaining provisions of Minnesota 207.11 Statutes, chapter 115C, the petroleum tank release compensation 207.12 board shall reimburse an owner or operator of an agricultural 207.13 storage tank for 90 percent of the total reimbursable cost of 207.14 removal project costs incurred for the tank prior to January 1, 207.15 2001, including, but not limited to, tank removal, closure in 207.16 place, backfill, resurfacing, and utility restoration costs, 207.17 regardless of whether a release has occurred at the site. 207.18 Notwithstanding Minnesota Statutes, section 115C.09, subdivision 207.19 3, the board may not reimburse an eligible applicant under this 207.20 section for more than $7,500 of costs per tank. 207.21 Sec. 44. [SMALL GASOLINE STORAGE TANK REMOVAL; 207.22 REIMBURSEMENT.] 207.23 Until June 30, 2001, the petroleum tank release 207.24 compensation board may reimburse a tank owner from the petroleum 207.25 tank release cleanup fund for 95 percent of the costs identified 207.26 in Minnesota Statutes, section 115C.09, subdivision 3f, 207.27 paragraph (c), if the tank owner: 207.28 (1) owned two locations in the state, and no locations in 207.29 any other state, where motor fuel was dispensed to the public 207.30 into motor vehicles, watercraft, or aircraft and dispensed motor 207.31 fuel at that location; 207.32 (2) operated the tanks simultaneously for six months or 207.33 less in 1995; and 207.34 (3) dispensed less than 200,000 gallons at both locations. 207.35 Sec. 45. [MINNEAPOLIS LEASE.] 207.36 A lease to the Minneapolis park and recreation board 208.1 entered into prior to or after the effective date of this 208.2 section pursuant to Laws 1999, chapter 231, section 5, 208.3 subdivision 5, shall be subject to Minnesota Statutes, section 208.4 85.34, except as provided in this section. The approval of the 208.5 executive council shall not be required for the lease or the 208.6 issuance of a liquor license. Only the operating costs, as 208.7 defined in the lease, to be paid by the Minneapolis park and 208.8 recreation board to the state shall be credited to the state 208.9 parks working capital account. All base rent and percentage of 208.10 gross sales to be paid by the Minneapolis park and recreation 208.11 board to the state shall be credited to the general fund. A 208.12 lease of any portion of officer's row or area J may include a 208.13 charge to be paid by the tenant for repayment of a portion of 208.14 the costs incurred by the Minneapolis park and recreation board 208.15 for the installation of a new water line on the upper bluff. 208.16 The total amount to be repaid to the Minneapolis park and 208.17 recreation board by tenants of officer's row and area J shall 208.18 not exceed $450,000. 208.19 Sec. 46. [LEGISLATIVE AUDITOR REPORT UPDATE.] 208.20 The legislative audit commission shall consider updating 208.21 the February 1997 report on "Ethanol Programs" by January 15, 208.22 2001. 208.23 Sec. 47. [EXTENSION OF APPROPRIATIONS.] 208.24 The availability of the appropriation for the following 208.25 project is extended to June 30, 2002: Laws 1997, chapter 216, 208.26 section 15, subdivision 4, paragraph (c), clause (3), the 208.27 portion of the local initiatives grants program appropriating 208.28 $250,000 to provide matching funds for an ISTEA grant, and for 208.29 easement acquisition and engineering costs for a proposed trail 208.30 between the city of Pelican Rapids and Maplewood state park. 208.31 The availability of the appropriation for the following 208.32 project is extended to June 30, 2001: Laws 1997, chapter 216, 208.33 section 15, subdivision 4, paragraph (b), metropolitan regional 208.34 park system, for the portion related to Hyland-Bush-Anderson 208.35 Lake Park Reserve development. 208.36 Sec. 48. [EFFECTIVE DATES.] 209.1 The resident licenses under section 20 shall be made 209.2 available by March 1, 2001, and apply to taking game and fish 209.3 for the 2001 license year. The nonresident licenses under 209.4 section 21 shall be made available by March 1, 2002, and apply 209.5 to taking game and fish for the 2002 license year. Section 40 209.6 is effective retroactively from July 1, 1999. Section 8 is 209.7 effective the day following final enactment and applies to 209.8 claims for corrective action costs incurred after that date. 209.9 Sections 1 to 7, 11 to 15, 35, 37, 38, and 45 are effective 209.10 the day following final enactment. 209.11 Sections 23 to 33 are effective March 1, 2001. 209.12 ARTICLE 10 209.13 SUPPLEMENTAL APPROPRIATIONS AND REDUCTIONS 209.14 Section 1. [APPROPRIATIONS.] 209.15 The sums shown in the columns marked "APPROPRIATIONS" are 209.16 appropriated from the general fund, or any other fund named, to 209.17 the agencies and for the purposes specified in this act, to be 209.18 available for the fiscal years indicated for each purpose. The 209.19 figures "2000" and "2001" mean that the appropriation or 209.20 appropriations listed under them are available for the fiscal 209.21 year ending June 30, 2000, or June 30, 2001, respectively, and 209.22 if an earlier appropriation was made for that purpose for that 209.23 year, the appropriation in this act is added to it. Where a 209.24 dollar amount appears in parentheses, it means a reduction of an 209.25 earlier appropriation for that purpose for that year. 209.26 SUMMARY BY FUND 209.27 BIENNIAL 209.28 2000 2001 TOTAL 209.29 General $ 3,599,000 $ 14,481,000 $ 18,080,000 209.30 Special Revenue -0- 5,449,000 5,449,000 209.31 TOTAL $ 3,599,000 $ 19,930,000 $ 18,329,000 209.32 APPROPRIATIONS 209.33 Available for the Year 209.34 Ending June 30 209.35 2000 2001 209.36 $ $ 209.37 Sec. 2. SECRETARY OF STATE 4,400,000 -0- 209.38 To construct and maintain the Uniform 210.1 Commercial Code central filing system 210.2 required by S.F. No. 1495, if enacted, 210.3 to be available until June 30, 2001. 210.4 Sec. 3. CAMPAIGN FINANCE AND 210.5 DISCLOSURE BOARD 38,000 -0- 210.6 For legal costs for the board's defense 210.7 of a constitutionality challenge, to be 210.8 available until June 30, 2001. 210.9 Sec. 4. OFFICE OF STRATEGIC AND 210.10 LONG-RANGE PLANNING 450,000 -0- 210.11 For grants of $50,000 each to regional 210.12 development commissions or, in regions 210.13 not served by regional development 210.14 commissions, to regional organizations 210.15 selected by the director, to support 210.16 planning work on behalf of local units 210.17 of government. This appropriation is 210.18 available until June 30, 2001. The 210.19 planning work must include, but need 210.20 not be limited to: 210.21 (1) development of local zoning 210.22 ordinances; 210.23 (2) land use plans; 210.24 (3) community or economic development 210.25 plans; 210.26 (4) transportation and transit plans; 210.27 (5) solid waste management plans; 210.28 (6) wastewater management plans; 210.29 (7) workforce development plans; 210.30 (8) housing development plans or market 210.31 analysis; 210.32 (9) rural health service and senior 210.33 nutrition plans; or 210.34 (10) natural resources management plans. 210.35 Sec. 5. ADMINISTRATION 210.36 Subdivision 1. Office of 210.37 Technology Long-Range Plan 210.38 Notwithstanding Laws 1999, chapter 250, 210.39 article 1, section 12, subdivision 3, 210.40 the appropriation for the second year 210.41 is available for expenditure. 210.42 Subd. 2. Metropolitan 210.43 Radio Board -0- 249,000 210.44 This appropriation is from the special 210.45 revenue fund. 210.46 Subd. 3. Data Practices Study -0- 60,000 210.47 The commissioner of administration 210.48 shall compile information on current 210.49 practices of state agencies and 210.50 political subdivisions subject to 211.1 Minnesota Statutes, chapter 13, with 211.2 respect to the release of lists of 211.3 public data containing personal 211.4 information, such as individual names, 211.5 addresses, and telephone numbers. The 211.6 compilation must include the following 211.7 information for each state agency and 211.8 type of political subdivision: types 211.9 of data released; number of lists 211.10 generated per year; and costs of 211.11 preparing the lists and revenues 211.12 received. 211.13 The commissioner shall submit the 211.14 compilation to the senate judiciary 211.15 committee and the house civil law 211.16 committee and the budget divisions of 211.17 the senate and house by January 15, 211.18 2001. 211.19 Subd. 4. Facilities Management -0- 1,268,000 211.20 To be added to the appropriation for 211.21 office space costs of the legislature 211.22 and veterans organizations, for 211.23 ceremonial space, and for statutorily 211.24 free space, in Laws 1999, chapter 250, 211.25 article 1, section 12, subdivision 5. 211.26 Sec. 6. GAMBLING CONTROL 211.27 BOARD 45,000 45,000 211.28 For workers' compensation claims. 211.29 Money not expended in the first year is 211.30 available for expenditure in the second 211.31 year. 211.32 Sec. 7. MINNEAPOLIS EMPLOYEES 211.33 RETIREMENT FUND (1,334,000) (1,892,000) 211.34 This is a reduction in payments made to 211.35 the Minneapolis employees retirement 211.36 fund under Minnesota Statutes, section 211.37 422A.101, subdivision 3. The reduction 211.38 for fiscal year 2002 is estimated to be 211.39 $1,892,000 and the reduction for fiscal 211.40 year 2003 is estimated to be $1,892,000. 211.41 Sec. 8. Minnesota Statutes 1999 Supplement, section 211.42 10A.01, subdivision 35, is amended to read: 211.43 Subd. 35. [PUBLIC OFFICIAL.] "Public official" means any: 211.44 (1) member of the legislature; 211.45 (2) individual employed by the legislature as secretary of 211.46 the senate, legislative auditor, chief clerk of the house, 211.47 revisor of statutes, or researcher, legislative analyst, or 211.48 attorney in the office of senate counsel and research or house 211.49 research; 211.50 (3) constitutional officer in the executive branch and the 211.51 officer's chief administrative deputy; 211.52 (4) solicitor general or deputy, assistant, or special 212.1 assistant attorney general; 212.2 (5) commissioner, deputy commissioner, or assistant 212.3 commissioner of any state department or agency as listed in 212.4 section 15.01 or 15.06; 212.5 (6) member, chief administrative officer, or deputy chief 212.6 administrative officer of a state board or commission that has 212.7 either the power to adopt, amend, or repeal rules, or the power 212.8 to adjudicate contested cases or appeals, other than an elected 212.9 tribal chair or elected Indian member serving as a member of the 212.10 Indian affairs council; 212.11 (7) individual employed in the executive branch who is 212.12 authorized to adopt, amend, or repeal rules or adjudicate 212.13 contested cases; 212.14 (8) executive director of the state board of investment; 212.15 (9) deputy of any official listed in clauses (7) and (8); 212.16 (10) judge of the workers' compensation court of appeals; 212.17 (11) administrative law judge or compensation judge in the 212.18 state office of administrative hearings or referee in the 212.19 department of economic security; 212.20 (12) member, regional administrator, division director, 212.21 general counsel, or operations manager of the metropolitan 212.22 council; 212.23 (13) member or chief administrator of a metropolitan 212.24 agency; 212.25 (14) director of the division of alcohol and gambling 212.26 enforcement in the department of public safety; 212.27 (15) member or executive director of the higher education 212.28 facilities authority; 212.29 (16) member of the board of directors or president of the 212.30 Minnesota world trade center corporation or Minnesota 212.31 Technology, Inc.; or 212.32 (17) member of the board of directors or executive director 212.33 of the Minnesota state high school league. 212.34 Sec. 9. Minnesota Statutes 1998, section 16A.11, 212.35 subdivision 3, is amended to read: 212.36 Subd. 3. [PART TWO: DETAILED BUDGET.] (a) Part two of the 213.1 budget, the detailed budget estimates both of expenditures and 213.2 revenues, must contain any statements on the financial plan 213.3 which the governor believes desirable or which may be required 213.4 by the legislature. The detailed estimates shall include the 213.5 governor's budget arranged in tabular form. 213.6 (b) The detailed estimates must include a separate line 213.7 listing the total number of professional or technical service 213.8 contracts and the total cost of those contracts for the prior 213.9 biennium and the projected number of professional or technical 213.10 service contracts and the projected costs of those contracts for 213.11 the current and upcoming biennium. They must also include a 213.12 summary of the personnel employed by the agency, reflected as 213.13 full-time equivalent positions, and the number of professional 213.14 or technical service consultants for the current biennium. 213.15 (c) The detailed estimates for internal service funds must 213.16 include the number of full-time equivalents by program; detail 213.17 on any loans from the general fund, including dollar amounts by 213.18 program; proposed investments in technology or equipment of 213.19 $100,000 or more; an explanation of any operating losses or 213.20 increases in retained earnings; and a history of the rates that 213.21 have been charged, with an explanation of any rate changes and 213.22 the impact of the rate changes on affected agencies. 213.23 Sec. 10. Minnesota Statutes 1998, section 16A.126, 213.24 subdivision 2, is amended to read: 213.25 Subd. 2. [IMMEDIATE NEEDS.] To reduce reserves for 213.26 unforeseen needs, and so reduce these rates, the commissioner 213.27 may transfer money from the general fund to a revolving fund. 213.28 Before doing so, the commissioner must decide there is not 213.29 enough money in the revolving fund for an immediate, necessary 213.30 expenditure. The amount necessary to make the transfer is 213.31 appropriated from the general fund to the commissioner of 213.32 finance. The commissioner shall report the amount and purpose 213.33 of the transfer to the chair of the committee or division in the 213.34 senate and house of representatives with primary jurisdiction 213.35 over the budget of the department of finance. 213.36 Sec. 11. Minnesota Statutes 1999 Supplement, section 214.1 16A.129, subdivision 3, is amended to read: 214.2 Subd. 3. [CASH ADVANCES.] When the operations of any 214.3 nongeneral fund account would be impeded by projected cash 214.4 deficiencies resulting from delays in the receipt of grants, 214.5 dedicated income, or other similar receivables, and when the 214.6 deficiencies would be corrected within the budget period 214.7 involved, the commissioner of finance may use general fund cash 214.8 reserves to meet cash demands. If funds are transferred from 214.9 the general fund to meet cash flow needs, the cash flow 214.10 transfers must be returned to the general fund as soon as 214.11 sufficient cash balances are available in the account to which 214.12 the transfer was made.The fund to which general fund cash was214.13advanced must pay interest on the cash advance at a rate214.14comparable to the rate earned by the state on invested214.15treasurer's cash, as determined monthly by the commissioner. An214.16amount necessary to pay the interest is appropriated from the214.17nongeneral fund to which the cash advance was made.Any 214.18 interest earned on general fund cash flow transfers accrues to 214.19 the general fund and not to the accounts or funds to which the 214.20 transfer was made. The commissioner may advance general fund 214.21 cash reserves to nongeneral fund accounts where the receipts 214.22 from other governmental units cannot be collected within the 214.23 budget period. 214.24 Sec. 12. Minnesota Statutes 1998, section 16A.642, 214.25 subdivision 1, is amended to read: 214.26 Subdivision 1. [REPORTS.] (a) The commissioner of finance 214.27 shall report to the chairs of the senate committee on finance 214.28 and the house of representatives committees on ways and means 214.29 and on capital investment by February 1 of each odd-numbered 214.30 year on the following: 214.31 (1) all laws authorizing the issuance of state bonds for 214.32 state or local government building projects enacted more than 214.33 five years before February 1 of that odd-numbered year; the 214.34 projects authorized to be acquired and constructed with the bond 214.35 proceeds for which less than 100 percent of the authorized total 214.36 cost has been expended, encumbered, or otherwise obligated; the 215.1 cost of contracts to be let in accordance with existing plans 215.2 and specifications shall be considered expended for this report; 215.3 and the amount of bonds not issued and bond proceeds held but 215.4 not previously expended, encumbered, or otherwise obligated for 215.5 these projects; and 215.6 (2) all laws authorizing the issuance of state bonds for 215.7 state or local government programs or projects other than those 215.8 described in clause (1), enacted more than five years before 215.9 February 1 of that odd-numbered year; and the amount of bonds 215.10 not issued and bond proceeds held but not previously expended, 215.11 encumbered, or otherwise obligated for these programs and 215.12 projects. 215.13 (b) The commissioner shall also report on bond 215.14 authorizations or bond proceed balances that may be canceled 215.15 because projects have been canceled, completed, or otherwise 215.16 concluded, or because the purposes for which the bonds were 215.17 authorized or issued have been canceled, completed, or otherwise 215.18 concluded.The bond authorizations or bond proceed balances215.19that are unencumbered or otherwise not obligated that are215.20reported by the commissioner under this subdivision are215.21canceled, effective July 1 of the year of the report, unless215.22specifically reauthorized by act of the legislature.215.23 Sec. 13. Minnesota Statutes 1998, section 16A.67, 215.24 subdivision 1, is amended to read: 215.25 Subdivision 1. [AUTHORIZATION.] The commissioner of 215.26 finance, upon request of the governor,is authorized to sell and 215.27 issue state bonds to fund the judgment rendered against the 215.28 state by the Minnesota supreme court in Cambridge State Bank et 215.29 al. v. James, 514 N.W. 2d 565, on April 1, 1994, and related 215.30 claims, and interest accrued on the judgment and related claims, 215.31 to fund any bond reserve determined to be necessary, and to pay 215.32 costs of issuance of the bonds. The proceeds of the bonds are 215.33 appropriated for these purposes. The principal amount of the 215.34 bonds shall not exceed $400,000,000. The bonds shall be sold 215.35 and issued upon such terms and in such manner as the 215.36 commissioner shall determine to be in the best interests of the 216.1 state. The final maturity of the bonds shall be not later than 216.2 June 30, 2005. 216.3 Sec. 14. Minnesota Statutes 1998, section 16A.671, 216.4 subdivision 1, is amended to read: 216.5 Subdivision 1. [AUTHORITY; ADVISORY RECOMMENDATION.] To 216.6 ensure that cash is available when needed to pay warrants drawn 216.7 on the general fund under appropriations and allotments,the216.8governor may authorizethe commissioner may (1)toissue 216.9 certificates of indebtedness in anticipation of the collection 216.10 of taxes levied for and other revenues appropriated to the 216.11 general fund for expenditure during each biennium; and (2)to216.12 issue additional certificates to refund outstanding certificates 216.13 and interest on them, under the constitution, article XI, 216.14 section 6. 216.15 Sec. 15. Minnesota Statutes 1998, section 16A.671, 216.16 subdivision 2, is amended to read: 216.17 Subd. 2. [ADVISORY RECOMMENDATION.] Before certificates 216.18 are initially sold by any of the methods authorized in 216.19 subdivision 6, thegovernorcommissioner shall seek the advisory 216.20 recommendation of the legislative advisory commission, or if 216.21 there is no commission, the executive council, on (1) the 216.22 necessity of issuing them, (2) the terms and conditions of the 216.23 sale, and (3) the maximum amount to be issued and outstanding 216.24 under the authorization. If the commission or council does not 216.25 make a recommendation promptly, the recommendation is negative. 216.26 An additional recommendation is not required for refunding 216.27 outstanding certificates or for each issuance of certificates in 216.28 accordance with an approved line of credit, underwriting, or 216.29 placement agreement. 216.30 Sec. 16. Minnesota Statutes 1998, section 16B.052, is 216.31 amended to read: 216.32 16B.052 [AUTHORITY TO TRANSFER FUNDS.] 216.33 The commissioner may, with the approval of the commissioner 216.34 of finance, transfer from an internal service or enterprise fund 216.35 account to another internal service or enterprise fund account, 216.36 any contributed capital appropriated by the legislature. The 217.1 transfer may be made only to provide working capital or positive 217.2 cash flow in the account to which the money is transferred. The 217.3 commissioner shall report the amount and purpose of the transfer 217.4 to the chair of the committee or division in the senate and 217.5 house of representatives with primary jurisdiction over the 217.6 budget of the department of administration. The transfer must 217.7 be repaid within 18 months. 217.8 Sec. 17. Minnesota Statutes 1998, section 16B.121, is 217.9 amended to read: 217.10 16B.121 [PURCHASE OF RECYCLED, REPAIRABLE, AND DURABLE 217.11 MATERIALS.] 217.12 The commissioner shall take the recycled content and 217.13 recyclability of commodities to be purchased into consideration 217.14 in bid specifications. When feasible and when the price of 217.15 recycled materials does not exceed the price of nonrecycled 217.16 materials by more than ten percent, the commissioner, and state 217.17 agencies when purchasing under delegated authority, shall 217.18 purchase recycled materials. In order to maximize the quantity 217.19 and quality of recycled materials purchased, the commissioner, 217.20 and state agencies when purchasing under delegated authority, 217.21 may also use other appropriate procedures to acquire recycled 217.22 materials at the most economical cost to the state. 217.23 The commissioner shall regularly consult with the office of 217.24 environmental assistance, state agencies, and other interested 217.25 parties to update the department's specifications for recycled 217.26 content and other environmentally preferable products, 217.27 consistent with other state procurement requirements. In 217.28 updating its specifications, the department shall take into 217.29 account the United States Environmental Protection Agency's 217.30 Comprehensive Procurement Guidelines. 217.31 Each year the department shall issue a public report 217.32 listing environmentally preferable products and the products' 217.33 key environmental attributes, reporting benchmarks for recycled 217.34 content or other environmentally preferable products, and 217.35 discussing progress by state agencies in achieving the 217.36 benchmarks. 218.1 When purchasing commodities and services, the commissioner, 218.2 and state agencies when purchasing under delegated authority, 218.3 shall apply and promote the preferred waste management practices 218.4 listed in section 115A.02, with special emphasis on reduction of 218.5 the quantity and toxicity of materials in waste. The 218.6 commissioner, and state agencies when purchasing under delegated 218.7 authority, in developing bid specifications, shall consider the 218.8 extent to which a commodity or product is durable, reusable, or 218.9 recyclable and marketable through the state resource recovery 218.10 program and the extent to which the commodity or product 218.11 contains postconsumer material. 218.12 Sec. 18. Minnesota Statutes 1998, section 16B.48, 218.13 subdivision 4, is amended to read: 218.14 Subd. 4. [REIMBURSEMENTS.] Except as specifically provided 218.15 otherwise by law, each agency shall reimburse intertechnologies 218.16 and general services revolving funds for the cost of all 218.17 services, supplies, materials, labor, and depreciation of 218.18 equipment, including reasonable overhead costs, which the 218.19 commissioner is authorized and directed to furnish an agency. 218.20 The cost of all publications or other materials produced by the 218.21 commissioner and financed from the general services revolving 218.22 fund must include reasonable overhead costs. The commissioner 218.23 of administration shall report the rates to be charged for each 218.24 revolving fund no later than July 1 each year to the chair of 218.25 the committee or division in the senate and house of 218.26 representatives with primary jurisdiction over the budget of the 218.27 department of administration. The commissioner of finance shall 218.28 make appropriate transfers to the revolving funds described in 218.29 this section when requested by the commissioner of 218.30 administration. The commissioner of administration may make 218.31 allotments, encumbrances, and, with the approval of the 218.32 commissioner of finance, disbursements in anticipation of such 218.33 transfers. In addition, the commissioner of administration, 218.34 with the approval of the commissioner of finance, may require an 218.35 agency to make advance payments to the revolving funds in this 218.36 section sufficient to cover the agency's estimated obligation 219.1 for a period of at least 60 days. All reimbursements and other 219.2 money received by the commissioner of administration under this 219.3 section must be deposited in the appropriate revolving fund. 219.4 Any earnings remaining in the fund established to account for 219.5 the documents service prescribed by section 16B.51 at the end of 219.6 each fiscal year not otherwise needed for present or future 219.7 operations, as determined by the commissioners of administration 219.8 and finance, must be transferred to the general fund. 219.9 Sec. 19. Minnesota Statutes 1998, section 16B.485, is 219.10 amended to read: 219.11 16B.485 [INTERFUND LOANS.] 219.12 The commissioner may, with the approval of the commissioner 219.13 of finance, make loans from an internal service or enterprise 219.14 fund to another internal service or enterprise fund, and the 219.15 amount necessary is appropriated from the fund that makes the 219.16 loan. The commissioner shall report the amount and purpose of 219.17 the loan to the chair of the committee or division in the senate 219.18 and house of representatives with primary jurisdiction over the 219.19 budget of the department of administration. The term of a loan 219.20 made under this section must be not more than 24 months. 219.21 Sec. 20. Minnesota Statutes 1998, section 16E.01, as 219.22 amended by Laws 1999, chapter 250, article 1, section 68, is 219.23 amended to read: 219.24 16E.01 [OFFICE OFTECHNOLOGY POLICY BUREAU.] 219.25 Subdivision 1. [PURPOSE.] Theoffice oftechnology policy 219.26 bureau, referred to in this chapter as the"office,""bureau," 219.27 is under the supervision of the commissioner of administration. 219.28 Theofficebureau shall provide leadership and direction for 219.29 information and communications technology policy in Minnesota. 219.30 Theofficebureau shall coordinate strategic investments in 219.31 information and communications technology to encourage the 219.32 development of a technically literate society and to ensure 219.33 sufficient access to and efficient delivery of government 219.34 services. 219.35 Subd. 2. [DISCRETIONARY POWERS.] Theofficebureau may: 219.36 (1) enter into contracts for goods or services with public 220.1 or private organizations and charge fees for services it 220.2 provides; 220.3 (2) apply for, receive, and expend money from public 220.4 agencies; 220.5 (3) apply for, accept, and disburse grants and other aids 220.6 from the federal government and other public or private sources; 220.7 (4) enter into contracts with agencies of the federal 220.8 government, local governmental units, the University of 220.9 Minnesota and other educational institutions, and private 220.10 persons and other nongovernmental organizations as necessary to 220.11 perform its statutory duties; 220.12 (5) appoint committees and task forces of not more than two 220.13 years' duration to assist theofficebureau in carrying out its 220.14 duties; 220.15 (6) sponsor and conduct conferences and studies, collect 220.16 and disseminate information, and issue reports relating to 220.17 information and communications technology issues; 220.18 (7) participate in the activities of standards bodies and 220.19 other appropriate conferences related to information and 220.20 communications technology issues; 220.21 (8) review the technology infrastructure of regions of the 220.22 state and cooperate with and make recommendations to the 220.23 governor, legislature, state agencies, local governments, local 220.24 technology development agencies, the federal government, private 220.25 businesses, and individuals for the realization of information 220.26 and communications technology infrastructure development 220.27 potential; 220.28 (9) sponsor, support, and facilitate innovative and 220.29 collaborative economic and community development and government 220.30 services projects, including technology initiatives related to 220.31 culture and the arts, with public and private organizations; and 220.32 (10) review and recommend alternative sourcing strategies 220.33 for state information and communications systems. 220.34 Subd. 3. [DUTIES.] Theofficebureau shall: 220.35 (1) coordinate the efficient and effective use of available 220.36 federal, state, local, and private resources to develop 221.1 statewide information and communications technology and its 221.2 infrastructure; 221.3 (2) review state agency and intergovernmental information 221.4 and communications systems development efforts involving state 221.5 or intergovernmental funding, provide information to the 221.6 legislature regarding projects reviewed, and recommend projects 221.7 for inclusion in the governor's budget under section 16A.11; 221.8 (3) encourage cooperation and collaboration among state and 221.9 local governments in developing intergovernmental communication 221.10 and information systems, and define the structure and 221.11 responsibilities of the information policy council; 221.12 (4) cooperate and collaborate with the legislative and 221.13 judicial branches in the development of information and 221.14 communications systems in those branches; 221.15 (5) continue the development of North Star, the state's 221.16 official comprehensive online service and information 221.17 initiative; 221.18 (6) promote and collaborate with the state's agencies in 221.19 the state's transition to an effectively competitive 221.20 telecommunications market; 221.21 (7) collaborate with entities carrying out education and 221.22 lifelong learning initiatives to assist Minnesotans in 221.23 developing technical literacy and obtaining access to ongoing 221.24 learning resources; 221.25 (8) promote and coordinate public information access and 221.26 network initiatives, consistent with chapter 13, to connect 221.27 Minnesota's citizens and communities to each other, to their 221.28 governments, and to the world; 221.29 (9) promote and coordinate electronic commerce initiatives 221.30 to ensure that Minnesota businesses and citizens can 221.31 successfully compete in the global economy; 221.32 (10) promote and coordinate the regular and periodic 221.33 reinvestment in the core information and communications 221.34 technology infrastructure so that state and local government 221.35 agencies can effectively and efficiently serve their customers; 221.36 (11) facilitate the cooperative development of standards 222.1 for information systems, electronic data practices and privacy, 222.2 and electronic commerce among international, national, state, 222.3 and local public and private organizations; and 222.4 (12) work with others to avoid unnecessary duplication of 222.5 existing services provided by other public and private 222.6 organizations while building on the existing governmental, 222.7 educational, business, health care, and economic development 222.8 infrastructures. 222.9 Sec. 21. Minnesota Statutes 1999 Supplement, section 222.10 16E.02, subdivision 1, is amended to read: 222.11 Subdivision 1. [OFFICEBUREAU MANAGEMENT AND STRUCTURE.] 222.12 The commissioner of administration is the state's chief 222.13 information officer and technology advisor to the governor. The 222.14 staff of theofficebureau must include individuals 222.15 knowledgeable in information and communications technology. 222.16 Sec. 22. Minnesota Statutes 1998, section 16E.04, as 222.17 amended by Laws 1999, chapter 250, article 1, section 114, is 222.18 amended to read: 222.19 16E.04 [INFORMATION AND COMMUNICATIONS TECHNOLOGY POLICY.] 222.20 Subdivision 1. [DEVELOPMENT.] Theofficebureau shall 222.21 coordinate with state agencies in developing and establishing 222.22 policies and standards for state agencies to follow in 222.23 developing and purchasing information and communications systems 222.24 and training appropriate persons in their use. Theoffice222.25 bureau shall develop, promote, and coordinate state technology, 222.26 architecture, standards and guidelines, information needs 222.27 analysis techniques, contracts for the purchase of equipment and 222.28 services, and training of state agency personnel on these issues. 222.29 Subd. 2. [RESPONSIBILITIES.] (a) In addition to other 222.30 activities prescribed by law, theofficebureau shall carry out 222.31 the duties set out in this subdivision. 222.32 (b) Theofficebureau shall develop and establish a state 222.33 information architecture to ensure that further state agency 222.34 development and purchase of information and communications 222.35 systems, equipment, and services is designed to ensure that 222.36 individual agency information systems complement and do not 223.1 needlessly duplicate or conflict with the systems of other 223.2 agencies. When state agencies have need for the same or similar 223.3 public data, the commissioner, in coordination with the affected 223.4 agencies, shall promote the most efficient and cost-effective 223.5 method of producing and storing data for or sharing data between 223.6 those agencies. The development of this information 223.7 architecture must include the establishment of standards and 223.8 guidelines to be followed by state agencies. 223.9 (c) Theofficebureau shall assist state agencies in the 223.10 planning and management of information systems so that an 223.11 individual information system reflects and supports the state 223.12 agency's mission and the state's requirements and functions. 223.13 (d) Theofficebureau shall review agency requests for 223.14 legislative appropriations for the development or purchase of 223.15 information systems equipment or software. 223.16 (e) Theofficebureau shall review major purchases of 223.17 information systems equipment to: 223.18 (1) ensure that the equipment follows the standards and 223.19 guidelines of the state information architecture; 223.20 (2) ensure that the equipment is consistent with the 223.21 information management principles adopted by the information 223.22 policy council; 223.23 (3) evaluate whether the agency's proposed purchase 223.24 reflects a cost-effective policy regarding volume purchasing; 223.25 and 223.26 (4) ensure that the equipment is consistent with other 223.27 systems in other state agencies so that data can be shared among 223.28 agencies, unless theofficebureau determines that the agency 223.29 purchasing the equipment has special needs justifying the 223.30 inconsistency. 223.31 (f) Theofficebureau shall review the operation of 223.32 information systems by state agencies and provide advice and 223.33 assistance to ensure that these systems are operated efficiently 223.34 and continually meet the standards and guidelines established by 223.35 theofficebureau. The standards and guidelines must emphasize 223.36 uniformity that encourages information interchange, open systems 224.1 environments, and portability of information whenever 224.2 practicable and consistent with an agency's authority and 224.3 chapter 13. Theofficebureau, in consultation with the 224.4intergovernmental information systems advisory council and the224.5 legislative reference library, shall recommend specific 224.6 standards and guidelines for each state agency within a time 224.7 period fixed by theofficebureau in regard to the following: 224.8 (1) establishing methods and systems directed at reducing 224.9 and ultimately eliminating redundant storage of data; and 224.10 (2) establishing information sales systems that utilize 224.11 licensing and royalty agreements to the greatest extent 224.12 possible, together with procedures for agency denial of requests 224.13 for licenses or royalty agreements by commercial users or 224.14 resellers of the information. Section 3.751 does not apply to 224.15 those licensing and royalty agreements, and the agreements must 224.16 include provisions that section 3.751 does not apply and that 224.17 the state is immune from liability under the agreement. 224.18 (g) Theofficebureau shall conduct a comprehensive review 224.19 at least every three years of the information systems 224.20 investments that have been made by state agencies and higher 224.21 education institutions. The review must include recommendations 224.22 on any information systems applications that could be provided 224.23 in a more cost-beneficial manner by an outside source. 224.24 Theofficebureau must report the results of its review to the 224.25 legislature and the governor. 224.26 (h) Theofficebureau shall report to the legislature by 224.27 January 15 of each year on progress in implementing paragraph 224.28 (f), clauses (1) and (2). 224.29 Sec. 23. Minnesota Statutes 1998, section 16E.05, is 224.30 amended to read: 224.31 16E.05 [GOVERNMENT INFORMATION ACCESS.] 224.32 Subdivision 1. [DUTIES.] Theofficebureau, in 224.33 consultation with interested persons, shall: 224.34 (1) coordinate statewide efforts by units of state and 224.35 local government to plan for and develop a system for providing 224.36 access to government services; 225.1 (2) make recommendations to facilitate coordination and 225.2 assistance of demonstration projects; and 225.3 (3) explore ways and means to improve citizen and business 225.4 access to public services, including implementation of 225.5 technological improvements. 225.6 Subd. 2. [APPROVAL OF STATE AGENCY INITIATIVES.] A state 225.7 agency shall coordinate with theofficebureau when implementing 225.8 a new initiative for providing electronic access to state 225.9 government information. 225.10 Subd. 3. [CAPITAL INVESTMENT.] No state agency may propose 225.11 or implement a capital investment plan for a state office 225.12 building unless: 225.13 (1) the agency has developed a plan for increasing 225.14 telecommuting by employees who would normally work in the 225.15 building, or the agency has prepared a statement describing why 225.16 such a plan is not practicable; and 225.17 (2) the plan or statement has been reviewed by theoffice225.18 bureau. 225.19 Sec. 24. Minnesota Statutes 1998, section 16E.06, is 225.20 amended to read: 225.21 16E.06 [DATA PRIVACY.] 225.22 The following data submitted to theofficebureau by 225.23 businesses are private data on individuals or nonpublic data: 225.24 financial statements, business plans, income and expense 225.25 projections, customer lists, and market and feasibility studies 225.26 not paid for with public funds. 225.27 Sec. 25. Minnesota Statutes 1998, section 16E.07, 225.28 subdivision 2, is amended to read: 225.29 Subd. 2. [ESTABLISHED.] Theofficebureau shall establish 225.30 "North Star" as the state's comprehensive government online 225.31 information service. North Star is the state's governmental 225.32 framework for coordinating and collaborating in providing online 225.33 government information and services. Government agencies that 225.34 provide electronic access to government information are 225.35 requested to make available to North Star their most frequently 225.36 requested public data. 226.1 Sec. 26. Minnesota Statutes 1998, section 16E.07, 226.2 subdivision 5, is amended to read: 226.3 Subd. 5. [PARTICIPATION; CONSULTATION; GUIDELINES.] The 226.4 North Star staff shall consult with governmental and 226.5 nongovernmental organizations to establish rules for 226.6 participation in the North Star service. Government units 226.7 planning, developing, or providing publicly accessible online 226.8 services shall provide access through and collaborate with North 226.9 Star and formally register with theofficebureau. The 226.10 University of Minnesota is requested to establish online 226.11 connections and collaborate with North Star. Units of the 226.12 legislature shall make their services available through North 226.13 Star. Government units may be required to submit standardized 226.14 directory and general content for core services but are not 226.15 required to purchase core services from North Star. North Star 226.16 shall promote broad public access to the sources of online 226.17 information or services through multiple technologies. 226.18 Sec. 27. Minnesota Statutes 1998, section 16E.07, 226.19 subdivision 6, is amended to read: 226.20 Subd. 6. [FEES.] Theofficebureau shall establish fees 226.21 for technical and transaction services for government units 226.22 through North Star. Fees must be credited to the North Star 226.23 account. Theofficebureau may not charge a fee for viewing or 226.24 inspecting data made available through North Star or linked 226.25 facilities, unless specifically authorized by law. 226.26 Sec. 28. Minnesota Statutes 1998, section 16E.07, 226.27 subdivision 7, is amended to read: 226.28 Subd. 7. [NORTH STAR ACCOUNT.] The North Star account is 226.29 created in the special revenue fund. The account consists of: 226.30 (1) grants received from nonstate entities; 226.31 (2) fees and charges collected by theofficebureau; 226.32 (3) gifts, donations, and bequests made to theoffice226.33 bureau; and 226.34 (4) other money credited to the account by law. 226.35 Money in the account is appropriated to theofficebureau 226.36 to be used to continue the development of the North Star project. 227.1 Sec. 29. Minnesota Statutes 1998, section 16E.07, 227.2 subdivision 8, is amended to read: 227.3 Subd. 8. [SECURE TRANSACTION SYSTEM.] Theofficebureau 227.4 shall plan and develop a secure transaction system to support 227.5 delivery of government services electronically. 227.6 Sec. 30. Minnesota Statutes 1998, section 16E.07, 227.7 subdivision 9, is amended to read: 227.8 Subd. 9. [AGGREGATION OF SERVICE DEMAND.] Theoffice227.9 bureau shall identify opportunities to aggregate demand for 227.10 technical services required by government units for online 227.11 activities and may contract with governmental or nongovernmental 227.12 entities to provide services. These contracts are not subject 227.13 to the requirements of chapters 16B and 16C, except sections 227.14 16C.04, 16C.07, 16C.08, and 16C.09. 227.15 Sec. 31. Minnesota Statutes 1998, section 16E.07, 227.16 subdivision 10, is amended to read: 227.17 Subd. 10. [OUTREACH.] Theofficebureau may promote the 227.18 availability of government online information and services 227.19 through public outreach and education. Public network expansion 227.20 in communities through libraries, schools, colleges, local 227.21 government, and other community access points must include 227.22 access to North Star. North Star may make materials available 227.23 to those public sites to promote awareness of the service. 227.24 Sec. 32. Minnesota Statutes 1998, section 16E.07, 227.25 subdivision 11, is amended to read: 227.26 Subd. 11. [ADVANCED DEVELOPMENT COLLABORATION.] Theoffice227.27 bureau shall identify information technology services with broad 227.28 public impact and advanced development requirements. Those 227.29 services shall assist in the development of and utilization of 227.30 core services to the greatest extent possible where appropriate, 227.31 cost-effective, and technically feasible. This includes, but is 227.32 not limited to, higher education, statewide online library, 227.33 economic and community development, and K-12 educational 227.34 technology services. North Star shall participate in electronic 227.35 commerce research and development initiatives with the 227.36 University of Minnesota and other partners. The statewide 228.1 online library service shall consult, collaborate, and work with 228.2 North Star to ensure development of proposals for advanced 228.3 government information locator and electronic depository and 228.4 archive systems. 228.5 Sec. 33. Minnesota Statutes 1999 Supplement, section 228.6 16E.08, is amended to read: 228.7 16E.08 [BUSINESS LICENSE INFORMATION.] 228.8 Theofficetechnology policy bureau shall coordinate the 228.9 design, establishment, implementation, and maintenance of an 228.10 electronic system to allow the public to retrieve by computer 228.11 information prepared by the department of trade and economic 228.12 development bureau of business licenses on licenses and their 228.13 requirements. Theofficetechnology policy bureau shall 228.14 establish the format and standards for retrieval consistent with 228.15 state information and data interchange policies. The electronic 228.16 system must also be designed to allow the public to apply for 228.17 and obtain business licenses and permits on line. Theoffice228.18 technology policy bureau shall integrate the system with the 228.19 North Star online information system. Theofficetechnology 228.20 policy bureau shall work in collaboration with the department of 228.21 trade and economic development bureau of business licenses. The 228.22 bureau of business licenses is responsible for creating and 228.23 maintaining the information on licenses and their requirements. 228.24 The technology policy bureau is responsible for operating the 228.25 business license and permit online system. 228.26 Sec. 34. Minnesota Statutes 1998, section 422A.101, 228.27 subdivision 3, is amended to read: 228.28 Subd. 3. [STATE CONTRIBUTIONS.] (a) Subject to the 228.29 limitation set forth in paragraph (c), the state shall pay to 228.30 the Minneapolis employees retirement fund annually an amount 228.31 equal to the amount calculated under paragraph (b). 228.32 (b) The payment amount is an amount equal to the financial 228.33 requirements of the Minneapolis employees retirement fund 228.34 reported in the actuarial valuation of the fund prepared by the 228.35 commission-retained actuary pursuant to section 356.215 for the 228.36 most recent year but based on a target date for full 229.1 amortization of the unfunded actuarial accrued liabilities by 229.2 June 30, 2020, less the amount of employee contributions 229.3 required pursuant to section 422A.10, and the amount of employer 229.4 contributions required pursuant to subdivisions 1a, 2, and 2a. 229.5 Payments shall be madein four equal installments, occurring on229.6March 15, July 15,September 15, and November 15annually. 229.7 (c) The annual state contribution under this subdivision 229.8 may not exceed$10,455,000 through fiscal year 1998 and229.9 $9,000,000beginning in fiscal year 1999, plus the cost of the 229.10 annual supplemental benefit determined under section 356.865. 229.11 (d) If the amount determined under paragraph (b) exceeds 229.12 $11,910,000, the excess must be allocated to and paid to the 229.13 fund by the employers identified in subdivisions 1a and 2, other 229.14 than units of metropolitan government. Each employer's share of 229.15 the excess is proportionate to the employer's share of the 229.16 fund's unfunded actuarial accrued liability as disclosed in the 229.17 annual actuarial valuation prepared by the actuary retained by 229.18 the legislative commission on pensions and retirement compared 229.19 to the total unfunded actuarial accrued liability attributed to 229.20 all employers identified in subdivisions 1a and 2, other than 229.21 units of metropolitan government. Payments must be made in 229.22 equal installments as set forth in paragraph (b). 229.23 Sec. 35. Laws 1984, chapter 597, section 22, is amended to 229.24 read: 229.25 Sec. 22. [TRANSPORTATION BONDS.] 229.26 To provide the money appropriated in this act from the 229.27 state transportation fund the commissioner of financeupon229.28request of the governorshall sell and issue bonds of the state 229.29 in an amount up to $16,000,000 in the manner, upon the terms, 229.30 and with the effect prescribed by Minnesota Statutes, sections 229.31 174.50, 174.51, and by the Constitution, article XI, sections 4 229.32 to 7. 229.33 Sec. 36. Laws 1987, chapter 400, section 25, subdivision 229.34 1, is amended to read: 229.35 Subdivision 1. [BUILDING FUND.] To provide the money 229.36 appropriated in this act from the state building fund the 230.1 commissioner of financeon request of the governorshall sell 230.2 and issue bonds of the state in an amount up to $370,972,200 in 230.3 the manner, upon the terms, and with the effect prescribed by 230.4 Minnesota Statutes, sections 16A.631 to 16A.675, and by the 230.5 Minnesota Constitution, article XI, sections 4 to 7. 230.6 Sec. 37. Laws 1987, chapter 400, section 25, subdivision 230.7 5, is amended to read: 230.8 Subd. 5. [WATER POLLUTION CONTROL FUND.] To provide the 230.9 money appropriated in this act from the water pollution control 230.10 fund the commissioner of financeon request of the governor230.11 shall sell and issue bonds of the state in an amount up to 230.12 $66,747,000 in the manner, upon the terms, and with the effect 230.13 prescribed by Minnesota Statutes, sections 16A.631 to 16A.675, 230.14 and by the Minnesota Constitution, article XI, sections 4 to 7. 230.15 The proceeds of the bonds, except accrued interest and any 230.16 premium received on the sale of the bonds, must be credited to a 230.17 bond proceeds account in the water pollution control fund. 230.18 Sec. 38. Laws 1989, chapter 300, article 1, section 23, 230.19 subdivision 1, is amended to read: 230.20 Subdivision 1. [BUILDING FUND.] To provide the money 230.21 appropriated in this act from the state building fund the 230.22 commissioner of financeon request of the governorshall sell 230.23 and issue bonds of the state in an amount up to $142,585,000 in 230.24 the manner, upon the terms, and with the effect prescribed by 230.25 Minnesota Statutes, sections 16A.631 to 16A.675, and by the 230.26 Minnesota Constitution, article XI, sections 4 to 7. 230.27 Sec. 39. Laws 1990, chapter 610, article 1, section 30, is 230.28 amended to read: 230.29 Sec. 30. [BOND SALE.] 230.30 Subdivision 1. [BOND PROCEEDS FUND.] To provide the money 230.31 appropriated in this act from the state bond proceeds fund the 230.32 commissioner of finance, on request of the governor,shall sell 230.33 and issue bonds of the state in an amount up to $109,525,000 in 230.34 the manner, upon the terms, and with the effect prescribed by 230.35 Minnesota Statutes, sections 16A.631 to 16A.675, and by the 230.36 Minnesota Constitution, article XI, sections 4 to 7. 231.1 Subd. 2. [INFRASTRUCTURE DEVELOPMENT FUND.] To provide the 231.2 money appropriated in this act from the infrastructure 231.3 development fund, the commissioner of finance, on request of the231.4governor,shall sell and issue bonds of the state in an amount 231.5 up to $243,665,000 in the manner, upon the terms, and with the 231.6 effect prescribed by Minnesota Statutes, sections 16A.631 to 231.7 16A.675, and by the Minnesota Constitution, article XI, sections 231.8 4 to 7. 231.9 Subd. 3. [TRANSPORTATION FUND.] To provide the money 231.10 appropriated in this act from the state transportation fund, the 231.11 commissioner of finance, on request of the governor,shall sell 231.12 and issue bonds of the state in an amount up to $11,200,000 in 231.13 the manner, upon the terms, and with the effect prescribed by 231.14 Minnesota Statutes, sections 16A.631 to 16A.675, and by the 231.15 Minnesota Constitution, article XI, sections 4 to 7. The 231.16 proceeds of the bonds, except accrued interest and any premium 231.17 received on the sale of the bonds, must be credited to a bond 231.18 proceeds account in the state transportation fund. 231.19 Sec. 40. Laws 1991, chapter 354, article 11, section 2, 231.20 subdivision 1, is amended to read: 231.21 Subdivision 1. (a) To provide the money appropriated from 231.22 the bond proceeds fund in 1991 S.F. No. 1533, the commissioner 231.23 of financeon request of the governorshall sell and issue bonds 231.24 of the state in an amount up to $16,000,000 in the manner, upon 231.25 the terms, and with the effect prescribed by Minnesota Statutes, 231.26 sections 16A.631 to 16A.675, and by the Minnesota Constitution, 231.27 article XI. 231.28 (b) To provide the money appropriated from the bond 231.29 proceeds fund in this act, the commissioner of financeon231.30request of the governorshall sell and issue bonds of the state 231.31 in an amount up to $12,000,000 in the manner, upon the terms, 231.32 and with the effect prescribed by Minnesota Statutes, sections 231.33 16A.631 to 16A.675, and by the Minnesota Constitution, article 231.34 XI. 231.35 Sec. 41. Laws 1992, chapter 558, section 28, is amended to 231.36 read: 232.1 Sec. 28. [BOND SALE.] 232.2 Subdivision 1. [BOND PROCEEDS FUND.] To provide the money 232.3 appropriated in this act from the bond proceeds fund the 232.4 commissioner of finance, on request of the governor,shall sell 232.5 and issue bonds of the state in an amount up to $231,695,000 in 232.6 the manner, upon the terms, and with the effect prescribed by 232.7 Minnesota Statutes, sections 16A.631 to 16A.675, and by the 232.8 Minnesota Constitution, article XI, sections 4 to 7. 232.9 Subd. 2. [MAXIMUM EFFORT SCHOOL LOAN FUND.] To provide the 232.10 money appropriated in this act from the maximum effort school 232.11 loan fund, the commissioner of finance, on request of the232.12governor,shall sell and issue bonds of the state in an amount 232.13 up to $12,130,000 in the manner, upon the terms, and with the 232.14 effect prescribed by Minnesota Statutes, sections 16A.631 to 232.15 16A.675, and by the Minnesota Constitution, article XI, sections 232.16 4 to 7. The proceeds of the bonds, except accrued interest and 232.17 any premium received on the sale of the bonds, must be credited 232.18 to a bond proceeds account in the maximum effort school loan 232.19 fund. 232.20 Subd. 3. [TRANSPORTATION FUND.] To provide the money 232.21 appropriated in this act from the state transportation fund, the 232.22 commissioner of finance, on request of the governor,shall sell 232.23 and issue bonds of the state in an amount up to $17,500,000 in 232.24 the manner, upon the terms, and with the effect prescribed by 232.25 Minnesota Statutes, sections 16A.631 to 16A.675, and by the 232.26 Minnesota Constitution, article XI, sections 4 to 7. The 232.27 proceeds of the bonds, except accrued interest and any premium 232.28 received on the sale of the bonds, must be credited to a bond 232.29 proceeds account in the state transportation fund. 232.30 Sec. 42. Laws 1994, chapter 639, article 3, section 5, is 232.31 amended to read: 232.32 Sec. 5. [BOND SALE.] 232.33 (a) To provide the money appropriated in this act from the 232.34 state bond proceeds fund, the commissioner of finance, on232.35request of the governor,shall sell and issue bonds of the state 232.36 in an amount up to $90,000,000 in the manner, upon the terms, 233.1 and with the effect prescribed by Minnesota Statutes, sections 233.2 16A.631 to 16A.675, the Minnesota Constitution, article XI, 233.3 sections 4 to 7, and paragraph (b). 233.4 (b) Bonds may not be issued under this section in total 233.5 amounts exceeding the following: 233.6 (1) by June 30, 1996, $10,000,000; 233.7 (2) by June 30, 1998, $35,000,000; 233.8 (3) by June 30, 2000, $55,000,000; and 233.9 (4) by June 30, 2002, $75,000,000. 233.10 Sec. 43. Laws 1994, chapter 643, section 31, is amended to 233.11 read: 233.12 Sec. 31. [BOND SALE AUTHORIZATION.] 233.13 Subdivision 1. [BOND PROCEEDS FUND.] To provide the money 233.14 appropriated in this act from the bond proceeds fund the 233.15 commissioner of finance, on request of the governor,shall sell 233.16 and issue bonds of the state in an amount up to $573,385,000 in 233.17 the manner, upon the terms, and with the effect prescribed by 233.18 Minnesota Statutes, sections 16A.631 to 16A.675, and by the 233.19 Minnesota Constitution, article XI, sections 4 to 7. 233.20 Subd. 2. [TRANSPORTATION FUND.] To provide the money 233.21 appropriated in this act from the state transportation fund, the 233.22 commissioner of finance, on request of the governor,shall sell 233.23 and issue general obligation bonds of the state in an amount up 233.24 to $45,000,000 in the manner, upon the terms, and with the 233.25 effect prescribed by Minnesota Statutes, sections 16A.631 to 233.26 16A.675, and by the Minnesota Constitution, article XI, sections 233.27 4 to 7. The proceeds of the bonds, except accrued interest and 233.28 any premium received on the sale of the bonds, must be credited 233.29 to a bond proceeds account in the state transportation fund. 233.30 Subd. 3. [MAXIMUM EFFORT SCHOOL LOAN FUND.] To provide the 233.31 money appropriated in this act from the maximum effort school 233.32 loan fund, the commissioner of finance, on request of the233.33governor,shall sell and issue bonds of the state in an amount 233.34 up to $2,970,000 in the manner, upon the terms, and with the 233.35 effect prescribed by Minnesota Statutes, sections 16A.631 to 233.36 16A.675, and by the Minnesota Constitution, article XI, sections 234.1 4 to 7. The proceeds of the bonds, except accrued interest and 234.2 any premium received on the sale of the bonds, must be credited 234.3 to a bond proceeds account in the maximum effort school loan 234.4 fund. 234.5 Sec. 44. Laws 1995, First Special Session chapter 2, 234.6 article 1, section 14, is amended to read: 234.7 Sec. 14. [BOND SALE AUTHORIZATION.] 234.8 Subdivision 1. [BOND PROCEEDS FUND.] To provide the money 234.9 appropriated in this article from the bond proceeds fund, the 234.10 commissioner of finance, on request of the governor,shall sell 234.11 and issue bonds of the state in an amount up to $5,630,000 in 234.12 the manner, upon the terms, and with the effect prescribed by 234.13 Minnesota Statutes, sections 16A.631 to 16A.675, and by the 234.14 Minnesota Constitution, article XI, sections 4 to 7. 234.15 Subd. 2. [TRANSPORTATION FUND.] To provide the money 234.16 appropriated in this article from the state transportation fund, 234.17 the commissioner of finance, on request of the governor,shall 234.18 sell and issue general obligation bonds of the state in an 234.19 amount up to $4,500,000 in the manner, upon the terms, and with 234.20 the effect prescribed by Minnesota Statutes, sections 16A.631 to 234.21 16A.675, and by the Minnesota Constitution, article XI, sections 234.22 4 to 7. The proceeds of the bonds, except accrued interest and 234.23 any premium received on the sale of the bonds, must be credited 234.24 to a bond proceeds account in the state transportation fund. 234.25 Subd. 3. [MAXIMUM EFFORT SCHOOL LOAN FUND.] To provide the 234.26 money appropriated by this article from the maximum effort 234.27 school loan fund, the commissioner of finance, on request of the234.28governor,shall sell and issue bonds of the state in an amount 234.29 up to $23,670,000 in the manner, on the terms, and with the 234.30 effect prescribed by Minnesota Statutes, sections 16A.631 to 234.31 16A.675, and by the Minnesota Constitution, article XI, sections 234.32 4 to 7. The proceeds of the bonds, except accrued interest and 234.33 any premium received on the sale of the bonds, must be credited 234.34 to a bond proceeds account in the maximum effort school loan 234.35 fund. 234.36 Sec. 45. Laws 1996, chapter 463, section 27, is amended to 235.1 read: 235.2 Sec. 27. [BOND SALE AUTHORIZATIONS.] 235.3 Subdivision 1. [BOND PROCEEDS FUND.] To provide the money 235.4 appropriated in this act from the bond proceeds fund the 235.5 commissioner of finance, on request of the governor,shall sell 235.6 and issue bonds of the state in an amount up to $597,110,000 in 235.7 the manner, upon the terms, and with the effect prescribed by 235.8 Minnesota Statutes, sections 16A.631 to 16A.675, and by the 235.9 Minnesota Constitution, article XI, sections 4 to 7. 235.10 Subd. 2. [TRANSPORTATION FUND.] To provide the money 235.11 appropriated in this act from the state transportation fund, the 235.12 commissioner of finance, on request of the governor,shall sell 235.13 and issue general obligation bonds of the state in an amount up 235.14 to $10,000,000 in the manner, upon the terms, and with the 235.15 effect prescribed by Minnesota Statutes, sections 16A.631 to 235.16 16A.675, and by the Minnesota Constitution, article XI, sections 235.17 4 to 7. The proceeds of the bonds, except accrued interest and 235.18 any premium received on the sale of the bonds, must be credited 235.19 to a bond proceeds account in the state transportation fund. 235.20 Sec. 46. Laws 1997, chapter 246, section 10, is amended to 235.21 read: 235.22 Sec. 10. [BOND SALE AUTHORIZATIONS.] 235.23 Subdivision 1. [BOND PROCEEDS FUND.] To provide the money 235.24 appropriated in this act from the bond proceeds fund the 235.25 commissioner of finance, on request of the governor,shall sell 235.26 and issue bonds of the state in an amount up to $86,625,000 in 235.27 the manner, upon the terms, and with the effect prescribed by 235.28 Minnesota Statutes, sections 16A.631 to 16A.675, and by the 235.29 Minnesota Constitution, article XI, sections 4 to 7. 235.30 Subd. 2. [TRANSPORTATION FUND.] To provide the money 235.31 appropriated in this act from the state transportation fund, the 235.32 commissioner of finance, on request of the governor,shall sell 235.33 and issue general obligation bonds of the state in an amount up 235.34 to $3,000,000 in the manner, upon the terms, and with the effect 235.35 prescribed by Minnesota Statutes, sections 16A.631 to 16A.675, 235.36 and by the Minnesota Constitution, article XI, sections 4 to 7. 236.1 The proceeds of the bonds, except accrued interest and any 236.2 premium received on the sale of the bonds, must be credited to a 236.3 bond proceeds account in the state transportation fund. 236.4 Sec. 47. Laws 1998, chapter 404, section 27, is amended to 236.5 read: 236.6 Sec. 27. [BOND SALE AUTHORIZATIONS.] 236.7 Subdivision 1. [BOND PROCEEDS FUND.] To provide the money 236.8 appropriated in this act from the bond proceeds fund, the 236.9 commissioner of finance, on request of the governor,shall sell 236.10 and issue bonds of the state in an amount up to $463,795,000 in 236.11 the manner, upon the terms, and with the effect prescribed by 236.12 Minnesota Statutes, sections 16A.631 to 16A.675, and by the 236.13 Minnesota Constitution, article XI, sections 4 to 7. 236.14 Subd. 2. [TRANSPORTATION FUND.] To provide the money 236.15 appropriated in this act from the transportation fund, the 236.16 commissioner of finance, on request of the governor,shall sell 236.17 and issue bonds of the state in an amount up to $34,000,000 in 236.18 the manner, upon the terms, and with the effect prescribed by 236.19 Minnesota Statutes, sections 16A.631 to 16A.675, and by the 236.20 Minnesota Constitution, article XI, sections 4 to 7. The 236.21 proceeds of the bonds, except accrued interest and any premium 236.22 received on the sale of the bonds, must be credited to a bond 236.23 proceeds account in the state transportation fund. 236.24 Sec. 48. Laws 1999, chapter 240, article 1, section 13, is 236.25 amended to read: 236.26 Sec. 13. [BOND SALE AUTHORIZATIONS.] 236.27 Subdivision 1. [BOND PROCEEDS FUND.] To provide the money 236.28 appropriated in this article from the bond proceeds fund, the 236.29 commissioner of finance, on request of the governor,shall sell 236.30 and issue bonds of the state in an amount up to $139,510,000 in 236.31 the manner, upon the terms, and with the effect prescribed by 236.32 Minnesota Statutes, sections 16A.631 to 16A.675, and by the 236.33 Minnesota Constitution, article XI, sections 4 to 7. 236.34 Subd. 2. [TRANSPORTATION FUND.] To provide the money 236.35 appropriated in this article from the transportation fund, the 236.36 commissioner of finance, on request of the governor,shall sell 237.1 and issue bonds of the state in an amount up to $10,440,000 in 237.2 the manner, upon the terms, and with the effect prescribed by 237.3 Minnesota Statutes, sections 16A.631 to 16A.675, and by the 237.4 Minnesota Constitution, article XI, sections 4 to 7. The 237.5 proceeds of the bonds, except accrued interest and any premium 237.6 received on the sale of the bonds, must be credited to a bond 237.7 proceeds account in the state transportation fund. 237.8 Sec. 49. Laws 1999, chapter 240, article 2, section 16, is 237.9 amended to read: 237.10 Sec. 16. [BOND SALE AUTHORIZATIONS.] 237.11 Subdivision 1. [BOND PROCEEDS FUND.] To provide the money 237.12 appropriated in this article from the bond proceeds fund, the 237.13 commissioner of finance, on request of the governor,shall sell 237.14 and issue bonds of the state in an amount up to $372,400,000 in 237.15 the manner, upon the terms, and with the effect prescribed by 237.16 Minnesota Statutes, sections 16A.631 to 16A.675, and by the 237.17 Minnesota Constitution, article XI, sections 4 to 7. 237.18 Subd. 2. [TRANSPORTATION FUND.] To provide the money 237.19 appropriated in this article from the transportation fund, the 237.20 commissioner of finance, on request of the governor,shall sell 237.21 and issue bonds of the state in an amount up to $28,000,000 in 237.22 the manner, upon the terms, and with the effect prescribed by 237.23 Minnesota Statutes, sections 16A.631 to 16A.675, and by the 237.24 Minnesota Constitution, article XI, sections 4 to 7. The 237.25 proceeds of the bonds, except accrued interest and any premium 237.26 received on the sale of the bonds, must be credited to a bond 237.27 proceeds account in the state transportation fund. 237.28 Sec. 50. Laws 1999, chapter 250, article 1, section 11, is 237.29 amended to read: 237.30 Sec. 11. OFFICE OF STRATEGIC 237.31 AND LONG-RANGE PLANNING 6,891,000 4,417,000 237.32 $100,000 the first year is to integrate 237.33 the office's information technology and 237.34 is available until June 30, 2003. The 237.35 director shall report on the progress 237.36 of the unit to the chairs of the 237.37 legislative committees responsible for 237.38 this budget item by January 15, 2000, 237.39 2001, and 2002. 237.40 $1,600,000 the first year is for a 238.1 generic environmental impact statement 238.2 on animal agriculture. 238.3 $200,000 the first year is to perform 238.4 program evaluations of agencies in the 238.5 executive branch. 238.6 The program evaluation division will 238.7 report to the legislature by December 238.8 1, 2000, ways to reduce state 238.9 government expenditures by five to ten 238.10 percent. 238.11 $100,000 the first year is to provide 238.12 administrative support to 238.13 community-based planning efforts. 238.14 $150,000 the first year is for a grant 238.15 of $50,000 to the southwest regional 238.16 development commission for the 238.17 continuation of the pilot program and 238.18 two additional grants of $50,000 each 238.19 to regional development commissions or, 238.20 in regions not served by regional 238.21 development commissions, to regional 238.22 organizations selected by the director 238.23 of strategic and long-range planning, 238.24 to support planning work on behalf of 238.25 local units of government. The 238.26 planning work shall include, but need 238.27 not be limited to: 238.28 (1) development of local zoning 238.29 ordinances; 238.30 (2) land use plans; 238.31 (3) community or economic development 238.32 plans; 238.33 (4) transportation and transit plans; 238.34 (5) solid waste management plans; 238.35 (6) wastewater management plans; 238.36 (7) workforce development plans; 238.37 (8) housing development plans and/or 238.38 market analysis; 238.39 (9) rural health service plans; 238.40 (10) natural resources management 238.41 plans; or 238.42 (11) development of geographical 238.43 information systems database to serve a 238.44 region's needs, including hardware and 238.45 software purchases and related labor 238.46 costs. 238.47 $200,000 the first year is to prepare 238.48 the generic environmental impact 238.49 statement on urban development required 238.50 by section 108. Any unencumbered 238.51 balance remaining in the first year 238.52 does not cancel and is available for 238.53 the second year of the biennium. 238.54 $24,000 the first year is for the 239.1 southwest Minnesota wind monitoring 239.2 project. 239.3 $100,000 the first year is for a grant 239.4 to the city of Mankato to complete the 239.5 Mankato area growth management and 239.6 planning study, phase 2. The 239.7 appropriation is available until June 239.8 30, 2002. The appropriation must be 239.9 matched by an in-kind donation of 239.10 $100,000 in administrative, technical, 239.11 and higher educational internship 239.12 support and supervision. The value of 239.13 the in-kind donations must be 239.14 determined by the commissioner of 239.15 finance. 239.16 The city shall serve as fiscal agent to 239.17 complete the study under the 1997 239.18 regional planning joint powers 239.19 agreement among the cities of Mankato, 239.20 North Mankato, and Eagle Lake; the 239.21 counties of Nicollet and Blue Earth; 239.22 and the towns of Mankato, South Bend, 239.23 Lime, Decoria, and Belgrade, without 239.24 limitation on the rights of the parties 239.25 to that agreement to add or remove 239.26 members. The study is intended as an 239.27 alternative to community-based 239.28 planning. The study is intended to 239.29 develop information and analysis to 239.30 provide guidance on such issues as: 239.31 (1) the development of joint planning 239.32 agreements to implement a unified 239.33 growth management strategy; 239.34 (2) joint service ventures, such as 239.35 planning or zoning administration in 239.36 urban fringe areas; 239.37 (3) orderly growth and annexation 239.38 agreements between cities and 239.39 townships; 239.40 (4) feedlot regulations in urban fringe 239.41 areas and future growth corridors; 239.42 (5) service strategies for unsewered 239.43 subdivisions; 239.44 (6) other joint ventures for city, 239.45 county, and township service delivery 239.46 in fringe areas; 239.47 (7) feasibility of a rural township 239.48 taxing district; and 239.49 (8) alternatives to the current 239.50 community-based planning legislation 239.51 that would add flexibility and improve 239.52 the planning process. 239.53 The city of Mankato shall report the 239.54 results of the study to the legislature 239.55 by January 15, 2002. 239.56 Sec. 51. Laws 1999, chapter 250, article 1, section 12, 239.57 subdivision 8, is amended to read: 240.1 Subd. 8. Public Broadcasting 240.2 3,443,000 3,330,000 240.3 $1,450,000 the first year and 240.4 $1,450,000 the second year are for 240.5 matching grants for public television. 240.6 $600,000 the first year and $600,000 240.7 the second year are for public 240.8 television equipment needs. Equipment 240.9 grant allocations shall be made after 240.10 considering the recommendations of the 240.11 Minnesota public television association. 240.12 $441,000 the first year and $441,000 240.13 the second year are for grants and for 240.14 contracts with the senate and house of 240.15 representatives forpublic information240.16 television, Internet, intranet, and 240.17 other transmission of legislative 240.18 activities. At least one-half must go 240.19 for programming to bebroadcast in240.20 transmitted to rural Minnesota. 240.21 $25,000 the first year and $25,000 the 240.22 second year are for grants to the Twin 240.23 Cities regional cable channel. 240.24 $320,000 the first year and $320,000 240.25 the second year are for community 240.26 service grants to public educational 240.27 radio stations, which must be allocated 240.28 after considering the recommendations 240.29 of the Association of Minnesota Public 240.30 Educational Radio Stations under 240.31 Minnesota Statutes, section 129D.14. 240.32 Of this appropriation, $30,000 the 240.33 first year and $30,000 the second year 240.34 are for station WTIP-FM in Grand 240.35 Marais, which need not meet the 240.36 requirements of Minnesota Statutes, 240.37 section 129D.14, until July 1, 2002. 240.38 $494,000 the first year and $494,000 240.39 the second year are for equipment 240.40 grants to public radio stations. These 240.41 grants must be allocated after 240.42 considering the recommendations of the 240.43 Association of Minnesota Public 240.44 Educational Radio Stations and 240.45 Minnesota Public Radio, Inc. 240.46 If an appropriation for either year for 240.47 grants to public television or radio 240.48 stations is not sufficient, the 240.49 appropriation for the other year is 240.50 available for it. 240.51 Sec. 52. Laws 1999, chapter 250, article 1, section 14, 240.52 subdivision 3, is amended to read: 240.53 Subd. 3. Information and 240.54 Management Services 240.55 16,643,000 9,932,000 240.56$100,000 the first year is for a grant240.57to the city of Mankato to complete the240.58Mankato area growth management and241.1planning study, phase 2. The241.2appropriation is available until June241.330, 2002. The appropriation must be241.4matched by an in-kind donation of241.5$100,000 in administrative, technical,241.6and higher educational internship241.7support and supervision. The value of241.8the in-kind donations must be241.9determined by the commissioner of241.10finance.241.11The city shall serve as fiscal agent to241.12complete the study under the 1997241.13regional planning joint powers241.14agreement among the cities of Mankato,241.15North Mankato, and Eagle Lake; the241.16counties of Nicollet and Blue Earth;241.17and the towns of Mankato, South Bend,241.18Lime, Decoria, and Belgrade, without241.19limitation on the rights of the parties241.20to that agreement to add or remove241.21members. The study is intended as an241.22alternative to community-based241.23planning. The study is intended to241.24develop information and analysis to241.25provide guidance on such issues as:241.26(1) the development of joint planning241.27agreements to implement a unified241.28growth management strategy;241.29(2) joint service ventures, such as241.30planning or zoning administration in241.31urban fringe areas;241.32(3) orderly growth and annexation241.33agreements between cities and241.34townships;241.35(4) feedlot regulations in urban fringe241.36areas and future growth corridors;241.37(5) service strategies for unsewered241.38subdivisions;241.39(6) other joint ventures for city,241.40county, and township service delivery241.41in fringe areas;241.42(7) feasibility of a rural township241.43taxing district; and241.44(8) alternatives to the current241.45community-based planning legislation241.46that would add flexibility and improve241.47the planning process.241.48The city of Mankato shall report the241.49results of the study to the legislature241.50by January 15, 2002.241.51 $6,839,000 the first year is a one-time 241.52 appropriation to upgrade the human 241.53 resources and payroll system and is 241.54 available until June 30, 2003. The 241.55 commissioner shall report on the 241.56 progress of this project to the chairs 241.57 of the legislative committees 241.58 responsible for this budget item by 241.59 January 15, 2000, 2001, and 2002. 242.1 The commissioner of finance shall work 242.2 with the commissioners of employee 242.3 relations and administration and shall 242.4 develop as part of the human resource 242.5 and payroll systems upgrade, and submit 242.6 to the chairs of the senate 242.7 governmental operations budget division 242.8 and the house state government finance 242.9 committee by January 15, 2000, a 242.10 long-range plan for the statewide 242.11 business systems: human resources, 242.12 payroll, accounting, and procurement. 242.13 The plan must detail each system's 242.14 original development costs, its 242.15 expected life cycle, the estimated cost 242.16 of upgrading software to newer versions 242.17 during its life cycle, its operating 242.18 costs to date, and the factors that are 242.19 expected to drive future operating 242.20 costs within the departments of 242.21 finance, administration, and employee 242.22 relations. The plan must also include 242.23 an evaluation of and recommendations on 242.24 whether, for the statewide business 242.25 systems, the state should use software 242.26 that is developed and maintained in 242.27 house; proprietary software, either 242.28 modified or unmodified; a private 242.29 vendor; or a particular combination of 242.30 these options. 242.31 The commissioner of finance, in 242.32 consultation with senate and house 242.33 fiscal staff and the commissioner of 242.34 administration, shall develop 242.35 recommendations for inclusion in the 242.36 governor's fiscal year 2002-2003 budget 242.37 document on the presentation of 242.38 internal service funds. The 242.39 commissioner of finance shall submit 242.40 the recommendations to the chairs of 242.41 the senate governmental operations 242.42 budget division and the house state 242.43 government finance committee by January 242.44 15, 2000. 242.45 The department shall prepare a separate 242.46 budget book for the biennium beginning 242.47 July 1, 2001, containing all of the 242.48 administration's technology 242.49 initiatives. The book must also 242.50 include a complete inventory of 242.51 state-owned and leased technology, 242.52 along with a projected replacement 242.53 schedule. The inventory must include 242.54 information on how the technology fits 242.55 into the state's master plan. 242.56 Sec. 53. Laws 1999, chapter 250, article 1, section 18, is 242.57 amended to read: 242.58 Sec. 18. VETERANS AFFAIRS 5,885,000 4,369,000 242.59 $1,544,000 the first year and 242.60 $1,544,000 the second year are for 242.61 emergency financial and medical needs 242.62 of veterans. If the appropriation for 242.63 either year is insufficient, the 242.64 appropriation for the other year is 242.65 available for it. 243.1 $12,000 the first year and $13,000 the 243.2 second year are one-time funding to 243.3 provide grants to local veterans' 243.4 organizations that provide 243.5 transportation services for veterans to 243.6 veterans administration medical 243.7 facilities. 243.8 The commissioner of veterans affairs, 243.9 in cooperation with the board of 243.10 directors of the Minnesota veterans 243.11 homes and the United States Veterans 243.12 Administration, shall study the 243.13 feasibility and desirability of 243.14 supplementing the missions of the 243.15 veterans homes and the Veterans 243.16 Administration hospitals in Minnesota 243.17 by entering into agreements with health 243.18 care providers throughout the state to 243.19 provide free or reduced-cost 243.20 comprehensive health care to veterans 243.21 close to their places of residence as a 243.22 supplement to private health 243.23 insurance. The commissioner shall 243.24 report the results of the study and any 243.25 recommendations to the legislature by 243.26 January 15, 2000. 243.27 With the approval of the commissioner 243.28 of finance, the commissioner of 243.29 veterans affairs may transfer the 243.30 unencumbered balance from the veterans 243.31 relief program to other department 243.32 programs during the fiscal year. 243.33 Before the transfer, the commissioner 243.34 of veterans affairs shall explain why 243.35 the unencumbered balance exists. The 243.36 amounts transferred must be identified 243.37 to the chairs of the senate 243.38 governmental operations budget 243.39 committee and the house state 243.40 government finance committee. 243.41 $275,000 the first year and $275,000 243.42 the second year are for a grant to the 243.43 Vinland National Center. 243.44 $1,485,000 the first year is to make 243.45 bonus payments authorized under 243.46 Minnesota Statutes, section 197.79. 243.47 The appropriation may not be used for 243.48 administrative purposes. The 243.49 appropriation does not expire until the 243.50 commissioner acts on all applications 243.51 submitted under Minnesota Statutes, 243.52 section 197.79. 243.53 $105,000 the first year is to 243.54 administer the bonus program 243.55 established under Minnesota Statutes, 243.56 section 197.79. The appropriation does 243.57 not expire until the commissioner acts 243.58 on all the applications submitted under 243.59 Minnesota Statutes, section 197.79. 243.60 $233,000 the first year and $235,000 243.61 the second year are for grants to 243.62 county veterans officesfor training of243.63county veterans service officersto 243.64 enhance their effectiveness. 244.1 Sec. 54. [CLARIFICATION; EFFECT ON REPEAL.] 244.2 Laws 1999, chapter 250, article 3, does not repeal rules or 244.3 fees in effect on the day before the effective date of Laws 244.4 1999, chapter 250, article 3. 244.5 Sec. 55. [MINNESOTA WORKERS' COMPENSATION ASSIGNED RISK 244.6 PLAN SURPLUS UTILIZATION.] 244.7 Subdivision 1. [EXCESS SURPLUS.] (a) For purposes of this 244.8 section, "excess surplus" means the amount of the assigned risk 244.9 plan surplus fund that exceeds the amount necessary to pay all 244.10 current and future liabilities of the assigned risk plan, 244.11 including, but not limited to: 244.12 (1) administrative expenses; 244.13 (2) benefit claims; and 244.14 (3) in the event the assigned risk plan is dissolved under 244.15 Minnesota Statutes, section 79.251, subdivision 8, the amounts 244.16 that would be due insurers who have paid assessments to the 244.17 assigned risk plan. 244.18 (b) On July 1, 2000, and July 1, 2001, the commissioner of 244.19 commerce shall certify to the commissioner of finance the amount 244.20 of the assigned risk plan excess surplus and shall direct the 244.21 transfer of the excess surplus funds as provided in subdivision 244.22 2. The transfers are not subject to review under Minnesota 244.23 Statutes, chapter 14. 244.24 Subd. 2. [TRANSFER OF EXCESS SURPLUS FUNDS FOR THE BENEFIT 244.25 OF THE MINNESOTA COMPREHENSIVE HEALTH ASSOCIATION.] (a) The 244.26 commissioner of commerce shall direct the transfer of excess 244.27 surplus funds for the benefit of the Minnesota comprehensive 244.28 health association according to paragraphs (b) to (d). 244.29 (b) On July 1, 2000, $65,000,000 must be paid into the 244.30 state treasury and credited to a separate account within the 244.31 special revenue fund called the Minnesota comprehensive health 244.32 association endowment account. Interest attributable to money 244.33 in the account must be credited to the Minnesota comprehensive 244.34 health association endowment account of the special revenue 244.35 fund. Money, including interest earned, in the Minnesota 244.36 comprehensive health association endowment account must be used 245.1 to fund current and future deficits of the Minnesota 245.2 comprehensive health association. Except as otherwise provided 245.3 in subdivision 3, $5,200,000 is appropriated from the endowment 245.4 account to the commissioner of commerce on January 15, 2001, and 245.5 on January 15 annually thereafter, and disbursed to the 245.6 association for the purpose of reducing its operating deficit. 245.7 The payments made under this paragraph must be made first from 245.8 the interest earned by the endowment, and if the interest is not 245.9 sufficient, then from the endowment principal, until the 245.10 endowment is exhausted. 245.11 (c) On January 15, 2001, $15,000,000 must be paid to the 245.12 state treasury and credited to the general fund and $15,000,000 245.13 is appropriated from the general fund to the commissioner of 245.14 commerce for disbursement to the association for the exclusive 245.15 purpose of reducing its operating deficit assessment for 245.16 calendar year 2001. 245.17 (d) On January 15, 2002: 245.18 (1) $15,000,000 must be paid to the state treasury and 245.19 credited to the general fund; and 245.20 (2) $15,000,000 is appropriated from the general fund to 245.21 the commissioner of commerce for disbursement to the association 245.22 for the exclusive purpose of reducing its operating deficit 245.23 assessment for calendar year 2002. 245.24 Subd. 3. [RESTRICTIONS ON TRANSFER OF MINNESOTA WORKERS' 245.25 COMPENSATION PLAN ASSIGNED RISK PROGRAM EXCESS SURPLUS.] Thirty 245.26 days before each annual scheduled appropriation of $5,200,000 245.27 from the Minnesota comprehensive health association endowment 245.28 account to the association as set forth in subdivision 2, 245.29 paragraph (b), the commissioner of commerce, in consultation 245.30 with the commissioner of health, must determine whether the 245.31 association has made satisfactory progress in attaining and 245.32 maintaining the cost containment goals of the association. If 245.33 the commissioner of commerce determines that satisfactory 245.34 progress has not been achieved, the scheduled appropriation for 245.35 the Minnesota comprehensive health association endowment account 245.36 to the association must not be made. The determination of the 246.1 commissioner of commerce is not subject to review under 246.2 Minnesota Statutes, chapter 14. 246.3 Sec. 56. [STUDY OF LEGISLATIVE PROCEDURES.] 246.4 The legislative coordinating commission shall study and 246.5 report to the legislature by December 15, 2000, its 246.6 recommendations on how to streamline the bill introduction 246.7 process. The study must consider the possibility of limiting 246.8 the number of bills a member may introduce, removing limits on 246.9 the number of authors of a bill, reducing the number of 246.10 identical or similar bills introduced, and merging bills on 246.11 similar topics early in the legislative process. 246.12 Sec. 57. [BASE ADJUSTMENTS PROHIBITED.] 246.13 If a capital project authorized by the 2000 legislature 246.14 causes a change in operating costs for a state agency, the 246.15 commissioner of finance shall not treat that change as a base 246.16 adjustment in the agency's budget for fiscal years 2002 and 2003. 246.17 Sec. 58. [ALLOCATION OF COSTS OF CERTAIN BOUNDARY 246.18 ADJUSTMENT MATTERS.] 246.19 Except as otherwise provided in an agreement among the 246.20 parties to a boundary dispute, up to $35,000 of the costs of any 246.21 boundary adjustment matter commenced involving a city, town, and 246.22 independent school district before June 1, 1999, that is 246.23 concluded after that date under an alternative dispute 246.24 resolution process as directed by the director of the office of 246.25 strategic and long-range planning, must be allocated as provided 246.26 in law and rule before the abolition of the Minnesota municipal 246.27 board. The maximum total amount the parties may be charged by 246.28 the office of strategic and long-range planning, the office of 246.29 administrative hearings, or as part of an arbitration is no more 246.30 than the Minnesota municipal board could have charged if the 246.31 matter had been heard and decided by the board. Costs that 246.32 exceed what the municipal board could have charged must be paid 246.33 by the office of strategic and long-range planning. 246.34 Sec. 59. [REVISOR'S INSTRUCTION.] 246.35 The revisor shall substitute "technology policy bureau" for 246.36 "office of technology" in Minnesota Statutes, sections 16B.335, 247.1 16B.42, 125B.21, 136F.59, 138.17, and 221.173. 247.2 Sec. 60. [REPEALER.] 247.3 Laws 1999, chapter 250, article 1, section 15, subdivision 247.4 4, is repealed. 247.5 Sec. 61. [EFFECTIVE DATE.] 247.6 Except as otherwise provided in this act, this act is 247.7 effective the day following final enactment.